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Home My WebLink AboutC09-391 Energy Service Assoc AgreementAGREEMENT FOR CONTRACTUAL SERVICES THIS AGREEMENT ( "Agreement ") is entered into this day o , 2009 between Eagle County by and through its Board of County Commissioners ( "County" on behalf of the Eagle County Justice Center Financing Corporation, a Colorado nonprofit corporation organized for the benefit of the people of Eagle County (the "Corporation ") and Energy Service Associates, Inc., doing business at 2933 Nogales Court, Boulder, CO 80301 hereinafter referred to as "Cx Agent ". WITNESSETH Whereas, the County has entered into a Lease Purchase Agreement with the Corporation dated as of September 1, 2008, for the lease of certain improvements to be constructed on property that the Corporation controls as a ground lessee for use as a justice center of Eagle County; and Whereas, the County is obliged under the Lease Purchase Agreement to act on the Corporation's behalf to design and construct the improvements, and to enter into contracts to that end on behalf of the Corporation as the disclosed principal; and Whereas, title to the improvements shall at all times vest in the Corporation, in accordance with the terms of the Lease Purchase Agreement; and Whereas, Wells Fargo Bank, National Association or its assignee, pursuant to the Lease Purchase Agreement, between Eagle County Justice Corporation, as lessor, and Eagle County, Colorado as lessee is the "Trustee" and shall be referred to as such hereinafter; and Whereas, the County desires to employ the Cx Agent to provide Commissioning Services for the Eagle County Justice Center Project; and Whereas, the Cx Agent is qualified to provide these services and will coordinate its services with FCI Constructors, Inc. ( "General Contractor "), Reilly Johnson Architecture ( "Architect "), and contractors and subcontractors described by this Agreement, herein. NOW THEREFORE, in consideration of mutual promises and covenants contained herein, the parties hereto do mutually agree as follows: 1. Term. This agreement is effective upon execution by the parties and shall continue until the project is complete unless earlier terminated as provided herein. 2. Duties of the Cx Agent. The Cx Agent shall have and perform the following duties as set forth more fully and more particularly in Exhibit "A" Request for Proposal for Commissioning Services for Eagle County Justice Center, Eagle, Colorado and Exhibit "A- 1" Scope And Pricing incorporated herein by reference. 2.1 Cx Agent shall understand the design intent through review of the contract documents (drawings and specifications). A formal peer review shall not be performed, however the Cx agent may provide comments on items to allow the system to be properly Page 1 of 13 . Cx Agent, during its Commissioning Services, will work with the actor, Architect, County, and contractors. 2.2 The Cx Agent shall review project submittals and submittal review comments, for general understanding of the systems and equipment being installed. The list of systems to be commissioned is at 12.9 of this Agreement. 2.3 The contractors will not receive change orders for any additional commissioning work. Therefore, the Cx Agent shall coordinate with the contractors for all commissioning activities to provide integrated commissioning. The contractors shall perform all start-up and functional testing with oversight from the Cx Agent. The Cx Agent shall work within the contractors' project schedule, to incorporate the commissioning work. 2.4 'The Cx Agent shall provide a commissioning plan to be reviewed by the Architect/Engineer /County /contractors ( "Commissioning Plan"). The Commissioning Plan shall include sample pre - functional checklists, functional checklists and system verification test forms. 2.5 The Commissioning Plan shall identify the process for problem resolution in case equipment does not perform to the level intended and expected by the design. The Cx Agent shall be responsible for working with the Architect/Engineer /contractors to trouble hoot system deficiencies and suggest possible solutions. 2.6 In addition to the above items, the Commissioning Services will consist of three primary parts: a. Pre - functional Inspection — During the Pre - functional Inspection Cx Agent will use checklists to review all equipment installations prior to start-up for the purpose of confirming the equipment is installed according to the contract documents, and that any conflicts between the contract documents and the installation is resolved prior to the performance tests. Also, Cx Agent will coordinate with the contractors to utilize their forms for their particular system or Cx Agent will coordinate with the contractors to generate forms for each system. b. Functional Performance Tests — This effort involves actual performance tests on each piece of equipment. Although the tests do not confirm the building will function as a "system," it does validate that each individual piece of equipment is performing per the specifications. Cx Agent will coordinate with the contractors and utilize their forms and add any necessary information as appropriate. c. Performance Verification Tests — At the start of this process, each individual piece of equipment is tied to an overall "system test." It is anticipated the building will be tested as a whole, where all independent components are tied together to function as a system. Th Cx Agent shall coordinate with the contractors to develop the project Pre - Functional and Fu tional checklists of each system and piece of equipment to be commissioned. Reference the ist of systems to be commissioned below in 12.9 and its sub - paragraphs. Page 2 of 13 2.7 The Cx Agent shall conduct commissioning meetings that are coordinated with the regular construction meetings and site visits at predetermined times. Cx Agent shall not be responsible for site observation reports. The Engineer may not be in attendance at these meetings, but will be available on an as- needed basis to assist in major system startup. 2.8 The Cx Agent shall review the "Eco -build Commercial" requirements, along with the contract documents. In doing so, Cx Agent shall provide the necessary reports to satisfy the Eco -Build documentation submittal requirements. 