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HomeMy WebLinkAbout383935 LIGHTLY TREADING INC - CONTRACT - RFP - 7074 CONTRACTOR TRAINING AND CERTIFICATION SERVICESSERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and Lightly Treading, Inc., hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of eight (8) pages and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence February 1, 2010, and shall continue in full force and effect until December 31, 2010, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond'its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 4. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to SA rev07/09 • Approved contractor network. Utilities is defining qualifications for two groups of contractors eligible to provide services under the program. Specialty Contractors will typically install targeted efficiency measures. Home Performance Contractors will install integrated packages of improvements. Contractor lists will be maintained through a formal agreement with Utilities for insulation and air sealing, window installation, HVAC and home performance contracting. • Rebates and financing options. Utilities will be providing significant rebates and/or financing for targeted efficiency and home performance measures. • Project support and coaching. Customers will be encouraged to contact Utilities Program staff to discuss audit results and improvement recommendations. • Quality control. Auditors will inspect all Level 1 targeted efficiency measures. A sample of audits and completed jobs will be independently verified for both levels. Eligible housing types in this program include single-family detached and attached housing, and duplexes. Both owner -occupied and rental properties will be eligible (in the case of rental housing, the program will be directed at the owner). Best practices, quality workmanship and a high level of installed performance are expectations that underlie this program. Scope of Services This scope of work describes training and quality assurance (QA) services to be delivered by Lightly Treading (LT) to Fort Collins Utilities during 2010 to support Fort Collins Utilities (Utilities) Home Efficiency Program (Program). Training and QA are planned in the following specialties: • Air -Sealing & Insulation • Heating Ventilation and Air -Conditioning (HVAC) • Window Installation • Building Performance Institute (BPI) sanctioned Building Analyst The goals of the services are: 1) Train interested contractors on the installation standards of Fort Collins Home Efficiency Program 2) Support the quality assurance, quality control and maintenance of the participating contractor lists of Fort Collins Home Efficiency Program 3) Introduce/increase house -as -a -system knowledge for participating insulation air -sealing, HVAC, and general contractors 4) Utilize judgment and innovation to improve the quality of work being done by all Home Efficiency Program participating contractors, to optimize energy -savings and customer satisfaction. To achieve these goals, LT will deliver: • Periodic training in each specialty • Periodic BPI Building Analyst training • Weekly Quality Assurance site sessions with improvement contractors • Strategic meetings, as needed, with improvement contractors, auditors and representatives of Utilities to discuss strategies to increase the effectiveness of the Home Efficiency Program Data Ownership • Customer data is strictly confidential and shall not be used for any purpose other than providing services under the Home Efficiency Program. • Provision of services under the Home Efficiency Program may create data which can be used for other purposes, such as program evaluation, development of training materials or worksite protocols. Utilities and contractor will notify each other, and receive approval, of any intended use of program information for other purposes. Billing Submit monthly invoices with backup documentation (number and type of trainings conducted, quality assurance and mentoring days, approved consulting hours, program meeting hours) to Utilities for payment. Contract Amount The total value of year one of this contract is estimated to be $104,675. This amount is based on the contractor providing: • Six air -sealing and insulation trainings (6 @ $3,630 = $21,780) • Six HVAC trainings (6 @ $3,895 = $23,370) • Two Window Installation trainings (2 @ $1,875 = $3,750) • One BPI Building Analyst training ($13,525) • Thirty mentoring and quality assurance days (30 @ $1,075 = $32,250) • An allocation for hourly costs for program consulting and meetings (80 hours at $125 per hour = $10,000) The goals for this program are based on estimates of customer demand for efficiency and improvement projects. Utilities does not guarantee the contract amount or number of trainings completed. Future renewals of this contract may have revised goals and associated contract amounts. Air -Sealing and Insulation Training: This 2 day training will begin with 1 day in a classroom/learning lab and 1 day in the field. The class size will be limited to 6 students per instructor. NOTE: this course is to be offered on a periodic basis. The