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HomeMy WebLinkAboutRFP - P1052 NEW HOME INSPECTIONAdministrative Services Purchasing Divison 215 North Mason Street y 2nd Floor y P.O. Box 580 y Fort Collins, CO 80522-0580 y (970) 221-6775 y Fax (970) 221-6707 www.fcgov.com ADDENDUM No. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of RFP: P1052 New Home Inspection and Performance Testing OPENING DATE: 3:00 P.M. (Our Clock) January 19, 2007 To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. Questions and Answers How many homes will be inspected and/or tested in this project? As the RFP states on page 3, “Sample sizes have not yet been finalized but the total number of site visits is anticipated to be approximately 20.” We cannot provide a better estimate at this time. As noted on page 6 (Proposal Contents), we’re asking you to “clearly show fixed time/costs and incremental time/costs per home for each type of visit (insulation stage vs. completed home).” This will provide us the information we need to evaluate your proposal. How large will the homes in the sample be? Will any of them include multiple HVAC systems? Since the sample has not yet been selected, we can’t answer these definitively. But we anticipate that most of the homes will be toward the center of bell curve of new Fort Collins homes rather than on either extreme of very small or very large. We anticipate that most, if not all, of the homes in the sample will have a single HVAC system. However we encourage you to specify any incremental fee you propose to charge if more than one system is present. What do you mean when you say “Comparison with Manual D design” in Appendix A? As part of the building permit submittal, builders must include a Manual D (Air Conditioning Contractors of America) duct design. We will provide this information, along with the plans, as the contractor selected for this work performs a site visit. The contractor’s job will be to assess how closely the as-built ductwork resembles the submitted design. We expect a macro-level description that highlights general observations, rather than a detailed, run-by-run assessment. If there are discrepancies between the design and as-built system, some specific, typical examples should be cited. The selected contractor is NOT responsible for performing a Manual D duct design. What do you mean when you ask the bidder to include a “Proposed quality control protocol” in the proposal? We’re asking you to describe the steps you will take to provide data in which you and we can have a high level of confidence. Will all the homes we inspect or test have central air-conditioning systems? How will we test AC systems in cold weather? We don’t know how many homes will have AC systems. Though the market penetration of AC systems in Fort Collins is high, many new Fort Collins homes are purchased without AC installed by the builder. We realize cold weather will restrict the opportunity to test AC operation and refrigerant charge. Given those uncertainties, we encourage you to break out AC testing in your estimate of time and costs. What is the budget for this work? We are not releasing that information. We encourage you to bid competitively, while realizing that budget is just one of several criteria upon which we will evaluate proposals. Please contact Opal F. Dick, CPPO, Senior Buyer at (970) 221-6778 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. Administrative Services Purchasing Divison 215 North Mason Street y 2nd Floor y P.O. Box 580 y Fort Collins, CO 80522-0580 y (970) 221-6775 y Fax (970) 221-6707 www.fcgov.com REQUEST FOR PROPOSAL P1052 New Home Inspection and Performance Testing Written proposals, six (6) will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our clock), January 19, 2007. Proposal No. P1052. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Questions concerning the scope of the project should be directed to Project Manager Doug Swartz, (970) 221-6719. Questions regarding proposals submittal or process should be directed to Opal F. Dick, CPPO, Senior Buyer (970) 221-6778. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, https://secure2.fcgov.com/bso/login.jsp 2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a copy of the Bid. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Sincerely, James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management Administrative Services Purchasing Divison 215 North Mason Street y 2nd Floor y P.O. Box 580 y Fort Collins, CO 80522-0580 y (970) 221-6775 y Fax (970) 221-6707 www.fcgov.com REQUEST FOR PROPOSAL P1052 New Home Inspection and Performance Testing Written proposals, six (6) will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our clock), January 19, 2007. Proposal No. P1052. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Questions concerning the scope of the project should be directed to Project Manager Doug Swartz, (970) 221-6719. Questions regarding proposals submittal or process should be directed to Opal F. Dick, CPPO, Senior Buyer (970) 221-6778. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, https://secure2.fcgov.com/bso/login.jsp 2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a copy of the Bid. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Sincerely, James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management SA 09/01/06 2 Request for Proposals P1052 New Home Inspection and Performance Testing City of Fort Collins is seeking an experienced contractor who will perform visual inspections of homes under construction and performance testing of completed homes for an evaluation of new home design, construction and performance. The selected firm must not have active business relationships in the Fort Collins new home market. Background Fort Collins, Colorado is located near the northern end of the Front Range region of Colorado. The city has a population of about 120,000. Approximately 1000 units of housing are annually built in Fort Collins. City of Fort Collins is known for its advocacy and support for improved housing performance. Since the early 1990s it has promoted a building-science based, “whole-house approach” to new home design and construction. This has been done via energy codes, training for the building industry, consumers and other housing market stakeholders, development of a builder’s guide for energy-efficient design and construction, and other approaches. A new home performance study published in 2002 evaluated the impacts of the 1996 energy code and characterized the design, construction and performance of Fort Collins homes built in the mid- to late-1990s. This study was wide-ranging, including