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HomeMy WebLinkAboutAgenda Report - August 21, 2013 C-18AGENDA ITEM V� �% g4Q CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Authorizing the City Manager to Execute Professional Services Agreement with American Insulation to Administer the Lodi Low-income Residential Weatherization Pilot Program ($200,000) MEETING DATE: August 21, 2013 PREPARED BY: Electric Utility Director RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to execute a Professional Services Agreement with American Insulation to administer the Lodi Low-income Residential Weatherization Pilot Program in an amount not to exceed $200,000. BACKGROUND INFORMATION: Staff is proposing to create the City of Lodi's first-ever low-income customer home weatherization program. The Lodi Residential Low- income Weatherization Pilot Program would only be offered to those customers currently assigned to the ED or EDMR residential electric utility rate tariffs (these are utility rates provided by the City of Lodi to residential customers who meet the current income guidelines, as established by the San Joaquin County Health & Human Services Agency). American Insulation, which provides similar program services to Modesto Irrigation District, Pacific Gas and Electric, Sacramento Municipal Utility District, and Turlock Irrigation District, will serve as the pilot program administrator. In this role, American Insulation will assist City staff in marketing the program, identifying eligible customers, conducting on-site assessments of needed energy efficiency measures, and then installing designated and approved energy efficiency measures. Where applicable and possible, American Insulation will utilize Lodi vendors for materials and services. Some of the improvements available under this pilot program include: attic insulation, weather-stripping, caulking, pipe insulation, utility gaskets, air conditioning replacement, installation of hard -wired compact fluorescents, room lighting occupancy sensors, window glass replacement, hot water heater blanket installation, and low -flow faucet aerators and showerheads. On a case-by-case basis, EnergyStar® refrigerators will be provided. In addition to meeting the income guidelines noted above, customers must (in phase one of this pilot program) own the single-family residence or duplex where energy efficiency measures will be installed. Phase two of this pilot program will include low-income customers who rent a single-family dwelling or duplex/triplex/fourplex. The maximum grant available per qualifying residential unit is $2,000. Note: the customer will also be eligible for grants from PG&E, increasing the overall number of energy efficiency measures installed at each residential dwelling. FISCAL IMPACT: The exact fiscal impact cannot be determined at this time; it will depend upon the total number of customer participants in this pilot program. However, an educated estimate of the total energy savings achieved via this program, is roughly 250,000 kilowatt hours of electricity saved, and a dollar impact of approximately $45,500. _.41:• 9 rtlam, City Manager Adopt Resolution Authorizing the City Manager to Execute Professional Services Agreement with American Insulation to Administer the Lodi Low-income Residential Weatherization Pilot Program ($200,000) August 21, 2013 Page 2 of 2 FUNDING: Included in FY 2013/14 Budget Account No. 164606.7323 E i e h it y Electric Utility Director PREPARED BY: Rob Lechner, Business Development Manager EAK/RSL/Ist AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on , 2013, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY'), and American Insulation (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 the Lodi Low- income Residential Weatherization 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 August 21, 2013 and terminates upon the completion of the Scope of Services or on June 30, 2014, whichever occurs first. ARTICLE 3 COMPENSATION Section 3.1 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 AssirAns 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, Business Development Manager To CONTRACTOR: American Insulation 1380 Venture Lane Turlock, CA 95380 Attn: Elise Kleiber 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. 5 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 law 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. 