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HomeMy WebLinkAbout130469 BRENDLE GROUP - CONTRACT - CONTRACT - 4406310SERVICES 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 The Brendle Group Inc. 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. 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 three (3) pages, 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 five (5) days following execution of this Agreement. Services shall be completed no later than December 15, 2004. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 4. 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. 5. 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 SA O612004 1 EXHIBIT B 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: 1. 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. SA 0612004 10 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: Service Provider: City of Fort Collins, Purchasing The Brendle Group Inc. PO Box 580 2138 Sunstone Drive Fort Collins, CO 80522 Fort Collins, CO 80528 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 Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 6. Contract Sum. The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, the sum of Five Thousand Five Hundred Twelve Dollars ($5,512) , Cost Breakdown is attached hereto as Exhibit "A", consisting of three (3) pages, and incorporated herein by this reference. 7. 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. 8. 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. 9. 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 SA 06=04 2 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. 10. 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. 11. Warranty. (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) Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. (c) 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 workmanship/workwomanship 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 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. 12. 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. 13. 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 SA 06/2004 3 equitable actions against the defaulting party, the defaulting party shall be liable to the non - defaulting party for the non -defaulting parry's reasonable attorney fees and costs incurred because of the default. 14. 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. 15. Indemnity/Insurance. 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, 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 B, 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. 16. 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. 17. 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 SA 06/2004 4 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. CITY OF FORT COLLINS, COLORADO a municipal corporation `� By4tof RAJ JaO'Neill II, CPPO, FNIGP DiPurchasing and Risk Management Date: 91 OA The Brendle Group, Inc. SIDENT SA 06/2004 5 EXHIBIT A THE' j �JEf Y DL E R0UP, /NC. '/NEERINC CONSUL TLNC September 20, 2004 Lucinda Smith City of Fort Collins Department of Natural Resources 281 N. College Ave. Ft. Collins, CO 80522 RE: QUOTE AND PROPOSED SCOPE FOR CITY OF FORT COLLINS ENERGY- EFFICIENCY FINANCING COMMITTEE This letter presents a revised proposal and quote to evaluate financing options for comprehensive energy efficiency projects within the City of Fort Collins. The proposal is revised from our original proposal and quote dated September 15, 2004 to reflect our conversation this morning as well as additional information provided by email about the report outline and project approach. For purposes of pricing, the scope of work is divided into six tasks: • Task 1: Research options for funding and implementing comprehensive retrofits. Four options have been identified by staff and listed in the report outline attached to this letter. The Brendle Group will work with staff to finalize the list of options, and the attributes for comparing options at the project introductory meeting. The remainder of this task will be organized around the agreed upon options and evaluation attributes. Advantages and disadvantages of each approach will include impacts on capital budget, utility budget and staff workload. • Task 2: Evaluate the list of potential retrofits and develop a "ballpark" estimate of the total potential project cost and savings. Document assumptions. • Task 3: Compile findings of Task 1 and 2, as well as materials provided by committee members, in a report for the committee. Draft and finalize report, incorporating comments. • Task 4: Attend 1 project introductory meeting to discuss project approach. Attend 1 meeting to report on findings of Tasks 1 and 2 and receive staff comments. • Task 5: Review and compile information provided by the energy -efficiency financing subcommittee, for input to and informing report results: • An overview of the energy management structure for all City facilities: who pays the utility bills, who pays for capital upgrades, who provides maintenance, who makes upgrade decisions SA 06nDD4 6 • An overview of the utility costs for electricity, gas, and water for all City facilities • A comparison of major City facilities on a total cost per year, and on a cost per square foot basis to help identify the largest energy users and those with the highest potential for savings. (The comparative analysis may exclude water and wastewater plants or other facilities that are unique.) • A preliminary list of potential cost-effective retrofits in City facilities. (If the City proceeds with a project, an in-depth audit with actual costs and savings will likely follow.) • Task 6: Prepare, facilitate, and document a two-hour meeting of the subcommittee with local peers to explore how other public entities have approached comprehensive energy projects. Invited peers will include CSU, PSD, UNC, and Arvada. The list of invitees will be finalized at the project introductory meeting. We would provide this scope of work in a time and materials service agreement, not to exceed our estimated quotes by task below: Task 1 2 3 4 5 6 TOTALS Hours 14 8 15 10 3 10 60 Cost $1,353 1 $748 1 $1139 $990 1 $292 1 $990 $5,512 These quotes were developed using our 2004 published hourly rates as follows: Job Title Hourly Rate Principal Engineer $95 Senior Engineer $85 Graduate Student Intern $40 Graphic Designer $65 Word Processor $35 Technical Editor $40 The Brendle Group understands that the first project meeting will take place on September 29, 2004. The meeting with peers will be targeted for mid to late October. The Brendle Group will compile sections II-V of the report within four weeks of the peer meeting and present results at the next scheduled committee meeting. The final report will be submitted within two weeks of receiving input on recommendations and next steps as well as general report feedback from staff. The overall goal is to have the report finalized by December 15, 2004. The Brendle Group feels well suited to complete this scope of work within the above stated quote and schedule. Sincerely, Judy Dorsey President SA W2004 7 Attachment: Report Draft Outline sa 0612004 Attachment: Report Draft Outline Executive Summary II. Background -why this report (by staff) III. Current Situation (by staff) Energy Management Structure — how are utilities tracked, paid, - who maintains facilities - Incentives and disincentives for EE in this structure Existing Facilities (w/ table of sq ft, energy costs) Brief Summary of Past EE Retrofits IV. Potential Retrofits a) List (staff) b) Estimates of costs/savings (document assumptions) (Brendle) V. Strategies (Brendle) a) Business As Usual b) Performance Contractor c) City financing with ESCO managing (losing the savings) d) City financing and City managing (with an energy manager) For each strategy, include: - Staffing - Financing - Performance Guarantee - Persistence (vulnerability to change in the future) - Maintenance (?) - Support for Existing Goals (Climate, DSM, water, etc.) - Savings - Pros/Cons Case study info could be folded into above or pout in separate section (Brendle) VI. Recommendation (staff, based on Brendle draft and presentation to committee) VII. Next Steps (staff) SA 06/2W4 9