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HomeMy WebLinkAboutresolution.council.035-08RESOLUTION # (Series of 2008) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO AND McCOY SALES CORPORATION SETTING FORTH THE TERMS AND CONDITIONS REGARDING THE PURCHASE AND INSTALLATION OF DIESEL EMISSIONS CONTROLS TECHNOLOGY FOR SIX CITY OF ASPEN IN-TOWN BUSES AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado, and McCoy Sales Corporation, a copy of which contract is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves that contract between the City of Aspen, Colorado and McCoy Sales Corporation regarding diesel emissions technology, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: ~~ ` ~ O~ Mic ae C. Irelan ,Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution ado ted by the City Council of the City of Aspen, Colorado, at a meeting he1dV ~ 1 Z~ ~ z~ /l./'c-iC~- Ka n S. K ch, City Clerk AGREEMENT FOR PROFESSIONAL SERVICES This Agreement made and entered on the date hereinafter stated, between the CITY OF ASPEN, Colorado, ("City") and McCoy Sales Corporation, ("Professional"). For and in consideration of the mutual covenants contained herein, the parties agree as follows: Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit "A" attached hereto and by this reference incorporated herein. Completion. Professional shall commence work immediately upon receipt of a written Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent with professional skill and care and the orderly progress of the Work in a timely manner. The parties anticipate that all work pursuant to the first installation outlined in Exhibit "A" shall be completed no later than June 20, 2008. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions and For approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the Professional. Payment. In consideration of the work performed, City shall pay Professional on a time and expense basis for all work performed. The hourly rates for work performed by Professional shall not exceed those hourly rates set forth at Exhibit "B" appended hereto. Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed $42,423.00. Professional shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they are considered incorrect or untimely, the City shall review the matter with Professional within ten days from receipt of the Professional's bill. Non-Assignability. Both parties recognize that this contract is one for personal services and cannot be transferred, assigned, or sublet by either party without prior written consent of the other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or obligations under this agreement. Professional shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of any subcontractors officers, agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which may be due to any sub-contractor. Termination. The Professional or the City may terminate this Agreement, without specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying the effective date of the termination. No fees shall be earned after the effective date of the termination. Upon any termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other material prepazed by the Professional pursuant to this Agreement shall become the property of the City. Notwithstanding the above, Professional shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Professional, and the City may withhold any payments to the Professional for the purposes of set-off until such time as the exact amount of damages due the City from the Professional may be determined. Covenant Against Contingent Fees. The Professional wan•ants that s/he has not employed or retained any company or person, other than a bona fide employee working for the Professional, to solicit or secure this contract, that s/he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts or any other consideration contingent upon or resulting from the award or making of this contract. 2 Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work aze under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontractors during the performance of this contract. Professional shall indemnify City against all liability and lass in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional, or which arises out of any workmen's compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act, omission, or other fault ofthe City, its officers, or employees. 3 Professional's Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. (b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims- made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Workers' Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease -each employee. Evidence of qualified self-insured status may be substituted for the Workers' Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interests provision. (iii) Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,00- 0.00) aggregate with respect to each Professional's owned, hired and non-owned vehicles assigned to or used in performance of the Scope of Work. The policy shall contain a severability of interests provision. If the Professional has no owned automobiles, the requirements of this Section shall be met by each employee of the Professional providing services to the City under this contract. (iv) Professional Liability insurance with the minimum limits of ONE MILLION DOLLARS ($1,000,000) each claim and ONE MILLION DOLLARS ($1,000,000) aggregate. 