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HomeMy WebLinkAboutbocc.con.017.248/30/2021 CDD Contract Information Contract Number Project Name Contractor Budget Line Item 15021217.574000 - HHS Building 21035210.574000 - Library Procurement Method: Type: Contract Start Date Contract End Date Contract Type Retainage If this is a new contractor, please enter the New Vendor information into Munis for workflow approval. Contact Information: Department County Representative Rich Englehart County Representative Phone (970) 429-6135 Provide a brief description of the Contract or Change Order: Contract Value Summary: $ 49,460.00 $ - $ - $ 49,460.00 Administration MEP guidance, RFP support, and Construction Tech Assistance for the electrification projects for the Pitkin County Library and HHS facilities. Original Contract Amount Previous Change Order/Amendment Amount This Change order/Amendment amount Contract Total No MEP Project Guidance for the Electrification of the Library and HHS Facilities Point Energy Innovations $ - Additional Budget Line Item(s) (Please fully allocate New Contract Total) $ - $ - $ - $ - Sole Source Services/Maintenance 1/1/2024 12/31/2024 New Contract 017.24 Pitkin County Procurement Cover Sheet Please complete the Contract Cover Sheet when the contract/task order is complete and fully executed. Return all Contract Cover Sheets and Contracts/Change Orders/Amendments/Task Orders to Procurement Rev 2023.12.15 CDD 1 PITKIN COUNTY SOLE SOURCE PROCUREMENT JUSTIFICATION REQUEST TO: County Manager DATE: January 2, 2024 FROM: Rich Englehart, Deputy County Manager Proposed Contractor: Point Energy Innovations Product/Service: Library & HHS Building Electrification RFP, Design, and Construction Assistance Estimated expenditure for the above Product/Service: $ 49,460.00 This form is required in documenting a Sole Source exception from an otherwise competitive bidding process when sufficient competition does not exist, a single vendor represents a clear and best value to Pitkin County, or other factors are present that preclude other vendors from being able to provide the product(s), service(s), and/or construction. This purchase is clearly and legitimately limited to a Single or Sole Source. (Examples: original manufacturer, no regional distributor, standardization etc): Explain: Pitkin County has worked to develop a strategic approach for the electrification priorities among County- owned and operated facilities. Kimley Horn produced the data for Pitkin County to assess and budget for ten buildings to begin to convert gas-powered facilites to electric and to address the BoCC's climate action goals. Due to failing heating and cooling systems that are beyond their useful like, Couinty staff prioritized and budgeted to convert the Library and the HHS Building as the first facilities to electrify this year. Staff successfully secured DOLA funding to assist with the project. The next step is to develop a Request for Proposals to select an Engineering Firm to implement the conversion. In order to begin to develop the RFP, staff is seeking expertise in this field to help develop the finalize design, oversee the implementation of electrification efforts and provide technical assistance for the Pitkin County Library and Health & Human Services facilities. Pitkin County reached out to three providers of the required services, and Point Energy Innovations were the only firm to respond with a detailed scope and cost approach that meets the County's requirements. The other two firms were REG and CORE, both local providers. REG decided they may bid on the project and thus would have had a conflict if involved in the development of the RFP. CORE simply did not have the time and resources to take this on at this point in their reorganization efforts. This effort satisfies the "Informal" procurement method per County Code, however, there is the potential for scope expansion, so the procurement of these services are being documented as a sole source procurement due to the lack of availability within the market and the unresponsiveness of other vendors who were engaged Rev 2023.12.15 CDD 2 when the County is on a fixed timeline for funding opportunities with DOLA. The additional scope may include services dedicated to the commissioning process once installed. Point Energy Innovations (PEI) is an engineering firm with a mission and business model to drive building MEP systems to new levels of performance and cost effectiveness Point Energy will provide oversight and project guidance for the Pitkin County Library and HHS electrification projects. The tasks include: 1) Assiting in preparing an RFP, selecting a local consultant and giving guidance to the local consultant through the design and implementation phases of the project. The RFP will be set up so that the selected team will examine cost effective options that might offer lower energy and construction costs than the current all electric resistance with electrical service upgrade option. PEI will work in a collaborative manner with Pitkin County staff and all of the design and construction team in order to find optimized solutions in the fastest manner possible. Peter Rumsey, PEI’s principal for this project, is