HomeMy WebLinkAbout13 - Ongoing Commissioning Services for Civic CenterCITY OF
aEW PORT.
_1 J OBEACH
" � P City Council Staff Report
Agenda Item No.13
November 12, 2013
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
Stephen G. Badum, Assistant City Manager
949 - 644 -3002, sbadum(a-)newportbeachca.gov
PREPARED BY: Stephen G. Badum, Assistant City Manager
APPROVED: — -�✓��
TITLE: Professional Services Agreement for Ongoing Commissioning
Services for Civic Center with Glumac
ABSTRACT:
This action will establish a two year contract with Glumac for ongoing commissioning
services for the City Hall Office Building to ensure continued efficient operation and
maintenance of the building's HVAC and lighting systems.
RECOMMENDATIONS:
1) Approve the Professional Services Agreement with Glumac, and authorize the
Mayor and the City Clerk to execute the agreement.
2) Approve Budget Amendment No. 14BA- 021 appropriating $40,000 from the
unappropriated General Fund balance to M &O Account No. 3140 -8244.
FUNDING REQUIREMENTS:
With the approval of the requested budget amendment in the amount of $40,000,
sufficient funds are available to fund the contract for the remaining fiscal year. The
balance of funding will be included in the M &O budget for subsequent fiscal years.
DISCUSSION:
The City's new Civic Center utilizes the state of the art building automation systems to
achieve sustainability and energy efficiency. The building automation system controls
lighting, heating, automated venting, and conditioned air systems (HVAC). These
Professional Services Agreement for Ongoing Commissioning Services for Civic Center with Glumac
November 12, 2013
Page 2
systems are complex and highly adjustable in their operation, and require a high level of
expertise and monitoring to ensure maximum efficiency and energy savings. Rather
than adding additional highly skilled employees to the City payroll to operate and
maintain these systems, staff believes that these services are best contracted out to the
private sector.
Glumac was hired by the City to provide initial building commissioning services for our
automated systems during the design and construction phases of the project. Building
commissioning is the process of adjusting and monitoring the building systems to
efficiently achieve a comfortable work environment while maintaining maximum
efficiency and minimizing energy costs. They are currently completing those services as
we move closer to achieving LEED Gold status for the building. Staff recommends that
the City enter into a two year on call contract with Glumac to provide ongoing building
commissioning services.
The proposed scope of work includes:
• Collection of building data using inputs from the building automation system, site
inspections, and review of energy consumption.
• Analysis of building data to detect performance issue and report results.
• Diagnose issues and identify potential solutions.
• Assist the City in coordinating repairs and adjustments of the systems and verify
results.
The proposed cost of the two year contract is $120,000. Glumac will bill on a time and
materials basis per the fee schedule attached in the agreement at an estimated monthly
fee of $4,600. Staff has included an allowance of $9,600 for potential additional service
visits and reimbursable costs.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will
not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or
indirectly.
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Professional Services Agreement for Ongoing Commissioning Services for Civic Center with Glumac
November 12, 2013
Page 3
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Submitted by:
5: Badum
City Manager
Attachments: PSA with Glumac
Budget Amendment
Attachment A
PROFESSIONAL SERVICES AGREEMENT
WITH GLUMAC FOR
CIVIC CENTER ONGOING COMMISSIONING SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement') is made and
entered into as of this 13th day of November, 2013 ( "Effective Date "), by and between
the CITY OF NEWPORT BEACH, a California municipal corporation and charter city
( "City "), and GLUMAC, a California corporation ( "Consultant'), whose address is 617
West 7th Street, Suite 500, Los Angeles, California 90017, and is made with reference
to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to implement an ongoing commissioning
process for the Civic Center to assist the City in the building operations and to
provide services that will keep the building systems optimized and energy
efficient ( "Project').