first day will begin with classroom training on Building Science and Combustion Appliance Zone (CAZ) meeting BPI standards. The students will learn the importance, when feasible, of "super -insulating" houses to levels of R-50 in attics and R-25 in walls along with reducing air - leakage by at least 25% but not below the calculated Below Threshold Level (BTL) in significantly reducing the carbon emissions of a house. This day will also include having the students learn how to set-up/tear down and understand the operations of a blower door. Owning a blower door is a requirement for contractors doing insulation and air -sealing improvement work for the Home Efficiency Program. Additionally, the portable learning lab portion of the day will make use of a portable Air -sealing & Insulation training prop to have contractors see hands-on examples, based on the Home Efficiency Program installation standards, of the following: o Kneewall insulation and Kneewall bypass air -barrier installation o Dropped soffit insulation & air -barrier challenges o Recessed light, J-box, electrical outlet air -sealing 3 o Plumbing & flue penetration air -sealing o Attic hatch insulation and air -sealing o Sealing open interior walls and electrical penetrations o Duct sealing and insulation The instructor will also use the Energy -Star Thermal By-pass Checklist as a reference document when working with the learning lab and in the field on the 2nd day. (We will provide an illustration of the portable learning lab in the near future.) The 2nd day will be spent in the field at a residential unit used for hands on training. The instructor will lead the class in conducting inspections of the insulation levels and installation quality in the attic/ceiling, walls and foundation walls and/or floor. The class will have a blower door, and the instructor will typically have an IR camera available, to identify where air leakage is occurring and where insulation voids exist. The class will use the blower door to determine a baseline level of air -leakage. And, after measuring the square footage and calculating the volume of the house they will use the BPI calculation to make sure to not go below the BTL unless the homeowner agrees to have mechanical ventilation incorporated into their home. They will also use the CFM@50 data to determine the 25%, 33%, 50% leakage levels for the house. Air sealing training will address the requirements of the Program installation standards for air sealing. With the blower door running the class will work in teams of 2 to perform air -sealing improvements around the house using foil ray (Thermoply), latex caulk, high -temp caulk, expansive foam, mesh tape/duct mastic, closed cell foam tape/weatherstrip, cellulose and/or short fiber fiberglass insulation and (if obtainable) Energy Complete latex attic/rim joist sealant to seal/insulate the house. After each team completes sealing their portion of the house the other two teams will review their work and will list if any additional improvements need to be made. Before any additional improvements are made, the class will see how much lower the blower door numbers are from the initial improvements and then again after the additional air - sealing is done to be able quantify the results of their work. The instructor will review and make notes on each of the 6 students as to their understanding of what was covered during the 2 days. The students will be given a "grade" of 1) Good 2) Fair, or 3) Needs Improvement. Next, each student will need to arrange a time to do additional air- sealing/insulation work with an instructor on the 1 day/week an LT instructor will be in Ft. Collins doing a weekly Quality Assurance/mentoring site visit (see description below) at a job site the student (or another student) is doing air-sealing/insulation work. After this QA/mentoring visit the instructor will determine if the student is ready to be awarded a certificate as a Ft Collins Air-Sealing/Insulation Specialist or if they need additional training. • Enrollment: $475/student (student cost = $100, Utilities cost = $375) • Materials: $300 for each 6 student class • Rental of Learning Lab: $500/class • $150 for classrooms (unless donated by CSU, etc.) • $15/student/day for food • $75 trip fee/trip plus a $100/day per diem for lodging and food for the instructor if they stay overnight 4 Once the class is officially sanctioned by BPI there may be field/written exam fees. Currently the BPI Building Analyst tests have fees of $200 for written exam and $350 for field proctoring Total estimated cost per training class: $4,230 Net estimated cost per training class from Utilities budget: $3,630 HVAC Training: This 3 day training will include 2 days where the class will spend the morning in the classroom and the afternoon in the field. The 3rd day will be spent entirely in the field. The class size will be limited to 4 students per instructor to optimize the learning opportunity for students. NOTE: this course is to be offered on a per demand basis for HVAC contractors and general contractors. Day 1: The morning classroom time will include modules covering Building Science, Mechanical