a national leader in decarbonization design. He has worked on over 50 LEED Platinum buildings and is adjunct faculty at Stanford University where he teaches a course on building decarbonization. He will leverage his experience throughout the country and the Rocky Mountain Region to guide the team to the most cost effective electrification solution. He will help the team through any difficulties that might arise from this new way of providing heating and cooling for buildings. He will also leverage his many connections to HVAC manufacturers to help find the best equipment for the project. Before any other work is undertaken, Point Energy will review the previous Kimley Horn electrification studies in order to use that information in drafting the RFP scope. The RFP will most likely include the requirement to validate the options and costs in the study. More importantly the RFP will cover the design of the replacement systems. Point Energy will include criteria for success in the RFP scope. 2) Design Review Assistance as technical advisor to the two projects. He will help with the onboarding of the engineering consultant. During the early stages of the design, he will review the proposed solutions. He will review the 100% SD and 100% DD documents. The final construction documents will be reviewed by the county. His review will be limited to the MEP portion of the project Rev 2023.12.15 CDD 3 3) Construction Technical Assistance during the construction phase to include technical backup and assistance to the team when difficult decisions need to be made, substitutions reviewed and change orders evaluated. Towards the end of construction, Point Energy will review the commissioning report and deficiencies identified. PEI has the capiblitiy to preform the commissiong and develop a report, but at this time, those costs are not included. Rev 2023.12.15 CDD 4 The undersigned requests that Pitkin County waive other procurement requirements and recognize this transaction as a sole source exception to the Pitkin County Procurement Code. Department Representative Department Director !#COUNTY REPRESENTATIVE#! Date !#SECTION LEADER#! Date County Manager Reason for Denial: ________________________________________ !#COUNTY MANAGER SOLE#! Date Deputy County Manager Jan-17-2024 Rich Englehart County Manager Jan-23-2024 Jon Peacock Contract # 017.24 Revision: 2023.12.15 CDD 1 PITKIN COUNTY CONTRACT FOR PROVISION OF SERVICES THIS CONTRACT, made January 2, 2024 by and between the Board of County Commissioners of Pitkin County, Colorado, 530 E. Main St., Suite #302, Aspen, CO 81611, (hereinafter called the “County”) and Point Energy Innovations, 220 Montgomery Street, Suite #321, San Francisco, CA 94104 (hereinafter called the “Contractor”) to perform the following work: MEP Project Guidance for the Electrification of the Library and HHS Facilities (“Project”). I. Term of Contract: The term of this Contract is from January 1, 2024 to December 31, 2024. At the expiration of the initial term, the contract may be extended for additional term(s) of one (1) year increments by the express written consent of both parties through the completion of all Project Tasks. II. Contractor’s Obligations. Contractor shall provide MEP project guidance, assist in the preparation and review of Requests for Proposal documents, perform design review assistance, and work with County Staff and/or Contractors to provide technical assistance throughout the Construction phases for the electrification projects at the Pitkin County Library and Health and Human Services facilities. Contractor will perform these duties in coordination with Project Lead, County Staff, and/or any other stakeholders identified as relevant to the project(s) and in accordance with the attached proposal, included herein as Attachment A, inclusive of any rates, schedules, and deliverables. III. Compensation and Expenses, Invoicing, Payment and Offset. The County shall compensate Contractor for its services in accordance with the Project Budget and Schedule set out in Paragraph II. It is expressly understood and agreed that in no event will the total compensation and reimbursement to be paid hereunder exceed the sum of Forty-Nine Thousand Four-Hundred and Sixty dollars and Zero cents ($49,460.00) for all services rendered. By contract or amendment, the County and Contractor may reallocate the budget among project tasks if the total budget amount remains unchanged. Contractor shall invoice for the project monthly based on hours worked, with payment expected within thirty (30) days of invoice. Any payment by the County may be offset by any amount the Contractor owes the County for any reason. Contract # 017.24 Revision: 2023.12.15 CDD 2 IV. County’s Exclusive Ownership of Work Product. Drawings, specifications, guidelines and other documents prepared by Contractor in connection with this Contract shall be the property of the County. However, Contractor shall have the right to utilize such documents in the course of its marketing, professional presentations, and for other business purposes. Contractor assigns to County the copyrights to all work prepared, developed, or created pursuant to this Contract, including the right to: 1) reproduce