Loading...
HomeMy WebLinkAboutK J KAMMERER & ASSOCIATES - 2006-07-07�CONTRACTS SUBMITTAL TO CITY CLERK'S OFFICE - a Pf O =i t To: JOAN FLYNN, City Clerk < Name of Contractor: K. J. Kammerer & Assoc. Purpose of Contract: For Example Audit Services or Water Quality Testing Huntington Lake — Huntington Central Park To perform an energy efficiency assessment Amount of Contract: $9,000 Copy of contract distributed to The original insurance certificate/waiver distributed ❑ Initiating Dept ❑ to Risk Management City Treasurer ❑ ORIGINAL bonds sent to Treasurer ❑ t Date: % Name/Ext nsion City Attorney's Office r ( / Y 7/7�0 r Zee. C!^t AtmrA PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ' K .� . KRMI`�E1ZEt2 � AsSoc.ipT�s FOR RN ENER�'f 6Fj:oi GI EN c -f ASS�SSM N THIS AGREEMENT ("Agreement") is made and entered into this day of 20 DD 6 , by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and .1. KkfiY nE?45e.-% AsSoG)A i Cs a 5oLE ?2oVRIE- O[2( hereinafter referred to as "CONSULTANT " y WHEREAS, CITY desires to engage the services of a consultant to I ►N EmE"'y Z-!rf ) GIT--OJc `( hs t s5M E N'r , 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 SERVICE 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 K.)Kr- rn mere-,, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement agree/forms/profsery 10/15/01-A I 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 as soon as practicable after the execution of this Agreement by CITY (the "Commencement Date") This Agreement shall expire on L)-, (JLr. k_,, 3) -A Z066, unless sooner terminated as provided herein All tasks specified in Exhibit "A" shall be completed no later than (dp �c. u s from the Commencement Date of this Agreement These times may be extended with the written permission of CITY 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 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 tJIN -TRO U-5 A rV-0 Dollars ($ R,OOp,C C) 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 such work only after receiving written authorization from CITY Additional agree/forms/profsery ] 0/ 15/01-A 2 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 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 agree/forms/profsery 10/ 15101-A approve selection of CONSULTANT's counsel This indemnity shall apply to all claims and liability regardless of whether any 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, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY 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 peifornled in connection with this Agreement agree/forms/protsery 10/15/01-A 4 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 shall 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 heremabove 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 CONSULTANT shall secure at its own cost and expense, and be responsible for any and agree/forms/profsery 10/ 15/01-A 5 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 agree/forms/profsery 10/ 15/01-A 6 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 H tmgton Beach ATTNv 2000 Main Street Huntington Beach, CA 92648 17 CONSENT TO CONSULTANT �6 �✓a,c 607 3$ 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 a.ree/forms/protserv10/15101-A 7 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 agree/forms/protserv10/15/01-A 8 which is hereby affected shall be 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 party 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 !s 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, agree/forms/protsery10/ 1 5/01-A 9 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 non -prevailing party 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 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 supercede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof agree/forms/protsery 10/ 15/01-A 10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written CONSULTANT, CITY OF HUNTINGTON BEACH, �, �• 4wMoa&t fA-gr4G• IAIC• a municipal corporation of the State of California print ITS (circle o Chairman/President/ cc President 2-M AND AM print name ITS (circle one) Secretary/Chief Financial Officer/Asst Secretary — Treasurer agree/foims/profservl0/15/01-A I I APPROVED AS TO FORM r I7 1ty Atto ey REVIEW D APPROVED Z� L C>ty mm>strator (only for con cts $50, 000 00 and over) 1 EXHIBIT "A" A STATEMENT OF WORK. (Narrative of work to be performed) Conduct and energy efficiency assessment of City facilities (See Table 1 below) and prepare a draft report including • Energy efficiency and demand response opportunities, Including, but not limited to lighting, HVAC, pumping, office equipment, appliances, etc • Cost, energy savings, energy cost savings, and utility rebate programs • Recommended steps for pursuing