HomeMy WebLinkAboutC-5743 - PSA for Measurement, Verification and Post-Occupancy Comfort SurveyM1
r
In
t PROFESSIONAL SERVICES AGREEMENT
�J WITH BOHLIN CYWINSKI JACKSON FOR
MEASUREMENT, VERIFICATION AND POST - OCCUPANCY COMFORT SURVEY
THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement') is made and
entered into as of this 20th day of December, 2013 ( "Effective Date "), by and between
the CITY OF NEWPORT BEACH, a California municipal corporation and charter city
( "City"), and BOHLIN CYWINSKI JACKSON, a Pennsylvania corporation ( "Consultant "),
whose address is 49 Geary Street, Suite 300, San Francisco, CA 94108, 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 provide Measurement and Verification and
Post - Occupancy Comfort Survey of the Civic Center ( "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:
TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on November 30, 2014, 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.
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 Thirty Five
Thousand Seven Hundred Forty Dollars and 00/100 ($35,740.00), 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.
4.4 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.
Bohlin Cywinski Jackson Page 2
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 Steven Chaitow 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 City Manager's Office. 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.
8.1 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
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.
Bohlin Cywinski Jackson Page 3
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 under this Agreement or in
any manner relate (directly or indirectly) to the negligence, recklessness, or willful
misconduct of the Consultant or its principals, officers, agents, employees, vendors,
suppliers, subconsultants, 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, active 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 limits do not act as a limitation upon the amount of indemnification to be provided
by the 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
Bohlin Cywinski Jackson Page 4
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.
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
Bohlin Cywinski Jackson Page 5
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.
17.3 All written documents shall be transmitted to City in formats compatible
with Microsoft Office and /or viewable with Adobe Acrobat.
18. 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.
Bohlin Cywinski Jackson Page 6
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
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.
Bohlin Cywinski Jackson Page 7
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 mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Aaron Harp, City Attorney
City Manager's Office
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: Gregory R. Mottola
Bohlin Cywinski Jackson
49 Geary Street, Suite 300
San Francisco, CA 94108
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
Bohlin Cywinski Jackson Page 8
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.
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
Bohlin Cywinski Jackson Page 9
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 party 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 Severability. 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 Equal 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]
Bohlin Cywinski Jackson Page 10
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORNEY'S OFFICE a California municipat corporation
Date: f Z. -1/ -1-2) Date: '-2--1 Z-
By: U y:
Aaron C. *rp IStdpheA #ad um
City Attorn �� �^ A.5sistant City Manager
ATTEST:
Date: 7
By:
Leilani I. Brown
City Clerk
CONSULTANT: Bohlin Cywinski Jackson,
a Pennsylya�ni� corporation
Date: ;14- 1¢
Vice President / Treasurer
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
Exhibit C - Insurance Requirements
Bohlin Cywinski Jackson Page 11
EXHIBIT A
SCOPE OF SERVICES
Bohlin Cywinski Jackson Page A -1
Bohlin Cywinski Jackson
Peter Q. Bohlin, FAIA
Bernard J. Cywinski, FAIA
Jon G. Jackson. FAIA
W. Dan Haden III, AIA
Frank W. Grauman, AIA
William D. Loose, AIA
Cornelius J. Reid, III AIA
Karl A. Backus, AIA
Gregory R. Mottola, AIA
C. Roxanne Sherbeck, AIA
Robert E. Miller, AIA
Raymond S. Calabro. AIA
15 November 2013
Mr. Steve Badum, Public Works Director
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Project: Newport Beach City Hall
Newport Beach Project Number xxx
BCJ Project 08519D
Subject: Measurement and Verification and Post - Occupancy Comfort Survey
Additional Services Proposal (BCJ Project 08519D x01) R1
Dear Mr. Badum:
Per the City's direction, two important goals for the new Civic Center are the creation of a building that
provides a high level of user comfort and is energy efficient. These and other goals led the City to request a
building that could achieve a LEED - Silver certification. To further these various goals, BCJ and Arup
proposed the inclusion of enhanced measurement and verification and a post- occupant survey to the City in
one of our regular weekly calls in the fall of this year. The proposed services will meet these goals including
the qualification for two LEED points, Energy and Atmosphere (EA) credit 5 through enhance measurement
and verification and Environmental Quality (EQ) credit 7.2 via a post- occupancy survey. Based on the
perceived benefit provided, you asked the BCJ and Arup to provide you with a proposal for services.
Project Scope
The new City Hall has been designed to be a comfortable, energy efficient project that takes advantage of
Newport Beach's exceptional climate. One of the key ways this happens is through responsive building
systems that adjust to changing environmental conditions and use. In an effort to help the City realize both
a high quality of user comfort and appreciable energy savings, we are proposing two efforts. The first is the
development of a plan to measure and verify, as well as an execution of that plan. This will allow the City to
see how the building has performed in actual use against the modeled case, as well as receive suggestions
on ways to optimize systems not at their full potential. The second will be an occupant survey. This will
check on whether the building is working for City staff and visitors as intended. In the event it is not, a
corrective action plan will be developed. Please see Arup's attached proposal for more detailed scope
description.