2.9 The following systems shall be included in the commissioning process: 2.9.1 Smoke Control System (New system) — The Cx Agent shall have a Fire Protection Engineer on staff or shall hire a subcontractor to provide "Special Inspection" in accordance with 2006 IBC Section 909. This Fire Protection Engineer shall review the smoke control report and system rational analysis prepared by the Engineer of Record, and shall create a test plan to verify the complete smoke control system operates in accordance with the design intent. This Fire Protection Engineer shall also review all smoke control system shop drawings from the contractor and perform periodic observations of the system installation. A final report of the testing shall be prepared by the Cx Agent. Smoke Control System (Existing system) - The Cx Agent's Fire Protection Engineer or hired subcontractor will test the existing smoke control system at the jail and provide a report with a corrective action plan and/or other recommendations. 2.9.2 HVAC Systems: 2.9.2.1 Air Handling Units — Cx Agent shall be part of system startup. Operation of approximately 20% of VAV units shall be verified. 2.9.2.2 Boilers — Cx agent shall verify overall system operation, pressures, temperatures, proper pumping of system based on sequence of operations, heat in spaces, etc.. 2.9.2.3 HVAC Controls — Cx Agent shall verify proper operation of system "front -end" and shall "spot- check" approximately 20% of system sequences of operation. 2.9.3 Domestic Hot Water — Cx agent shall verify proper balance of recirculation water system, and shall verify hot water to all plumbing fixtures requiring hot water. In addition, the Cx agent shall verify temperatures at all thermostatic mixing valves. 2.9.4 Fire Protection System — Cx Agent shall have a Fire Protection Engineer on staff or subcontracted to review fire protection drawings with the Fire Marshal during construction. 2.9.5 Fire Alarm System — Cx Agent shall review shop drawings and testing, Page 3 of 13 especially as it relates to life safety systems and smoke control systems. 10 A final commissioning report shall be submitted that includes all pre - functional, functional and performance verification tests, and a summary of the commissioning efforts. Additionally, Cx Agent shall adhere to obligations for services they have set forth in the Commissioning Services Proposal, made a part of this Agreement as Attachment `B ". Cx Agent shall promptly correct work rejected by County as failing to conform to the requirements of the Agreement and Cx Agent shall bear the cost of correcting such rejected Work. 2,11 While performing work at the Eagle County Justice Center, Cx Agent shall comply with General Contractor's Safety Program and Procedures. 3. Time of Performance. 3.1 Cx Agent shall follow the schedule as set forth in Attachment "C" (hereinafter "Provisional Schedule ") while coordinating with the General Contractor to assure no delays in the commissioning of the System. 3.2 As soon as the Notice to Proceed is issued to the Cx Agent as set forth in 16.2 of this Agreement, Cx Agent shall set the Provisional Schedule to calendar dates, as practically afi possible (hereinafter the schedule set to calendar dates shall be referred to as the "Updated Schedule "). 3.3 Following County Representative's approval and signature of the Updated Schedule the schedule will be considered finalized and will be attached to this Agreement and incorporated herein by reference. 4. Representations and Warranties. By executing this Agreement, the Cx Agent makes the following express representations and warranties: 4.1. The Cx Agent is a professional qualified to perform the services described. 4.2. The Cx Agent warrants all the work performed by the Cx Agent and their subcontractors i adequate and sufficient to meet the requirements and accomplish the purposes of the agreement. 4.3. The Cx Agent acknowledges that the County's review of the work performed in no way diminishes the Cx Agent's warranty pertaining to the work performed. 5. Method of Payment. For all services actually, timely and satisfactorily performed, the Cx Agent w'11 be paid as follows: 5.1. he Cx Agent shall be paid the sum of fifty six thousand nine hundred five dollars ($56,905). 5.2 As a condition precedent for any payment, the Cx Agent shall submit monthly invoices to the County requesting payment for services properly rendered and stating expenses 4e. The Cx Agent's invoice shall describe with reasonable particularity each service rendered and the date thereof. The Cx Agent's invoice shall be accompanied by documentation or data in support of expenses for which payment is sought as the County Page 4 of 13 may require. Each invoice shall bear the signature of the Cx Agent, which signature shall constitute the Cx Agent's representation to the County that the services indicated in the invoice have reached the level stated, have been properly and timely performed as required herein, that the expenses included in the invoice have been reasonably incurred in accordance with this Agreement, that all services provided are for a public purpose, that all obligations of the Cx Agent covered by prior invoices have been paid in full, and that the amount requested is currently due and owing, there being no reason known to the Cx Agent that payment of any portion thereof should be withheld. Submission of the Cx Agent's invoice for the final payment shall further constitute the Cx Agent's representation to the County that, upon receipt by the County of the amount invoiced, all obligations of the Cx Agent to others, including its consultants, incurred in connection with the Project, will be paid in full. The Cx Agent shall submit invoices to the County at the following address: Rick Ullom, Construction Manager PO Box 850 Eagle, CO 81631 5.3 All provisions of this Agreement, including without limitation those establishing obligations and procedures, shall remain in full force and effect notwithstanding the making or acceptance of final payment. 6. Duties of the County. The County shall have and perform the following duties, obligations, and responsibilities to the Cx Agent: 6.1 The County will provide all necessary escort staff and background checks on Cx Agent's staff. 