the work; 2) prepare derivative works; 3) distribute copies to the public; 4) perform the works publicly; and 5) to display the work publicly. Contractor shall have right to use materials produced in the course of this Contract for marketing purposes and professional presentations, articles, speeches and other business purposes. V. Pitkin County’s Obligations. Pitkin County shall administer this Contract through a County Representative. Rich Englehart, Deputy County Manager will manage the project as the County’s Representative. In the event that Rich Englehart is not available, Kara Silbernagel, Deputy County Manager shall assume the County Representative’s duties. The services provided and products delivered by the Contractor under this Contract will be subject to review by the County’s Representatives, or a designee, for compliance with Contractor’s obligations prior to final payment. VI. Termination Prior to Expiration of Contract Term. The County has the right to terminate this Contract, with or without cause, by giving written notice to the Contractor of such termination and specifying the effective date thereof. Such notice shall be given at least ten (10) days before the effective date of such termination. In such event all finished or unfinished documents, data, studies and reports prepared by the Contractor pursuant to this Contract shall become the County’s property. Contractor shall be entitled to receive compensation in accordance with the Contract for any satisfactory work completed pursuant to the terms of this Contract prior to the date of termination. Notwithstanding the above, Contractor shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Contract by the Contractor. VII. Independent Contractor Status. A. The parties to this Contract intend that the relationship between them contemplated by the Contract is that of independent contractor. Contractor, and any agent, employee, or servant of Contractor shall not be deemed to be an employee, agent, or servant of Pitkin County. B. Contractor is not required to offer his services exclusively to Pitkin County under this Contract. Contractor may choose to work for other individuals or entities during the term of this Contract, provided that the basic services and deliverable products required under this Contract are submitted in the manner and on the schedule defined under this Contract. Contract # 017.24 Revision: 2023.12.15 CDD 3 C. Contractor warrants that all work produced will conform to all applicable industry standard of care, skill and diligence in the performance of Contractor’s obligations under this Contract. D. Contractor shall not attempt to oversee or supervise the work or actions of any Pitkin County employee, servant or agent in the course of completing work under this Contract. E. Contractor is not entitled to any Workers’ Compensation benefits through Pitkin County and is responsible for payment of any federal, state, FICA and other income taxes. VIII. Assignability. This Contract is not assignable by either party. Any use of subcontractors by the Contractor for performance of this Contract must be accepted in writing by the County. IX. Severability. In the event that any provision of this Contract shall be held to be invalid or unenforceable, the remaining provisions of this Contract shall remain valid and binding upon the parties hereto. X. Integration and Modification. A. This Contract represents the entire and integrated Contract between the County and the Contractor and supersedes all prior negotiations, representations, or contract, either written or oral. This Contract may be amended only by written contract signed by both the County and the Contractor. B. The County may, from time to time, request changes in the scope of services of the Contractor to be performed hereunder. Such changes, including the increase or decrease in the amount of the Contractor’s compensation, which are mutually agreed upon between the County and the Contractor, shall be in writing and upon execution shall become part of this Contract. XI. Indemnity. A. The Contractor agrees to indemnify, hold harmless and, not excluding the County's right to participate, defend the County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, volunteers, and any jurisdiction or agency issuing permits for any work included in the project, hereinafter referred to as indemnitee, from all suits and claims, including attorney's fees and cost of litigation, actions, loss, damage, expense, cost or claims of any character or any nature arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this Contract of indemnity applies. In consideration of the award of this Contract, the Contractor agrees to waive all Contract # 017.24 Revision: 2023.12.15 CDD 4 rights of subrogation against the County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. B. The Contractor further shall investigate, process, respond to, adjust, provide defense for and defend, pay or settle all claims, demands, or lawsuits related hereto at its sole expense and shall bear all other costs and expenses related thereto, even if the claim, demand or lawsuit is groundless, false or fraudulent. XII. Insurance. Contractor and subcontractors shall procure and maintain until all of their obligations have been discharged, including any warranty periods under this Contract are satisfied, insurance against claims for injury to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. The insurance requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. The policies shall include, or be endorsed to include, the following provision: On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project. A. Coverage and Limits of Insurance. Contractor shall provide coverage with limits of liability requirements provided that the coverage is written on a “following form” basis. 