HomeMy WebLinkAboutDigital Energy, Inc - 2010-01-19Council/Agency Meeting Held:-
Deferred/Continued to:
�lA pro ed onditio ally Ap r ved ❑ Denied
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Council Meeting Date: 1/19/2009
Department ID Number: AD 10-001
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COU IL MEMBERS
SUBMITTED BY: FRED A. WILSON, CITY ADMINSTR
PREPARED BY: BOB HALL, DEPUTY CITY ADMINIST A OR
SUBJECT: Municipal Solar projects - feasibility, design, environmental review,
entitlements and bid support
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue:
Council is being asked to consider and approve a professional services contract to complete
the first portion of work on the large scale municipal solar projects at 10 or more municipally
owned sites throughout the city.
Funding Source: Federal Energy Efficiency and Conservation Block Grants (EECBG)
Recommended Action: Motion to:
1. Approve and authorize Mayor and City Clerk to execute the Professional Services
Contract between the City of Huntington Beach and Digital Energy, Inc. for solar
feasibility, designs, environmental reviews, entitlements and solar power purchase
agreement (PPA) bid support services.
Alternative Action(s): Do not approve the agreement and resolution and advise staff on
how to proceed.
Analysis: In July of 2009, the city of Huntington Beach proclaimed a municipal solar
capacity goal of 2.5 MW by 2014. Additionally, in a council study session on October 19t"
2009 the solar power purchase agreement concept and project was presented to council. At
that time council provided positive feedback and encouraged staff to proceed with this
project.
The city's Federal Energy Efficiency & Conservation Block Grant (EECBG) application
included professional services for a Municipal Solar Feasibility Study including 30% design
— I/
f
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 1/19/2009 DEPARTMENT ID NUMBER: AD 10-001
drawings sufficient to complete environmental reviews and entitlements, and subsequent
construction bid support. Funding has been awarded to the city for this activity.
City staff created an RFP for these services and released it on October 26, 2009. Proposals
were due on November, 19th, 2009 and the city received 13 proposals. A review committee
comprised of Public Works, Planning, Administration staff and two Environmental Board
members reviewed and scored the proposals independently and then met to review, discuss
and finalize the results. Finance department staff oversaw the evaluation process. Digital
Energy's proposal received the highest total score and was recommended for award for the
competitive cost of $250,000.
At the completion of this contract, the city will be properly equipped to release a solar power
purchase agreement RFP and evaluate proposals to enter into a solar power purchase
agreement with a third party to construct, own, operate and maintain the solar equipment and
sell the renewable electricity to the city at competitive rates. This approach eliminates the
large up -front capital cost of solar installations, while allowing the city to purchase additional
renewable electricity that reduces pollution and increases the city's sustainability program.
Strategic Plan Goal:
Maintain, Improve and Obtain Funding for Public Improvements
Environmental Status:
Not applicable for this action, but the agreement positively impacts the City of Huntington
Beach's ability to reduce environmental impacts from energy use.
Attachment(s):
1. Professional Services contract between the City of Huntington Beach
and Digital Energy, Inc. for feasibility study, design to bridging
documents, environmental reviews, entitlements and solar power
purchase agreement bid support.
2. Certificate of Liability Insurance from Digital Energy, Inc.
3. Federal Assistance Agreement
4. Professional Services Purchasing Certification forms
5. Bidders list
-3- 1/8/2010 9:01 AM
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
Digital Energy, Inc.
FOR
Municipal Photovoltaic Solar Projects
THIS AGREEMENT ("Agreement") is made and entered into by and between the
City of Huntington Beach, a municipal corporation of the State of California, hereinafter
referred to as "CITY, and Digital Energy, Inc. a consulting firm
hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to
Digital Energy, Inc. ;and
Pursuant to documentation on file in the office of the City Clerk, the provisions of the
Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional
service contracts have been complied with; and
CONSULTANT has been selected to perform these services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. SCOPE OF SERVICES
CONSULTANT shall provide all services as described in Exhibit "A," which
is attached hereto and incorporated into this Agreement by this reference. These services
shall sometimes hereinafter be referred to as the "PROJECT."
CONSULTANT hereby designates Jairam Agaram who shall
represent it and be its sole contact and agent in all consultations with CITY during the
performance of this Agreement.
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2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT in
the performance of this Agreement.
3. TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT are
to commence on January 19 , 2010 (the "Commencement Date"). This
Agreement shall automatically terminate three (3) years from the Commencement Date,
unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A"
shall be completed no later than
1 / 31 / 2 013 from the Commencement Date.
The time for performance of the tasks identified in Exhibit "A" are generally to be shown in
Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to
in writing by CITY and CONSULTANT.
