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HomeMy WebLinkAboutmckinstry energy conservation servicesR D E F�) I JUN 0 B 2009 1 . `.. AGREEMENT THIS AGREEMENT, made on the 3 d day of June, 2009, by and between the CITY OF OSHKOSH; party of the first part, hereinafter referred to as CITY,.arid MCKINSTRY (2310 Crossroads Drive, Suite 5200, Madison, WI 53718), hereinafter referred to as the CONTRACTOR/CONS ULTANT, WITNESSETH: That the City and the Contractor /Consultant, for the consideration hereinafter named, agree as follows: ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. . The Contractor /Consultant shall assign the following individual to manage the project described in this contract: (Paul Gustafson, Program Development Manager) B. Changes in Project Manager. The City shall have the right to approve or disapprove of any proposed change from the individual named above as Project Manager. The City shall be provided with a resume or other information for any proposed substitute and shall be given the opportunity to interview that person prior to any proposed change. ARTICLE II. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: (Jon Urben, Director of General Services) ARTICLE III. SCOPE OF WORK The Contractor /Consultant sh vide the se ' es des ibed in the City's R nest :J,� u for Propo s a Proposal o e Cant ctor /C ultant. If nyth' in e P oposal c flic with the R quest f roposals, the p isions in the Re st for Pr sals shall ao n. OR, when there has been no Request for Proposals The Contractor /Consultant shall provide the services described in its proposal attached hereto and incorporated herein by reference. The Contractor /Consultant may provide additional products and /or services if such 1 products /services are requested in writing bJhe. Authorized Representative of the City. ARTICLE IV. CITY RESPONSIBLITIES The City shall furnish, at the Contractor /Consultant's request, such information as is needed by the Contractor /Consultant to aid in the progress of the project, providing it is reasonably obtainable from City records. To prevent any unreasonable delay in the Contractor's /Consultant's work the City will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. ARTICLE V. TIME OF COMPLETION . The work to be performed under this contract shall be commenced and the work completed within the time limits specified in the /Contractor's proposal. (Indicate which) _gu ARTICLE III. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $0.03 per square foot, adjusted by any changes as provided in the General Conditions, or any changes hereafter mutually agreed upon in writing by the parties hereto. In the event the proposal and contract documents are on a "Unit Price" basis, the above mentioned figure is an estimated figure, and the City shall, in such cases, pay to the Contractor for the performance of the contract the amounts determined for the actual number of units that are incorporated in or made necessary by the work covered by the contract. Fee schedules shall be firm for the duration of this Agreement. B. Method of Payment. The Contractor /Consultant shall submit itemized monthly statements for services. The City shall pay -the Contractor /Consultant within 30 calendar days after receipt of such statement. If any statement amount is disputed, the City may withhold payment of such amount and shall provide to Contractor /Consultant a statement as to the reason(s) for withholding payment. C. Additional Costs. Costs for additional services shall be negotiated and set forth in a written amendment to this agreement executed by both parties priorto proceeding with the work covered under the subject amendment. ARTICLE IV. CONTRACTOR TO HOLD CITY HARMLESS The Contractor covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims and demands of any kind or character whatsoever 4 which may in anyway be.,taused..by or result from the intentional or negligent acts of,the:..:; Contractor, his agentsor'assigns, his employees or his subcontractors remotely to the performance of this Contract or be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the City all sums including court costs, attorney-fees and punitive damages which the City maybe obliged:or. . adjudged to pay on any such claims or demands within thirty (30) days of the date of the City's written demand for indemnification or refund. ARTICLE V. INSURANCE The Contractor /Consultant agrees to abide by the attached City of Oshkosh Insurance Requirements. ARTICLE VI. TERMINATION A. For Cause. If the Contractor /Consultant shall fail to fulfill in timely and proper manner any of the obligations underthis Agreement, the City shall have the right to terminate this Agreement by written notice to the Contractor /Consultant. in this event, the Contractor /Consultant shall be entitled to compensation for any satisfactory, usable work completed. B. For Convenience. The City may terminate this contract at any time by giving written notice to the Contractor /Consultant no later than 10 calendar days before the termination date. If the City terminates under this paragraph, then the Contractor /Consultant shall be entitled to compensation for any satisfactory work performed to the date of termination. This document and any specified attachments contain all terms and conditions of the Agreement and any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this Agreement. In the Presence of: - 3 o'l (Seal of Contractor if a Corporation.) By: (Specify Title) 3 CONTRACTOR /CONSULTANT CITY OF OSHKOSH By. -�✓ 6.' �/ pQar A. Rohloff, City Manag r (Witnes And: I la .NAIIMT'n� I (Wi ess) Pamela R. Ubrig, City Cier APP VED: I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. y Attor G City Com oller 4 ACORD. CERTIFICATE OF LIABILITY INSURANCE OP ID MA DATE(MM /DDIYYYY) I MCKIN -1 06/041Q9 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION TYPE OF INSURANCE ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Hub International Northwest HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. 0. Box 3018 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Bothell WA 98041 -3018 GENERAL LIABILITY Phone:425- 489 -4500 Fax:425- 489 -4501 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Zurich American insurance co. 16535 INSURER B: Amer Guarantee Liab Ins CPO - 3999903 01/31/09 INSURER C: PRE MISES (Ea occurence McKinstry Essention, Inc. INSURER D: $10,000 PO Box 24567 Seattle WA 98124 -0567 INSURER E: CC)V FRAf ;FS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LT NSR TYPE OF INSURANCE POLICY NUMBER OLI DATE MM /DDIYY P MMI TIO DATE MM /DD1YY LIMITS GENERAL LIABILITY EACH OCCURRENCE s2,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE F_X] OCCUR CPO - 3999903 01/31/09 01/31/10 PRE MISES (Ea occurence $300,000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $ 2 , 000 , 000 GENERAL AGGREGATE $4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OPAGG s4,000,000 POLICY X PRO LOC JECT A AUTOMOBILE LIABILITY ANY AUTO CPO- 3999903 01/31/09 01/31/10 (Ea accident) $ 1,000,000 X BODILY INJURY Per person) $ ALL ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO T $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE s2,000,000 B X OCCUR EI CLAIMSMADE AUC9309112 -06 01/31/09 01/31/10 AGGREGATE s2,000,000 $ H DEDUCTIBLE $ X RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE WC3999907 10/01/08 10/01/09, X I TORY LIMITS i I ER E.L. EACH ACCIDENT $ 1000000 E.L. DISEASE - EA EMPLOYEE $ 1000000 OFFICER/MEMBEREXCLUDED? N/A TO ADD INSURED If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE- POLICY LIMIT $ 100000'0 OTHER DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS ADDITIONAL INSUREDS) AS REQUIRED BY WRITTEN CONTRACT SUBJECT TO POLICY TERMS, CONDITIONS, LIMITATIONS & ATTACHED ADDITIONAL INSURED ENDORSEMENT: THE CITY OF OSHKOSH, THE CITY OF OSHKOSH'S ELECTED OR APPIONTED OFFICIALS AND EMPLOYEES. CERTIFICATE HOLDER CANCELLATION CITY OF OSHKOSH ATT: CITY CLERK PO BOX 1130 OSHKOSH WI 54903 CIOSHKO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ACORD 25 (2001108) © ACORD CORPORATION 1988 try feat Yoar Building May 22, 2009 City of Oshkosh 215 Church Ave. Oshkosh, WI 54903 Attention: Jon G. Urben, Director of General Services Regarding: Request for Proposals for Energy Conservation Services Dear Mr. Urben; We are pleased to present McKinstry's proposal for Energy Conservation Services at the City of Oshkosh. For 50 years, we are a company with a focus and strength in providing high quality energy and facility services. Our local project team Is highly qualified and has a great deal of experience in providing energy services in Wisconsin. More specifically, the energy engineering team assigned to the City, has tremendous experience in Energy Conservation Services. The team is led by Paul Gustafson, the McKinstry Engineering /Development Manager, who has over 25 years of Wisconsin energy experience. Attached, you will find Paul's resume. Based on your request, the Energy Conservation Services which would be provided by McKinstry as outlined below: SCOPE OF WORK An ASHRAE Level 1 Energy Audit will be conducted in the buildings identified in the enclosed E)CCEL file (provided by Jon Urben on May 19, 2009. A. The ASHRAE Level 1 Energy Audit will consist of the following Scope of Service: .