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2006/05/23 City Council Resolution (7)RESOLUTION NO. 2006-136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING AN AGREEMENT WITH KEMA GREEN BUILDING SERVICES GROUP FOR ADDITIONAL GREEN BUILDING CONSULTING SERVICES FOR THE RENOVATION OF A NEW CITY HALL BUILDING LOCATED AT 130 AVRAM AVENUE WHEREAS, Council approved an agreement with KEMA Green Building Consulting Services on June 28, 2005 through Resolution No. 2005 »205; WHEREAS, additional work is needed to meet the requirements necessary for the City to achieve an official LEER Mold or Platinum certification from the U.S. Green Building Council and to perform commissioning tasks. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve an agreement by and between KEMA Green Building Consulting Services and the City of Rohnert Park, a municipal corporation, for additional green building services in an amount not to exceed $70,740. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute the Agreement in substantially similar form to the attached agreement for and on behalf of the City of Rohnert Park, and is also authorized to approve cumulative contract amendments up to ten percent (10 %) of the value of the original contract. DULY AND REGULARLY ADOPTED this 23rd day of May, 2006. CITY OF Mayor ATTEST: 6 Clerk 'r- LIFORNIp BREEZE: AYE FLORES: AYE MACKENZIE: AYE VIIDAK- MARTINEZ: AYE SMITH: AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0) AGREENIENT FOR SERVICES This Agreement is made and entered into on this date, 2006, by and between the City of Rohnert Park, hereinafter referred tows the "City," and KEMA, Inc., hereinafter referred to as the "Consultant. " WHEREAS, the City requires additional green building consulting services for the renovation of an existing building for Rohnert Park Administrative Offices and construction of a new Council Chambers; and WHEREAS, the Consultant is qualified and experienced to provide such services. NOW, THEREFORE; said City and said Consultant for the considerations hereinafter set forth, mutually agree as follows: 1. SCOPE OF WORK. Consultant shall perform those services described as Tasks in the Scope of Work and Schedule of Performa_nc_e attached as Exhibit "A" within the time frames stated therein. 2. COORDINATION. Consultant shall assign Amy Rider, to personally participate in said project and to coordinate the activities of the Consultant. COMPENSATION- A- City shall pay Consultant as compensation in full for such services and expenses at the rates set forth in the Standard Hourly Rates and Charges attached as Exhibit "B," the total sum not to exceed seventy thousand, seven hundred forty dollars ($70,740.00). Progress payments will be tied to completion of tasks so all payments are proportional to the work completed. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. B. Consultant shall submit itemized monthly statements for work performed. City shall make any payment .due within thirty (30) days after approval of the invoice by City. Payment will be made for the approved amount of the invoice minus ten (10) percent. The ten (10) percent retained by City will be held until 30 days after final completion and acceptance of the contract work. C. Payments due and payable to Consultant for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of the City.. In the event the City has not appropriated sufficient funds for payment of Consultant services beyond the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of the current fiscal year; payment for additional work is conditional upon future City appropriation. 4. TERM. The term of this Agreement shall be from the date of its execution until the completion of the work contemplated by this Agreement and its final acceptance by City unless Terminated earlier as provided herein. 843801A 80078/0012 lH- s:os -g 5. NOTICES. All notices, bills, and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills and payments sent by mail should be addressed as follows: TO CITY: Engineering Department City of Rolurert Park 6,750 Commerce Blvd, Robnert Park, CA 94928 TO CONSULTANT: Amy Rider KEMA Inc - 8276 Old Redwood Ilgwy. Cotati, CA 94931 and when so addressed, shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices, bills and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices, bills and payments are to be given by giving notice pursuant to this Paragraph. 6. AMENDMENT O_F_SCOPE OF WORK. City shall have the right to amend the Scope of Work within the Agreement by written notification to the Consultant. In such event, the compensation and time of performance shall be subject to renegotiation upon written demand of either party to the Agreement. Failure of the Consultant to secure City's written authorization for extra or changed work shall constitute a waiver of any and all right to adjustment in the contract price or time due, whether by way of compensation, restitution, quantum meant, etc. for work done without the appropriate City authorization. 