In the event the Commencement Date precedes the Effective Date,
CONSULTANT shall be bound by all terms and conditions as provided herein.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY
agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit
"B," which is attached hereto and incorporated by reference into this Agreement, a fee,
including all costs and expenses, not to exceed Two Hundred Fi fty Thousand Dollars
($ 250,000.00 ).
5. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A" or
changes in the scope of services described in Exhibit "A," CONSULTANT will undertake
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such work only after receiving written authorization from CITY. Additional compensation
for such extra work shall be allowed only if the prior written approval of CITY is obtained.
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B."
7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder, including,
without limitation, all original drawings, designs, reports, both field and office notices,
calculations, computer code, language, data or programs, maps, memoranda, letters and other
documents, shall belong to CITY, and CONSULTANT shall turn these materials over to
CITY upon expiration or termination of this Agreement or upon PROJECT completion,
whichever shall occur first. These materials may be used by CITY as it sees fit.
8. HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold
harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers
from and against any and all claims, damages, losses, expenses, judgments, demands and
defense costs (including, without limitation, costs and fees of litigation of every nature or
liability of any kind or nature) arising out of or in connection with CONSULTANT's (or
CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this
Agreement or its failure to comply with any of its obligations contained in this Agreement by
CONSULTANT, its officers, agents or employees except such loss or damage which was
caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct
all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's
counsel. This indemnity shall apply to all claims and liability regardless of whether any
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insurance policies are applicable. The policy limits do not act as limitation upon the amount
of indemnification to be provided by CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability
insurance policy covering the work performed by it hereunder. This policy shall provide
coverage for CONSULTANT's professional liability in an amount not less than One Million
Dollars ($1,000,000.00) per occurrence and in the aggregate. The above -mentioned insurance
shall not contain a self -insured retention without the express written consent of CITY;
however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is
permitted. A claims -made policy shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the initiation of
the scope of work (including subsequent policies purchased as renewals
or replacements).
B. CONSULTANT shall notify CITY of circumstances or incidents that
might give rise to future claims.
CONSULTANT will make every effort to maintain similar insurance during
the required extended period of coverage following PROJECT completion. If insurance is
terminated for any reason, CONSULTANT agrees to purchase an extended reporting
provision of at least two (2) years to report claims arising from work performed in connection
with this Agreement.
If CONSULTANT fails or refuses to produce or maintain the insurance
required by this section or fails or refuses to furnish the CITY with required proof that
insurance has been procured and is in force and paid for, the CITY shall have the right, at the
CITY's election, to forthwith terminate this Agreement. Such termination shall not effect
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Consultant's right to be paid for its time and materials expended prior to notification of
termination. CONSULTANT waives the right to receive compensation and agrees to
indemnify the CITY for any work performed prior to approval of insurance by the CITY.
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT
shall furnish to CITY a certificate of insurance subject to approval of the City Attorney
evidencing the foregoing insurance coverage as required by this Agreement; the certificate
shall:
A. provide the name and policy number of each carrier and policy;
B. state that the policy is currently in force; and
C. shall promise that such policy shall not be suspended, voided or
canceled by either party, reduced in coverage or in limits except after
thirty (30) days' prior written notice; however, ten (10) days' prior
written notice in the event of cancellation for nonpayment of premium.
CONSULTANT shall maintain the foregoing insurance coverage in force until
the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not
derogate from CONSULTANT's defense, hold harmless and indemnification obligations as
set forth in this Agreement. CITY or its representative shall at all times have the right to
demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a
prompt and timely manner, the premiums on the insurance hereinabove required.
11. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of this
Agreement as an independent contractor herein and not as an employee of CITY.
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CONSULTANT shall secure at its own cost and expense, and be responsible for any and all
payment of all taxes, social security, state disability insurance compensation, unemployment
compensation and other payroll deductions for CONSULTANT and its officers, agents and
employees and all business licenses, if any, in connection with the PROJECT and/or the
services to be performed hereunder.
12. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate CONSULTANT's services hereunder at any time with or
without cause, and whether or not the PROJECT is fully complete. Any termination of this
Agreement by CITY shall be made in writing, notice of which shall be delivered to
CONSULTANT as provided herein. In the event of termination, all finished and unfinished
documents, exhibits, report, and evidence shall, at the option of CITY, become its property
and shall be promptly delivered to it by CONSULTANT.
13. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall not
be assigned, delegated or subcontracted by CONSULTANT to any other person or entity
without the prior express written consent of CITY. If an assignment, delegation or
subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the
insurance requirements as set forth in Sections 9 and 10 hereinabove.
14. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or
material produced as a result of this Agreement.
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15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY
employee in the work performed pursuant to this Agreement. No officer or employee of
CITY shall have any financial interest in this Agreement in violation of the applicable
provisions of the California Government Code.