6.2 The County will issue a written Notice to Proceed ( "NTP ") to the Cx Agent. Cx Agent will not commence any work under this Agreement until the Notice to proceed has been issued. The County's Construction Manager is authorized to sign the NTP. 7. Notice. Except as otherwise provided in this Agreement any notice of default or termination from either party to the other party must be in writing and sent by certified mail, return receipt requested, or by personal delivery with receipt. For purposes of all notices, Cx Agent's and County representative are: County: Eagle County Project Management Department Rick Ullom, Construction Manager P.O. Box 850 Eagle, CO 81631 970 - 328 -8780 Cx Agent: ESA, Inc. Mike Renner 2933 Nogales Court Boulder, CO. 80301 Page 5 of 13 8. Default and Termination 8.1.The failure of the Cx Agent to comply with any provision of this Agreement will place the Cx Agent in default. Prior to terminating the Agreement, the County will notify the Cx Agent in writing. This notification will make specific reference to the provision which gave rise to the default. The County will give the Cx Agent fourteen (14) days to cure the default. The County representative, as written in 17 of this Agreement, is authorized to provide written notice of default on behalf of the County, and if the default situation is n t corrected within the allotted time the Construction Manager is authorized to provide fi al termination notice on behalf of the County to the Cx Agent. 9. Insu ance. At all times during the term of this Agreement, Cx Agent will procure and maintain the following insurance: 9.1 Claims under Workmen's Compensations, disability benefits, and other similar employee benefit acts, with coverage and in amounts as required by the laws of the State of Colorado. 9.2 Comprehensive General Liability Coverage in the minimum amount of $1,000,000 per person as well as $1,000,000 per occurrence for coverage of claims for damage arising from the performance of services under this Agreement, including but not limited to personal injury or death, property damage, and other damages imposed by law upon Cx Agent with respect to all work performed by them. 9.3 Comprehensive Automobile Insurance in the amounts as required by the laws of the State of Colorado. 9.4 All insurance required hereby shall be issued by an insurance company or companies authorized to do business in the State of Colorado. 9.5 Such policies as set forth in sections 9.1, 9.2, 9.3, and 9.4 of this Agreement shall include the County, the Corporation, and the Trustee, as their respective interests may appear, as additional named insured, and shall include a provision prohibiting cancellation, termination, or alteration without 30 days prior notice by certified mail to the County, the Corporation and the Trustee. Certificates of Insurance acceptable to the County, the rporation and the Trustee evidencing the above required amounts shall be filed with tt e County, the Corporation and the Trustee within ten (10) days from the execution of tf. is Agreement. 10. ftrmits. The Cx Agent will obtain and pay for all necessary permits, permit application f es, licenses or any fees required. 11. I,�ws & Regulations. The Cx Agent will comply with all laws, ordinances, regulations, and building code requirements applicable to the work required by this Agreement. The Cx Agent is presumed to be familiar with all state and local laws, ordinances, code rules and regulations that may in any way affect the work outlined in this Agreement. If the Cx Agent is not familiar with state and local laws, ordinances, code rules and regulations, the Cx Agent remains liable for any violation and all subsequent damages or fines. 12. Page 6 of 13 The Cx Agent agrees to protect, defend, indemnify, and hold the County and their officers, employees and agents free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character arising out of or directly or indirectly relating to any and all claims, liens, demands, obligations, actions, proceedings or causes of action of every kind and character in connection with or arising directly or indirectly out of this Agreement and/or the performance hereof. Without limiting the generality of the foregoing, any and all such claims, etc., including but not limited to personal injury, death, damage to property (including destruction) defects in materials or workmanship, actual or alleged infringement of any patent, trademark, copyright (or application for any thereof) or of any other tangible or intangible personal or property right, provided, however, that the alleged infringement is not the result of the incorporation of Cx Agent's product with Work not supplied by Cx Agent, the alteration or misapplication of Cx Agent's Work, or if the Work was performed according to County's written specifications or any actual or alleged violation of any applicable statute, ordinance, administrative order, rule or regulation or decree of any court, shall be included in the indemnity hereunder. 13. Confidentiality. The Cx Agent and County acknowledge that, during the term of this Agreement and in the course of the Cx Agent rendering the Cx Agent's Services, the Cx Agent and County may acquire knowledge of the business operations of the other party not generally known deemed confidential. The parties shall not disclose, use, publish or otherwise reveal, either directly or through another, to any person, firm or corporation, any such confidential knowledge or information and shall retain all knowledge and information which he has acquired as the result of this Agreement in trust in a fiduciary capacity for the sole benefit of the other party during the term of this Agreement, and for a period of five (5) years following termination of this Agreement. Any such information must be marked as confidential. The parties recognize that the County is subject to the Colorado Open Records Act and nothing herein shall preclude a release of information that is subject to the same. 14. Successors and Assigns. The Cx Agent and County each bind the other and their respective successors and assigns in all respects to all of the terms, conditions, covenants, and provisions of this Agreement. 15. Independent Contractor. 