1) Statutory Workers’ Compensation: Colorado statutory minimums a. Policy shall contain a waiver of subrogation against the County. b. This requirement shall not apply when a contractor or subcontractor is exempt under Colorado Workers’ Compensation Act AND when such contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers’ Compensation) Statutory Contract # 017.24 Revision: 2023.12.15 CDD 5 Coverage B (Employers Liability) $ 500,000 $ 500,000 $ 500,000 2) Commercial General Liability – ISO 1CG 0001 form or equivalent. (With County named as an additional insured) Minimum Limits: General Aggregate $ 2,000,000 Products/Completed Operations Aggregate $ 2,000,000 Each Occurrence Limit $ 1,000,000 Personal/Advertising Injury $ 1,000,000 Fire Damage (Any One Fire) $ 50,000 Medical Payments (Any One Person) $ 5,000 Coverage to include:  Premises and Operations  Explosions, Collapse and Underground Hazards  Personal / Advertising Injury  Products / Completed Operations  Liability assumed under an Insured Contract (including defense costs assumed under contract)  Independent Contractors  Designated Construction Project(s) General Aggregate Limit, ISO CG 2503 (1997 Edition or equivalent)  Additional Insured—Owners, Lessees or Contractors Endorsement, ISO Form 2010 (2004 Edition or equivalent)  Additional Insured—Owners, Lessees or Contractors Endorsement, ISO CG 2037 (2004 Edition or equivalent)  The policy shall be endorsed to include the following additional insured language on the Additional Insured Endorsements specified above: “County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations”. 3) Auto Liability: Bodily injury and property damage for any owned, hired and non-owned vehicles used in the performance of this Contract. Minimum Limits: Statutory Coverage Bodily/Property Damage (Each Accident) $ 1,000,000 4) Special Coverages (check as appropriate and insert amount): Contract # 017.24 Revision: 2023.12.15 CDD 6 a. ☐ Performance Bond $ b. ☐ Professional Errors and Omissions c. ☐ Aircraft Liability d. ☐ Owner’s Protective e. ☐ Builder’s Risk f. ☐ Boiler and Machinery g. ☐ Loss of Use Insurance h. ☐ Pollution Liability i. ☐ Crime, including Employee Dishonesty Coverage, or Fidelity Bond B. Proof of Insurance: 1) Each insurance policy required by the insurance provisions of this Contract shall provide the required coverage and shall not be suspended, voided or canceled except after thirty (30) days prior written notice has been given to the County, except when cancellation is for non-payment of premium, then ten (10) days prior notice may be given. Such notice shall be emailed directly to Procurement@pitkincounty.com. If the insurance carrier will not provide the required notice, the Consultant/Contractor and or its insurance broker shall notify the County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days of receipt of insurers’ notification to that effect. Simultaneously with the Certificates of Insurance, the Contractor shall file with the Project Lead a certified statement as to claims pending against the required coverages, reserves established on account of such claims, defense costs expended and amounts remaining on policy limits. 2) In addition, these Certificates of Insurance shall contain the following clauses: a. The contractor’s insurance shall be primary and non-contributory with any insurance or self-insurance purchased by the County. b. The insurance companies issuing the policy or policies hereunder shall have no recourse against the County of Pitkin for payment of any premiums or for assessments under any form of policy. c. Any and all deductibles or self-insured retentions in the above- described insurance policies shall be assumed by and be for the amount of, and at the sole expense of the Contractor. d. Location of operations shall be: “all operations and locations at which work for the referenced Project is being done.” 3) Certificates of Insurance for all renewal policies shall be delivered to the County’s Representative at least fifteen (15) days prior to a policy’s expiration date except for any policy expiring on the expiration date of this Contract or thereafter. Contract # 017.24 Revision: 2023.12.15 CDD 7 4) The County reserves the right to request and receive a copy of any policy and any policy endorsement at any time during the term of this Contract. XIII. Exemptions and Preferences. All purchases of construction or building or any other materials for this Contract shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. Pitkin County is exempt from such taxes under registration numbers 98-02624 and 84-78000-5k. XIV. Records. The