inspection of homes during construction, energy ratings and performance testing of occupied homes, energy bill analysis, energy modeling, interviews with builders and homeowners. Since the period of the homes represented in the earlier study, many things have changed: • Greater awareness about performance issues among many housing market stakeholders (What To Look For in a New Home awareness campaign, numerous educational events for the building industry sponsored by a variety of Colorado entities, New Home Stakeholder Group). • Anecdotal information about changes in typical building practices (e.g. greater use of low-e windows and 90% AFUE furnaces, improved ductwork construction, widespread use of weather-resistant barriers). • Energy code changes, including a major package of changes in the Fort Collins residential code in 2005 (the current code is a locally amended version of the 2003 International Residential Code). • Growth in the performance testing infrastructure. • Growth in the energy rating industry and the number of new homes complying with the Fort Collins code via the “Simulated Performance Alternative” path. • Growth in participation in the ENERGY STAR Homes and Built Green Colorado new home labeling programs. • Continued growth in the market penetration of residential air conditioning. SA 09/01/06 3 The City of Fort Collins plans to conduct another new home study to provide feedback on design load calculations and equipment sizing; energy code implementation and compliance; and home design, construction and performance. Compared with the earlier study, the current study is considerably smaller in scope, both in terms of tasks and sample size. The study will include: • Analysis of new home plans • Visual inspections of homes under construction • Performance testing of completed (but unoccupied) homes This Request for Proposals solicits a contractor to perform the latter two tasks (the first task will be performed by City staff). The work will require close cooperation with the two City departments collaborating on this project: Fort Collins Utilities (the municipal utility) and City of Fort Collins Building & Zoning Services (the building department). Fort Collins Utilities will manage the project. Scope of Work This section outlines the work in which the selected contractor will participate. Parts of the description are intentionally open-ended, because there is the possibility that the contractor will be assisted by City staff in some portions of the work. These details will be fleshed out in the negotiations to develop a final scope of work and contract for the selected contractor. Respondents are encouraged to describe options they feel might be feasible. Samples and Scheduling Sample sizes have not yet been finalized but are anticipated to be in the range of ten to 20 homes for each task. Homes will be selected to represent “typical” Fort Collins new construction: stick- built with gas forced-air heating. Some will have central air conditioning. Visual inspection will typically be performed after homes are insulated, prior to wallboard installation. Performance testing will typically be performed when homes are substantially completed, just before they receive a Certificate of Occupancy. The City will provide addresses and access to the homes in which the contractor will collect data. The City and contractor will work closely together to schedule site visits to minimize inconvenience to builders. For each home in the sample, the City will provide the contractor with a set of plans and specifications submitted by the builder. Visual Inspection Objectives of the visual inspection task are to: • Characterize the components and construction techniques being used; and • Learn how field practices compare with (1) code requirements and (2) the plans and specifications submitted by builders with the building permit application. SA 09/01/06 4 Components and systems to be investigated include: • Solar design aspects • Foundation • Framing • Drainage • Air sealing • Insulation • Fenestration • Water heating • Heating and cooling equipment • Heating/cooling ductwork • Combustion air supply • Mechanical ventilation • Humidification A draft list of inspection items is included in Appendix A. For each home in the sample, City staff will pre-populate the data collection form with anticipated values based on information gleaned from the builder’s plans submittal. [We need to discuss timing to see if this will be possible] Performance Testing Objectives of the performance testing task are to: • Characterize the performance of installed components and systems; and • Learn how field practices compare with (1) code requirements, (2) plans and specifications submitted by builders with the building permit application and (3) manufacturers instructions. Areas to be investigated include: • Integrity of the thermal boundary • Performance of heating and cooling equipment and forced-air distribution system • Pressure balance • Combustion safety • Mechanical ventilation performance Much of the visual inspection data collected in homes under construction will also be collected on the completed home sample, as well as several additional items that cannot be observed under construction. A draft list of inspection/testing items is included in Appendix B. Design heating and cooling air flows will be provided by the City. [May not be able to do this due to tight timing; we may be calculating these after the site visit. And having this info could potentially bias the test results?] SA 09/01/06 5 Protocols As part of the proposal requirements, respondents will propose inspection, testing and reporting protocols and forms. Well-established, standardized protocols are preferred when available and feasible. City staff and the selected contractor will work together to finalize the scope and details of the protocols, data collection forms and reporting formats. These will be pilot tested on one or two homes and, based on that experience, fine-tuned for the rest of the samples. Data collected in the testing portion need to be quality controlled on a real-time basis, to ensure that data are valid for every home. Equipment and Supplies The selected contractor will supply all necessary equipment and supplies to complete the scope of work, with the possible exception of infrared scanning equipment that the City may be able to loan for this work. Reporting Data reports on each home inspected or tested must be delivered within three working days of data collection. This includes the original data collection workbook as well as data compiled in standard electronic format. In addition