HomeMy WebLinkAboutAtkins North America; 2014-12-19; PEM1163PEM1163
AGREEMENT FOR ENERGY EFFICIENCY CONSULTING SERVICES
ATKINS NORTH AMERICA
THIS AGREEMENT is made and entered into as of the l^^t^ day of
•Dgggm^ef^ 20_/f£_, by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and ATKINS NORTH AMERICA, a Florida corporation, ("Contractor").
RECITALS
City requires the professional services of a planning consultant that is experienced in
climate change planning. Contractor has the necessary experience in providing these
professional services, has submitted a proposal to City and has affirmed its willingness and ability
to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein. City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in Exhibit "A", attached and incorporated by this reference in
accordance with the terms and conditions set forth in this Agreement.
2. TERM
This Agreement will be effective for a period of one (1) year from the date first above written.
3. COMPENSATION
The total fee payable for the Services to be performed will be ten thousand dollars ($10,000). No
other compensation for the Services will be allowed except for items covered by subsequent
amendments to this Agreement. City reserves the right to withhold a ten percent (10%) retention
until City has accepted the work and/or the Services specified in Exhibit "A."
4. STATUS OF CONTRACTOR
Contractor will perform the Services as an independent contractor and in pursuit of Contractor's
independent calling, and not as an employee of City. Contractor will be under the control of City
only as to the results to be accomplished.
5. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including reasonable
attorneys fees arising out of the performance of the work described herein caused by any
negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone
directly or indirectly employed by any of them or anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
compensation is included as a loss, expense or cost for the purposes of this section, and that this
section will survive the expiration or early termination of this Agreement.
City Attorney Approved Version 1/30/13
PEM1163
6. INSURANCE
Contractor will obtain and maintain policies of commercial general liability insurance,
automobile liability insurance, a combined policy of workers' compensation, employers liability
insurance, and professional liability insurance from an insurance company authorized to
transact the business of insurance in the State of California which has a current rating in the
Best's Key Rating guide of at least A-:VII OR with a surplus line insurer on the State of
California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key
Rating Guide of at least "A:X", in an amount of not less than one million dollars ($1,000,000)
each, unless otherwise authorized and approved by the Risk Manager or the City Manager.
Contractor will obtain occurrence coverage, excluding Professional Liability, which will be
written as claims-made coverage. The insurance will be in force during the life of this
Agreement and will not be canceled without thirty (30) days prior written notice to the City by
certified mail. City will be named as an additional insured on General Liability which shall
provide primary coverage to the City. Contractor will furnish certificates of insurance to the
Contract Department, with endorsements to City prior to City's execution of this Agreement.
7. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report
investments or interests in all four categories.
8. COMPLIANCE WITH LAWS
Contractor will comply with all applicable local, state and federal laws and regulations
prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad
Business License for the term of this Agreement.
9. TERMINATION
City or Contractor may terminate this Agreement at any time after a discussion, and written
notice to the other party. City will pay Contractor's costs for services delivered up to the time
of termination, ifthe services have been delivered in accordance with the Agreement.
10. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing
of false claims as set forth in the California False Claims Act, Government Code sections
12650, et sag., and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further
acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to
terminate this Agreement.
11. JURISDICTIONS AND VENUE
Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any
disputes between the parties arising out of this Agreement is the State Superior Court, San
Diego County, California.
12. ASSIGNMENT
Contractor may assign neither this Agreement nor any part of it, nor any monies due or to
become due under it, without the prior written consent of City.
13. AMENDMENTS
This Agreement may be amended by mutual consent of City and Contractor. Any amendment
will be in writing, signed by both parties, with a statement of estimated changes in charges or
City Attorney Approved Version 1/30/13
time schedule.
14. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority
to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR CITY OF CARLSBAD, a municipal
corporation of the State of California
1960
•..^OR<0t4'''' /
Patrick Thomas
ayor or Director
Kenneth J. Burns, Jr.
Senior Vice President
Atkins North America, Inc.
ATTEST:
(sign here) BARBARA ENGLESON
City Clerk
Rene de los Rios
Assistant Secretary
Atkins North America, Inc.
If required by City, proper notarial acknowledgment of execution by contractor must be
attached. If a corporation. Agreement must be signed by one corporate officer from each of the
following two groups:
Group A.
Chairman,
President, or
Vice-President
Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
Assistant City Attorney
City Attorney Approved Version 1/30/13
NOTARY ACKNOWLEDGEMENT
STATE OF COLORADO
COUNTYOF DENVER
PERSONALLY
Kenneth J. Bums. Jr.
