HomeMy WebLinkAbout05.C - City Manager DOC ID: 1535
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Charles McNeely M/CC Meeting Date: 01/23/2012
Prepared by: Heidi Aten, (909) 384-5122
Dept: City Manager Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Approving the
Continuation of the Professional Services Agreement by and Between the City of San
Bernardino and AECOM Technical Services, Inc., to Complete the City's Sustainability Master
Plan.
Financial Impact:
The total grant amount is $1,954,600,which includes$250,000 allocated grant to hire AECOM
Technical Services, Inc.,to create an EECS and SMP. Of the $250,000 allocated, $43,124
remains to complete the SMP.The amount of grant funding available is sufficient to fund the
anticipated costs related to the completion of the SMP. There are no matching funds required by
the City. There is no impact to the General Fund.
Balance after approval of this item: «Inert Amount»
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred, but not yet processed.
Motion: Adopt Resolution.
Synopsis of Previous Council Action:
November 5, 2009 - Mayor and Common Council authorized the execution of a contract with
AECOM for the development of an Energy Efficiency & Conservation Strategy and
Sustainability Master Plan funded through the EECBG Program.
Background:
On February 17, 2009, President Barack Obama signed into law the American Recovery and
Reinvestment Act (ARRA) of 2009. One of the programs receiving funding from ARRA is the
Energy Efficiency& Conservation Block Grant(EECBG)Program. The EECBG provides grants
to U.S. local governments, states,territories,and Indian tribes to fund projects that reduce energy
use and fossil fuel emissions and improve energy efficiency. The City of San Bernardino
received a direct allocation of $1,954,000 from the Department of Energy. Jurisdictions
receiving over $250,000 are required to develop an Energy Efficiency & Conservation Strategy
(EECS) and a plan for achieving goals and objectives developed in the EECS, a Sustainability
Master Plan (SMP).
Updated: 1/19/2012 by Mayra Ochiqui
1535
The City of San Bernardino utilized$250,000 of allocated grant funds to hire AECOM Technical
Services, Inc., to create an EECS and SMP. The City entered into the Professional Services
Agreement from November 2, 2009 through November 1, 2011. During this time, City staff has
worked with the AECOM consulting team to develop the EECS and programs/projects that meet
guidelines of the EECBG Program.
At this time, the City desires to continue retroactively the Professional Services Agreement with
AECOM through November 1, 2012, to complete the SMP. The SMP, also known as a Climate
Action Plan, will include both a municipal and community-wide plan. A critical component
needed to complete the City's plan is the data being collected for the regional greenhouse gas
(GHG) inventory and Climate Action Plan. The completion of the regional inventory and
Climate Action Plan has been postponed until February 2012 to align with SCAG transportation
modeling, an important input to estimate the GHG emissions resulting from transport activities.
Once the regional plans are in place,the City's SMP can be finalized.
Sunoortine Documents:
AECOM Contract Resolution(DOCX)
AECOM Professional Services Agreement (DOCX)
Exhibit B AECOM Letter (PDF)
Exhibit C AECOM Budget (PDF)
Updated: 1/19/2012 by Mayra Ochiqui
RESOLUTION NO.
1
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING A PROFESSIONAL SERVICES AGREEMENT
3 BY AND BETWEEN THE CITY OF SAN BERNARDINO AND AECOM
TECHNICAL SERVICES, INC., TO COMPLETE THE CITY'S SUSTAINABILITY
4 MASTER PLAN.
E
E
5 d
6 WHEREAS, on February 17, 2009, President Barack Obama signed into law the a
m
m
v
7 American Recovery and Reinvestment Act(ARRA)of 2009; and
d
w
8 WHEREAS, one of the programs receiving funding from ARRA is the Energy
9
Efficiency & Conservation Block Grant (EECBG) Program to fund projects that reduce v
10 °
energy use and fossil fuel emissions and improve energy efficiency; and a
11 0
12 WHEREAS,the EECBG Program received $3.2 billion in nationwide funding, and of
13 that,the City of San Bernardino received a direct allocation of$1,954,000; and N
14 WHEREAS, the City of San Bernardino utilized $250,000 of the allocated funds to R
15 °-
hire AECOM Technical Services, Inc., to create the Energy Efficiency & Conservation 2
16 z
Strategy and Sustainability Master Plan, and of the funding allocated, $43,124 remains to
17 2
18 complete the Sustainability Master Plan; and m
m
19 WHEREAS, the City of San Bernardino entered into the Professional Services W
E
20 Agreement with AECOM from November 2,2009,through November 1,2011; and c
0
21 WHEREAS, the City of San Bernardino desires to continue the terms of this 2
22 "'
Agreement until November 1,2012,to complete the Sustainability Master Plan. a
23
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON E
r
24 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
25 a
SECTION 1. The City Manager of the City of City San Bernardino is hereby
26
27 authorized and directed to execute on behalf of the City, a Professional Services Agreement
28 by and between the City of San Bernardino and AECOM Technical Services,Inc. A copy of