15.1 With respect to the provision of the Cx Agent's Services hereunder, Cx Agent acknowledges that Cx Agent is an independent contractor providing services to the County. Nothing in this Agreement shall be deemed to make Cx Agent an agent, employee, partner or representative of County. Page 7 of 13 1.2 The Cx Agent shall not have the authority to, and will not make any commitments or enter into any agreement with any party on behalf of County without the written consent of the Board of County Commissioners. The Cx Agent and its employees are not entitled to workers' compensation benefits through the County. The Cx Agent is solely responsible for necessary and adequate workers' compensation insurance and shall be responsible for withholding and paying all federal and state taxes. The Cx Agent and its employees are not entitled to unemployment insurance benefits unless unemployment compensation coverage is provided by an entity other than the County. The Cx Agent hereby acknowledges full and complete liability for and timely payment of all local, state and federal taxes imposed including, without limitation, tax on self - employment income, unemployment taxes and income taxes. i.4 Policies and decisions of Cx Agent, which may be represented by Cx Agent in performance of this Agreement, shall not be construed to be the policies or decisions of the County. 16. Collusion. By signing this Agreement, the Cx Agent declares that this Agreement is made without any previous understanding, agreement, or connections with any persons, contractors or corporations and that this Agreement is fair, and made in good faith without any outside control, collusion, or fraud. 17. Conflict of Interest. The Cx Agent warrants that it nor any of its employees have any financial or personal interest that conflicts with the execution of this Agreement. The Cx ent shall notify the County of any conflict of interest due to any other clients, c ntracts, or property interests. 18. Third Partv Beneficiaries. This Agreement does not create any relationship with, or any rights in favor of, any third party. 19. Severability. If any provision of this Agreement is declared void by a court of law, all other provisions will remain in full force and effect. 20. Non Waiver. The failure of any party to exercise any right in this Agreement shall not be c nsidered a waiver of such right. 21. Ckwerning Law and Venue. This agreement is governed in accordance with the laws of t e State of Colorado. Venue shall be in the Fifth Judicial District, Eagle, Colorado. 22. Utachments. All exhibits attached to this Agreement are incorporated into and made po of this Agreement by reference. Page 8 of 13 23. Amendments. The parties may amend this Agreement only by mutual written agreement of the parties. 24. Captions and Section Headings. Captions and section headings used herein are for convenience only and shall not be used in Construing this Agreement. 25. Construction. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by one of the parties. It is recognized that both parties have substantially contributed to the preparation of this Agreement. 26. Counterparts. This Agreement may be executed in any number of and by the different parties hereto on separate counterparts, each of which when so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same instrument. 27. Entire Agreement. This agreement constitutes the entire agreement and supersedes all prior written or oral agreements, understanding, or representations. 28. Appropriations. Financial obligations of the County payable after the current fiscal year are contingent upon funds for the purpose being appropriated, budgeted and otherwise made available. In accordance with the conditions imposed in the appropriation or allocation authorized for the commissioning services herein contemplated, the total commissioning cost and all sums otherwise due the Cx Agent as the cost of commissioning services, as set forth throughout this Agreement, are expressly subject to the foregoing limitations and nothing herein shall be construed or understood to commit the County to a total expense greater than that which is provided in the appropriation or allocation. The County agrees to provide evidence of the appropriation to the Cx Agent and will promptly provide notice of any change to the initial appropriation or allocation. Further, no funds appropriated or allocation for any other purpose shall be expended for the services set forth in this Agreement. In no event shall the failure to appropriate funds subject the County to any liability for costs, fees or services performed by the Cx Agent or its subcontractors. In the Event of a Non - Appropriation or other Event of Default Under the Lease Purchase Agreement, Trustee may assume County's role and take County's position under this Agreement. Upon written notice by the Trustee to Cx Agent that any Event of Default Under the Lease Purchase Agreement or Event of Non - Appropriation has occurred, (i) the County's role in this Agreement may be fully assumed by Trustee without consent of any other person or entity; and (ii) if the Trustee does so assume the role of the County in this Agreement, Cx Agent shall nonetheless perform pursuant to the terms of this Agreement. Alternatively, Trustee may provide written notice to Cx Agent of its intent to terminate this Agreement and Cx Agent shall then be entitled to payment only from amounts available therefore in the Project Fund and only for work done or other consideration furnished prior to such termination. Page 9 of 13 29. Sole Source Government Contracts. If the Cx Agent has entered into a sole source government contract or contracts with the State of Colorado or any of its political subdivisions as defined in Article XXVIII of the Colorado Constitution Which including this contract in the aggregate on an annual basis are equal to or e ceed the amount of $100,000, then the following provisions apply: 30. 4 c Because of a presumption of impropriety between contributions to any paign and sole source government contracts, Cx Agent, on behalf of itself, any person who controls ten percent or more of the shares of or interest in the Cx Agent, and the Cx Agent's officers, directors and trustees (collectively, the "Contract Holder ") shall contractually agree, for the duration of the contract and for two years thereafter, to cease malting, causing to be made, or inducing by any means, a contribution, directly or indirectly, on behalf of the Contract Holder or on behalf of his or her immediate family member and for the benefit of any political party or for the benefit of any candidate for any elected office of the state or any of its political subdivisions. B. The parties further agree that if a Contract Holder makes or causes to be made any contribution intended to promote or influence the result of an election on a ballot issue, the Contract Holder shall not be qualified to enter