• Conduct on -site inspections of your facilities and their major energy using systems and equipment. This will include all lighting, space heating and cooling, commercial -grade air handling systems, service hot water, and water and wastewater treatment processes and automatic controls for these systems. Identify energy saving facility improvement measures in each facility. • Approximate energy savings and implementation costs. Estimates will be developed using rules of thumb, experience with similar projects, and cost estimating manuals. These estimates will be for budgeting and planning purposes only, and will not be investment grade analyses that can be used for making go / no -go decisions with a high level of confidence. • Complete a summary report of all buildings investigated Including: Description of each facility and its major energy using systems and equipment. Analysis of energy use for a recent 12 -month period. Create a baseline of existing /past energy consumption for identified City facilities and its municipal infrastructure. Energy savings per dollar invested. ➢ Renewable energy capacity installed. Determine the City's Carbon Footprint and Greenhouse gas emission reduction. Identify improvements to existing equipment and operations and identifying equipment, system improvements and upgrades that will further reduce energy consumption but will maintain consistent levels of building functionality and maintain consistent and reasonable levels of occupant comfort. Prepare a comprehensive matrix that identifies and individually lists energy conservation measures, estimated implementation costs, the estimated energy savings which includes return on investment estimates and identifies the benefits for the listed energy conservation measure ➢ Identify funding mechanisms, potential rebates and /or utility, local, state and federal technical and financial incentives that may be available for the energy conservation improvements. 2310 Crossroads Dr., Suite 5200 ■ Madison, WI ■ 53718 ■ 608.242.9194 ■ Fax 608.242.9197 Proposal City of Oshkosh May 22, 2009 Page :2 ➢ Provide private sector funding recommendations, including strategies and implementing activities for residential and commercial energy conservation projects. ➢ Provide reporting to the City regarding the progress and success of the overall program. • Review the results of the study with you in person. B. In addition, as a part of the overall Energy Conservation Services. McK €nstry will provide assistance with ALL the administration tasks regarding the EECBG application for stimulus dollars. Included in the tasks, McKlnstry shall assist the City with the following steps: 1. STEP 1: Register with the Central Contractor Registration (CCR) and designate E- Business Point of Contact (E -Biz POC). 2. STEP 2: Authorized Organization Representatives (AORs) create profile on grants.gov to obtain username and password. 3. STEP 3: Authorized Organization Representatives (AORs) approval given from E -Biz POC. 4. STEP 4: AORs submits application REFERENCES Please see attached list for McKinstry Co. references. In addition, we have been selected to consult the following Midwestern Cities through the federal stimulus requirements: • City of Sioux Falls, SD (Pop. 150,000) • City of Coon Rapids, MN (Pop. 65,000) • City of Eagan, MN (Pop. 70,000) • City of Eden Prairie, MN (Pop. 55,000) PROJECT TIMELINE McK €nstry can commence this project as soon as we get the City's approval and can complete the necessary steps for the EECBG application in time for the June 25 deadline. McK €nstry will complete the audit no later than 45 days after the acceptance of this proposal. PROJ ECr BREAKDOWN We estimate the total project time to be roughly a total of 200 hours. We anticipate the being on -site for approximately 30% of the time doing site walk - throughs, staff interviews, etc. The remaining 70% would be dedicated to non -site work including energy calculations, report development, EEBG application processing, etc. METHOD OF COMPENSATION McKinstry proposes to complete the work outlined above to the City of Oshkosh for an amount of $0.03 per square foot • The additional 2 buildings (Convention Center and Grand Opera House) would be an adder of $0.03 per square foot • The compensation to McKinstry will be 100% reimbursed through the grant as pan: of the "administration" of the funds. We look forward to applying our knowledge and expertise towards this and future projects. Please feel free to contact me at 608.242.9194 should you have any questions or requests for clarification. Sincerely, "�' C '— Dan Choi McKinstry Co. Account Executive 2310 Crossroads Dr., Suite 5200 ■ Madison, WI. 53718 x 608.242.9194 ■ Fax 608.242.9197 Proposal City of Oshkosh May 22, 2009 Page 2 Accepted for McKi s BY DATED 7� Accepted for City of Oshkosh BY zwl e DATED 6 J cl —a 2310 Crossroads Dr., Suite 5200 ■ Madison, WI ■ 53718 ■ 608.242.9194 • Fax 608.242.9197