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Home My WebLink About800846.tiff RESOLUTION RE: APPROVAL OF AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY, COLORADO AND ARIX CONCERNING TECHNICAL ASSIS- TANCE FOR ENERGY CONSERVATION MEASURES AND AUTHORIZATION FOR CHAIRMAN TO SIGN THE SAME. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, an Agreement for Professional Services between Weld County, Colorado and ARIX concerning technical assistance for energy conservation measures has been presented to the Board of County Commissioners for approval, and WHEREAS, the total fee for such services shall be $17 ,400 . 00, and WHEREAS, the Board of County Commissioners has studied said Agreement and deems it advisable to approve the same. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the Agreement for Pro- fessional Services between Weld County, Colorado and ARIX con- cerning technical assistance for energy conservation measures be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County, Colorado that the Chairman of the Board be, and hereby is, authorized to sign said Agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of December, A.D. , 1980. /) v BOARD OF COUNTY COMMISSIONERS ATTEST: nialawv17GUI/Litirl WELD COUNTY, COLORADO Wel County Clerk and Recorder 1:27. 4-- (Aye) d C rk to the Bo d C. Kirby, airman By: ABSENT DATE SIGNED (Aye) Deputy Coun Clerk Leonard L. Roe, Pro-Tem / APPROV AS TO FORM: )24-0-""^-.4‘...— (144 (Aye) (\ Norman Carlson County Attorney �� (Aye) L Dun n5ar Aye) ne K. St inmark 800846 DATE PRESENTED: DECEMBER 22, 1980 n n President arpenter, A Professional Corporation R.bKent Baker ARIX Eugene R.Brauer Architects Planners Gordon W.Bruchner Patrkk C.Dv yer Robert J.Shreve Dale J.Steichen Robert D.Thomas 2021 Clubhouse Drive Gary R.Wkdolph Post Office Box 2021 Greeley,Colorado 80631 303 330 2749 December 12, 1980 Mr. Donald D. Warden Director Finance and Administration Weld County, Colorado Office of Finance and Administration Post Office Box 758 Greeley, Colorado 80632 Dear Mr. Warden: SUBJECT: WELD COUNTY CENTENNIAL COMPLEX/COURTHOUSE TECHNICAL ASSISTANCE AUDIT SERIAL LETTER NO. 1.00 Attached please find three copies of the executed and signed contract for the subject project. The time schedule has been coordinated with Andy Petruzzi as requested. Please review and return one signed copy to our office. Thank you for your time and cooperation on this project. Respectfully, ARIX, A Professio al Corporation Jer ' C. Hami .E. JCH: f Enclosure AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made this 15th day of December, 1980 by and between WELD COUNTY, COLORADO hereinafter called the Client, and ARIX, A Professional Corporation, hereinafter called the Consultant, collectively referred to as the Parties. WITNESSETH: That for and in consideration of the mutual covenants and agreements hereinafter contained, the Parties hereto have mutually agreed and do agree as follows: ARTICLE 1. SERVICES BY THE CONSULTANT - The consultant agrees to perform all services, hereunder, using reasonable skill and judgment in accordance with sound business and professional standards. He agrees to keep the Client thoroughly informed of his progress and to maintain accurate records relating to his services in connection with this project. The Consultant agrees to provide the following basic services: 1.1 Professional services in accordance with the Colorado Office of Energy Conservation Institutional Buildings Grants Program, Phase II application package, Section IIIB for Weld County Centennial Building, including the detached courthouse. Services to be provided will be in accordance with the request for proposal made by Weld County for technical assistance for energy conservation measures for the Centennial Complex/Courthouse and the approved proposal submitted by ARIX in response to the request for proposal dated March 21, 1980, attached hereto and incorporated as a part of this agreement. Both parties agree to exclude from the request for proposal : 1) part 3 of the SCOPE OF WORK--any remodeling associated with the energy conservation measures and 2) second paragraph of ADDITIONAL INSTRUCTIONS/ INFORMATION--a hold harmless clause from this agreement as cited in the request for proposal but excluded in the cover letter dated March 20, 1980 submitted with the response from ARIX. 1.2 A total of six copies of the final report will be prepared by ARIX. ARTICLE 2. RESPONSIBILITIES OF THE CLIENT 2.1 The Client shall provide and make available to the Consultant, for his use, all maps, property descriptions, surveys, previous reports, historical data, and other information within its knowledge and possession relative to the services to be furnished hereunder, and shall provide full programming requirements. Data so furnished to the Consultant shall remain the property of the Client and will be returned upon completion of its services. 