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given
either by personal delivery to CONSULTANT's agent (as designated in Section 1
hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed
envelope, postage prepaid, and depositing the same in the United States Postal Service, to the
addresses specified below. CITY and CONSULTANT may designate different addresses to
which subsequent notices, certificates or other communications will be sent by notifying the
other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return
receipt requested:
TO CITY:
City of Huntington Beach
ATTN: Aaron Klemm
2000 Main Street
Huntington Beach, CA 92648
17. CONSENT
TO CONSULTANT:
Digital Energy, Inc.
ATTN: Jai Agaram
128 Auburn Court, Suite 106
Westlake Village, CA 91362
When CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a consent/approval to
any subsequent occurrence of the same or any other transaction or event.
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18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid
unless in writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive and
are included solely for convenience of reference only and are not representative of matters
included or excluded from such provisions, and do not interpret, define, limit or describe, or
construe the intent of the parties or affect the construction or interpretation of any provision of
this Agreement.
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a
whole, according to its fair meaning, and not strictly for or against any of the parties. If any
provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be
unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the
remaining covenants and provisions of this Agreement. No covenant or provision shall be
deemed dependent upon any other unless so expressly provided here. As used in this
Agreement, the masculine or neuter gender and singular or plural number shall be deemed to
include the other whenever the context so indicates or requires. Nothing contained herein
shall be construed so as to require the commission of any act contrary to law, and wherever
there is any conflict between any provision contained herein and any present or future statute,
law, ordinance or regulation contrary to which the parties have no right to contract, then the
latter shall prevail, and the provision of this Agreement which is hereby affected shall be
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curtailed and limited only to the extent necessary to bring it within the requirements of the
law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been
prepared and signed in counterparts as duplicate originals, each of which so executed shall,
irrespective of the date of its execution and delivery, be deemed an original. Each duplicate
original shall be deemed an original instrument as against any parry who has signed it.
22. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the immigration
and naturalization laws of the United States and shall, in particular, comply with the
provisions of the United States Code regarding employment verification.
23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside
the scope of services contemplated hereunder. CONSULTANT understands that pursuant to
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel
for CITY; and CITY shall not be liable for payment of any legal services expenses incurred
by CONSULTANT.
24. ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or enforce
the terms and/or provisions of this Agreement or to secure the performance hereof, each party
shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover
its attorney's fees from the nonprevailing party.
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25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context
survive the expiration or termination of this Agreement, shall so survive.
26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws
of the State of California.
27. SIGNATORIES
Each undersigned represents and warrants that its signature hereinbelow has
the power, authority and right to bind their respective parties to each of the terms of this
Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event
that such authority or power is not, in fact, held by the signatory or is withdrawn.
CONSU LTANT's initials
V
28. ENTIRETY
The parties acknowledge and agree that they are entering into this Agreement
freely and voluntarily following extensive arm's length negotiation, and that each has had the
opportunity to consult with legal counsel prior to executing this Agreement. The parties also
acknowledge and agree that no representations, inducements, promises, agreements or
warranties, oral or otherwise, have been made by that party or anyone acting on that party's
behalf, which are not embodied in this Agreement, and that that party has not executed this
Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact
or circumstance not expressly set forth in this Agreement. This Agreement, and the attached
exhibits, contain the entire agreement between the parties respecting the subject matter of this
Agreement, and supersede all prior understandings and agreements whether oral or in writing
between the parties respecting the subject matter hereof.
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29. EFFECTIVE DATE
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized officers. This Agreement shall be effective on the
date of its approval by the City Council. This Agreement shall expire when terminated as
provided herein.
CONSULTANT,
Digital Energy, Inc.
COMPANY NAME
By:
print name
ITS: (circle one) Chairma reside% Vice President
AND
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print name
ITS: (circle orce) Secretary ChiefFinancial Officer/,Asst.
Secretary - Treas rer
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
Mayor
City Clerk
INITIATED AND APPROVED:
Director/Chief
REVIEWED AND APPROVED:
City Administrator
APPROVED AS TO FORM:
City Attorney
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29El"FECTIVE
NVITNESS W1,11"'REOF. the parties hereto have caused this Agreement to be
executed by and thr(Afgh their authorized officers, '['his Agreement shall be effective on the
date of its approval by the City Council, "['his Agreement shall expire when terminated, as
provided herein,
CONSUI.-FAN'L
Digital Energy, Tnc,
. . . . . . . . . . . . . . . .............................. . . ................
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EXHIBIT "A"
A. STATEMENT OF WORK:
Provide professional services with limited city staff support that accomplishes the objectives of
fully entitled and developed designs for attractive and competitive solar power purchase
agreement bidding. This project is time sensitive. The bonds necessary for financing must be
structured and sold in 2010.