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 D apply to this Agreement. In the event of a conflict between the terms of this Agreement 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: RANDI JOHL-OLSON City Clerk APPROVED AS TO FORM: D. STEPHEN SCHWABAUER, City Attorney JANICE D. MAGDICH, Deputy City Attorney By: CITY OF LODI, a municipal corporation KONRADT BARTLAM City Manager American Insulation By: Name: Elise Keliber Title: Vice President Attachments: Exhibit A — Scope of Services Exhibit B — Fee Proposal Exhibit C — Insurance Requirements Exhibit D — Federal Transit Funding Conditions (if applicable) Funding Source: 164606-7323 (Business Unit & Account No.) Doc ID: CA:rev.07.2013 8 Exhibit A: Scope of Services Lodi Low-income Residential Weatherization Pilot Program Scope of Services Performed by AMERICAN INSULATION, INC. Elise Welber, vice President American Insulation, Inc. ekieiber@americaninsul.com 209-216-1950 Program Summary American Insulation, Inc. proposes to furnish and install residential weatherization services including but not limited to attic insulation, CFLs, occupancy sensors, interior/exterior hardwired lighting, caulking and weatherstripping to enhance the homes energy savings capabilities by lowering the homes overall electrical usage. American Insulation, Inc. proposes to perform these services in conjunction with other energy savings measures provided by the gas utility's Energy Savings Assistance Program. Scope of Services provided: *Identify income qualified customers in the Lodi Utility area; •Perform an energy audit of the home; *Educate the customer regarding energy efficiency practices; *Perform weatherization services to decrease the homes overall energy usage. •Perform quality assurance reviews on a percentage of homes to ensure the highest levels of customer satisfaction. LIGHTING AND COOLING MEASURES PROVIDED BY LODI UTILITY 1) WINDOW A/C REPLACEMENT 2) CFL'S 3) EVAPORATIVE COOLER 4) EXTERIOR HARD WIRE LIGHT 5) INTERIOR HARD WIRE LIGHT 6) OCCUPANCY SENSOR WATER MEASURES PROVIDED BY THE UTILITY THAT PROVIDES THE FUEL SOURCE TO THE WATERHEATER 1) FAUCET AERATORS 2) PIPE INSULATION 3) SHOWERHEAD 4) WATERHEATER BLANKET WEATHERIZATION MEASURES PROVIDED BY THE UTILITY THAT PROVIDES THE HEAT SOURCE 1) ATTIC ACCESS WEATHERSTRIPPING 2) CAULKING 3) DOOR WEATHERSTRIPPING 4) EVAPORATIVE COOLER COVER 5) UTILITY GASKETS 6) MINOR HOME REPAIR ATTIC INSULATION PROVIDED BY THE UTILITY THAT PROVIDES THE HEAT OR AIR CONDITIONING SOURCE. PGE - Rl l OR LESS EXISTING TO QUALIFY - INSTALL TO R30 LODI UTILITY - R19 OR LESS TO QUALIFY - INSTALL TO R38 Exhibit B: Fee Proposal American Insulation, Inc 1360 Venture Lane Turlock, CA 95380 P: (888) 334-6195 F: (209) 216-1954 Elise Kleiber, Vice President ATTIC INSULATION $1.09 per sq. ft A/C REPLACEMENT 10-15K $770.00 each 18k $850.00 each CFL'S $7.00 each EVAP COOLER $750.00 each EXT HWD $70.97 each INT HWD $70.97 each OCC. SENSORS $51.50 each ATTIC ACCESS W/S $17.39 each CAULKING $76.56 per home DOORS W/S $72.58 each EVAP COOLER COVER $62.42 each UTILITY GASKETS $33.00 per home FAUCETAERATORS $8.00 each PIPE INSULATION (ft.) $3.90 lineal ft SHOWERHEADS Reg $27.00 each Handheld $35.00 each WATERHEATER BLANKET $60.00 each NOT TO EXCEED $200,000 THE FOLLOWING PRICES ARE GOOD THROUGH JUNE 30, 2014 ALL MINOR HOME REPAIR ITEMS ARE TIME & MATERIAL - LABOR RATE $57.50 NUMBERS IN PARENTHESIS ARE MEASURE MAXIMUMS Attic Access Install (2) Ceiling Repair (25sq.ft.) Cover Plates (all Feas.) Door Jambs (5) Door Patch/ Plate(4) Door Replacement (2) Exhaust Fan Vent Repair (Attic (3), Dryer (1), and Mobile (1) Foam Wall Patch (15) Glass Replacement (50 sq. ft.) Glazing Compound MHR Shop Fee (1) (for repairs of holes V or less) Specialty Glass ($275) Thresholds (3) Vent Repair (AWH (1) and Heater (1)) Wall Repair (Exterior (5 sq. ft.) and Interior (8 sq. ft.) Window Assembly Replacement (<12 sq. ft. per window) >12 sq. ft. per window (50 sq. ft.) Window Sash Repair(2) C. Insurance Rea uirements for Contractor The Contractor shall takeout and maintain during the life of this contract, insurance coverage as listed below. These insurance policies shall protect the Contractor and any subcontractor performing work covered by this contract from claims for damages for personal injury, including accidental death, as well as from claims for property damages, which may arise from Contractor's operations under this contract, whether such operations be by Contractor or by any subcontractor or by anyone directly or indirectly employed by either of them, and the amount of such insurance shall be as follows: 1. COMPREHENSIVE GENERAL LIABILITY 2. COMPREHENSIVE AUTOMOBILE LIABILITY $1,000,000 Ea. Occurrence $1,000,000 - Ea. Occurrence $2,000,000 Aggregate NOTE: Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.). NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) above: 221 West Pine Street, Lodi, California, 95240-1910; (2) The insurance certificate must state, on its face or as an endorsement, a description of therp oject that it is insuring. A copy of the certificate of insurance with the following endorsements, which may be blanket endorsements, shall be furnished to the City: (a) Additional Insured Endorsement Such insurance as is afforded by this policy shall