HomeMy WebLinkAbout2010/06/15 Item 6
CITY COUNCIL
AGENDA STATEMENT
:::::,~ CITY OF
.~ CHULA VISTA
ITEM TITLE:
JUNE 15,2010, Item--h-
A) RESOLUTION OF TI-IE CITY COUNCIL OF THE CITY
OF CHULA VISTA ACCEPTING THE LOCAL ENERGY
ASSURANCE PROGRAM GRANT IN THE AMOUNT OF
$198,998 AND APPROPRIATING THE FUNDS TO FISCAL
YEAR 2010-11 ARRA FUND BUDGET
SUBMITTED BY:
B) RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA (1) WAIVING THE CITY'S FORMAL
BIDDING PROCESS INVOLVING SELECTION OF A
CONSULTANT TO IMPLEMENT THE LOCAL ENERGY
ASSURANCE PROGRAM; (2) APPROVING AN
AGREEMENT WITH BURNS AND MCDONNELL
ENGINEERING CO. TO ASSIST THE CITY IN THE
IMPLEMENTATION OF THE LOCAL ENERGY
ASSURANCE PROGRAM; AND (3) AUTHORIZING THE
CITY MANAGER TO EXECUTE ALL DOCUMENTS
NECESSARY TO IMPLEMENT THE AGREEMENT
DEVELOPMENT SERVICES DIRECT~UTY CITY
MANAGER ~
ClTY MANAGER I
ITEM A - 4/STHS VOTE:
ITEM B - 4/STHS VOTE:
YES IX] NO n
YES D NO 0
REVIEWED BY:
SUMMARY
A goal of the American Recovery and Reinvestment Act of 2009 (ARRA), in part, is to
"facilitate recovery from disruptions to the energy supply" and "enhance reliability and
quicker repair of outages." The U.S. Department of Energy is utilizing ARRA funding to
create the Local Energy Assurance Planning Initiative (LEAP). The goal of the LEAP
Initiative is to create jobs at the local level and allow Cities to have well-developed,
standardized energy assurance and resiliency plans that they can rely on during energy
emergencies and supply disruptions. LEAP funding allows local governments to address
energy supply disruption risks and vulnerabilities in their plans to lessen the devastating
impact that such incidents can have on the economy and the health and safety of citizens.
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JUNE IS, 2010, Ttem~
Page 2 of 4
In October 2009, the Chula Vista City Council authorized statT to apply for LEAP
funding for the development of a plan and implementation strategy that focuses on
developing new, or refining existing, plans to integrate new energy portfolios (renewable
energy, bio-fuels, etc.) and new applications, such as Smart Grid technology, into energy
assurance and emergency preparedness plans. On April 30, 2010, the US Department of
Energy awarded the City a LEAP grant in the amount of $198,998.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposcd actIvity for
compliance with the California Environmental Quality Act (CEQA) and has determined
that the activity is not a "Project" as defined under Section 15378 of the State CEQA
Guidelines, therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the
activity is not subject to CEQA. Thus, no environmental review is necessary.
RECOMMENDATION
Council adopt the resolutions.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
Since March of 2006, the City of Chula Vista has been working as a participant in the
National Energy Center for Sustainable Communities (NECSC) to advance responsible
use of energy resources through the planning proccss of major developments throughout
Chula Vista. This work is providing a road map tor Chula Vista to integrate advanced
energy practices at the building and community design level in a manner that makes the
most of the economic and environmental opportunities.
An essential aspect of this work is the demonstration of technologies, plans, public
policies and market-feasible business models for energy- and resource-efficicnt
development throughout the City of Chula Vista. To date, over $2 Million in research has
been conducted on Chula Vista projects that focus on energy efficiency and renewable
energy.
Through the LEAP initiative, the City received funding to develop a plan and
implementation strategy to provide alternative emergency energy systems to support
critical facilities (those supporting the health, safety, security and the orderly functioning
of a community). These systems would permanently disaggregate/decentralize the
production of emergency electricity energy resources into the community through the use
of flexible-fuel distributed generation technologies. The delivery of these resources to
critical facilities would then be provided by small-scale, local-area electrical energy
micro-grids and thermal energy pipelines. Funding for the implementation of this
planning effort is not part of this grant award. However, funding to implement the
strategy will be sought at a later date through subsequent grant opportunities.
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JUNE 15, 2010, Item~
Page 3 0 f 4
The LEAP project will result in the following four product deliverables:
. Emergency Energy System Development (EESD) Designs - The model will
consist of a set of technologically and economically feasible energy system designs in
Chula Vista that integrate distributed generation (DG) equipment, delivery, monitoring,
control and communications components with existing metropolitan electricity and
natural gas infrastructure. The system design will be formulated to meet the average
energy demand characteristics associated with critical facilities serving an average
urban neighborhood community (i.e.: facilities in close spatial proximity to each other).
. Technical Planning Guide - The guide will contain technical information and a
specific planning methodology that will enable target audiences to customize the
components of the Clmla Vista design model to meet the specific emergency energy
needs of their communities.
. Local Government EESD Toolkit & Exchanges - The toolkit will contain
additional resources designed to introduce EESD to local community stakeholders, to
demonstrate actual community experiences implementing EESD plans, and to provide a
franlework for direct peer-to-peer assistance exchanges between communities. The
toolkit will also contain a series of case studies that document the experiences of
metropolitan communities selected to pilot test the EESD planning process.
. Regional Workshops & Dissemination Campaign - To ensure that the model,
guide and toolkit reach their intended audiences, the project scope will include the
staging of regional workshops designed to lead local governn1ent attendees through the
EESD design and planning process.
Bidding Process Waiver
The Chula Vista City Council authorized staff to apply for the LEAP grant in October
2009. The current action before the City Council is slightly modified from the action
prcviously described in the October 2009 staff report. The City is now seeking to retain
Burns and McDonnell Engineering (Consultant) to assist the City in preparing the LEAP
Plan. The majority of the work contemplated in this project will involve the analysis of
existing building energy demand and city-wide energy delivery systems. The Consultant
was selected for their infrastructure engineering expertise and its collaboration with the
NECSC to explore advanced approaches to energy system design for critical
infrastructure. Further, through its collaboration with the NECSC, the Consultant has
gained unique knowledge and understanding of the City's building energy demand and
city-wide energy delivery systems.
Douglas Newman will assist the Consultant and draft the final report. The October 2009
staff report contemplated the Burns and McDonnell would act as a sub-consultant to Mr.
Newman. Under the currently proposed action, Mr. Newman would act as a sub-
consultant to Bums and McDonnell.
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JUNE 15, 2010, Item~
Page 4 of 4
Chula Vista Municipal Code section 2.56.070 requires that the contracts for services
when the estimated cost exceeds $100,000 shall be awarded by the City Council to the
lowest responsive and responsible bidder submitting the best bid in accordance with a
competitive bidding process. Exceptions to this requirement may be granted where there
is a commodity or service available from only one known source as the result of unique
performance capabilities, compatibility requirements or market conditions. The
competitive bidding requirements may be waived by the City Council when they are
impractical, impossible or the city interests would be materially better served by a
different procurement process. Therefore, staff is recommending that the formal bidding
process be waived based on the above listed capabilities that are uniquely being otTered
by the Consultant.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific and consequently the 500 foot rule found in Cali fornia Code of
Regulations Section 18704.2(a)(I) is not applicable to this decision.
