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HomeMy WebLinkAboutC13-043 Clean Energy Economy For the Region AGREEMENT BETWEEN EAGLE COUNTY AND CLEAN ENERGY CONOMY FOR THE REGION, INC. D/B/A CLEER -� 6 THIS AGREEMENT is made this day of '' .'•" , 2013, by and between Eagle County ( "County") and Clean Energy Economy for the Region, Inc. d/b /a CLEER ( "Contractor"), a Colorado corporation with a principal place of business at 520 South Third St, Suite 17, Carbondale, CO 81623. WHEREAS, County desires to track energy use utilizing Contractor's Energy Navigator website monitoring tool at certain County facilities: Eagle County Building, Eagle County Justice Center and the Eagle County Airport (each a "Facility" and collectively the "Facilities "). WHEREAS, Contractor is authorized to do business in the State of Colorado, has experience and expertise necessary to provide said equipment, product and/or services to County; and WHEREAS, County and Contractor intend by this Agreement to set forth the scope of the responsibilities of Contractor in connection with the materials, equipment and services and related terms and conditions to govern the relationship between Contractor and County in connection with this Agreement. NOW, THEREFORE, in consideration of the foregoing premises and the following promises, County and Contractor agree as follows: ARTICLE 1— WORK 1.1 Contractor agrees to furnish the materials, hardware and equipment ( "Equipment ") and provide all non - electrical labor, personnel and materials to perform and complete the installation services and annual Energy Navigator website hosting as described in Exhibit A and Appendix 1 (such services and Equipment hereinafter collectively referred to as the "Services" or "Work"). Exhibit A and Appendix 1 are attached hereto and incorporated herein by this reference. Additional services, such as energy coaching or technical support, shall be billed on an hourly basis in accordance with the rates set forth in Appendix 1. 1.2 Contractor will use its expertise and skill to perform the Services. County agrees to perform all electrical work necessary to support this project. In the event of any conflict between the contents of this Agreement and Exhibit A or Appendix 1, this Agreement shall control. 1.3 County shall have the right to inspect all Equipment prior to acceptance. Inspection and acceptance shall not be unreasonably delayed or refused. In the event County does not accept the Equipment for any reason in its sole discretion, then Vendor shall upon County's request and at no charge or cost to County (i) take the Equipment back, (ii) exchange, or (iii) repair the Equipment. In addition, all Equipment which is discovered to be defective or which does not conform to any warranty of the Contractor upon inspection (or at any later time if the defects were not reasonably ascertainable upon the initial inspection) may be rejected. ARTICLE 2 — COUNTY'S REPRESENTATIVE 2.1 The Facilities Management Department designee shall be Contractor's contact with respect to this Agreement and the performance of the Services. ARTICLE 3 — TERM OF AGREEMENT 3.1 This Agreement shall commence upon execution of this Agreement by both parties, and subject to the provisions of Article 11 hereof, shall continue for a one (1) year period (the "Term "). Thereafter, subject to the provisions of Article 11 hereof, this Agreement may renew upon written agreement of the parties for two (2) additional one (1) year periods on the same terms and conditions as set forth in this Agreement and at the rates set forth on Appendix 1 (each a "Renewal Term "), contingent upon available funds for the purposes and needs of County. 1 GI 2 ro(-l � ARTICLE 4 — COMPENSATION 4.1 For th; Services satisfactorily performed in accordance with this Agreement, the County will pay Contractor according to • fees set forth in Appendix 1. The maximum amount of compensation under this Agreement shall not exceed $20,111.00 without . a signed amendment to this Agreement. Eagle County t uilding: Initial data hart ware shall not exceed $1,785.00 + $100.00 for shipping & handling Historical utili a bill data entry is estimated at $504.00 and will be billed at actual cost at a rate of $10.50 per bill Installation an• website tool access shall not exceed $885.00 Annual ongoin ; data costs, live data, plus utility bill data entry is estimated at $948.00 annually and billed at actual cost. Utility data is • arged at a rate of $950 per bill and invoiced at actual cost. Eagle County ustice Center: Initial data hat I ware