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HomeMy WebLinkAboutCONTRACT WITH TRANE, INC. TO PROCEED WITH A PHASE I DETAILED INVESTMENT GRADE FACILITY ASSESSMENT TO EVALUATE AND ASSESS THE OVERALL CONDITION OF AUGUSTA, GA'S VARIOUS FACILITIES WHILE LOCATING AND RECOMMENDING ENERGY PERFORMANCE SAVINGS r r ,4 „,,,x, _it, _ .,,. Takiyah A.Douse,Director Central Services Department Facilities Division on G GEORGIA Lonnie Wimberly,Deputy Director 2760 Peach Orchard Road,Augusta GA 30906 Rick Acree,Project Manager (706)821-2426 Phone (706)799-5077 Fax July 1,2019 Trane 804 Trane Road Augusta, GA 30909 Attn: Alvaro Hernandez Comprehensive Solutions Sales Leader Trane is authorized to proceed with a detailed audit necessary to verify the data presented in the Request for Qualifications 18-164 dated March 20, 2018. The detailed audit is estimated to take 9 to 12 months to complete from the date of Trane's acceptance of this Letter of Commitment. Trane and Augusta, Georgia will enter into an Agreement within 90 days of the Final Proposal. In this event, the cost of the Detailed Audit will be included as part of the overall project. In order for Trane to perform the Detailed Audit,Augusta,Georgia agrees to provide to Trane the following: • Utility bills (i.e. electricity, gas, water) for the most recent 36 months and building information required to conduct the study; • Historical records for maintenance cost; • Access to the buildings and to facility and management personnel, and key decision makers, to enable Trane to better understand the facility operations and organizational goals that will help Trane optimize the effectiveness of the proposed project, as required to conduct the study; and • A scheduled time and location for a meeting for presentation of Trane's final proposal. All parties that will be involved in the decision-making process to proceed with a PACT Agreement will attend this meeting. Trane's Detailed Audit shall include, but not be limited to, investigating the following Energy Conservation Measures(ECM's): • Lighting Upgrades—interior and exterior • Humidity and/or indoor air quality improvements • Automation upgrades for temperature and lighting control • HVAC equipment upgrades • Solar thermal and solar PV applications • IT infrastructure energy saving technology • Water efficiency upgrades • Building envelope upgrades • Occupancy sensor technology • Plug load management technology • Roofing upgrades In addition to the ECM's, Trane's Detailed Audit will also include the following: • Pricing of each ECM will be presented by Trane as the General Contractor • Savings and/or efficiencies developed will be presented individually by ECM • Monthly progress meetings to be held in-person,as well as associated reports to be communicated electronically to Executive Leadership(as determined by ARC) • Executive summary on final audit report issued to Executive Leadership(as determined by ARC) Page 1 of 6 Central Services Department fXr_ Takiyah A.Douse,Director Facilities Division j--- R ( I 1 Lonnie Wimberly,Deputy Director 2760 Peach Orchard Road,Augusta GA 30906 '..------.-"-'4' Rick Acree,Project Manager (706)821-2426 Phone (706)799-5077 Fax The facilities and sites to be included in this Detailed Audit are attached. Please note that we have excluded several line items by striking thru the rows. As revised, Augusta, Georgia will pay a fee of$590,000 to Trane for services rendered and time invested in the Detailed Audit of City-County buildings.This fee will only be billed if we do not enter into an Agreement with Trane within the 90-day period after the Detailed Audit is complete. We will pay the fee to Trane within 30 days of the date of Trane's invoice. In the case where Trane materially breaches the terms and conditions of this agreement, then Augusta, Georgia will not be obligated to pay the fee for the Detailed Audit. Other agreement terms: 1. Reports and Information: Upon request, the Contractor shall furnish to Augusta a copy of the final Detailed Audit for use solely in connection with the evaluation of the Agreement. 