Systems and Ductwork best -practices meeting ACCA Standard 5 . In the afternoon, the class will go to a house (ideally with fully exposed ductwork in a basement and at least portions of ductwork in the attic) and will cover: • Basic Carbon Monoxide and Spillage test of atmospherically vented space/water heating equipment • Heat rise test of force -air system to identify if issues of inadequate or superfluous air- flow exists • Static pressure test of forced -air ducts and "ductolator" directed assessment of the size of the supply and return trunks to identify if at least the trunks can effectively deliver/return air based on the flow rate of the furnace's fan • True -flow grid measurement of the air -flow through the forced -air furnace as a quantifiable means of measuring the air -flow with the filter installed and removed. • Visually identified duct -sealing. Mesh tape and mastic will be used to seal identified gaps in the ductwork. Day 2: The morning classroom time will include modules covering Blower Door testing —and set- up and tear -down of the blower door- and Combustion Appliance Zone (CAZ) testing meeting BPI standards. In the afternoon, the class will go back to the same house and cover: • Set-up and operation of the blower door and look for air -leakage via ductwork and other bypasses in the house. Also, conduct pressure -pan measurements of leakage coming through ducts with the blower door running. • Conduct blower door directed air -sealing of the ductwork using smoke puffers to identify bypasses in the ductwork. The goal is instruct HVAC contractors how much more leakage areas can be identified (especially via building cavity returns and duct -leakage to outdoors) using a blower door than just a visual inspection alone. • Conduct fully BPI compliant CAZ testing on the atmospherically vented water heater and forced -air furnace. • We will also address the need to reline a common vent when a natural draft water heater becomes orphaned. • Combustion efficiency testing to quantify the operating efficiency of the furnace on the test day, compare this to an estimated AFUE for the furnace (an AFUE chart we will hand-out) and quantify the oxygen, carbon monoxide and nitrogen oxide levels in the exhaust gases. Day 3: The entire day will be spent in the field at a 2"d house and will have the students perform all the site demonstration topics covered during the previous 2 days. This will include: • CAZ • Heat Rise • Static pressure of forced -air system and "ductolator" assessment • True -flow grid air -flow measurement • Combustion efficiency assessment • Blower Door set-up, operation and pressure -pan testing • Blower door direct air -sealing of ductwork. Mesh tape and mastic will be used to seal identified gaps in the ductwork. • We also may measure gas pressure and clock gas usage to determine BTU input of the appliance The instructor will review and make notes on each of the 4 students as to their understanding of what was covered during the 3 days. The students will be given a "grade" of 1) Good 2) Fair, or 3) Needs Improvement. Next, each student will need to arrange a time to do additional High Performance HVAC work with an instructor on the 1 day/week an LT instructor will be in Ft. Collins doing a weekly Quality Assurance/mentoring site visit (see description below) at a job site the student (or another student) is doing HVAC High Performance work. Hydronic system training to be developed and delivered based on hourly consulting rates and program needs as defined by Utilities. After the QA/mentoring visit the instructor will determine if the student is ready to be awarded a certificate as a Ft Collins HVAC Specialist or if they need additional training. • Enrollment: $935/student (student cost = $150, Utilities cost = $785) • $150 for classrooms (unless donated by CSU, etc.) • $15/student/day for food • $75 trip fee/trip plus a $100/day per diem for lodging and food for the instructor if they stay overnight Total estimated cost per training class: $4,495 Net estimated cost per training class from Utilities budget: $3,895 Window Installation Training: This 1 day course will spend 2/3d of the time in the class room and 1/3`d of the time in the field and/or in a learning lab. The class will be limited to 6 students/instructor. NOTE: this course will be offered on a per demand basis for Window sales/installation contractors and general contractors. The classroom session will include modules on Building Science, use of the Blower Door to identify leakage around windows and Window installation best -practices meeting BPI standards or compliance with the Water Management Guide written by Building Science Corp. In the later 1/3 of the day, students who do NOT have AMMA, AWDI, Installation Masters or equivalent program or manufacturer's installation training classes will need to participate in using a Learning Lab portable display (see below) or, a house that is going to receive window replacement, in the field we will cover: • Use the blower door to identify leakage around windows and doors • Observing and Infra -red camera being used (if at a house site) to look at leakage