HomeMy WebLinkAbout290544 ARCHITECTURAL ENERGY COR - CONTRACT - CONTRACT - 17662PROFESSIONAL SERVICES 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 Architectural Energy Corporation, hereinafter referred to as 'Professional'.
W ITNESSETH:
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 Professional agrees to provide services in accordance with
the scope of services attached hereto as Exhibit "A", consisting of twenty (20) pages, and
incorporated herein by this reference.
2. The Work Schedule. The services to be performed pursuant to this Agreement shall
be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of
one (1) page, and incorporated herein by this reference.
3. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated within three (3) days following execution of this
Agreement. Services shall be completed no later than December 3, 2004. Time is of the essence.
Any extensions of the time limit set forth above must be agreed upon in writing by the parties hereto.
4. Early Termination by City. 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 Professional. 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:
PSA 05/01
No Text
2.0 Commissioning Statement of Work
The building oornnissioningservices W be provided Y Archilsobiral Energy
Corporation during Ow design, construction, acceptance, and wamanty phases of
the projectwedescribed below. ♦' - undertaken will be iT n 3 Y'
with ♦ coordination the building othe
architectural and
engineering
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owner's: Ymaintenance staM
perspectilve, Architectural
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Energy Corporation, on with the designundertake
Designdesigndavakpinard
The 5G% design development review sesks to War" building
system design issues and potential operation and maintenance
issues that should be addressed during Um design development
phase of to project At this point in the design phow. to build'
designs _being refinedandmanydecisions
commissioningoverall building perforryonce operation and maintenance awre bain
made. This review is designed to ensur* toot ft design twn
achieves the major design goals (WftrM mWft so *jnctiorAft,
The 50% construction documents review is undertaken to ensure
that adequately specified within the cord1niction
documents for Vim building systems to be coinmissioned, and
the targelled bWldhV system are Wooly to:nvest the deallp goals
(intent) relative to hinctionality, energy pedonrlance, maintainabil
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evaluationThe commissioning report Includes:
operating condition othe systemsat
cantpletion.
• D'" i OWwere disicoveredandto measures token soowed
Reports• Fundjoval test procedures and results,
• docurnent allconyTissioningY.1 fwasI
Progressed, and A description and estimated ObhOdulis of required
deferred fedlng
• r Documentation:Documentation Y• ! Me * the
sectionLEED `.I Yse. 1W
sF91. ♦. •..._ Iry
'Fundamental • 1 SYMOMS Commissioning"{ :: I
Recommissioning management manual (if LEM Additional
3 Ned *Additional Commissioning.*
2A Warranty Phase COMMIMsioning Activities
The Warranty Phase activities vAll be coordinated vAth the building owws
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The as-bulft documentation is 5.• toverifyconsistency Y _
conditions. The wbuilt documents#= includes
control acherneflog
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1 x f 1 _ ♦ a9 t hf A .h f
ZO LEED Adds lonal CommlmWft Credit 3
fi r✓bra! C&IdF dd0*rt rswW**Vahj*Mh V,80 0Vft6W2W3
equipment contractor submittals of oomm issione i
5Have a contract In place for near -and or post occupancy revivw
AEC reMMMends that this scope be imfuded in the project, as its= 1,2,3 and 5
W0 considerable value to the project at a relatively modestcost.
16 1:
a', Construction DocumentsGleslgIn
Commissioning
. }i - : S. ,I ` 1°s:±mac
Submittal• 'sY appropriate
• Pro -functional Chocidists for all equipment and system to be commissioned
• Construction # f Reports
• DeficiencyReports
02♦ :4CO 1.'.
• Functional Peftmarice Testing Reports
• DeficiencyReports
• Operation and Aftirionance Review
• Operation i..and n agendareviews
• Preventive Y' Database
• Commissionirq Report
WAR K k ♦1.4i a=
As -built• Documentation r - -w Repo
Seasonalrt
• Yf
• End of Wanwity, Period Review
Arvhkedural Energy CorponCfon 12 Boulder, Cdoomdo
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3.0 LEEQ Uftsumawnt and Valificallon
M&V is not included In this pnopoaed scope of work.
