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HomeMy WebLinkAboutStaff Report 5.A 10/17/2005CITY OF PETALUMA, CALIFORNIA A 5.A GENllA BILL October 17 2005 Agenda Title: Discussion and Possible Direction to Authorize the Meetine Date: October 17, 2065 City Manager to Enter into an Agreement with Resource Performance Partners, Inc. for the Development of a Green Building Program for the City of Petaluma Meeting Time: ® 3:00 PM ❑ 7:00 PM Cateeory (check one): ❑ Consent Calendar ❑ Public Hearing ® New Business ❑ Unfinished Business ❑ Presentation Department: Director: Contact Person: Phone Number: Community Mike Moog$ j f }� Mike Moore 707-778-4301 Development I 1 Cost of Proposal: $84,150 Amount Budgeted: $183,000 Attachments to Agenda Packet Item: Account Number: 6000-54110 Name of Fund: General 1) Draft Scope of Work from Resource Performance Partners 2) Resolution Authorizing the City Manager to Enter into an Agreement with Resource Performance Partners Summary Statement: Over the past several years, the City Council has talked about implementing a Green Building Program for the City. Resource Performance Partners has been instrumental in the creation and implementation of the Green Building Program already established by the City of Santa Rosa. A number of Bay Area cities and counties have already adopted Green Building programs and most are based on a similar set of data, analysis and resources. Rather than starting from scratch, we can utilize work that has already been done to establish the foundation of the program. The consultant assistance is necessary to supplement available staff resources and focus on actual implementation. Resource Performance Partners is a Petaluma -based consulting firm that already has extensive experience and expertise in implementing Green Building Programs, most recently in Santa Rosa. In addition, they have established contacts with other leading consultants in the Green Building Program field who can assist Petaluma with its efforts, as well as cover the cost of those services through available state grant funding. It is possible that a significant portion of the $84,150 cost of this project could be covered through grants; however, because of the timing of the grant process, we are requesting that the City Council allocate the entire amount at this time so we can get the project underway upon authorization to proceed. Recommended Citv Council Action/Sueeested Motion: Adopt the attached Resolution Reviewed by Admin. Svcs. Dir:Re newW rnev: Approved v Citv Manager: ate: �o/p C0 Date: 6-1 'iy�,lnc.�' 1 Todav's Date: Revision # and Date Revised: File Code: October 6, 2005 # CITY OF PETALUMA, CALIFORNIA OCTOBER 17, 2005 AGENDA REPORT FOR Discussion and Possible Direction to Authorize the City Manager to Enter into an Agreement with Resource Performance Partners, Inc. for the Development of a Green Building Program for the City of Petaluma EXECUTIVE SUMMARY: Over the past several years, the City Council has talked about implementing a Green Building Program for the City. Resource Performance Partners has been instrumental in the creation and implementation of the Green Building Program already established by the City of Santa Rosa. A number of Bay Area cities and counties have already adopted Green Building programs and most are based on a similar set of data, analysis and resources. Rather than starting from scratch, we can utilize work that has already been done to establish the foundation of the program. The consultant assistance is necessary to supplement available staff resources and focus on actual implementation. Resource Performance Partners is a Petaluma -based consulting firm that already has extensive experience and expertise in implementing Green Building Programs, most recently in Santa Rosa. In addition, they have established contacts with other leading consultants in the Green Building Program field who can assist Petaluma with its efforts, as well as cover the cost of those services through available state grant funding. It is possible that a significant portion of the $84,150 cost of this project could be covered through grants; however, because of the timing of the grant process, we are requesting that the City Council allocate the entire amount at this time so we can get the project underway upon authorization to proceed. 2. BACKGROUND: Green Building Programs have been developed in response to a growing movement by local governments, the development community and many other community interests to address resource conservation, environmental degradation and economic sustainability through comprehensive design and development standards for new commercial and residential structures. There are many examples of well-established and successful Green Building Programs around the country that have resulted in a new way of thinking about building design, construction practices and on-going building operations and maintenance. Even though our intention was to include a Green Building Program as part of the City's comprehensive development code update, we have an opportunity to take advantage of available grant funds and consultant expertise by moving forward now. The implementation process outlined in the attached Scope of Work will include outreach to and input from various stakeholder groups modeled after the successful implementation efforts in Santa Rosa. ALTERNATIVES: The Council may choose to postpone this effort to a later date; however, we could not be assured of the availability of grant funding or commensurate consultant expertise if we pursue this sometime in the future. In-house staff does not have the time or expertise in critical areas to effectively implement the Green Building Program as proposed. 