2.2 The Client shall guarantee access and make provisions for the Consultant to enter upon public and private properties as required for the Consultant to perform its services hereunder. -1- r� n ARTICLE 3. TIME OF PERFORMANCE - The services to be provided under this Agreement shall , unless otherwise provided, be commenced upon execution of this Agreement and be performed in general accordance with the following schedule: Commence Work 12/15/80 Preliminary Report 2/16/81 Final Report 3/ 2/81 Presentation to State by County 3/13/81 ARTICLE 4. REMUNERATION FOR SERVICES - The Client agrees to compensate the Consultant in accordance with the following schedule, and the Terms and Conditions of this Agreement: 4.1 For Basic Services as described in Article 1, remuneration shall be made on the following basis: All payments for services will be made monthly in proportion to services performed. The total fee shall be $17,400.00 4.2 Unless otherwise provided herein, all payments for Basic Services shall be due and payable at the Consultant's office at the address hereinafter des- ignated upon presentation by the Consultant in accordance with this Agreement. Payments not made within 30 days of the billing date shall bear interest at the rate of 11% per month which is an annual interest rate of 18%. 4.3 No deductions shall be made, nor any amounts retained from the Consultant's compensation on account of delays, penalties, liquidated damages, or other sums withheld from payment to Contractors. ARTICLE 5. DELAYS - If the Consultant is delayed at any time in the progress of work by any act or neglect of the Client or its agents, employees, or contractors, or by changes in the work, or by labor disputes, unavoidable material delivery delays, fire, unavoidable casualties, or by any causes beyond the Consultant's control , the time schedule shall be extended for a reasonable length of time, and the remuneration schedule shall be subject to renegotiation for increased expenses due to escalation of prices, extended services, relocation or other expenses incidental to such delays. ARTICLE 6. OWNERSHIP OF DOCUMENTS - All drawings, specifications, reports, records, and other work product developed by the Consultant in connection with this project are instruments of service for this project only and shall remain the intellectual property of the Consultant whether the project is complete or not. The Consultant shall furnish originals or copies of such work product to the Client in accordance with the services required hereunder. Reuse of any of the work product of the Consultant by the Client on extension of this project or on any other project without the written permission of the Consultant shall be at the Client's risk and the Client agrees to defend, indemnify and hold harmless the Consultant from all claims, damages and expenses including attorneys fees arising out of such unauthorized reuse by the Client or by others acting through the Client. Any reuse or adaptation of the Consultant's work product shall entitle the Consultant to further equitable compensation. -2- (-N ARTICLE 7. INSURANCE - The Consultant shall purchase and maintain insurance to protect himself from claims under workmen's compensation acts; claims for damages because of bodily injury including personal injury, sickness or disease, or death of any of his employees or of any person other than his employees; and from claims for damages because of injury to or destruction of tangible property including loss of use resulting therefrom. ARTICLE 8. DISPUTES - As a condition precedent to the right to bring any action in court pertaining to any claim, dispute or other matter in question between the parties to this Agreement, arising out of, or relating to this Agreement or the breach thereof, the party having such claim or dispute shall first make a written offer to the other party to arbitrate the question(s) in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining. If within ten days after receipt of said offer, the party to whom the offer is made does not affirmatively agree in writing to such arbitration, then the claiming party shall have no obligation to arbitrate and may pursue other remedies for relief. ARTICLE 9. GOVERNING LAW - Unless otherwise agreed in writing, this Agreement and the interpretation thereof shall be governed by the law in effect at the location of the offices of the Consultant as hereinafter designated. ARTICLE 10. SUCCESSORS AND ASSIGNS — The Client and the Consultant each binds himself and his partners, successors, executors, administrators and assigns to the other party of this Agreement and to the partners, successors, executors, administrators and assigns of such other party with respect to all covenants of this Agreement. Neither party shall assign or transfer his interest in this Agreement without the written consent of the other. ARTICLE 11. EXTENT OF AGREEMENT - This Agreement represents the entire and inte- grated agreement between the parties and supersedes all prior negotiations and representations. Nothing herein shall be deemed to create any contractual relationship between the Consultant and any other Consultant or contractor or material supplier on the project, nor to furnish any notices required under other such contracts, nor shall anything herein