4 (c) The policy or policies required above shall be endorsed to include the City and the City's officers and employees as additional insureds. Every policy required above shall be primary insur- ance, and any insurance carried by the City, its officers or employees, or carved by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of insurance provided by the City shall be completed by the Professional's insurance agent as evidence that policies providing the required coverages, condi- tions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certifi- cate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City. (e) Failure on the part of the Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. 5 City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA PropeRy/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Finance Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. Notice. Any written notices as called for herein may be hand delivered to the respective persons and/or addresses listed below or mailed by certified mail return receipt requested, to: City: City Manager City of Aspen 130 South Galena Street Aspen, Colorado 81611 Professional: Mike Weadley McCoy Sales Corporation Louisville, CO 80027 Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Professional agrees to meet all of the requirements of City's municipal code, Section 13-98, pertaining to non-discrimination in employment. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Professional to which the same may apply and, until complete performance by Professional of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. Execution of Agreement by City. This agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwith- standing anything to the contrary contained herein, this agreement shall not be binding upon the City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his 6 absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a duly authorized official in his absence) to execute the same. 16. Illegal Aliens -CRS 8-17.5-101 & 24-76.5-101. a. Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added new statutes relating to the employment of and contracting with illegal aliens. These new Taws prohibit all state agencies and political subdivisions, including the City of Aspen, from knowingly hiring an illegal alien to perform work under a contract, or to knowingly contract with a subcontractor who knowingly hires with an illegal alien to perform work under the contract. The new laws also require that all contracts for services include certain specific language as set forth in the statutes. The following terms and conditions have been designed to comply with the requirements of this new law. b. Definitions. The following terms are defined in the new law and by this reference are incorporated herein and in any contract for services entered into with the City of Aspen. "Basic Pilot Program" means the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is administered by the United States Department of Homeland Security. "Public Contract for Services" means this Agreement. "Services" means the furnishing of labor, time, or effort by a Contractor or a subcontractor not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. By signing this document, Professional certifies and represents that at this time: (i) Professional shall confirm the employment eligibility of all employees who are newly hired for employment in the United States; and (ii) Professional has participated or attempted to participate in the Basic Pilot Program in order to verify that new employees are not employ illegal aliens. d. Professional hereby confirms that: (i) Professional shall not knowingly employ or contract new employees without confirming the employment eligibility of all such employees hired for employment in the United States under the Public Contract for Services. 7 (ii) Professional shall not enter into a contract with a subcontractor that fails to confirm to the Professional that the subcontractor shall not knowingly hire new employees without confirming their employment eligibility for employment in the United States under the Public Contract for Services. (iii) Professional has verified or has attempted to verify through participation in the Federal Basic Pilot Program that Professional does not employ any new employees who are not eligible for employment in the United States; and if Professional has not been accepted into the Federal Basic Pilot Program prior to entering into the Public Contract for Services, Professional shall forthwith apply to participate in the Federal Basic Pilot Program and shall in writing verify such application within five (5) days of the date of the Public Contract. Professional shall continue to apply to participate in the Federal Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Professional is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Federal Basic Pilot Program is discontinued. (iv) Professional shall not use the Basic Pilot Program procedures to undertake pre-employment screening of job applicants while the Public Contract for Services is being performed. (v) If Professional obtains actual knowledge that a subcontractor performing work under the Public Contract for Services knowingly employs or contracts with anew employee who is an illegal alien, Professional shall: (I) Notify such subcontractor and the City of Aspen within three days that Professional has actual knowledge that the subcontractor has newly employed or contracted with an illegal alien; and (2) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the new employee who is an illegal alien; except that Professional shall not terminate the Public Contract for Services with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. (vi) Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. 