2. Expertise of Contractor: Contractor accepts the relationship of trust and confidence established between it and Augusta, recognizing Augusta, Georgia's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement 3. Responsibility of Contractor and Indemnification of Augusta:The Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement.Contractor shall defend, indemnify and hold harmless Augusta, its officers, boards, commissions, elected officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages,losses,and expenses,including but not limited to,attorney's fees,to the extent the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, excluding the negligent act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against Augusta or any of its agents or employees,by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers'or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend Augusta, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. 4. Modifications:Augusta, Georgia reserves the right to order changes in the Work to be performed under exhibit"A" by altering, adding to, or deducting from the Work.All such changes shall be incorporated in written change orders executed by the Contractor and the Augusta, Georgia. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time.The parties will negotiate to reach an agreement. If an agreement cannot be reached, the original contract scope of work stands. 5. Confidentiality: The Contractor shall not disclose to anyone or any entity other than the designated Augusta, Georgia Staff any description or information concerning the work produced as a result of this AGREEMENT without written permission of Augusta, Georgia. Notwithstanding Page 2 of 6 Central Services Department Takiyah A.Douse,Director Facilities Division GEORGIA Lonnie Wimberly,Deputy Director 2760 Peach Orchard Road,Augusta GA 30906 Rick Acree,Project Manager (706)821-2426 Phone (706)799-5077 Fax the foregoing, the obligation to maintain information confidential shall not include(i) information 9 generally known to the public; (ii) information already known by the receiving party prior to its disclosure and (iii)information independently developed by a third party or(iv) information required to be disclosed pursuant to an order of a legal tribunal with jurisdiction. In addition, such information may be disclosed by Trane to its employees, agents, investors, subcontractors or advisors who require access to the confidential information on a need to know basis for the purposes contemplated by this Agreement. 6. Licenses, Certifications and Permits:The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, county, local boards, agencies, commissions,committees or other regulatory bodies in order to perform the services contracted for under this Agreement.All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals 7. TERMINATION: a. Augusta shall have the right to terminate this Agreement for any reason whatsoever by providing written notice thereof at least thirty (30) calendar days in advance of the termination date. The Contractor shall have the same right to terminate this Agreement, including but not limited to Augusta's failure to pay the Contractor within thirty(30) days of submitted invoice. b. Augusta shall also have the right to terminate this Agreement or any services noted herein for cause or other performance defect with thirty(30)days written notice to the Contractor. Augusta shall also have the right to terminate this Agreement or any services noted herein without cause should budgeted and/or grant funds not be available. c. In the event Augusta terminates this Agreement,Augusta agrees to pay Trane for the cost of the services performed up to the effective date of termination. 8. APPLICABLE LAW: If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement,the rule regulations,statutes and laws of the State of Georgia will control.Venue will be Augusta, Georgia. 9. Limitation on Liability: NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL(INCLUDING WITHOUT LIMITATION LOST REVENUE AND LOST PROFITS) OR PUNITIVE DAMAGES REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM BREACH OF CONTRACT,TORT OR ANY OTHER THEORY. Upon execution of an Agreement with Trane, or payment for the detailed energy study, whichever occurs first,Trane shall provide a copy of the Detailed Audit in its entirety to Augusta-Richmond County. Augusta-Richmond County Acceptgnce by T/ane By: q w _ By: / H-rdie Davis,Jr. `1-k>"(14, Steve Iflliclette 1 f M i' Its: Ray or �"� � �t,� : Its: VP and District General Manager Dated: 414' ©_ �, t„ Dated:Alf f 9$4 off I _, L .age 3 of 6 A kit((f 0‘41416T Central