be deemed to give anyone not a party to this Agreement any right of action against a party which does not otherwise exist without regard to this Agreement. ARTICLE 12. ACCURACY OF SERVICES AND LIMITATION OF LIABILITY 12.1 The Consultant shall use reasonable professional skill and judgment in connection with services hereunder, but does not warrant that such services are without error and/or omissions. If, as a result of the authorized use and prudent interpretation of documents or advice erroneously furnished by the Consultant, an error or omission is discovered within a reasonable time, the Consultant shall be responsible for correction of any work which must be removed or altered to meet the project requirements, provided that the Consultant is given a reasonable opportunity to make remedial recommendations and to correct or arrange for the correction of the work itself. The Con- sultant will not be liable for the cost of procurement of work or services performed in correcting errors and/or omissions where such work or services result in a value to the Project over and above that which the original work or services provided. -3- rte, 12.2 Notwithstanding the above, the Client agrees to limit the Consultant liability to the Client and to its agents and assigns, due to the Consultant's professional negligent acts, errors or omissions, such that the total aggregate liability of the Consultant to those named shall not exceed the Consultant's total fee for services hereunder. ACKNOWLEDGEMENT OF COMPLETE AGREEMENT: This Agreement includes this and the preceding pages consecutively numbered 1 through 4, and the Request for Proposal made by Weld County for Technical Assistance for Energy Conservation Measures for the Centennial Complex/Courthouse, which is attached. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. CLIENT: CONSULTANT: ARIX, A Professional Corporation Engineers Architects Planners [�A By 1/1 +' By /C/�Gl/ Board of County By_�l ' t— TitleChairman, Commissioners Address915 10th Street, Greeley, ;CO Address 2021 Clubho Drive Greeley, Colorado 80631 -4- AticiLX REQUEST FOR PROPOSAL MADE By WELD COUNTY r c tS 2 5 1980 .' FOR TECHNICAL ASSISTANCE FOR ENERGY CONSERVATION MEASURES FOR THE CENTENNIAL COMPLEX/COURTHOUSE • SCOPE This is a Request for Proposal for providing technical assistance for evaluating the Centennial Complex/Courthouse, located at 915 10th Street, for Energy Conservation Measures in accordance with Federal rules for the Energy Conservation Program. Technical assistance, for the purposes of this Request for Proposal, means a program or activity for (1) a conduct of specialized studies to identify and specify energy savings and related cost savings that are likely to be realized as a result of either modifying maintenance and operating procedures in a building, or both; (2) the planning or adminis- tration of such specialized studies; and /3), the planning or adminis- trating of specific remodeling, renovation, repair, replacement or installation projects related to the installation of energy conservation measures in the buildings involved. RE On—ANTS The technical assistance project covered by this Request for Proposal shall be conducted by a qualified technical, assistance analyst (as specified below) , who shall consider all possible energy conservation measures for the buildings involved, including both the building enve- lope and the building's energy-using systems. The technical assistance program shall include a detailed engineering analysis to identify the estimated costs of, and the energy cost savings likely to be realized from, implementing each identified energy conservation maintenance and operating procedure. The technical assistance program shall also identify the estimated cost of, and the energy and cost savings likely tote realized from, acquiring and installing each energy conservation measure that indicate a significant potential for saving energy based upon the technical assistance analyst's initial consideration. In accordance with Federal rules (lOCFR 455.42) , at the conclusion of the technical assistance program, the technical assistance analyst shall prepare a final report which shall include: 1. A description of building characteristics and energy data including: a. The results of the preliminary-energy audit (or its a gs and energy equivalent) of the buildings; • Z /.4"` em b. The operating characteristics of energy using systems; and c. The estimated remaining useful life of a building. 2. An analysis of the estimated energy consumption of. the build- ings, by fuel type (in total Btu's and Btu/sq. ft./yr.) , at optimum efficiency (assuming implementation of all energy conservation.maintenance and operating procedures) . 3. An evaluation of the building's potential for solar conver- sion, particularly for water heating systems. 4. A listing of any known local zoning ordinances and building codes which may restrict the installation of solar systems. 