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HomeMy WebLinkAbout2013-038 Contract - RHT Energy Solutions Contract for PERSONAL SERVICES less than $35,000 CITY OF CONSULTANT: RHT Energy Solutions ASHLAND CONTACT: Sherry Dowict, Business Manager 20 East Main Street Ashland, Oregon 97520 ADDRESS: 1215 Stowe Ave, Medford, OR 97501 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 541-770-5884 DATE AGREEMENT PREPARED: 2/4/13 FAX: 541-770-7477 BEGINNING DATE: 2/22/13 COMPLETION DATE: 5/1/13 COMPENSATION: $24,990 SERVICES TO BE PROVIDED: Energy performance audits for City facilities ADDITIONAL TERMS: Facility list and audit requirements and reporting detailed in project RFP (Exhibit A) and summarized by RHT in Proposal (Exhibit B) FINDINGS: Pursuant to AMC 2.50.120, after reasonable inquiry and evaluation, the undersigned Department Head finds and determines that: (1) the services to be acquired are personal services; (2) the City does not have adequate personnel nor resources to perform the services; (3) the statement of work represents the department's plan for utilization of such personal services; (4) the undersigned consultant has specialized experience, education, training and capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and financial constraints provided; (5) the consultant's proposal will best serve the needs of the City, and (6) the compensation negotiated herein is fair and reasonable. NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as follows- 1 . Findings / Recitations. The findings and recitations set forth above are true and correct and are incorporated herein by this reference. 2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such service. 3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel assigned to the work required under this contract are fully qualified to perform the service to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. 4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated above and complete the service by the completion date indicated above. 5. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. 6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of City. 7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract. 8. Living Wage Requirements: If the amount of this contract is $19,494 or more, Consultant is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any Subcontractor who performs 50% or more of the service work under this contract. Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 9. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Consultant (including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 10. Termination: - a. Mutual Consent. This contract may be terminated at an time b mutual consent of both parties. Contract for Personal Services, Revised 06/30/2012, Page 1 of 5 b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. c. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Consultant, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Consultant may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the parry seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Consultant's performance of each and every obligation and duty under this contract. City by written notice to Consultant of default or breach may at any time terminate the whole or any part of this contract if Consultant fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Consultant shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Consultant shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to the termination date if such work was performed in accordance with the Contract. 11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract. Consultant is a subject employer that will comply with ORS 656.017. 12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if consultant has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 14. Insurance. Consultant shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each claim, incident or occurrence. This is to cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract. C. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000.000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. e. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or Contract for Personal Services, Revised 06/30/2012, Page 2 of 5 intent not to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its insurer(s) to the City. f. Additional Insured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Consultant's services to be provided under this Contract. The consultant's insurance is primary and non-contributory. As evidence of the insurance coverages required by this Contract, the Consultant shall furnish acceptable insurance certificates prior to commencing work under this contract. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies; trust agreements, etc. shall be provided to the City. The Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self- insurance. 15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Consultant that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Consultant, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 16. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT; UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 17. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further liability to Consultant. Certification. Consultant shall sign the certification attached hereto as Exhibit A d herein incorporated b reference. Cons Wof-Ashland B By a Si atur Depa ment Head L Print Name Print Name Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. Contract for Personal Services, Revised 06/30/2012, Page 3 of 5 EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria: (1) 1 carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. (2) Commercial advertising or business cards or a trade association membership are purchased for the business. V (3) Telephone listing is used for the business separate from the personal residence listing. (4) Labor or services are performed only pursuant to written contracts. (5) Labor or services are performed for two or more different persons within a period of one year. (6) I assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. Contractor (Date) Contract for Personal Services, Revised 06/30/2012, Page 4 of 5 Exhibit A CITY OF -ASH LAN D Request for Proposals Facilities Energy Audit Release Date: December 3, 2012 Proposal Due Date: Tuesday, January 8, 2013 5:00 PM Proposal Delivery: Email to Project Manager adam@ashland.or.us Mail to Project Manager City of Ashland Attn: Adam Hanks 20 East Main St Ashland, OR 97520 Project Contact: Adam Hanks, Project Manager City of Ashland, Administrative Services Dept adam@ashland.or.us 541-552-2046 Project Summary: The City of Ashland is seeking proposals from qualified firms to contract with the City to perform energy auditing services for the City's municipal facilities. The objective is to provide a comprehensive, uniform analysis of existing energy efficiency coupled with a prioritized operations management and capital improvement plan to meet desired efficiency targets of the City. Scope of Services: The project scope will include an onsite review, assessment and analysis of the components listed below, as well as an optional component detailed in the Auxiliary Solar Assessment section relating to renewable energy potential at each facility. Audit The energy performance audit and report will be conducted at all City facilities listed in appendix A The performance audit report will contain the following: 1. All meters and billing points for all types of energy usage in each facility 2. Itemization of energy consumption sources within each facility 3. Analysis of building envelope Exhibit A 4. Analysis of heating/cooling, ventilation and water heating units/systems and their effectiveness 5. Prioritized list of cost effective measures to improve energy performance of each facility, including mechanical, operational and behavioral measures 6. Cost effectiveness analysis and calculations shall include initial cost, any associated O & M costs, estimated annual energy savings, greenhouse gas emissions reductions, projected life cycle costing, incentive/grant opportunities and other related costs or benefits Benchmarks and Trackin¢ In addition to the audit and report, a methodology and process shall also be provided for ongoing facility energy performance monitoring by City staff to track progress towards meeting individual and overall energy targets. Auxiliary Solar Assessment (Optional submittal) Depending on the project cost of the facilities energy audit, the City may also decide to award a contract for solar photo voltaic installation potential assessments for all facilities listed in appendix A. Solar installation potential assessments shall include the following: 1. Determination of total solar resource fractions of at least 75% and no shading by a tree between 10:00 AM and 2:00 PM 2. Assessment of ease/expense/practicality of installation based on existing roof type, roof condition and estimated existing roof life. 3. Opportunity for use of energy produced on site with net metering 4. Approximate size & generation potential of system to serve energy needs of the facility 5. Estimated cost of the appropriately sized system. Proposal Content: All proposals shall include the following: 1. Total project cost, including calculation methodology 2. Demonstrated experience with municipal energy audits 3. Qualifications of consultant team 4. Project timeline from contract signing to final report. Timeline shall include proposed on site work, data needs, draft report and final report completion. 