CURRENT YEAR FISCAL IMPACT
There is no impact to the current fiscal year. StatT is requesting the appropriation be
made to the FY 20 I 0-11 budget.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact resulting from accepting this grant. Grant funds will be
used for consultant services ($153,998) and the balance of the grant, $45,000 will be
allocated for staff costs related to LEAP activities.
ATTACHMENTS
I. Consultant Contract
Prepared by: Craig Ruiz, Prindpal Economic Development SpeciaUst, Development Services Department/
Economic Development Division
6-4
COUNCIL RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING THE LOCAL ENERGY
ASSURANCE PROGRAM GRANT IN THE AMOUNT OF
$198,998 AND APPROPRIATING THE FUNDS TO THE
FISCAL YEAR 2010-11 ARRA FUND BUDGET
WHEREAS, a goal of the American Recovery and Reinvestment Act of 2009 (ARRA),
in part, is to "facilitate recovery from disruptions to the energy supply" and "enhance reliability
and quicker repair of outages; and
WHEREAS, the U.S. Department of Energy is utilizing ARRA funding to create the
Local Energy Assurance Planning Initiative (LEAP) to create jobs at the local level and allow
Cities to have well-developed, standardized energy assurance and resiliency plans that they can
rely on during energy emergencies and supply disruptions; and
WHEREAS, eligibility for award under the LEAP Initiative is restricted to U.S. Cities
only; and
WHEREAS, LEAP Initiative funding will provide opportunities for the City to evaluate
and improve the emergency operation system; and
WHEREAS, on October 9, 2009 the City Council of the City of Chula Vista authorized
staff to apply for funding under the LEAP Initiative; and
WHEREAS, on April 30, 2010, the City of Chula Vista was informed by the US
Department of Energy that it had been awarded a grant in the amount of$198,998.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby (1) accept the Local Energy Assurance Program Grant in the amount of
$198,998, and (2) Appropriate $153,998 to the Services and Supplies expense category and
$45,000 to the Other expense category of the Fiscal Year 2010-11 ARRA Fund Budget.
-~--
...\''-'-
MAL-A.tJD
Presented by
Gary Halbert, AICP, PE
Deputy City Manager/Director of
Development Services
6-5
COUNCIL RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA (1) WAIVING THE CITY'S FORMAL
BIDDING PROCESS INVOLVING SELECTION OF A
CONSULTANT TO IMPLEMENT THE LOCAL ENERGY
ASSURANCE PROGRAM; (2) APPROVING AN AGREEMENT
WITH BURNS AND MCDONNELL ENGINEERING CO. TO
ASSIST THE CITY IN THE IMPLEMENTATION OF THE
LOCAL ENERGY ASSURANCE PROGRAM; AND (3)
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL
DOCUMENTS NECESSARY TO IMPLEMENT THE
AGREEMENT
WHEREAS, a goal of the American Recovery and Reinvestment Act of 2009 (ARRA),
in part, is to "facilitate recovery from disruptions to the energy supply" and "enhance reliability
and quicker repair of outages; and
WHEREAS, the U.S. Departmcnt of Energy is utilizing ARRA funding to create the
Local Energy Assurance Planning Initiative (LEAP) to create jobs at the local level and allow
Cities to have wen-developed, standardized energy assurance and resiliency plans that they can
rely on during energy emergencies and supply disruptions; and
WHEREAS, LEAP Initiative funding provides opportunities for the City to evaluate and
improve the emergency operation system; and
WHEREAS, on October 9, 2009 the City Council of the City of Chula Vista authorized
staff to apply for funding undcr the LEAP Initiative; and
WHEREAS, on April 30. 20 I 0, the City of Chula Vista was informed by the US
. Department of Energy that it had been awarded a grant in the amount of $198.998; and
WHEREAS, the City seeks to select Burns and McDonnell to perform the work
contemplated by the LEAP Initiative; and
WHEREAS, Burns and McDonnell is uniquely qualified to perform the work necessary
to complete the LEAP Initiative due to their expertise in infrastructure engineering; and
WHEREAS, Burns and McDonnell is uniquely qualified based upon their expert
understanding of the City's energy infrastructure needs and capabilities gained through their
collaboration with the City and the National Energy Center for Sustainable Communities on the
preparation of the LEAP application and their work with the National Energy Center for
Sustainable Communities regarding advanced approaches to energy system design for critical
infrastructure prior to the release of the LEAP grant application.
6-6
Resolution No. 2010-
Page 2
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City ofChula Vista as
follows:
1. The City's formal consultant selection process as to the selection of a consultant to
implement the Local Energy Assurance Program ("LEAP") is waived; and
2. The Agreement between the City of Chula Vista and Burns and McDollilell Engineering
Co. to implement the LEAP plam1ing initiative is approved; and
3. The City Manager or his designee is authorized to execute all documents necessary to
implement the Agreement.
:Jl~\..- Hk\...I"~
Presented by
Gary Halbert, AICP, PE
Deputy City Manager/Director of
Development Services
6-7
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE C TY COUNCIL
~
o s::>
Dated:~IO
AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND
BURNS & MCDONNELL ENGINEERlNG CO., INC.