5. A description and analysis of all recommendations, if any, for acquisition and installation of energy conservation measures, including solar and other renewable resource measures, setting forth: a. A description of each recommended energy conservation measure; b. An estimate of the cost of design, acquisition and installation of each energy conservation measure; C c. An estimate of the useful life of each energy conser- vation measure; d. An estimate of increases or decreases in maintenance and operating costs that would result from each energy con- servation measure, if any; e. An estimate of the annual energy and energy cost savings (using current energy prices) expected from the acquisi- tion and installation of each energy conservation measure. In calculating the potential energy cost savings of each recommended energy conservation measure, including solar or other renewable resource measure, technical assistance analysts shall: 1) Assume that all energy savings obtained from energy conservation maintenance and operating procedures have been realized; 2) Calculate the total energy and energy cost savings, by fuel type, expected to result from the acquisition and installation of all recommended energy conservation measures, taking into account the interaction among the various measures; and, 3) Calculate that portion of the total energy and energy cost savings, as determined in (2) above, attributable to each individual energy conservation measure. 3 f. The simple payback period of each recommended energy conservation measure, taking into account the inter- actions among the various measures. The simple payback period is calculated by dividing the estimated total cost of the measure, as determined pursuant to 5 (b) of this section. For the purposes of ranking applications, the simple payback period shall be calculated using the cost savings resulting from energy savings only, determined on the basis of current energy prices. The estimated cost of the measure shall be the total cost for design and other professional services (excluding costs of a technical assistance program), if any, and acquisition and instal- lation costs. Other economic analyses, such as life- cycle costing, which consider all costs and cost savings, such as maintenance costs and/or savings, resulting from an energy conservation measure, are recommended, but not required, for use by the institution in its decision making process. 6. A listing of energy use and cost data for each fuel type used for the prior 12-month period. 7. A signed and dated certification that the technical assistance program has been conducted in accordance with the requirements of this section and that the data presented is accurate to the best of the technical assistance analyst's knowledge. QUALIFICATIONS FOR TECHNICAL ASSISTANCE ANALYST UNDER'THIS REQUEST FOR PROPOSAL To qualify as a technical assistance analyst for the Request for Proposal, the OEC and Weld County require that such analysts: 1. have experience in energy conservation* and be a registered professional engineer licensed under the regulatory authority of the State of Colorado; or 2. have experience in energy conservation and be a licensed architect under the regulatory authority of the State of Colorado; or 3. be an architect-engineer team, the principal members of which have experience in energy conservation and are licensed under the regulatory authority of the State; and 4. be free from financial interests which conflict with the proper performance of their duties.** * "Energy conservation experience" can mean a) demonstrated experience in conducting professional energy audits, and/or b) experience in the design of energy efficient systems commonly found in the building(s) selected for the analysis. Archi- tects and engineers must meet the same criteria for energy conservation experience. Y ** "Free from financial conflict of interest" means free of financial interests in the products or equipment which would be acquired or installed under this program. The term is not intended to prohibit technical assistance analysts from per- forming the detailed design work which may be necessary as part of grant awards for ECM's. BIDDER QUALIFICATIONS The County must have evidence of the bidder's ability to provide the • services described in this Request for Proposal. The bidder must answer the following questions: 1. How many years has your firm been in the business? 2. Are you able to provide the technical assistance as described above? 3. The successful bidder must be able to provide a Performance ,f/c Bond in the full amount of the contract award. SCHEDULE March 6, 1980 - Pre-bid conference. March 21, 1980 - Submittal of bid. March 26, 1980 - Submit bid to Board of County Commissioners. March 27, 1980 - Interview firms submitting proposals. March 31, 1980 - Work session with Board. April 7, 1980 - Award of contract. PROCEDURES FOR SUBMITTAL All proposals should be submitted to the Director of Purchasing on or before March 21, 1980 at 1:00 p.m. EVALUATION OF PROPOSALS Upon receipt of all proposals, an evaluation team shall evaluate the firms proposals and then shall interview the firms that, in the County's opinion, can accomplish the task outlined in the Request for Proposal. After interviewing the selected firm or firms, the Board shall take one of two courses of action: 1. Request a firm to perform the tasks outlined in the Request for Proposal. 