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HomeMy WebLinkAboutRFP - P1111 AIR CONSITIONING TUNE UP AND QUALITY INSTALLATION PROGRAMPROFESSIONAL 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 Proctor Engineering Group, LTD., hereinafter referred to as "Professional". 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 Professional 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 one (1) page, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence May 1, 2008 and shall continue in full force and effect until December 31, 2008, 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. 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: Professional: Proctor Engineering Group, LTD. Attn: John Proctor 418 Mission Ave. San Rafael, CA 94901 City: Utilities Service Center Attn: Norm Weaver 700 Wood St. Fort Collins, CO 80521 With Copy to: City of Fort Collins, Purchasing PO Box 580 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 combined single limits and errors and omissions insurance in the amount of $250,000. 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 Exhibit C Compensation and Budget, 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 One Hundred Seventy Eight Thousand Three Hundred Three Dollars ($178,303). 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. 6. 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. 7. Project Drawings. 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, prepared on stable mylar base material using a non-fading process to provide for long storage and high quality reproduction. "CD" disc of the as-built drawings shall also be submitted to the owner in and AutoCAD version no older then the established city standard. 8. 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. 9. 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 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. 10. 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. 11. 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. 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. 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 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. 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. 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. 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 work. 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 confirm the employment eligibility of all newly hired employees. b. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts 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. THE CITY OF FORT COLLINS, COLORADO By: _________________________________ James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management DATE: ______________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney Proctor Engineering Group, LTD. By: __________________________________ Title: _______________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date: _______________________________ ATTEST: _________________________________ (Corporate Seal) Corporate Secretary EXHIBIT A Scope of Work 1. INTRODUCTION Fort Collins Utilities (“Utilities”), a municipal electric utility, plans to offer a program to its customers that will deliver air conditioner (AC) peak electrical demand reductions and energy use savings in both the residential and small commercial sectors. This Scope of Work defines the services required from Proctor Engineering Group (Service Provider – “SP”) to implement the program. Utilities anticipates implementing a turnkey program whereby the SP will be responsible for most aspects of program delivery and will serve as the liaison to the HVAC technicians working in the field. Training and certification in Proctor Engineering Group's CheckMe!® platform is the technical foundation of these efforts. The CheckMe! ® system proceeds in the following steps: 1. Recruit and screen contractors and technicians 2. Ensure that they have the proper equipment and that it is properly calibrated 3. Train technicians in short classroom setting and complete with field training 4. Test the technicians to ensure that they can perform the tests properly 5. Utilize the CheckMe! ® protocols and reporting process in both the test in and test out. 6. Support the technicians with a dependable call center 7. Support the technicians with immediate technical assistance 8. Reinforce superior performance 9. Enforce standards with immediate corrective action 10. Continuously monitor the performance of each technician 11. Analyze their performance weekly 12. Utilize strict standards with serious consequences for failure to meet standards 13. Perform targeted and random inspections For residential customers, the program will focus on basic services to test and repair deficiencies in AC refrigerant charge and airflow, with available enhanced services that facilitate additional demand and energy savings. For commercial customers, the program will focus on basic services to test and repair deficiencies in AC refrigerant charge, airflow and economizer operation. The SP will be reimbursed based on the number of units tested and repaired and the specific services provided for each unit. The SP will be evaluated against quantitative and qualitative goals for the program. Utilities has the option to renew the contract on an annual basis for up to four additional years; in the event Utilities pursues this option beyond 2008, a new scope of work will be negotiated. Utilities views this program as a blend of resource acquisition and market transformation, delivering multiple benefits:  Utilities: Demand reductions and energy savings toward Electric Energy Supply Policy goals  Customers: Lower electric bills, improved comfort, longer equipment life, higher expectations regarding the performance of their AC system.  