IN SUPPORT OF DEVELOPMENT OF
A LOCAL ENERGY ASSURANCE PLAN
6-8
PARTlESANDRECTTALS PAGE(S)
Agreement between
City of Chula Vista
and
Bums & McDonnell Engineering Co., Inc.,
To Provide Consulting Services to the City of Chula Vista in support of the development of a
Local Energy Assurance Plan
This agreement ("Agreement"), dated _Apri] 30 , 2010 for the purposes of
reference only, and effective as of the date last executed unless another date is otherwise
specified in Exhibit A to this-Agreement ("Exhibit A"), Paragraph I, is between the City-related
entity whose name and business form is indicated on Exhibit A, Paragraph 2, ("City"), and the
entity whose name, business form, place of business and telephone numbers are indicated on
Exhibit A, Paragraphs 4 through 6, ("Consultant"), and is made with reference to the following
facts:
Recitals
WHEREAS, a goal of the American Recovery and Reinvestment Act of 2009 (ARRA),
in part, is to "facilitate recovery from disruptions to the energy supply" and "enhance reliability
and quicker repair of outages;" and
WHEREAS, the U.S. Department of Energy is utilizing ARRA funding to create the
Local Energy Assurance Planning Initiative (LEAP) to create jobs at the local level and allow
Cities to have well-developed, standardized energy assurance and resiliency plans that they can
rely on during energy emergencies and supply disruptions; and
WHEREAS, LEAP Initiative funding will provide opportunities for the City to evaluate
and improve the emergency operation system; and
WHEREAS, the National Energy Center for Sustainable Communities (NECSC) was
founded by the City of Chula Vista; San Diego State University (SDSU); and the Gas
Technology Institute (GTI), and with the support ofthc U.S. Department of Energy; and
'WHEREAS, the NECSe's mission is to promote healthier and more productive
communities by integrating cleaner energy systems and energy-smart planning and design into
new development and redevelopment projects; and
WHEREAS, the NECSe executes its mISSIOn through collaborative research,
demonstration and capacity-building (education and training) initiatives among government
agencies~ universities, utilities, companies and nongovernmental organizations across the nation;
and
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WHEREAS, the NECSC is collaborating with government agencics, companies and
utilities to create a national demonstration sitc for energy-smart community development through
the ultimate creation of up to 20-30 showcase technology, land use and management practice
demonstration sites across the City of Chula Vista; and
WHEREAS, in October 2009 city staff worked with the NECSC and its associates to
apply for and acquire funding under the LEAP Initiative; and
WHEREAS, on April 30, 2010, the City ofChula Vista was notified that it was awarded
$198,998 in ARRA funding for the purposes of preparing a LEAP Plan; and
WHEREAS, the City seeks to retain the Burns and McDonnell Enginecring Company to
perform the research and analysis necessary to prepare the LEAP plan; and
WHEREAS, Burns and McDonnell Engineering Company specializcs in the area of
infrastructure engineering, which is a critical element necessary to develop the LEAP plan; and
WHEREAS, Burns and McDonnell Engineering Company has unique knowledge of the
City of Chula Vista and the LEAP process due to their collaboration with the National Energy
Center for Sustainable Communities to explore advanced approaches to energy system design for
critical infrastructure prior to the release of the LEAP Notice of Funding Availability
WHEREAS, Consultant warrants and represents that it is cxperienced and staffed in a
manner such that it can deliver the services required of Consultant to City in accordance with the
time frames and the terms and conditions ofthis Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
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--,_. ~-~----.,...'~
OOLIGA TORY PROVISIONS PAGES
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually
agree as follows:
All of the Recitals above are incorporated into this Agreement by this reference.
ARTICLE I. CONSULTANT'S OBLIGATIONS
A. General
!. General Duties. Consultant shall perform all of the services described on Exhibit A,
Paragraph 7 ("General Duties").
2. Scope of Work and Schedule. In performing and delivering the General Duties,
Consultant sball also perform the services, and deliver to City tbe "Deliverables"
described in Exhibit A, Paragrapb 8, entitled "Scope of Work and Scbedule," according
to, and witbin tbe time frames set fortb in Exbibit A, Paragrapb 8. time being of tbe
cssence of this agreement. The General Duties and tbe work and Dclivcrables required in
the Scope of Work and Schedule sball be referred to as the "Detined Services." Failure to
complete tbe Defined Services by the times indicated does not, except at tbe option oftbe
City, terminate this Agreement.
a. Reductions in Scope of Work. City may independently, or upon request from
Consultant, from time to time, reduce the Defined Services to be performed by the
Consultant under tbis Agreement. Upon doing so, City and Consultant agree to meet
in good faitb and confer for tbe purpose of negotiating a corresponding rcduction in
the compensation associated witb the reduction.
b. Additional Services. In addition to performing tbe Defmed Services, City may
require Consultant to perform additional consulting services related to tbe Defined
Services ("Additional Services"), and upon doing so in writing, if they arc witbin the
scope of services offered by Consultant, Consultant shall perform same on a time and
materials basis at the rates set fortb in the "Rate Schedule" in Exhibit A,
Paragraph 1 D(C), unless a separate fixed fee is otberwise agreed upon. All
compensation for Additional Services sball be paid montbly as billed.
3. Standard of Care. The Consultant expressly warrants that the work to be performed
pursuant to tbis Agreement, wbetber Defined Services or Additional Services, sball be
performed in accordance witb tbe standard of care ordinarily exercised by members of
the profession currently practicing under similar conditions and in similar locations.
a. No Waiver of Standard ofeare. Where approval by City is requircd, it is understood
to be conceptual approval only and does not relieve the Consultant of responsibility
for complying witb all laws, codes, industry standards, and liability for damages
caused by negligent acts, errors, omissions, noncompliance witb industry standards,
or the willful misconduct of the Consultant or its subcontractors.
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B. Application of Laws. Should a federal or state law pre-empt a local law, or regulation, the
Consultant must comply with the federal or state law and implementing regulations. No
provision of this Agreement requires the Consultant to observe or enforce compliance with
any provision, perform any other act, or do any other thing in contravention of federal. state,
territorial, or local law, regulation, or ordinance. If compliance with any provision of this
Agreement violates or would require the Consultant to violate any law, the Consultant agrees
to notify City immediately in writing. Should this occur, the City and the Consultant agree
that they will make appropriate arrangements to proceed with or, if necessary, amend or
terminate this Agreement, or portions of it, expeditiously.
1. Subcontractors. Consultant agrees to take appropriate measures necessary to ensure that
all participants utilized by the Consultant to complete its obligations under this
Agreement, such as subcontractors, comply with all applicable laws, regulations,
ordinances, and policies, whether federal, state, or local, affecting Project
implementation. In addition, if a subcontractor is expected to fulfill any responsibilities of
the Consultant under this Agreement, the Consultant shall ensure that the subcontractor
carries out the Consultant's responsibilities as set forth in this Agreement.
C. Insurance
1. General. Consultant must procure and maintain, during the period of performance of this
Agreement, and for twelve months after completion, policies of insurance from insurance
companies to protect against claims for injuries to persons or damages to property that
may arise from or in connection with the performance of the work under this Agreement
and the results of that work by the Consultant, his agents, representatives, employees or
subcontractors, and provide documentation of same prior to commencement of work.
2. Minimum Scope of Insurance. Coverage must be at least as broad as:
a. CGL. Insurance Services Office Commercial General Liability coverage (occurrence
Form CGOOOI).
b. Auto. Insurance Services Office Form Number CA 0001 covering Automobile
Liability, Code I (any auto).
c. we. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
d. E&O. Professional Liability or Errors & Omissions Liability insurance appropriate to
the Consultant's profession. Architects' and Engineers' coverage is to be endorsed to
include contractual liability.
3. Minimum Limits of Insurance. Consultant must maintain limits no less than those
included in the table be low:
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i. Gencral Liability: $1,000,000 per occurrence for bodily injury, personal injury,
(Including (including death), and properry damage. If Commercial Gencral
operations, Liability insurance with a general aggregate limit is used, either
products and the general aggregate limit must apply separately to this
completed Projectllocation or the general aggregate limit must be twice the
operations, as required occurrence limit.
applicable)
ii. Automobilc $1,000,000 per accidcnt for bodily injury, including death, and
Liability: properry damage.
iii. Workers' Statutory
Compensation $1,000,000 each accident
Employer's $1,000,000 disease-policy limit
Liability: $1,000,000 disease-each emolovee
iv. Professional $] ,000,000 each claim and annual aggregatc.
Liability or Errors
& Omissions
Liability:
4. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must
bc declared to and approved by the City. At the option of the City, either the insurer will
reduce or eliminate such deductibles or self-insured retentions as they pertain to the City,
its officcrs, officials, employces and volunteers; or the Consultant will provide a financial
guarantee satisfactory to the City guaranteeing payment of losses and related
invcstigations, claim administration, and defensc expenses.