into a sole source government contract relating to that particular ballot issue. C. The parties agree that if a Contract Holder intentionally violates sections 15 or 17(2) of Article XXVH1 of the Colorado Constitution, as contractual damages that Contract Holder shall be ineligible to hold any sole source government contract, or public employment with the state or any of its political subdivisions, for three years. The Contract Holder agrees to comply with the summary and notice )ns of Section 16 of Article XXVIII of the Colorado Constitution. These provisions shall not apply to the extent they have been enjoined or ited by a court of competent jurisdiction. FJ All terms used in this Section and not otherwise defined in this Agreement shall h ve the same meaning as set forth in Article XXVIII of the Colorado Constitution. If Cx Agent has any employees or subcontractors, Cx Agent shall comply with C.R.S. § 8-17.5-101, et seq., regarding Illegal Aliens — Public Contracts for Services, and this C ntract. By execution of this Agreement, Cx Agent certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Contract and that Cx Agent will participate in the E- verify Program or other Department of Labor and Page 10 of 13 Employment program ( "Department Program ") in order to confirm the eligibility of all employees who are newly hired for employment to perform work under this Contract. A. Cx Agent shall not: (i) Knowingly employ or contract with an illegal alien to perform work under this contract for services; or (ii) Enter into a contract with a subcontractor that fails to certify to the Cx Agent that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. B. Cx Agent has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in the E- verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E- verify program can be found at: htti)://www.dhs.jzov/xprevprot/projzrams/2c 1185221678150.shtm C. The Cx Agent shall not use either the E- verify program or other Department Program procedures to undertake pre - employment screening of job applicants while the public contract for services is being performed. D. If the Cx Agent obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Cx Agent shall be required to: (i) Notify the subcontractor and the County within three days that the Cx Agent has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (D) the subcontractor does not stop employing or contracting with the illegal alien; except that the Cx Agent 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. The Cx Agent shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. § 8- 17.5 - 102(5). F. If a Cx Agent violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated specifically for a Page 11 of 13 breach of this provision of this Contract, the Cx Agent shall be liable for actual and consequential damages to the County as required by law. The County will notify the office of the Colorado Secretary of State if Cx Agent violates this provision of this Contract and the County terminates the Contract for such breach. // SIGNATURE PAGE TO FOLLOW // Page 12 of 13 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed for the uses and purposes therein expressed on the day and year first above - written. COUNTY OF EAGLE, STATE OF COLORADO, by and through its Board of County Commissioners By: Sara J. Fisher, Chairman ATTEST: � o� r�►ctt By: Teak J. Simonton, Clerk to t Board of County Commissione c°ioaA CX AGENT: Inc. Print Title:��,� Page 13 of 13 EXHIBIT Statement of interest and Proposal Eagle County, Colorado REQUEST FOR PROPOSAL COMMISSIONING SERVICES FOR EAGLE COUNTY JUSTICE CENTER PROJECT EAGLE, COLORADO Eagle, Colorado June, 2009 I. PROJECT DESCRIPTION Eagle County is accepting Proposals to provide commissioning services for the Eagle County Justice Center Project. The County will have a need for the following commissioning services: Smoke Control, HVAC, Domestic Hot Water, Fire Protection and Fire Alarm, as further detailed in the Scope of Work document, attached hereto. II. OBJECTIVE OF THE REQUEST The objective of the request is to select a highly - qualified team to be composed of full- service commissioning expertise capable of providing commissioning services for the Eagle County Justice Center. The Request for Proposal documentation submitted and possible consultant team interviews shall serve as the basis for selection. III. SCOPE OF SERVICES: 1. Commissioning (Cx) agent shall understand the design intent through review of the contract documents (drawings and specifications). A formal peer review shall not be performed, however the Cx agent may provide comments on items to allow the system to be properly commissioned. 2. The Cx agent shall review project submittals and submittal review comments, for general understanding of the systems and equipment being installed. Reference the list of systems to be commissioned, below. 3. The contractor is not receiving a change order for any additional commissioning work. Therefore, the Cx agent shall provide integrated commissioning and coordinate with the contractor for all commissioning activities. The contractor shall perform all start -up and functional testing with oversight from the Cx agent. The Cx agent shall work within the contractor's project schedule, to incorporate the commissioning tasks. 4. The Cx agent shall provide a commissioning plan to be reviewed by the Architect/Engineer /Owner /Contractor. Sample pre- functional checklists, functional checklists and system verification test forms shall be included. Page 1 Statement of Interest and Proposal The commissioning plan shall identify the process for problem resolution in case equipment does not perform per the design intent. The Cx agent shall be responsible for working with the Architect/Engineer /Contractor to troubleshoot system deficiencies and suggest possible solutions. 