4. FINANCIAL IMPACTS: It appears from the information provided by Resource Performance Partners in the attached Scope of Work that up to $35,550 may be available through the grant program from the California Public Utilities Commission (CPUC). Additional grant funding may be available beginning in 2006. Community Development has $183,000 budgeted for the City's development code update project. In order to move forward now and improve our chances for grant funding, we would recommend allocating a portion of the available development code funds for this project. 5. CONCLUSION: This is an opportunity to move forward on an important component of the City's development code and will supplement the Council's recent policy initiatives in the areas of greenhouse gas emissions, solar and water conservation. 6. OUTCOMES OR PERFORMANCE MEASUREMENTS THAT WILL IDENTIFY SUCCESS OR COMPLETION: The principal outcome will be the adoption and implementation of a Green Building Program. RECOMMENDATION: Adopt the attached Resolution. September 13, 2005 Mr. Michael Moore, Director Community Development Department City of Petaluma P.O. Box 61 Petaluma, CA 94952 Dear Mike: In response to your recent request, I am pleased to provide this draft proposal outlining consulting services that Resource Performance Partners, Inc. (RPP) will provide to the City of Petaluma to develop a Green Building program. Momentum for adopting green building practices has been building both nationally and locally, with Santa Rosa, Sebastopol, Cotati, Novato, San Francisco, Berkeley, Oakland, San Jose and others already establishing city-wide programs. This is a good time to be entering the green building arena, as Petaluma will be able to draw from successes and lessons learned by these and other programs around the Bay Area, and share in many of the resources that have already been created. About Green Building Green Building is the use of design and construction practices and materials that deliver improved performance over conventional building practices in the areas of: • energy and water consumption; • efficient use and recycling of materials; • greenhouse gas emissions, solid waste generation and other environmental impacts; • indoor air quality; • durability and ease of maintenance; • integration with existing and planned local and regional infrastructures, such as transportation, schools, parks, natural features, and so forth; and, • long-term property values. "Green" buildings are generally more comfortable, more efficient, more cost-effective, and healthier than conventionally designed and constructed buildings. A Green Building Program benefits many constituents, including: The Community - by more efficient use of water, energy and materials; improved land use; better indoor air quality, and greater home quality (and therefore, value). Builders — through use of green building practices to deliver a higher quality product, increase customer satisfaction, and create differentiation in the marketplace. Local Utilities - by reducing incremental load growth, the effective capacity of existing energy, water, wastewater, and even transportation infrastructure will be expanded. They also benefit by reduced uncollectibles (due to the lower utility bills), improved compliance with regulations for public benefits programs and recognition as environmental stewards. Mr. Michael Moore, page 2 September 13, 2005 City of Petaluma - by keeping more money in the local community, (via utility and operating cost savings for taxpayers and occupants), reducing environmental pollution, conserving important natural resources, improving public health and safety via better indoor air quality, improving the quality of the local housing stock, enhancing relationships with the building industry, and supporting a better quality of life to Petaluma citizens. Importantly, a green building program also supports the City's recent commitment to Greenhouse Gas emission reductions. Environmental Organizations - from improved stewardship of natural resources and more positive relationships with both the local government and the building industry. Building Owners and Occupants - by getting buildings that are less expensive to maintain and operate, more comfortable and healthier to live in, and have increased future resale value while providing the satisfaction of knowing that the building has been built in a more environmentally responsible way. Project Deliverable The overall deliverable for this phase is an up -and -running Green Building Program that reflects the City's commitments to responsible development and environmental stewardship, and is integrated into the Community Development Department's operations. RPP's scope of work to produce this deliverable has three components or steps: 1. Development of a Green Building Program Implementation Plan which outlines all of the necessary elements required for a successful voluntary program; 2. Program implementation guidance and assistance, which includes: a. Creation and documentation of necessary educational resources, procedures, forms and templates (using existing resources as much as possible—see below); b. Training and consultation on green building and program