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HomeMy WebLinkAbout456216 JKG CONSULTING - CONTRACT - RFP - 7075 HOME EFFICIENCY PROGRAMSERVICES 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 JKG Consulting, 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 — Efficiency Audits Plus (Level 2) — Home Efficiency Program, consisting of five (5) pages and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence January 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. t SA rev07/09 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. 3. PROGRAM GOALS Preliminary program goals are based on experience in programs elsewhere around the country: 300 audits (150 completed projects) in the first year of the program and 600 audits (300 completed projects) in the second year and subsequent years of the program. Utilities does not guarantee Program unit volume. 4. SCOPE OF SERVICES General The Efficiency Audit Plus (Level 2) audit contractor will provide the following services for the Program: ➢ Pre -Level 2 Audit Services ➢ Full Level 2 audits ➢ Customized Level 2 audits ➢ Post -Level 2 audit services ➢ Consultation/Inspection ➢ Billing Utilities Representatives: Participating auditors are expected to provide a high level of customer service as representatives of Fort Collins Utilities, and to act as ambassadors for the program. The sole purpose of providing Efficiency Audit Plus services to Utilities under this scope of work is to support customer efforts towards improving home energy and water efficiency. The contractor has the right to refuse services in any situation deemed by the contractor to be hostile or dangerous. Pre -Level 2 Audit Services The contractor will: • Contact customers requesting an Efficiency Audit Plus within 48 business hours of receiving customer contact information from Utilities and: o Work with customer to obtain Xcel data o Complete intake interview o Schedule the audit Full Level 2 Audit Scope For full Level 2 audits, the contractor will perform all of the elements of a Level 1 audit plus Level 2 elements deemed necessary by the contractor. The contractor will: • Identify key customer concerns and goals • Identify root causes for energy and water use problems and related comfort, health/safety and durability problems • Develop prioritized recommendations to solve problems • Evaluate combustion safety hazards • Educate homeowners about techniques for conserving energy and water • Provide homeowners with a list of approved contractors for proposed measures • Collect audit fee from customer Level 1 audits will be standardized, including the following elements: • Utility bill analysis (electric and water use data and analysis tool provided by Utilities) • Customer interview • Visual assessment of the interior and exterior of the dwelling, including looking for clues of moisture problems and issues related to solar gains • Visual assessment of energy components: o Insulation o Heating and cooling equipment and ductwork o Fireplaces and wood stoves o Electrical appliances o Lighting o Crawl space and attics: enter space and do cursory inspection o Identification of clear versus low-e-coated glazing • Measurement of whole -house air leakage, using blower door, including measuring the air leakage connection between the house and the garage • Thermal scan of shell, using infrared camera scan (weather permitting) • Collect thermostat information • For gas -fired furnaces: measurement of furnace heat rise and external static pressure • Combustion safety testing (ambient CO in utility room, spillage potential under worst - case conditions, carbon monoxide production, for gas -fired furnace, water heater, oven, fireplace) • Test gas pipe connections for leakage • Electrical monitoring of the refrigerator • Identification of air handling unit motor size and type • Measurement of hot water temperature • Measurement of water flow rates at showerheads and kitchen sink • Assessment of toilet flush volume • Check for water leaks (dye tablets in toilets and observing sink and appliance areas) • Provide preliminary recommendations to customer during initial site visit • Documentation of the audit by taking digital photos of the exterior of the home, specific problem areas and items pertinent to potential improvements; identify style of home; verify approximate square footage versus assessors data. The contractor will determine which of the following Level 2 elements are necessary based on the type of house, equipment and specific areas of concern: • Detailed inspection of the attic and crawl space (thermal bypasses, insulation details at common problem areas, heating/cooling ductwork in these spaces, ventilation ductwork, whole -house fans, passive venting, powered attic ventilators) • Measurement of heating system operating efficiency • Measurement of air flow through the furnace and A/C coil • Measurement of AC refrigerant charge (weather permitting) • Electrical usage of the air handler motor • Connections between the