Loading...
HomeMy WebLinkAbout389317 PROCTOR ENGINEERING GROUP - CONTRACT - RFP - 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 r 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. Scone 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 Cit . 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 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 pail of delivering AC tune-up services under the CheckMe! a0 protocol, the SP's role is to: • Recruit IIVAC 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 GTRD 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 oronosed for 2008- SP Deliverables Sign Contract — Week 0 Recruit Additional Local Staff (part time) Week 0 ........ Progress reports bi-weekly Planning Meeting Week 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, eta) 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 Port 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 I: First Year Program Production Production 2008 Refrigerant charge and airflow 602 Outdoor coil cleaning 361 13PM 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: 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. ACDRD,., CERTIFICATE OF LIABILITY INSURANCE DATE(MMIOD/YY) 03/1412008 PRoaurr:R 7111S CERTIFICATE IS ISSUED AS A MATTER OF INFpRMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. Box 12675 Attn: HEC. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXPEND OR Oakland, CA 94604.2675 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 510 465.3090 INSURERS AFFORDING COVERAGE Proctor Engineering Group, LTD 418 Mission Avenue San Rafael, CA 94901 hnVc�nn.ce THE POLICIES OF INSURANCE LISTED BELOW HAVE 13EEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT PERIOD INDICATED. NOTW17Sl'ARCING TO WHICH MAY PERTAIN, THE INSURANCE AFFORDED SY THE POLICIES DESCRIBED HEREIN IS SUBJECT 'rO THIS CERTIFICATE MAY BE ISSUED OR ALL THE TERMS, POLICIES, AGGREGATE LIMITS SHOWN MAY 14AVEBEEN REDUCED rYPAID CLAIMS. EXCLUSIONS AND CONDITIONS OF SUCH "— LTR TYPE OFINPOLICY NUMBER PYEFFECTIVE (POLICY EPIPIk fiI tiDA MM DDM/ IDATE MMIDD/YY LIMITS A GENERAL _—_.—._".____..._._._._......�,9._ LIARILII'Y57SBAKB6012 01/18/08 01/18/09 XCOAItCLAIMS AL GCIUR EACR OCCURRENCE 2000000 o TY' MCUR FIRE OAMAGE(AnYonc I.,) $10BQQ9__CLAIMS MEDEXPIAnyono person) S10 000 "----PERSONAL&ADV INJURY $200Q000 y__-—GENERALAGGREGATE S4,000000GIN'LAGGRBGATERLOG: 41AetL101 PLOC PRODUCTS COMPIOPAGG $4000000�VOUCY A AUI OMO01Le LIABIL57UECUL068U 12/16/07 12/16/08X ANYAOTO CON. DINED SINGLE LIMIT (EA ww nt) _...._...SCHEDULEDAU $1,000,000 ALL OWNED AU BODILY INJURY HIREDAUTO$9X NON OWNED AU 8001LYINJURY (Pa"'Y'onl) $ PROPERTY DAMAGE I (Pcr naid"'N $ GARAGE LIABILITY - ,AUTO ONLY-f:A ACCIDENT S ANYAUTO OTIIERTHAN EAACC .....__...._—__ ....A AUTOONLY: AGG S EXCESS LIABILITY EACHOCCURRENCE $ OCCUR I CLAIMS MADE AGGREGATE _ DEDUCTIBLE ---_--- RETENTION S —� WORKERS COMPENSATION AND WC DTATLL OTH_ EMVLOVERS' LIABILITY __....T.ORYUNI1L5_. _._....E(3_ EL.EACHACCMENT $ E"AEMPLOYFES B OTHER Professional U8071108503 06/17/07 06/17/08 E.L. DISEASE-POLICYLIMIT S $250.000 per claim Liability $260,000 anni aggr, DESCRIPTION OF OPERATIONSILOCATIONSN¢HICLE$IEXCLUSIONS ADDED SY ENOORSEMF.NPSPECIAL PROVISIONS General Liability policy excludes claims arising out of the performance of professional services. All operations of the named insured. c Ganalcerc unl nro .............. ..............._._.___. _--._ - City of Fort Collins Purchasing Division P. 0. Box 580 Fort Collins, CO 80522 oft #M215211 LD ANYOPTH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CXPIRAIiON THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30._._ DAYS WRITTEN E TOTHE CB RTIPICATE HOLDS R NAII ED TO THE LE FT, BUT FAILU RE TO DO$0 SH ALL I E NO OF LIGATION OR L JAB ILITY OF AN Y IEN D U PON TH E INS RC R,ITS AGE NTS OR AUTHORIZED REP ENTATTIIVE NMB 19FF Proctor Engineering Group, Ltd. Policy #:57SBAKB8012 EXCERPTS FROM: Hartford Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM C. WHO IS AN INSURED 8. Additional Insureds When Required By Written Contract, Written Agreement Or permit The person(s) or organization(s) identified in Paragraphs a. through f, below are additional insureds when you have agreed, in a written contract, written agreement or because of a pen nit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit. f. Any Other Party (1) Any other person or organization who is not an insured under Paragraphs a. through e. above, but only with respect to liability for "bodily Injury, "property damage" or "personal and advertising injury caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products- completed operations hazard, but only if (i) The written contract or written agreement requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for "bodily injury' or "property damage" included within the "products -completed operations hazard. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury, "property damage" or "personal and advertising injury' arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: inspection, or engineering E.5. Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As If each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit' is brought. E.7.b.(7).(b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. E.8,b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. CERTHOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 03-13-2008 GROUP: 00g092 POLICY NUMBER: 0000228-2007 CERTIFICATE ID: 54 CERTIFICATE EXPIRES: 07-01-2008 07-01-2007/07-01-2008 CITY OF FORT COLLINS NC JOB:ALL CALIFORNIA OPERATIONS PURCHASING DIVISION PO BOX 580 FORT COLLINS CO 85022-0580 'rhis is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated, This policy is not subject to cancellation by the Fund except upon 30 days advance written notice 10 the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. 'This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the polo to which this listed heroin, Notwithstanding any requiremensurance int term or Condition of any contract a' other document afforded tpbyt t"a policy dese ibedtl eioin cate fIsnsubject toaafl `tnhJen/leans, exch lioor to ns, it may Pei-lain the insurance such policy. 7HOHIZED REPRESENTATI - PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUOING DEFENSE COSTS: $1,000,000 PER OCCURRENCE, ENDORSEMENT N2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 05-04-1898 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER PROCTOR ENGINEERING GROUP LTD (A CORP) 418 MISSION AVE SAN RAFAEL CA 9490f IEV.2-ell NC (BDS,CNI PRINTED : 03-13-2008 NC 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: rrviessionac I City: With Copy t0: Proctor Engineering Group, LTD. Utilities Service Center City of Fort Collins, Purchasing Attn: John Proctor Attn: Norm Weaver PO Box 580 418 Mission Ave. 700 Wood St. Fort Collins, CO 80522 San Rafael, CA 94901 Fort Collins, CO 80521 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 Proiect 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, G.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 arks B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management DATE _- 1 i O ' z8 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 CheckMc!OO 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 S. Utilize the ChecWe! ® 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 I I. 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.