6. In addition to the above items, the commissioning effort will consist of three primary parts: a. Pre - functional Inspection — Checklists are utilized to review all equipment installations prior to start-up. The purpose is to confirm the equipment is installed per the contract documents, and that any conflicts between the contract documents and the installation is resolved prior to the performance tests. Coordinate with the contractor and utilize their forms if available or generate forms for each system. b. Functional Performance Tests — This effort involves actual performance tests on each piece of equipment. Although the tests do not confirm the building will function as a "system," it does validate that each individual piece of equipment is performing per the specifications. Again, coordinate with the contractor and utilize their forms and add any necessary information as appropriate. c. Performance Verification Tests — At the start of this process, each individual piece of equipment is tied to an overall "system test." It is anticipated the building will be tested as a whole, where all independent components are tied together to function as a "system." The Cx agent shall coordinate with the contractor to develop the project Pre - Functional and Functional checklists of each system and piece of equipment to be commissioned. Reference the list of systems to be commissioned, below. 7. The Cx agent shall conduct commissioning meetings that are coordinated with the regular construction meetings site visits, at times discussed with the contractor prior. They shall not be responsible for site observation reports. The engineer may not be in attendance at these meetings, but will be available on an as- needed basis to assist in major system startup. Include within the Request for Proposal (RFP) response, the number of commissioning meetings and site visits that are included in the proposal. 8. The Cx agent shall review the "Eco -build Commercial' requirements, along with the contract documents. Provide the necessary reports to satisfy the Eco -Build documentation submittal requirements. Page 2 Statement of Interest and Proposal 9. The following systems shall be included in the commissioning process: a. Smoke Control System (New system only) — The Cx agent shall have a Fire Protection Engineer on staff or subcontracted to provide "Special Inspection' in accordance with 2006 IBC Section 909. This Fire Protection Engineer shall review the smoke control report and system rational analysis prepared by the Engineer of Record, and shall create a test plan to verify the complete smoke control system operates in accordance with the design intent. This Fire Protection Engineer shall also review all smoke control system shop drawings from the contractor, and perform periodic observations of the system installation. A final report of the testing shall be prepared by the Cx agent. b. HVAC Systems: i. Air Handling Units — Cx agent shall be part of system startup. Operation of approximately 20% of VAV units shall be verified. ii. Boilers — Cx agent shall verify overall system operation, pressures, temperatures, proper pumping of system based on sequence of operations, heat in spaces, etc.. iii. HVAC Controls — Cx agent shall verify proper operation of system "front - end" and shall "spot- check" approximately 20% of system sequences of operation. c. Domestic Hot Water — Cx agent shall verify proper balance of recirculation water system, and shall verify hot water to all plumbing fixtures requiring hot water. In addition, the Cx agent shall verify temperatures at all thermostatic mixing valves. d. Fire Protection System — Cx agent shall have a Fire Protection Engineer on staff or subcontracted to review fire protection drawings with the Fire Marshal during construction. e. Fire Alarm System — Cx agent shall review shop drawings and testing, especially as it relates to life safety systems and smoke control systems. 10. A final commissioning report shall be submitted that includes all pre - functional, functional and performance verification tests, and a summary of the commissioning efforts. IV. SELECTION CRITERIA Respondents should address each of the evaluation criteria listed below and provide up to 5 specific examples of projects they have undertaken that demonstrate their Proposal: Page 3 Statement of Interest and Proposal A. General Approach to the Project: Provide a narrative or other form to explain you intended approach to the overall project. B. Experience: Each firm will be evaluated based on its overall experience providing commissioning services for similar projects, experience with construction in mountain environments and experience with local government projects and regulations. Evaluation of experience will include the following. 1. Resumes of the proposed members of the team who will be committed to the project. Resumes must include a description of the person's qualifications, professional licensing and past experience with similar projects. 2. The firm's experience in the commissioning of similar projects. Provide specific examples of similar or larger projects and all applicable contact information, including owner, contractor, and other parties. C. Schedule and Budget Constraints: Provide detailed project cost estimates and schedules based on the scope of work. Identify your ability to undertake and complete the project in a timely manner. I�. Practices and Procedures: Include the firm's commissioning practices and procedures to provide the services requested by the Scope of Work. Familiarity with Eagle County: Provide a narrative describing familiarity with Eagle County and the government offices and people in this region, familiarity with local construction conditions, codes and practices. F. Legal Issues: Are any lawsuits; Federal, State or Local tax liens; or any potential claims or liabilities pending against you, your firm or the officers of the firm at this time? If yes, please explain. V. METHOD OF AWARD All proposals will be reviewed by Eagle County and any other review as determined to be necessary. Firms may be asked to supplement their initial proposals with additional written material. The County may short-list firms based upon an evaluation of the written submittals. The County may then arrange for in- person interviews with each firm. The County reserves the right to award this Contract to the firm that demonstrates the best ability to fulfill the requirements of the project. The successful firm will be chosen based on the Proposal, selection criteria evaluation and possible interview. Page 4 Statement of Interest and Proposal VI. EAGLE COUNTY GOVERNMENT RIGHTS Eagle County reserves the right to reject all or portions of any or all Proposal, to waive irregularities and technicalities, to re- advertise, or to proceed to provide the services otherwise, in the best interest of Eagle County. Eagle County may, at is sole discretion, modify or amend any and all provisions herein. The county will not pay for any information