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HomeMy WebLinkAbout149450 BOULDER DESIGN - CONTRACT - RFP - P1052 NEW HOME INSPECTION AND PERFORMANCE TESTINGSERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and Boulder Design Alliance, hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of three (3) pages and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence within five (5) days of signing, and shall continue in full force and effect until June 30, 2007, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. SA 09/01 /06 1 Visual inspections will be conducted in homes in both stages of construction, with specific data requirements dependent upon house design and access at each stage. Performance Testing Objectives of the performance testing task are to: • Characterize the performance of installed components and systems; and • Learn how field practices compare with (1) code requirements, (2) plans and specifications submitted by builders with the building permit application and (3) manufacturers instructions. Areas to be investigated include: • Integrity of the thermal boundary • Heating and cooling equipment and forced -air distribution system • Pressure balance • Combustion safety • Mechanical ventilation Performance testing primarily will be conducted in the completed homes. However, the City may direct the Service Provider to perform duct leakage testing in all or a subset of the under - construction homes in which the ductwork is sufficiently intact to be able to perform such a test. Staffing The Service Provider will be assisted in the field data collection by the City project manager, as schedules permit. Protocols and Forms The City has drafted data collection protocols and associated reporting forms. City staff and the Service Provider will work together to finalize the details and divide up data collection responsibilities between the Service Provider and the project manager. The Service Provider is responsible for quality control of the data they collect, on a real-time basis, to ensure that data are valid for every home. Equipment and Supplies The selected Service Provider will supply all necessary equipment and supplies to complete the scope of work, with the possible exception of certain specialized equipment the City may provide: infrared scanner, power meter / analyzer, window solar gain low-e detector. Reporting and Analysis For every home inspected or tested, the Service Provider will complete the data collection forms on site, take supporting digital photographs and provide summary comments in sufficient detail to enable City analysts to interpret the Service Provider's measurements and observations. The Service Provider will provide all of this information to the City on the day it is collected, including electronic copies of the photographs and other relevant electronic data (e.g. blower -door testing data files). The Service Provider will provide descriptions for all photographs, in electronic form, to the City within one business day of the data collection visit. The Service Provider will be available to answer questions as City analysts interpret this data. The Service Provider is not responsible for analysis beyond what is required to calculate the required performance parameters based on testing data (e.g. converting blower -door pressure measurements to whole -house air leakage flow rates). 0 Review The Service Provider will review and comment on the data compilation and report written by the City. Communication Regular communication with the project manager is expected throughout the duration of the work. Software Compatibility The City uses Microsoft Office 2002 software products. The Service Provider must submit data in a format compatible with these products. Additionally, the Service Provider must have e-mail capability to send and receive large (up to 2 MB) attachments. Confidentiality and Rights to Data All data collected as part of this project will be the property of the City and will be treated confidentially by the Service Provider. Timeline The project timeline can only be estimated, given the unpredictability of when homes will be available for inspection and testing (subject to construction activity). The data collection phase of the project is anticipated to take place from approximately the last week in February 2007 through April 2007. The City anticipates completing its data compilation and analysis work by the end of May, 2007. The Service Provider's comments on the results are due within one week of receipt of the draft. Conflict of Interest The Service Provider must not have active business relationships with new home builders and related building trades in the Fort Collins new home market within the period September 2006 to September 2007. 