2. Notify all parties submitting proposals that the constraints identified in the interview process or in evaluating the pro- posals makes it impossible to select any of the firms. n AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made this 15th day of December, 1980 by and between WELD COUNTY, COLORADO hereinafter called the Client, and ARIX, A Professional Corporation, hereinafter called the Consultant, collectively referred to as the Parties. WITNESSETH: That for and in consideration of the mutual covenants and agreements hereinafter contained, the Parties hereto have mutually agreed and do agree as follows: ARTICLE 1. SERVICES BY THE CONSULTANT - The consultant agrees to perform all services, hereunder, using reasonable skill and judgment in accordance with sound business and professional standards. He agrees to keep the Client thoroughly informed of his progress and to maintain accurate records relating to his services in connection with this project. The Consultant agrees to provide the following basic services: 1.1 Professional services in accordance with the Colorado Office of Energy Conservation Institutional Buildings Grants Program, Phase II application package, Section IIIB for Weld County Centennial Building, including the detached courthouse. Services to be provided will be in accordance with the request for proposal made by Weld County for technical assistance for energy conservation measures for the Centennial Complex/Courthouse and the approved proposal submitted by ARIX in response to the request for proposal dated March 21, 1980, attached hereto and incorporated as a part of this agreement. Both parties agree to exclude from the request for proposal : 1) part 3 of the SCOPE OF WORK--any remodeling associated with the energy conservatidn measures and 2) second paragraph of ADDITIONAL INSTRUCTIONS/ INFORMATION--a hold harmless clause from this agreement as cited in the request for proposal but excluded in the cover letter dated March 20, 1980 submitted with the response from ARIX. 1.2 A total of six copies of the final report will be prepared by ARIX. ARTICLE 2. RESPONSIBILITIES OF THE CLIENT 2.1 The Client shall provide and make available to the Consultant, for his use, all maps, property descriptions, surveys, previous reports, historical data, and other information within its knowledge and possession relative to the services to be furnished hereunder, and shall provide full programming requirements. Data so furnished to the Consultant shall remain the property of the Client and will be returned upon completion of its services. 2.2 The Client shall guarantee access and make provisions for the Consultant to enter upon public and private properties as required for the Consultant to perform its services hereunder. -1- e ARTICLE 3. TIME OF PERFORMANCE - The services to be provided under this Agreement shall , unless otherwise provided, be commenced upon execution of this Agreement and be performed in general accordance with the following schedule: Commence Work 12/15/80 Preliminary Report 2/16/81 Final Report 3/ 2/81 Presentation to State by County 3/13/81 ARTICLE 4. REMUNERATION FOR SERVICES - The Client agrees to compensate the Consultant in accordance with the following schedule, and the Terms and Conditions of this Agreement: 4.1 For Basic Services as described in Article 1, remuneration shall be made on the following basis: All payments for services will be made monthly in proportion to services performed. The total fee shall be $17,400.00 4.2 Unless otherwise provided herein, all payments for Basic Services shall be due and payable at the Consultant's office at the address hereinafter des- ignated upon presentation by the Consultant in accordance with this Agreement. Payments not made within 30 days of the billing date shall bear interest at the rate of 11% per month which is an annual interest rate of 18%. 4.3 No deductions shall be made, nor any amounts retained from the Consultant's compensation on account of delays, penalties, liquidated damages, or other sums withheld from payment to Contractors. ARTICLE 5. DELAYS - If the Consultant is delayed at any time in the progress of work by any act or neglect of the Client or its agents, employees, or contractors, or by changes in the work, or by labor disputes, unavoidable material delivery delays, fire, unavoidable casualties, or by any causes beyond the Consultant's control , the time schedule shall be extended for a reasonable length of time, and the remuneration schedule shall be subject to renegotiation for increased expenses due to escalation of prices, extended services, relocation or other expenses incidental to such delays. ARTICLE 6. OWNERSHIP OF DOCUMENTS - All drawings, specifications, reports, records, and other work product developed by the Consultant in connection with this project are instruments of service for this project only and shall remain the intellectual property of the