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2015, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ( "Services"
or "Work "). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
4
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Consultant shall perform the Services in accordance with the schedule
included in Exhibit A. In the absence of a specific schedule, the Services shall be
performed to completion in a diligent and timely manner. The failure by Consultant to
strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a
diligent and timely manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, In the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to-
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed One Hundred
Twenty Thousand Dollars 001100 ($120,000.00), without prior written authorization
from City. No billing rate changes shall be made during the term of this Agreement
without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and /or the
specific task in the Scope of Services to which it relates, the date the Services were
performed, the number of hours spent on all Work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant no later than
thirty (30) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses
specifically identified in Exhibit B to this Agreement or specifically approved in writing in
advance by City.
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s
4A Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Elise Wei to be its Project
Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed In Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project
any of its personnel assigned to the performance of Services upon written request of
City. Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant Is performing inspection services for City, the Project
Manager and any other assigned staff shall be equipped with a cellular phone to
communicate with City staff. The Project Manager's cellular phone number shall be
provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Assistant City Manager or designee shall be the Project Administrator and shall have
the authority to act for City under this Agreement. The Project Administrator shall
represent City in all matters pertaining to the Services to be rendered pursuant to this
Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant In the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all
existing relevant Information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
Glumac Page 3
perform all Services in a manner commensurate with the highest professional
standards. For purposes of this Agreement, the phrase "highest professional
standards" shall mean those standards of practice recognized by one (1) or more first -
class firms performing similar work under similar circumstances.
8.2 All Services shall be performed by qualified and experienced personnel
who are not employed by City. By delivery of completed Work, Consultant certifies that
the Work conforms to the requirements of this Agreement, all applicable federal, state
and local laws, and the highest professional standard.
8.3 Consultant represents and warrants to City that it has, shall obtain, and
shall keep In full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties ") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims "), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials or Consultant's presence or
activities conducted on the Project (including the negligent, reckless, and /or willful acts,
errors and/or omissions of Consultant, Its principals, officers, agents, employees,
vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly
by any of them or for whose acts they may be liable, or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy
Glumac Page 4
limits do not act as a limitation upon the amount of indemnification to be provided by
Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No
civil service status or other right of employment shall accrue to Consultant or its
employees. Nothing in this Agreement shall be deemed to constitute approval for
Consultant or any of Consultant's employees or agents, to be the agents or employees
of City. Consultant shall have the responsibility for and control over the means of
performing the Work, provided that Consultant is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Consultant as to the details of the performance of the Work or to exercise a measure of
control over Consultant shall mean only that Consultant shall follow the desires of City
with respect to the results of the Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the
term of this Agreement or for other periods as specified in this Agreement, policies of
Insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
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15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Consultant, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Consultant is a
partnership or joint- venture or syndicate or co- tenancy, which shall result in changing
the control of Consultant. Control means fifty percent (50 %) or more of the voting
power or twenty -five percent (25 %) or more of the assets of the corporation, partnership
or joint- venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
Identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law. City Is an Intended beneficiary
of any Work performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and City. Except as specifically authorized herein, the
Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17, OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other
writing produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and City
shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by
Consultant pursuant to this Agreement are not intended or represented to be suitable
for reuse by City or others on any other project. Any use of completed Documents for
other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to Consultant's
deliverables under this Agreement by City or persons other than Consultant is waived
against Consultant, and City assumes full responsibility for such changes unless City
has given Consultant prior notice and has received from Consultant written consent for
such changes.
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17.3 All written documents shall be transmitted to City in formats compatible
with Microsoft Office and /or viewable with Adobe Acrobat.
% CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services In this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
Infringement of any United States' letters patent, trademark, or copyright, Including
costs, contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and Invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant under this Agreement. All such records and invoices shall be clearly
identifiable. Consultant shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Consultant shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Consultant under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
Immediate right to appeal to the City Manager or designee with respect to such disputed
sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on Its Investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
Inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and /or restoration expense shall be
Glumac Page 7
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borne by Consultant. Nothing in this Section is intended to limit City's rights under the
law or any other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or Its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act'), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
24.2 If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold harmless
City for any and all claims for damages resulting from Consultant's violation of this
Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first -
class mall, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Steve Badum, Assistant City Manager
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Steve Carroll
Glumac
617 West 7th Street
Los Angeles, CA 90017
Glumac
Page 8
11
26. CLAIMS
Unless a shorter time Is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed In default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non - defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at Its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for
which Consultant has not been previously paid. On the effective date of termination,
Consultant shall deliver to City all reports, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
28.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
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12
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
28.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either parry by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
28.8 Severabilily. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
28.10 Egual Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Glumac
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13
IN WITNESS WHEREOF, the :parties have caused this Agreement to be
executed on the dates written below.
APPROVED, AS TO FORM:
CITY ATTORNEY'S OFFICE
nAvvL,- �
Aaron C: Hai
City Attorney
ATTEST;
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Keith. D, Curry
Mayor
CONSULTANT: Glumac, a California
corporation
bake:
By:
Steve Caroll
Vice President
Date:
By:
Angela Sheehan
Chief Financial Officer
[END OF SIGNATURES)
Attachments: Exhibit A— Scope of Services
Exhibit B - Schedule of Billing Rates
Exhibit C— Insurance Requirements
Glumac Page 11
14
EXHIBIT
SCOPE OF SERVICES
Glumac Page A -1
15
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SeplemVer 18, 2013
Steve Badum
City of Newport Beach
100 Civic Center Drive
Newport Beach, C,d.OMO
-r 1949) 644.3309
sbatium@clly.nuwpon-boach,ca. us
Subject: Ongoing Commissioning Services Fee Proposal
Project : Newport beach:Civic Center
pear Mr. Badum,
zig
Glumac 1s pleased to submit this fee proposal for ongoing Commissioning Services for the
Newport.Beach Civic Center project located in Newport Beach, California:
We look forward to the: opportunity of being part of your team, Please contact me if you have
any questions:
Sincerely,
LiUIVII AC
Steven Carroll, P.E., CxA
Princigat
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ONGOING COMMISSIONING
SERVICES PROPOSAL
September 18, 2013
Newport Beach Civic Center
EXECUTIVE SUMMARY
PROJECT UNDERSTANDING
With natural ventilation, radiant heating and cooling, and displacement air systems, the
Newport Beach Civic Center (NBCC) is one of the most sustainable and energy efficient
buildings constructed In Southern California.
These systems are interactive and complex, and over time they will begin to operate below
their Intended efficiency and will require frequent attention, calibration, and maintenance to
ensure they are being optimized. This will ensure that the City Is realizing the fullest potential
of their Investment. For example, sensors may fall out of calibration, building use could
change, and minor adjustments in the controls sequences could have major effects on how the
systems interact.
The City has invested in an Energy Dashboard as well as a state of the art Building Automation
System (BAS). These two systems generate huge amounts of data that can be used to
analyze the building and Identify system faults that would normally be Invisible to the building
operator.
Glumec was the Bullding Commissioning Authority during the Design and Construction of the
building and was involved with the project from the early phases of design through the first year
of occupancy as part of the LEED Commissioning Requirements. To assist the City in the
building operations and to provide the services that will keep the building systems optimized
and energy efficient, we propose implementing an Ongoing Commissioning Process.
Ongoing Commissioning is a four -step Implementation process followed with a step -by -step
continuous Improvement cycle. It analyzes the building Information gathered from the BAS,
Utility bills, the Energy Dashboard, and actual onsite building system operations.
The four steps are detailed below.
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Ongoing sioning|sa long.lerm strategy for supporting ilia continuous Improvement of
building systems. |Lis fueled &y the hardware, software ,people, and processes hat make
optimization u regular part *( building management.