7. CITY'S RIGHT TO TERMINATE /SUSPEND CONTRACT. At any time and for any or no reason, City shall have the right to terminate this Agreement, take possession of the Consultant's work, e.g., studies, preliminary drawings, computations, specifications, etc., insofar as they are complete and acceptable to the City, and pay the Consultant such equitable proportion of the total remuneration as the work satisfactorily done by the Consultant at the time of such discontinuance bears to the whole of the work required to be done by the Consultant tinder the terms of this Agreement. 8. CORRECTION OF WORK. The performance of services or acceptance of information furnished by Consultant shall not relieve the Consultant from obligation to correct any defective, inaccurate or incomplete work subsequently discovered and.all such work shall be remedied by the Consultant on demand without cost to the City. 9. DELAYS AND EXTENSIONS. The Consultant will be granted time extensions for delays beyond the Consultant's control. Time extensions will be equal to the length of the delay or as otherwise agreed upon between the Consultant and the City. In such event, compensation as set forth in the Scope of Work shall be subject to renegotiation upon written demand of either party to the Agreement. 10. RECORDS OF PERFORMANCE. Consultant shall maintain any Iedgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law make these records available for inspection, audit, and copying by the City. All data, documents, discussions, or other information developed or received by or for Consultant in performance of this Agreement are confidential and not be disclosed to any person except. as authorized by City or as required by law. 843801v4 80078/0012 i11- s =05 -€ 11. SUBCONTRACTING. None of the services covered by this contract shall be _ subcontracted without the prior written consent of the City. In accordance with Government Code Section 7550, Consultant agrees to state in - a separate section of any filed report the numbers and dollars amounts of all contracts and subcontracts relating to preparation of the report. 12. ASSIGNMENT. The Agreement shall not be assigned by the Consultant in whole or in part, without the written consent of the City. 13. INDEMNIFICATION. To the full extent permitted by law, Consultant shall rm mdeiify, hold harmless, release and defend City, its officers, employees and agents from and against any and all actions, claims, demands, damages, disability, losses, expenses including attorney's fees and other defense costs and liabilities of any nature that may be asserted by any person or entity including Consultant, in whole or in part, arising out of Consultant's activities hereunder, including the activities of other persons employed or utilized by Consultant in the performance of this Agreement (including design defects and regardless of City's approval, use or acceptance of the work or work product hereunder) excepting liabilities due to the sole negligence or willful misconduct of City. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable by or for Consultant under Worker's Compensation, disability or other employee benefit acts or the terms, applicability or limitations of any insurance held or provided by Consultant and shall continue to bind the parties after termination/completion of this Agreement. 14. INSURANCE. Without Iimiting consultant's indemnification provided herein, Consultant shall comply with the requirements set forth in Exhibit C to this Agreement. 15. STANDARD OF CARE. City relies upon the professional ability of Consultant as a material inducement to entering into this Agreement. Consultant agrees to use reasonable care and diligence in its profession in rendering services under this Agreement. Consultant agrees that the acceptance of his work by City shall not operate as a waiver or release of said obligation of Consultant. The absence, omission, or failure to include in this Agreement, items which are normally considered to be a part of generally accepted professional procedure or which involve professional judgment shall not be used as a basis for submission of inadequate work or incomplete performance_ 16. LITIGATION SUPPORT. Consultant agrees to testify at City's request if litigation is brought against City in connection with Consultant's report. 'Unless the action is brought by Consultant or is based upon Consultant's negligence, City will compensate Consultant for the preparation and testimony at Consultant's standard hourly rates, if requested by City and not part of the litigation brought by City against Consultant. . 17. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any. fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability, or, in its discretion to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 843801A 80078/0012 )33- S:OS -g 18. CONFLICT OF INTEREST. Consultant (including principals, associates, and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this contract or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. 19. STATEMENT OF ECONOMIC INTEREST. If City determines Consultant comes within the definition of Consultant under the Political Reform Act (Government Code §87100), Consultant shall complete and file and shall require any other person doing work under this Agreement to complete and file a "Statement of Economic Interest" with the Clerk of the City of Rohnert Park disclosing Consultant and /or such other person's financial interests. 20. MERGER. This Agreement shall constitute the entire Agreement between the parties and shall supersede any previous agreements, whether verbal or written, concerning the same subject matter. No modification of this Agreement shall be effective unless and until evidence by a writing is signed by both parties. 21. DEFAULT. If Consultant should fail to perform any of his obligations hereunder, within the time and in the manner herein provided or otherwise violate any of the terms of this Agreement, City may terminate this Agreement by giving Consultant written notice of such termination, stating the reason for such termination. In such event, Consultant shall be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred hereunder, an amount which.bears the same ratio to the total fees specified in the agreement as the services satisfactorily rendered hereunder by Consultant bear to the total services otherwise required to be performed for such total fee; provided, however, that the City shall deduct from such amount the amount of damage, if any, sustained by City by virtue of the breach of the Agreement by Consultant. 22. NO WAIVER OF BREACH: TIME. The waiver by City of any breach of any term or promise contained in this Agreement shall not be deemed to be a waiver of such term or provision or any subsequent breach of the same or any other. term or promise contained in this Agreement. Time is of the essence in carrying out the duties hereunder. 23. THIRD PARTY BENEFICIARIES. Nothing contained in this Agreement shall be construed to create and the parties do not intend to create any rights in third parties. 24. ATTORNEY FEES APPLICABLE LAW AND FORUM. In the event either party brings an action or proceeding for damages arising out of the other's performance under this Agreement or to establish the right or remedy of either party, the prevailing party shall be entitled to recover reasonable attorney fees and costs as part of such action or proceeding, whether or not such action or proceeding is prosecuted to judgment. This Agreement shall be construed and interpreted according to California law, and any action to enforce the terms of this Agreement or for the breach thereof shall be brought and tried in the County of Sonoma. 25. INDEPENDENT CONTRACTOR. The parties intend that Consultant, in performing the services specified herein, shall act as an independent contractor and shall have control of the work and the manner in which it is performed. Consultant is not to be considered an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides its employees. In the event City exercises its right to terminate this Agreement, Consultant expressly agrees that he /she shall have no recourse nor right of appeal under rules, regulations, ordinances or laws applicable to employees- 843801A 80078/0012 JH- S:OS -g 26. TAXES. Consultant agrees to file tax returns and pay all applicable taxes on amounts paid pursuant to this Agreement and shall be solely liable and responsible to pay such taxes and other obligations, including, but not limited to, state and federal income and FICA taxes. Consultant agrees to indemnify and hold the City harniless from any liability which it may incur to the United States for to the State of California as a consequence of Consultant's failure to pay; when due, all such taxes and obligations. 27. EMPLOYMENT PRACTICES. Consultant shall not discriminate in its performance under the Agreement either directly or indirectly on the grounds of race, color, religion, sex,. age, national origin, or other prohibited grounds in its employment practices, and shall take affirmative steps to ensure that, applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age, national origin, or other prohibited grounds. 28. COMPLIANCE WITH LAW_ Consultant shall comply with all applicable federal, state and local laws, Mules and regulations affecting the Consultant and his /her work hereunder. Consultant represents and warrants to City that Consultant has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice Consultant's profession and to do the work hereunder. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice his /her profession and do the work contemplated by this Agreement. 