to the specific data requirements, the contractor will submit well-documented digital photographs (minimum resolution 2048 x 1536 pixels) and comments that will help the analysts interpret what was observed and measured on-site. The contractor is not responsible for analysis beyond what is required to calculate the required performance parameters. Review The contractor will review the data compilation and report written by the City. Staffing The City would like to explore options in which (1) the selected contractor is responsible for the full scope of inspection and testing tasks; and (2) City staff assists the selected contractor in the site work. The potential to split the job will be discussed as part of the selection process and negotiation of scope and budget details. Communication Regular communication with the project manager is expected throughout the duration of the work. SA 09/01/06 6 Software Compatibility The City uses Microsoft Office 2002 software products. The contractor must submit data in a format compatible with these products. Additionally, the contractor must have e-mail capability to send and receive large (up to 2 MB) attachments. Liability The attached Personal Services Agreement outlines standard City requirements for insurance coverage. Confidentiality and rights to data All data collected by the contractor will be treated confidentially. The data from this project will be the property of the City. It may be possible for the contractor to use the aggregate, anonymous data from this project for other purposes, with written permission from the City. The City will consider such requests on a case-by-case basis. Timeline The timeline is outlined here. It will be adjusted based on negotiations among the selected contractor and the two City departments involved in this work, and the practicalities of accessing homes at the appropriate stages. • Hiring − RFP issued December 21, 2006 − Final questions to City January 8, 2007 − Final City response to questions January 12 − Proposals due January 19 − Proposals reviewed January 26 − Interviews (if necessary) February 1-2 − Contractor selected February 6 − Contract negotiated, work begins February 20 • Inspection and testing Completed by March 31 • Review draft data compilation, report April 30 Proposal Contents All proposals must be organized in the following format to allow an orderly review and evaluation. Address all aspects of the Scope of Work. The proposed contract between the City of Fort Collins and the successful respondent is attached for reference purposes. • Table of Contents. List proposal content by section and by page number. • Statement of understanding of required services. • Proposed protocol, tools, supplies and data collection approaches for homes-under-construction sample. Suggest other data that may be valuable. SA 09/01/06 7 • Proposed protocol, tools, supplies and data collection approaches for completed home sample. Suggest other data/testing that may be valuable. • Proposed quality control protocol (be specific on what will be checked and how). • Proposed data management and reporting approach. • Timeline. Include estimates of the number of homes in each sample that could realistically be evaluated per day. • Staffing. Describe options you feel might be feasible. Describe each team member’s or assistant’s roles and responsibilities in completing the Scope of Work. • Qualifications. Include information describing staff capabilities and experience relevant to this project. Describe experience with Northern Colorado housing stock and construction practices. When citing other projects, describe the specific role played by the respondent. • Proposed compensation and estimate of personnel time to complete this work. Provide estimates that (1) assume the bidder will do 100% of the inspection and testing work; and (2) assume that City staff will assist in the inspection and testing. Clearly state assumptions about divisions of work. Show any fixed costs and incremental costs per house in each phase of the work. • References. Provide at least five references, each including name, title, address, phone number and e-mail address of the client’s program manager. • Availability. • Potential conflicts of interest. List any business relationships that could potentially raise concerns about your ability to objectively evaluate new homes in Fort Collins. [Is this the appropriate way to say this? Also note reference in intro paragraph, page 1] SA 09/01/06 8 Appendix A DRAFT: Data to be Collected at Under-Construction Inspection Exterior photos: all elevations Solar-related design aspects • Orientation • Solar exposure and shading • Pre-planning for future solar Foundation • Crawl spaces: location/depth, thermal design, moisture barrier, insulation, ventilation, conditioning • Basements: Insulation • Slabs-on-grade: Insulation Framing practices: advanced, conventional Drainage • Overhangs • WRB, flashings • Windows, skylights, doors, decks • Wall / roof intersections Air sealing and insulation • Air barrier continuity and details • Insulation: Location, materials, R-values, installation practices, vapor barrier • Air barrier / insulation boundary alignment Windows, skylights, doors • Area • Type • Location • NFRC ratings • Solar exposure Fireplaces • Quantity • Location • Type Water heating • Water heater: quantity, location, type, make/model, rated efficiency • Standby heat loss measures Furnace and AC • Quantity • Type • Make/model • Rated AFUE, SEER, EER • AC coil model #s • Rated capacity, heat rise, ESP • Blower / motor size • Electrical ratings for furnace + AC • AC outdoor unit level? Heating/cooling ductwork • Layout − Air handler location − Sizes of major components − Components that decrease / increase pressure drop − Number of zones − Registers: quantity, locations, sizes − Comparison with Manual D design • Details on run with longest equivalent length SA 09/01/06 9 Appendix B: DRAFT: Data to be Collected at Completed Home Inspection and Testing Visual Inspection Data (it may not be possible to collect all of this data at every home) Exterior photos: all elevations Solar-related design aspects • Orientation • Solar exposure and shading • Pre-planning for future solar Foundations • Crawl spaces: location/depth, thermal design, moisture barrier, insulation, ventilation, conditioning • Basements: Insulation • Slabs-on-grade: Insulation Drainage: overhangs, gutters Windows, skylights, doors • Area • Type • Location • NFRC ratings • Solar exposure Fireplaces • Quantity • Location • Type Water heating • Water heater: quantity, location, type, make/model, rated efficiency • Standby heat loss