around windows and the overall thermal weakness of the existing windows • Best -practice window installation, including flashing and air -sealing which meets AMMA, AWDI, Installation Masters or equivalent standards. • Basic Carbon Monoxide and Spillage test of atmospherically vented space/water heating equipment as well as how reducing air -leakage impacts drafting of this equipment. • Additionally, the portable learning lab/field portion of the day will guide the students as to proper Window installation/flashing and air -sealing training through hands-on examples. This portion of the training will include a guest presenter window installer who regularly follows the Water Management Guide (or equivalent) best -practices and the session will cover the following: • Installation, flashing and sealing of windows/doors in a remodel project scenario which meets the installation and flashing standards in Building Science Corp's "Water Management Guide". • Best -practices installation and sealing windows/doors in a replacement project scenario. The instructor will review and make notes on each of the 6 students as to their understanding of what was covered during the day. The students will be given a "grade" of 1) Good 2) Fair, or 3) Needs Improvement. Next, each student will need to arrange a time to do additional High Performance Window Installation work with an instructor on the 1 day/week an LT instructor will be in Ft. Collins doing a weekly Quality Assurance/mentoring site visit (see description below) at a job site the student (or another student) is doing Window Installation work. The window installer will need to contact Lightly Treading directly to schedule this mentoring date. After the QA/mentoring visit, the instructor will determine if the student is ready to be awarded a certificate as a Ft Collins Window Installer Specialist or if they need additional training. • Enrollment: $335/student (student cost = $75, Utilities cost = $260) • We will use Window Installation Learning Labs provided by local window installation companies. • $150 for classrooms (unless donated by Ft. Collins Utility, etc.) • $15/student/day for food • $75 trip fee/trip plus a $100/day per diem for lodging and food for the instructor if they stay overnight If this class becomes officially sanctioned by BPI there may be field/written exam fees. Currently the BPI Building Analyst tests have fees of $200 for written exam and $350 for field proctoring. Total estimated cost per training class: $2,325 Net estimated cost per training class from Utilities budget: $1,875 BPI Building Analyst Training: This week long course will be offered periodically for contractors who have received Ft. Collins certification and are seriously interested in learning more about buildings -as -a -system. Course size and budget is based on 10 students per training class. Our course includes the on-line BPI Building Analyst training through Saturn Resources and in - person class LT will deliver at a CSU, Front Range Community College, etc. location. NOTE: since this is a course LT has already been delivering we can provide copies of the training manual for additional details on the course. • $1500/student (student cost = $300, Utilities cost = $1,200) • $15/student/day for food • $75 trip fee/trip plus a $100/day per diem for lodging and food for the instructor if they stay overnight Total estimated cost per training class: $16,525 Net estimated cost per training class from Utilities budget: $13,525 (duality Assurance and Mentoring: One day per week, or as scheduled by the Utilities Program Manager, an LT instructor will schedule to be in Ft. Collins to shadow training students and/or field members of the participating contractor firms to provide guidance and instruction on details of performing work in accordance with the Program Installation Standards. • $1000/day • $75 trip fees Total estimated cost per mentoring day: $1,075 Hourly Rates for Program Related Meetings: Meetings or additional consulting requested by Utilities • $125/hour plus $75 trip fee EXHIBIT B FEE SCHEDULE The total value of year one of this contract is One Hundred Four Thousand Six Hundred Seventy Five Dollars ($104,675.00). This amount is based on the contractor providing: • Six air -sealing and insulation trainings (6 @ $3,630 = $21,780) • Six HVAC trainings (6 @ $3,895 = $23,370) • Two Window Installation trainings (2 @ $1,875 = $3,750) • One BPI Building Analyst training ($13,525) • Thirty mentoring and quality assurance days (30 @ $1,075 = $32,250) • An allocation for hourly costs for program consulting and meetings (80 hours at $125 per hour = $10,000) EXHIBIT C INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. 