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HomeMy WebLinkAboutAgenda Report - June 19, 2013 C-20AGENDA ITEM & 70007000 CITY OF LODI ,. COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement With Green Home Solutions by Grupe to Administer the Lodi Efficiency & Renewable Energy Pilot Program MEETING DATE: June 19, 2013 PREPARED BY: City Manager RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to execute a professional services agreement with Green Home Solutions by Grupe, to administer the Lodi Efficiency & Renewable Energy Pilot Program. BACKGROUND INFORMATION: Staff has developed a pilot program, designed to positively impact high energy use residential customers in the community. The pro- posed Lodi Efficiency & Renewable Energy Pilot Program (LEREPP) will be administered- by Green Home Solutions by Grupe; a firm with many years of expertise and experience in the residential, energy efficiency market. In partnering with City staff, Green Home Solutions will seek to assist only those residential customers who consistently fall into the residential energy use tiers 3, 4 and 5. These customers typically consume an average of 1,000 kilowatt hours of electricity per month. Thus, staff considers these customers to be excellent candidates for this pilot program. Specifically, the LEREPP will provide a detailed, on-site energy audit of participating customer homes. This critical first step will examine all facets of the customers energy use, and then recommend energy efficiency measures for installation. Some of the measures included: building envelope sealing, attic/floor/wall insulation, window film and screen installation, whole house fans, solar pool heating, air duct replacement, tankless water heaters, and more. If the customer opts to pursue some or all of the recommended improvements, the cost of the energy audit will be waived to the customer, and enhanced utility rebates will be provided. This pilot program will also be utilized as a business development tool; Green Home Solutions will purchase as many of the energy efficiency improvement materials as possible from Lodi retailers, and also utilize Lodi -based contractors where applicable and when available. Staff respectfully requests approval of the Lodi Efficiency & Renewable Energy Pilot Program as a qualifying element of the City of Lodi Public Benefits Program. FISCAL IMPACT: The fiscal impact is unknown at this time, and will be dependent upon the total number of customers who participate in this pilot program. However, energy savings achieved by customers result in reduced utility bills; this decrease in energy usage thus results in less energy purchased by the City of Lodi. The impact to the Lodi Public Konradt Bartlam, City Manager Adopt Resolution Authorizing the City Manager to Execute a Professional Services Agreement With Green Home Solutions by Grupe to Administer the Lodi Efficiency & Renewable Energy Pilot Program. June 19, 2013 Page 2 Benefits Program is potentially $325,000 — which is the total amount staff has "earmarked" for the marketing, energy audit cost and enhanced utility rebates for participating residential customers. FUNDING: 164605 — Publi enefits Program Fund (Category: Demand-side Management) Jordan Ayers Deputy City Manager/Internal Services Director Ko radt Bartlam City Manager PREPARED BY: Rob Lechner, Business Development Manager 06/10/2013 AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on June , 2013, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and Green Home Solutions, A Grupe Company (hereinafter "CONTRACTOR"). Section 1.2 Purpose CITY selected the CONTRACTOR to provide the services required in accordance with attached Scope of Services, Exhibit A, attached and incorporated by this reference. CITY wishes to enter into an agreement with CONTRACTOR for Lodi Efficiency & Renewable Energy Pilot Program (hereinafter "Project") as set forth in the Scope of Services attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide such services to CITY. ARTICLE 2 SCOPE OF SERVICES Section 2.1 Scope of Services CONTRACTOR, for the benefit and at the direction of CITY, shall perform the Scope of Services as set forth in Exhibit A. Section 2.2 Time For Commencement and Completion of Work CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a written notice to proceed from CITY or on the date set forth in Section 2.6, whichever occurs first, and shall perform all services diligently and complete work under this Agreement based on a mutually agreed upon timeline or as otherwise designated in the Scope of Services. CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work products as may be designated in the Scope of Services. CONTRACTOR shall not be responsible for delays caused by the failure of CITY staff to provide required data or review documents within the appropriate time frames. The review time by CITY and any other agencies involved in the project shall not be 1 counted against CONTRACTOR's contract performance period. Also, any delays due to weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall remain in contact with reviewing agencies and make all efforts to review and return all comments. Section 2.3 Meetings CONTRACTOR shall attend meetings as may be set forth in the Scope of Services. Section 2.4 Staffing CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's capabilities and on the qualifications of CONTRACTOR's principals and staff as identified in its proposal to CITY. The Scope of Services shall be performed by CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified by CONTRACTOR of any change of Project Manager and CITY is granted the right of approval of all original, additional and replacement personnel at CITY's sole discretion and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff prior to any change. CONTRACTOR represents it is prepared to and can perform all services within the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein. CONTRACTOR represents that it has, or will have at the time this Agreement is executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and approvals, and shall indemnify, defend and hold harmless CITY against any costs associated with such licenses, permits, qualifications, insurance and approvals which may be imposed against CITY under this Agreement. Section 2.5 Subcontracts Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter into any subcontract with any other party for purposes of providing any work or services covered by this Agreement. Section 2.6 Term The term of this Agreement commences on July 15, 2013 and terminates upon the completion of the Scope of Services or on May 15, 2014, whichever occurs first. 