Contractor shall maintain comprehensive, complete and accurate books, records, and documents concerning its performance relating to this Contract for a period of three (3) years after final payment under the Contract and the County shall have the right within the three (3) year period to inspect and audit these books, records and documents, upon demand, in a reasonable manner and at reasonable times, for the purpose of determining, by accepted accounting and auditing standards, compliance with all provisions of the Contract and applicable law. XV. Contract Made in Colorado. The parties agree that this Contract was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. XVI. Attorney’s Fees. In the event that legal action is necessary to enforce any of the provisions of this Contract, the substantially prevailing party shall be entitled to its costs and reasonable attorney’s fees. XVII. Governmental Immunity. Contractor agrees and understands that Pitkin County is relying on and does not waive, by any provision of this Contract, the monetary limitations or terms (presently $150,000 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, 24-10-101, et seq., C.R.S., as from time to time amended, or otherwise available to Pitkin County or any of its officers, agents or employees. Further, nothing in this Contract shall be construed or interpreted to require or provide for indemnification of the Contractor by the County for any injury to any person or any property damage whatsoever which is caused by the negligence or other misconduct of the County or its agent or employees. XVIII. Current Year Obligations. The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall constitute only currently budgeted expenditures of Pitkin County. Pitkin County’s obligations under this Contract are subject to Pitkin County’s annual right to budget and appropriate the sums necessary to provide the services set forth herein. No provisions of the Contract shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond the then current fiscal year of Pitkin County. No provision of the Contract shall be Contract # 017.24 Revision: 2023.12.15 CDD 8 construed or interpreted as creating a multiple-fiscal year direct or indirect debt or other financial obligation of Pitkin County within the meaning of any constitutional or statutory debt limitation. This Contract shall not directly or indirectly obligate Pitkin County to make any payments beyond those appropriated for Pitkin County’s then current fiscal year. No provisions of this Contract shall be construed to pledge or create a lien on any class or source of Pitkin County’s moneys, nor shall any provision of this Contract restrict the future issuance of Pitkin County’s bonds or any obligations payable from any class or source of Pitkin County’s money. XIX. Notice. Any notice required or permitted under this Agreement shall be in writing and shall be provided by electronic delivery to the e-mail addresses set forth below and by one of the following methods 1) hand-delivery or 2) registered or certified mail, postage pre-paid to the mailing addresses set forth below. Each party by notice sent under this paragraph may change the address to which future notices should be sent. Electronic delivery of notices shall be considered delivered upon receipt of confirmation of delivery on the part of the sender. Nothing contained herein shall be construed to preclude personal service of any notice in the manner prescribed for personal service of a summons or other legal process. To Pitkin County: Rich Englehart 530 E. Main Street Aspen, CO 81611 Email: Rich.Englehart@PitkinCounty.com with copies to: Pitkin County Attorney’s Office 530 E. Main St., Suite #301 Aspen, Colorado 81611 Email: Attorney@pitkincounty.com To Contractor: Point Energy Innovations 220 Montgomery Street, Suite #321 San Francisco, CA 94104 Phone: (415) 663-6340 Email: Peter@PointEnergyInnovations.com Contract # 017.24 Revision: 2023.12.15 CDD 9 IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out herein above. POINT ENERGY INNOVATIONS ________________________________________________ !#VENDOR SIGNATURE#! Date PITKIN COUNTY, COLORADO _________________________________________________ !#DEPARTMENT REPRESENTATIVE#! Date Deputy County Manager Jan-17-2024 Rich Englehart Rami Moussa Managing Principal Jan-20-2024 Proposal for MEP Project Guidance ver. 3 for Library and HHS Electrification Projects Pitkin County, Colorado Point Energy Innovations www.pointenergyinnovations.com Presented to: Kara Silbernagel Rich Englehart Deputy County Managers Pitkin County kara.silbernagel@pitkincounty.com rich.englehart@pitkincounty.com Presented by: Peter Rumsey Alexis Karolides Point Energy Innovations peter@pointenergyinnovations.com alexis@pointenergyinnovations.com December 13th, 2023 bocc.con.017.24 Attachment A Point Energy Innovations is a nimble firm that has redefined the simple and cost effective delivery of high performance buildings with better health and comfort for the occupants and higher returns for building owners and developers. Firm Overview Point Energy Innovations (PEI) is an engineering firm with a mission and business model to drive building MEP systems to new levels of