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
1. Feasibility study
Ten sites have passed preliminary screening by HB staff for PV solar systems on city property.
Proposer shall develop and publish a complete feasibility study of the sites for solar installations
to be installed by a solar power purchase agreement provider under a separate future RFP. The
goal is to developed the most amount (capacity) of municipal solar that is cost-effective for a
power purchase agreement provider, meets development standards and meets community
aesthetic standards
The Feasibility study shall at a minimum contain evaluations of the following issues and
opportunities. If the proposer:
• Develop Owner's Project Requirements document
• Existing & required electrical & structural infrastructure
• Soil conditions
• Project economics including value of incentives and tax benefits
• Comparative evaluation of competing solar technologies
• Evaluation of designs that use capital efficiently, enabling power at grid parity prices
o Potential for solar above drive aisles
o Fixed vs. single axis tracking, etc.
• Estimate of capital cost, cost per KWh and total energy production
• Estimate of environmental benefits
• Evaluation of additional alternate city owned sites
• Compatible with future disaster recovery power generation features
• Water catchment systems to collect rainwater for irrigation
• Potential for master enabling PPA agreement for future sites
Deliverables, including but not limited to:
Draft of report for review
Surfnet Exhibit A
Re ort incorporating staff comments
Bound feasibility study report & in PDF format
2. Design to Bridging documents phase
Proposer shall develop of several conceptual designs for each site. Conceptual designs will be
reviewed by appropriate city staff. Design team will present conceptual designs at one internal
meeting with staff team members. The selected designs will be developed to a full set of bridging
documents that will form the basis of bids from solar power purchase agreement contractors for
the PPA project. Project designs at a minimum shall address the following issues raised by
council & staff to date:
A Anti -theft designs
® Fire Marshal compatible designs — most likely to include fusible veritable skylights
® Landscape and maintenance issues — certified arborist and replacement trees
o Police Department sight lines and visibility from security cameras and helicopter
• Corrosion protection
• Electrical infrastructure zoning compliance
a Etc.
Deliverables, including but not limited to:
Bridging documents design set — hardcopy & electronic (.dwg
file format)
City staff team meeting
Plan check reviews
3. Environmental Reviews (CEQA & NEPA)
Proposer shall complete all necessary environmental (CEQA/NEPA) reviews for the selected
sites and designs. Environmental reviews are to be completed in one batch.
4. Entitlements
Proposer shall complete the entitlement process for all 10 sites individually. Project plans,
associated renderings will be presented to the appropriate Staff, Board or Commission. Te City
Council may also review the final details. The proposer shall secure the necessary permits,
approvals and entitlements for these projects.
Deliverables, including but not limited to:
Brideina documents
Changes to design based on Board/Commission/Council comments
Entitlements
Surfnet Exhibit A
Staff has created a preliminary zoning & entitlement matrix for each potential site, this Matrix
reflects the current zoning & entitlement issues for each site.
Huntington Beach Municipal Solar Project
Site Zoning Matrix
21-Oct-2009
Site#/A'ddi°ess
Zpnin Dest nation
:_ fnstallaxtpn,7f e� Pro essln �P;ro ure �';,
Any new construction requires a
Solar cells installed on top of Conditional Use Permit (CUP) by
Site 1: 200 Main Street -
SP5-CZ (Downtown Specific
the Planning Commission (PC)
newly constructed carports
Main Promenade Parking
Structure
Plan - District 5)
covering an existing open-air (DTSP 4.5.01(b)), Design Review
Board review (HBZZO Ch. 244)
rooftop parking area and a Coastal Development Permit
unless exempt/excluded.
Site 2: 17371 Gothard Street
PS-FP2 (Public - Semi-
Design Review Board (DRB -
On existing rooftop
- City Yard
Public - Flood Zone A)
HBSZO Chapter 244)
Site 3: 2000 Main Street -
PS (Public - Semi -Public)
Carports covering existing parking DRB (HBZZO Ch. 244)
City Hall
lots
Site 4: 2000 Main Street -
PS
Carport covering existing parking DRB (HBZZO Ch. 244)
Police Yard
lot
Site 5: 7111 Talbert -
OS -PR (Open Space - Public
Rooftop on existing Library facility CUP by the Zoning Administrator
Central Library
Recreation)
and carports in existing parking (ZA) (HBZSO Chapter 213.06) and.
lots DRB (HBZZO Ch. 244)
Site 6: 18120 Goldenwest -
OS -PR
Carports covering existing parking CUP by ZA (HBZZO Ch. 213.06),
Sports Center
lots DRB (HBZZO Ch. 244)
Site 7: 7000 Norma Dr -
OS -PR
Rooftop on existing facility and CUP by ZA (HBZZO Ch. 213.06),
Murdy Center
carports in existing parking lot DRB (HBZSO Ch. 244)
Site 8: 14627 Springdale -
IL (Industrial Light) and SP11
On rooftop of two separate facility IL Permitted, DRB (HBZSO Ch.