At its core, 0ogoin gCumr��o inning isa process that niOni[V,s how efficiently N building meats
its oncupn|n^nosdn, which includes maintaining:
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Ventilation requirements
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Lighting requirements
The goal of building operation is to achieve opfirnal occupant comfort with the least amount of
energy consumpDnn, Buildings (hat achieve this balance (to wnhy addressing the two main
e|emnn(sni building performance:
1) System Tracking for HV8C and lighting systems,
2) Energy Tracking for the whole building and wheraw submeters are in place.
The Newport Beach Civic Center already has a robust tracking system from the building
operations, rne\o'u, and subn)e\em for whole bu||d}i`g energy /,mok|nW.
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September 18, 2613
page 3
The City.should address both sides of the coin to reap the full rewards of tracking building
performance, since. each side can answer. different questions about building operation. The
Figure below shows how meters and controls gather date system or energy performance for
HVAC, Lighting, and plug load systems,
ENERGY TRACKING
SYSTEM TRACKING
Am I Improving ever tlmc?
Are systems behaving astheyshould?
Am I using what t expected?
Where are the problems?
How do I compete to my peers?
How efficient ate mys /stem.?
HVAC
Building Automation
System Control
R Monitoring Points
Gas Meter
Lighting Control
& Monitoring' Paints
Electric Meter
The Building Commissioning Process that is In place at the NBCC is ensuring that the systems
are designed, Installed, and operating according to the design intent. However a building is
similar to a car, you need to continuously tune up your car in order to keep It running smoothly
and keep it fuel efficient. Buildings require the same process. Once a building Is in operation,
the total energy use will increase as the efficiency of the building systems gradually declines.
With an Ongoing Commissioning process in place, the City can continually tune up Its building,
keeping it comfortable and energy efficient. An Ongoing Commissioning Process is a natural
complement to the Commissioning Process already in place at the NBCC.
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@' Steve Badum
City of Newport Beach
September 18, 2013
UPage 4
PROPOSED SCOPE OF WORK:
It is common with a complex building like the NBCC that the energy use In the early stages of
occupation are typically the highest. As the occupants and operators alike get familiar with the
building and all the nuances that go with the proper operation, the energy use tends to
J decrease if the systems are properly monitored and maintained.
r' The first step in the Ongoing Commissioning Process is to determine a "benchmark ", the level
v at which the building efficiency will be measured against. This benchmark was theoretically
determined using an Energy Model In the design phase. Now, with actual data obtained from
the BAS, Utility Bill, the Energy Dashboard, real weather data, and onsite inspections, we can
a determine the actual operating benchmark.
4
=„ Glumac will gather the necessary Information and develop the Energy Use Index (EUI) for the
building. EUI expresses a building's energy use as a function of Its size, occupancy type, and
other characteristics, The EUI Is expressed as energy per square foot per year. It is calculated
a by dividing the building's total energy consumption In one year (measured in kBtu) by the total
gross floor area of the building. Generally speaking, a low EUI is good (e.g. 70 -B0 for an office
building). The EUI of the NBCC is then compared to similar buildings around the country.
Glumac will collect and analyze the building data taken from the following sources:
a. The Building Automation System —
1. Glumac is already familiar with the BAS and its trending capabilities.
Trend data will be gathered and analyzed just as it was used to
analyze building performance and functionality during the initial
commissioning process. Glumac will collect and review operational
information such as:
• Scheduled start stop
• Zone temperatures and set points
•
Return air temperatures
• Outside air temperature
• Damper positions and economizer mode
• Valve positions and supply air temperatures
• Chilled water supply/return temperatures
• Condenser water supply/return temperatures
Glumac will monitor the alarms to Identify small issues before they
become large issues. Typically, BAS alarms can be configured to
expose a system fault, a problem relating to occupant comfort, or an
occupant - driven change with a damaging impact on energy. BAS
alarms will signal when a data point is outside of a predetermined
threshold. For example, the temperature in a zone may exceed the
setpoint temperature by a certain amount, or the chiller may
experience higher pressure than it was designed to handle. When the
threshold is exceeded, the system may send an email to key
personnel, or flash an Icon on the BAS user interface. If needed,
Glumac will perform a site inspection to further identify Issues that
arise and will work with the City to develop an Action Plan to resolve
those issues.