8 (vii) If Professional violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-]02, C.R.S. the City of Aspen may terminate the Public Contract for Services. If the Public Contract for Services is so terminated, Contractor shall be liable for actual and consequential damages to the City of Aspen arising out of Professional's violation of Subsection 8-17.5-102, C.R.S. (ix) If Professional operates as a sole proprietor, Professional hereby swears or affirms under penalty of perjury that the Professional (1) is a citizen of the United States or otherwise lawfully present in the United States pursuant to federal law,(2) shall comply with the provisions of CRS 24-76.5-101 et seg., and (3) shall produce one of the forms of identification required by CRS 24-76.5-103 prior to the effective date of this Agreement. 17. General Terms. (a) It is agreed that neither this agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. (b) If any of the provisions of this agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. (c) The parties acknowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. (d) This agreement shall be governed by the laws of the State of Colorado as from time to time in effect. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three copies each of which shall be deemed an original on the date hereinafter written. [SIGNATURES ON FOLLOWING PAGE) 9 ATTESTED BY: WITNESSED BY~ ° C~~~,J _ C~C ~~Y~ ~~-da-~U~ CITY OF ASPEN, COLO~RADO:~ Title: ~~~tifi]i <C~ (~~G -~,~~ Date: ~~ PROFESSIONAL: McCoy Sales Corporation By: ~--~~ Title: Vice President Date: 4-22-0~ 10 EXHIBIT "A" to Professional Services Agreement Scope of Work The City of Aspen and RFTA Diesel Retrofit CMAQ Project Introduction The City of Aspen, in conjunction with the Roaring Fork Transportation Authority (RFTA), in this project seeks to install EPA or CARB Level 1 verified retrofit equipment (Technical Specifications) proper to the application for six (6) 2001 Neoplan AN 435E transit buses with McCoy Sales Corporation (McCoy). This project operates within the framework of a federally funded project, overseen by the Colorado Department of Transportation (CDOT) and implemented at the local government level. The City of Aspen's expectation is that the Vendor be flexible to accomplish the program goals. Project Description and Goals The intent of this project is to: Replace the current Diesel Oxidation Catalysts (DOCs) with Diesel Particulate Filters (DPFs) and, Install Closed Crankcase Ventilation (CCVs) or Filter Systems (CCFs) on all six units. The main goals of this project are to achieve the following: Reduce emissions of criteria air pollutants (particulate matter, hydrocarbons, and carbon monoxide with the priority being particulate matter) by 60% to 90% for the City of Aspen's in-town bus fleet in order to protect the health of the general public and vehicle operators. Provide a demonstration to private diesel fleet owners on diesel retrofit technology. Build acceptance and interest in diesel retrofit technologies. All DPFs must be listed on EPA's Verified Technologv List (htto //www eoa.govlotaa/retrofit/retroverifiedlist.htm). CCVs/CCFs are to be listed as part of combination technology on EPA's or CARB's Verified Technology List. Program funding at this time is up to $48,000, with $42,423 from City of Aspen with assistance from CMAQ funding and $5,578 from the Roaring Fork Transportation Authority (RFTA). The City of Aspen contract will cover costs up to $42,423 with the project continuing via written agreement between McCoy and RFTA to complete the project. This total budget shall provide sufficient funding to allow six DPFs and six CCVs/CCFs. Background Operating Conditions The vehicles for this retrofit operate on a Central Business District or CBD Duty Cycle. There are numerous stops and top speeds rarely exceed 30 MPH. Based on information downloaded from Cummins "Insite,° average speed of these buses range between 9 MPH and 13 MPH. Aspen is located at 8000 feet above sea level. Winter average low temperatures hover around 6F-10F but may drop as low a -30F. Summer highs generally range around 85F-90F. The vehicles operate on relatively flat terrain, but due encounter short grades around town. Noise levels from the buses are a critical issue. Any new exhaust equipment should not result in an increase noise level. Pre and post retrofit noise testing will be done. 11 Eauioment Six (6) 2001 Neoplan AN 435E transit buses. All six buses were manufactured at the same time and no major modifications have been done since delivery. Each is equipped with a Cummins ISC 280 model engine; Family ISEXH0505CAM; Cat# 27112: Representative Serial # 46104490. Technical Specifications The equipment specifications below are for technologies designed specifically to reduce emissions from heavy-duty diesel vehicles. The technologies obtained through this RFP must meet or exceed the requirements of the specifications listed below. The DPF and CCV/CCF technologies may be installed in the following configurations: • EPA/CARB verified DPFs only or • EPA/CARB verified DPF with CCV/CCF CCVs/CCFs