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1 SAN BERNARDINO APPROVING A PROFESSIONAL SERVICES AGREEMENT
2 BY AND BETWEEN THE CITY OF SAN BERNARDINO AND AECOM
TECHNICAL SERVICES, INC., TO COMPLETE THE CITY'S SUSTAINABILITY
3 MASTER PLAN.
4
w
5 the Professional Services Agreement is attached as Exhibit "A" and incorporated herein by m
d
a
6 reference. a
w
m
7 SECTION 2. The authorization to execute the above referenced Agreement is
d
8 �i
rescinded if it is not executed by both parties within ninety (90) days of the passage of this
9 w Resolution.
10
11 0
12 a
13
14
15 N
16
17 0
18 o
v
19
20 ///
0
U
21 0
22
23
24
A
25
26
27
28
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1 SAN BERNARDINO APPROVING A PROFESSIONAL SERVICES AGREEMENT
2 BY AND BETWEEN THE CITY OF SAN BERNARDINO AND AECOM
TECHNICAL SERVICES, INC., TO COMPLETE THE CITY'S SUSTAINABILITY
3 MASTER PLAN.
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 0
Common Council of the City of San Bernardino at a meeting
ffi
6 a
w
thereof, held on the day of 2012,by the following vote,to wit: m
7
it
d
8 Council Members: AYES NAYS ABSTAIN ABSENT
m
C
9 MARQUEZ °
N
w
10 JENKINS 2
11 �
BRINKER 0
U
12 a
13 SHORETT
M
N
14 KELLEY —
N
15 JOHNSON o
N
16 MCCAMMACK
17 `o
18 y
Rachel G. Clark, CMC,City Clerk
ir
19
R
20 The foregoing resolution is hereby approved this day of 2012. e
U
21 0
22 W
Q
23 Patrick J. Morris, Mayor
City of San Bernardino E
24
Approved as to form:
25 JAMES F. PENMAN, a
26 City Attorney
27 By:
28
PROFESSIONAL SERVICES AGREEMENT
1 This Agreement, is art...d into this 23 day of January, 2012, by and between
2 AECOM Technical Services, Inc. ("CONSULTANT") and the City of San Bernardino
c
3
("CITY" or "San Bernardino"). E
d
4 m
5 WITNESSETH: m
v
6 WHEREAS, the Mayor and Common Council have determined that it is to
7 "
atl va fits genus and In the best interest of the City of Jan Bernardino to engage a professional 2
8
O
b
N
consultant to complete the Sustainabillty Master Plan; and w
0
9 a`
10 WHEREAS, it has been determined that CONSULTANT is the moat qualified to 0
U
W
11 perform said services and that CONSULTANT warrants that they are qualified and will a
N
M
12 perform the work In a timely fashion. .`...
13 NOW, THEREFORE, the parties hereto agree as follows:
0
14
7. Soo,. of $.r.io...
15
C
16 For the remuneration stipulated, Jan Bernardino hereby engages the E
O N
d
17 CONSULTANT to provide those service$ a$ act forth in Exhibit "C", which is a
18 d
attached hereto and incorporated herein by this reference. U
it
19
2. C. .....fion and Expenses. U'
..
20
0
21 For the services of completing a Sustainabillty Master Plan, the CITY shall
`0
P2pay the CONSULTANT an amount not to emceed $43,124. `a
2
23 b. In no case shall the total cost of the services delineated above emceed W
a
24 $43,124. No other expenditures made by CONSULTANT shall be
m
25 E
reimbursed by CITY. °m
26 r
a
27
28 ///
PROFESSIONAL SERVICES AGREEMENT
1
2 3. Tar
$ Tne aervlpes sat forth In Emma °C shall be for a cerise of 10 menthe, E
E
W
4 ommanc ng on January 23, 2012 and terminating on November 1, 2012, unless previously a
5
odified, amended or cancelled by the written mutual consent of both parties. U
6 z
d
This Agreement may be terminated at any time by thirty (30) days written notice by )
7 C
O
8 either party. N
d
9 4. Irtaerninity. O
IL
f
10 CITY agrees to indemnify and hold harmless CONSULTANT, its officers, C.)
w
11 a
designated agents and volunteers from any and all claims, actions, or losses, damages and
12
/or liability resulting from CITY's negligent acts or omissions arising from the CITY's
13
c
14 performance of Its obligations under the Agreement. N
d
15 CONSULTANT agrees to indemnify and held harmless CITY, Its officers,
c
16 E
designated agents and volunteers from ,,ny and all claims, actions or losses damages m
17 a a
and/or liability resulting from CONSULTANT's negligent acts or omissions arising from W
18
the CONSULTANT's performance of Its obligations under the Agreement.