herein requested, nor is it liable for any costs incurred by the participating firm. Eagle County reserves the right to extend the Proposal submittal date if needed. All changes and/or clarifications will be distributed to all firms indicating interest in the form of addenda. A list of firms and others who have been issued Request for Proposal documents will be made after a firm has been chosen. VII. INSURANCE REQUIREMENTS Prior to the commencement of performance, the successful firm shall furnish to Eagle County a certificate of insurance for workers' compensation and professional liability, (errors and omissions) with limits of not less than $500,000.00. VIII. PROPOSAL MEETINGANOUIRIES Any questions related to this request must be directed to the Eagle County Project Management Department, Attention Rick Ullom, Construction Manager, Project Management Department (EMAIL: Rick.Ullom @eaglecounty.us; FAX NO. 970 - 328 - 8899). IX. SUBMISSION CRITERIA Consultants interested in performing the professional services requested must submit the following information: 1. Three (3) copies of their proposal including name, address, and phone number of project personnel and their experience. Identify point contact person for interview appointments. 2. Estimated Cost to provide these services for this project and hourly rates for all classifications of staff performing billable time in the performance of the requested scope of work. Proposals shall be addressed to: Eagle County Project Management Department ATTN: Rick Ullom, Construction Manager PO Box 850 590 Broadway Eagle, CO 81631 -0850 All proposals shall be received by July 15, 2009 at 5:00 PM. Proposals may be sent via US Mail, FedEx, UPS, or hand delivered. Page 5 _.. Energy Service Associates, Inc. SCOPE ANI) PRICING ESA's proposal is based upon the following Scope of Services: Cx TASK DESCRIPTION Principal $125/hr) Proj Mgr/ Engineer ($85 /hr) Cx Technician $60 /hr) Total Hours HVAC and Mechanical Systems Commissioning Develop Commissioning Plan 4 2 6 Owner kick -off meeting to cover scope and procedures 4 2 6 CD, Shop Drawing, Submittal, etc., review 2 8 10 Cx meetings and Misc construction meetings 1 per mo.' 12 mo.s 10 36 6 52 General Site inspections (12 Inspections to coincide w/ Cx Meetings) 4 24 28 Prepare Pre - functional and Functional Perfomance tests checklists 4 8 12 Observe and document Equipment Start -u 24 36 60 Oversee Pre - functional Inspections 8 40 48 Submit Pre - functional Punchlist and verify completion 3 8 11 Perform Functional Testing 32 32 64 Submit Functional Punchlist and verify completion 6 8 14 Perform Verification Testing 10 10 20 Submit Verification Testing Punchlist and verify completion 6 8 14 Observe TAB Procedures 16 8 16 Verify O &M Manuals 2 2 4 Verify and Approve Training Materials 2 2 Training Oversight 4 4 Prepare Commissioning Report 8 16 24 Prepare Report for Item 3.5 of the ECO -Build Manual 2 4 6 Project Oversight and Review 24 TOTALS 1 40 1 203 190 1 425 Total Labor Cost Travel Expenses (Mileage for 20 visits) Total HVAC and Mechanical System Cx Fire Systems Cx' $ 5,000 $ 17,255 $ 11,400 $ 33,655 $ 3,300 $ 36,995 $ 16,650 TOTAL PROJECT COST $ 56,905 "See attached Scope document for further Fire Systems Commissioning information and pricing. 2933 Noeales Court. Boulder. CO Xt ' 01 (303) 530-0977 fax (303A47-1809 Energy Service Associates, Inc. SCOPE AND PRICING Pricing based on a fixed number of visits. If negligence on the part of the Contractor results in further ite visits due to failed inspections or scheduling errors, additional fees will be charged and should he back - charged to the negligent contractor. A mileage charge of $165 per visit plus the hourly rites listed above will be charged. ESA will notify the County, before taking any action, if such a situation were to occur. 293:1 Nogales Court. Boulder. CO 80301 (3030.30-0977 fax (3103)447 -1809 www.esaorg.coni Energy Service Associates, Inc. EXHIBIT SCOPE AND PRICING 9 ESA's proposal is based upon the following Scope of Services: Cx TASK DESCRIPTION Principal $125 /hr Proj Mgr/ Engineer $85 /hr Cx Technician $60 /hr Total Hours HVAC and Mechanical Systems Commissioning Develop Commissioning Plan 4 2 6 Owner kick -off meeting to cover scope and procedures 4 2 6 CD, Shop Drawing, Submittal, etc., review 2 8 10 Cx meetings and Misc construction meetings 1 per mo.' 12 mo.s 10 36 6 52 General Site inspections 12 Inspections to coincide w/ Cx Meetings) 4 24 28 Prepare Pre - functional and Functional Perfomance tests checklists 4 8 12 Observe and document Equipment Start -u 24 36 60 Oversee Pre - functional Inspections 8 40 48 Submit Pre - functional Punchlist and verify completion 3 8 11 Perform Functional Testing 32 32 64 Submit Functional Punchlist and verify completion 6 8 14 Perform Verification Testing 10 10 20 Submit Verification Testing Punchlist and verify completion 6 8 14 Observe TAB Procedures 16 8 16 Verify O &M Manuals 2 2 4 Verify and Approve Training Materials 2 2 Training Oversight 4 4 Prepare Commissioning Report 8 16 24 Prepare Report for Item 3.5 of the ECO -Build Manual 2 4 6 Project Oversight and Review 24 TOTALS 40 203 190 425 Total Labor Cost Travel Expenses (Mileage for 20 visits) Total HVAC and Mechanical System Cx Fire Systems Cx' $ 5,000 $ 17,255 $ 11,400 $ 33,655 $ 3,300 $ 36,995 $ 13,650 TOTAL PROJECT COST $ 53,905 `See attached Scope document for further Fire Systems Commissioning information and pricing. 2933 Nogales Court, Boulder, CO 80301 (303) 530 -0977 fax(303)447-1809 www.esaorg.com Energy Service Associates, Inc. SCOPE AND PRICING Pricing is based on a fixed number of visits. If negligence on the part of the Contractor results in further site visits due to failed inspections or scheduling errors, additional fees will be charged and should be back - charged to the negligent contractor. A mileage charge of $165 per visit plus the hourly rates listed above will be charged. ESA will notify the County, before taking any action, if such a situation were to occur. 