HomeMy WebLinkAbout193498 E-CUBE INC - CONTRACT - RFP - 7064 BUILDING COMMISSIONING ANNUALPROFESSIONAL SERVICES AGREEMENT
WORK ORDER TYPE
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 E-Cube, Inc., 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
any project Work Orders for 7064 Building Commissioning Annual, issued by the City. A blank
sample of a work order is attached hereto as Exhibit "A", consisting of one (1) page and is
incorporated herein by this reference. The City reserves the right to independently bid any project
rather than issuing a Work Order to the Professional for the same pursuant to this Agreement.
2. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated as specified on each Work Order. Time is of the
essence. Any extensions of any time limit must be agreed upon in writing by the parties hereto.
3. Contract Period. This Agreement shall commence October 1, 2009, and shall
continue in full force and effect until September 30, 20010, 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 Professional and mailed no later than ninety (90) days prior to
contract end.
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EXHIBIT B
FEESCHEDULE
E-Cube staff and associates will be available for work on this project on either a negotiated or an hourly
basis. In the case of hourly work, the following rates will apply:
2M
2010 (Contract term)
_i Principals, Project Executives
$169
$169
�j Senior Associates, Senior Project Managers
$132
$132
_.- Associates, Senior Engineers, Project Managers
$124
$124
i] Staff Engineers & Analyst, Level II
$118
$118
rD Staff Engineers & Analyst, Level.1
$112
$112
D Senior Field Technicians
$109
$109
f::i Field Technicians
$ 76
$ 76
D Project Resource Manager
$ 53
$ 53
Please note that this schedule is in effect for project work in 2009 and 201.0. Rates for remaining work
and/or additional terms will be negotiated at the time of contract renewal.
EXHIBIT C
SCOPE OF SERVICES
COMMISSIONING STATEMENT OF WORK
The building commissioning services shall be provided during the design, construction,
acceptance and warranty phases of the project as described below. These services shall be
undertaken in cooperation with and in coordination with the building owner, the architectural and
engineering design team, the general contractor, the involved subcontractors, various equipment
suppliers and the building operation and maintenance staff. Building systems that may be
commissioned include, but are not limited to, all mechanical systems, plumbing systems, HVAC,
fans, motors, pumps, electrical systems, lighting, and building envelope.
DESIGN PHASE COMMISSIONING ACTIVITIES
The Professional shall consider all aspects of the design from the owner's (building operation
and maintenance staff) perspective. The Professional, in cooperation with the design team, will
undertake the following activities:
n review of construction documents
a. Design review at 50% design development
The 50% design development review seeks to identify building system design issues
and potential operation and maintenance issues that should be addressed during the
design development phase of the project. At this point in the design phase, the
building system designs are being defined and many decisions crucial to overall
building performance, operation and maintenance are being made. This review is
designed to adequately determine whether the targeted building systems are likely to
meet the design goals.
b. Design review at 65% construction documents
The 65% construction documents review is undertaken to ensure that each building
system to be commissioned can be commissioned, and that these systems will to
meet the design goals, the customer's needs, operational and maintenance
requirements, and various equipment and system controls criteria.
c. Design review at 95% construction documents
This review focuses on determining if the construction documents and related
contract documents contain sufficient detail and are adequately specified to fully
define the operational requirements of the project. The 95% construction document
review is undertaken to ensure that the design achieves the major goals relative to
functionality, energy performance, maintainability and indoor environmental quality.
2. Develop commissioning specifications
In cooperation with the design team, the professional shall prepare and incorporate
commissioning specifications into the construction documents. The commissioning
specifications describe the scope and requirements for commissioning, as well as the
roles and responsibilities of the general contractor, installing subcontractors, owner
personnel and the commissioning agent.