implementation to city staff; c. Facilitation of the stakeholder engagement process, which will include local building professionals (architects, builders, developers, tradespersons, etc), realtors, consumers, environmental groups, and others; d. Serve as liaison with other local and state green building associations and working groups, to form advantageous partnerships, take advantage of existing resources and lessons learned; 3. Provide continued strategic organizational and technical assistance to City staff during and immediately after program launch (including research, problem -solving, etc.) and to local developers, builders, consumers and others to assist them in adopting green building practices and to maximize participation in the program. Our Approach — Leverage and Adapt Existing Resources for Petaluma Central to a robust green building program will be development of the green building marketplace. This will require that new home buyers and home remodelers become aware of and desirous of the benefits of green buildings; the local building industry is informed and ready to meet the consumer demand, and the City of Petaluma is prepared to recognize and support green building practices. This, in turn, requires a strong outreach and education effort on the part of the green building program that includes professional and consumer resources such as brochures, case studies, fact sheets, resource lists, educational seminars, a "green home" certification system, a web presence, media advertising, trade shows, and networking. Fortunately, versions of many of these needed resources have already been developed elsewhere and can be adapted for use by Petaluma's green building program. Our aim is to utilize and leverage these resources as much as possible to minimize development and consulting costs to the City. Proposal to Develop Green Building Program - DRAFT Mr. Michael Moore, page 3 September 13, 2005 In addition, we will be drawing upon the expertise and experience of our consulting associates at "What's Working," national leaders in development of green building programs, and the many templates, materials and other resources they have created for Alameda County Waste Management Authority green building program and Bay Area Build It Green (BIG). We will receive considerable consulting assistance from What's Working senior consultants at no cost, at least through the end of this year, under a California Public Utility Commission grant administered through the Build It Green program. (BIG actually grew out of the work done by What's Working consultants.) I have worked with these consultants for the past few years in developing the Santa Rosa Green Building Program, and elsewhere; we have a strong, collaborative working relationship. Resource Performance Partner's role in this project will be as the primary consultant and contact for the City of Petaluma, coordinating with What's Working consultants and others to ensure smooth and timely development of the program. In addition to those elements listed above, our role will include review and customizing of existing resources and templates to fit with the City's specific requirements and goals, developing new resources where needed, and working closely with City staff to embed the program within the City's infrastructure and processes in a workable way. From conversations with you, we understand that City staff time is very limited. While close collaboration and coordination with staff will be essential for success, we anticipate that our firm will provide the bulk of research, design and development work to put the program together, under your guidance. Our timeframe and fee structure is based upon this assumption. Timeframe Assuming no unanticipated scheduling or staff availability delays with the City of Petaluma, our estimated timeframe for producing the deliverables outlined above is as follows: 1. Development of a Green Building Program Implementation Plan: 90 days from commencement of agreement. 2. Program implementation guidance and assistance: 4 months from completion of implementation Plan (#1, above). 3. Continued strategic organizational and technical assistance: 6 months from completion of green building program implementation (#2, above). City of Petaluma and RPP both recognize that, due to scheduling difficulties and unforeseeable factors, the timetable outlined herein for accomplishing various tasks is approximate. In the event of unforeseen or extraordinary circumstances such as strikes, restructuring or other organizational changes of City of Petaluma or natural disasters, both parties agree that this Agreement shall be automatically extended accordingly unless otherwise agreed in writing. Notwithstanding the foregoing, both parties hereby acknowledge that time is of the essence with respect to the performance and success of this engagement Agreement. Fees & Expenses Total Project Fees are $84,150 of which up to $35,550 may be provided free of charge to City of Petaluma by the consulting firm "What's Working," operating under a CPUC grant which lasts through December 31, 2005. After December 31 n it is possible that a similar arrangement may apply under a new grant administered by Bay Area Build It Green, however this is not confirmed at this time. If a similar arrangement does apply next year, then we would expect that all remaining services provided by What's Working would be essentially free to the City of Petaluma. However, if such an