4. Data needs from City staff 5. Cost estimate to generate data if not available from staff 6. Experience with BPA incentive programs Exhibit A Proposals that include Auxiliary Solar Assessment shall include the following: I . Demonstrated experience with commercial/industrial solar assessments 2. Experience with solar incentive programs in Oregon 3. Qualifications of consultant team relating to solar assessments Method of Award: In accordance with AMC 2.50.120(C), personal services selection criteria shall include: 1. Specialized experience in the type of work to be performed; 2. Capacity and capability to perform the work, including any specialized services within the time limitations for the work; 3. Educational and professional record, including past record of performance on contracts with governmental agencies and private parties with respect to cost control, quality of work, ability to meet schedules, and contract administration where applicable; 4. Availability to perform the assignment and familiarity with the area in which the specific work is located, including knowledge of designing or techniques peculiar to it, where applicable; 5. Cost of the services; and 6. Any other factors relevant to the particular contract. In accordance with ORS 279B.070, Intermediate Procurement (4) If a contract is awarded, the contracting agency shall award the contract to the offeror whose quote or proposal will best serve the interests of the contracting agency, taking into account price as well as considerations including, but not limited to, experience, expertise, product functionality, suitability for a particular purpose and contractor responsibility under ORS 279B.I 10. Exhibit A APPENDIX A. - Facility Site List City Hall. 20 East Main St Office 8,443 Community Development 51 Winburn Wy Office ] 10,716 Fire Station #1 [f5::5: S By Living/Vehicle Bay 15,268 Fire Station #2 1860 Ashland St Living/Vehicle Bay10,076 B St Yard F1075 -B St Warehouse/Office 4,100 Service Center - Warehouse 90 N Mountain Av Office/Warehouse 18,230 Service Center - Fleet/Shop 90 N Mountain A~ Office/Service Bays 5,760 Electric Warehouse 1190 N Mountain Av Warehouse/Storage 8,624 Electric/Streets Covered Storage * 90 N Mountain AvI Vehicle Storage 12,600 Police Station 1155 East Main St Office _ 6,400 Municipal Court/Council 1175 East Main St~ Office/Meeting space 3,489 The Grove 1195 East Main St Office/Activity Center 8,300 Mountain View Cemetery 405 Normal Av Office ] 1,650 Community Center 59 Winburn Way Office/Assembly 4-,260 Oak Knoll Golf Course Club House 3030 East Main St Retail/Office F-2-,0-40------] Pioneer Hall 75 Winbum Way Assembly 2,290 Airport T Hangars 405 Dead Indian Mem Storage 35,000 Wastewater Treatment Plant 1105 Oak St Wastewater Treatment 6,000 Water Treatment Plant 1500 Granite St Water Treatment 5,000 * Lighting only - Not heated/enclosed structure * *Energy Audit in these locations exclude specific processing/treatment related activities Exhibit B PROPOSAL To accomplish an energy performance audit on all City facilities, including all meter and billing points, itemized energy consumption, and analysis of the building envelope, RHT will: • Analyze historical data, occupancy, operation, and occupant behavior. • Identify and review signature energy-utilizing systems, processes and equipment. 13 Compile cut sheets, specs and other equipment-specific data for the existing equipment including nameplate, condition, maintenance procedures, issues and expenses, and control system operations. • Use our wide range of diagnostic equipment (including infrared technology) to collect quantitative data when necessary (see Appendix C - RHT Equipment List). • Determine an Energy Utilization Index (EUI) for each facility and compare to national data. ® Develop and prioritize a list of energy efficiency measures. • Identify no cost/low cost measures and estimate savings potential for these measures. • Identify potential capital improvements and perform preliminary cost and energy savings estimates. Identify non-energy benefits, specifically those related to health, safety, environment, comfort, or decreases in runtime and maintenance costs. Include a list of measures that were considered, but deemed to be unpractical, and the reasons for that conclusion. Identify measures that should be bundled together for maximum synergistic energy savings impact. Q Research incentives, grants, and pass-through tax credits. RHT is an authorized Technical Service Provider for the BPA and we will work with the City to identify BPA incentives. 