may be installed on some unverified applications to complete the combinations. For unverified combinations of devices, emissions benefit data will not only be considered for the DPF portion. Diesel Particulate Filters • Must be EPA or GARB verified; • Shall be proper technology for the application; • The DPF must be approved for use on the application by the engine manufacturer; • Unit is required to operate with on-road engines • At a minimum must operate on 1997 and newer engines; • Shall be manufactured from 16 gauge 409 stainless steel or better; • Welding shall be 409 stainless steel or better; • Applicant shall demonstrate verifiable experience with installation of device in the USA; • Vendor shall guarantee equipment to the end user for a minimum of 3 years/150,000 miles including installation related issues; • Vendor must be available to provide installation and maintenance training; • Must have replacement components readily available; and • Must respond to service requests at fleet facility within 48 hours. Closed Crankcase Filtration • Must be a component in an EPA or CARB verified combination with a DOC or DPF; • Shall be proper technology for the application; • Must be designed to handle crankcase flow rates of the Neoplan bus; • Eliminate crankcase blow-by emissions from crankcase through a closed loop system; • Minimum 400-hour filter life; • Since the blow-by flow rate of a worn engine is generally double the flow rate when an engine is new, flow testing, pressure testing or other procedures must be provided to ensure retrofitted engines are good candidates for CCV/CCF; • Vendor shall guarantee equipment to the end user for a minimum of 3 years/150,000 miles including installation related issues; • Vendor must be available to provide installation and maintenance training; • Must have replacement components readily available; and • Must respond to service requests at fleet facility within 48 hours. Product Verification (1) Emissions Benefits: Vendor shall supply the EPA/CARB verified and listed emissions benefits for devices. Only emissions reductions levels listed by EPA or CARB will be considered. (2) Experience: Vendor shall demonstrate successful experience with the equipment in the USA through written studies or letters of support from fleet operators or government entities (cost borne by vendor). (3) Warranty: Vendor shall supply written warranty to verify warranty coverege. 12 Servicing (1) Monitor installation, including but not limited to bracketing, welds, seals and backpressure of devices (2) Technical SupporUServicing: If technical problems are encountered after installation of devices, vendors must respond to service requests within 48 hours and diagnose the problem. Retrofit Planning McCoy will recommend the proper equipment for the application to be installed on each vehicle based upon performance, cost, availability, effect of retrofitting on the engine manufacturer's warranty and reliability. McCoy shall identify the specHic components of the recommended emissions control system including emission control device, diagnostic equipment, monitoring and warning equipment and installation fixtures as appropriate. McCoy shall understand the original engine manufacturers' "recommended installation instructions" for any retrofit to be installed to ensure the warranty remains in effect. McCoy shall develop the retrofit installation plan in conjunction with the City of Aspen and RFTA. The Retrofit Plan shall include the first installation to be installed by McCoy and ECS (manufacturer) with support from RFTA mechanics, by June 20, 2008. After the first installation, an "Installation Kit" will be developed in a timely fashion by McCoy and ECS for RFTA mechanics to use in the remainder five installations. Installation, Invoicing and Meetings This task incorporates an ongoing set of program processes that include installation, invoicing and meetings. Installation McCoy will coordinate the installation of the retrofit equipment on the first bus with RFTA. The installation of this first bus will be conducted no later than June 20, 2008. The City of Aspen will purchase the approved retrofit equipment that includes, but is not limited to, diesel particulate filters and closed crankcase ventilationffiltration units and filters for the total amount not to exceed $42,423. RFTA and McCoy will work together to install retrofit equipment on buses. McCoy is responsible for the initial install and it may take place off-hours and on weekends depending on fleet operations as determined by RFTA. Invoicing Invoicing is allowed only once per month under CDOT guidelines. The Vendor will work with RFTA to install the first piece of equipment by no later than June 20, 2008. The Vendor will then compile the installation invoices onto the City of Aspen summary invoice template for submittal to the City of Aspen. McCoy will work with the City of Aspen and RFTA to ensure program invoicing and papervvork is timely and clear. CDOT will then review the submittals and issue payment. Once payment is received from CDOT to the City of Aspen, the City of Aspen will reimburse McCoy. Reports Upon completion of installations, if required, McCoy shall prepare a written report detailing the maintenance procedures and schedule to maintain the category of retrofitted equipment in peak operating condition to maximize emissions reductions. McCoy shall be required to respond to any maintenance calls within 48 hours to diagnose any problems with the installation or operation of the retrofit equipment. Outreach McCoy is required to be a part of outreach efforts to educate other diesel fleet owners about diesel emissions control technology. The Vendor shall provide materials and participate in outreach for a year after the installation. 