A mN*c and Enow Can _ 1 .. 1- 13 earner, Gdoraeo
Caawm4sooV 8i€€WR trUm dyof Fat OAw LWbw SwAt sP-%WBP
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430 N. Tqm fit. Salle 20Q
(719) 47344"
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Professional:
City:
With Copy to:
Architectural Energy Corporation
City of Fort Collins, Purchasing
City of Fort Collins, Ops. Svs.
2540 Frontier Ave. Ste 201
PO Box 580
Attn: Ron Kechter
Boulder, CO 80301
Fort Collins, CO 80522
117 North Mason St.
Fort Collins, CO 80522
In the event of any such early termination by the City, the Professional shall be paid for services
rendered prior to the date of termination, subject only to the satisfactory performance of the
Professional's obligations under this Agreement. Such payment shall be the Professional's sole right
and remedy for such termination.
5. Design Project Indemnity and Insurance Responsibility. The Professional shall be
responsible for the professional quality, technical accuracy, timely completion and the coordination
of all services rendered by the Professional, including but not limited to designs, plans, reports,
specifications, and drawings and shall, without additional compensation, promptly remedy and
correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold
harmless the City, its officers and employees in accordance with Colorado law, from all damages
whatsoever claimed by third parties against the City; and for the City's costs and reasonable
attorneys fees, arising directly or indirectly out of the Professional's negligent performance of any of
the services furnished under this Agreement. The Professional shall maintain commercial general
liability insurance in the amount of $500,000.
6. 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 the following schedule:
Hourly billing rates:
Reimbursable direct costs:
PSA 05/01
Principal $155.00 Hr.
Senior Engineer $105.00 Hr.
Staff Engineer II $ 85.00 Hr.
Staff Engineer 1 $ 72.00 Hr.
Associate Engineer $ 57.00 Hr.
as billed
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5.0 Budgoft
This section 8arft budgets for the tollovAng activities:.
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+ i {a P. tP Y• _ P: P _ b'' P P P' :P J [r-
Cl COMft*0810drog Budget
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♦• • e r
'_._ Loaded f-burlw EFAIna Ra9•s
AEC OW
Prinrrpal
$155.00
Senlor Engineer
$105.00
StabEtgbaerA
WOO
Staff EapePeer 1
$7240
A o*W* eer
$87.00
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Ar�tNectural Elurr�y Cgrporalbn 17 Boulder, Colorado
22
ARD-Comambow"InaC-LEEi7P immo
AEC e
State Engineer IE
$4,522
SW Engineer 1
$2,909
AaeacieEa EnpNieer
$9�
Sri Torsi ABC i aI
$882U
O"wr [rhea Costa Tranetwrlationf Travel
$391
Qvarn* of Person -Trips = 14
iteproduotlon
$100
POSUW ! Ove Derive
60
Sri -Total f st pined Ccmis
1
TotalOM uWW Ien&V
881
Corerntealeti AWWWnW Credii
PMU ( eDW
Sielf Engineer ii
$1,785
SW Engirwer I
$1,872
Aeaocieke En irsaer
$741
SUVTofalAEC labor
$4.3H
Other D11e61 Cagb Trwrspvrtahonl Trevei
$167
Quantify of Forsoro- 7Yrps = a..
Postage r Overnight DOWNY
$126
suppmes
$100
Sufi -Tow Otter Ilireot Costs
$392
T AddMlorwl Cletlft.GOrnenlepip!@iiig CEfet
$4.
r rx
5.2 TOW C*MrW*oloWng Budget
cav�sw+vA.saa,«cz �r rc .t «an*m a r w&"Vx Omt6w
GA Key Persomel
AkeiArchitiIII
Holtz,
Tracy PHIOS El Cofmissioning Engineer and
Specialist MI
7.0 Qualftatlona
Y 1 !
676
Conslmetton Documents
Prepare & Submit Manor Amendmarn
8 Final City Review
9 Prepare for Ew
10 Final Review of Minor Amentl0rWr4
11 Obtain Permit
12 Out for Bid
13 Award Contract
14 Notes to Procead
15 Construction
118 outlit Facilities
17 Udlalac Whide Storage Buildings Occupancy
EXHIBIT "B"
1 day .