29. TITLE TO DOCUMENTS. Title to all plans, specifications, maps, estimates, reports, manuscripts, drawings, descriptions and other final work products compiled by the Consultant under the Agreement shall be vested in the City, none of which shall be used in any manner whatsoever, by any person, firm, corporation, or agency without the expressed written consent of the City. Basic survey notes and sketches, charts, computations, and other data prepared or obtained under the Agreement shall be made available, upon request, to the City without restriction or limitations on their use. Consultant may retain copies of the above - described information but agrees not to disclose or discuss any information gathered, discussed or generated in any way through this Agreement without the written pernrassion of City during the term of this Agreement or until ninety (90) days after receipt of fmaI payment from City. 30. INTERPRETATION. Notwithstanding the fact that one or more provisions of this Agreement may have been drafted by one of the parties to this.Agreement, such provisions shall be interpreted as though they were a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party, was solely or primarily responsible for drafting the language to be interpreted. 31. EXECUTION _ This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it.shall not be necessary to produce or account for more than one such counterpart. 5 843801A 80078/0012 JH- S:05-g 32. AUTHORITY. Each individual executing this Agreement on behalf of one of the parties represents that be or she is duly authorized to sign and deliver the Agreement on behalf of such party and that this Agreement is binding on such party in accordance with its terms. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF ROHNERT PARK: By: _ / Name: (Date) Title: Per Resolution No. 2006 - adopted by the City Council on ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CONSULTANT: By: Name: Title: By: Name Title: (Date) (Date) 6 8438010 80078/0012 JH- S:05 -g EXHIBIT "All 11 SCOPE OF WORK SCHEDULE OF PERFORMANCE 843801A 80078/0012 3H- S:05 -g EXHIBIT "A" Av- 4 J 8276 Old Redwood Highway Cotati, CA 94931 TEL 701- 792 -3330 FAX 707 - 665 - 04422 > Proposed Coordination of LEEDO Documentation, Commissioning for Rohnert Park City Hall KEMA proposes to coordinate work on the application for LEED certification for the City Hall building at 130 Avram Avenue in Rohnert Park, California. Our proposed role is to provide advice to the City and its team, prepare the LEED application, review all LEED documentation prepared by the architect; mechanical /electrical engineers and contractor; submit the LEED application and coordinate the response to requests for additional information. Because certification depends on the actions of many different team members which we do not supervise, we cannot guarantee that the project will achieve certification or meet the stated goal of LEED Gold. However, it is our clear objective to provide straightforward advice on how to meet the requirements necessary to achieve an official LEED Gold certification from the U.S. Green Building Council. The proposed scope for Commissioning includes all - necessary written and oral reports and documentation to support the LEED -NC 2.2 prerequisite for Fundamental Commissioning and the related credit, Enhanced Commissioning. By selecting KEMA to perform these commissioning tasks, the City will meet the specific requirements in LEED and also ensure: 1. Validation that the design meets the owners control needs for HVAC and lighting. 2. Validation that the design is likely to achieve the energy savings claimed in Ti#1e -24 calculations. 3. HVAC and lighting systems operate as intended. Systems are checked after installation and also just before the one -year builder's warranty expires. 4. The systems operation and repair manuals are thorough and complete. 5. The training for Operations and Maintenance staff is thorough and complete. The total cost of our proposed work is $70,740. This is a fixed price proposal, billed monthly as it is completed. More detail on the costs and hourly rates are provided at the end of this proposal. This fee proposal is based on the additional cost for services beyond the $15,000 agreement already in place. Page 1 of 6 May 2, 2006 K e MA— J__°'. 8276 Old Redwood Highway ° Cotati, CA 94931 • TEL 707 - 792 -3330 FAX 707- 665 -0442 Clarity of Roles Because LEED is still a new process in the industry, we include this summary of what is included in our proposed services and —just as important— common tasks that are specifically not included. What is included 1. All necessary team meetings /site visits 2. Completion of all LEED documentation agreed to in the initial team meeting 3. Preparation of the owner's LEED letters for signature zL Review of contractor submittals, as needed 5. Thorough review of all project LEED documentation from all sources 6. Commissioning specifications, reports and oversight of functional testing. 