measures Heating/cooling control type • # of zones • Thermostat type Furnace and AC • Quantity • Type • Make/model • Rated AFUE, SEER, EER • Filter type • AC coil model #s • Rated capacity, heat rise, ESP • Blower / motor size • Electrical ratings for furnace + AC • AC outdoor unit level? Ductwork • Layout − Air handler location − Sizes of major components − Components that decrease / increase pressure drop − Registers: quantity, locations, sizes − Comparison with Manual D design • Details on run with greatest equivalent length • Construction approach / materials • Sealing: materials, extent, obvious leaks • Insulation: locations, materials, R-values, practices Combustion air ducts • Number SA 09/01/06 10 Performance-Testing Data Thermal barrier integrity • Infrared scan without and with blower door • Whole-building air leakage rate • Major leakage locations • Buffer space connections to core of home Air handler • External static pressure • Total system flow Furnace • Heat rise • (Gas pressure) • (Combustion gas analysis) • (Electrical draw) Air conditioner • Refrigerant charge • (other AC performance parameters?) Ductwork • Leakage: total and supply / return split • Leakage to outdoors • Register connection to outdoors • Leakage locations • Air flow at each register (and temp?) Pressure balance at rooms with closeable doors Combustion safety: all natural gas appliances • CO production • Draft pressure • Worst-case CAZ depressurization test • Impact of closing combustion air ducts Mechanical ventilation systems • Noise • Air flow SA 09/01/06 11 REVIEW AND ASSESSMENT Professional firms will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and interview session. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING FACTOR QUALIFICATION STANDARD 2.0 Scope of Proposal Does the proposal show an understanding of the project objective, methodology to be used and results that are desired from the project? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills? Are sufficient people of the requisite skills assigned to the project? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 1.0 Motivation Is the firm interested and are they capable of doing the work in the required time frame? 2.0 Cost and Work Hours Do the proposed cost and work hours compare favorably with the project Manager's estimate? Are the work hours presented reasonable for the effort required in each project task or phase? 2.0 Firm Capability Does the firm have the support capabilities the assigned personnel require? Has the firm done previous projects of this type and scope? SA 09/01/06 12 Reference evaluation (Top Ranked Firm) The project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge a) If a study, did it meet the Scope of Work? b) If Professional administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? SA 09/01/06 13 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 , hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of ( ) page 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 ( ) page, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence , and shall continue in full force and effect until , 200 , 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 ( ) 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. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service SA 09/01/06 14 Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. [Early Termination clause here as an option. 5. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: Service Provider: In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 6. Contract Sum. The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, per the attached Exhibit "C", consisting of ( ) page(s), and incorporated herein by this reference. 7. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 8. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. SA 09/01/06 15 The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 9. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 10. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 11. Warranty. (a) Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. (b) Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. (c) Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. SA 09/01/06 16 12. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 13. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting party commences legal or 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. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit , consisting of ( ) pages[s], attached hereto and incorporated herein by this SA 09/01/06 17 reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 16. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 17. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this 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. 18. 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 verify that Contractor does not employ any illegal aliens. B. Contractor shall not knowingly employ or contract with an illegal alien to perform works under this Agreement or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract 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, SA 09/01/06 18 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. SA 09/01/06 19 CITY OF FORT COLLINS, COLORADO a municipal corporation By:_______________________________ James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney Date:_____________________________ By:_______________________________ __________________________________ PRINT NAME __________________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date:_____________________________ ATTEST: (Corporate Seal) _____________________________ CORPORATE SECRETARY 20 EXHIBIT B INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. Administrative Services Purchasing Divison 215 North Mason Street y 2nd Floor y P.O. Box 580 y Fort Collins, CO 80522-0580 y (970) 221-6775 y Fax (970) 221-6707 www.fcgov.com ADDENDUM No. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of RFP: P1052 New Home Inspection and Performance Testing OPENING DATE: 3:00 P.M. (Our Clock) January 19, 2007 To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. Questions and Answers How many homes will be inspected and/or tested in this project? As the RFP states on page 3, “Sample sizes have not yet been finalized but the total number of site visits is anticipated to be approximately 20.” We cannot provide a better estimate at this time. As noted on page 6 (Proposal Contents), we’re asking you to “clearly show fixed time/costs and incremental time/costs per home for each type of visit (insulation stage vs. completed home).” This will provide us the information we need to evaluate your proposal. How large will the homes in the sample be? Will any of them include multiple HVAC systems? Since the sample has not yet been selected, we can’t answer these definitively. But we anticipate that most of the homes will be toward the center of bell curve of new Fort Collins homes rather than on either extreme of very small or very large. We anticipate that most, if not all, of the homes in the sample will have a single HVAC system. However we encourage you to specify any incremental fee you propose to charge if more than one system is present. What do you mean when you say “Comparison with Manual D design” in Appendix A? As part of the building permit submittal, builders must include a Manual D (Air Conditioning Contractors of America) duct design. We will provide this information, along with the plans, as the contractor selected for this work performs a site visit. The contractor’s job will be to assess how closely the as-built ductwork resembles the submitted design. We expect a macro-level description that highlights general observations, rather than a detailed, run-by-run assessment. If there are discrepancies between the design and as-built system, some specific, typical examples should be cited. The selected contractor is NOT responsible for performing a Manual D duct design. What do you mean when you ask the bidder to include a “Proposed quality control protocol” in the proposal? We’re asking you to describe the steps you will take to provide data in which you and we can have a high level of confidence. Will all the homes we inspect or test have central air-conditioning systems? How will we test AC systems in cold weather? We don’t know how many homes will have AC systems. Though the market penetration of AC systems in Fort Collins is high, many new Fort Collins homes are purchased without AC installed by the builder. We realize cold weather will restrict the opportunity to test AC operation and refrigerant charge. Given those uncertainties, we encourage you to break out AC testing in your estimate of time and costs. What is the budget for this work? We are not releasing that information. We encourage you to bid competitively, while realizing that budget is just one of several criteria upon which we will evaluate proposals. Please contact Opal F. Dick, CPPO, Senior Buyer at (970) 221-6778 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. Administrative Services Purchasing Divison 215 North Mason Street y 2nd Floor y P.O. Box 580 y Fort Collins, CO 80522-0580 y (970) 221-6775 y Fax (970) 221-6707 www.fcgov.com REQUEST FOR PROPOSAL P1052 New Home Inspection and Performance Testing Written proposals, six (6) will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our clock), January 19, 2007. Proposal No. P1052. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Questions concerning the scope of the project should be directed to Project Manager Doug Swartz, (970) 221-6719. Questions regarding proposals submittal or process should be directed to Opal F. Dick, CPPO, Senior Buyer (970) 221-6778. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, https://secure2.fcgov.com/bso/login.jsp 2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a copy of the Bid. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Sincerely, James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management SA 09/01/06 2 Request for Proposals P1052 New Home Inspection and Performance Testing City of Fort Collins is seeking an experienced contractor who will perform visual inspections of homes under construction and performance testing of completed homes for an evaluation of new home design, construction and performance. The selected firm must not have active business relationships in the Fort Collins new home market. Background Fort Collins, Colorado is located near the northern end of the Front Range region of Colorado. The city has a population of about 120,000. Approximately 1000 units of housing are annually built in Fort Collins. City of Fort Collins is known for its advocacy and support for improved housing performance. Since the early 1990s it has promoted a building-science based, “whole-house approach” to new home design and construction. This has been done via energy codes, training for the building industry, consumers and other housing market stakeholders, development of a builder’s guide for energy-efficient design and construction, and other approaches. A new home performance study published in 2002 evaluated the impacts of the 1996 energy code and characterized the design, construction and performance of Fort Collins homes built in the mid- to late-1990s. This study was wide-ranging, including inspection of homes during construction, energy ratings and performance testing of occupied homes, energy bill analysis, energy modeling, interviews with builders and homeowners. Since the period of the homes represented in the earlier study, many things have changed: • Greater awareness about performance issues among many housing market stakeholders (What To Look For in a New Home awareness campaign, numerous educational events for the building industry sponsored by a variety of Colorado entities, New Home Stakeholder Group). • Anecdotal information about changes in typical building practices (e.g. greater use of low-e windows and 90% AFUE furnaces, improved ductwork construction, widespread use of weather-resistant barriers). • Energy code changes, including a major package of changes in the Fort Collins residential code in 2005 (the current code is a locally amended version of the 2003 International Residential Code). • Growth in the performance testing infrastructure. • Growth in the energy rating industry and the number of new homes complying with the Fort Collins code via the “Simulated Performance Alternative” path. • Growth in participation in the ENERGY STAR Homes and Built Green Colorado new home labeling programs. • Continued growth in the market penetration of residential air conditioning. SA 09/01/06 3 The City of Fort Collins plans to conduct another new home study to provide feedback on design load calculations and equipment sizing; energy code implementation and compliance; and home design, construction and performance. Compared with the earlier study, the current study is considerably smaller in scope, both in terms of tasks and sample size. The study will include: • Analysis of new home plans • Visual inspections of homes under construction • Performance testing of completed (but unoccupied) homes This Request for Proposals solicits a contractor to perform the latter two tasks (the first task will be performed by City