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HomeMy WebLinkAbout25B - AGREEMENT CALIFORNIA GREEN BUILDING CODE REQUEST FOR A COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JANUARY 17, 2012 TITLE: APPROVED ? As Recommended AGREEMENT FOR CALIFORNIA GREEN ? As Amended BUILDING CODE AND LEADERSHIP IN El Ordinance on 1S` Reading ? Ordinance on 2"d Reading ENERGY AND ENVIRONMENTAL DESIGN ? Implementing Resolution (LEED) TRAINING (GRANT FUNDED) ? Set Public Hearing For CONTINUED TO l 7 FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute an agreement with GreenStep Education subject to nonsubstantive changes approved by the City Manager and City Attorney for California Green Building Code and Leadership in Energy and Environmental Design training services in an amount not to exceed $55,180 to be paid for with grant funding, and authorize the City Manager to execute an amendment to extend said agreement should the grant period be extended. DISCUSSION The California Public Utilities Commission (CPUC) has made Local Government Strategic Plan funding available to those cities with an energy efficiency partnership with Southern California Edison (SCE). The purpose of the grant is to advance the goals found in the CPUC's Long-Term Energy Efficiency Strategic Plan. Santa Ana was awarded one of the strategic plan grants in 2011. As part of the grant, the City will receive funding to conduct California Green Building Code (CALGreen) and Leadership in Energy and Environmental Design (LEED) Certification training. Classes will be offered to staff, Council members, commission and committee members and are designed to augment participants' knowledge and background when working with architects and builders in reviewing plans and to encourage increased green building. The CALGreen standard became law as of January 1, 2011, and includes voluntary and mandatory measures for building in California. LEED standards are not mandatory, however, the building industry is becoming more familiar with LEED and its benefits to occupants and tenant. In addition, it is the nationally accepted protocol for the design, construction, and operation of high- performance green buildings. 25B-1 Agreement for CALGreen and LEED Training January 17, 2012 Page 2 There are two certificates under the LEED designation: the Green Associate (GA) and the Accredited Professional (AP). The LEED GA credential is intended for professionals who want to demonstrate green building expertise in nontechnical fields of practice. LEED GA denotes basic knowledge of green design, construction, and operation. The LEED AP credential signifies an advanced depth of knowledge in green building practices including on-site experience. The proposed training will include both certificates. To perform the training, professional services are required. To find a qualified training company, a Request for Proposals was issued on November 1, 2011. Below is a summary of the proposals solicited, and those received: 5 Requests for Proposals mailed 0 Requests for Proposals mailed to Santa Ana vendors 5 proposals received 0 proposals received from Santa Ana vendors The consultants were evaluated according to their experience, past performance, responsiveness, and cost. The proposals by the five companies were reviewed by a team from the Public Works Agency, Planning and Building Agency, and the City's Energy and Sustainability Contractor. The ratings for the five proposals were as follows: NAME OF RESPONSIVE BIDDER RATING GreenSte Education 91 Triple Green Education 87 Everblue 75 Professor H un'oo Kim 72 Krout and Associates 71 The two best qualified companies were interviewed by the team. GreenStep Education is the lower cost proposer and received the highest average score of 91. BIDDER COST GreenSte Education $50,180 Triple Green Education $91,982 i The staff recommends that GreenStep Education be retained for these services. GreenStep Education has conducted more than 250 classes, and over 90 percent of its students have passed the LEED AP test. Staff is also recommending the addition of a $5,000 contingency. 25B-2 Agreement for CALGreen and LEED Training January 17, 2012 Page 3 To serve the maximum number of attendees, classes will be conducted on a quarterly schedule beginning in February 2012, and will be completed by October 15, 2012 to coincide with grant deadlines. However, it is anticipated that the CPUC will extend the grant period for an additional year. Should that occur, this agreement may be extended to coincide with the revised grant ending date. FISCAL IMPACT Funds for the training will initially be expended from the Public Works Administration activity for Contract Services - Professional Accounts (accounting unit 10117601-62300). Costs will be reimbursed to the City by SCE, the entity responsible for managing the grant. APPROVED AS TO FUNDS AND ACCOUNTS: Raul Godinez II Francisco Gutierrez Executive Director Executive Director` Public Works Agency Finance & Management Services Agency RG/CK Exhibit: 1. Agreement 25B-3 25B-4 