Architecture Planning Interior Design 49 Geary Street — Suite 300
Wilkes- Barre/ Pittsburgh /Philadelphia /Seattle /San Francisco San Francisco, California 94108
415.989.2100/Fax : 415.989.2101
Bohlin Cywinski Jackson
08519D x01 r2
15 November 2013
Page 2 of 2
BCJ will manage this process, and coordinate Arup's efforts with the design team, CW Driver, Glumac and
the City.
Schedule
The scope described in this proposal will not affect the projected schedule for construction. The scope will,
however, extend the duration of the overall contract in that some of this work will continue for fifteen to
eighteen months beyond the end of completion of construction.
Project Fee
This proposal is for a time - and - material fee, with a not -to- exceed amount of $35,695 based on the
assumptions below:
Services BCJ
02 hours
06 hours
08 hours
02 hours
Arup
Reimbursables BCJ
Arup
Total
Principal
Senior Associate
Associate
Staff I
$285.00 per hour $570
$160.00 per hour $960
$125.00 per hour $1,000
$105.00 per hour $210
15 November 13 proposal
$29,000
$1,000
$3,000
$35,740
The BCJ team appreciates the continued opportunity to work with the Newport Beach community in the
ongoing efforts on this exceptional project.
Please contact us if you have any questions or need additional information.
Sincerely yours,
ell�°�
Greg Mottola, AIA
Principal
Cc: BCJ Team
OWNER:
City of Newport Beach
Signed:
Printed Name: _
Title:
Date:
Aw.
Steven Chaitow, AIA
Principal /Project Manager
ARCHITECT:
Bohlin Cywinski Jackson
Signed:
Printed Name: Gregory R. Mottola, AIA
Title: Vice President
Date:
Our ref CR/KW
Date November 15, 2013
Mr. Steve Badum
Public Works Director
City of Newport Beach
3300 Newport Blvd
Newport Beach, CA 92663
Re: Newport Beach Civic Center and Park Additional Services Proposal:
Measurement & Verification and Post - Occupancy Comfort Survey
Dear Mr. Badum,
560 Mission Street, Suite 700
San Francisco, CA 94105
Tel +1415 957 9445
Fax +1 415 957 9096
cole.roberts@arup.com
w .arup.com
We are pleased to present our service proposal for the Measurement & Verification (M &V) and associated
Energy Model Calibration effort for the Newport Beach Civic Center and Park project.
1 Description
The Newport Beach Civic Center and Park project includes many innovative features for energy savings
and comfort, and is on a path towards achieving LEED Gold certification with a small safety margin.
Achieving high performance not only necessitates good design, but also the establishment of effective
monitoring and feedback systems that improve the persistence of the energy savings, occupant comfort
and lower maintenance costs over the building life.
In addition, the predicted and actual energy use of buildings can vary significantly due to a wide set of
variables and a direct comparison between actual energy use and predicted energy performance requires
an energy model calibration post occupancy.
In recognition of the above considerations, the LEED Rating System awards,one point for commitment to
undertake:
A Measurement & Verification (M &V) effort post - occupancy (EA credit 5) study (with M &V plan
submitted as part of LEED design package)
A survey following one year of occupancy to verify occupant thermal comfort and respond to
concerns (EQ credit 7.2).
The City of Newport Beach has expressed interest in pursuing these efforts for their value in ensuring
efficient, comfortable operations and to earn the LEED credits. The below scope of work is written to fulfill
this direction.
2 Scope of Work
The scope of work detailed below includes:
• Establish the Measurement & Verification Plan
• Measurement & Verification Services using Calibrated Energy Model Method
Post- Occupancy Comfort Survey
Arup Standard Terms and Conditions
2.1 Measurement and Verification (M &V) Plan and LEED Documentation (complete)
Arup will develop and document an M &V plan consistent with Option D: Calibrated Simulation as specified
in the International Performance Measurement and Verification Protocol (IPMVP) Vol 3 (or alternatively
the Federal Energy Management Program M &V Guidelines). The plan will be consistent with LEED
requirements and will be submitted for EAc5 point award.
Option D serves two purposes:
• Calibration of the As -Built energy model and comparison to actual energy use reveals
ECM /design or operational performance.
Adjusting the Baseline energy model allows meaningful performance comparisons and the
determination of verified savings.
The M &V plan will identify the M &V option to be applied, define the Baseline or how it will be determined,
identify metering and tolerances, and outline specific methods for implementation. The documentation will
identify best practice use of the calibrated energy model for comparative and diagnostic use by Facility
Operations staff. The plan will address the start point for M &V activity and the one year anticipated M &V
period.
Deliverables
• M &V Plan
Note: LEED M &V plan submission documentation was provided for design submittal in 2013.
2.2 Measurement & Verification Services (Calibrated Energy Model)
Arup will work with City of Newport Beach to develop a calibrated energy model reflecting the As Built
building optimum operational performance. Arup will use as much data from the building management
system (BMS) and dashboard as is available and necessary to make the model accurate (notably with
regard to: plug load density, HVAC run time and set points, occupant density, weather data and
schedules).