2 ARTICLE 3 COMPENSATION Section 3.9 Compensation CONTRACTOR's compensation for all work under this Agreement shall conform to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by this reference. CONTRACTOR shall not undertake any work beyond the scope of this Agreement unless such additional work is approved in advance and in writing by CITY. Section 3.2 Method of Payment CONTRACTOR shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing, without limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONTRACTOR's compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal. Section 3.3 Costs The Fee Proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved in advanced and in writing, by CITY. Section 3.4 Auditing CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit. CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement. 3 ARTICLE 4 MISCELLANEOUS PROVISIONS Section 4.1 Nondiscrimination In performing services under this Agreement, CONTRACTOR shall not discriminate in the employment of its employees or in the engagement of any sub CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law. Section 4.2 ADA Compliance In performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA. Section 4.3 Indemnification and Responsibility for Damage CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence of the City of Lodi or its officers or agents. Section 4.4 No Personal Liability Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement. Section 4.5 Responsibility of CITY CITY shall not be held responsible for the care or protection of any material or parts of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein, Section 4.6 Insurance Requirements for CONTRACTOR CONTRACTOR shall take out and maintain during the life of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference. 4 Section 4.7 Successors and Assigns CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY. Section 4.8 Notices Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows: To CITY: City of Lodi 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 Attn: Rob Lechner To CONTRACTOR: Green Home Solutions by Grupe Attn Mark Fischer 3255 West March Lane, 4t" Floor Stockton, California 95219 Section 4.9 Cooperation of CITY CITY shall cooperate fully and in a timely manner in providing relevant information it has at its disposal relevant to the Scope of Services. Section 4.10 CONTRACTOR is Not an Employee of CITY CONTRACTOR agrees that in undertaking the duties to be performed under this Agreement, it shall act as an independent contractor for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment of the services and work to be performed hereunder. CITY, however, retains the right to require that work performed by CONTRACTOR meet specific standards without regard to the manner and means of accomplishment thereof. Section 4.11 Termination CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR at least ten (10) days written notice. Where phases are anticipated within the Scope of Services, at which an intermediate decision is required concerning whether to proceed further, CITY may terminate at the conclusion of any such phase. E Upon termination, CONTRACTOR shall be entitled to payment as set forth in the attached Exhibit B to the extent that the work has been performed. Upon termination, CONTRACTOR shall immediately suspend all work on the Project and deliver any documents or work in progress to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered into by CONTRACTOR with third parties in reliance upon this Agreement. Section 4.12 Confidentiality CONTRACTOR agrees to maintain confidentiality of all work and work products produced under this Agreement, except to the extent otherwise required by iaw or permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or Proprietary", except to the extent otherwise required by law or permitted in writing by CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California Public Records Act. Section 4.13 Applicable Law, Jurisdiction, Severability, and Attorney's Fees This Agreement shall be governed by the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be venued with the San Joaquin County Superior Court. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in force and effect. In the event any dispute between the parties arises under or regarding this Agreement, the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's fees from the party who does not prevail as determined by the San Joaquin County Superior Court. Section 4.14 City Business License Requirement CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020 requires CONTRACTOR to have a city business license and CONTRACTOR agrees to secure such license and pay the appropriate fees prior to performing any work hereunder. Section 4.15 Captions The captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent hereunder. 6 Section 4.16 Integration and Modification This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties. Section 4.17 Contract Terms Prevail All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail. Section 4.18 Severability The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Section 4.19 Ownership of Documents All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR's regular business hours. Upon termination or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days. CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY's use of such documents for any purpose other than the purpose for which they were intended. Section 4.20 Authority The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. Section 4.21 Federal Transit Funding Conditions ❑ If the box at left is checked, the Federal Transit Funding conditions attached as Exhibit apply to this contract. In the event of a conflict between the terms of this contract or any of its other exhibits, and the Federal Transit Funding Conditions, the Federal Transit Funding Conditions will control. 