Peck & Springdale
(McDonnell Centre Specific
buildings 244). SP11 requires Site Plan
Reservoirs
Plan)
Review
SP9 (Holly-Seacliff Specific
SP9: H Minor Utility uses
Site 9: 6401 Overlook -
Edwards Reservoir
Plan) Planning Area I
Planning Unit 1-2 -
On existing reservoir rooftop permitteedd within R zones, DRB
Residential Low Density1
(HBZZO Ch. 244)
Site 10: 19001 Huntington
PS
Rooftop on existing facility
DRB (HBZZO Ch. 244)
Street - Water Yard
building
Additional Notes:
* Carports proposed to be freestanding accessory structures
All construction must comply with applicable
built over existing parking lots and rooftop installations are
development Standards.
proposed to cover existing rooftops only in the most feasible
manner possible
All solar projects subject to CEQA analysis and
submittal of an environmental assessment
5. RFP and Bid Support
Proposer shall serve on the solar PPA RFP development committee consisting of 3-4 people,
Proposer shall respond to bidder's requests for information and serve on the solar PPA RFP bid
review and selection committee.
Surfnet Exhibit A
Deliverables, including but not limited to:
Bid review & selection committee
Evaluation committee
Owner's Design Review of PPA
provider
C. CITY'S DUTIES AND RESPONSIBILITIES:
1. Provide a project manager and assign a planning representative to provide information and
responses to requests for information and questions.
2. Place the review items on the appropriate agendas for Design Review Board, Planning
Commission, Staff and if necessary Council review.
3. Pay the properly substantiated invoices.
D. WORK PROGRAM/PROJECT SCHEDULE:
The project schedule shall commence after council approval of the contract, currently scheduled
for 1 /19/09. The duration for the first 4 tasks shall not exceed 7 months. The final task of RFP
and bid support shall be complete by 1 /31 /2011. The scope of work and schedule for this
contract shall be coordinated with the bond procedures and schedule to ensure a successful
project.
Surfnet Exhibit A
EXHIBIT "B"
Payment Schedule (Fixed Fee Payment)
1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee
set forth herein in accordance with the following progress and payment schedules.
2. Delivery of work product: A copy of every memorandum, letter, report, calculation
and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate
progress toward completion of tasks. In the event CITY rejects or has comments on any such
product, CITY shall identify specific requirements for satisfactory completion.
3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment
due. Such invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTANT's firm that
the work has been performed in accordance with the provisions of this
Agreement; and
E) For all payments include an estimate of the percentage of work completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making
satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall
approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the
invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an
invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the
schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the
parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or
until this Agreement has expired or is terminated as provided herein.
4. Any billings for extra work or additional services authorized in advance and in
writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the
information required above, and in addition shall list the hours expended and hourly rate charged for
such time. Such invoices shall be approved by CITY if the work performed is in accordance with the
extra work or additional services requested, and if CITY is satisfied that the statement of hours
worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any
dispute between the parties concerning payment of such an invoice shall be treated as separate and
apart from the ongoing performance of the remainder of this Agreement.
Surfnet Exhibit B
EXHIBIT B
Fixed Fee Payment
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ACORa- CERTIFICATE OF LIABILITY INSURANCE 7/1512009 1
THIS, CE.RTIF )CATE IS ISSUED AS A MATTER Of INFORMATION
ONLY AND CONFER$ 140 RIGHTS UPON THE'CERTIFICATE
KRONIOGAM INSURANCE AGENCY
HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
2814 Ca raino Dos Rios #409 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Newbury Park, CA 91320
-IJO-95 49�: �418
DIGITAL:ENERGY INC -
Jairam,Agaram
128 Auburn Court, Suite 106
WESTLAXE VILLAGE, CA 91362
[N'pk AS AF:RDING COVERAGE NAIC*
IPA nyF{J2aT 0 insurance ExchjkxiqLg
Farmers Insurance Exchanae
..........