Services Department Takiyah A.Douse,Director Facilities Division G E 0 R t ] n Lonnie Wimberly,Deputy Director 2760 Peach Orchard Road,Augusta GA 30906 Rick Acree,Project Manager (706)821-2426 Phone (706)799-5077 Fax Building Address 1 911 Center 911 4th Street 2 AED Trafn Engineers 3 Street Lighting 1945 Eagles Way 4 Sign Shop AED 1815 Marvin Griffin Rd Building B 5 6000+Streetlights* Various Locations 6 ENG COMPANY#1 1 Broad St. 7 ENG COMPANY#10 1056 Alexander Dr. B _ _.,, - - ' -- _ = et. 1-899-Reyaelds-St 9 ENG COMPANY#12 1151 Hephzibah-McBean Rd 10 ENG COMPANY#15 1420 Flowing Wells Dr. 4-1- ■ - _ --- - - -° x-624--Bread St 12 ENG COMPANY#19 1600 Brown Rd 13 ENG COMPANY#4 1866 Ellis St 14 ENG COMPANY#8 and Charles Evans Center 1898 Highland Ave 15 ENG COMPANY#5 1898 Martin Luther King Jr 16 ENG COMPANY#11 2243 Old Savannah Rd 17 ENG COMPANY#6 2618 Richmond Hill Rd 18 ENG COMPANY#13 2619 Lumpkin Rd 19 ENG COMPANY#7 2917 Willis Foreman 20 Fire Admin 3117 Deans Bridge Rd 21 Augusta Fire Training Center 3125 Deans Bridge Road 22 ENG COMPANY#16 3446 Old Louisville Rd 23 ENG COMPANY#14 3507 Highway 88,BLYTHE 24 ENG COMPANY#9 3507 Walton Way Ext 25 ENG COMPANY#17 3705 Old Waynesboro Rd 26 ENG COMPANY#18 4185 Windsor Spring Rd 27 Animal Control 4150 Mack Lane 28 Diamond Lakes Library 101 Diamond Lakes Way 29 Wallace Branch Library 1237 Laney Walker Blvd 30 Friedman Branch Library 1447 Jackson Road 31 Maxwell Branch Library 1927 Lumpkin Road 32 Appleby Branch 2260 Walton Way 33 Augusta Richmond County Library 823 Telfair Street 34 Ma-Fine-Stem 1 5th St 35 Came J. Mays Community Center 302 Watkins Street 36 Boathouse(ARC Port Authority) 101 Riverfront Drive 37 Mer-Fy-Stmet-Craft-Shep 140 Merry St 38 McBean Community Center 1151 Hephzibah-McBean Rd 39 RiveFfreetWarina 1157 5th St 40 Doughty Park 1200 Nellieville Rd 41 Sue Reynolds Community Center 1345 Community Park Rd 42 Eisenhower Park 1488 Eisenhower Dr Page 4 of 6 Central Services Department 'I'akiyah A.Douse,Director Facilities Division G E" 0 R ( i A Lonnie Wimberly,Deputy Director 2760 Peach Orchard Road,Augusta GA 30906 Rick Acree,Project Manager (706)821-2426 Phone (706)799-5077 Fax 43 WT Johnson Center 1610 Hunter Street 44 Jones Park/Pool 1617 Holley Street 45 Fleming Tennis Center 1850 Chester Ave 47 Fleming Athletic Office 1915 Lumpkin Rd 48 Bernie Ward Community Center 1941 Lumpkin Rd 49 Recreation Dept Adm 2027 Lumpkin Rd 60 51 Julian Smith/Lake Olmstead Park 2205 Broad St 52 Henry Brigham Park/Center 2463 Golden Camp Rd 53 Sands Hill Community Center 2509 Mount Auburn St 54 Warren Rd Community Center 300 Warren Rd 55 May Park 302 Watkins Street(622 Fourth St) 56 Newman Tennis Center 3103 Wrightsboro Rd 57 Blythe Recreation Center 3129 Highway 88 58 Recreation Aquatic Center 3157 Damascus Rd 59 Mcduffie Woods Community Center 3431 Old McDuffie Rd 60 Diamond Lakes Regional Park 4335 Windsor Spring Rd 6-1- Magnolia-CemeteFy 702 3rd St 62 Augusta Commons/Riverwalk 836 Reynolds St 63 Dyess Park Recreation Center 902 James Brown Blvd 64 Augusta Soccer Park 3824 Maddox Rd 65 Jamestown Center 3647 Karleen Rd 66 Old Government House 432 Telfair St**Historic Downtown 67 Eastview Center 644 Aiken St 68 Gracewood Center 2309 Tobacco Rd 69 Hickman Park 965 Hickman Rd 70 Utilities-Metering 1832 Wylds Rd. 71 Utilities-Construction&Maintenance 1840 Wylds Rd. 72 Utilities-Facilities Maintenance 2822 Central Ave. 73 Utilities Main Office(AED Main Office) 452 Walker Street 74 Airport 1501 Aviation Way 75 €lest-Admin 76 Charles B Webster Detention Center 1941 Phinizy Rd 77 Sheriff Training Center 4330 Deans Bridge Rd __ - 2311 Tobacco Rd 79 Central Services 2760 Peach Orchard Road 80 CSD-FM Construction Shop 2760 Peach Orchard Road Bld B 81 North Precinct Dep.Substation 3425 Mike Padgett Hwy 82 Special Ops Precinct 3431 Mike Padgett Hwy 83 Sheriff Adm,Cid, Public Relations 400 Walton Way 84 Municipal Bldg. 535 Telfair St 85 Information Technology 535 Telfair St., Building 2000 Page 5 of 6 Central Services Department Takiyah A.Douse,Director Facilities Division GEORGIA Lonnie Wimberly,Deputy Director 2760 Peach Orchard Road,Augusta GA 30906 Rick Acree,Project Manager (706)821-2426 Phone (706)799-5077 Fax 86 Augusta Judicial Center 735 James Brown Blvd 87 Office Of The Public Defender 902 Greene Street 88 RR Annox 89 Law/Old Engineering 535 Telfair St, Bldg 3000 Page 6 of 6