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HomeMy WebLinkAbout475160 PIE FORENSIC CONSULTANTS - CONTRACT - AGREEMENT MISC - PIE FORENSIC CONSULTANTSPROFESSIONAL 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 PIE Forensic Consultants, 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: Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of four (4) pages, and incorporated herein by this reference. 2. Contract Period. 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 August 12, 2011. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in writing by the parties hereto. 3. 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 i n 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: City: With Copy to: PIE Forensic Consultants City of Fort Collins City of Fort Collins Attn: Eric Amhaus Attn: Kim Devoe Purchasing Dept. 6275 Joyce Drive, Suite200 PO Box 580 PO Box 580 Arvada, CO 80403-0177 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 Standard Professional Services Agreement- rev03/10 1 Final Revised Air Barrier Performance Testing Proposal Fort Collins Civic Center - Fort Collins, Colorado 1 ,•FINAL REVISED AIR BARRIER�PERFORMANCE TESTING - ' SCOPE OF WORK',, 1.0 Scope of Work 1.1 Air Barrier Performance Testing and Smoke Diagnostics A. Testing Schedule Pie will test one 3-Story Civic Center Building during one mobilization. The mobilization includes the following: • 1 day of building preparation, air barrier testing, and smoke diagnostics. B. Air Barrier Performance Testing Pie will provide the staffing and equipment necessary to conduct air barrier performance testing in accordance with the following recognized standards: • U.S. Army Corps of Engineers Air Leakage Test Protocolfor Measuring Air Leakage in Buildings C. Smoke Diagnostics • Pie will conduct a non-invasive smoke generation diagnostic evaluation of the buildings air barrier utilizing a Colt Turbo smoke machine by Concept Smoke Systems. • Pie will pressurize the building in order to conduct the smoke diagnostics and to facilitate IR imaging to be conducted by Energy Services. D. Reporting In lieu of preparing and submitting a final report, Pie will issue the following items: • Collected data and log -linear regression analysis. • Digital photographs from building preparation, testing, and smoke diagnostics. T:\Proposal s\201 I Proposals 6007.11\331-340\334 - Fort Collins Civic Center— Fort Collins Uti I ities\03 Pie Proposal\F i nal Revised\2011-06- 27-334-Civic Center-FCU-FinalRevisedProp.doc Pie Forensic Consultants 3 of 3 EXHIBIT B INSURANCE REQUIREMENTS 1. The Professional will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinaf ter and pay all costs. Before commencing work under this bid, the Professional 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 Professional, 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 Professional under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Professional'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 Professional shall maintain during the life of this Agreement for all of the Professional'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 dis ease each employee. B. Commercial General & Vehicle Liability. The Professional 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 f orm" 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 Professional 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. Standard Professional Services Agreement- rev03110 Client#: 111420 30PIEFORE ACORD., CERTIFICATE OF LIABILITY INSURANCE GATE (MM pD YYYY) 7/0712011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER BBVA Compass Ins. Agency, Inc. Denver Office 8100 E Arapahoe Road, Ste 300 Centennial, CO 80112 DO TA T NAME: PHONE 303 761-0085 303 788-1817 ac No Eat : (AID, Nq ADDRESS: CUSTOMERID p: INSURER(S)AFFORDING COVERAGE NAILO INSURED INSURERA: Valley Forge Insurance 20508 PIE Forensic Consultants, Inc. Joyce Drive #200 Arvada, Arvada, CO 60403.7541 INSURERB: Continental Casualty 20443 CNA ICanies INSURER C: Insurance Companies 02186 INSURER D INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTJL TYPE OF INSURANCE L BR POLICY NUMBER POLICYEFF MMIDDIYYYY POLICY EXP MM/DD/YYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERALLIABILITY CLAIMS -MADE OCCUR X B4012523484 0110112011 01101/2012 EACH OCCURRENCE $2 000 000 PREMISES (Ea occurrence) s300,000 MED EXP(My one person) $10,000 PERSONAL B ADV INJURY $2,000,000 GENERAL AGGREGATE $4,000,000 GEN'L AGGREGATE POLICY LIMIT APPLIES PER: X PRO LOC PRODUCTS - COMPIOP AGO $4,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOSBODILY SCHEDULED AUTOS HIRED AUTOS NON-OWNEDAUTOS B4012523470 1/01/2011 01/011201 COMBINED SINGLE LIMIT (Eaacddent) $1000000 BODILY INJURY(Per person) $ JX INJURY(Per accident) $ PROPERTY DAMAGE (Per ecodenl) $ $ $ B X UMBRELLA LIAR EXCESS LIAR OCCUR CLAIMS -MADE B4012523498 01/01/2011 01101/2011 EACH OCCURRENCE $2 000 000 AGGREGATE s2,000,000 DEDUCTIBLE RETENTION S $10000 $ X $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOMPARTNEWEXECUTIVE OFFICERIMEMBER EXCLUDED? � (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA WC413213592 Q1/01/2011 01/01/201 X WCSTAru- OTH- E. L. EACH ACCIDENT $1,000,000 E.L. DISEASE -FA EMPLOYEE $1,DDDrD00 E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 1e1, Additional Remarks Sche luls, it more apace is required) Fort Collins Civic Center. #CO111363.00-000 The City of Fort Collins is Additional Insured as respects General Liability coverage. City of Fort Collins PO Box 580 Fort Collins, CO 80522 ACORD 25 (2009109) 1 of 1 #S748971IM676359 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 01988.2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 30BAR 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. 