performance and cost effectiveness. We start with carefully selecting the best engineers from the top schools. Each team member is bright, creative and has exceptional communication skills. Because we have a small team, every project is given individual attention from a highly experienced principal. We are selective about which clients we work with and choose those who aspire to build the best buildings. Approach Overview Point Energy will provide oversight and project guidance for the Pitkin County Library and HHS electrification projects in Aspen, CO. We will assist in preparing an RFP, selecting a local consultant and giving guidance to the local consultant through the design and implementation phases of the project. We will help set up the RFP so that the selected team will examine cost effective options that might offer lower energy and construction costs than the current all electric resistance with electrical service upgrade option. Several options exist that could significantly lower cost as compared to the 100% electric boiler option recommended in the feasibility report. We will report directly to Pitkin County. We will work in a collaborative manner with Pitkin County staff and all of the design and construction team in order to find optimized solutions in the fastest manner possible. Peter Rumsey, PEI’s principal for this project, is a national leader in decarbonization design. He has worked on over 50 LEED Platinum buildings and is adjunct faculty at Stanford University where he teaches a course on building decarbonization. He will leverage his experience throughout the country and the Rocky Mountain Region to guide the team to the most cost effective electrification solution. He will help the team through any difficulties that might arise from this new way of providing heating and cooling for buildings. He will also leverage his many connections to HVAC manufacturers to help find the best equipment for the project. About Peter Rumsey Peter Rumsey, founder of Point Energy Innovations, stands at the forefront of low-energy, net-zero and decarbonization building innovation with over 40 years of distinguished 1 MEP Project Guidance for Pitkin County Library and HHS Electrification, Aspen, CO bocc.con.017.24 Attachment A experience. Based in San Francisco, his engineering expertise has contributed to 50 LEED platinum projects—the highest number by any engineer in the U.S. Renowned nationally and globally, he collaborates with top tech firms, government entities, educational institutions, and developers. Celebrated for his pioneering contributions, Peter has garnered accolades such as the Renewable Energy Innovator of the Year and ASHRAE’s Award of Engineering Excellence. A Stanford lecturer for over a decade, he’s also the visionary behind the Stanford Building Decarbonization Learning Accelerator, which equips academics with leading decarbonization insights and materials. Scope of Work Task 1 - RFP Scope and Review Process Before any other work is undertaken, Point Energy will review the previous Kimley Horn electrification studies. We will use that information in drafting the RFP scope. The RFP will most likely include the requirement to validate the options and costs in the study. More importantly the RFP will cover the design of the replacement systems. Point Energy will include criteria for success in the RFP scope. These criteria will include such things as temperatures, reliability and maintainability requirements. Point Energy will draft the RFP scope for the commissioning agent for the project. We will review and work with the county to come up with a separate scope for the commissioning. Once the RFPs have been finalized and sent out by county staff, Point Energy will participate in the review and selection of bidders for both the engineering design as well as the commissioning. Schedule:- 4 to 8 weeks Meetings:- Virtual as needed (possible one in person if Peter Rumsey is in Aspen in February) Deliverables:- Draft and final scope of work for MEP for RFP Task 2 - Design Review Assistance Once a team is selected Peter Rumsey will serve as technical advisor to the two projects. He will help with the onboarding of the engineering consultant. We assume that one consultant will be selected to design the two projects simultaneously. During the early stages of the design, he will review the proposed solutions. He will review the 100% SD and 100% DD documents. The final construction documents will be reviewed by the county. His review will be limited to the MEP portion of the project. Schedule:- 2 to 4 months Meetings:- Virtual as needed Deliverables:- Library Design Review comments at 100% SD and 100% DD - HHS Design Review comments at 100% SD and 100% DD 2 MEP Project Guidance for Pitkin County Library and HHS Electrification, Aspen, CO bocc.con.017.24 Attachment A Task 3 - Construction Technical Assistance During the construction phase, Peter and Point Energy will provide technical backup and assistance to the team when difficult decisions need to be made, substitutions reviewed and change orders evaluated. Generally the engineer of record will be able to handle most of the issues that arise. Point Energy will assist when the county and engineer