house and the attic and crawl space • Connections between the ductwork and exterior • Duct leakage • Air flow at registers • Pressure imbalances with air handler operating • Operation of zoned heating/cooling systems • Natural gas input rate to combustion appliances • Exhaust fan flows Audit Pricing: • Home size up to 3,000 sq. ft.: $600.00 • Home size 3,000 sq. ft. and above: $850.00 Pricing adjustments: • Thermal imaging is not included: deduct $100 • AC refrigerant charge is not measured: deduct $65 • Additional mechanical system: add $100 Customized Level 2 Audits When Level 2 audit measures are recommended following the completion of a Level 1 audit by Energy Logic, the contractor will submit a customized Level 2 audit scope of work to the program manager for approval. Pricing will be dependent upon the tests and measurements needed to resolve customer concerns and the nature of the house and equipment. Post -Audit Services The contractor will: • Complete report for review by Utilities • Deliver report to customer (via mail or email; method to be determined during audit), providing interpretation and relevant collateral materials and being available for follow-up questions from customer (maximum 1 hour of consultation) • Notify program manager of any customer satisfaction or significant health and safety issues prior to the next business day. Consultation / Inspection The contractor may provide consultation or inspection for the program as requested by the program manager. Consultation/Inspection Pricing: 0 $75.00/hour (one person and use of some equipment) • $125.00/hour (one person, use of some equipment including infrared camera and thermography report) Tracking and reporting The contractor will: • Maintain records of all audits and inspections Program Provider Meetings Contractor will be expected to participate in periodic meetings for the purpose of evaluating and improving the Program. Time for these meetings can be billed at the lower rate for Consultation/Inspection hourly rates. Roles of Utilities • Manage the program • Market the program • Provide customer verification • Provide customer contact information (name, phone number, address) to auditors • Provide utility data (electric, water and natural gas as appropriate) to auditors • Review draft audit reports • Provide installation standards to be used for Level 1 improvement inspections • Provide collateral materials • Provide training specific to the Program Confidentiality and Data Ownership • Customer data is strictly confidential and shall not be used for any purpose other than conducting audits and inspections. Contractor shall reference Utilities Customer Records Policy (Exhibit E) for guidance on restricted records. • 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 audits conducted, inspection hours, 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 $45,000. This amount is based on the contractor performing fifty (50) audits times the value of audits (35 less than 3000 SF, $600; 15 greater than 3000 SF, $800), plus an allocation for hourly costs for inspections and program consulting (150 hours at $75 per hour). The unit goals for this program are based on estimates of customer demand for efficiency audits. Utilities does not guarantee the contract amount or unit volume of audits. Future renewals of this contract may have revised goals and associated contract amounts. EXHIBIT B FEE SCHEDULE Efficiency Audits Plus (Level 2) — Home Efficiency Program Audit Pricing: • Home size up to 3,000 sq. ft. $600.00 • Home size 3,000 sq. ft. and above: $850.00 Pricing adjustments: • Thermal imaging is not included: deduct $100 • AC refrigerant charge is not measured: deduct $65 • Additional air handler: add $100 Consultation/Inspection Pricing: • $75.00/hour (one person and use of some equipment) • $125.00/hour (one person, use of some equipment including infrared camera and thermography report) 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 insured 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. EXHIBIT E Utilities Customer Records Policy Customer Records Policy — December 15, 2009 L Itirpose Fort Collins Utilities is subject to the Colorado Open Records Act and Fort Collins Municipal Code §26-26, which governs the accessibility of public records_ The purpose of this policy is to provide guidelines for Utilities' staff when deciding: (1) when public inspection of customer records is allowed; (2) who is entitled to have access to these records; and (3) how and when to respond to a records inspection request. IL Restricted Records Except as provided in Sections 111. and N. below, the Utilities shall not permit any person to inspect any of the following records of its customers: 1. customer's name if in disclosing such name the customer's address, telephone number, e-mail address, personal information or personal habits can be linked to the customer; 2. customer's address; 3. customer's telephone number(s); 4. customer's e-mail address(es); 5. customer's personal