5. Other Insurance Provisions. The general liability, automobile liability, and where
appropriate, thc workcr's compensation policies are to contain, or be endorsed to contain,
the following provisions:
a. Additional Insureds. City of Chula Vista, its officers, officials, employees, agents,
and volunteers are to be named as additional insureds with respect to the above
General and Automobile Liability policies of insurance, including those with respect
to liability arising out of automobiles owned, leased, hired or borrowed by or on
behalf of thc Consultant, where applicable, and, with respect to liability arising out of
work or opcrations performed by or on behalf of the Consultant, including providing
materials, parts or equipment furnished in connection with such work or operations.
The general liability additional insured coverage must be provided in the form of an
endorsement(s) to the Consultant's insurance using ISO CG 2010 and CG 20370r its
equivalent. Specifically, the endorsement must not exclude Products/Completed
Operations coverage.
b. Primary Insurance. 'Ine Consultant's General Liability insurance coverage must be
primary insurance as it pertains to the City, its officers, officials, employees, agents,
and volunteers. Any insurance or self-insurance maintained by the City, its officers,
officials, employees, or volunteers is wholly separate from the insurance of the
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Consultant and in no way relieves the Consultant from its responsibility to provide
insurance.
c. Cancellation. The insurance policies required by this Agreement shall not be canceled
by either party, except after thirty days' prior ,vritten notice to the City. The words
"will endeavor" and "but failure to mail such notice shall impose no obligation or
liability of any kind upon the company, its agents, or representatives" shall be deleted
from all certificates.
d. Active Negligence. Coverage shall not extend to any indemnity coverage for the
active negligence of the additional insureds in any case where an agreement to
indemnify the additional insured would be invalid under Subdivision (b) of Section
2782 of the Civil Code.
e. Waiver of Subrogation. Consultant's insurer will provide a Waiver of Subrogation in
favor of the City for each required policy providing coverage for the term required by
this Agreement, with exception of Professional Liability.
6. Claims Forms. If General Liability, pollution and/or Asbestos Pollution Liability and/or
Errors & Omissions coverage are written on a claims-made form:
a. Retro Date. The "Retro Date" must'be shown, and must be before tbe date of the
Agreement or the beginning of the work required by the Agreement.
b. lvlaintenance and Evidence. Insurance must be maintained and evidence of insurance
must be provided for at least three years after completion of the work required by the
Agreement.
c. Cancellation. If coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a "Retro Date" prior to the effective date of the
Agreement, tbe Consultant must purchase "extended reporting" coverage for a
minimum of three years after completion of the work required by the Agreement.
7. Acceotabilitv of Insurers. Insurance is to be placed with licensed insurers admitted to
transact business in the State of California with a current A.M. Best's rating of no less
than A-V. If insurance is placed with a surplus lines insurer, insurer must be listed on
the State of California List of Eligible Surplus Lines Insurers ("LESLI") with a current
A.M. Best's rating of no less than A-X. Exception may be made for the State
Compensation Fund when not specifically rated.
8. Verification of Coverage. Consultant shall furnish the City with original certificates and
amendatory endorsements effecting coverage required by Section LC. of this Agreement.
The endorsements should be on insurance industry forms, provided those endorsements
or policies conform to the requirements of this Agreement. All certificates and
endorsements are to be received and approved by the City before work commences. The
City reserves the right to require, at any time, copies of all relevant required insurance
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policy provisions, including endorsements evidencing the coverage required by these
specifications.
9. Subcontractors. Consultant must include all subconsultants as insureds undcr its policies
or furnish separatc certificates and endorsements for each subconsultant. All coverage for
subconsultants is subject to all of the requirements included in these specifications.
10. Not a Limitation of Othcr Obligations. Insurance provisions under this Article shall not
be construed to limit the Consultant's obligations undcr this Agreement, including
Indemnity.
D. Security for Performance
1. Performance Bond. In the event that Exhibit A, at Paragraph] 8, indicatcs the nccd for
Consultant to provide a Performance Bond (indicated by a check mark in the
parenthetical space immediately preceding the subparagraph entitled "Performance
Bond"), then Consultant shall provide to the City a performance bond, in the amount
indicated at Exhibit A, Paragraph 18, in the form prescribed by the City and by such
sureties which are authorized to transact such business in the State of California, listed as
approved by the United States Department of Treasury Circular 570,
http://www.fms.treas.gov/c570, and whose underwriting limitation is sufficient to issue
bonds in the amount required by the Agreement, and which also satisfy the requirements
stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise
by laws or regulations. All bonds signed by an agent must be accompanied by a certified
copy of such agent's authority to act. Surety companies must be duly licensed or
authorized in the jurisdiction in which the Project is located to issue bonds for the limits
so required. Form must be satisfactory to the Risk Manager or City.
2. Letter of Credit. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical
space immediately preceding the subparagraph entitled "Letter of Credit"), then
Consultant shall provide to the City an irrevocable letter of credit callable by the City at
its unfettered discretion by submitting to the bank a letter, signed by the City Manager,
stating that the Consultant is in breach of the terms of this Agreement. The letter of
credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk
Manager or City Attorney which amount is indicated in the space adjacent to the term,
"Letter of Credit," in Exhibit A, Paragraph 18.
3. Other Securitv. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide security other than a Performance Bond or a Letter of Credit
(indicated by a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Other Security"), then Consultant shall provide to the City such
other security therein listed in a form and amount satisfactory to the Risk Manager or
City Attorney.
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E. Business License. Consultant agrees to obtain a business license from the City and to
otherwise comply with Title 5 of the Chula Vista Municipal Code.
ARTICLE II. CITY OBLIGA TIONS
A. Consultation and Cooperation. City shall regularly consult the Consultant for the purpose
of reviewing the progress of the Defined Services and Schedule, and to provide direction and
guidance to achieve the objectives of this Agreement. The City shall allow Consultant access
to its office facilities, files and records, as deemed necessary and appropriate by the City,
throughout the term of this Agreement. In addition, City agrees to provide the materials
identified at Exhibit A, Paragraph 9, with the understanding that delay in the provision of
those materials beyond thirty days after authorization to proceed, shall constitute a basis for
the justifiable delay in the Consultant's performance.
B. Compensation.
I. Following Receipt of Billing. Upon receipt of a properly prepared bill from Consultant,
submitted to the City as indicated in Exhibit A, Paragraph 17, but in no event more
frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 17,
City shall compensate Consultant for all services rendered by Consultant according to the
terms and conditions set forth in Exhibit A, Paragraph 10, adjacent to the governing
compensation relationship indicated by a "checkmark" next to the appropriate
arrangement, subject to the requirements for retention set f011h in Paragraph 18 of
Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in
Exhibit A, Paragraph II.
2. Supporting Information. Any billing submitted by Consultant shall contain sufficient
information as to the propriety of the billing, including properly executed payrolls, time
records, invoices, contracts, or vouchers describing in detail the nature of the charges to
the Project in order to permit the City to evaluate that the amount due and payable is
proper, and such billing shall specifically contain the City's account number indicated on
Exhibit A, Paragraph 17(C) to be charged upon making such payment.