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Steve Badum
City of Newport Beach
September 18, 2013
VPage 5
b. Site Visits
I. Glumac will conduct a Monthly Site Visit with a Sr. Building Operations
Cx Agent to view first -hand the equipment and systems in operation.
There Is no substitute for first -hand knowledge of building systems in
operation. Excessive noise, vibrations, dirt or debris, broken dampers
J or sensors, etc cannot be Identified by remotely monitoring the
building.
ii. ii. In some cases there may be issues identified based on the remote
monitoring of the BAS and Utility Bills that require a site visit in
a addition to the regularly scheduled site visit. Glumac will
;, communicate this with the City and reach an agreement prior to
visiting the site.
os
c. Energy Consumption
t. Utility bill analysis will help us understand the building's energy use
s patterns over time and detect and investigate high energy use, This
analysis offers a more precise look at the energy use of buildings and
G will allow us to update and trend the building energy use Index over
m time.
Ii. Sub -meter data can be trended to quickly Identify energy issues within
various systems before they become a significant revenue loss.
Ili, Demand limiting reduces the peak power measured in kW which
assists with lowering the building utility bill demand charges. Demand
charges can be trended to identify and mitigate spikes in kW demand.
2. Reporting
a. Monthly — Glumac will provide a Monthly Ongoing Cx Report. The report will
Include but will not be limited to:
I. An Executive Summary of the past month's work. An overview of the
energy use and issues identified and their resolutions.
It. Analysis of the trend data taken from the BAS, what it means, potential
Issues, etc.
Ili. Energy Analysis taken from the Utility Meters, sub- meters, bills etc.
Correlated to the BAS data to identify trends that affect overall energy
use and building comfort,
Iv. Site Report based on walklhrough of the building system (performed
monthly) and conversations with City Facilities Staff.
b. Quarterly - Glumac will provide a Quarterly Ongoing Cx Report. The report will
Include but will not be limited to:
t. Similar to the information given monthly including apparent trends in
the operation and energy use In the building,
11. Recommendations to improve the building efficiency over the next
quarter.
Iii. Includes a face to face meeting with the City to review the Report and
answer any questions.
c. Yearly - Glumac will provide a Yearly Ongoing Cx Report. The report will
include but will not be limited to:
i. An Executive Summary similar to reports provided Monthly and
Quarterly Reports.
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Steve Badum
City of Newport Beach
September 18, 2013
UPage
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ii. A detailed analysis of the annual energy consumption and operational
issues and resolutions.
Iii. Proactive Plan for the upcoming year to increase efficiency.
iv. A review of the maintenance records of the equipment and systems,
any trends seen in the maintenance such as early wear and tear on
the equipment, higher than expected energy use.
Vv.
Update the EUI.
ASSUMPTIONS
a
The following assumptions are made In the preparations of this proposal:
e 7. We Include the use of digital photography with the reports in order to describe existing
conditions and identify O &M requirements.
2. We anticipate that the work will be performed during normal business hours between
y 6:00 AM and 6:00 PM.
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EXHIBIT B
SCHEDULE OF BILLING RATES
Glumac Page B -1
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City of Mevipart Beach
$eptemberl8, 2013
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PROFESSIONAL FEES
You will be invoiced monthly based on the following fee structure:
Additional Site Visits
Billed hourly according to our published rates, see attached rate form.
The monthly rate is valid and will not be raised for a period of 24 months (rorn
the date of signing.