3. Prepare preliminary Commissioning Plan and Schedule
The Commissioning Plan describes the implementation of the commissioning process
and provides a framework for integration of commissioning activities into the construction
and acceptance process. The Commissioning Plan also provides an agenda for
organizing and focusing the commissioning scoping meeting. The Commissioning Plan
expands to incorporate more information as the design, construction and start-up phases
of the facility are completed. The Commissioning Plan will be updated during the
construction and warranty phases.
The commissioning schedule will be generated by the professional and will include all
project milestones and commissioning milestones. The schedule will clearly indicate the
order of events that are required for proper execution of the commissioning process.
CONSTRUCTION PHASE COMMISSIONING ACTIVITIES
Conduct commissioninq scopinq meetinq
The scoping meeting brings together all members of the design and construction team
that will be involved in the commissioning process. Each building system to be
commissioned is addressed, including its intended operation, commissioning
requirements plus completion and start-up schedules. During the scoping meeting, all
parties agree on the scope of work, tasks, schedules, deliverables and responsibilities for
implementation of the Commissioning Plan.
2. Review submittals
Submittals are reviewed prior to construction. The scope includes all submittals related
to equipment and systems to be commissioned. The submittals are reviewed for
compliance with construction documents and the design goals. Temperature control
submittals are carefully reviewed to ensure that all information is provided for a fully
functional and efficient system.
3. Create pre -functional inspection checklists and functional performance test plans
Pre -Functional Inspection Checklists are developed for all major equipment and systems
being commissioned. The checklists capture equipment nameplate and characteristics
data and confirm the as -built status of the equipment or system. The checklists include
equipment start-up requirements, either from the manufacturer or installing subcontractor.
4. Create functional performance test plans
Functional performance plans are written to ensure that all systems are run through the
complete sequence of operation. The functional testing plans are reviewed by the design
team, owner and installing subcontractor(s) before they are implemented in the
Acceptance Phase.
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5. Verify pre -functional inspection checklists
The pre -functional inspection checklists, completed by the installing subcontractors, are
verified for completeness and accuracy. The verification step is one of several
prerequisites to the start of functional performance testing during the acceptance phase.
6. Conduct construction observation
On -site observations are conducted to verify compliance with manufacturer's installation
and start-up instructions and recommendations, compliance with the design intent and
meeting the requirements for efficient operation and maintenance. Testing, adjusting and
balancing (TAB) observation will verify TAB methods and procedures on both airside and
waterside systems. Commissioning will also include verification of the TAB as a
prerequisite to substantial completion. The verification procedure will spot check air and
water flow rates at locations selected by the commissioning engineer. Regularly
scheduled meetings are held for site coordination, reporting on construction and
commissioning progress and resolution of any identified issues or deficiencies.
Construction observation activities will be coordinated with the owner's operation and
maintenance staff to facilitate their participation in the commissioning process and
familiarize them with the building systems that they ultimately will be required to operate
and maintain.
7. Witness equipment startup
Equipment start-up should always be performed by the manufacturer's representative,
but also requires the attendance of the appropriate mechanical engineer and
commissioning agent to verify that proper startup procedure has occurred and the
equipment is operating per the specification requirements.
ACCEPTANCE PHASE COMMISSIONING ACTIVITIES
Complete functional performance testing
Under the supervision of the professional commissioning staff, the installing
contractor/subcontractor performs the hardware and/or software manipulations called for
in the function performance test plan. The building owner's operation and maintenance
staff should also be present in order to witness and/or assist in system manipulations and
observations. The professional commissioning staff directs, witnesses and records the
results of functional performance testing. Testing occurs on all systems being
commissioned.
2. Document deficienci
All deficiencies identified during the function performance test and other verification
testing activities are documented and reported to the owner, the general contractor, and
the installing subcontractor. The deficiency report includes all details of the components
or systems found to be non -compliant with the parameters of the test plans and contract
documents. The report details the adjustments or alterations required for correcting the
system operation, and identifies the responsible party.