7. USGBC fees for registration and certification 8. Submittal of one copy of the LEED application to the City 9. Coordination of the response to USGBC requests for additional information Streamlined Approach What is not included 10. Design work, including drawings 11. Specification language other than sample language for section 01352 LEED Requirements and sections 01800, 01810 and 01811 Commissioning Requirements 12. ASHRAE calculations 13. USGBC fees for CIRs and review of additional innovation credits or appeals 14. Daylight modeling 15. Site supervision, verification or construction management services of any kind. We have found that the biggest challenge of using LEED is that the step -by -step instructions of what it takes to earn credits. and document them is missing. For that reason, we have created a tool that identifies every piece of paper needed, what goes on it, who should do -the work, and when it is due. We make ourselves available to answer questions and assist, when needed_ Then, as paperwork is completed, we review it for completeness, accuracy and proper format. Once approved by KEMA, it goes into the LEED application binder and is recorded on the tracking form. The current status of the project, each credit and every task required within each credit is clearly shown on the LEED Action List. A standard LEED scorecard is included on the front page for an at -a- glance summary of the project as well. LEED Action List Information on the LEED Action List is enough for team members to plan their work and complete some of the documentation without further assistance. For complex credits and questions of interpreting the LEED system, KEMA staff are readily available by phone, email and to attend local meetings. Use of this streamlined approach allows us to keep our costs down because we rarely find it necessary to attend more than five meetings throughout the project. Rohnert Park City Hall Page 2 of 6 May 2, 2006 €. AA 4' 8216 Old Redwood Highway - Coiati, CA 94931 - TEL 707 -792_ -3330 FAX 707 - 665 -0442 Scope of Work Documentation KEMA will begin documenting LEED credits right away. The first step in this process is to establish the standard values for building size, site size, numbers of occupants, etc as well as to get the project team registered with the LEED - Online website. Once this has been completed, we will create draft LEED letters for signature as well as the supplemental documentation for each of the credits defined as KEMA's responsibility in the LEED Action List. LEED letters for the Owner's signature (and other team members) will be available via LEED- Online throughout design and construction. Supplemental LEED documentation will be variously requested from the design team or provided by KEMA throughout design and construction, depending on the type of documentation. Updated LEED scorecards and task lists will be provided at LEED meetings and upon request. KEMA will maintain a list of action items needed to achieve certification, and will track the status of these tasks as they are completed. With the help of the City's Project Manager, KEMA will identify the responsible parties for each item on the LEED Action List and set a deadline for completion_ This list will be provided to the City within one week following each team meeting and will be provided upon request at other times. The City is responsible for ensuring that tasks on this list are completed. KEMA will remind team members to complete outstanding work, but it is the City's job to ensure that team members follow through. Credit Interpretation Requests (CIRs) will be written by KEMA for items that are general in nature or fall within our area of expertise.. The USGBC fees for filing any CIRs will be paid by the City or one of its other contractors. For more technical CIRs, KEMA will assist the design team with language, but they will be primarily written by the appropriate technical expert. LEED documentation produced by the architect, mechanical /electrical engineer and contractor will be reviewed for completeness, accuracy and proper formatting. We will respond to LEED documentation submittals with one of two options: - Approved for use in LEED application - Revise and resubmit per comments KEMA will compile the completed and reviewed documentation into a three -ring binder. The binder will comply with the formatting requirements of the U.S. Green Building Council (e.g., tabs for each credit pursued). One copy will be supplied to The City in a format that allows for duplication. Submittal to the USGBC will be made electronically. KEMA will coordinate a response to any requests for additional information by the U.S. Green Building Council. The owner, design team and contractor will also be involved in this response by providing