financial information, such as billing amounts, credit information, and usage statistics; and IIL Unrestricted Records The following records of the Utilities' customers shall be subject to inspection by any person: 1.. customer's name, provided giving such name does not link the customer to the customer's addt�ess, telephone number, personal financial information or personal habits; and 2. any of the customer's records when provided for inspection in an aggregate or statistical forth that. prevents the customer from being linked to the customer's address, telephone number, e-mail address, personal financial information or personal habits_ IV Persons Permitted Access Only the following persons shall be permitted to inspect a customer's restricted records, which are described in Section 11. above: _ the customer; 2. any person designated by the customer in the Utilities' Release of Records form as having the right to inspect the customer's rcc-ords; 3. if the customer is a tenant, the customer's landlord, any property manager hired by the landlord and any other person acting on behalf of the landlord (if designated by the landlord in the Utilities' Release of Records form) may have access to the customer's restricted records; however, access is limited only to those records related to the rented premises that pertain to the. billed utility charges (paid or unpaid) or which pertain to the level of cloc[ric usage (if such information is needed for electrical repairs or improvements to such pmrnises) and does not include any of the tenant's personal credit, financial information or social security number; 4. a customer's parent if the customcr is under the age of eighteen (18) or under any kind of legal disability, such as mental incompetence; 5, any legal represcnt<ativc_ of the customcr duly appointed by a court, such as a legal guardian or conservator; 6. if the customer is deceased, the personal representative of the custorrtcr's estate; and 7. any of the following peace officers acting within the scope of their authority and in furtherance of their duties as peace officers and who provide satisfactory evidence that the requested inspection is reasonably related to their authority and duties as peace officers, a. level I peace officers, as defined by State law (see, C.R.S. Section 18- 1-901(3][1][11, which include the following peace officers who have "basic peace office certification" from the Colorado Pcace Officers Standards and Training Board: (1) police officers of any Colorado town, city, or city and county; (2) undersheriffs and deputy sheriffs of any Colorado county or city and county; (3) Colorado State Patrol officers; (4) marshals of any Colorado town-, and (5) security officers of Colorado institutions of tugher education, such as Colorado State University; b. level la peace officers, as defined by State law (see, C.R.S. Section 18- -901[3][I][Tl][A]), which include the following peace officers; (1) the sheriff of any Colorado county or city and county; (2.) the district attorney, assistant district attorney, deputy district attorney and special deputy district attorney of any Colorado judicial district; (3) the Colorado Attorney General and Deputy Attorney General, and any deputy or assistant attorney general assigned a law enforcement function in the Attorney General's Office; (4) an authorized investigator of any county attorney of a Colorado judicial district., of the Colorado Attorney General, or of the executive director of the Colorado Department of Public Safety; (5) agents of the Colorado Bureau of Investigation; (6) parole officers and community program agents of the Colorado Department of Corrections' Division of Adult Services (7) the inspector general of the Colorado Department of Corrections and any authorized investigator of the inspection general; and (8) officers of the Southern Ute Indian and Ute Mountain Indian police forces who have "basic peace officer certification: from the Colorado Peace Officers Standards and Training Board; and c. level TI peace officers, and defined by State law (sec, C.R.S. Section which include the following peace officers: (1) inspectors of the Colorado Department of Revenue's Liquor Enforcement Division; (2) investigators of the Colorado Department of Revenue's State Lottery Division (3) investigators of the Colorado Department of Revenue's Division of Gaming; (4) the director of the Colorado Department of Revenue's Division of Gaming; (5) the executive director of the Colorado Department. of Revenue when conducting an investigation related to gaming; (6) any fire arson investigator appointed by the chief of any fire department if approver) by the sheriff or chief of police of the jurisdiction in which the fire investigator perforrns duties; (7) any officer, guard or supervisory employee of the Colorado Department of Corrections; (8) a security guard employed by the State of Colorado; (9) security officers of the State of Colorado; (10) district wildlife managers and special district