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3. Review operation & maintenance manuals and training programs
The Operation and Maintenance (O&M) manuals are reviewed for completeness,
usefulness and for adherence to the requirements of the specifications. The contracting
team is responsible for providing training in their specific areas. The Professional will
help to organize and facilitate the training schedule with both the building owner's
operation and maintenance staff and the contracting team. The agenda for staff training
programs is reviewed. Materials may be added, or requested from the subcontractors, to
stress and enhance the importance of system interactions, troubleshooting and long-term
preventative maintenance and operation. Training sessions for commissioned systems
will be attended and videotaped by the commissioning engineer, with careful coordination
with the building's operation and maintenance staff.
4. Complete commissioning report and LEED documentation
A final Commissioning Report is compiled which summarizes all of the tasks, findings and
documentation of the commissioning process. The report addresses the actual
performance of the building systems in reference to the design intent and construction
documents. Documentation of Warranty Phase commissioning activities is added to the
report after the warranty period is complete.
The Commissioning Report includes:
• An evaluation of the operating condition of the systems at the time of functional test
completion
• Deficiencies that were discovered and the measures taken to correct them
• Functional test procedures and results
• Reports that document all commissioning field activities as they progressed, and a
description and estimated schedule of required deferred testing
• LEED Documentation: Documentation will address and certify the LEED section on
"Energy and Atmosphere" Pre -requisite 1.0 titled "Fundamental Building Systems
Commissioning" and the LEED Credit 3 titled "Additional Commissioning"
• Re -commissioning management manual (if LEED Additional Commissioning Credit 3
is desired)
WARRANTY PHASE COMMISSIONING ACTIVITIES
The Warranty Phase activities will be coordinated with the building owner's operation and
maintenance staff to facilitate their participation in the commissioning process, and to provide a
more robust understanding of the operation and performance of the commissioned building
systems.
Review as -built documentation
The as -built documentation is reviewed to verify consistency with field conditions. The
as -built documentation includes control schematics and sequences of operation.
2. Complete seasonal testing (LEED Additional Credit)
Seasonal variation in operations or control strategies may require additional testing
during the opposite season to verify performance of the HVAC system and controls.
During the warranty period, seasonal testing and other deferred testing is completed as
required to fully test all sequences of operation.
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3. Complete end-of-warrantv review (LEED Additional Credit
At the end of the warranty period, the professional will conduct a review of system
operation, including interviews with building occupants and the operation and
maintenance staff.
USGBC — LEED ACREDITATION
Sustainable Design
The City of Fort Collins goal is that each new construction project will be designed using
the U. S. Green Building Council's (USGBC) LEED [tm] Green Building Rating System for
new construction and major renovations to earn at least a "gold" level certification. The
commissioning professional shall perform all services with the intent of achieving this
standard.
ANTICIPATION OF DELIVERABLES:
Design Phase
• 50% Design Development Phase Design Review
• 65% Construction Documents Design Review
• Commissioning Specifications
• Preliminary Commissioning Plan with Schedule
• 95% Construction Documents Design Review
Construction Phase
• Commissioning Scoping Meeting Minutes
• Submittal Review Reports, as appropriate
• Pre -functional Checklists for all equipment and systems to be commissioned
• Construction Observation Reports
• Deficiency Reports
Acceptance Phase
• Functional Performance Testing Reports
• Deficiency Reports
• Operation and Maintenance Review
• Operation and Maintenance training agenda reviews
• Preventive Maintenance Database
• Commissioning Report
• LEED Commissioning Certification Documents
Warranty Phase
As -built Documentation Review Report
Seasonal Testing Reports
End of Warranty Period Review
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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 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 address:
Professional: City: With Copy to:
E-Cube, Inc. City of Fort Collins, City of Fort Collins,
Attn: Mr. Leonard Rozek Operations Services Purchasing
1900 Folsom, Sutie 109 Attn: Steve Seefeld PO Box 580
Boulder, CO 80302 PO Box 580 Fort Collins, CO 80522
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 Insurance 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 attorney's 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 1,000,000.