AGREEMENT FOR PROVISION OF SERVICES THIS AGREEMENT, made and entered into this 17th day of January, 2012 by and between Green Step Education, a sole proprietorship (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of California Green Building Code and Leadership in Energy and Environmental Design (LEED) certification training. B. Consultant represents that he is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide California Green Building and LEED certification training to City staff and representatives, as set forth in Exhibit A, attached hereto and incorporated by this reference. Said training will occur in a classroom setting with participants designated by City. 2. REPRESENTATIVES For purposes of implementing this Agreement, the representative of City shall be the Executive Director of the Public Works Agency, or his designated representative, and the representative of the Consultant shall be the President or his designated representative. Except as may be otherwise stated herein, such representatives shall have the authority to act on behalf of their respective parties in carrying out the terms of this Agreement. 3. DELIVERY OF WORK PRODUCT - OWNERSHIP Consultant warrants and represents that it has the absolute right to enter into and perform this Agreement and will perform its obligations hereunder in accordance with standards and practices prevailing in the industry. Consultant's contribution to the Project, including works to be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or party. Consultant shall deliver to City any work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's information systems, as agreed between the Project Manager and Consultant. Exhibit 1 1 25B-5 4. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B, attached hereto. The total sum to be expended under this Agreement shall not exceed $55,180.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 5. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2012, unless terminated earlier in accordance with Section 14, below. The term of this agreement may be extended on the written approval of the Executive Director of Public Works and the City Attorney. 6. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to g g property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. 2 25B-6 c. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. d. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligence, recklessness or willful misconduct of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the negligence, recklessness or willful misconduct of Consultant arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 9. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by 3 25B-7 operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 10. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 11. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 facsimile (714) 647-6956 With courtesy copies to: Executive Director of the Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 facsimile (714) 647-5069 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 facsimile (714) 647-6515 To Consultant: Alexander Spilger Green Step Education 47 Willow Avenue Fairfax, California 94930-1217 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 4 25B-8 12. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 13. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 14. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. However, any use of unfinished work product shall be at City's sole risk. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 16. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. 5 25B-9 This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 17. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 18. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. CITY OF SANTA ANA ATTEST: MARIA D. HUIZAR PAUL M. WALTERS Clerk of the Council Interim City Manager APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney By: Laura Sheedy Assistant City Attorney GREEN STEP EDUCATION RECOMMENDED FOR APPROVAL: 6 25B-10 RAUL GODINEZ, II ALEXANDER SPILGER Executive Director President Public Works Agency 7 25B-11 25B-12 EXHIBIT A SCOPE OF WORK CALIFORNIA GREEN BUILDING CODE AND LEED CERTIFICATION TRAINING The City of Santa Ana would like to provide a higher level of internal expertise of energy efficient design and knowledge of green buildings. To achieve this, CALGreen and LEED classes will be offered quarterly during the year of 2012 with the last class conducted prior to October 15, 2012. Each class is from 7 to 8 hours and will include interactive activities and lecture pertaining to knowledge of CALGreen, LEED GA, or LEED AP building techniques. The program is available to city staff, legislative and advisory bodies, and other governmental stakeholders. Course material will be presented in PowerPoint and through reference materials, along with group interaction and presentations from the instructor. The classes will be conducted by one instructor, Alex Spilger. Mr. Spilger is the President and Founder