REIMBURSABLES
in addition to the above fee, you will be invoiced for reimbursable expanses plus a 10%
reimbursable mark -up fee. Reimbursable expanses Include air travel, miioage, rental car,
lodging and per diem, CAD plots (at our blueprint service provider's rates), printing (at FedEx
Office rates) and messenger service.
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Commissioning Agent $150
Commissioning Techow
.commissioning Coordinator $.100
Energy Analysis $110-$160
4"". 3
OFID Analysis
Lighting Design $110-$160
Drawing Plots & Prints (Calorffiond) At -cost (prevaiing printer rates)
Travel, Lodging, Transportation Al cost
Printing, Reprodubtfor), Photography At, cost
Mileage At prevailing IRS Rate/Mile
RelpribUrsade- Mork-lip Fee (on 611 s6s) , 0 1/6
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Principal $225
1pa
Project Coorchator
$160
Project Administrator
Project Engineer $140-$190
Project.Assistant
$70
RP T,
es Ibber
ru or Manager $190 9,5D'
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BIM $106-$165
Drawing Plots & Prints (Calorffiond) At -cost (prevaiing printer rates)
Travel, Lodging, Transportation Al cost
Printing, Reprodubtfor), Photography At, cost
Mileage At prevailing IRS Rate/Mile
RelpribUrsade- Mork-lip Fee (on 611 s6s) , 0 1/6
25
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide Insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of Insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Reauirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its officers, agents,
employees and volunteers.
B. General Liability Insurance, Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, one million dollars ($1,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, personal and
advertising Injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract) with
no endorsement or modification limiting the scope of coverage for liability
assumed under a contract.
C. Automobile Liability Insurance. Consultant shall maintain automobile
Insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
Giumac Page C -1
26
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability Insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and in the aggregate. Any policy
inception date, continuity date, or retroactive date must be before the
Effective Date of this Agreement and Consultant agrees to maintain
continuous coverage through a period no less than three years after
completion of the Services required by this Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All Insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its elected or appointed officers, agents, officials, employees
and volunteers or shall specifically allow Consultant or others providing
Insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers
from each of its suboonsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but
not Including professional liability, shall provide or be endorsed to provide
that City and its officers, officials, employees, and agents shall be included
as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self -
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of Insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this
Glumac Page C -2
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Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
B. City's Right to Revise Reouirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non - compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given Issue and is not Intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type.
E. Self- Insured Retentions. Any self - insured retentions must be declared to
and approved by City. City reserves the right to require that self- insured
retentions be eliminated, lowered, or replaced by a deductible. Self -
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non - Compliance. If Consultant or any subconsultant
fails to provide and maintain Insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Consultant or
reimbursed by Consultant upon demand.
G. ' nmely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
Involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the Work.
Glumac Page C -3
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City of Newport Beach
BUDGET AMENDMENT
2013 -14
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Expenditure Appropriations AND
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
from additional estimated revenues
PX from unappropriated fund balance
EXPLANATION:
NO. BA- 14BA -021
AMOUNT: $40,000.00
Increase in Budgetary Fund Balance
Decrease in Budgetary Fund Balance
X 1 e
No effect on Budgetary Fund Balance
This budget amendment is requested to provide for the following:
To increase expenditure appropriations for a professional services agreement with Glumac for ongoing commissioning services
for the Civic Center to ensure continued efficient operation and maintenance of the buildings HVAC and lighting systems.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
010 ' 3605
REVENUE ESTIMATES (3601)
Fund /Division Account
EXPENDITURE APPROPRIATIONS (3603)
Description
General Fund - Fund Balance
Description
Description
Division Number 3140 GS - Operations Support
Account Number 8244 Civic Center Start Up Costs
Signed:
Signed:
Signed:
Finance
Administrative Approval: City Manager
City Council Approval: City Clerk
Amount
Debit Credit
$40,000.00
$40,000.00
Automatic System Entry
ID- 3i -13
Date
Ltbt 3
Date
99
Date