3. Exclusions. In determining the amount of the compensation City will exclude any cost:
I) incurred prior to the effective date of this Agreement; or 2) arising out of or related to
the errors, omissions, negligence or acts of willful misconduct of the Consultant, its
agents, employees, or subcontractors.
a. Errors and Omissions. In the event that the City Administrator determines that
the Consultant's negligence, errors, or omissions in the performance of work
under this Agreement has resulted in expense to City greater than would have
resulted if there were no such negligence, errors, omissions, Consultant shall
reimburse City for any additional expenses incurred by the City. Nothing in this
paragraph is intended to limit City's rights under other provisions of this
Agreement.
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4. Payment Not Final Approval. The Consultant understands and agrees that payment to the
Consultant for any Project cost does not constitute a City final decision about whether
that cost is allowable and eligible for payment under the Project and does not constitute a
waiver of any violation of Consultant of the terms of the Agreement. The Consultant
acknowledges that City will not make a final determination about the eligibility of any
cost until the final paymcnt has becn made on the Project or the results of an audit of the
Project requested by the City has been completed, whichever occurs latest. If City
determines that the Consultant is not entitled to receive any portion of the compensation
due or paid, City will notifY the Consultant in writing, stating its reasons. The Consultant
agrees that Project closeout will not alter the Consultant's responsibility to return any
funds duc City as a result of later refunds, corrections, or other similar transactions; nor
will Project closeout alter the right of City to disallow costs and recover funds provided
for the Project on the basis of a later audit or other review.
a. Consultant's Obligatton to Pay. Upon notification to the Consultant that specific
amounts arc owed to City, whether for excess payments or disallowed costs, the
Consultant agrees to remit to City promptly the amounts owed, including applicable
interest.
ARTICLE HI. ETHICS
A. Financial Interests of Consultant
I. Consultant is Dcsignated as an FPPC Filer. If Consultant is designated on Exhibit A,
Paragraph 14, as an "FPPC filer," Consultant is deemed to be a "Consultant" for the
purposcs of the Political Reform Act conflict of interest and disclosure provisions, and
shall report economic interests to the City Clerk on the required Statement of Economic
Interests in such reporting categories as are specified in Paragraph 14 of Exhibit A, or if
none are specified, then as determined by the City Attorney.
2. No Participation in Decision. Regardless of whether Consultant is designated as an FPPC
Filer, Consultant shall not make, or participate in making or in any way attempt to use
Consultant's position to influence a governmental decision in which Consultant knows or
has reason to know Consultant has a financial interest other than the compensation
promised by this Agreement.
3. Search to Determine Economic Interests. Regardless of whether Consultant is designated
as an FPPC Filer, Consultant warrants and represents that Consultant has diligently
conducted a search and inventory of Consultant's economic interests, as the term is used
in the regulations promulgated by the Fair Political Practices Commission, and has
determined that Consultant docs not, to the best of Consultant's knowledge, have an
economic intereg( which would conflict with Consultant's duties under this Agreement.
4. Promise Not to Acquire Conflictin~ Interests. Regardless of whether Consultant is
designated as an FPPC Filer, Consultant further warrants and represents that Consultant
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will not acquire, obtain, or assume an economic interest during the term of this
Agreement which would cunstitute a contlict of interest as prohibited by the Fair Political
Practices Act.
5. Duty to Advise of Conflicting Tnterests. Regardless of whether Consultant is designated
as an FPPC Filer, Consultant further warrants and represents that Consultant will
immediately advise the City Attorney if Consultant learns of an economic interest of
Consultant's that may result in a contliet of interest for the purpose of the Fair Political
Practices Act, and regulations promulgated thereunder.
6. Soecific Warranties Against Economic Interests. Consultant warrants, represents and
agrees that:
a. Neither Consultant, nor Consultant's immediate family members, nor Consultant's
employees or agents ("Consultant Associates") presently have any interest, directly or
indirectly, whatsoever in any property which may be the subject matter of the Defined
Services, or in any property within 2 radial miles from the exterior boundaries of any
property which maybe the subject matter of the Defined Services, ("Prohibited
Interest"), other than as listed in Exhibit A, Paragraph 14.
b. No promise of future employment, remuneration, consideration, gratuity or other
reward or gain has been made to Consultant or Consultant Associates in connection
with Consultant's performance of this Agreement. Consultant promises to advise City
of any such promise that may be made during the Term of this Agreement, or for
twelve months thereafter.
c. Consultant Associates shall not acquire any such Prohibited Interest within the Term
of this Agreement, or for twelve months after the expiration of this Agreement,
except with the written permission of City.
d. Consultant may not conduct or solicit any business for any party to this Agreement,
or for any third party that may be in connict with Consultant's responsibilities under
this Agreement, except with the written permission of City.
IV. LIQUIDATED DAMAGES
A. Application of Section. The provisions of this section apply if a Liquidated Damages Rate
is provided in Exhibit A, Paragraph 13.
I. Estimating Damages. It is acknowledged hy both parties that time is of the essence in the
completion of this Agreement. It is difficult to estimate the anaount of damages resulting
from delay in performance. The parties have used their judgment to arrive at a reasonable
amount to compensate for delay.
2. Amount of Penalty. Failure to complete the Defined Services within the allotted time
period specified in this Agreement shall result in the following penalty: For each
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consecutive calendar day in excess of the time specified for .the completion of the
rcspective work assignment or Deliverable, the Consultant shall pay to the City, or have
withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A,
Paragraph 13 ("Liquidated Damages Ratc").
3. Request for Extension of Time. If the performance of any act rcquired of Consultant is
directly prevented or delayed by reason of strikes, lockouts, labor disputes, tmusual
governmental delays, acts of God, fire, floods, epidemics. freight embargoes, or other
causes beyond the reasonable control of the Consultant, as determined by the City,
Consultant shall be excused from performing that act for the period of time equal to the
period of time of the prevention or delay. In the event Consultant claims the existence of
such a delay, the Consultant shall notify the City's Contract Administrator, or designee, in
writing of that fact within ten calendar days after the beginning of any such claimed
delay. Extensions oftime will not be granted for delays to minor portions of work unless
it can be shown that such delays did or will delay the progress of the work.
ARTICLE V. INDEMNIFICATION
A. Defense, Indemnity, and Hold Harmless.
1. General Requirement. Except for liability for Design Professional Services covered
under Article V., Section A.2., Consultant shall defend, indemnify, protect and hold
harmless the City, its elected and appointed officers, agents and employees, from and
against any and all claims, demands, causes of action, costs, expenses, liability, loss,
damage or injury, in law or equity. to property or persons, including wrongful death, in
any manner arising out of or incident to any alleged acts. omissions, negligence, or
willful misconduct of Consultant, its officials, officers, employees, agents, and
contractors, arising out of or in connection with the performance of the Dcfined Services
or this Agreemcnt. This indemnity provision does not include any claims, damages,
liability, costs and expenses (including without limitations, attorneys fees) arising from
the sole negligence, active negligence or willful misconduct of the City, its officers,
employees. Also covcrcd is liability arising from, connected with, causcd by or c1aimcd
to be caused by the active or passive negligent acts or omissions of the City, its agents,
officers, or employces which may be in combination with the active or passive negligent
acts or omissions of the Consultant, its employees, agcnts or officers, or any third party.