arrangement does not come through, those remaining fees incurred by What's Working after December 31, 2005 would be payable by the City. Proposal to Develop Green Building Program - DRAFT Mr. Michael Moore, page 4 September 13, 2005 In other words, actual fees payable by City of Petaluma to What's Working will depend on two factors: 1. The proportion of professional services provided by What's Working through December of this year, and; 2. The status of CPUC grant funding made available to cover What's Working services in 2006. Assuming project commencement by October 31, 2005 (based on Timeframe, above), we would expect that all of Step #1 (Development of Implementation Plan) would be complete, along with perhaps 50% of Step #2 (Program Implementation). This would account for roughly $20,000 of CPUC -paid services from What's Working (or about 56% of the total fees for What's Working). This assumes no unusual delays or City staff availability constraints (bearing in mind holiday season schedules from late November through December). Fees for What's Working's services which are incurred in 2006 and are not covered by a similar grant, shall be paid to What's Working in full by City of Petaluma upon invoice, which shall be provided monthly. Summary of Fees & Pavments Of the total project fees of $84,150 the total payable by City of Petaluma to Resource Performance Partners is $48,600, payable as follows: $10,000 payable upon execution of this agreement; $10,000 payable upon completion of Implementation Plan (Step 91), upon invoice; $14,000 payable upon completion of Program Implementation (Step #2), upon invoice; Balance of $14,600 payable as ongoing support services are delivered, upon invoice. Reimbursable Exoenses In addition to fees for services, RPP shall be reimbursed for all out-of-pocket expenses, travel and accommodation, event -related costs (room rental, food, materials, etc.), production costs, long-distance phone charges, and other related expenses incurred in relation to providing the services described herein. About the RPP Team I have been an active member of the core program development team and executive committee of the Santa Rosa Green Building program since its inception, and am familiar with the entire process of designing and implementing a municipal green building program. I have spent the past 20 years designing and facilitating multi -stakeholder collaborative projects and consulting to organizations and government agencies on collaborative performance improvement, the past four years of which have been focused on cost-effective environmental and social performance. My colleague, Ned Orrett, P.E., (a civil engineer and ecologist by education), has been working in the fields of energy efficiency, water efficiency and public policy related to sustainable development for more than 30 years. Marc Richmond and David Johnston, senior consultants with What's Working (www.whatsworking.com), will be working with us on this project. Marc Richmond has been involved in the construction industry and consulting on green buildings for over 15 years, the past seven of which he was with the Austin Energy Green Building Program, the oldest and largest such program in the country. Marc led the development of the Santa Rosa Green Building Program. David Johnston is a much sought after lecturer and keynote speaker on green building, and a former award winning builder, himself. He has received numerous awards for his work, and is author of "Building Green in a Black and White World" and co-author of the award-winning new book "Green Remodeling: Changing the World One Room at a Time." Proposal to Develop Green Building Program - DRAFT Mr. Michael Moore, page 5 September 13, 2005 ADDITIONAL TERMS In addition to the foregoing, the parties hereby agree as follows: Effective Date The effective date of this Agreement shall be the date this proposal/letter agreement is signed by City of Petaluma. Renegotiations and Adjustments Modifications to this Agreement may only be made by mutual consent of the parties, but in any event, no modifications or claimed waiver to any provisions hereof shall be valid unless in writing and signed by both parties. Termination Either party may terminate the Agreement with or without cause at any time, upon sixty days written notice to the other party. Any termination will not affect certain provisions of this Agreement including payment of fees, reimbursable expenses and indemnification, which shall continue in full force and effect in accordance with their terms, with respect to obligations incurred or actions taken prior to termination. Indemnification In connection with any services that RPP and its employees, agents and representatives might render to City of Petaluma, City of Petaluma shall indemnify, protect, defend and hold harmless RPP and its employees, agents and representatives from and against any and all losses, claims, damages, expenses, costs or liabilities (including any legal or other expenses reasonably incurred by them in connection with investigating, preparing to defend, or defending any lawsuits, claims, or other proceedings), arising as a result of the performance of the services to be rendered pursuant to this Agreement including, but not limited to, actions brought by City of Petaluma's employees. City of Petaluma hereby holds harmless and releases RPP and its employees, officers and directors, and agents from any and all damages and consequences that may arise