7/M
725
49days
7M
W12 1
7 days
W13
9119 2
83 days
91w
11121 3
7days
11M2
1f28 4
83 days
1129
1130 5
70days
11,E
2A1 5
7days
1131
24"8
21 days
2/7
227'. 8
50days
20
3/27 7
31 days
217
3M 8
27 days
2"
3/25 9
10 days
3/28
414 12
12 days
415
4115 13
" 210 days
4/17
11/12 14
21 days
11713
12/3 15
1 day
12M
1214 16
agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal
representatives, successors and assigns of said parties.
16. Law/Severability. 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.
THE CITY OF FORT COLLINS, COLORADO
By: &:a uu" Ic
Janies B. O'Neill II, CPPO, FNIGP
Aa:A 1 Director of Purchasing & Risk Management
DATE: /v-.30-03
Architectural Energy Corporation
o
By: fi" 24
Title: fWl
CORPORATE PRSIDENT OR VICE PRESIDENT
Date: 6Oy)pr 22, 2MI
ATTEST:
(Corporate Seal)
orporate Se ret ry
PSA 05/01
5
with maximum compensation (for both Professional's time and reimbursable direct costs) not to
exceed Thirteen Thousand Six Hundred Fifty One Dollars ($13,651.00). 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.
7. City Representative. The City will designate, prior to commencement of work, its
project representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the project. All requests for contract interpretations, change
orders, and other clarification or instruction shall be directed to the City Representative.
8. Project Drawings. [Optional] Upon conclusion of the project and before final
payment, the Professional shall provide the City with reproducible drawings of the project containing
accurate information on the project as constructed. Drawings shall be of archival quality, prepared
on stable mylar base material using a non -fading process to prove for long storage and high quality
reproduction.
9. Monthly Report. Commencing thirty (30) days after the date of execution of this
Agreement and every thirty (30) days thereafter, Professional is required to provide the City
Representative with a written report of the status of the work with respect to the Scope of Services,
Work Schedule, and other material information. Failure to provide any required monthly report may,
at the option of the City, suspend the processing of any partial payment request.
10. Independent Contractor. The services to be performed by Professional are those of
an independent contractor and not of an employee of the City of Fort Collins. The City shall not be
PSA 05/01
9
responsible for withholding any portion of Professional's compensation hereunder for the payment of
FICA, Workers' Compensation, other taxes or benefits or for any other purpose.
11, Personal Services. It is understood that the City enters into this Agreement based on
the special abilities of the Professional and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Professional shall neither assign any
responsibilities nor delegate any duties arising under this Agreement without the prior written
consent of the City.
12. Acceptance Not Waiver. The City's approval of drawings, designs, plans,
specifications, reports, and incidental work or materials furnished hereunder shall not in any way
relieve the Professional of responsibility for the quality or technical accuracy of the work. 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.
13. 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.
14. 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.
15. 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,
PSA 05/01
0
agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal
representatives, successors and assigns of said parties.
16, Law/Severability. 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.
THE CITY
OF FORT COLLINS, COLORADO (\
By: t.>'M �t J
Jarhes B. O'Neill II, CPPO, FNIGP
flo;,,kl Director of Purchasing & Risk Management
DATE: 10-3o- 03
Architectural Energy Corporation
O �� p O / _/�
By: AlrwcC, I' /awl
Title: FMIPENT
CORPORATE PRE IDEy T OR VICE PRESIDENT
Date: Odor'►-
ATTEST:
C (Corporate Seal)
orporate Secr t
PSA 05/01
5
EXHIBIT "A"
C*M0400V S*WbO* WOW ClydF*t Q** LOW S*VtW VON* WOW aA*W ockbw 2m
Commissioning Services for the City of Fort Collins
Utliftles Services Vehicie, Storage SuNdIngs
1.0 IINTROOUCTION ....... ... -.-- ........... . ---- ........ ...... A
11
$"E0FC0MhWW*NMSrzWM.-- .... ...........
4
1-2
LEED RemNimmawm ....... ........... ...........
4
1.3
AEC .. ............. .......
�a
2.0 COMMISSIONING STATEMENT OF WORK . ...... .. .............. ................... ...................... .....
0
21
Desm PmAnCowabe0aw Aormm ....... ........ — .... -- ...... .............
6
22
CONSTFKPCTMPH4WGoMM$ooNMACTN"$..-,., ......