staff). The work will require close cooperation with the two City departments collaborating on this project: Fort Collins Utilities (the municipal utility) and City of Fort Collins Building & Zoning Services (the building department). Fort Collins Utilities will manage the project. Scope of Work This section outlines the work in which the selected contractor will participate. Parts of the description are intentionally open-ended, because there is the possibility that the contractor will be assisted by City staff in some portions of the work. These details will be fleshed out in the negotiations to develop a final scope of work and contract for the selected contractor. Respondents are encouraged to describe options they feel might be feasible. Samples and Scheduling Sample sizes have not yet been finalized but are anticipated to be in the range of ten to 20 homes for each task. Homes will be selected to represent “typical” Fort Collins new construction: stick- built with gas forced-air heating. Some will have central air conditioning. Visual inspection will typically be performed after homes are insulated, prior to wallboard installation. Performance testing will typically be performed when homes are substantially completed, just before they receive a Certificate of Occupancy. The City will provide addresses and access to the homes in which the contractor will collect data. The City and contractor will work closely together to schedule site visits to minimize inconvenience to builders. For each home in the sample, the City will provide the contractor with a set of plans and specifications submitted by the builder. Visual Inspection Objectives of the visual inspection task are to: • Characterize the components and construction techniques being used; and • Learn how field practices compare with (1) code requirements and (2) the plans and specifications submitted by builders with the building permit application. SA 09/01/06 4 Components and systems to be investigated include: • Solar design aspects • Foundation • Framing • Drainage • Air sealing • Insulation • Fenestration • Water heating • Heating and cooling equipment • Heating/cooling ductwork • Combustion air supply • Mechanical ventilation • Humidification A draft list of inspection items is included in Appendix A. For each home in the sample, City staff will pre-populate the data collection form with anticipated values based on information gleaned from the builder’s plans submittal. [We need to discuss timing to see if this will be possible] Performance Testing Objectives of the performance testing task are to: • Characterize the performance of installed components and systems; and • Learn how field practices compare with (1) code requirements, (2) plans and specifications submitted by builders with the building permit application and (3) manufacturers instructions. Areas to be investigated include: • Integrity of the thermal boundary • Performance of heating and cooling equipment and forced-air distribution system • Pressure balance • Combustion safety • Mechanical ventilation performance Much of the visual inspection data collected in homes under construction will also be collected on the completed home sample, as well as several additional items that cannot be observed under construction. A draft list of inspection/testing items is included in Appendix B. Design heating and cooling air flows will be provided by the City. [May not be able to do this due to tight timing; we may be calculating these after the site visit. And having this info could potentially bias the test results?] SA 09/01/06 5 Protocols As part of the proposal requirements, respondents will propose inspection, testing and reporting protocols and forms. Well-established, standardized protocols are preferred when available and feasible. City staff and the selected contractor will work together to finalize the scope and details of the protocols, data collection forms and reporting formats. These will be pilot tested on one or two homes and, based on that experience, fine-tuned for the rest of the samples. Data collected in the testing portion need to be quality controlled on a real-time basis, to ensure that data are valid for every home. Equipment and Supplies The selected contractor will supply all necessary equipment and supplies to complete the scope of work, with the possible exception of infrared scanning equipment that the City may be able to loan for this work. Reporting Data reports on each home inspected or tested must be delivered within three working days of data collection. This includes the original data collection workbook as well as data compiled in standard electronic format. In addition to the specific data requirements, the contractor will submit well-documented digital photographs (minimum resolution 2048 x 1536 pixels) and comments that will help the analysts interpret what was observed and measured on-site. The contractor is not responsible for analysis beyond what is required to calculate the required performance parameters. Review The contractor will review the data compilation and report written by the City. Staffing The City would like to explore options in which (1) the selected contractor is responsible for the full scope of inspection and testing tasks; and (2) City staff assists the selected contractor in the site work. The potential to split the job will be discussed as part of the selection process and negotiation of scope and budget details. Communication Regular communication with the project manager is expected throughout the duration of the work. SA 09/01/06 6 Software Compatibility The City uses Microsoft Office 2002 software products. The contractor must submit data in a format compatible with these products. Additionally, the contractor must have e-mail capability to send and receive large (up to 2 MB) attachments. Liability The attached Personal Services Agreement outlines standard City requirements for insurance coverage. Confidentiality and rights to data All data collected by the contractor will be treated confidentially. The data from this project will be the property of the City. It may be possible for the contractor to use the aggregate, anonymous data from this project for other purposes, with written permission from the City. The City will consider such requests on a case-by-case basis. Timeline The timeline is outlined here. It will be adjusted based on negotiations among the selected contractor and the two City departments involved in this work, and the practicalities of accessing homes at the appropriate stages. • Hiring − RFP issued December 21, 2006 − Final questions to City January 8, 2007 − Final