2. Design Professional Services. If Consultant provides design professional serviccs, as
defined by California Civil Code section 2782.5, as may be amended from time to time,
Consultant shall defend, indemnify and hold the City, its officials, officers, employces,
volunteers, and agents free and harmless from any and all claims, demands, causes of
action, costs, expenses, liability, loss, damage or injury, in law or cquity, to propcrty or
persons, including wrongful death, in any manner arising out of, pertaining to, or relating
to the negligence, recklessness, or willful misconduct of Consultant, its officials, officers,
employces, agents, consultants, and contractors arising out of or in connection with the
performance of Consultant's services. Consultant's duty to defend, indemnify, and hold
harmless shall not include any claims or liabilities arising [rom the sole negligence, active
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negligence or willful misconduct of the City, its agents, officers or employees, This
section in no way alters, affects or modifies thc Consultant's obligations and dutics under
this Agreement.
I. Costs of Defense and Award. Included in the obligations in Sections A.I and A.2, above,
is the Consultant's obligation to defend, at Consultant's own cost, expense and risk, any
and all suits, actions or other legal proceedings, that may be brought or institutcd against
the' City, its directors, officials, officers, employees, agents and/or volunteers, subject to
the limitations in Sections AI. and A.2. Consultant shall pay and satisfy any judgment,
award or decree that may be rendered against City or its directors, officials, officers,
employees, agents and/or volunteers, for any and all related legal expenses and costs
incurred by each ofthcm, subject to the limitations in Sections AI. and A2:
4. Insurance Procccds. Consultant's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the City, its directors, officials, officers,
employees, agents, and/or volunteers.
5. Declarations. Consultant's obligations under Article V shaD not be limited by any prior
or subsequent declaration by the Consultant.
6. Enforcement Costs. Consultant agrees to pay any and all costs City incurs enforcing the
indemnity and defense provisions set forth in Article V.
7, Survival. Consultant's obligations under Article V shall survive the termination of this
Agreement.
ARTICLE VI. TERMINATION OF AGREEMENT
A. Termination for Cause. If, through any cause, Consultant shall fail to fulfill in a timely and
proper manner Consultant's obligations under this Agreement, or if Consultant shall violate
any of the covenants, agreements or stipulations of this Agreement, City shall have the right
to terminate this Agreement by giving written notice to Consultant of such termination and
specifying the effective date thereof at least five (5) days before the effective date of such
tennination. In that event, all finished or unfinished documents, data, studies, surveys,
drawings, maps, reports and other materials prepared by Consultant shall, at the option of the
City, become the property of the City, and Consultant shall be entitled to receive just and
equitable compensation, in an amount not to exceed that payable under this Agreement and
less any damages caused City by Consultant's breach. for any work satisfactorily completed
on such documents and other materials up to the effective date of Notice of Termination,.
B. Termination of Agrccment for Convenience of City. City may terminate this Agreement
at any time and for any rcason, by giving specific written notice to Consultant of such
termination and specifying the effective date thereof, at least thirty (30) days before the
effective date of such termination. In that event, all finished and unfinished documents and
other materials described hereinabove shall, at the option ofthc City, become City's sole and
exclusive property. If the Agreement is terminated by City as provided in this paragraph,
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>.. .._~ ".__...-...._.....-.~
Consultant shall be entitled to receive just and equitable compensation, in an amount not to
exceed that payable under this Agreement, for any satisfactory work completed on such
documents and other materials prior to the effective date of such termination. Consultant
hereby expressly waives any and all claims for damages or compensation arising under this
Agreement except as set forth in this section.
ARTICLE VII. RECORD RETENTION AND ACCESS
A. Record Retention. During the course of the Project and for three (3) years following
completion, the Consultant agrees and to maintain, intact and readily accessible, all data,
documents, reports, records, contracts, and supporting materials relating to the Project as City
may require.
B. Access to Records of Consnltant and Snbcontractors. The Consultant agrees to permit,
and require its subcontractors to permit City or its authorized representatives, upon request,
to inspect all Project work, materials, payrolls, and other data, and to audit the books,
records, and accounts of the Contractor aod its subcontractors pertaining to the Project.
C. Project Closeout. The Consultant agrees that Project closeout does not alter the reporting
and record retention requirements of this Agreement.
ARTICLE VIII. PROJECT COMPLETION, AUDIT, AND CLOSEOUT
A. Project Completion. Within ninety (90) calendar days following Project completion or
termination by City, Consultant agrees to submit a final certification of Project expenses and
audit reports, as applicable.
B. Audit of Consultants. Consultant agrees to perform financial and compliance audits the
City may require. The Consultant also agrees to obtain any other audits required by City.
Consultant agrees that Project closeout will not alter Consultant's audit responsibilities. Audit
costs are allowable Project costs.
C. Project Closeout. Project closeout occurs when City notifies the Consultant that City has
closed the Project, and either forwards the final payment or acknowledges that the Consultant
has remitted the proper refund. The Consultant agrees that Project closeout by City docs not
invalidate any continuing requirements imposed by the Agreement or any urunet
requirements set forth in a written notification from City
ARTICLE IX. MISCELLANEOUS PROVISIONS
A. Assignability. The services of Consultant are personal to the City, and Consultant shall not
assign any interest in this Agreement, and shall not transfer any interest in the same (whether
by assignment or notation), without prior written consent of City.
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1. Limited Consent. City hereby consents to the assignment of the portions of the Defined
Services identified in Exhibit A, Paragraph 16 to the subconsultants identified as
"Permitted Subconsultants".
B. Ownership, Publication, Reproduction and Use of Material. All reports, studies,
information, data, statistics, forms, designs, plans, procedures, systems and any other
materials or properties produced under this Agreement shall be the sole and exclusive
property of City. No such materials or properties produced in whole or in part under this
Agreement shall be subject to private use, copyrights or patent rights by Consultant in the
United Stales or in any other country without the express written consent or City. City shall
have unrestricted authority to publish, disclose (except as may be limited by the provisions of
the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in
part. any such reports, studies, data, statistics, forms or other materials or properties produced
under this Agreement.
C. Independent Contractor. City is interested only in the results obtained and Consultant shall
perform as an independent contractor with sole control of the manner and means of
performing the services required under this AgreemenL City maintains the right only to
reject or accept Consultant's work products. Consultant and any of the Consultant's agents,
employees or representatives are, for all purposes under this Agreement, independent
contractors and shall not be deemed to be employees of City, and none of them shall be
entitled to any benefits to which City employees arc entitled including but not limited to,
overtime, retirement benefits, worker's compensation benefits, injury leave or other leave
benefits. Therefore, City will not withhold state or federal income tax, social security tax or
any other paYToll tax, and Consultant shall be solely responsible for the payment of same and
shall hold tbe City harmless with regard to them.