COVERAGES
'HE POLIGIF13 OF INSWRANCI ISTED OtLOWHA;vT, REEN ISSUED Tlafllr INSURED NAWD ABOVE FQz4 €HF POiiCY PERMIDINDIGATED NOW.'ITHSTANPING
MY RFOUIROKNT, TERPA ORIONDIT',,,DN (11'. ANY :'�ONTRACI`,OR t,)TIIFR D0CJN4ENT 1111TH,'1E5FkGT TO Y"HICH T,118 MAY BE ISSUFF) OR
PANr PERTAIN, TW; INSURANCE AF YORDCL, SY THE P,*.11 Fir SCRIBED HEREIN 13 I55JEC, I
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Aggergate $2,000,000
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City of ffuntingtqn Evaacrx - Contral J- =trP [bVAIL 30 VSLrw79vow,ith�
Services Division
Attn: SAS. - Janet Lockhart Trkl.rr'NTI_
2000 Main Street
Huntington Beach, Ca 92648
aceaFazSrzoaf,Y� Bs RK KPONPOOEORPORATION 1988
Oa CERTIFICATE OF LIABILITY INSURANCE 0DATE 1/06/10 DtYY)
PRODUCER j THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P. O. Box 10550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Santa Ana, CA 92711-0550
714 427-6810 INSURERS AFFORDING COVERAGE
INSURED'..
INSURER A: American Automobile ins. Co.
Digital Energy, Inc.
INSURER B
128 Auburn Court, Suite 106
.......... —
INSURER C:
Westlake Village, CA 91362
-------.-_..---------_ .... ... _... _...... _.._.........
INSURER D:
INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH. THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR —� ;� -..... -... IDATE EFFECTIVE DATE IRATION LIMITS
LTR TYPE OF INSURANCE POLICY NUMBER lDDIYY
GENERAL LIABILITY EACH OCCURRENCE
S
COMMERCIAL GENERAL LIABILITY) AFIRE DAMAGE tAny one fire)
S ........ ._. .....
—_
CLAIMS MADE OCCUR 1 ) MED EXP (And ane person)
3
j PERSONAL & ACV INJURY
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GENERAL AGGREGATE
S
�GENT AGGREGATE LIM ITAPPLIES PER, j - I I PRODUCTS -COhAP OP AGG
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AUTOMOBILE LIABILITY COM@INED SINGLE LIMIT
....- t IEa accident)
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ALL OWNED AUTOS U��.,D TO FORM
SCHEDULED AUTOS E, - (Per person!
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- HIRED AUTOS ! 1 �CU.� A,.f,�T _ BC INJURY
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(Par accident)
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RETENTION a
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_TpRYLIF.LIMIT IITS
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EMPLOYERS' LIABILITY ! ,
E.L. EACH ACCIDENT
51,000,000
L. DISEASE - EA E 9PL OYEEI
$1 QOO,QOO
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s1,000,000
OTHER
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DESCRIPTION OF OPERATIONSILOCATIONSfVEHICLES!EXCLUSIONS ADDED BY ENDORSEMENTfSPECIAL PROVISIONS
City of Huntington Beach -
Central Services Division
2000 Main St.
Huntington Beach, CA 92648
SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WIC)tXft TO MAIL 30—DAYSWRITTEN
NOTMETOTHE CERTIFICATE HOLDER NAMED TOTHELEFT, bjR X
AUTHORIZED REPRESENTATIVE
ACORD 25S (7197)1 of 1 #S262897IM257688 TTH 0 ACORD CORPORATION 1988
WAIVER OF OUR RIOHT TO RECOVER FROM OTHERS ENDORSEMENT
This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different
date is indicated below.
(The following "attaching clause" needs to be completed only when this endorsement is issued subsequent to preparation of the policy.)
This endorsement forms a part of Policy No. WZ P 8 0 9 7 6 8 2 0
Issued to: Digital Energy, Inc.
By: American Automobile Ins. Co.
Premium (if any) TBD
We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our
right against the person or organization named in the Schedule. (This agreement applies only to the extent that you
perform work under a written contract that requires you to obtain this agreement from us).
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work
described in the Schedule.
The additional premium for this endorsement shall be 2-5% of the California workers compensation premium otherwise
due on such remuneration.
Schedule
Person or Organization
City of Huntington Beach -
Central Services Division
2000 Main St.
Huntington Beach, CA 92648
Job Description
WC 04 03 06 Countersigned by
(Ed. 4-84) Authorized Representative
NOT SPECIFIED /OTHER
ASSISTANCE AGREEMENT
1. Award No.
2. Modification No.
3. Effective Date
4. CFDA No.
DE-SCO003191
11/25/2009
81.128
5. Awarded To
6. Sponsoring Office
7. Period of Performance
HUNTINGTON BEACH, CITY OF
EERE (FORS)