2933 Nogales Court, Boulder, CO 80301 (303) 530 -0977 fax (303)447 -1809 www.esaorg.com Z iretech onsulting July 13, 2009 Mr. Mike Renner, Architectural Engineer Energy Services Associates (ESA) 2933 Nogales Court Boulder, CO 80301 RE: Proposal for Smoke Control Testing Eagle County Justice Center Eagle, CO Dear Mr. Renner, Randolph A Leger, PE President Firetech Consulting, a Veteran -Owned Small Business, is pleased to offer you the following proposal for the testing and acceptance of the smoke control center at the above referenced location. The following work will involve the services of two Fire Protection Engineers: 1. Scone of Work: A. Review provided Construction Documents (plans and specifications), the Smoke Control System Rational Analysis, and Contractor submittals related to the smoke control system. These documents should consist of Architectural, Mechanical and electrical Construction Documents as well as shop drawings for the Fire Alarm System (including the Fire Fighters Smoke Control Panel), the Automatic Sprinkler System and Building Automation and Control System. B. Prepare a Commissioning and Acceptance Test Plan that includes detailed procedures and methods to be used for inspections and test for the smoke control system commissioning and acceptance testing process. The test plan will include pre - functional checklists, functional checklists and system verification test forms. The plan will also identify the process for reporting deficiencies and obtaining resolution through a cooperative effort of the Special Inspector and the Contractors. The plan will also include: a. A list of items needing inspection during the construction and installation process. Items requiring inspection include construction tightness of • 8967 W. Radcliffe Drive • Littleton, CO 80123 • (720) 981 -3413 office • (720) 981 -3454 fax www.FiretechConsultin-g.com "Veteran -Owned Small Business" Page 1 of 3 smoke barriers; inspection of ductwork used for smoke control, inspection of conduit for smoke control system component wiring, inspection of proper labeling of all smoke control system devices, and inspection of proper installation and access to all smoke control system equipment. Pass/Fail criteria for each inspection will be identified. This list will include identification of the timing of the inspection relative to the construction process. b. Establish a sequence of testing with detail on how each test will be performed. This will include pre- testing responsibilities of the smoke control system including fire alarm, mechanical fans and dampers, emergency power, automatic sprinkler system, air flow and pressure differentials. C. Attend one meeting at the Site to review the smoke control system inspection process with the Installing Contractors. This meeting will outline the basic requirements for the smoke control system, the required installation practices, necessary intermediate inspections (such as ductwork pressure testing and conduit rough -in) and the sequence of inspections. D. Submit the Commissioning Plan to the Authority Having Jurisdiction (AHJ) for review and approval. Revise the Plan based on comments received from the AHJ, if necessary. E. Perform Special Inspection services in accordance with the approved Commissioning and Acceptance Test Plan. This proposal is to conduct the Special Inspection Services related to the requirements of the International Building Code (IBC). Special Inspection Services for the smoke control system may involve the expertise of a Test and Balance Contractor. This proposal does not include the services of a Test and Balance Contractor, as it is assumed the Test and Balance Contractor is already subcontracted to perform the necessary work. A review of the Test and Balance Contractor's reports, relative to the smoke control system, will be performed to ensure the mechanical systems are operating in accordance with the requirements of the rational analysis. The Special Inspection services are expected to include the following tasks: a. Witness and document the inspections and tests identified in the Commissioning and Acceptance Test Plan. b. Prepare inspection reports for the design team, the Client and AHJ with information concerning the functional commissioning of the smoke control system during the construction process Page 2 of 3 F. Prepare a final commissioning report to include all aspects of the inspections and tests conducted, as follows: a. Air balance test reports with fan data measurements, ductwork traverse readings, pressure differentials, duct pressure testing results and other associated information. b. Documentation of equipment installation inspections conducted during construction. c. Documentation of sequence testing, initiating device testing and fan and damper testing. d. Documentation of final performance testing of the smoke control system. G. Submit the final report to the smoke control system engineer of record for review. H. Submit the sealed report to the AHJ. I. Witness the final smoke control test performed by the AHJ to provide guidance and answer any questions that may arise. 2. Invoice and Payment Terms: Our cost for the above services is $13,650.00. Terms are Net 30. 3. Work outside the Scope of Work and Tasks: Follow up inspections will be billed at $2,600 /day. Any work needed which is outside the Scope of Work and Tasks listed above shall be billed at a rate of $130/hr. Work outside the Scope of Work and Tasks shall not commence until authorized in writing by ESA. Authorization — ESA: James Walsh, President Date: (Authorized Signature) Authorization — Firetech Consulting, Inc.: Randolph D. Leger, PE, President (Authorized Signature) Page 3 of 3 Date: TERM SHEET 1) Requested hearing date: (First choice) 9/15/09 (Second choice) 9/22/09 2) For County Manager signature: n/a 3) Requesting department: Project Management 4) Title: Agreement for Contractual Services between Eagle County Justice Center Financing Corporation and Energy Services Associates 5) Check one: Consent: X On the Record: 6) Staff submitting: Rick Ullom, Construction Manager 7) Purpose: Provide a commissioning plan and services consisting of Smoke Control System, HVAC Systems, Domestic Hot Water and Fire Protection System and will include pre - functional inspection, functional performance tests and performance verification test and final commissioning report. 8) Schedule: Commissioning services on the existing building have already commenced. Services on the addition will begin when the mechanical systems are functional, December 2009. 9) Financial considerations: $56,905. Commissioning services are part of the project budget, so no additional funds will be requested. 10) Other: RECEIVE® SEP 8 2009 EAGLE COUN-FY ATTORNEY 9 IK � �n0� AP " Y FORM By: - Eagie County Attorney's Office Bar: _ 4 "anfq P,t�mmi. sit) ngr1;' -of fiee