I. Actions on Behalf of City. Except as City may specifY in writing, Consultant shall have
no authority, express or implied, to act on behalf of City in any capacity whatsoever, as
an agent or otherwise. Consultant shall have no authority, express or implied, to bind
City or its members, agents, or employees, to any obligation whatsoever, unless expressly
provided in this Agreement.
2. No Obligations to Third Parties. In connection with the Project, Consultant agrees and
shall require that it's agents, employees, subcontractors agree that City shall not be
responsible for any obligations or liabilities to any third party, including its agents,
employees, subcontractors, Or other person or entity that is not a party to this Agreement.
Notwithstanding that City may have concurred in or approved any solicitation,
subagreement, or third party contract at any tier, City shall have no obligation or liability
to any person or entity not a party to this Agreement.
D. Administrative Claims Requirements and Procedures. No suit or arbitration shall be
brought arising out of this Agreement, against City unless a claim has first been presented in
writing and filed with City and acted upon by City in accordance with the procedures set
forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be
amended, the provisions of which arc incorporated by this reference as if fully set forth
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herein, and such policies and procedures used by City in the implementation of same. Upon
request by City, Consultant shall meet and confer in good faith with City for thc purpose of
reso lving any dispute over the terms of this Agreement.
E. Administration of Contract. Each party designates the individuals ("Contract
Administrators") indicated on Exhibit A, Paragraph 12, as that party's contract administrator
who is authorized by the party to represent it in the routine administration of this Agreement.
F. Term. This Agreement shall terminate when the panics have complied with all executory
provisions hereof.
G. Attorney's Fees. Should a dispute arising out of this Agreement result in litigation, it is
agreed that the prevailing party shall be entitled to a judgment against the other for an
amount egual to reasonable attorneys' fees and court costs incurred. The "prevailing party"
shall be deemed to be the party who is awarded substantially the relief sought.
H. Statement of Costs. In the event that Consultant prepares a report or document, or
participates in the preparation of a report or document in performing the Defined Services,
Consultant shall include, or cause the inclusion of, in the report or document, a statement of
the numbers and cost in dollar amounts of all contracts and subcontracts rclating to the
preparation of the report or document.
I. Consultant is Real Estate Broker and/or Salesman. If the box on Exhibit A, Paragraph 15
is marked, the Consultant and/or is principals is/are licensed with the State of California or
some other state as a real estate broker or salesperson. Otherwise, Consultant represents that
neither Consultant, nor its principals are licensed real estate brokers or salespersons.
J. Notices. All notices, demands or requests provided for or permitted to be given pursuant to
this Agreement must be in writing. All notices, demands and requests to be sent to any party
shall he deemed to have been properly given or served if personally served or deposited in
the United States mail, addressed to such party, postage prepaid, registered or certified, with
return receipt requested, at the addresses identified in this Agreement as the places of
business for each of the designated parties.
K. Integration. This Agreement, together with any other written document referred to or
contemplated in it, embody the entire Agreement and understanding between the parties
relating to the subject matler hereof. Neither this Agreement nor any provision of it may be
amended, modified, waived or discharged except by an instrument in writing executed by the
party against which enforcement of such amendment, waiver or discharge is sought.
L. Capacity of Parties. Eaeh signatory and party to this Agreement warrants and represents to
the other party that it has legal authority and capacity and direction from its principal to enter
into this Agreement, and that all necessary resolutions or other actions have been taken so as
to enable it to enter into this Agreement.
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M. Governing LawNenuc. This Agreement shall be governed by and construed in accordance
with the laws of the State of California. Any action arising under or relating to this
Agreement shall be brought only in the federal or state courts located in San Diego County,
State of California, and if applicable, the City of Chula Vista, or as close thereto as possible.
Venue for this Agreement, and performance under it, shall be the City of Chula Vista.
(End of page. Next page is signature page.)
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Signature Page
to
Agreement between
City ofChula Vista and
Burns & McDonnell Engineering Co., Inc.,
To Provide Consulting Services to the City ofChula Vista in support of the development of
Local Energy Assurance Plan
IN WITNESS WHEREOF, City and Consultant have executed this Agreement,
indicating that they have read and understood same, and indicate their full and complete consent
to its terms:
City of Chula Vista
Dated:
By:
Cheryl Cox, Mayor
Attest:
Donna Norris, City Clerk
Approved as to form:
Bart Miesfeld, City Attorney
Dated:
("_ j-lv
Burns & McDonnell Engineering Co., Inc,
By:
rJ .-l- ,> '~\' , ()
~ L\ __-^--'~
Brct Pihacy
Associate Vice President
Exhibit List to Agreement (X)
Exhibit A.
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Exhibit A
to
Agreement between
City of Chula Vista
and
Burns & McDouuell Eugineering Co., Inc.
I. Effective Date of Agreement:
April 30.2010 .
2. City-Related Entity:
(x) City of Chula Vista, a municipal chartered corporation of the State of California
( ) Redevelopment Agency of the City of ChuJa Vista, a political subdivision ofthe State of
California
( ) Industrial Development Authority ofthe City of Chu la Vista, a
( ) Other:
, a [insert business form]
("City")
3. Place of Business for City:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 9]910
4. Consultant:
Burns & McDonnell Engineering Co., Inc.
5. Business Fornl of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
Bums & McDonnell Engineering Co., Inc.
9400 Ward Parkway
Kansas City, MO 64]]4
Phone: 8168237030
FAX: 8168223517
7. General Duties:
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The CONSULTANT will perform services to support the City of Chula Vista staff in developing
a Local Energy Assurance Plan (LEAP) to meet the requirements of the rccently reccived ARRA
Grant for' that purpose. The work provided will include infrastructure assessment, the
development of conceptual plans for improvements required to harden the energy utility
infrastructure and provide alternative energy sources in the event of interruptions. Advisury
support will also be provided to assist the City with the coordination of the LEAP efforts with
extcrnal entities such as CEC, neighboring cities and emergency service organizations.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
The CONSULTANT will perform the following detailed services in conjunction with the City of
Chula Vista staff to support the City's development of a LEAP plan:
1. Participate with the Chula Vista staff to develop an inventory of critical facilities, identify
critical facility functions, and prioritize the criticality of the facilities
2. For the facilities identified above
a. Identify the cnergy sources for the required operations
b. Calculate the energy demand for the required operations
c. Identify no-cost and low-cost alternatives to reduce energy demand for the
facilities
i. Estimate energy demand reduction for options identified in c.
d. ldentify demand reduction options to be implemented
i. Estimate energy demand reduction
3. In conjunction with the Chula Vista staff develop an inventory of stationary and
permanent back-up cnergy systems
a. Location
b. Capacity
c. Condition
4. Compare the capacity available from back-up units to the requirements of the facilities.
a. Identify options available to eliminate the deficiency in capacity
i. Costs
ii. Benefits
Hi. Potential renewable sources
iv. Emissions impact
5. In conjunction with the City of Chula Vista staff provide technical information to support
the development a strategic investment plan to implement the infrastructure
improvements
6. Provide support to the City of Chula Vista staff to review fuel storage capacttles,
monitoring sensors and uninterruptable power sources for fuel delivery for the portfolio
of back-up energy technologies in service.