needed documentation, additional drawings, photos or written descriptions. Rohnert Park City Hall Page 3 of 6 May 2, 2006 8276 Old Redwood Highway Cotati, CA 94931 TEL 707 -792 -3330 FAX 707 -665 -0442. Commissioning Provide commissioning documents and services as required by LEED for New Construction version 2.2 to meet the Fundamental Commissioning prerequisite and the Enhanced Commissioning credit for the achievement of LEED Certification. These items include the following: Design Phase: a) Document the Owner's requirements with respect to temperature control, ventilation for fresh air, lighting levels and control, and energy efficiency. This includes documenting differences in requirements between various space and user types. b) Focused design review prior to construction documents. A short report will be issued to document this review for the LEED submittal. c) Focused design review during the development of construction documents. A short report will provided to document this review for the LEED submittal. d) Mechanical system "Basis of Design" that records the owner's requirements for comfort, control and maintenance of the energy consuming systems. KEMA will update the basis of design once during design development and once during construction document development. KEMA will verify that the basis of design is met by the proposed system design and that the proposed system meets the Owner's requirements. KEMA will track any significant changes that occur to. the basis of design as the design progresses. e) Provide commissioning specification sections 01800, 01810 and 01811 and required specification language for any irrigation controllers and mechanical and electrical divisions. f) Provide a complete Commissioning Plan within four weeks of the Contractor's notice to proceed that includes the following items: overview of the commissioning process during design and construction; list of all equipment and systems to be commissioned; identification of primary commissioning participants, their responsibilities, and the communication and reporting protocols tat this time, we anticipate KEMA will coordinate with the Owner, the mechanical engineer, the construction manager, the general contractor and relevant subcontractors); detailed outline of commissioning activities including submittal review, verification of correct equipment, observation of start-up and testing, verification of proper training of maintenance staff by the equipment installers, verification that complete O &M manuals are provided to the owner by the general contractor, warranty period interviews, equipment testing and a short report describing any problems; listing of anticipated written work products; estimated calendar of activities; description of extent and scope of testing. Rohnert Park City Hal Page 4 of 6 May 2, 2006 r _ J 11 --,, 8276 Old Redwood Highway • Cotati, CA 94931 • TEL 707 -792 -3330 - FAX 707- 665 -0442 Construction Phase: g) Review contractor submittals relative to the systems being commissioned for compliance with design intent. h) Implement the Commissioning Plan and provide a complete Verification Report documenting observations and field measurements. i) Review and approve operation and maintenance manuals for completeness. j) Approve training content and assist with classes as necessary to ensure that LEE© requirements are met. Individuals responsible for maintaining the facility are expected to attend these trainings. Post Occupancy Phase: k) Provide forms for re- commissioning building systems that list the expected ranges for operating parameters. 1) Provide a Final. Commissioning Report that includes the Commissioning Plan, results of each sampled testing /verification procedure, evaluation of the trainings, tests that are still -to-be conducted (such as seasonal tests), and any unresolved commissioning issues. Include a signed letter of certification confirming the plan has been successfully implemented and the design intent is met. m) Return to the site prior to the end of systems warranty period (usually about 11 months after turnover) and review the O &M practices with the facility staff to resolve any outstanding operational issues. Systems to be commissioned 1. All HVAC equipment, piping, ductwork and controls 2. Interior and exterior lighting controls and occupancy and /or motion sensors 3. Irrigation controls 4. Building Automation System (BAS) 5. Rainwater catchment system 6. Solar photovoltaic array Rohnert Park City Hall Page 5 of 6 May 2, 2006 0 t 8276. Old Redwood Highway • Cotati, CA 94931 - TEL 707 -792 -3330 > FAX 707- 665 -0442 Excluded from Scope Since LEED commissioning is still a fairly new process, we include this section to help clarify what elements of the project we are specifically not including in our scope. In broad terms, our proposed scope is limited to work required by LEED towards meeting the requirements