City response to questions January 12 − Proposals due January 19 − Proposals reviewed January 26 − Interviews (if necessary) February 1-2 − Contractor selected February 6 − Contract negotiated, work begins February 20 • Inspection and testing Completed by March 31 • Review draft data compilation, report April 30 Proposal Contents All proposals must be organized in the following format to allow an orderly review and evaluation. Address all aspects of the Scope of Work. The proposed contract between the City of Fort Collins and the successful respondent is attached for reference purposes. • Table of Contents. List proposal content by section and by page number. • Statement of understanding of required services. • Proposed protocol, tools, supplies and data collection approaches for homes-under-construction sample. Suggest other data that may be valuable. SA 09/01/06 7 • Proposed protocol, tools, supplies and data collection approaches for completed home sample. Suggest other data/testing that may be valuable. • Proposed quality control protocol (be specific on what will be checked and how). • Proposed data management and reporting approach. • Timeline. Include estimates of the number of homes in each sample that could realistically be evaluated per day. • Staffing. Describe options you feel might be feasible. Describe each team member’s or assistant’s roles and responsibilities in completing the Scope of Work. • Qualifications. Include information describing staff capabilities and experience relevant to this project. Describe experience with Northern Colorado housing stock and construction practices. When citing other projects, describe the specific role played by the respondent. • Proposed compensation and estimate of personnel time to complete this work. Provide estimates that (1) assume the bidder will do 100% of the inspection and testing work; and (2) assume that City staff will assist in the inspection and testing. Clearly state assumptions about divisions of work. Show any fixed costs and incremental costs per house in each phase of the work. • References. Provide at least five references, each including name, title, address, phone number and e-mail address of the client’s program manager. • Availability. • Potential conflicts of interest. List any business relationships that could potentially raise concerns about your ability to objectively evaluate new homes in Fort Collins. [Is this the appropriate way to say this? Also note reference in intro paragraph, page 1] SA 09/01/06 8 Appendix A DRAFT: Data to be Collected at Under-Construction Inspection Exterior photos: all elevations Solar-related design aspects • Orientation • Solar exposure and shading • Pre-planning for future solar Foundation • Crawl spaces: location/depth, thermal design, moisture barrier, insulation, ventilation, conditioning • Basements: Insulation • Slabs-on-grade: Insulation Framing practices: advanced, conventional Drainage • Overhangs • WRB, flashings • Windows, skylights, doors, decks • Wall / roof intersections Air sealing and insulation • Air barrier continuity and details • Insulation: Location, materials, R-values, installation practices, vapor barrier • Air barrier / insulation boundary alignment Windows, skylights, doors • Area • Type • Location • NFRC ratings • Solar exposure Fireplaces • Quantity • Location • Type Water heating • Water heater: quantity, location, type, make/model, rated efficiency • Standby heat loss measures Furnace and AC • Quantity • Type • Make/model • Rated AFUE, SEER, EER • AC coil model #s • Rated capacity, heat rise, ESP • Blower / motor size • Electrical ratings for furnace + AC • AC outdoor unit level? Heating/cooling ductwork • Layout − Air handler location − Sizes of major components − Components that decrease / increase pressure drop − Number of zones − Registers: quantity, locations, sizes − Comparison with Manual D design • Details on run with longest equivalent length SA 09/01/06 9 Appendix B: DRAFT: Data to be Collected at Completed Home Inspection and Testing Visual Inspection Data (it may not be possible to collect all of this data at every home) Exterior photos: all elevations Solar-related design aspects • Orientation • Solar exposure and shading • Pre-planning for future solar Foundations • Crawl spaces: location/depth, thermal design, moisture barrier, insulation, ventilation, conditioning • Basements: Insulation • Slabs-on-grade: Insulation Drainage: overhangs, gutters Windows, skylights, doors • Area • Type • Location • NFRC ratings • Solar exposure Fireplaces • Quantity • Location • Type Water heating • Water heater: quantity, location, type, make/model, rated efficiency • Standby heat loss measures Heating/cooling control type • # of zones • Thermostat type Furnace and AC • Quantity • Type • Make/model • Rated AFUE, SEER, EER • Filter type • AC coil model #s • Rated capacity, heat rise, ESP • Blower / motor size • Electrical ratings for furnace + AC • AC outdoor unit level? Ductwork • Layout − Air handler location − Sizes of major components − Components that decrease / increase pressure drop − Registers: quantity, locations, sizes − Comparison with Manual D design • Details on run with greatest equivalent length • Construction approach / materials • Sealing: materials, extent, obvious leaks • Insulation: locations, materials, R-values, practices Combustion air ducts • Number SA 09/01/06 10 Performance-Testing Data Thermal barrier integrity • Infrared scan without and with blower door • Whole-building air leakage rate • Major leakage locations • Buffer space connections to core of home Air handler • External static pressure • Total system flow Furnace • Heat rise • (Gas pressure) • (Combustion gas analysis) • (Electrical draw) Air conditioner • Refrigerant charge • (other AC performance parameters?) Ductwork • Leakage: total and supply / return split • Leakage to outdoors • Register connection to outdoors • Leakage locations • Air flow at each register (and temp?) Pressure balance at rooms with closeable doors Combustion safety: all natural gas appliances • CO production • Draft pressure • Worst-case CAZ depressurization test • Impact of closing combustion air ducts Mechanical ventilation systems • Noise • Air flow SA 09/01/06 11 REVIEW AND ASSESSMENT Professional firms will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and interview session. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING FACTOR QUALIFICATION STANDARD 2.0 Scope of Proposal Does the proposal show an understanding of the project objective, methodology to be used and results that are desired from the project? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills? Are sufficient people of the requisite skills assigned to the project? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 1.0 Motivation Is the firm interested and are they capable of doing the work in the required time frame? 2.0 Cost and Work Hours Do the proposed cost and work hours compare favorably with the project Manager's estimate? Are the work hours presented reasonable for the effort required in each project task or phase? 2.0 Firm Capability Does the firm have the support capabilities the assigned personnel require? Has the firm done previous projects of this type and scope? SA 09/01/06 12 Reference evaluation (Top Ranked Firm) The project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge a) If a study, did it meet the Scope of Work? b) If Professional administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? SA 09/01/06 13 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 , hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of ( ) page 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 ( ) page, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence , and shall continue in full force and effect until , 200 , 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 ( ) 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. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service SA 09/01/06 14 Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. [Early Termination clause here as an option. 5. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: Service Provider: In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 6. Contract Sum. The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, per the attached Exhibit "C", consisting of ( ) page(s), and incorporated herein by this reference. 7. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 8. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. SA 09/01/06 15 The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 9. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 10. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 11. Warranty. (a) Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. (b) Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. (c) Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. SA 09/01/06 16 12. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 13. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting party commences legal or 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. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit , consisting of ( ) pages[s], attached hereto and incorporated herein by this SA 09/01/06 17 reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 16. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 17. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this 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. 18. 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 verify that Contractor does not employ any illegal aliens. B. Contractor shall not knowingly employ or contract with an illegal alien to perform works under this Agreement or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract 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, SA 09/01/06 18 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. SA 09/01/06 19 CITY OF FORT COLLINS, COLORADO a municipal corporation By:_______________________________ James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney Date:_____________________________ By:_______________________________ __________________________________ PRINT NAME __________________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date:_____________________________ ATTEST: (Corporate Seal) _____________________________ CORPORATE SECRETARY 20 EXHIBIT B INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. Administrative Services Purchasing Divison 215 North Mason Street y 2nd Floor y P.O. Box 580 y Fort Collins, CO 80522-0580 y (970) 221-6775 y Fax (970) 221-6707 www.fcgov.com REQUEST FOR PROPOSAL P1052 New Home Inspection and Performance Testing Written proposals, six (6) will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our clock), January 19, 2007. Proposal No. P1052. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Questions concerning the scope of the project should be directed to Project Manager Doug Swartz, (970) 221-6719. Questions regarding proposals submittal or process should be directed to Opal F. Dick, CPPO, Senior Buyer (970) 221-6778. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, https://secure2.fcgov.com/bso/login.jsp 2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a copy of the Bid. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Sincerely, James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management • Diameter • Length • Termination location • Labeling Spot ventilation • Bath fan type / specs • Kitchen stove type • Kitchen hood type / specs Whole-house ventilation • System type / description Humidifiers: type and quantity Cooling equipment other than central AC • Ceiling fans • Whole-house fan • Evaporative cooler Lighting Inventory: fixtures, # sockets, bulb type and wattage, control type • Construction approach / materials • Sealing: materials, extent, obvious leaks • Insulation: locations, materials, R-values, practices Combustion air ducts • Number • Diameter • Length • Termination location • Labeling Spot ventilation • Bath fan type / specs • Bath fan duct and termination • Kitchen stove type • Kitchen hood type / specs • Kitchen hood duct and termination Whole-house ventilation • System type / description • Installation Humidifiers: type and quantity Cooling equipment other than central AC • Ceiling fans • Whole-house fan • Evaporative cooler • Diameter • Length • Termination location • Labeling Spot ventilation • Bath fan type / specs • Kitchen stove type • Kitchen hood type / specs Whole-house ventilation • System type / description Humidifiers: type and quantity Cooling equipment other than central AC • Ceiling fans • Whole-house fan • Evaporative cooler Lighting Inventory: fixtures, # sockets, bulb type and wattage, control type • Construction approach / materials • Sealing: materials, extent, obvious leaks • Insulation: locations, materials, R-values, practices Combustion air ducts • Number • Diameter • Length • Termination location • Labeling Spot ventilation • Bath fan type / specs • Bath fan duct and termination • Kitchen stove type • Kitchen hood type / specs • Kitchen hood duct and termination Whole-house ventilation • System type / description • Installation Humidifiers: type and quantity Cooling equipment other than central AC • Ceiling fans • Whole-house fan • Evaporative cooler