also apply to the City of Lodi, its elected and appointed Boards, Commissions, Officers, Agents, Employees, and Volunteers as additional insureds. (This endorsement shall be on a form furnished to the City and shall be included with Contractor's policies.) (b) Primary Insurance Endorsement Such insurance as is afforded by the endorsement for the Additional Insureds shall apply as primary insurance. Any other insurance maintained by the City of Lodi or its officers and employees shall be excess only and not contributing with the insurance afforded by this endorsement. (c) Completed Operations Endorsement A certificate of insurance with a Completed Operations Endorsement, CG 20 37 07 04, will be provided to the City of Lodi during construction and for three years after acceptance. (d) Severability of Interest Clause The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limit of the company's liability. (e) Notice of Cancellation or Change in Coverage Endorsement This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 W. Pine St., Lodi, CA 95240. Compensation Insurance The Contractor shall take out and maintain during the life of this contract, Worker's Compensation Insurance for all of Contractor's employees employed at the site of the project and, if any work is sublet, Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. In case any class of employees engaged in hazardous work under this contract at the site of the project is not protected under the Worker's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide insurance for the protection of said employees. A waiver of subrogation is required for workers compensation insurance. This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 W. Pine St., Lodi, CA 95240. NOTE: No contract agreement will be signed nor will any work begin on a project until the proper insurance certificate is received by the City. OP ID_ KO AC(JRO�DATE �.- CERTIFICATE OF LIABILITY INSURANCE j (MMIDDIYYYY) 07/1212013 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 Phone: 858-541-7177 NOANMEACT Schell &Associates Insurance Agency - License #OE75909 Fax: 858-541-7821 7901 Raytheon Road San Diego, CA 92111 Craig W. Schell, Pres. _ E ® PHONE AIC No Ext : ac No : E-MAILADDRESS: CER cUST ERID#:AMERI-3 INSURE 5 AFFORDING COVERAGE MAIC # .4 iP v ` INSURED American insulation,InC Ft I ii r. a 1360-1380 Venture Lane''' Turlock, CA 95380 4 f)' I'� 1 2 �` INSU R A: Navigators Specialty Ins Co. INSUR B: Golden Eagle Insurance Corp. 10836 INSU :Cypress Insurance Co INSURE D • A INSUREE RER F Am r-nvFRA(':PC (_FR i��iC'ATK-IOi'll)li FON REVISION NUMBER: 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 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Lodi POLICY NUMBER POLICY EF MMIOD POLICY EXP MM/DD LIMITS Lodi, CA 95241-1910 GENERAL LIABILITY A C T � EACH OCCURRENCE $ 1,OGO,0001 ROM PREMISES Ea occurrence $ 50,004 A X COMMERCIAL GENERAL LIABILITY X SF11CGLO17201-02 03/01/2013 03/0112014 MED EXP (Any one person) $ 5,00 CLAIMS -MADE IFI OCCUR PERSONAL & ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,0 tLAGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,00 $ OLICY PRO LOC B AUTOMOBILE X LIABILITY ANY AUTO BA8632544 04/07/2013 04/07/2014 COMBINED SINGLE LIMIT $ 1,000,00 (Ea accident) BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS HIRED AUTOS PROPERTYDAMAGEGE $ $ NON -OWNED AUTOS $ UAB OCCUR EACH OCCURRENCE $ AGGREGATE $ HUMBRELLA EXCESS LIAB CLAIMS -MADE DEDUCTIBLE $ $ RETENTION $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIMCUTIVE YIN OFFICERIMEMBER EXCLUDED? (Mandatory in NH) N I A 3300064144-132 04/01/2013 04/01/2014 X WCyTATU- OTH- E.L. EACH ACCIDENT $ 1,000, E.L. DISEASE - EA EMPLOYEE $ 1,000,00 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) eatherization Contract #164606-7323 City of Lodi, its elected and appointed Boards, Commissions Officers, ents, Employees, are named as addl insured per endmt CG2057 07 04 & CG2033 01 04 as required by written contract. Primary wording applies per endmt NPC 800 11 08 as required by written contract. (AIPW) CERTIFICATE HOLDER CANCELLATInN CITYL02 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Lodi ACCORDANCE WITH THE POLICY PROVISIONS. 221 W Pine Street AUTHORIZED REPRESENTATIVE Lodi, CA 95241-1910 A C T � ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD INOTEPAD: HOLDER CODE CITYL02 AMERI-3 PAGE 2 1NSUREWS NAME American Insulation, Inc. OP ID: KO DATE 08113113 Waiver of Subrogation Endmt Attached as required by written POLICY NUMBER: COMMERCIAL GENERAL LIABILITY SF11CGLO17201-02 CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : I Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE PERFORMING "COMMERCIAL CONSTRUCTION" DURING THE PERIOD OF THIS POLICY AND HAVE AGREED IN A WRITTEN CONTRACT TO ADD AS AN ADDITIONAL INSURED FOR PRODUCTS -COMPLETED OPERATIONS. COMMERCIAL CONSTRUCTION" DOES NOT INCLUDE ANY HABITATIONAL OR RESIDENTIAL CONSTRUCTION OTHER THAN APARTMENTS OR HOTELS. to Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s)'shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 13 SF11CGL017201-02 COMMERCIAL GENERAL. !{ABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section 11 — Who Is An Insured is amended to include as an additional insured any person or or- ganization for whom you are performing opera- tions when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with re- spect to liability for "bodily injury", "property dam- age" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A .person's or organization's status as an addi- tional insured under this endorsement ends when your operations for that additional insured are completed. CG 20 33 07 04 B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to: 1. "Bodily injury". "property damage or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and spedfica- tions; or b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional in- sureds) at the location of the covered operations has been completed; or b. That portion of your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcon- tractor engaged in performing operations for a principal as a part of the same project. © ISO Properties, Inc., 2004 Insured Copy Page 1 of 1 ❑ SFIICGLO17201-02 COMMERCIAL GENERAL LIABILITY NPC 80011 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to 4. c. Method of Sharing, Section IV — Commercial General Liability Conditions: However, we will not seek contribution from other insurance available to an Additional Insured endorsed to this policy when you have agreed in a written contract, prior to the loss, to provide such Additional Insured with primary and non-contributing insurance. NPC 800 11 08 Page 1 of 1 0 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 0410A (Ed 07-07) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA BLANKET BASIS We have the right to recover our payments from anyone liable for an injury covered by this policy.. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) The additional premium for this endorsement shall be 2.00 % of the total policy premium otherwise due on such remuneration. The minimum premium for this endorsement is $ :nn nn Schedule Person or Organization Job Description ALL ORGANIZATIONS FOR WHOM THE WAIVER OF SUBROGATION IS ALL CALIFORNIA OPERATIONS ISSUED This endorsement changes the policy to which it is attached and is effective on the date Issued unless otherwise stated. (The Information below is required only when this endorsement Is Issued subsequent to preparation of the policy.) Endorsement Effective 04/01/2013 Policy No. 3300064144-132 Endorsement No. 1 Insured AMERICAN INSULATION INC Premium $ Insurance Company Countersigned by Cypress Insurance Company WC 99 0410A (Ed 07-07) City of Lodi, California 2013 Business Tax Certificate Lydia Flores License No: 20448 DBA: American Insulation, Inc. Corporation 1380 Venture Ln Issued: Jul 22, 2013 Turlock, CA 95380 Expires: Dec 31, 2013 Certificate granted pursuant to the provisions of Ordinance 1607. Possession of this certificate shall not authorize, permit, or allow you _ RESOLUTION NO. 2013-155 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH AMERICAN INSULATION TO ADMINISTER THE LODI LOW-INCOME RESIDENTIAL WEATHERIZATION PILOT PROGRAM WHEREAS, City of Lodi staff offers numerous programs designed to encourage energy efficiency and conservation for residential and non-residential customers; and WHEREAS, City staff is proposing to implement the Lodi Low -Income Residential Weatherization Pilot Program, designed to assist low-income residential customers in reducing their annual utility costs; and WHEREAS, the new program would include the installation of designated and approved energy efficiency measures for eligible, residential customers; and WHEREAS, American Insulation, an experienced firm that serves numerous other publically-owned and privately -owned utilities in California with similar programs, will serve as the program administrator for the City of Lodi. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute a professional services agreement with American Insulation to administer the Lodi Residential Low -Income Weatherization Pilot Program in an amount not to exceed $200,000. Dated: August 21, 2013 ------------------------------------------------------------------------ ------------------------------------------------------------------------ I hereby certify that Resolution No. 2013-155 was passed and adopted by the City Council of the City of Lodi in a regular meeting held August 21, 2013, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Johnson, Katzakian, Mounce, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None &OML-OLSON City Clerk 2013-155