for the prerequisite, Fundamental Commissioning, and the LEED credit, Enhanced Commissioning. Work that is not included in the Commissioning task includes: - IAQ testing, verification of materials (e.g., recycled content) - Hands -on testing or repair of equipment or controls. Note that the commissioning authority is responsible for documenting that the proper tests are performed by the installers and that any transgressions or needed repairs are reported to the owner. - ASHRAE 55 & 62 calculations in defense of LEED credits. Proof of thermal comfort and correct airflow calculations should be performed by the mechanical engineer- - Mechanical or electrical system drawings or design work. The commissioning authority does not design systems or directly make changes to the engineer's drawings - Commissioning of the building envelope; security, or fire suppression systems. Cost Consulting Labor P. Gang $102/hr A. Rider $130 /hr 'G. Syphers 1 $170 /hr Cost by Task hours dollars hours I dollars hours I dollars Project management 0 $0 16 $2,080 0 $0 $2,080 Goal setting and charrette 10 $1,020 12 $1,560 6 $1,020 $3,600 30 hours On -call design assistance 15 $1,530 15 $1,950 0 $0 $3,480 LEED Documentation 200 $20,400 100 $13,000 16 $2,720 $36,120 LEED Submittal Assembly 20 $2,040 8 $1,040 2 $340 $3,420 Defend submittal and coordinate response 20 $2,040 8 $1,040 4 $680 $3,760 LEED Commissioning 20 $2,040 180 $23,400 30 $5,100 $30,540 Subtotal for all labor 285 $29,070 339 $44,070 58 $9,860 $83,000 Exnenses (cost plus 10 %1 LEED Registration Fee $495 LEED Submittal Fee $1,925 Binders, copies, tabs $220 Travel auto milea e, tolls, postage) $100 Subtotal for all expenses $2,740 Total Services $85,740 Less Design Assistance Existing Contract $15,000 Total Services $70,740 Rohnert Park City Hall Page 6 of 6 May 2, 2006 EXHIBIT "B" COMPENSATION RATES AND CHARGES s 843801A 8007810022 1H- S:05 -g MIBIT "B" f 8276 Old Redwood Highway • Cotati, CA 94931 - TEL 707 - 792 -3330 - FAX 707 -665 -0442 Rates & Invoicing Invoices will be issued monthly work completed_ Car gavel will be billed at $0.405 per mile. Tolls and parking will be billed at cost. Other material needs such as binders and copies will be billed at cost plus 10W The following hourly rates will be used: Geof Syphers, Director_. .... -- ........ ............... $170 Amy Rider, LEED Consultant... ................. ... —$130 Pete Gang; Architectural Consultant ................$102 (subcontractor) If needed, additional staff will be billed at the following rates: Elizabeth Durney, Consultant ........ ................... $115 Erik Dyrr, Senior Engineer ---------- ............ ..........$140 The terms of this proposal are valid if executed by May 31, 2006. Rohnert Park City Hall Page 1 of 1 May 2, 2006 EXHIBIT "C" INSURANCE REQUIREMENTS 9 843801v4 80078/0012 J11- S:05 -g EXHIBIT C INSURANCE REQUIREMENTS FOR CONTRACTORS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA. 0001 (Ed. 1/87) covering Automobile Liability, code I (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance Contractor shall maintain limits no less than: I . General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. Deductibles and Self- Insured Retentions Any deductibles or self - insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance, or as a separate owner's policy. Insurance Requirements in Contracts J-49: Revised 7 /00 Per REMIF Binder, Chapter Five, Exhibit 5 to 843801A 80078/0012 )H- S:05 -g 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance of self - insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given the City. 4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. Waiver of SubroPation The workers' compensation policy is to be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured for the City. NOTE: You cannot be added as an additional insured on a worker's comp policv. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VIE Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements affecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. Insurance Requirements in Contracts 3 -50 Revised 7/00 Per REMIF Binder, Chapter Five. Exhibit 5 11 843801v4 80078/0012 711 - 5:05 -g CERTIFICATE OF CONSULTANT I HEREBY CERTIFY that l am the and a duly authorized representative of the firm of whose address is _ and that neither I nor the above fu7n I here represent has: a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit to secure this Agreement. b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the Agreement; or C) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution; donation, or consideration of any kind for, or in connection with; procuring or carrying out the Agreement; Except as here expressly stated (if any); I acknowledge that this certificate is subject to applicable State and Federal laws, both criminal and civil. Date agr\Consult. Signature 12 843801A 80078/0012 Jx- s:05-g