'EXHIBIT D CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City") pursuant to this Agreement (the "Agreement"), the Contractor hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as "information") that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Contractor has agreed to perform, the Contractor hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Contractor agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City , or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City) . The Contractor shall not disclose any such information to any person not having a legitimate need -to - know for purposes authorized by the City. Further, the Contractor shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Contractor understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Contractor shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Contractor ceases to perform services for the City, or the City so requests for any reason, the Contractor shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Contractor understands and agrees that the City's remedies at law for a breach of the Contractor's obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: Copy to: Service Provider: City of Fort Collins City of Fort Collins Lightly Treading, Inc. Attn: Purchasing Attn: Amber DeNooy Attn: Mr. Brian Albers PO Box 580 PO Box 580 4303 Brighton Boulevard, Suite 3 Fort Collins, CO 80522 Fort Collins, CO 80522 Denver, CO 80216 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Contract Sum. The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, per the attached Exhibit "B", consisting of one (1) page, and incorporated herein by this reference. 6. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 7. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written 2 SA rev07/09 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 2 8 2010 PRODUCER Phone: 303-837-8500 Fax: 303-831-5295 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Van Gilder Insurance Corp. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1515 Wynkoop, Suite 200 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Denver CO 80202 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Hartford CasualtyInsurance C Lightly Treading, Inc. 4303 Brighton Blvd., Bldg 3 INSURER B:Hartf ord Ins. Co. of the MidW Denver CO 80216 INSURERc:Travelers Indemnity Company INSURER D: INSURER E: CAVFRAAFC THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LT DD' POLICY NUMBERDATE POLICY EFFECTIVE POLICY EXPIRATION (MM/DD LIMITS A GENERAL LIABILITY 34SBAVR5402 9/l/2009 9/1/2010 EACH OCCURRENCE $ j 000 000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ 1 000, 000 MED EXP (Any one person) $ j Q 0 0 0 CLAIMS MADE � OCCUR PERSONAL & ADV INJURY $ j 0 0 0 0 0 0 GENERAL AGGREGATE $ 2 0 0 0 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2 0 0 O 0 0 0 POLICY X PRO- LOC ' A AUTOMOBILE LIABILITY 34SBAVR5402 9/l/2009 9/1/2010 ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ 1, 0 0 0, 000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS X NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ $ AUTO ONLY: AGG A EXCESS/UMBRELLA LIABILITY 34SBAVR5402 9/l/2009 9/1/2010 EACH OCCURRENCE $ 3 000 000 AGGREGATE $ 3 0 0 O 0 0 0 X I OCCUR CLAIMS MADE $ DEDUCTIBLE X RETENTION $10 000 $ B WORKERS COMPENSATION ANDEMPLOYERS'LIABILITY 34WEGIN3841 9/l/2009 9/1/2010 WC STATU- OTH- X TS ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? E.L. EACH ACCIDENT $ 1 0 0 O 0 0 0 Mandatory In (f yes, describe under I E.L. DISEASE - EA EMPLOYE $ j 000, 000 E.L. DISEASE - POLICY LIMIT $ 1 0 0 0 000 SPECIAL PROVISIONS below C. OTHER Professional Liability 105338920 9/l/2009 9/1/2010 Per Claim $1,000,000 Claims Made al Aggregate nu$1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS f required by written contract or written agreement, the following provisions apply subject to the policy terms, conditions, limitations and exclusions: The Certificate Holder and Owner are included as Additional Insureds for ngoing and completed operations under General Liability; Designated Insured under Automobile Liability; and Additional Insured under Umbrella / Excess Liability but only with respect to liability arising out of the Named Insured's work erformed on behalf of the certificate holder and owner. This insurance will apply on a primary, non-contributory See Attached... /`G�TICII+I�Tc LIAR e��e� _ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE City of Fort Collins CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO Attn: Purchasing SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON PO Box 580 THE INSURER, ITS AGENTS OR REPRESENTATIVES. 10 DAYS NOTICE Fort Collins CO 80522 FOR NON-PAYMENT OF PREMIUM. AUTHORIZED REPRESENTATIVE A __ i _ At'non OC /.2nnnrn4i --- - IJ Taus-zuua ACORU CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. No Text consent of the City. 9. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 10. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. C. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City -furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 11. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 12. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail 3 SA rev07/09 himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non - defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 13. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 14. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit C, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 15. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 4 SA rev07/09 16. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 9 SA rev07/09 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting 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 illegal alien; except that Service Provider shall not terminate the contract 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. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 18. Amendment 54 To the extent that this Agreement may constitute a "sole source government contract" within the meaning of Section 2(14.4) of Article XXVIII of the constitution of the State of Colorado, about which the City makes no representation, Section 15 of said Article XXVIII, which reads as follows, is hereby incorporated into this Agreement and made a part hereof: Section 15. Because of a presumption of impropriety between contributions to any campaign and sole source government contracts, contract holders shall contractually agree, SA rev07/09 for the duration of the contract and for two years thereafter, to cease making, causing to be made, or inducing by any means, a contribution, directly or indirectly, on behalf of the contract holder or on behalf of his or her immediate family member and for the benefit of any political party or for the benefit of any candidate for any elected office of the state (of Colorado) or any of its political subdivisions. 19. Red Flags Rules. Service Provider must implement reasonable policies and procedures to detect, prevent and mitigate the risk of identity theft in compliance with the Identity Theft Red Flags Rules found at 16 Code of Federal Regulations part 681. Further, Service Provider must take appropriate steps to mitigate identity theft if it occurs with one or more of the City's covered accounts. 20. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "D " - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. 7 SA rev07/09 CITY OF FORT COLLINS, COLORADO a municipal corporation ORT•cot < By: ��•'•� •''�,S' Jame . O'Neill II, CPPO, FNIGP Direc o of Purchasing and Risk Management J o zl 1ZI �p Date: ,, COLO Cit;,IrOVE kAP A TO FORM: ey Lig ading, Inc. By: PRINT —NAME CORPORATE P ESI ENT OR VICE PRESIDENT Date ATTEST: CORPORATE SECRETARY 2 Li tv (Cor ora e Seal) SA rev07/09 n. EXHIBIT A SCOPE OF WORK FOR TRAINING AND QUALITY ASSURANCE FOR THE HOME EFFICIENCY PROGRAM 1. BACKGROUND In response to aggressive goals in recently adopted City policies, Fort Collins Utilities (Utilities) is significantly enhancing the programs it offers to residential customers in the areas of energy and water conservation. (Climate Action Plan, http://www.fcgov.com/climateprotection/pdf/climate action plan.pdf; Energy Policy, http://www.fcgov.com/electric/pdf/energy-policy. pdf; Water Conservation Plan, http://www.fcgov.com/water!pdf/conservation-plan.pdf). The focus of these programs is installed improvements that deliver energy and water savings, while in many cases also providing other homeowner benefits. The programs are designed to meet consumer needs for credible information and guidance, skilled and trusted contractors, affordable cost to participate and services that are easy to access. Utilities is designing these programs to build both the supply infrastructure (contractors) and demand for services (consumers). To expand the pool of quality service providers, Utilities will support opportunities for training, mentoring, certification and business development. Utilities is making a commitment to offer the programs described below for a minimum of five years. Utilities energy efficiency programs also include a focus on quality assurance and control to ensure the responsible use of ratepayer funds. Utilities provides other programs and services targeting specific equipment, such as consumer appliances, residential lighting and sprinkler system audits. 2. PROGRAM DESCRIPTION The Home Efficiency Program (Program) is an audit and home improvement program for Utilities customers. The goal of the Program is the completion of independently verified energy and water efficiency projects for existing homes. Homeowners will be able to access services at two levels: installation of targeted efficiency measures (Level 1) or home -performance contracting (Level 2). Home -performance contracting follows the Home Performance with ENERGY STAR° model but will not be tied to ENERGY STAR°. The program will encourage residents to implement energy and water savings improvements by providing: Audits. There will be two levels of audits corresponding to the two levels of improvements. The Efficiency Audit is a standardized audit with visual inspections and limited performance testing. The Efficiency Audit Plus is an in-depth, whole -house audit with a greater emphasis on performance testing and problem solving. Audit costs for both levels will be subsidized by Utilities. Home -specific improvement recommendations. Level 1 auditors will recommend targeted efficiency measures such as insulation, air sealing, windows and mechanical system upgrades. If appropriate, they may also recommend that customers utilize Level 2 services. Level 2 auditors will recommend custom, integrated packages of improvements to address customer needs.