-7
Z3
ACCE"ANM PKARE COMMOOKWMACTMIlEs ..... ..... ... ....... , .................
Z4
WAWAN"PMWCuWmmDmmAc"Am—� ... .........
Z5
LEEUAoomooNALOoGCREmT3,, ........ — ........ ......
2.0
DELPAWAKO: — �, - � ...... ....... -- ........... ........... ...... — ... . ............... -- ......
I'M R47$ tjl " 1 �7-1"' V :� � 'L � :1 " 101 "
" PROACT
&0 SUDOETS ........... ....... ....... .......... ....... .............. . .. ... ........ ............. . ...... --.17
6.0 KEY PERSONNEL
7.0 QUALIFICATIONS . ....... — ... ........ . ....... ......................... ......... ... - ........ —.- .......... 20
Appendix
URMT77'T7 Rpowl"
No Text
* -1�1. =17777111-7-T
1.0 Introduction
90111AI-14i -6j;j.jN 1 is
The three vehicle storage buildings arv,
(1) an enclosed, iS,W SFhealed building to accommodate 28 voectse
(2) an enclosed, 4,392 SF, unhoalled building to accommodate 8 vehicles wW:a
metal shop
(3) an enclosed, 4,344 SF, unheated building to accommodate 10 vehicles
all
f71 jW *1
11,1411,
buildings,
Ths f011OWN19 statement of work presents the goals, activities, defiverables. and
lr'Ox,T� U," PTvNffTr LV-dWtf !vjiwin irl�m ieSJ:V4&S as tzZiAZI I--
LEED Version 2.1. COMMJ$$k)r6nQ activities will to be provided during tio Design
COnstrUCOOn, ACOOP181100, and Warranty Phases of the building delivery proom.
According to ffw LEED scorecard provided by the Ensar Group, the project is
exPecled to ad"m ft Energy and Almospihore (EA) Prerequisite 1, Credit 3 and
Credit 5 points. The following LEED credits will be obtained if Architecture I Ener
Corporation's proposed statement of work is accepted:
• EA Prerequisite 1 - Fundamental Commissioning
• EACrecfd3-AddhionsiCamntissionirig
For design tow meeting input and design reviews, the EA Credft 3 - Additional
Commissioning, nosda to be Included In AEC's scope of work
Erik Joarinstle, P.E., Commissioning Team Project Manager, will be Architectural
Energy Corporation's primary point of contact. Mr. Jeannette can be readied at
(303) 444-4149 or via a -mall at eieginneftitaRmLefflrgycont TNAEConginoorli
staff that will be assigned to this pro'ect is listed below and in section 6,0 of this
Proposal.
AEC has provided building performance evaluation, diagnostic and commissioni
services skies 1962, and has performed commissioning on over 40 projects in the:
Past 5 Ys". AECS COMMSSAw" services include HVAC machar" systems,
4*119 OWIT015, PkxnbWQ OYSISM, electrical systerns, seazity syshems, kitchen
oquiprrwo� irrigation systems, and: life safety systems, AppondixA presents a
ArcWtvalund Energy Oorpondion 3
representative list of projects ex mnissioned by AEC during the last 5 years. Of the
projects AEC has (or is) commissioned, 9 are LEED Certified projects.
The vehicle storage btildini;I design is nearing the end of the design
developernent phase, and the design intent Is to integrate innovative design
• All Mechanical HHAC components
+ Heating and ventilation systems/
+ Supply and Exhaust Fens
• Radiant heat
• Boilers
CO2 control equipment
LightingH&V Control components and their sequen
Y.3.anddaylightinteraction
For LEED Certification, LEED Prerequisite EA 10 must be performed. The U.S,
Green Building Couricil defines Pret"Welle EA 1.0 as 'Fundamental Building
Systems Cot"'Olosioning", with the following requirernenis and submfttsW
commissioning authority
design2. Collect and review Ydesigndocumentation
commissioning3. Include commissioning requiremenis in the construction documents
4. Develop and utilize a Commissioning Plan
5, Wrily installation, functional Performance, training and documentation
!♦
Provide7, Provide a copy of the commissioning plan NgftW*V the live furidamental
commissioning procedures as listed in the credit requirements,
.A cerfificationY The r r•authority! r