In the As Built energy model,
all the systems are optimally
controlled.
When compared to Actual
Operation energy use, the
results will suggest where the
buildings are deviating from
theoretical achievable
performance and help identify
the potential remaining for
savings.
For example, lighting and HVAC schedules have been manually adjusted from their initial configuration,
blinds, operable windows or other equipment are not been using as intended or equipment has fallen into
disrepair undetected.
Arup Standard Terms and Conditions
Deliverables
• Presentation of Calibrated Energy Model Results (and M &V Relationship)
• Energy Models (eQuest):
• Calibrated As Built Optimum
• Calibrated Baseline
- Actual Operation
Arup would be happy to offer additional services to help the City resolve these issues should the need
arise.
2.3 Occupant Comfort Survey
Arup will work with the Center for the Built Environment (CBE) to obtain and administer a web -based
survey tailored to the Civic Center that obtains feedback on thermal comfort as well as other
satisfaction criteria as preferred by the City. The survey provides valuable information, is quick and
easy to use, and also allows the City to compare performance with other similar building types that
have been previously surveyed. Survey modules include:
• Thermal Comfort (satisfies LEED EQ 7.2 requirements)
• Office Layout
• Office Furnishings
• Air Quality
• Lighting
• Acoustic Quality
• Cleanliness and Maintenance
• General Comments
More information on the CBE survey is available at htto //w Av cbe.berkeley.edu /research /survey.htm
Arup will present survey results to the City in a report and As conference call.
In accordance with LEED requirements, in the unexpected event that the survey results show
greater than 20% dissatisfaction with thermal conditions, Arup will work with the City to develop a
plan for corrective action. The plan would be developed following ASHRAE Standard 55 guidelines.
Arup will also assist the City in providing documentation required for the LEED credit of commitment
to undertake this survey.
Arup Standard Terms and Conditions
Deliverables
• Web -based comfort survey
• Report and presentation discussing results
• If needed, corrective action plan
• LEED EQ credit 7.2 documentation (provided in 2013)
3 Schedule
We assume that the work effort will start and end within the following
timeframes. M &V Plan Completed May, 2013
Calibrated Energy Model M &V period begins at occupancy, but most modeling work
will occur between 12 -15 months post - occupancy, May —
August, 2014)
Comfort Survey Between 6 -18 months post - occupancy, at the City's
discretion (November, 2013 — November, 2014) — will consist
of preparation, a single email launch, reply period and results
processing, spanning roughly 3 months in total
4 Fee & Terms
Arup's fee for the proposed services is $29,000 + up to $3,000 of reimbursable expenses.
We expect to be able to use a free survey from CBE based on our membership, but if that is
unavailable, the expected reimbursable cost will be $1600. Other anticipated expenses
include travel and printing. The proposed fee is based on an hourly assumption with a not -
to- exceed figure.
We propose invoicing as follows:
$7,000 ( +expenses) following delivery of the M &V plan (this has been invoiced through BCJ)
• $17,000 ( +expenses) following delivery of calibrated energy model and report
$5,000 ( +expenses) following delivery of the comfort survey analysis report
It is understood that this work will be an additional service under our contract with BCJ and their A/E
agreement with the City.
5 Assumptions
• One M &V plan for the entire Civic Center complex.
• The metering currently proposed in the design of the above projects is installed as intended.
• Three iterations of Combined Energy Model for four buildings (calibrated baseline, as -built and actual
energy use "models ").
• The calibration exercise will suggest potential areas where performance can be improved. Further
physical diagnostics may be appropriate in orderto conclusively identify opportunities priorto
Arup Standard Terms and Conditions
investment (e.g. monitoring based commissioning), which would be a separate scope.
• All meetings are assumed to occur via teleconference, with the exception of an in- person kickoff for the
combined scope.
• City of Newport Beach Facility Operations personnel will support the work by:
• Providing Utility billing data
• Providing trended data for the full 12 months M &V period for all points identified in the M &V Plan,
and for all applicable buildings
• Providing remote BMS read only access to Arup
We thank you for the opportunity to submit this proposal and look forward to providing continued support
to City of Newport Beach.
Please do not hesitate to contact us if you have any questions.
Yours sincerely,
Cole Roberts, PE, LEED AP
Cc: John Worley, Steve Chaitow
EXHIBIT B
SCHEDULE OF BILLING RATES
Bohlin Cywinski Jackson Page B -1
Arup Standard Terms and Conditions
Appendix A
5.1 Hourly Bill Rates
Hourly billing rates for invoicing are as follows:
Principal
$325
Associate Principal
$235
Associate
$215
Senior Engineer II
$190
Senior Engineer I
$168
Engineer 11
$137
Engineer I
$115
Senior Drafter / Graphic Dsgnr
$126
Drafter / Graphic Designer
$115
Clerical
$89
Rates are subject to change each April 1.
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 Requirements.
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
Bohlin Cywinski Jackson Page C -1
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 subconsultants.
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
Bohlin Cywinski Jackson Page C -2
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at anytime.
B. City's Right to Revise Requirements. 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. Timely 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.
Bohlin Cywinski Jackson Page C -3