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6. Compensation. In consideration of services to be performed pursuant to this
Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis
designated in Exhibit "B", consisting of one (1) page, attached hereto and incorporated herein by
this reference. At the election of the City, each Work Order may contain a maximum fee, which
shall be negotiated by the parties hereto for each such Work Order. Monthly partial payments
based upon the Professional's billings and itemized statements 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 to the Work Order and upon approval of the Professional's
direct reimbursable expenses. 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. 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.
9. Monthly Report. Commencing thirty (30) days after Notice to Proceed is given on
any .Work Order and every thirty days thereafter, Professional is required to provide the City
Representative with a written report of the status of the work with respect to the Work Order, 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.
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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
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 often (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.
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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,
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.
17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101,
C.R.S., et. seq., Professional represents and agrees that:
a. As of the date of this Agreement:
1. Professional does not knowingly employ or contract with an illegal alien
who will perform work under this Agreement; and
2. Professional will participate in either the e-Verify 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 "e-Verify Program") or the Department Program (the
"Department Program"), an employment verification program established
pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment
eligibility of all newly hired employees to perform work under this Agreement.
b. Professional 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. Professional is prohibited from using the e-Verify Program or Department
Program procedures to undertake pre -employment screening of job applicants while this
Agreement is being performed.
d. If Professional obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Professional
shall:
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Notify such subcontractor and the City within three days that Professional
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 Professional
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.
e. Professional 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.
If Professional 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, Professional shall be liable for actual and consequential
damages to the City arising out of Professional's violation of Subsection 8-17.5-102,
C.R.S.
g. The City will notify the Office of the Secretary of State if Professional violates this
provision of this Agreement and the City terminates the Agreement for such breach.
18. Amendment 54. To the extent that this Agreement may constitute a "sole
source government contract" within the meaning of Section 2(14.4) of Article XXVIII of the
constitution of the State of Colorado, about which the City makes no representation, Section 15
of said Article XXVIII, which reads as follows, is hereby incorporated into this Agreement and
made a part hereof:
a. Section 15. Because of a presumption of impropriety between contributions to
any campaign and sole source government contracts, contract holders shall contractually agree,
for the duration of the contract and for two years thereafter, to cease making, causing to be
made, or inducing by any means, a contribution, directly or indirectly, on behalf of the contract
holder or on behalf of his or her immediate family member and for the benefit of any political
party or for the benefit of any candidate for any elected office of the state (of Colorado) or any of
its political subdivisions.
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19. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit "C", consisting of five (5) page(s),
attached hereto and incorporated herein by this reference.
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THE CITY OF FORT COLLINS, COLORADO
By: T__
ames B. O'Neill II, CPPO, FNIGP
Direetor of Purchasing & Risk Management
Date: (Z>L?d G
E-Cube, Inc
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
Lo /02
ATTEST:
(Corporate Seal)
C per ate Secretary
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EXHIBIT "A"
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
E-Cube, Inc.
DATED:
Work Order Number:
Purchase Order Number:
Project Title: 7064 Building Commissioning Annual
Commencement Date:
Completion Date:
Maximum Fee: (time and reimbursable direct costs):
Project Description:
Scope of Services:
Acceptance
Professional agrees to perform the services
identified above and on the attached forms in
accordance with the terms and conditions contained
herein and in the Professional Services Agreement
between the parties. In the event of a conflict
between or ambiguity in the terms of the
Professional Services Agreement and this work
order (including the attached forms) the Professional
Services Agreement shall control.
The attached forms consisting of _ (_) pages are
hereby accepted and incorporated herein, by this
reference, and Notice to Proceed is hereby given.
Professional
By:
Date:
City of Fort Collins
By:
James B. O'Neill 11, CPPO, FNIGP
Director of Purchasing and Risk Management
(over $60,000.00)
Date:
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