19 d
N
20 In the event CITY and/or the CONSULTANT Is found to be comparatively at fault G
m
21 for any claim, action, loss, or damage which results from their respective obligations under G
22 the Agreement, the CITY and/or CONSULTANT shall Indemnify the ocher to the extent uf O IL
23 W
its comparative fault. Q
24
i=
25 5. Ins rend.. E
r
v
x26 While not restricting nor limiting the foregoing, during the term of this Agreement, Q
27
28
p PROFESSIONAL SERVICES AGREEMENT
CONSULTANT shall maintain in effect policies of comprehensive public, general and
1
2 automobile liability insurance, In the amount of $1,000,000.00 combined single limit, and
C
3 statutory worker s coin pensatl on coverage, and shall file copies of said policies with the d
E
v
4 CITY'. Risk Manager prior to undertaking any work under this Agreement. CITY shall Ol
a
5 "
be set forth as an additional named insured in each policy of Insurance provided V
6 z
a,
hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to rn
7 c
O _o
notify CITY of any change or termination in the policy 30 days notice prior to any "
d
O
9 change or termination of policy. d
10 6. Non-Discrimination.
w
11 a
In the performance of this Agreement and In the hiring and recruitment of N
fill
12
13 employees, CONSULTANT shall not engage In, nor permit its officers, employees or
c
O
14 agents to engage in, discrimination in employment of persons because of their race, religion, "
d
15 color, national origin, ancestry, age, mental or physical disability, medical conditions,
C
16 E
arn.l status, sexual gentler or sexual orientation, or any other status protected by law. y
d
17 7. Ind.pandant Cartraeter. a
18
19 CONSULTANT shall perform work tasks provided by this Agreement, but for all d
V)
20 intent. and purposes, CONSULTANT shall be an independent contractor and not an agent O
.y
21 or e CITY. CONSULTANT secure, "
employee of the shall s , at its expense, and be responsible O
22 for any and all payment of Income Tax, Social Security, State Disability Insurance O IL
23 w
24 Compensation, Unemployment Compensation, and other payroll deductions for a
C
U
25 CONSULTANT and its ofncers, agents, and employee., and au business ncen.e., if any are E
L
U
26 n corm services required, i connection with [M1e s s [o be performed hereunder. a
27 8. Beeireal. Ra9istration Certifieatien and Other Raq..ir. manes.
28
EMEN
PROFESSIONAL SERVICES AGREEMENT
CONSULTANT warrants that it possesses or shall obtain, and maintain a busin.ss
1
2 registration certificate pursuant to Chapter 5 of the Municipal Code and any other licenses,
C
3 permits, qualifications, insurance and approval of whatever nature that are legally required d
E
d
d
4 of CONSULTANT to practice its business or profession.
5 "