13 Program Evaluation A program evaluation will be developed upon project completion to determine if the program goals were met. RFTA will document their use of the retrofit technology including technical successes and/or problems experienced. City of Aspen staff, RFTA and McCoy will use this data to develop a final report for CDOT and Aspen City Council and other organizations that are interested in developing retrofit programs. The following pages from McCoy's RFP application are included in this Scope of Work. 14 action 1 -Introduction McCoy Sales Corporation (McCoy) proposes to provide the City of Aspen (Aspen) and the Roaring Fork Transit Authority (RFTA) wkh emission reduction diesel retrofit equipment, Diesel Particulate Fikers (DPF) and Closed Crankcase Ventilation (CCV) devices that are EPA and CARB Level 3 verified (see Technical Spermcations). The devices offered are proper to the application for six (6) 2001 Neoplan AN 435E transk buses. McCoy will be flexible &~ assisting in the accomplishment of the program goals. McCoy has been a distributor of heating and cooling components and systems since the 1940's. McCoy's Fluid Power Division is a full-service distributor, fabricator and service organization which has been active and growing in the State of Colorado for over twenty years. The DPF's offered by McCoy are manufactured by Engine Control Systems (ECS) and the CCV's are manufactured by the Racor Division of Parker Hannifin Corporation (Racor), but marketed and supported by ECS. Project Description and Goals McCoy's intent on this project is to: • Supply DPFs, verified by EPA to reduce PM by a minimum of 90°k ,hydrocarbons by 85% and CO by 75%, to replace the current Diesel Oxidation Catalysts (DOCs) and, • Add CCVs on all six units. • Intali all supplied components, assist RFTA personnel in installations, provide instruction to RFT personnel in proper installation, or provide whatever level of assistance may be requested by RFTA. • Provide training of RFTA techniaans in the proper maintenance of the retrofit equipment and offer periodic follow-up to assure effective performance of retrofrt equipment. The main goals of this project are to achieve the following: • Reduce emissions of criteria air pollutants (particulate matter, hydrocarbons, and carbon monoxide with the priority being particulate matter) by 00% to 90% for the City of Aapen's in-town bus fleet in order to protect the heakh of the general public and vehicle operators. The use of ECS products will assure meeting or exceeding the upper limit of this goal. • Provide a demonstration to private diesel fleet owners on diesel retrofit technology. Build acceptance and interest in diesel retrofit technologies. McCoy will be pleased to assist in a final evaluation process to document the use and effectiveness of the retrofit technology including technical successes and/or problems experienced. McCoy is very proud of the capabilities that they can offer Aspen / RFTA: McCoy's local service -Mobile Techa available 2417 to work wherever customers' equipment is down ECS excellence in product engineering, fabrication, and on-site service- o Direct fit replacements saving install tkne and money o Twenty-froe years experience in the most demanding retrofit and aftertnarket applications o More EPA aril CARB Verifications than any other emission reduction diesel retrofit supplier o Experienced fuiltime Field Service Technicians for application and installation assistance o Consistently the most cost eNective supplier Racor Division of Parker Hannifin - Racor's CCV's are used by a who's-who of engine manufacturers, are covered by multip~ patents, are truly "dosed-loop", and ere extremely cost effective. The T~ of McCoy Sales as distributor and ECS as manufacturer, offers RFTA the highest level of experience available in Colorado today, even though we are aware that there are other dfstributors. operating individually, with more experience retrofitting emission reduction devices over the last 4-5 years. We can document that McCoy/ECS can offer the following: Technologicalty advanced, cost effective products from ECS and Racor, McCoys hard-working, experienced local service, ECS cost effective products, knowledgeable application engineering team, and technically competent on-site field service personnel. All together McCoy gives Aspen / RFTA a team they can work with con£xfently. Together, we will provide an effective emission reduction project whose results will be apparent to the community of Aspen. Completion of the Project will be accomplished in a timely manner, will make the best use of the resources at hand, and will show dear, beneficial results -things of which the Aspen / RFTA team can be justifiably proud. Operating Conditions McCoy and ECS have read and understood the operating conditions listed in the RFP. Suitability of McCov's Retrofit Offerino The operating conditions and equipment specifications outlined above should allow for effective operation of the DPF's provided by McCoy with a recommended minimum deaning interval of twetye (12j months. To provide suffident assurance that sound