need additional input. Towards the end of construction, Point Energy will review the commissioning report and deficiencies identified. We will participate in up to six meetings with the owners, design team and contractors when resolving these issues. Schedule:- throughout construction - 3 to 6 months Meetings:- Virtual meetings as needed Deliverables:- Memos on special issues as needed 3 MEP Project Guidance for Pitkin County Library and HHS Electrification, Aspen, CO bocc.con.017.24 Attachment A Assumptions Buildings and Areas Our scope is limited to the Pitkin Library and HHS buildings: ●Location: Aspen, CO ●Library Size: +/- 40,000 SF ●HHS Size: +/- 20,000 SF General Assumptions ●Point Energy will not be responsible for the engineering of the new building systems. ●The county will hire a team that includes MEP engineers, Acoustic Engineers and Structural engineers. An architect might be needed for roof screen issues. ●The project schedule is as described above ●The project will be commissioned by a third party commissioning agent ●This proposal assumes the project will not be certified to any voluntary standards including LEED ●In order to minimize costs, Peter Rumsey will be available for one person meeting or workshop during the project in the winter of 2024. He will coordinate this trip with another anticipated visit to Aspen so that the county does not have to pay travel or lodging costs. ●We assume that one consultant will be selected to design the two projects simultaneously. ●We assume that the RFP described in Task 1 will be one RFP for both buildings. ●We assume the project will be delivered in a design, bid, build fashion. Inclusions Mechanical, Plumbing ●New space heating system ●New Domestic Hot Water System Electrical, Lighting, Telecom and Data ●New electrical as needed to support new heating equipment Energy Efficiency ●Review of efficiency strategies that compliment building electrification. Exclusions General ●Construction documents; signing and stamping of any documents ●Work on buildings other than those described under “Buildings and Areas” above ●Cost estimating ●Commissioning other than oversight 4 MEP Project Guidance for Pitkin County Library and HHS Electrification, Aspen, CO bocc.con.017.24 Attachment A ●Code Compliance Calculations and/or Documentation ●Utility rebate calculations and coordination of rebates with local utility ●Revit or other design drawings Mechanical, Plumbing, and Fire Protection ●Detailed engineering for any systems Electrical, Lighting, Telecom and Data ●Detailed engineering for any electrical systems Fire Protection ●All fire protection LEED / other rating system ●All services for LEED Energy Modeling ●If needed the engineer of record will be responsible for all energy modeling. 5 MEP Project Guidance for Pitkin County Library and HHS Electrification, Aspen, CO bocc.con.017.24 Attachment A Fees All the following tasks are optional. The fees for the selected tasks will be billed as fixed fees. We do not anticipate any additional travel costs. This proposal is valid for only two weeks from the date on the cover page. Total Costs Fixed Fees Task 1: RFP Scope and Review Process $20,350 Task 2 - Design Review Assistance $14,755 Task 3 - Construction technical assistance $14,355 Total Cost $49,460 6 MEP Project Guidance for Pitkin County Library and HHS Electrification, Aspen, CO bocc.con.017.24 Attachment A Certificate Of Completion Envelope Id: 4EDC8D267DD5443C8266C9EB9B22369E Status: Completed Subject: Point Energy Innovations | Pitkin County Contract 017.24 for Review and Signature Source Envelope: Document Pages: 21 Signatures: 4 Envelope Originator: Certificate Pages: 5 Initials: 1 Pitkin County Procurement AutoNav: Enabled EnvelopeId Stamping: Disabled Time Zone: (UTC-07:00) Mountain Time (US & Canada) 530 East Main Street Suite 203 Aspen, CO 81611 Procurement@PitkinCounty.com IP Address: 65.38.144.66 Record Tracking Status: Original 1/17/2024 9:44:18 AM Holder: Pitkin County Procurement Procurement@PitkinCounty.com Location: DocuSign Signer Events Signature Timestamp Connie Baker connie.baker@pitkincounty.com Budget Director Pitkin County Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 65.38.144.66 Sent: 1/17/2024 9:48:36 AM Viewed: 1/17/2024 11:13:30 AM Signed: 1/17/2024 11:13:51 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Rich Englehart Rich.Englehart@PitkinCounty.com Deputy County Manager Pitkin County Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 65.38.144.66 Sent: 1/17/2024 11:13:52 AM Viewed: 1/17/2024 11:50:13 AM Signed: 1/17/2024 11:50:53 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Rami Moussa rami@pointenergyinnovations.com Managing Principal Point Energy Innovations Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 98.42.253.82 Sent: 1/17/2024 11:50:55 AM Resent: 1/19/2024 1:48:59 PM Viewed: 1/19/2024 1:50:33 PM Signed: 1/20/2024 4:36:54 PM Electronic Record and Signature Disclosure: Accepted: 1/19/2024 1:50:33 PM ID: 0039fb7f-b317-446e-bc72-6781fe3b307e Company Name: Pitkin County, Colorado Jon Peacock Jon.Peacock@PitkinCounty.com County Manager Pitkin County Security Level: Email, Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 73.3.253.100 Sent: 1/20/2024 