9. N..ia...
6 y
Any notice to be given pursuant to this Agreement shall be deposited with the United
7 al
States S O
8 States Postal Service, postage prepaid and add...sad as follows: N
d
w
2
9 TO THE CITY: City Manager's Office a`
300 North "D" Street, 6'° Floor 0
10 San Bernardino, CA 92418 0
w
11 Telephone: (909) 384-5140 a
TO THE CONSULTANT: Claire Bonham-Carter
12 AECOM
13 515 South Flower Street, 9" Floor
Los Angeles, CA 90071 `o
14 10. A.torrt.r'. F.... a
m
15 In the event that litigation is brought by any party in connection with this
C
d
16 Agreement, the prevailing party shall be entitled to recover from the opposing party all costs N
17 a
and expenses, including reasonable attorneys fees, incurred by the prevailing party in the "
18
19 exercise of any of its rights or remedies hereunder or the enforcement of any of the terms,
J N
20 to
conditions or provisions hereof. The costs, slaty and expenses of the City Attorney and O
.y
21 members in on "
of his office enforcing this Agreement behalf of the CITY shall be w
O
22 a`
considered as attorneys fees for the purposes of this paragraph. 0
23 c W
11. A..iiiine en.. a
24
d
25 CONSULTANT shall not voluntarily or by operation of law assign, transfer, sublet E
L
u
la
26 u or encumber a or any part of the CONSULTANT'. interest in this Agreement without
/te Q
27 CITY's prior written consent. Any attempted assignment, transfer, subletting or
28
PROFESSIONAL SERVICES AGREEMENT
ncumbrance shall be void and shall constitute a brea.M1 of this Agreement and cause for the
1
2 termination of this Agreement. Regardless of CITY's consent, no subletting or assignment
shall release CONSULTANT Of CONSULTANT'. obligation to perform all other C
3 E
d
p
4 obligations to be performed by CONJU LTANT M1areuntler for the term of this Agreement Q
5 "
12. V.--.. d
d_
6 2
d
The parties hereto agree that all actions or proceedings arising in connection with N
7 "
C
State O_
8 this Agreement shall be tried and litigated either in the tate courts located in the Bounty of "
d
O
9 San Bernardino, State of California Or the U.S. District Court for the Central District of d
0
10 California, Eastern Division. The aforementioned choice of venue Is intended by the parties W
11 a
to be mandatory and not permissive in nature. N
M
12 If)
13 13. Governing Lew. P
State S
14 This Agreement shall be governed by the laws of the of California. d
d
15 14. St.e.essof, end Assigns.
is
16 E
This Agreement shall be binding oa and inure to the benefit of the parties to this W
17 a
Agreement and their respective heirs, representatives, successo s, and assigns. "
18
15. Nestling,. d
19 H
R
20 The subject headings of the sections of this Agreement are included for the purposes 2
O
N
21 "
of convenience only and shall not affect the construction or the interpretation of any of its w
d
22 a`
Provisions. f
23 W
16. Se, ability. a
24
d
25 If any provision of this Agreement is determined by a court of competent jurisdiction E
L
O
R
26 to be invalid or unenforceable far any reason, such determination shall not affect the validity Q
27
or r of the remaining terms and provisions hereof or of the offending provision
28
ME
PROFESSIONAL SERVICES AGREEMENT
in any other circumstance, and the remaining provisions of this Agreement shall remain In
1
2 full force and effect.
C
3 17. R.—.di..; Waiver.
E
d
4 All remedies available to either party for one or more breaches by the other party are Q
5
and shall be tle¢m¢tl cumulative and may be exercised separately or concurrently without
6
d
av,¢r of any other remedies. The failure of either party to act in the event of is breach of y
7
C
O
8 this Agreement by the other shall not be deemed a waiver of such breach or a waiver of y
d
0
s.
9 future breaches, unless such waiver shall be in writing and signed by the party against d
2
10 whom anf....meet is sought, W
11 a
18. Entire Ayreanaree s; Mcadifie..iOir- �
M
12 "'
13 This Agreement constitutes the entire agreement and the understanding between the
C
O
14 parties, and supersedes any prior agreements and understandings relating to the subject W
A
d
15 anner of this Agreement. This Agreement may be modified or amended only by a written
1=
d
16
instrument executed by all parties to this Agreement.
17 a
N
18
IN WITNESS THEREOF, the parties hereto have executed this Agreement oe the day and
19
n
m
20 date set forth below. C
O
.y
21
`O
22 a`
Dated: 2012
0
23 L)
W
a
24
d
25 By: EXHIBIT COPY E
Na
A
26 Title: a
27
28
SOMME
PROFESSIONAL SERVICES AGREEMENT
1
2 Dated 2012 CITY OF SAN BERNARDINO
By: EXHIBIT COPY
3 Cnariea E. McNee�y, City Manager m
E
d
4 rn
Approved as to Form: y
5 By: EXHIBIT COPY
6 James F. Penman, City Attorney v
N
7 C
O
8 N
d
0
O
g a`
10 0
W
11 a
M
12
13
0
14
d
15
16 E
a,
v
17 a
N
18
Z
19 w
m
20
0
21
O
22
23 W
a
24
d
25 E
O
A
26 a
27
28
AECOM 415 955 2800 tel
150 Chestnut Street 415]8848]5 fax
San Frandsen,CA 94111
www.aeenm.enm
November 29,2011
Charles E. McNeely
City Manager