4. 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 $N/A, according to the Insurance Requirements attached hereto as Exhibit "B", consisting of one (1) page. 5. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of Seven Thousand Six Hundred Dollars ($7,600.00). 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 hereto and upon the City's approval of the Professional's actual 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. 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 Standard Professional Services Agreement- rev03/10 2 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. 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. 8. 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. 9. 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. 10. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either pa rty should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. 11. 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 Standard Professional Services Agreement- rev03/10 3 because of the default. 12. 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. 13. 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. 14. 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: Standard Professional Services Agreement- rev03110 4 1. 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 s ection 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. f. 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. Standard Professional Services Agreement- rev03/10 THE CITY OF FORT COLLINS, COLORADO By: j a,l B. O'Neill II, CPPO, FNIGP Director �rchasing & Risk Management DATE: -1 PIE Forensic Consultants By: //�� Title: iJ lrl,c P� CORPORATE P ESIDENT OR VICE PRESIDENT Date: 7 f6 111 ATTEST: 14CJ (Corporate Seal) Corpora Secr ary I Standard Professional Services Agreement- rev03110 EXHIBIT A SCOPE OF WORK FINAL REVISED AIR BARRIER PERFORMANCE TESTING PROPOSAL: Fort Collins Civic Center Fort Collins, Colorado 6275 Joyce Drive, Suite 200 Arvada, CO 80403-7541 T 303.552.0177 1.866.552.5246 Nationwide F 303.552.0178 www.pieforensic.com www.airbarriertesting.com A Small Business Enterprise June 27, 2011 Mr. Kim S. DeVoe Energy Services Specialist Fort Collins Utilities 117 N. Mason St. Fort Collins, Colorado 80524 Reference: Final Revised Air Barrier Performance Testing Proposal — Fort Collins Civic Center - Fort Collins, Colorado. Dear Mr. DeVoe: Pie Forensic Consultants (Pie) is pleased to submit this final revised proposal to Fort Collins Utilities — Energy Services for air barrier performance testing of the Fort Collins Civic Center. Per communications with Energy Services on June 21, 2011, Pie's proposal has been revised based on the following: • Per on -going communications with the City of Fort Collins, Pie will provide post remediation air barrier testing and smoke diagnostics for the Civic Center building. • Energy Services will conduct the IR imaging with Pie providing the required building pressurization for this procedure. • Testing will be conducted during one mobilization and in accordance with the U.S. Army Corps of Engineers Air Leakage Test Protocol for Measuring Air Leakage in Buildings. Upon completion of testing, Pie will provide Energy Services with a log linear regression analysis of date with measured leakage values and digital photos obtained during testing. Per communications with Energy Services on June 27, 2011, a formal written report deliverable is not required from Pie. • One 3-Story Civic Center Building will be tested. Pie will also complete building preparation measures prior to testing. FCU will assist during preparation by opening all interior doors. These services are further described below. Final Revised Air Barrier Performance Testing Proposal Fort Collins Civic Center - Fort Coltins, Colorado .;PROPOSALSUMMARY &FEES u. SCOPE OF WORK DESCRIPTION One 3-Story Civic Center Office Building Air Barrier Performance Testing FIXED FEE • Performance Test - Smoke Diagnostics and Log Linear Regression Analysis and Digital Photos (Includes partial building preparation measures by Pie) $7,600 The fixed fee pricing above includes equipment surcharges, and related expenses. Thank you for the opportunity to submit a proposal for these services. Please do not hesitate to contact our offices should you have any questions or require any additional information. You can submit future requests for proposals for air barrier testing and building enclosure commissioning services on-line at www.airbarriertesting.com. We look forward to working with you. Sincerely, Pie Forensic Consultants Michael J. Ermisch Business Development Manager — Building Science Group AFE:MJE:afe Pie Forensic Consultants