7 IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written. ATTEST: RANDIJOHL City Clerk APPROVED AS TO FORM: D. STEPHEN SCHWABAUER, City Attorney JANICE D. MAGDICH, Deputy City Attorney 93 Attachments: Exhibit A — Scope of Services Exhibit B — Fee Proposal Exhibit C — Insurance Requirements Funding Source: (Business Unit & Account No.) Doc ID: CA:rcv.01.2012 8 CITY OF LODI, a municipal corporation KONRADT BARTLAM, City Manager CONTRACTOR: Green Home Solutions By:� i Name:Mark Fischer Title:President LODI EFFICIENCY and RENEWABLE ENERGY PILOT PROGRAM (LEREPP) Exhibit A Scope of Work and Program The "Lodi Efficiency and Renewable Energy Pilot Program" (LEREPP) is designed to reduce residential energy consumption in the City of Lodi. The program primarily targets Lodi residents who are using electricity in Lodi Electric tiers 3, 4 and 5 though the program will be open to all Lodi residents. Through the LEREPP program, homeowners can decrease their energy consumption while improving the comfort and safety of their homes by implementing cost-effective Energy Efficiency Measures (EEMs) and Photovoltaic (solar electricity). After preliminary screening, Green Home Solutions by Grupe (GHS), will provide Home Energy Assessments (HEAs) to City of Lodi residents (customer(s)). The HEAs will be done at no cost to the customer, if the customer elects to do some of the EEMs recommended in the HEA. If the customer decides against doing the EEMs the cost of the HEA will be $200 to the customer. GHS will also receive an additional $200 from the City of Lodi LEREPP program for a total of $400 paid to GHS for the HEA. The scope of the HEA recommended services will may include but not be limited to the following: • Building Envelope Sealing • Weatherization • Attic/Wall/Floor Insulation • Duct Sealing • Duct Replacement/Design • HVAC Replacement • HVAC Service/Tune Up • Window Replacement • Window Film • Tankless Water Heater • Standard Water Heater Replacement • Nest Thermostats TBD • Variable Speed Drive (VSD) Pool Pumps • Whole House Fans • Heat Recovery Ventilation Systems TBD • Solar Pool Heating TBD • Photovoltaic (PV) Solar TBD • Cool Roofs TBD Exhibit B -Fee Schedule The total contract cost is $125,000. This amount is broken down as follows: $25,000 Marketing/website development $100,000 Applied in the form of offsetting actual audit costs 284812 A� �® CERTIFICATE OF LIABILITY INSURANCE DAT5/29/D01YYYY) 5/29/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER Contact: Helen Hudson CONTACT Helen Hudson NAME: PHONE , (916) 589-8225 ac No): (877) 822-5194 E-MAIL o.comh l een.udson weilsfar ADDRESS: h @ 9 Wells Fargo Insurance Services USA, Inc. - CA Lic#: OD08408 INSURERS AFFORDING COVERAGE NAIC # 10940 White Rock Road, 2nd Floor INSURER A: American Economy Insurance Co. 19690 Rancho Cordova, CA 95670 INSURED INSURER B: Zenith Insurance Company 13269 Green Home Solutions by Grupe INSURER C Attn: Legal Department INSURER D PO Box 7576 INSURER E: INSURER F: Stockton, CA 95267 COVERAGES CERTIFICATE NUMBER: b1Ub432 REVISION NUMBER: See helnw THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MMIDD/Yl'YY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR 02CE1709736 7/1/2012 7/1/2013 EACH OCCURRENCE $ 1,000,000 RENTED DAMAGE PREMISES PREMISESSEa occurrence $ 1,000,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN 'L AGGREGATE LIMIT APPLIES PER: POLICY PRO X LOC PRODUCTS - COMP/OP AGG $ 1,000,000 $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS COMBINED SINGLE LIMIT Ea accident BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY PERTn DAMAGE $ UMBRELLA LIAB EXCESS LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION$ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED9 � (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A Z070780103 7/1/2012 7/11/2013 X TWC STATU- OTH- E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Re: City of Lodi Efficiency and Renewable Energy Pilot Program CERTIFICATE HOLDER CANCELLATION City of Lodi SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 221 W. Pine THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Lodi, CA 95240 AUTHORIZED REPRESENTATIVE The ACORD name and logo are registered marks of ACORD ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) RESOLUTION NO. 2013-114 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH GREEN HOME SOLUTIONS BY GRUPE TO ADMINISTER THE LODI EFFICIENCY & RENEWABLE ENERGY PILOT PROGRAM WHEREAS, the City of Lodi has developed a new pilot program designed to impact high energy use residential customers; and WHEREAS, those "high energy use" residential customers are defined as those customers who consistently fall into the residential energy use tiers 3, 4, and 5; and WHEREAS, the Lodi Efficiency & Renewable Energy Pilot Program (LEREPP) will provide detailed, on-site energy audits of participating customer homes, and then generate specific energy efficiency measures for customer implementation; and WHEREAS, the cost of the energy audit will be waived to the customer if the customer opts to install some or all of the recommended energy efficiency measures, and receive rebates for designated measures installed; and WHEREAS, the City of Lodi will utilize the LEREPP as a business development tool, requiring that energy efficiency materials be purchased local where possible and local contractors be utilized when applicable. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute a Professional Services Agreement with Green Home Solutions by Grupe to administer the Lodi Efficiency & Renewable Energy Pilot Program. Dated: June 19, 2013 ------------------------------------------------------------------------ ------------------------------------------------------------------------ I hereby certify that Resolution No. 2013-114 was passed and adopted by the City Council of the City of Lodi in a regular meeting held June 19, 2013, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Johnson, Katzakian, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Mounce ABSTAIN: COUNCIL MEMBERS — None RA I JOHL City Clerk 2013-114