City Managers Office
300 North"D"Street :=
m
San Bernardino, CA 92418 E
Phone: (909) 384-5122 0
w
RE: San Bernardino Energy Efficiency Consulting-San Bernardino Sustainability Master Plan m
U
Dear Mr. McNeely:
rn
m
AECOM has been engaged with the City of San Bernardino since June 2010 to complete a o
Sustainability Master Plan (also known as a Climate Action Plan)for the City.As stated in our
m
agreement for this work,the timing of the delivery of the Sustainability Master Plan depends on the ru
0
SANBAG-funded regional GHG inventory and CAP process, a project contracted with ICF a`
International. The Sustainability Master Plan will utlize the community GHG inventory produced by 2
ICF. Due to factors outside of AECOM's control, the regional GHG inventory and CAP has been 0
delayed for multiple months in order to align with SCAG transportation modeling, an important input to w
estimate the greenhouse gas emissions associated with transport activities. Because of this
N
postponement, the creation of the City of San Bernardino Sustainability Master Plan has been N
delayed beyond the original end date of our contract(November 1, 2011). We request an extension of
our contract to November 1, 2012. `m
a
ICF International estimates that they will complete work on the community GHG inventories in
February 2012. We anticipate being able to complete the creation of the Sustainability Master Plan by o
July 2012 but request an extension to November 1, 2012 to accommodate any further unanticipated ¢
and unavoidable delays. m
With assistance from City staff to update AECOM on activities that have occurred during the project r
postponement, we anticipate being able to complete the Sustainability Master Plan without additional w
funding. However,we may need to revisit our project fee if the GHG inventory is not complete in
February 2012. £
r
U
We have thoroughly enjoyed our work on this project to date and look forward to continuing to work
with the City on this important plan. Please call me with any questions you may have at ¢
415.955.2985.
Sincerely,
�_L-
Claire Bonham-Carter, LEED AP BD+C
Principal, Director of Sustainable Development
A_/�'OM./ AECOM 415 955 2800 tel
MS` 150 Chestnut Street 415 788 4875 1.
San Francisco,CA 94111
W W asatOm MM
Memorandum
To Aviana Cerezo Page 1
v
cc E
a
Sub/ea San Bernardino SMP Contract Extension-- Budget
m
Q
N
d
Fran Laura Cacho
Dace December 21,2011
rn
n
c
0
As stated in our letter dated November 29, 2011, AECOM requests an extension of our contract to w
November 1, 2012 to complete the San Bernardino Sustainability Master Plan (SMP).We currently o
have$43,124 remaining in our contract. The following chart allocates the remaining fee by task and 0-
employee: 2
O
U
W
City of San Bernardino Sustainability Master Plan Q
AECOM-BUDGET ESTIMATE FOR 1212011 -11/2012 N
th
rn
PIC ina
PM
anaiysis Economist Piamrer —
Complete quantification of SMP measures 8 20 29 10 10 77 $9,850 L)
U
Conduct Two(2)Task Force Meetings 16 16 16 20 68 $9,240 Q
Conduct One(1)Public Meeting 8 8 8 24 8 56 $6,880 U
Prepare Draft SMP 4 16 70 16 106 $11,900 a
Prepare Final SMP 2 1 8 8 18 $2,260 t
X
W
"Total Labor Donare $7, '$8.600 53,400 " -,250' Sf4,5YD& SW2.164..":
c
1. Pnnting estimate A $500 t
2. Tmvel expenses $2,494 Al
Q
The remaining tasks for this project are:
1. Complete the Quantification of the SMP measures:After the GHG inventory is complete,we
will finish the quantification of the proposed GHG reduction measures and will propose GHG
reduction targets for the City.
2. Conduct 2 Task Force Meetings: We will facilitate two Task Force meetings. One meeting will
cover the GHG reduction potential of the plan measures. The second meeting will review the
Draft SMP.
A=TOM
3. Conduct 1 Public Meeting:After the draft plan is complete, we will hold a final public meeting
to share the plan measures and gather final public input.
4. Prepare Draft SMP:After one of the two remaining Task Force meetings and before the final
Task Force meeting and the public meeting, we will draft the SMP for City review. One set of
consolidated comments should be provided to AECOM by City staff.
5. Prepare Final SMP:After the final Task Force meeting and the public meeting, public
comments will be incorporated into the plan to create the Final SMP. E
u
w
As the delay of this project has been beyond our control, it would be much appreciated if City staff a
could review of our draft measures to make sure that they are still relevant in order to help us get
back on track.We carried out our initial gap analysis and policy review close to a year ago, and we u
know that the City has been making progress with its energy efficiency and transit programs.This v
review and update will be a huge help and will reduce the need to redo our past work. N
m
c
If you have any questions, please do not hestitate to contact me at 703-739-4721 or a
laura.cacho @aecom.com. d
0
a`
0
O
U
w
Q
N
fh
N
d
Co
Co
2
U
U
w
Q
U
a
r
x
w
c
E
E
s
U
A
Q