wildlife managers of the Colorado Division of Wildlife; (1 1) parks and recreation officers of the Colorado Department of parks and Outdoor Recreation; (12) investigators of the Colorado Department of Racing Events and their supervisors, including. the director of the Colorado Division of Racing Events; and (13) railroad peace officers employed by a railroad corporation to investigate offenses against the railroad corporation. V. Responding to Record Inspection Request Except for verbal requests for routine and clearly identified records that can be quickly and efficiently produced for immediate inspection or copying, all requests for inspection or copying of public records must be in writing and must be specific as to the record requested. When a request is received to inspect a customer's records, it shall be responded to in one of the following ways. 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 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 JKG Consulting, Inc. Attn: Purchasing Attn: John Phelan Attn: Mr. Jeff Grazier PO Box 580 PO Box 580 3767 Carrington Road Fort Collins, CO 80522 Fort Collins, CO 80522 Fort Collins, CO 80525 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. 2 SA rev07/09 l . If the record requested is not in the Utilities' custody or control, the person making the request shall be promptly notified verbally of this fact, and in uniting if requested by the person, which notification shall state, if known, the reason for the absence of the record, the location of the record, and what person has custody or control of the requested record; 2. if the record requested is in the Utilities' custody or control, but. the person requesting the records is not entitled under Section 1.1 of this policy to inspect the record, the person shall be promptly notified verbally of this fact, and, if the request was made ire writing, the response shall be made in writing. The notification shall state that the person is not entitled to inspect the record under C.R.S. Section 24-72-204(3)(a)(IX); 3. If the record requested is in the utilities' custody or control, readily available, and not subject to other confidentiality restrictions, and the, requesting person is entitled under this policy to inspect the record, the record shall be promptly given to the person; or 4. If the record requested is in the Utilities' custody or control, is not readily available, and the requesting person is entitled under this policy to inspect the record, the record shall be given to the person within tl"c (3) working clays after the request, unless there are "extenuating circumstances." If there are "extenuating circumstances," the record shall then be given to the person within a total of ten (10) working days after the request. "Extenuating circumstances" cannot be applied to a single, specifically identified document, but apply only if: a. The request is broadly stated encompassing all or substantially all of a large category of records and the request is not specific enough for Utilities staff to prepare or gather such records within three (3) working clays; or b. The request is broadly stated encompassing all or substantially all of a large category of records and Utilities staff is unable to prepare or gather such records within three (3) working days because Utilities staff needs to devote all or substantially all of its resources to nieet an impending deadline or period of peak demand either unique or not predicted to recur more Frequently than once a month. VI. Tees and Charges Fees and charges for making copies, searching and retrieving records, certifying records shall be consistent: with the Fort Collins City Clerk's Public Record Policy, as amended. VII. Inspection Request Not Addressed by Polio When an inspection request is received relating to a customer's records and the request does not appear to be addressed by this policy, the City ACC01-11Cv'S office should be contacted for advice concerning how to respond to the request.. Approved and adopted h _ f [r 'Y $ onis Utilities Exccutive Director Date of Approval and Adoption M CERTIFICATE OF LIABILITY INSURANCE oiiisi2o 0 PRODUCER (970)679-7333 FAX (866)456-4265 Ewing -Leavitt Insurance Agency 402 5 St . Cloud Dr. . Suite 100 Loveland, CO 80538 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED JKG Consulting Inc. 3767 Carrington Rd. Fort Collins, CO 80525 INSURERA: Adco General Corporation B0008 INSURER6: Pinnacol Assurance 41190 INSURER C: INSURER D: ' INSURER E: COVER 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 D' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE gmminnryii POLICY EXPIRATION DATE imminnim 06/12/2010 LIMITS GENERAL LIABILITY ECC101008074-00 06/12/2009 EACH OCCURRENCE $ 1,000,000. X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 50 000 CLAIMS MADE a OCCUR MEP EXP (Any one person) $ 5,000 A PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 X POLICY Ra LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ F1 (Per