energy projects, Including potential financing programs TABLE 1 CITY FACILKITIES TO BE AUDITED ,.,, �s .y. " Description, 3x arA "" `.;�. Other �6 �' �, Service+�0.titlress4 CityHall Civic Center 2000 MAIN ST Central Library Central Park Substation 7111 Talbert Ave City Yard Maintenance Yard 17371 GOTHARD ST JPTC Fire Station 18301 GOTHARD ST Murdy Community Center 7000 NORMA DR Lifeguard Headquarters Lifeguard 103 COAST HWY City Gym Community Center 1600 PALM AVE Murdy Fire Fire Station 16221 GOTHARD ST Gothard Fire Fire Station 18311 GOTHARD ST Art Center Community Center 538 MAIN ST Edison Community Center 21377 MAGNOLIA ST Graham Library LibrarV 15882 GRAHAM ST Oakview I Library 17261 OAK LN B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1 Conduct audit of facilities in Table 1 2 Conduct detailed analysis of energy usage and efficiency 3 Prepare draft report and recommendations 4 Receive City comments, prepare final report C. CITY'S DUTIES AND RESPONSIBILITIES: 1 Provide KJK&A access to facilities to conduct facility audits j np/contracts group/exA/6/23/06 EXHIBIT "A" 2 Provide KJK&A utility consumption and demand data 3 Provide KJK&A answers to questions as needed to clarify issues and data needs D. WORK PROGRAM/PROJECT SCHEDULE: Task Completion Date (Note 1) Complete Facility Audits July 29, 2006 Draft Report and Recommendations August 19, 2006 Final Report and Recommendations Within 2 Weeks of Receiving City Comments Note 1 Completion Dates assume a signed contract by July 1, 2006 jmp/contracts group/exA/6/23/06 EXHIBIT "B" Payment Schedule Payment for services will be made based on milestones as follows Task Payment Associated with Milestone Complete Facility Audits and Submit Draft Reports to City for Comment 1 $6,000 1 Complete Final Report and Recommendations (incorporating $3,000 comments, questions and requests for clarification or more information received by City) Payments are all inclusive (labor, travel and materials) Materials include electronic and three (3) bound copies of final report jmp/contracts group/exB-1/6/19/06 1 EXHIBIT B Alternative #1 sU INSURANCE AND INDEMNIFICATION WAIVER H, MODIFICATION REQUEST Hunb ` Beach , 1 Requested by Paul Emery 2 Date July 3, 2006 3 Name of contractor/permittee K J Kammerer & Associates Inc 4 Description of work to be performed Energy Efficiency Audit 5 Value and length of contract $9,000 and 60 days 6 Waiver/modification request Professional Liability Insurance 7 Reason for request and why it should be granted Advisory opinion only, no risk of damage or loss 8 Identify the risks to the City in approving this waiver/modification N/A /� J, Z� -� hbL epart ent Head lgnature tate � " 't "3'� 9isx � 3' x 9s�j ' ^A' 3 'ti � as ` Approvals must be obtained m the order listed on this form��Two approvals are required for a request to be granted" Approval from the City Administrator's Office is onlyrrequired if Risk Managerrient and the City Attorneys`Office°'disagree 1. Risk Management Approved ❑ Denied Signature Date 2. City Attorney's Office ❑ Denied ► ► 1 /;D-Approved Signature Date 3. City Administrator's Office Approved El Denied j Signature Date If approved, the�completedwaiver/modification request is to be submitted to;;thea', -City=Attorne,y,'s`Office along with the'contractrfor approval Once,thelcontract has been approved,, _-,, 3�;thisaform is to be filed'vJith the RiskManagement Division of Administrative Services, . Document1 7/3/2006 9 49 AM s�1 6 PROFESSIONAL SERVICE CONTRACTS 13 },u„r ,&achy, PURCHASING CERTIFICATION 1. Requested by Paul Emery 2. Date June 19, 2006 3. Name of consultant K J Kammerer & Associates Inc 4. Attach the written statement of the specification, conditions and other requirements for the requested services that was provided to solicted consultatnts in your answer to 11 of this form 5. Amount of the contract $9,000 00 6. Are sufficient funds available to fund this contract?' ® Yes, ❑ No 7. Company number and object code where funds are budgeted 100.85101 8. Is this contract generally described on the list of professional service contracts approved by the City Council'? ® Yes, ❑ No 9. Is this contract within $25,000 or 25% (whichever is less) of the amount stated on the list of professional service contracts approved by the City Council?' ® Yes, ❑ No 10. Were (at least) informal written proposals requested of three consultants? ❑ Yes, ® No 11. Attach list of consultants from whom proposals were requested (including a contact telephone number) 12. Attach proposed scope of work 13. Attach proposed payment schedule IC ARD AKIADRIL, Manager Purchasing/Central Services ' If the answer to any these questions is "No," the contract will require approval from the City Council Documentl 6/19/2006 1 58 PM