performance would resuk, data acquisition devices will need to be installed on three of the subject buses. These devices will record engine temperature profiles through a normal CBD Duty Cyde. If temperature profiling shows that sound performance would not resuR from the spedfied DPF's, ECS will be able to offer altematrve technology. §,ection 3 Technical Soeciflcatlons The technologies offered by McCoy through this Proposal all meet or exceed the requirements of the specifications listed below. For unverified combinations of devices, emissions benefit data will only apply to the Diesel Particulate Finer. Diesel Particulate Fitters tDPF) McCoy's DPF offering mats or exceeds all of the listed specifications. There is one erroneous specification listed that is not applicable: "The DPF must be approved for use on the application by the engine manufacturer.' Verification of retroftt devices on specific engines is provided by EPA, not the engine manufacturer. RAQC has removed this specification from more recent RFP's. Verification of this change is available through Steve McCannon, Project Manager at RAOC - (303~2g-5450 or email at smccannon(a3ragc.org. Closed Cankcase Flltraflon (CCV) McCoy's CCV offering meets or exceeds all of the listed specifications. There is the one erroneous spec cation that is the same as that listed above. McCoy's offering exceeds the following specifications: . The requirement that crankcase blow-by emissions be eliminated through a "cased loop system"applies to McCoy's offering. A CCF manufactured by Donaldson, however, includes a pressure relief valve installed befiaeen the crenkcese and the CCF. it vents to atmosphere when pressure d'rfferential across the filter reaches a maximum. Obviously, the ECS CCV, which absolutely does not vent to atmosphere under any circumstances, exceeds the "closed- loop" specification as interpreted by Donaldson. Minimum 40!>-hour filter life"• The ECS filter Iffe, as verified by EPA, is 750 hours or every second odi change. Flow testing, pressure testing or other procedures must be provided to ensure retrofitted engines are good candidates /or CCV':• o This is the requirement of one CCF manufacturer, but tt is not an EPA requirement, nor is it a recognized industry standard. o Paying an extra fee to a Vendor for blow-by testing is a needless expense. o Racor, the CCV manufacturer, is aware that the blow-by flow rate of a worn engine could be double that of a new engine. That is why Racor retes CCV's based on the new engine horsepower, but albws for the higher blow- by flow rates likely at the time of engine failure. o Racor's CCV has a proprietary pop-up indicator that will alert technicians to change the filter element. tt would also indicate excess flow in the unlikely event tt should occur. 11 Product Verification To avoid any confusion about the EPA-approved method for comparing reroft technology emission reductions, see the following letter from the EPA to ECS' Regulatory Affairs Manager, Kevin Brown, sent May 2007 (I have emphasized important items): From: Johnson.Dennis(~epamail.epa.gov Sent Wednesday, May 02, 2007 3:00 PM To: Brovm, Kevin Cc: Blulteugh.Jim(~epamail.epa.gov Subject Verified Levels for Retrofit Technologies Dear Mr. Brown, This note is to follow-upon our conversation yesterday regetding emission reductions verified by EPA for retrofit technologies employed under the National Chen Diesel Campaign tNCI)C). As we discussed, we will be following up with guidance to all verified teclnology manufacturats, but in the meantime I wanted to outline the important points that should bo clearly understood by all retrofit technology manufacturers, as wallas fleet ownera/operators, considering building diesel retrofit projects. I have provided similar guidance to EPA's regioml representatives working with the NCDC and in other public presentations in the past. For federally-funded (and most stato-finded) competitive programs, only the EPA or ARB verified levels should be ~nsidered in evaluating the emission reduction effectiveness of technologies. (/ a technoloev is verified on a ,gpg~'f+ s el orl jy vgrj~?I~d levels associated with that lael should be considered (my emphasis) when comparing the emission reduction effectiveness. For techrroloffi¢s verified byARB. o the aoplrcable level should be considered (mv emphasis) and only the specified engine families are considered appropriate for a verified installation. For technologies vorified by EPA, the specified levels on our Verified Technology List rosy be considered for the specific technology. For competitive bid purposes, if a manufacttaer has multiple technologies on EPA's list, the manufactuer should proposa specific dev9ces, or tllg,lleet should assume the minimum level 'reduction for the acTrrrer's technolo¢v (my emphasis) options. Additionalty, when a competry -other than the manufacturer specified on the verified technology list - proposes to supply vorifiad retrofit products, that company should clearly specify what verified product(s) will be provided. This is typically described as a clear link to tho verified tednology list. If you have any further questions, please let me know. Sincerely, Dennis Johnson Dennis Johnson, Team Leader Retrofit Technology Verification Team National Clean Diesel Campaign U.S. EPA Phone:202-343-9278 Fax:202-343-2804 12 Emissbns Benefits: FC`S hAs more Verified Products than env other Retrofit Technolooy manufacturer. EPA verifmd