accident) GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ $ WORKERS COMPENSATION AND 4126550 09/05/2009 69/05/2010 X WC SL M T OTH- EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ 100,000 B ANY PROPRIETOR/PARTNER/EXECUTNE OFFICER/MEMBER EXCLUDED> If yes, describe under E.L. DISEASE - EA EMPLOYEN $ 100,000 E.L. DISEASE - POLICY LIMB I $ 500,000 SPECIAL PROVISIONS below P °roessional Liability ECC101008074-00 06/12/2009 06/12/2010 $1,000,000 A ESCRIPTION OF 9PERATI J LOCATIONS / VEHICLES / EX LUSIO ADDED BY ENDORSEMENT/ SPECIAL PRO S QNS e City, its o icers, agents and employees are named as an additional insured as respects general liability. City of Fort Collins Po Box 580 Fort Collins, CO 80522 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Toni Garcia/TOGARC A%,UKLJ LO (LUU1/UU) ©ACORD CORPORATION 1988 PDF created with FinePrint pdfFactory trial version wwwpdffacto�.com CERTIFICATE 4F INSURANCE Mk EE NCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL NOT BE R OTHERWISE TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. This certifies that: ® STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois ❑ STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois ❑ STATE FARM COUNTY MUTUAL_ INSURANCE COMPANY OF TEXAS of Dallas, Texas ❑ STATE FARM INDEMNITY COMPANY of Bloomington, Illinois, or ❑ STATE FARM GUARANTY INSURANCE COMPANY of Bloomington, Illinois has coveraae in force for the followina Named Insured as shnwn hPlnw- NAMED INSURED: JEFFREY AND KRISTIN GRAZIER ADDRESS OF NAMED INSURED: 3767 CARRINGTON RD FORT COLLINS, CO 80525-9052 POLICY NUMBER 623-4863-D07-060 EFFECTIVE DATE OF POLICY 10-07-2009 04-07-2010 DESCRIPTION OF VEHICLE (Including VIN) 1994 VOLVO 850 YV1LW5718R2071157 LIABILITY COVERAGE N YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO LIMITS OF LIABILITY a. Bodily Injury Each Person Each Accident b_ Property Damage Each Accident c. Bodily Injury & Property Damage Single Limit Each Accident $ 500,000 PHYSICAL DAMAGE COVERAGES N YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO a. Comprehensive $ 500 Deductible $ Deductible $ Deductible $ Deductible N YES ❑ NO ❑ YES []NO ❑ YES ❑ NO ❑ YES ❑ NO b. Collision $ 500 Deductible $ Deductible $ Deductible $ Deductible EMPLOYERS NON -OWNED CAR LIABILITY COVERAGE ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO HIRED CAR LIABILITY COVERAGE ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO FLEET - COVERAGE FOR p OR VEHIiCCL S�� ❑ YES ❑ NO El YES ElNO ❑ YES ❑ NO ❑ YES ❑ NO AGENT 1648 01/22/201D Title Agent's Code Number Date Name ana HUaress oT Ueniticate Holder Name and Address of Agent CITY OF FORT COLLINS RONNY BUSH 700 WOOD ST 1090 E ELIZABETH ST FORT COLLINS, CO 80521 FORT COLLINS, CO 80524 INTERNAL STATE FARM USE ONLY: n Reauest oennanent Certifirata of Insuranrp fnr Gahilitu nnan nna ' 122429.3 Rev. 07-26-2005 (]-Request Certificate Holder to be added*as an Additional Insured. 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 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 nonconformance in design, materials and workmanship/workwoman ship 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 nonconformance, 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. 3 SA rev07/09 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 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. Bindinq 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, 4 SA rev07/09 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. 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 thee=Verify-prograiii 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. 5 SA rev07/09 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: ,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. 6 SA rev07/09 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 cohfract"-vAthin"the meaning of Section 2(14.4) of Article XXVIII of the constitution of the State of Colorado, about which neither party makes any 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, 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;orfor,the benefit of:any candidate for any elected office of the state (of Colorado) or any of tits political, Ubdivisions. ' '19. t ,Red Flags Rules. Service Provider must implement reasonable policies and `f� 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 withlonelor 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. SA rev07/09 6� FART •.N SEAL City Clerk APPROVE F RIV1: Xr Assistant Cq Attorn y CITY OF FORT COLLINS, COLORADO a municipal corporation By: '. 9 Ja es . O'Neitl II, CPPO, FNIGP Dir cto of Purchasing and Risk Management Date: 3 JKG Consulting, Inc. jea�1 PRINT Nii6. At'l CORPORATE PRESIDENT OR VICE PRESIDENT- Date: -�2 /U AT-" (Corporate Seal) COR ORATE SECR ARY SA rev07/09 Exhibit A Scope of Work for Efficiency Audits Plus (Level 2) — Home Efficiency Program 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, hftp://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. 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