APPEARED before me, the undersigned authority,
, well known to me or who has produced
as identification and known
by me to be the Senior Vice President of the corporation named above, and
acknowledged before me that he executed the foregoing instrument on behalf of said corporation as
its true act and deed, and that he were duly authorized to do so.
WITNESS my hand and official seal this 25th day of November, 2014.
HEATHER L BROWNING
NOTARY PUBLIC, STATE OF COLORADO
My Comm. Expires Jun. 5, 2016
NOTARY PUBLIC
Print Name: M^^Jixr-L. ^inor^i'sA
My Commission Expires: Q j^/
NOTARY ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF MIAMI-DADE}
PERSONALLY APPEARED before me, the undersigned authority,
Rene de los Rios , well known to me or who has produced
as identification and known
by me to be the Assistant Secretary of the corporation named above, and
acknowledged before me that he executed the foregoing instrument on behalf of said corporation as
its true act and deed, and that he was duly authorized to do so.
WITNESS my hand and official seal this 1st day of December, 2014.
sP'i-^-: DEBORAH LYNN SHIMEL
f*: A MY COMMISSION # FF 036524
H^^M EXPIRES:NovemberlS,2017
'"'^•^,'0^ BondetJ Thra Nolaiy Public Underwriters
NOTARY PUBLIC
Print Name: Deborah Lynn Shimel
My Commission Expires: Nov. 13, 2017
PEM1163
EXHIBIT "A"
SCOPE OF SERVICES
Proposal to assess existing energy efficiency efforts and develop prioritization
plan for the City of Carlsbad energy efficiency efforts
Atkins proposes to provide technical expertise to the City of Carlsbad (City) in assessing and evaluating current
policies and programs for municipal energy efficiency efforts. This will include analysis of the City's approach to
implementation of municipal retrofits projects, including those identified in the Carlsbad Energy Roadmap and/or
Climate Action Plan, how these and associated policies and programs are approached, whether they have met stated
milestones, what the associated energy savings of relevant projects is projected to be and how approaches can be
refined to make operations more effective. Atkins will develop recommendations to maximize this effort for energy
minimization and mitigation. Atkins will develop an energy efficiency policy memorandum that will include the
recommendations for energy minimization and guide efforts in greenhouse gas (GHG) minimization and mitigation.
The energy efficiency policy memorandum will focus on increasing effectiveness of energy and GHG minimization,
propose methodology to use in assessing progress, and staff involvement needed to implement the recommendations.
This will be accomplished through the following two tasks.
Task 1.1 Desktop review and assessment of existing sustainability efforts
Atkins will conduct a facility energy analysis and develop recommendations for energy minimization and mitigation.
This includes performing a desktop review of existing City sustainability plans, policies, and activities; developing a
comprehensive list of existing efforts, estimating energy and greenhouse gas (GHG) savings to-date, and potential
energy and GHG savings of fiiture efforts (as described in existing documents or provided by the City); and
synthesizing efforts in a memorandum. Atkins will provide a draft document and integrate City comments into a final
document. Attendance of up to 2 in-person meetings and 6 teleconferences is anticipated.
Task 1.2: Create and adopt energy efficiency policy to guide GHG minimization and
mitigation efforts.
Atkins will assist the City in developing a policy or other guidance document that provides the overarching framework
for implementing municipal energy efficiency efforts. The policy will provide enough detail to be effective for guiding
staff in implementation efforts but flexible enough to allow for new information. Atkins will draft a policy, which will
include recommendations for future energy efficiency implementation (timing and prioritization) efforts and the level
of staff involvement necessary to implement measures. Atkins will incorporate 2 sets of comments into a revised draft
and final draft, and assist City staff in presenting the policy for adoption. Attendance of 1 in-person meeting with staff
6 teleconferences, and attendance of a City Council meeting is anticipated.
City Attorney Approved Version 1/30/13
Cost Summary
Project Director Rate: $225
Project Manager / Senior Climate Change Specialist Rate: $165
PEM1163
Task Number PD Hours PM Hours Analyst Hours Cost
Rate $225 $165 $80
Task 1.1 1 16 24 $4,680
Task 1.2 2 20 20 $5,350
Total $9,970
The work will be completed on a time-and-materials basis, with a not-to-exceed amount of $10,000.
City Attorney Approved Version 1/30/13