0 Compile all findings for each facility in a comprehensive report to be submitted to the City of Ashland. CERTIFICATE OF LIABILITY INSURANCE 2/22/20113"' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EMEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. - IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed- If SUBROGATION IS WAIVED, subject to the terns and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NFMEpCT Marcene Forney Ashland Insurance Ina PHONE (541)857-0679 FAM 0a,(541)857-9883 IA1C. N,. 60, 801 O'Hare Parkway, Ste 101 EDUness:marcene£@ashlandins=i:nce. corn INSURERS AFFORDING COVERAGE NAIC# Medford OR 97504 INSURERA:MUtUal of Enumclaw 4761 INSURED INSURERB:SAIF Corporation RHT ENTERPRISES INC Dba: RHT Energy Solutions INSuRERC:United State Liab Ins G 5895 1215 STOWE AVE _ INSURER O: INSURER E: MEDFORD OR 97501 INSURER F: COVERAGES CERTIFICATE NUMBER:CL12S2703731 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY HUMBER DfYY`TYI MMMDIYYYY LIMITS OENERALLIABILITY EACH OCCURRENCE $ 2,000,000 NTMY- X COMMERCIAL GENERAL LIABILITY PREMISES ummee S 100,000 A CLAIMS-MADE Ex1OCGUR X P0003312 /25/2012 /25/2013 MEOEXP An ono ers. 5 10,000 PERSONAL 6 ADV INJURY 5 2,000,000 GENERAL AGGREGATE S 4,000,000 GENL AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 4,000,000 X POLICY PRO- LOG S AUTOMOBILE LIABILITY COMBINED SINGLE Mr a ,den 1,000,000 A X ANY AUTO BODILY INJURY (Pr pers.) $ ALL OWNED SCHEDULED 9AP000151600 /25/2012 /25/2013 BODILY INJURY(Pbrarddanl) S AUTOS NON-OWNED PROPERTY DAMAGE S HIRED AUTOS AUTOS r UNnsured me.arW en S UMBRELLA LIAB ' OCCUR EACH OCCURRENCE S DICF55 LU1B CLAIMS-MADE AGGREGATE S DED RETENTIONS S B WORKERS COMPENSATION' WC STATU- OTH- AND EMPLOYERS' LIABILITY ANY PRDPRIETOR/PARTNEWEXECUTIVE~ NIA EL EACH ACCIDENT S 11000,000 OFnCER/MEMBER EXCLUDED? 997634 /1/2012 /1/2013 (Mandatory I. NH) EL- DISEASE - EA EMPLOYE S 1,000,000 Ify~ de~.bwund. DIMRIPT10N OF OPERATIONS bald E.L. DISEASE-POLICY LIMIT S 1,000,000 C Professional Liability PLOO63771 /25/2012 /25/2013 2,000,000 DESCRIPTION OF OPERATIONS/ LOcAnoNS I VEHICLES (AltuhACORDIDI,AddldanalRmarMSchodub,BmamspxeTsrequtred) The City of Ashland, Oregon and its elected officials, officers and employees are additional insureds. CERTIFICATE HOLDER CANCELLATION (541) 488-5311 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The City of Ashland, Oregon and its elect ACCORDANCE WITH THE POLICY PROVISIONS. Officials, officers and employees AUTHORIZED REPRESENTATIVE 20 East Main Street Ashland, OR 97520 Marcene Forney/MARL ACORD 25 (2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. Ci lY RECORIDER Page 1 / 1 j~ CITY OF -ASH LAND DATE PO NUMBER ' 20 E MAIN ST. 2/20/2013 11449 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 017616 SHIP TO: City of Ashland . RHT ENTERPRISES INC (541) 488-6002 1215 STOWE AVENUE ( 20 E MAIN STREET MEDFORD, OR 97501 ASHLAND, OR 97520 FOB Point: Req. No.: Terms: Net Dept.: Req. Del. Date: Contact: Adam Hanks Special Inst: Confirming? No Description - Unit Pnce -Ext. Price:.. guano...- Unit..,.' Energy performance audits for City 24,990.00 facilities per the attached contract and scope of work. Contract for Personal Services Beginning date: 02/22/2013 Completion date: 05/01/2013 SUBTOTAL 24 990.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST I FREIGHT 0.00 541-552-2010 TOTAL 24,990.00 ASHLAND, OR 97520 'Account Number, Project Number " • Amount -Account Number Project Number . Amount E 410.08.24.00.70410 2499000 VENDOR COPY AuthoriVrd signatur 'FORM #3 CITY of A request for a Purchase Order ASHLAND REQUISITION Date of request: z i Required date for delivery: Vendor Name Z;z 41, -to 1;66 r Address, City, State, Zip /,-/j- J-/,WC Ay '-A"'yz„W M 97J-C/ Contact Name & Telephone Number S~.r. Da w/of sYr- 7>u - S&Y Fax Number syr- »a - -2v» SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached ❑ Small Procurement Cooperative Procurement Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon ❑ Direct Award Date approved by Council: Contract# ❑ Verbal/Written quote(s) or proposal(s) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5,000 to $100,000 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES El Special Procurement Intergovernmental Agreement $5.000 to $75.000 ❑ Form #9, Request for Approval ❑ Agency Less than $35,000, by direct aPP f-, ointment ❑ Written quote or proposal attached Date original contract approved by Council: ® (3) Written proposals attached- 9 Date approved by Council: (Date) Form #4, Personal Services $5K to $75K Valid until: Date Description of SERVICES Total Cost &ergy Ae'r4r. a. c Aa'l)fp 10-~ 6'1y {-c,u'h/ty J'« ,eF~ o(~,~,1, $ 2 X90 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST Per attached quote/proposal $ Account Numberylo.OF-,zy-oo.7j~o Project Number Account Number Account Number 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: y/w' IT Director Date . Support -Yes l No By signing this requisition form, I certify that the City's public contracting require ants have been satisfied. Employee Signature: ~L` Department Head Signature: ^ c' Dui f~• (Equal to or greater than $5,000) City Administrator: (Equal to or greater pan S25 ,000) Funds appropriated for current fiscal year: NO ' 2. -V Finance Director- (Equal to orgrea han $5,000) Date Comments: Form #3 - Requisition CITY OF FORM #4 ASHLAND DETERMINATIONS TO PROCURE PERSONAL SERVICES $5,000 to $75,000, To: Dave Kanner, Public Contracting Officer From: Lee Tuneberg, Administrative Services/Finance Director Date: 11/28/12 Re: DETERMINATIONS TO PROCURE PERSONAL SERVICES In accordance with AMC 2.50.120(A), for personal services contracts greater than $5,000, but less than $75,000, the Department Head shall make findings that City personnel are not available to perform the services, and that the City does not have the personnel or resources to perform the services required under the proposed contract. However, the City Attorney, the Public Contracting Officer, or Local Contract Review Board, can require a formal solicitation for bids to ensure that the purposes of this chapter are upheld. Background With appropriated funds from the Facilities Division of the Public Works Department, the Conservation Division is coordinating a project to conduct complete energy audits at all City maintained facilities. The audit will include itemization, analysis and reporting of the HVAC systems, energy consumption sources, building envelope efficiency, etc and will provide cost effective measures (mechanical, operational and behavioral) to improve energy efficiency at each facility. An additional component is a solar electric potential assessment for all facilities, which includes solar resource fraction measurement, roof condition assessment, orientation, facility consumption (net metering potential) system size and cost. The estimated cost for the consultant work is between $20,000 and $40,000. The recent inclusion of the City in the Bonneville Power Administration's Energy Smart Industrial program has provided specific no- cost consulting for the City's water and wastewater treatment facilities which will be excluded from this project, which should significantly drive down the costs from the initial estimate and budget approval of $40,000. It is anticipated that the consultant will be selected in mid-January and will complete the project in late April. A formal request for proposals has been drafted and is attached for reference. Form #4 - Department Head Determinations to Procure Personal Services, Page 1 of 2, 2/11/2013 Pursuant to AMC 2.50.120(A), has a reasonable inquiry been conducted as to the availability of. City personnel to perform the services, and that the City does not have the personnel and resources to perform the services required under the proposed contract? While the City has staff from the Conservation Division that are skilled and trained in this general field of work, their existing workload serving the customers of the Electric Utility restrict their ability to perform this task within the timeframe desired. Additionally, the varied facility types, uses and construction present unique assessment needs that benefit from a project consultant more familiar and experienced with the full range of facilities within the City's building inventory. Having the general skills and expertise within City staff does provide the benefit of in depth review of the submitted proposals for the selection process and constructive and expert analysis of the final report of the consultant. Both contribute greatly to a final product that will be of benefit to the City in future facilities capital planning and operations and use policies and procedures. Form #4 - Department Head Determinations to Procure Personal Services, Page 2 of 2, 2/11/2013