of GreenStep Education which specializes in Green Building training. GreenStep will provide the materials which consist of participant workbook, interactive learning activities based on real LEED projects, and a glossary of key green building definitions to be printed by the City. It is expected that LEED certification training classes will be offered to a minimum of 100 people and California Green Building Code training to a minimum of 50 people. Classes include LEED Accredited Professional (AP), LEED Green Associate (GA) and CALGreen, will be offered four times during the year depending on the number of attendees scheduled to take the classes. Classes will be held if there are 20 to 40 people scheduled to attend. It is anticipated that 2 Review classes will be offered to people who plan to take the LEED GA / AP test. California Green Building Code Classes The CALGreen classes will be custom-developed for the City of Santa Ana. The classes are designed for city staff, legislative and advisory bodies, and other governmental stakeholders to increase understanding of CALGreen Codes with respect to implementation of both mandatory and voluntary measures. Workshops will cover the residential and non-residential sections of the CalGreen Code and will include information for both the plan check and field-inspection components. This workshop will be further customized by the City. I LEED Green Associate Classes This workshop is intended for anyone who wants a basic understanding of LEED - including those with a stake in their community's building practices, those directly involved in green building projects, and those pursuing the LEED GA credential. The classes provide essential knowledge of sustainable building concepts that are fundamental to all LEED Rating Systems. It begins with a brief background on the U.S. Green Building Council and LEED, including basics of the building certification process. The workshops present LEED requirements and exam concepts at each credit category level - across building types and rating systems. Key LEED metrics and LEED referenced standards are addressed throughout the workshop. This workshop is designed to prepare participants for the LEED GA exam. 1 25B-13 LEED Accredited Professional Classes The classes will provide an in depth overview and fundamental preparation for the LEED AP exam. The workshops introduce the credit categories, key elements, main requirements, and reference standards of the Green Building Design and Construction (BD+C) LEED rating systems. Workshop participants will gain a solid understanding of the core concepts and strategies of the following LEED rating systems: New Construction & Major Renovations (NC); Core & Shell (CS); and Schools - supporting successful green construction projects. It is appropriate for individuals who are seeking a deeper understanding of the BD+C rating systems, whether they are pursuing LEED AP BD+C credential or simply need to apply the rating system in their job. This workshop is designed to prepare participants for the LEED AP exam. Review Classes The Review classes will be offered depending on the number of attendees that will take the LEED GA or LEED AP exams. The classes will review the information and materials provided in the appropriate LEED class. Special instruction will be focused in this class to assist participants in passing the test. City Responsibilities: The following items will be provided by the City of Santa Ana. 1. Sign up for registration and coordination of class attendees 2. Coordination of schedule of classes throughout the year 3. Adequate classroom and instruction environment 4. AudioNisual equipment for power point presentation 5. Organizer/staff member to assist with workshop check in and registration Trainer Responsibilities: The following items will be provided by the Trainer: 1. GreenStep workshop content and delivery for LEED courses 2. GreenStep workshop content and delivery for CALGreen courses 3. Workbook and study materials for all courses 4. Print-outs of Trainer-provided workbook materials based on number of registered attendants 5. Print-outs of Trainer-provided Certificates of Completion for each class based on actual attendance The Trainer will assist with SCE's Assessment and Planning report for California Green Building Code and LEED certification training. In addition, the Trainer will assist in recommending appropriate changes in the City's policies, procedures and building practices. 2 25B-14 EXHIBIT B PRICING SHEET Per Number Student of Contract Includes: Cost Classes Total CALGreen 25 students $108.00 2 $5,400.00 40 students $108.00 2 $8,640.00 LEED GA 25 students $111.00 3 $8,325.00 40 students $111.00 1 $4,440.00 LEED AP 25 students $111.25 4 $11,125.00 Review Course 25 students 1 $2,750.00 40 students 1 $4,400.00 Total class costs: $45,080.00 Hourly consulting rate: $155.00 20 hours $3,100.00 Travel expenses: $500.00 4 trips $2,000.00 Per trip (3 consecutive days of teaching) Contingency $5,000.00 Total Contract Amount $55,180.00 25B-15 i 25B-16