and listed emissions benefits for DPF's, trade-named Purtfl-ter are below. (There are no EPA or CARB Verifications of CCV's or CCF's except fn combination with Damsel Oxygen Catalysts). Source: httolMnvw eve vov/otaa/retrofMechtist-ecs htrMlouritflter Engine Control System's Purifilter Verification Letter(PDF) 2 STOK,November2003 I i . ____.. ~ - ~ - _ _ e i Retrofit Reductions (/e) t Technology i En a ModeVApplication motel Max ( i l Sulfur pM CO NO: i IiC i ~ m i ~ ~Pttn5lter, ~- _ Highway Heary Heavy- i ~ (passive Duty. Medtum Heavy-Duty, '' jregenerating ~ UtbanBus; 4 cycle; mode] i IS 90 i 75 n/e g5 diesel I years 1994 - 2003; particulate filter turbochazged of naturally ~ ; I aspirated; non-EOR engines ~ I t -Baseline assumes an unmodified engiue running on regulaz 2D (<500 ppm sulfur) fuel. The following operating criteria must be met in order for appropriately retrofitted engines to achieve the above emissions reductions: 1. The engine exhaust temverat+~re mtkst be at least Lnv° c for at yeast t~ io o~ the appucaore duty cycle (my emphasis). (As there may be significant variations fiom application to application, ECS will review actual vehicle operating conditions and perform temperature data-logging prior to retrofitting a vehicle with their PM filter system to ensure compatibility J 2. 'the engine should be well maintained and not consume lubricating oil at a rate greater than that specified by the engine manufacturer. 3. ECS installs aback-pressure monitor and malfunction indicator light on all vehicles equipped with a Purifiltcr. 4. The engine must be operated with a fuel that contains a sulfur content of no more than 15 ppm to achieve Ute redactions listed above. t -Baseline assumes an unmodified engine Homing on fuel with sulfur content of 30 ppm or less. a -Total PM reduction figures reflect reductions from both tailpipe and crankcase emissions. 13 CARB Verbcations are below. They are much less definitive than EPA's since they do not offer specific percentages of emission removal efficiency, but fit all technologies into one of Three Levels baaed on Particulate Matter (PM) reductions. A Manufacturer may Level 1 is for those technologies achieving at Isast 25 Dercent or greater reduction in particulate matter. Loral 2 is for those technoogies achieving at least 50 percent or greater reduction in particulate matter. Level 3 is for those technobgies achieving at least 85 oerceM or greater reduction in particulate matter. CARE Currently Verified Engine Control Systems Products Source: http:/Nnvw.arb.ca.govfdieaelNerdevNt/cvLhtm 7be following information b prcvktsd as a wmmary of veriged dlesN smksbn control strotegku. Additlowl roqul-erneMs specific to engine compatlbilky aro provided M the lxscutWe Order. The hctoro outlimd M the Executive OMer are kpal roquiroments of sseh vsrifkation; thareforo, these corulkbw moat bs met NNoro determining K a psrtlwler dwk:s Y applicable to the end-were type of engine. The AIr Resources Board recommends that yw contact the mmufacturer, w their aufhorixed dbMbutor, pdw to making any purchasing decision. Please click on the manufaeturor Ifnk for eddldonef information. Pha (+) designates these systems as wmpliaM with 2009 N02 requfroments. ontrol Svstem (Law Load) '+ I DPF j 85% ~ ~ ~ ~ WA t 19942004 on-road;CARB diesel; biodleael' _~ ontrol Svstem ..._-`----__...._ DPF ~ 85% I j IC . ....._..--_.._._._.. WA .- . . 1993-2008 orrroad; CARB (High Lead) j ~ j I dM;sei; l~iodleael.' ontrol Svstem + j DPF ~ 85% ~ WA X 2007 or dder off-road; CARB =~ I ~ ~ diesel: t4odieael.• 14 Warranty: Vendor shall supply written warranty to verify warranty coverage. Engine Control Systems WARRANTY PQLICY E7A7.B US &PA Volwrtarv Rdrolrt Program - 4 Years $chedak EPAl ECS offers passive diosal particulate filter warranty when the application has been "approved" after submittal of a completed qualification form (ECS ISO form F7AG.A). Contact ECS for copies of the form prior to system purchase. A completed warranty card must be also completed and submitted within 30 days of installation. Failure to submit the warranty card may result in warranty coverago being revoked. Each vehicle equipped with sn ECS Purifiher is to have the ECS supplied Backpressme Monitor Kit installed and functional. Failure to maintain a functioning Backptessure Monitor may result in warramy claim being denied. A Purifilterra DPF centerbody shall be categorized as "failed" when the tail pipe smoke opacity measures above 40% of the engine out opacity reading and the moasured pressure drop across the filter drops to 70°h of tho baseline recorded value at high idle. ECS may request zhe following to support warranty claims; • Fuel samples taken from the vehicle foal tank • Engine oil samples • Inspection of the vehicle by ECS personnel at ECS expense. For ECS AZ Purifiers and Ptuimufflers used either alone or in combination with the crankcase vwrtilatioa filter system (CCV~), a completed warranty card must be received within 30 days of installation. Failure to submit a fully completed warranty card may void your warranty. RCS Pmduds verified under the US EPA Voluntary Retrofit Program are warranted for workmanship, defects of material and performance for the periods specified below: Far On-road applications • For vehicles with GV WR of at least 19,500 !bs and engines rated above 250 hp - 4 yeah: or 150,000 miles, whichever may comp first • For vehicles with GV WR of at least 19,500 lbs and engines