7. As determined during the earlier portions of the study assess the feasibility of the
following:
a. A local renewable energy center
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b. Creating a microgrid(s) within Chula Vista
c. Modeling a set of technologically and economically feasible energy system
designs that integrate DO and/or CHP
8. Provide technical information in the form of charts graphs and descriptive text to support
the city's formulation of the LEAP plan document.
B. Date for Commencement of Consultant Services:
(X ) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No. I: September 30, 2010
Deliverable No.2: October 30, 2010
Deliverable No.3: December 31, 2010
Deliverable No.4: March 3 1,2011
DeliverableNo. 5: March 3 1,2011
Deliverable No.6: December 31, 2011
D. Date for completion of all Consultant services: December 31, 20 I I
9. Materials Required to be Supplied by City to Consultant:
None.
] O. Compensation:
A. ( ) Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant as herein required, City shall
pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set
forth below:
Single Fixed Fee Amount: payable as follows:
Milestone or Event or Deliverable
Amount or Percent of Fixed Fee
( ) 1. Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder shall be considered as interest
free loans that must be returned to the City if the Phase is not satisfactorily
completed. If the Phase is satisfactorily completed, the City shall receive credit
against the compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at the end of
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the phase, the full retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in the sole and
unfettered diseretion by the Contraets Administrator designated herein by the City, or
such other person as the City Manager shall designate, but only upon such proof
demanded by the City that has been provided, but in no event shall such interim
advance payment be made unless the Contractor shall have represented in writing that
said percentage of completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert this agreement to
a time and materials basis of payment.
B. (X) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Delined Services by Consultant as are
sepamtcly identified below, City'shall pay the fixed fee associated with each phase of Services,
in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not
commence Services under any Phase, and shall not be entitled to the compensation for a Phase,
unless City shall have issued a notice to proceed to Consultant as to said Phasc.
Phase
1.
Kick-off mtg, site survcy & analysis (Scopc
items 1,2 & 6)
Emergency generator evaluation (Scope items
3 & 4)
Coordination with agencies
Feasibility Assessment (Scope item 7 a,b,c)
Capital Investment Plan
Support for Investment plan & Preparation of
LEAP Report (Scope items 5 & 8)
2.
3.
4.
5.
6.
Fcc for Said Phase
$50,000
$25,000
$10,000
$30,000
$15,000
$ 23,998
( X ) 1. Interim Monthly Advarrces. The City shall make interim monthly
advances against the compensation due for each phase on a percentage of completion
basis for each given phase such that, at the end of each phase only the compensation
for that phase has been paid. Any payments made hereunder shall be considered as
interest free loans that must be returned to the City if the Phase is not satisfactorily
completed. If the Phase is satisfactorily completed, the City shall receive credit
against the compensation due for that phase. The retention amount or percentage set
forth in Paragraph 18 is to be applied to each interim payment such that, at the end of
the phase, the full retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the City, or
such other person as the City Manager shall designate, but only upon such proof
demanded by the City that has been provided, but in no event shall such interim
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advance payment be made unless the Contractor shall have represented in writing that
said percentage of completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert this agreement to
a time and materials basis of payment.
c. ( ) Hourly Rate Arrangement
For performance of the Defined Services by Consultant as herein required, City shall pay
Consultant for the productive hours of time spent by Consultant in the performance of said
Services, at the rates or amounts set forth in the Rate Schedule herein below according to the
following terms and conditions:
(1) ( ) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant oftime and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant will perform all of
the Defined Services herein required of Consultant for $
including all Materials, and other "reimbursables" ("Maximum Compensation").
(2) ( ) Limitation without Further Authorization on Time and Materials Arrangement
At such time as Consultant shall have incurred time and materials equal to
$ (" Authorization Limit"), Consultant shall not be entitled
to any additional compensation without further authorization issued in writing and
approved by the City. Nothing herein shall preclude Consultant from providing additional
Services at Consultant's own cost and expense. See Exhibit B for wage rates.
( )Hourly rates may increase by 6% for services rendered after [month], 20_, if delay
in providing services is caused by City.
II. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance of services
herein required, City shall pay Consultant at the rates or amounts set forth below:
(X) None, the compensation includes all costs.
Cost or Rate
$
$
$
$
$
$
$
$
() Reports, not to exceed $
() Copies, not to exceed $
() Travel, not to exceed $
() Printing, not to exceed $
() Postage, not to exceed $
() Delivery, not to exceed $
() Outside Services:
() Other Actual Identifiable Direct Costs:
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, not to exceed $
, not to exceed $
$
$
12. Contract Administrators:
City:
Craig Ruiz
City ofChula Visla276 Fourth Avenue
Chula Vista, CA 91910
Phone: 619-691-5248Fax: 619-585-5698
Consultant:
Duane DeRaad
Burns & McDonnell Engineering Co., Inc.
9400 Ward Pari, "Way
Kansas City, MO 64114
Phone: 8168237030
FAX: 816822 3517
13. Liquidated Damages Rate:
( ) $
( ) Other:
per day.
14. Statement of Economic Interests, Consultant Reporting Categories, per Conflict ofInterest
Code (Chula Vista Municipal Code chapter 2.02):
( X ) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
( ) Category No.1. Investments, sources of income and business interests.
( ) Category No.2. Interests in real property.
( ) Category No.3. Investments, business positions, interests in real property, and
sources of income subject to the regulatory, permit or licensing authority of the
department administering this Agreement.
( ) Category No.4. Investments and business positions in business entities and sources of
income that engage in land development, construction or the acquisition or sale of
real property.
( ) Category No.5. Investments and business positions in business entities and sources
of income that, within the past two years, have contracted with the City of Chula
Vista or the City's Redevelopment Agency to provide services, supplies, materials,
machinery or equipment.
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( ) Category No.6. Investments and business positions in business entities and sources of
income that, within the past two years, have contracted with the department
administering this Agreement to provide services, supplies, materials, machinery or
equipment.
( ) List "Consultant Associates" interests in real property within 2 radial miles of Project
Property, ifany:
15. ( ) Consultant is Real Estate Broker and/or Salesman
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16. Permitted Subconsultants:
Douglas R. Newman
Larisa Dobrianski
17. Bill Processing:
A. Consultant's Billing to be submitted for the following period of timc:
(X) Monthly
( ) Quarterly
( ) Other;
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
(X) End of the Month
( ) Other;
C. City's Account Number: _ 27461-6301
18. Security for Performance N/A
( ) Performance Bond, $
( ) Lettcr of Credit, $
( ) Other Security:
Type:
Amount: $
( ) Retention. If this space is checked, then notwithstanding other provisions to the contrary
requiring the payment of compensation to the Consultant sooncr, the City shall be entitled
to rctain, at their option, either the following "Retention Percentage" or "Retention
Amount" until the City determines that the Retention Release Event, listed below, has
occurred;
( ) Retention Percentage:
( ) Retention Amount: $
%
Retention Release Event:
( ) Completion of All Consultant Services
( ) Other:
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