10 EXHIBIT B Compensation The work will be compensated on an hourly basis, at a rate of $80 per hour. Automobile travel will be compensated at a rate of $50 per hour and $0.445 per mile. Direct expenses associated with the project will be reimbursed based on documented costs, not to exceed $300. Cost Estimate Boulder Design Alliance Cost Estimate Hourly rates Field and office $ 80 per hour Travel $ 50 per hour Mileage rate $ 0.445 per mile FIELD TIME Unit time homes Total hrs Cost Insulation stage homes BDA alone 2 5 10 $ 800 City staff assisting 1.5 15 22.5 $ 1,800 Completed homes BDA alone 6 5 30 $ 2,400 City staff assisting 4 15 60 $ 4,800 Subtotal $ 9 800 OFFICE TIME (photo documentation, answering questions) Unit time homes Total hrs Cost All Inspected / tested homes 1 40 40 $ 3,200 REVIEW TIME Total hrs Cost Review Cit 's draft report 8 $ 640 TRAVEL Unit time trips Total hrs Cost Time 2 30 60 $ 3,000 Round trip # Total mileage trips miles Cost Mileage 90 30 2700 $ 1,202 REIMBURSABLE EXPENSES Cost Not to exceed $ 300 TOTAL $ 1 7,842 11 EXHIBIT C INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. 12 EXHIBIT D CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City") pursuant to this Agreement (the 'Agreement"), the Contractor hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as "information") that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Contractor has agreed to perform, the Contractor hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Contractor agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City) . The Contractor shall not disclose any such information to any person not having a legitimate need -to -know for purposes authorized by the City. Further, the Contractor shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Contractor understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Contractor shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Contractor ceases to perform services for the City, or the City so requests for any reason, the Contractor shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Contractor understands and agrees that the City's remedies at law for a breach of the Contractor's obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. 13 4. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: City of Fort Collins Attn: Purchasing PO Box 580 Fort Collins, CO 80522 Service Provider: Boulder Design Alliance Attn: Robert deKieffer 3002 Melissa Lane Boulder, CO 80301 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Providers obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis according to Exhibit B, consisting of one (1) page and incorporated herein by this reference, with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed Seventeen Thousand Eight Hundred Forty Two Dollars ($17,842). Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Professional's City -verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. SA 09/01 /06 2 6. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 7. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 9. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 10. Warranty. SA 09/01 /06 (a) Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. (b) Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City -furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanshiptworkwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors 3 of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 11. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 12. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 13. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 14. IndemniWinsurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. SA 09/01 /06 4 c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit C, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 15. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 16. Law/Severabilfir. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 17. Prohibition Against Employing Illegal Aliens. This paragraph shall apply to all Contractors whose performance of work under this Agreement does not involve the delivery of a specific end product other than reports that are merely incidental to the performance of said worts. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that: A. As of the date of this Agreement: 1. Contractor does not knowingly employ or contract with an illegal alien; and 2. Contractor has participated or attempted to participate in the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "Basic Pilot Program") in order to verify that Contractor does not employ any illegal aliens. SA 09/01 /06 5 B. Contractor shall not knowingly employ or contract with an illegal alien to perform works under this Agreement or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. C. Contractor shall continue to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Basic Pilot Program is discontinued. D. Contractor is prohibited from using Basic Pilot Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. E. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall: 1. Notify such subcontractor and the City within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. F. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. G. If Contractor violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Contractor shall be liable for actual and consequential damages to the City arising out of Contractor's violation of Subsection 8-17.5-102, C.R.S. H. The City will notify the Office of the Secretary of State if Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach. SA 09/01 /06 6 18. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "D", consisting of one (1) page, attached hereto and incorporated herein by this reference. CITY OF FORT COLLINS, COLORADO a municipal corporation By. James 'Neill II, CPPO, FNIGP Directo Purchasing and Risk Management Date: S z3 Boulder 0 PRINT CORPORATE PRESIDENT OR VICE PRESIDENT Date: ATTEST: (Corporate Seal) CORPORATE SECRETARY SA 09/01 /06 7 ACORDm CERTIFICATE OF LIABILITY INSURANCE j DATE 11-01-2006 PRODUCER I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION VAN GILDER INSURANCE CORP/PHS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 341438 P: (866)467-8730 F: (877)905-0457 1 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PO BOX I INSURERS AFFORDING COVERAGE SAN ANTONIO TX 78265 IO INSURED 'INSURERA:Hartford Casualty Ins Co BOULDER DESIGN ALLIANCE MR. ROB INSURERB: DEKIEFFER wsuREq c: 3002 MELISSA LN. INSURER 0: BOULDER CO 80301 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIUD -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. LTR TYPE OF INSURANCE POLICY NUMBER DATTEE IMM DEFFEDT'/YYI DA�7EYIMMMDDmN LIMITS O—ENERAI LIABILITY 134 i EACH OCCURRENCE $1 r 0 0 0 t 0 0 0 A COMMERCIAL GENERAL LIABILITY SBA LJ6 5 5 7 01 / 01 / 0 7 01 / 01 / 0 8 FIRE DAMAGE (Any one fire) s300,000 ( CLAIMS MADE U OCCUR I on I MED EXP (Any e person) I $10 , 000 XBusiness Llab PERSONAL&ADV INJURY $1, 000, 000 GENERAL AGGREGATE s2,0001000 GENT AGGREGATE LIMIT APPLIES PER: 1 PRODUCTS - COMP/OP AGG 1s2,0001000 1 POLICY 1 X I JECT I I LOC I AUTOMOBILE LIABILITY 1 A I ANY AUTO 1 .34 SBA LJ6 5 5 7 01 / 01 / 0 7 COMBINED SINGLE LIMIT O 1/ O 1/ 0 8 (Ea accident) $1, 0 0 0, 0 0 0 ALL OWNED AUTOS BODILY INJURY 5 I SCHEDULED AUTOS � I(Per penoN X HIRED AUTOS NON -OWNED AUTOS I BODILY INJURY , (Per accident) 5 X PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY I AUTO ONLY - EA ACCIDENT $ $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG EXCESS LU18N.fTY _ 1 OCCUR CLAIMS = EACH OCCURRENCE $ MADE r— i AGGREGATE $ — 1 IS DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I WC STA'U- 1 OTH- EMPLOYERS' WIBILITY E.L. EACH ACCIDENT - $ - - --- - E.L. DISEASE - EA EMPLOYEE 1 T E.L. DISEASE - POLICY LIMIT $ OTHER i I I DESCRIPTION OF OPERATIONSftOCATKINSNENICLES/EXCLUSIONS ADDED BY ENOORSEMENTISPECWL PROVISIONS Those usual to the Insured's Operations. 1 TrtH 111'I4-04 1 t FRJLTJtH I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION City of Fort Collins 256 W Mountain Ave jFort Collins, CO 80521 i )ULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 1/RATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE (10 DAYS FOR NON-PAYMENT) TO THE CERTIFICATE LDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO JGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR 'RESENTATIVES. ACORD 25-S (7/97) ® ACORD CORPORATION 1988 EXHIBIT A Scope of Work for Boulder Design Alliance The Service Provider will conduct visual inspections and performance testing of homes under construction. These tasks are in support of a City of Fort Collins new home study to provide current feedback on design load calculations and equipment sizing; energy code implementation and compliance; and home design, construction and performance. The work requires close cooperation with the two City departments collaborating on this project: Utilities (the municipal utility) and Building Inspection Services (the building department). Fort Collins Utilities is managing the project. Construction Phases, Samples, Scheduling Homes typically will be visited at two stages of construction: (1) just after insulation, prior to wallboard installation; (2) substantial completion. Homes generally will be selected to represent a range of Fort Collins new construction within the predominant subset: stick -built with natural gas, forced -air heating. Some homes will have central air conditioning. Sample sizes for each stage of construction are anticipated to be approximately 20. The City will provide addresses and access to the homes in which the Service Provider will collect data. The City and Service Provider will closely work together to schedule site visits to minimize inconvenience to builders. For each home in the samples, the City will provide the Service Provider with a set of plans and relevant accompanying building permit submittal information (including, as available, design heating/cooling load calculations, duct design information, energy rating information). Visual Inspection Objectives of the visual inspection task are to: • Characterize the components and construction techniques being used; and • Learn how field practices compare with (1) code requirements and (2) the plans and specifications submitted by builders with the building permit application. Components and systems to be investigated include: • Solar design aspects • Foundation • Framing • Exterior moisture control • Air sealing • Insulation • Fenestration • Mechanical systems • Lighting • Appliances