rated 250 hp and lower - 4 years or 100,000 miles, whichever may come first • For vehicles with GV WR less than 19,500 Ibs - 4 years or 6D,000 miles, whichever may come fast For Off-road applications above 50 hp • 4 years or 4,200 engine hours, whichever may come first 15 EXHIBIT "B" to Professional Services Agreement Rate Schedule Upon any termination, all finished or unfinished equipment purchased by McCoy Sales pursuant to this Agreement shall become the property of the City. Such equipment, if not already in the City's possession, shall be delivered to the City per terms of this agreement, and the City shall pay McCoy Sales for such equipment at prices not to exceed those in Exhibit B. 22 Ht9ctlon 8 Cost Raauirements Pricing Form - Equlpmant Cost par Unk (Including software or non-unh trams) Type a Cost of Insts11s6on Testlng MMo. "PM Cost Taal Equipment EgWpmartt Cost Cost CosC Effsetlvanees Cost DPF SC17 56860 4460 NO Chevga ~~p 593.90 17300 CCV4601 4323 4100 Not req'd $423 C190011 Replaarront 48111 None 56111 ~F elerusrd CCV66248- ~ Replaoemem S2b None 525 CCY Elsrnnent "Explain end itemize sN miscellaneous coats: TrIP ehrps hxiudes Food, Lodphg, and Travel (or Two (2) McCoy Teohs for Two (2) Working Days (32 men-houro) et RFTA "Deeaibe how PM Cost-Effectlvaness was cakwlaE9d. The ~s pm pound d PM redudbn 6ormula usstl vres provitlsd by RAOC b M W W On • raaeM RFP for s(miW devices. It is based on padicWate matter retluctlons u81aMg only EPA/CARB ved8ed data. K utsizirp unvarllled comdna0ons d aqulpmmd (i.e., vsr8bd DPF vMh unvadfled CCF, CCF sbne, etc). emiaskna benefx date shell be considered only for the verified device. RAQC's FonnuM: 71 pounds d PM X EPA VsdfiW PM Reduction Perosnt =Pounds Reduced Coat par Pound =Totes bvlased Cant! Pourxls d PM Reduced (71 pounds d PM equetee ro 19at - zoos model year txra wlet 0. f group-nr PA+wlm z+o norsevower operating 1,6BO rwurs per fe9~ Spadfkely for 8ds Proposal: FA8 DPF b EPA Verified st 9096 PM ReducOon 9096 d 71 Lbs PM = 83.9 Lbs PM Toth iMiasetl Coat (Nd Yxludlrg Try Charge) = 47300 47900183.9 lbs = 593.90 par Lb PM Altsmab b OPF N Necessary tt b unlikely, basetl upon the Intamadon provided N fM RFP, that the tetrtPeraturo txOfle derlwd hem doNp tlata ecquiattbn on three RFTA buses t991 prohNlrt the use dtha DPF. Aspen ! RFTA should be awaro, however, that an alternatlve b 9key to ba available as a CARE Lsve13 Veritled tlevitxt Whin 1-2 mdt9+s - PtsiFltter Plus. 17 23 ACORQ CERTIFICATE OF LIABILITY INSURANCE OPID 15 DATE (MLUDDrcYYY1 24000Y-1 04 21 O8 PROWLER Laxsoa Insurance Agency, Inc. 7675 N. 14th Avenue #201 THIS CERTIFlCATE IS ISSUED A8 A MATTER OF INFORMATION ONLY AND CONFER8 NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Lakaxood CO 80214 Phone: 303-236-4381 Fax:303-232-1694 INSURERS AFFORDING COVERAGE NAIL ar ~ INSURED INSURER A: $aPQCO Ia$arance (' as 24724 _._____ INSURER S: P1nnaC01 A88UralECe n "' OEP ~ CD ~E INSURER C' '' 1~ ~$ UB~ LITTLETON C0 80127 INSURER D: i INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITX6TANDING ANY REQUIREMENT, TERM OR CONDITION OF ANV CONTRACT OR OTHER DOCUMENT WITH RE6PECT TO WHICH THIS CERTIFIGTE MAY BE ISSUED OR MAV PERTAIN, THE IN6URANCE AFFORDED BV THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUGX POLICIE6. AGGREGATE LIMITS SHOWN MAV HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OP INSURANCE POLIOY NUMBER DATE INMOBDIYY DAR YYRI MYITS GENERAL LUB0.ITY '~ EACH OCCURRENCE f l OOO OOO A $ MMERCIALGENERALLWBIIITV $ C-O Ol CC 234287; 11/Ol/O7 11/Dl/D9 PREMISES EaomuaMa 6200 OOO ~ '~J ClAIM6 MADE ®OCCUR ~ i MED IXP(Alry olw pwwn) S1O OOO ! IPERSONALSADV INJURY fl, OOO OOO ~ ~ j '! GENERAL AGGREGATE ! E 2 OOO , OOO GEN'L AGGREGATE LIMIT APPLIES PER ( ~ PRODUCTS-COMPIOP AGG i 7 2,000 OOO , ' PRO. POLICY ! JECT LOC __. ..-..-... AUTOMOBILE LIABILRY ~~ COMBINED 9NGLE LIMIT !a1 000 000 A ( , aNY AUrD -, Ol BA 221903 10/01/07 !. 10/01/08 (Ea xawap , , 'ALL OWNED AUTOS; ~ BODILY INJURY 16 $ 6CHEDUlEO AUTDS 1 ii ~ (Par Paso^) I $ MIRED AUTOS !. ! BODILY INJURY I $ NON-OWNED AUTO6 ''~~ (Pm amtlwp f i ' PROPERTY DAMAGE S (ParamtlenC GARAGE LIABILRY - ; - AUTO ONLY-EA ACCIDENT E ,~ ANY AUTO ~ ~~- OTHER THAN EA ACC '. S ' I AUTO ONLY: AGG S ~ EXCESSNNBRFLLA LIAWLITY I EACH OCCURRENCE 'IS1 OOO OOO A ' ~ $ OCCUR CCLAIMS MADE Ol SII 233314 ! 11/01/07 ~ 11/01/08 AGGREGATE ,51,000,000 '!. ! '. S DEDUCTIBLE ~ i ~ S RETENTION f S WORMERS CgIPENSATWN AND '', I TORY LIMIT61 ER B . EYPLOYERB'LUBILfTY 3125155 06/01/07 OB/Ol/OB ' ANY PROPRIETOR,PARTNERIEXECIfiIVE' E.L. EACH ACCIDENT __ S ZOO OOO ', OFFICERIMEMBER EXCLUDEDT I I ~ '~, EL. DISEASE-EA EMPLOYE S1OO,000 If yyaa tlaarlM UntlRr I!$PEDMLPRDVISIQN$bMarv '' E.L.OI6FA6E-POLICY LIMIT -- SSOO OOO OTHER '. A '~. !, 01 CC 234281 I, 11/01/07 11/01/08 i E SOS. PROP $515,000 OEBCRBTON OF OIBIULTXNISI LCCATRNIBJ VEXN:tES l EXCLUSON6 ADDED BY BNDORB YENTI SPECIAL PROVagNB THE CITY AND THE CITY'S OFFICBRS AND Et~LOYEE3 ARE NAKED A3 ADDITIONAL INSUREDS CERTIFICATE HOLDER CANCELLATION BXWLD ANY OP'TIIE ABOVE DESCRIBED POLICIES B! CANCELLED BEFORE TXE E%PIRATION GATE THEREOF, TNl ISEIIINOINSUNERWLLL ENDEAVOR TO MAIL 3O DAYS WRITTEN NOTICE TO THE CERTIFlCATE HOLDER NAM® TO THE LEFT, BUT FAILURE TO DO 808XALL CITY 291HI1.G8R CITY OF A87?EL7 WPOBE NO OBLI011TgN OR LUI&LITY OF ANY HIND UPON THE INSURER, RS AGENTS OR 130 S GALENA ST RE°REBENT^mES' ASPEN CO 81GI1 AUTHORIZED RBPREBEN Jim Lawson ACORD 2512007/08) ~{ / ®ULCORD CORPORATION 1988