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HomeMy WebLinkAbout456216 JKG CONSULTING; 399052 ENERGY LOGIC - 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 EnergyLogic, 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 (Level 1) — 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. SA rev07/09 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 (Level 1) audit contractor will provide the following services for the Program: ➢ Pre -Level 1 audit services Level 1 audits and reporting y Post -Level 1 audit services s Inspection of installed measures Tracking and reporting 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. Pre -Level 1 Audit Services The contractor will: • Request gas usage data from customers desiring an audit • Follow-up with customers regarding gas usage data until data is received (maximum of ## follow-up calls) • Schedule Level 1 audits through iRate once customer's Xcel data is received • Conduct intake interviews Level 1 Audits Scope The contractor will: • Identify key customer concerns and goals • Provide a technical assessment of existing conditions and potential energy and water efficiency improvements in individual homes • 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 lavatories • 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. Audit Pricing: • Home size up to 3,000 sq. ft.: $273.00 • Home size 3,000 sq. ft. and above: $298.00 Post -Level 1 Audit Services The contractor will: • Complete standardized 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. Inspection The contractor will inspect targeted efficiency measures installed under Level 1 of the Program. Inspection may include both visual assessment and performance -testing, depending upon the specific measures installed. The benchmark will be installation standards that set expectations for quality workmanship and installed performance. The contractor may provide additional inspection for the program as requested by the program manager. Inspection pricing: • $55.00/hour Consultation / Program Provider Meetings The contractor may provide additional consultation for the program as requested by the program manager. Contractor will be expected to participate in periodic meetings for the purpose of evaluating and improving the Program. Time for consultation and program meetings can be billed based on the following hourly rate schedule. Staff Position Principal $ 90.00 Auditor $ 55.00 Admin $ 45.00 Tracking and reporting The contractor will: • Maintain records of Level 1 audits conducted in iRate • Grant Utilities read-only access to iRate Roles of Utilities • Manage the program • Market the program • Provide customer verification • Provide utility data (electric and water 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 Data Ownership • Customer data is strictly confidential and shall not be used for any purpose other than conducting audits and inspections. • 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 program information for other purposes. Billing The contractor will: • Submit monthly invoices with backup documentation (number 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 $100,275. This amount is based on the contractor performing the year one goal for number of audits (300) times the value of audits (75% less than 3000 SF, $273; 25% greater than 3000 SF, $298), plus an allocation for hourly costs for inspections and program consulting (300 hours at $55 per hour, $16,500). 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 (Level 1) — Home Efficiency Program Audit Pricing: • Home size up to 3,000 sq. ft.: $273.00 • Home size 3,000 sq. ft. and above: $298.00 Inspection pricing: • $55.00/hour Consultation / Program Provider Meetings Staff Position Principal $ 90.00 Auditor $ 55.00 Admin $ 45.00 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. 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 EnergyLogic Attn: Purchasing Attn: John Phelan Attn: Mr. Steve Byers PO Box 580 PO Box 580 P.O. Box N Fort Collins, CO 80522 Fort Collins, CO 80522 Berthoud, CO 80513 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. 4 SA rev07/09 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. 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, 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 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. 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. 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 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, 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. SA rev07/09 SE,kL A City Assists nt CIlFy Attorney CITY OF FORT COLLINS, COLORADO a municipal corporation By: ( 11-1j� Q�N�� 2- James B. eill II, CPPO, FNIGP Director of Purchasing and Risk Management Date: (3 EnergyLongic, rI Q By: W e PRINT ME _ l_ CORPORATE PRESIDENT OR VICE PRESIDENT Date ATTT. CORP RATE SECRETARY '77CUlkoo 3`tZn S SA rev07/09 - as - bald (Corporate Seal) Exhibit A Scope of Work for Efficiency Audits (Level 1) — 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 at http://www.fcgov.com/climateprotection/pdf/climate action plan pdf , Energy Policy at http://www.fcgov.com/electric/pdf/energy-policy. pdf , Water Conservation Plan at 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 and residential lighting. 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 integrated packages of improvements. Contractor lists will be maintained through a