4:36:56 PM Resent: 1/22/2024 2:54:29 PM Viewed: 1/23/2024 1:13:00 PM Signed: 1/23/2024 1:18:20 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Pitkin County Procurement procurement@pitkincounty.com Procurement Specialist Pitkin County Security Level: Email, Account Authentication (None) Sent: 1/23/2024 1:18:22 PM Resent: 1/23/2024 1:18:28 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Accounts Payable AP@pitkincounty.com Accounts Payable Pitkin County Security Level: Email, Account Authentication (None) Sent: 1/23/2024 1:18:23 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Kara Silbernagel kara.silbernagel@pitkincounty.com Deputy County Manager Pitkin County Colorado Security Level: Email, Account Authentication (None) Sent: 1/23/2024 1:18:23 PM Viewed: 1/23/2024 1:25:51 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 1/17/2024 9:48:36 AM Envelope Updated Security Checked 1/19/2024 1:48:58 PM Envelope Updated Security Checked 1/19/2024 1:48:58 PM Envelope Updated Security Checked 1/19/2024 1:48:58 PM Certified Delivered Security Checked 1/23/2024 1:13:00 PM Signing Complete Security Checked 1/23/2024 1:18:20 PM Completed Security Checked 1/23/2024 1:18:23 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Pitkin County (we, us or Pitkin County) may be required by law to provide you with certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically when we send you documents for electronic signature. Acknowledging your Access, Intent, and Consent to Receive and Sign Materials Electronically To confirm that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receive notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I agree' button below. By checking the 'I Agree' box, I confirm that:  I am establishing my intent to be bound to the transaction, and indicating that I am fully aware of the purpose for which the signature is being provided.  I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and  I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and  Until or unless I notify Pitkin County as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgments, and other documents that are required to be provided or made available to me by Pitkin County during the course of my relationship with you. Signing Documents without a Pitkin County DocuSign Account: Pitkin County may not require all document signers to be authorized users of the Pitkin County DocuSign Account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. When you don't have a DocuSign account, you will be provided the opportunity to agree to the Legal Disclosure each time you open an "envelope" for signing, at this time, you can download and retain this disclosure. Pitkin County will forward completed documents that you've reviewed, processed or signed via email. Should you require copies of these signed documents (e.g., if they get deleted from your email account) you should request those documents from Pitkin County under the Colorado Open Records Act by contacting the Pitkin County custodian who sent you the document for signature. Signing Documents with a Pitkin County DocuSign Account: Electronic Record and Signature Disclosure created on: 3/20/2020 3:28:13 PM Parties agreed to: Rami Moussa Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. Getting paper or electronic copies At any time, you may request from us a paper or electronic copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper or electronic copies of any such documents from our office to you, you may be charged a per-page fee. You may request delivery of such paper or electronic copies from us by following the procedure described below. Withdrawing your consent If you are an authorized DocuSign Account holder, you can decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. Described below is the process for informing us of your decision to receive future notices and disclosure in paper format and also how to withdraw your consent to receive notices and disclosures electronically. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign user account to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgments, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact Pitkin County: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to Helpdesk@provelocity.com To advise Pitkin County of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at Helpdesk@provelocity.com and in the body of such request you must state: your previous e-mail address, your new e-mail address . In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign. To request paper or electronic copies from Pitkin County To request delivery from us of paper or electronic copies of the notices and disclosures previously provided by us to you electronically, you should request those documents from Pitkin County under the Colorado Open Records Act by contacting the Pitkin County custodian who sent you the document for signature. To withdraw your consent with Pitkin County To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign account, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to Helpdesk@provelocity.com and in the body of such a request, you must state your e-mail, full name, Postal Address, telephone number, and account number.