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Home My WebLink About11- National Center for Appropriate Technology Service Agreement, Lighting and Heating Retrofit ProjectsSERVICE AGREEMENT Between City of Bozeman Department of Facilities and National Center for Appropriate Technology (NCAT) 1) SCOPE OF WORK The National Center for Appropriate Technology (NCAT) will provide project consulting services to the City of Bozeman Department of Administration - Facilities (the City) for its lighting and heating retrofit projects. These services will be to provide specifications and develop a bid package in support of the selection of contractor(s) to install lighting and heating equipment in the city facilities under the Energy Efficiency and Conservation Block Grant (EECGB) non-formula grant program. MCAT will also provide assistance in reviewing bids submitted by contractors. MCAT will assist the City in submitting information to NorthWestern Energy for possible rebates under the Energy E+ Commercial Program. Specifications Task # Task Description Task J Compile specifications and manufacturer's cut sheets for the following lighting equipment: Compact fluorescent lamps — 10 watt, 15 watt, 26 watt and 46 watt 25 Watt linear T-8 lamps 25 Watt U-bent T-8 lamps 86 Watt F96 HO linear lamp 4 lamp F54 T5 HO fixture Programmed Start Ballasts for 25 watt lamps 175 and 350 watt pulse arc light fixtures for outside pool and pavilion 70 watt pulse start fixtures with integral or attached photo cell/o ccupancy sensor control Wall- mounted occupancy sensor Ceiling mounted occupancy sensor Task 2 Develop installation guidance for the lighting equipment, to include best practices for retrofit of existing fixtures and proper location of occupancy sensors. Task 3 Compile specifications and manufacturer's cut sheets for the following heating equipment 90+ efficiency natural gas fired unit heaters in city shops of the following capacities: 30,000 btu per hour 45,000 btu per hour 75,000 btu per hour 123,000 btu per hour 150,000 btu per hour 200,000 btu per hour 225,000 btu per hour City of Bozeman Page 1 Bid Package Task # Task Description Task 4 Produce design documents as required for the bid package. These may include, but are not limited to: General Terms and Conditions Lighting: general description and locations of lighting equipment and controls to be retrofitted or replaced based upon NCAT's lighting audit provided in 2010. Furnace Replacements. general description and location of furnaces to be replaced based upon 2010 MCAT energy audit Bid Proposal Form Task 5 Analyze bids for compliance with bid specifications. Approve or reject material substitutions. Compare and evaluate bid packages, and make recommendations for bid award(s). 2) PERIOD OF PERFORMANCE The period of performance is from January 24, 2011, through March 22, 2011. 3) PAYMENT TERMS Payment for all services and expenses as defined under this contract, to accomplish the tasks outlined in the scope of the work, will not exceed $5,000. MCAT will notify the City of any significant changes to the scope that may occur during the term of this agreement and shall obtain approval from the city for any associated cost increase or schedule change. N CAT will submit one invoice for all work to the City. The City will pay the invoice within 30 days of approval by the Project Manager. 4) GENERAL PROVISIONS Whereas the City is in need of professional services and whereas MCAT (Consultant) desires to provide such services, it is mutually agreed: 1. The Consultant's relationship to the City is that of an independent contractor rendering specifically delegated professional services. The Consultant will have no authority to make commitments to others on the behalf of the City. Nothing contained herein shall be deemed to create a relationship of employer and employee between The City and the Consultant, 2. The Consultant agrees not to assign or to transfer his rights or interest under this Agreement without the prior written consent of the City. 3. The Consultant agrees not to delegate his duties or obligations under this Agreement without the prior written consent of the City. 4. The Consultant agrees to comply with all applicable laws, regulations and ordinances of the Federal, State and local government with respect to conduct of business as an independent contractor, including without limitation, duties under the Federal social security and income tax laws, regulations and duties arising under State laws and regulations with respect to worker's compensation insurance coverage. City of Bozeman Page 2 5. The Consultant will procure and maintain in full force at all times during the performance of work under this agreement the following insurance policies. a. Worker's Compensation Insurance, Consultant may provide a certificate of exemption, pursuant to Section 39-71-401(3), MCA, or successor law in Montana, or pursuant to a similar law of another State(s) if necessary to establish that the Consultant does not need Worker's Compensation Insurance for the performance of work under this agreement; b. During the term of this agreement, MCAT shall maintain commercial general liability insurance coverage issued by an insurance company licensed to do business in Montana in an amount no less than of $750,000 per claim and $1,500,000 per occurrence for all activities conducted - under this Agreement. Such policy shall apply to all claims for bodily injury, death, or property damage which may arise from operations undertaken by MCAT, its principles, employees, agents, or subcontractors under this Agreement. Such policy shall name the City of Bozeman, its officers and employees, as additional insured on a primary non-contributory basis. Such policy shall contain no exceptions or exclusions for activities conducted under or related to the activities conducted under this Agreement and shall contain a clause providing it will not be cancelled by the insurance company without 30 days written notice to the City of its intention to cancel. MCAT shall provide the City a Certificate of Insurance indicating such coverage upon execution of this Agreement. These insurance requirements are in addition to and separate from any other obligations contained in this Agreement. 6. This Agreement will remain in effect until March 22, 2011, or until superseded by mutual agreement of the parties hereto. Notwithstanding this provision, or any other provisions hereof, this Agreement may be terminated upon ten (10) days written notice by either party to the other. In such event, all finished and unfinished products, data, materials, and reports prepared by the Consultant under this Agreement shall be turned over to the City and the Consultant shall be entitled to receive just compensation for any satisfactory work as determined by the City. 7. Consultant agrees to defend, indemnify and hold harmless the City from any and all liabilities, claims, injuries, damages, or other liability arising in tort or breach of contract and resulting from any intentional or negligent acts or failures to act of Consultant's principals, officers, agents or employees relating to this agreement and arising in favor of any person or entity. 8. The City agrees to defend, indemnify and hold harmless Consultant from any and all liabilities, claims, injuries, damages, or other liability arising in tort or breach of contract and resulting from any intentional or negligent acts or failures to act of the City's principals, officers, agents or employees relating to this agreement and arising in favor of any person or entity. 9. If any term, provision, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the rest of this Agreement shall remain in force and effect and shall in no way be affected, impaired or invalidated. 10. In the event that there is a material disagreement as to the terms, conditions, interpretations or applicability of any portions of this contract by either party, the disagreement will be resolved through mediation or non-binding arbitration through the American Arbitration City of Bozeman Page 3 Association and/or the Federal Mediation and Conciliation Service. Either party may opt out of the mediation or arbitration. The arbitrator will be agreed upon by both parties or else chosen according to the rules of the American Arbitration Association. The arbitration will be held in Gallatin County according to the then current rules of the American Arbitration Association. The arbitrator's fee and associated costs will be shared equally by the parties. Otherwise each party will bear its own attorney fees and costs and the prevailing party will not recover them from the other party. All notices and demands which may or are required or permitted to be given by either party to the other under this .Agreement shall be in writing. All notices and demands shall be given or served personally or sent by United States mail, postage prepaid and addressed as follows: James Goehrung Facilities and Lands Superintendent City of Bozeman 121 N. Rouse Bozeman, MT 59715 406- 582 -3232 David Ryan, PE Energy Engineer National Center for Appropriate Technology PO Box 3838 Butte, MT 59702 406 -494 -8644 This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof. This Agreement shall not be modified in any respect, except in writing executed by both parties. City of Bozeman By. y� Date: National Center for Appropriate Technology, Consultant By: Date: L-,- 1 81- 0361046 Federal Tax YD Number or Social Security Number City of Bozeman Page 4