11/25/2009
Attn: Aaron Klemm
U.S. Department of Energy
through
11/24/2012
2000 MAIN ST.
Office of Energy Efficiency & Renew
P.O. BOX 190
Forrestal Building
HUNTINGTON BEACH CA 926482708
1000 Independence Avenue, SW
Washington DC 20585
8. Type of Agreement
9, Authority
10. Purchase Request or Funding Document No.
0 Grant
Energy Independence and
103CO01295
❑ Cooperative Agreement
Security Act (EISA) of 2007
Other
11. Remittance Address
12. Total Amount
13. Funds Obligated
HUNTINGTON BEACH, CITY OF
Govt. Share: $1,767,800.00
This action: $1,767,800.00
2000 MAIN ST.
Cost Share $0.00
Total $1,767,800.00
P.O. BOX 190
Total $1,767,800.00
HUNTINGTON BEACH CA 926482708
14. Principal Investigator
15. Program Manager
16_ Administrator
Aaron Klemm, 714-536-5537
Martha J. Kass
Oak Ridge
Phone: 865-576-0717
U.S. Department of Energy
P.O. BOX 2001
Oak Ridge TN 37831
17. Submit Payment Requests To
18. Paying Office
19. Submit Reports To
OR for Oak Ridge/OSTI
See Reporting
U.S. Department of Energy
Requirements Checklist
Oak Ridge Office
Oak Ridge Financial Service Center
P.O. BOX 6017
Oak Ridge TN 37831
20. Accounting and Appropriation Data
Block Grant
21. Research Title and/or Description of Project
CITY OF HUNTINGTON BEACH, CA EECBG
For the Recipient
For the United States of America
22. Signatu '' r o uthorized to Sign
25. Signature of Grants/Agreements Officer
23. Namfi 4ndle t ��, 24.
AC3Mt�ry`F" r
Date Signed
26. Name of Officer
27. Date Signed
111,
W1 o 1
JUDITH S. WILSON
11/25/2009
NOT SPECIFIED /OTHER
NOT SPECIFIED /OTHER
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
CONTINUATION SHEET DE-SC0003191 2 1 2
NAME OF OFFEROR OR CONTRACTOR
HUNTINGTON BEACH, CITY OF
ITEM NO.
(A)
SUPPLIES/SERVICES
(B)
QUANTITY
(C)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F}
DUNS Number: 07814394E
TAS::89 0331::TAS Recovery
EECBG for Huntington Beach, CA
Administrative Specialist: Belynda Thompson
Telephone: 865-576-2362
Email: thompsonbj@oro.doe.gov
NOTE: Please ensure that all costs under Energy
and Sustainability Program Reporting, Outreach,
and Mapping are in accordance with the attached
OMB Circular A-87.
ASAP: Yes Extent Competed: NOT AVAIL FOR COMP
Davis -Bacon Act: YES
Delivery Location Code: 00522
Oak Ridge Office
U.S. Department of Energy
Oak Ridge Office
230 Warehouse Road
Oak Ridge TN 37830
Payment:
OR for Oak Ridge/OSTI
U.S. Department of Energy
Oak Ridge Financial Service Center
P.O. Box 6017
Oak Ridge TN 37831
Fund: 05796 Appr Year: 2009 Allottee: 30 Report
Entity: 471999 Object Class: 41000 Program:
1005115 Project: 2004350 WFO: 0000000 Local Use:
0000000 TAS Agency: 89 TAS Account: 0331
NOT SPECIFIED /OTHER
--_ ._ -� _
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CITY OF
ON BEACH
b4_ - T
Professional Service Approval Form
v x
PART I
Date: 12/21/2009 Project Manager Name: Aaron Klemm
Requested by Name if different from Project Manager:
Department: City Administration
PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE
COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY
ADMINISTRATOR, FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR
CONTRACT PROCESS. PART I MUST BE FILED WITH ALL APPROVED CONTRACTS.
1) Briefly provide the purpose for the agreement:
Large scale municipal solar feasibility, design, environmental review, entitlements and bid
support professional services agreement funded by ARRA EECBG funds
2) Estimated cost of the services being sought: $ $250,000
3) Are sufficient funds available to fund this contract? ® Yes ❑ No
4) Is this contract generally described on the list of professional service contracts approved by the
City Council? If the answer to this question is "No," the contract will require approval from the
City Council.) ❑ Yes ❑ No
5) Business Unit and Object Code where funds are budgeted: 80787001
6) Check below how the services will be obtained:
❑ A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted.
❑ MC 3.03.08(b) — Other Interagency Agreement procedure will be utilized.
❑ MC 3.03.98r Contract Limits of $30,000 or less exempt procedure will be utilized.
Department Head Signature
APPROVED9_ w DENIED ❑
City Agministrator's Signature
/l Director of Finance's Initials
Date
Date
Deputy City Administrator's Initials
�X CITY OF - iO, BEACH
Professional Service Approval Form
PART 11
Date- 11 /29/2009 Project Manager: Aaron Klemm
Requested by Name if different from Project Manager:
Department: City Administration
PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE
COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I
& 11 MUST BE FILED WITH ALL APPROVED CONTRACTS.