Infrastructure: More highly skilled infrastructure of HVAC contractors and technicians, with higher expectations and standards regarding the performance of AC systems. 2. SCOPE OF SERVICES Service Provider Roles As part of delivering AC tune-up services under the CheckMe!® protocol, the SP’s role is to:  Recruit HVAC firms  Train HVAC technicians  Ensure that technicians have necessary equipment to perform the tests  Support contractors marketing efforts, encourage continuous improvement of delivered services and help solve problems to establish customer satisfaction  Verify that program clients are Fort Collins Utilities electric customers  Oversee work done under this program and provide quality assurance  Report results of visit to customer  Report data from each job to Utilities  Pay incentives to participating HVAC firms whose jobs meet program guidelines SP Customer Services For residential customers, the SP will deliver the following basic services:  Provide AC refrigerant charge and airflow diagnostics and repair.  Oversee and verify successful repairs.  Installation of an Enhanced Time Delay Relay (ETDR) to control the air handler blower where applicable.  Installation of a Brushless Permanent Magnet (BPM) motor as a drop-in replacement for the standard air handler blower motor where applicable.  (If the program is continued, coordinating technician visits with installation of Utilities AC load management switches may be considered.)  For commercial customers, the SP will deliver the following services:  Provide AC refrigerant charge and airflow diagnostics and repair.  Provide AC economizer diagnostics and repair.  Oversee and verify successful repairs.  Installation of ETRD and/or BPM where applicable Utilities’ Roles Utilities roles include:  Provide general marketing and promotion for the program.  Review marketing materials for approval prior to use by the contractors in the program.  Provide a customer database for the purposes of checking eligibility. SP understands that all customer and program data are the property of the City and will not share data with any other entity.  Provide payment to SP for documented delivery of program services. EXHIBIT B Schedule The following schedule is proposed for 2008: SP Deliverables Sign Contract Week 0 Recruit Additional Local Staff (part time) Week 0 Progress reports bi-weekly Planning Meeting Week1 or 2 Written Final Plan by Week 6 Part Time Staff Hired by Week 8 Introduction to City Staff Recruit Contractors Week 4 on Include Summary of this Activity and Signups in Monthly Report Materials Design Week 3 to 6 Submission to City by Week 6 Technician Training Week 8 on Include Summary of this Activity and Signups in Monthly Report Production Begins Week 8 on Monthly Report of Activity, kWh savings, and kW Reductions Phase out for 2008 October Draft Final Report November Draft report by Dec 1 – one week turnaround by Utilities Annual Review Meeting November Final report and plan for 2009 by Dec 15 SP Deliverables The key overall deliverable for this effort is the proper implementation of the AC diagnostics, repairs and enhanced measures offered through this program. This work will be supported by:  An initial meeting with the City’s program manager.  A finalized plan submitted to the City’s program manager.  Bi-weekly reports on local staff recruiting.  Introduction of hired program staff to the City’s program manager.  Monthly reports on production, energy savings, peak savings, the critical variables that effect energy savings and peak reduction, summary of customer data, (pre/post test results, what measures installed, unit size, unit age, TXV or not, etc.) as well as customer satisfaction.  Monthly reports on contractor and technician recruiting and training.  Submission of marketing materials to Utilities for review prior to finalizing and using them allowing one week turn-around.  Annual Review Meeting in Fort Collins with Utilities program manager.  Annual Report including summary of monthly data and breakdown by contractors. (See schedule above for approximate dates for each of these deliverables.) EXHIBIT C COMPENSATION and BUDGET Compensation Schedule The SP’s compensation is based on the following unit pricing schedule:  Initial diagnostic test of refrigerant charge and coil airflow up through 2.5 ton $104 3 through 5 ton $114 >5 ton $129  Successful post-repair test and verification of charge and indoor coil airflow up through 2.5 ton $40 3 through 5 ton $50 >5 ton $100  Outdoor coil cleaning up through 2.5 ton $25 3 through 5 ton $35 >5 ton $50  Install ETDR all sizes $55  Install BPM motor all sizes $205  Economizer repair all sizes $155 If the contract is renewed, unit prices will increase at January 1 of each year by 3% to account for inflation. Unit prices include the cost of contractor incentives, contractor recruitment, training, and management, marketing, software, program management and administration, incentive processing, reporting, and startup plan development. No costs are excluded SP will invoice Utilities in advance for 1/6th of the installations to be scheduled, to establish an escrow fund for timely payment to the participating contractors. Invoicing is anticipated monthly. Budget The first year program budget is set at $178,303 with a projected number of installations shown in Table-1. Table 1: First Year Program Production Production 2008 Refrigerant charge and airflow 602 Outdoor coil cleaning 361 BPM installation 244 ETDR installation 244 ETDR and BPM motor installation 244 Economizer repair 2 EXHIBIT D 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.