Consultant whether the project is complete or not. The Consultant shall furnish originals or copies of such work product to the Client in accordance with the services required hereunder. Reuse of any of the work product of the Consultant by the Client on extension of this project or on any other project without the written permission of the Consultant shall be at the Client's risk and the Client agrees to defend, indemnify and hold harmless the Consultant from all claims, damages and expenses including attorneys fees arising out of such unauthorized reuse by the Client or by others acting through the Client. Any reuse or adaptation of the Consultant's work product shall entitle the Consultant to further equitable compensation. -2- ARTICLE 7. INSURANCE - The Consultant shall purchase and maintain insurance to protect himself from claims under workmen's compensation acts; claims for damages because of bodily injury including personal injury, sickness or disease, or death of any of his employees or of any person other than his employees; and from claims for damages because of injury to or destruction of tangible property including loss of use resulting therefrom. ARTICLE 8. DISPUTES - As a condition precedent to the right to bring any action in court pertaining to any claim, dispute or other matter in question between the parties to this Agreement, arising out of, or relating to this Agreement or the breach thereof, the party having such claim or dispute shall first make a written offer to the other party to arbitrate the question(s) in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining. If within ten days after receipt of said offer, the party to whom the offer is made does not affirmatively agree in writing to such arbitration, then the claiming party shall have no obligation to arbitrate and may pursue other remedies for relief. ARTICLE 9. GOVERNING LAW - Unless otherwise agreed in writing, this Agreement and the interpretation thereof shall be governed by the law in effect at the location of the offices of the Consultant as hereinafter designated. ARTICLE 10. SUCCESSORS AND ASSIGNS - The Client and the Consultant each binds himself and his partners, successors, executors, administrators and assigns to the other party of this Agreement and to the partners, successors, executors, administrators and assigns of such other party with respect to all covenants of this Agreement. Neither party shall assign or transfer his interest in this Agreement without the written consent of the other. ARTICLE 11. EXTENT OF AGREEMENT - This Agreement represents the entire and inte- grated agreement between the parties and supersedes all prior negotiations and representations. Nothing herein shall be deemed to create any contractual relationship between the Consultant and any other Consultant or contractor or material supplier on the project, nor to furnish any notices required under other such contracts, nor shall anything herein be deemed to give anyone not a party to this Agreement any right of action against a party which does not otherwise exist without regard to this Agreement. ARTICLE 12. ACCURACY OF SERVICES AND LIMITATION OF LIABILITY 12.1 The Consultant shall use reasonable professional skill and judgment in connection with services hereunder, but does not warrant that such services are without error and/or omissions. If, as a result of the authorized use and prudent interpretation of documents or advice erroneously furnished by the Consultant, an error or omission is discovered within a reasonable time, the Consultant shall be responsible for correction of any work which must be removed or altered to meet the project requirements, provided that the Consultant is given a reasonable opportunity to make remedial recommendations and to correct or arrange for the correction of the work itself. The Con- sultant will not be liable for the cost of procurement of work or services performed in correcting errors and/or omissions where such work or services result in a value to the Project over and above that which the original work or services provided. -3- n fl 12.2 Notwithstanding the above, the Client agrees to limit the Consultant liability to the Client and to its agents and assigns, due to the Consultant's professional negligent acts, errors or omissions, such that the total aggregate liability of the Consultant to those named shall not exceed the Consultant's total fee for services hereunder. ACKNOWLEDGEMENT OF COMPLETE AGREEMENT: This Agreement includes this and the preceding pages consecutively numbered 1 through 4, and the Request for Proposal made by Weld County for Technical Assistance for Energy Conservation Measures for the Centennial Complex/Courthouse, which is attached. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. CLIENT: CONSULTANT: ARIX, A Professional Corporation Engineers Architects Planners By fliv By Title chairman, ElOard of County By Commissioners Address915 10th Street Greeley, Co Address 2021 Clubho Drive Greeley, Colorado 80631 -4- IAr( IX REQUEST FOR PROPOSAL MADE BY WELD COUNTY t c tl 2 5 f960 s• Y, y FOR TECHNICAL ASSISTANCE FOR ENERGY CONSERVATION MEASURES FOR THE CENTENNIAL COMPLEX/COURTHOUSE _ , • SCOPE OF WORK This is a Request for Proposal for providing technical assistance for evaluating the Centennial Complex/Courthouse, located at 915 10th Street, for Energy Conservation Measures in accordance with Federal rules for the Energy Conservation Program. Technical assistance, for the purposes of this Request for Proposal, • means a program or activity for (1) a conduct of specialized studies to identify and specify energy savings and related cost savings that are likely to be realized as a result of either modifying maintenance and operating procedures in a building, or both; (2) the planning or adminis- tration of such specialized studies; and /(3)' the planning or adminis- trating of specific remodeling, renovation, repair, replacement or installation projects related to the installation of energy conservation measures in the buildings involved. REQUi IREMENTS The technical assistance project covered by this Request for Proposal shall be conducted by a qualified technical assistance analyst (as specified below) , who shall consider all possible energy conservation measures for the buildings involved, including both the building enve- lope and the building's energy-using systems. The technical assistance program shall include a detailed engineering analysis to identify the estimated costs of, and the energy cost savings likely to be realized from, implementing each identified energy conservation maintenance and operating procedure. The technical assistance program shall also identify the estimated cost of, and the energy and cost savings likely to be realized from, acquiring and installing each energy conservation measure that indicate a significant potential for saving energy based upon the technical assistance analyst's initial consideration. In accordance with Federal rules (10CFR 455.42) , at the conclusion of the technical assistance program, the technical assistance analyst shall prepare a final report which shall include: 1. A description of building characteristics and energy data including: a. The results of the prelimin audit (or its equivalent) of the builldings and energy ;ergy audit • b. The operating characteristics of energy using systems; and c. The estimated remaining useful life of a building. 2. An analysis of the estimated energy consumption of. the build- ings, by fuel type (in total Btu's and Btu/sq. ft./yr.) , at optimum efficiency (assuming implementation of all energy • conservation.maintenance and operating procedures) . 3. An evaluation of the building's potential for solar conver- sion, particularly for water heating systems. 4. A listing of any known local zoning ordinances and building codes which may restrict the installation of solar systems. 5. A description and analysis of all recommendations, if any, for acquisition and installation of energy conservation measures, including solar and other renewable resource measures, setting forth: a. A description of each recommended energy conservation measure; b. An estimate of the cost of design, acquisition and installation of each energy conservation measure; C c. An estimate of the useful life of each energy conser- vation measure; d. An estimate of increases or decreases in maintenance and operating costs that would result from each energy con- servation measure, if any; e. An estimate of the annual energy and energy cost savings (using current energy prices) expected from the acquisi- tion and installation of each energy conservation measure. In calculating the potential energy cost savings of each recommended energy conservation measure, including solar or other renewable resource measure, technical assistance analysts shall: 1) Assume that all energy savings obtained from energy conservation maintenance and operating procedures have been realized; .2) Calculate the total energy and energy cost savings, by fuel type, expected to result from the acquisition and installation of all recommended energy conservation measures, taking into account the interaction among the various measures; and, 3) Calculate that portion of the total energy and • energy cost savings, as determined in (2) above, attributable to each individual energy conservation measure. 3 • f. The simple payback period of each recommended energy conservation measure, taking into account the inter- actions among the various measures. The simple payback period is calculated by dividing the estimated total cost of the measure, as determined pursuant to 5 (b) of this section. For the purposes of ranking applications, the simple payback period shall be calculated using the cost savings resulting from energy savings only, determined on the basis of current energy prices. The estimated cost of the measure shall be the total cost for design and • other professional services (excluding costs of a technical assistance program), if any, and acquisition and instal- lation costs. Other economic analyses, such as life- cycle costing, which consider all costs and cost savings, such as maintenance costs and/or savings, resulting from an energy conservation measure, are recommended, but not required, for use by the institution in its decision making process. 