1) Name of consultant: Digital Energy
2) Contract Number: ADM
(Contract numbers are obtained through Finance Administration)
3) Amount of the contract: $ 250,000
4) Is this contract less than $50,000? ❑ Yes ® No
5) Does this contract fall within $50,000 and $100,000? ❑ Yes Z No
6) Is this contract over $100,000? ® Yes ❑ No
(Note: Contracts requiring City Council Approval need to be signed by the Mayor and
City Clerk. Make sure the appropriate signature page is attached to the contract.)
7) Were formal written proposals requested from at least three available qualified
consultants? ❑ Yes ❑ No
8) Attach a list of consultants from whom proposals were requested (including a contact
telephone number.)
9). Attach Exhibit A, which describes the proposed scope of work.
10) Attach Exhibit B, which describes the payment terms of the contract.
A �,_
Director of Finance (or designee) Signature
'EN
y
TAkoln"M -T",:� x
1�
'
:,
Solar Professional Services Bidder's list
Firm Name
(Address
,Phone
Digital Energy
1128 Auburn Court Ste. 106 Westlake Village, CA 91362
1805-374-1777
CTG Energetics
116 Technology Drive, Ste 109 Irvine, CA 92618
1 949-790-0010
LPA
�5161 California Ave, ste 100 Irvine, CA 92617
949-260-1190
Lionakis
20371 Irvine Ave. #120 Newport Beach, CA 92660
949-955-1919
Q3 Engineers
18672 Florida St. Ste 201A Huntington Beach, CA 92648
I714-465-4200
M+NLB
�530 Bush St. San Francisco, CA 94109
1415-362-3267
TMAD Taylor & Gaines
100 S. Anaheim Blvd. #150 Anaheim, CA 92805
714-490-5560
Think Energy
1110 Bonifant St. Ste. 210 Silver Spring, MD 20910
r301-589-9522
Abacus Project Management, Inc
120201 SW Birch St. Ste 240 Newport Beach, CA 92660
949-851-1015 x232
TRC Solutions
1123 Technology Irvine, CA 92618
949-727-7344
National Energy Solutions
10601 Calle Lee, Ste 190 Los Alamitos, CA 90702
I866-981-5031
Worley Parsons International
I222 East Huntington Drive Monrovia, CA 91016
I626-802-6320
r
INITIATING DEPARTMENT:
Administration
SUBJECT:
Professional services contract approval for solar
feasibility, design, environmental review, entitlements
and bid support
COUNCIL MEETING DATES
January 19, 2010
MCA ATTACHMENTS,
,
STATUS
Ordinance (w/exhibits & legislative draft if applicable)
Attached
❑
Not Applicable
❑
Resolution (w/exhibits & legislative draft if applicable)
Attached
❑
Not Applicable
❑
Tract Map, Location Map and/or other Exhibits
Attached
❑
Not Applicable
❑
Contract/Agreement (w/exhibits if applicable)
Attached
(Signed in full by the City Attorney)
Not Applicable
❑
Subleases, Third Party Agreements, etc.
Attached
❑
(Approved as to form by City Attorney)
Not Applicable
❑
Certificates of Insurance (Approved by the City Attorney)
Attached
❑
Not Applicable
❑
Fiscal Impact Statement (Unbudgeted, over $5,000)
Attached
❑
Not Applicable
❑
Bonds (If applicable)
Attached
❑
Not Applicable
❑
Staff Report (If applicable)
Attached
t Applicable
❑
Commission, Board or Committee Report (If applicable)
Attached
❑
Not Applicable
❑
Findings/Conditions for Approval and/or Denial
Attached
❑
Not Applicable
❑
EXPLANATIONI�F:O:R: MISSING ATTACHMENTS
M
Administrative Staff
Deputy City Administrator (Initial
City Administrator (Initial)
City Clerk
RCA Author: Aaron Klemm
City ®f Huntington Beach
2000 Main Street ® Huntington Beach, CA 92646
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
January 28, 2010
Digital Energy, Inc.
Attn: Jai Agaram
128 Auburn Court, Suite 106
Westlake Village, CA 91362
Dear Mr. Agaram:
Enclosed for your records is a duplicate original of the Professional Services Contract
Between the City of Huntington Beach and Digital Energy, Inc. for Municipal
Photovoltaic Solar Projects.
Sincerely,
JF:pe
Enclosure
G:fo11owup:agrmt1tr
Sister Cities: Anjo, Japan • Waitakere, New Zealand
( Telephone: 714-536-5227 )