in the course of RPP's work with City of Petaluma. Limitation of Liability Notwithstanding anything to the contrary contained in this Agreement, RPP's liability under this Agreement shall in no event exceed the amount actually received by RPP pursuant to this Agreement. IN NO EVENT SHALL RPP BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF RPP HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Resolving Disputes Both parties agree that they will use their best efforts to resolve through direct conversation any disputes that may arise under this Agreement. In the event that they are notable to resolve a dispute to their mutual satisfaction, the parties agree to participate in good faith non-binding mediation in accordance with the applicable rules and procedures for mediation and procedures for mediation established by the American Arbitration Association ("AAA") then in effect. The mediation shall be held in Sonoma County. If the dispute is not resolved through such mediation, the dispute shall be resolved by arbitration. The arbitration shall be held in Sonoma County and, except as provided herein, shall be conducted in accordance with applicable rules and procedures established by the AAA. The expenses of arbitration (other than attorneys' fees) shall be paid as determined by the Arbitrator. The prevailing party shall be entitled to recover its costs and reasonable attorneys' fees and expenses. Any result reached by the Arbitrator shall be final and binding on all parties to the arbitration, and no appeal may be taken. Any party to any award rendered in such arbitration proceeding may seek a judgment upon the award and that judgment may be entered thereupon by any court having jurisdiction. Proposal to Develop Green Building Program - DRAFT Mr. Michael Moore, page 6 September 13, 2005 Attorneys' Fees If any action is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and expenses in addition to any other relief to which such prevailing party may be entitled. Applicable Law This Agreement shall be governed and construed in accordance with the laws of the State of California excluding that body of law pertaining to conflict of laws. The parties agree that the exclusive jurisdiction and venue of any action with respect to this Agreement shall be Sonoma County, California. Assignment This Agreement may not be assigned by either party without the other party's prior written consent. Severability If any provision of the Agreement is invalid, illegal, or incapable of being enforced by reason of any rule of law, statute, regulation, or public policy, then the valid, legal or otherwise appropriate part of such provision and all other provisions of the Agreement shall nevertheless remain in full force and effect. Entire Agreement This Agreement supersedes any and all prior agreements and understandings, whether written or oral, and constitutes the entire agreement and understanding between City of Petaluma and RPP regarding the specific scope of work outlined in the attached letter agreement. In the event of multiple scopes of work (each represented by a separate letter agreement), the terms and conditions of this Addendum shall govern the relationship of the parties, except where specifically set forth otherwise in other letter agreements. Notices All notices shall be given in writing, and shall be presumed given or made to the other party either if served personally or if transmitted by facsimile, provided also deposited in the United States mail. If such notice is served personally, or by fax, without also being deposited in the United States mail, service shall be conclusively deemed made at the time personal delivery orfacsimile receipt is confirmed by telephone. RESOURCE PERFORMANCE CITY OF PETALUMA PARTNERS, INC. Grayson James, CEO Michael Moore, Director Community Development Department Date Date Proposal to Develop Green Building Program - DRAFT ATTACHMENT A Implementation Plan Areas of Focus The Green Building Program Implementation Plan will cover the following areas: A. Overview of Green Building I. The Green Building movement ii. The future of Green Building iii. Other programs B. Program Components I. Program Goals and Objectives ii. Program Framework & Timeline iii. Stakeholder Engagement C. Recommended Policy Formulation D. Program Management & Operations I. Staff Requirements ii. Staff Processes iii. Staff Education and Integration iv. Inspection E. Outreach & Education I. Marketing ii. Awareness Building iii. Public and Professional Education F. Program Metrics and Evaluation G. Future Considerations Page 1 of 1 IV 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 RESOLUTION NO. NCS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH RESOURCE PERFORMANCE PARTNERS, INC. FOR THE DEVELOPMENT OF A GREEN BUILDING PROGRAM FOR THE CITY OF PETALUMA WHEREAS, the City Council, through legislation and other means of support, promoted efforts to reduce environmental degradation and promote economically and enviromnentally sustainable development; and WHEREAS, Green Building Programs have already been established in many communities throughout the San Francisco Bay Area and around the country with the broad support of varied community interests. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Petaluma hereby authorizes the City Manager to execute a professional services agreement with Resource Performance Partners to develop and implement a Green Building Program for the City of Petaluma/.