6. A listing of energy use and cost data for each fuel type used for the prior 12-month period. 7. A signed and dated certification that the technical assistance program has been conducted in accordance with the requirements of this section and that the data presented is accurate to the best of the technical assistance analyst's knowledge. QUALIFICATIONS FOR TECHNICAL ASSISTANCE ANALYST UNDER'THIS REQUEST FOR { PROPOSAL To qualify as a technical assistance analyst for the Request for Proposal, the OEC and Weld County require that such analysts: 1. have experience in energy conservation* and be a registered professional engineer licensed under the regulatory authority of the State of Colorado; or 2. have experience in energy conservation and be a licensed architect under the regulatory authority of the State of Colorado; or 3. be an architect-engineer team, the principal members of which have experience in energy conservation and are licensed under the regulatory authority of the State; and 4. be free from financial interests which conflict with the proper performance of their duties.** • * "Energy conservation experience" can mean a) demonstrated experience in conducting professional energy audits, and/or b) experience in the design of energy efficient systems commonly found in the building(s) selected for the analysis. Archi- tects and engineers must meet the same criteria for energy conservation experience. . . ** "Free from financial conflict of interest" means free of financial interests in the products or equipment which would be acquired or installed under this program. The term is not intended to prohibit technical assistance analysts from per- forming the detailed design work which may be necessary as part of grant awards for ECM's. BIDDER QUALIFICATIONS • The County must have evidence of the bidder's ability to provide the services described in this Request for Proposal. The bidder must answer the following questions: 1. How many years has your firm been in the business? 2. Are you able to provide the technical assistance as described above? 3. The successful bidder must be able to provide a Performance n Bond in the full amount of the contract award. SCHEDULE March 6, 1980 - Pre-bid conference. March 21, 1980 - Submittal of bid. March 26, 1980 - Submit bid to Board of County Commissioners. March 27, 1980 - Interview firms submitting proposals. March 31, 1980 - Work session with Board. April 7, 1980 - Award of contract. PROCEDURES FOR SUBMITTAL • All proposals should be submitted to the Director of Purchasing on or before March 21, 1980 at 1:00 p.m. EVALUATION OF PROPOSALS Upon receipt of all proposals, an evaluation team shall evaluate the firms proposals and then shall interview the firms that, in the County's opinion, can accomplish the task outlined in the Request for Proposal. After interviewing the selected firm or firms, the Board shall take one of two courses of action: 1. Request a firm to perform the tasks outlined in the Request for Proposal. 2. Notify all parties submitting proposals that the constraints identified in the interview process or in evaluating the pro- posals makes it impossible to select any of the firms. `J e If the Board does not make a selection, it may request additional pro- posals from other sources or determine that the restraints identified in the evaluation process disallow the selection of any firm to perform the. ( task outlined in the proposal. ADDITIONAL INSTRUCTIONS/INFORMATION • It is understood that the Board of County Commissioners reserves the right to reject any and all of the proposals, to waive any informalities in the proposal process, and to accept the proposal that, in the opinion of the Board, is in the best interest of the Board and of the County of Weld, State of Colorado. Successful firm shall indemnify and hold-harmless Weld County against all claims for royalties, for patents, or for suits for infringement thereon, which may be involved in providing the services requested. Cost will not be the determining factor. The County reserves the right to refuse the lowest bid, and select the overall best qualified bidder. All factors relating to the bid will be carefully weighed. Project coordination will be accomplished through the Superintendent of Buildings and Grounds of Weld County, Colorado. The proposal shall be sent in a sealed envelope furnished by the Pur- chasing Department of Weld County, Colorado. Six copies of the proposal must be submitted. In snhm{tting the proposal, the vendor agrees that the acceptance of any or all of the bid by the County within a reasonable time or period constitutes a contract. No delivery of service or payment for service shall take place unless a contract has first been issued by the Purchasing Director of Weld County, Colorado, or the Board of County Commissioners. Weld County reserves the right to request additional information from all bidders in the evaluation process if clarification of proposal is • necessary. • • • • Hello