shall not exceed $3,930.00 + $100.00 for shipping & handling Historical utili i, bill data entry is estimated at $756.00 and will be billed at actual cost at a rate of $10.50 per bill Installation an . website tool access shall not exceed $885.00 Annual ongoin ; data costs, live data, plus utility bill data entry is estimated at $1,062.00 annually and billed at actual cost. Utility data is • arged at a rate of $9.50 per bill and invoiced at actual cost. Airport Site: Initial data hart ware shall not exceed $2,820.00 + $100.00 for shipping & handling Historical utili bill data entry is estimated at $1,008.00 and will be billed at actual costs at a rate of $10.50 per bill Installation an. website tool access shall not exceed $885.00 Annual ongoi : data costs, live data, plus utility bill data entry is estimated at $1,176.00 annually and billed at actual costs. Utility d • to is charged at a rate of $9.50 per bill and invoiced at actual cost. 4.2 Annua fees are outlined in Appendix 1 and are based on the number of utility bills entered by CLEER at $9.50 per bill. 4.3 Equipment costs will be billed following installation and acceptance of said Equipment by County. Labor will be billed on a mo thly basis for Services performed in the prior month. The Annual Fee and Live Data Maintenance Fee will be billed on a onthly basis. Additional services, such as energy coaching or technical assistance, will be requested and authorized in - ting by the Facilities Management designee only and billed at the rate of $95.00 per hour. 4.4 Payme t will be made for Services satisfactorily performed within thirty (30) days of receipt of a proper and accurate invoi from Contractor respecting the Services. The invoice shall include a description of services performed. Upon request, ontractor shall provide County with such other supporting information as County may request. 4.5 Coun will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsi le for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreemen 4.6 Notwi standing anything to the contrary contained in this Agreement, no charges shall be made to the County nor shall any paym nt be made to the Contractor in excess of the amount for any Services done without the written approval in accordance wi a budget adopted by the Board in accordance with provisions of the Colorado Revised Statutes. Moreover, the arties agree that the County is a governmental entity and that all obligations beyond the current fiscal year are subject to funds being budgeted and appropriated. 4.7 The si atories to this Agreement aver to their knowledge, no employee of the County has any personal or beneficial inte st whatsoever in the service or property described in this Agreement. The Contractor has no interest and shall not acq e any interest, direct or indirect, that would conflict in any matter or degree with the performance of Contractor's s ices and Contractor shall not employ any person having such known interests. 2 ARTICLE 5— CONTRACTOR'S REPRESENTATIONS /WARRANTIES In order to induce County to enter into this Agreement, Contractor makes the following representations: 5.1 Contractor shall install the data logging equipment as outlined in Appendix 1 no later than 60 days after contract execution unless approved in writing. Support services of Contractor shall be made reasonably available by phone during business hours of Mon — Fri 8:00 a.m. — 5:00 p.m. 5.2 Contractor has familiarized itself with the intended purpose and use of the Equipment, nature and extent of the Energy Navigator website tool Services to be provided hereunder, the Facilities, and with all local conditions, and federal, state, and local laws, ordinances, rules and regulations that in any manner affect cost, progress, or performance of the Services. Contractor warrants merchantability and fitness for the Equipment's intended use and purpose. 5.3 Contractor will make, or cause to be made, examinations, investigations, and tests as it deems necessary for the performance of the Services. Contractor represents that entered utility data is routinely backed up and if utility data is not recovered by means of back -up, County shall not be responsible for the cost of re- entering utility data. 5.4 To the extent possible, Contractor has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of this Agreement. 5.5 To the extent possible Contractor, has given County written notice of all conflicts, errors, or discrepancies that he has discovered in the Agreement. 5.6 Contractor will be responsible for provision of the Services and Equipment shall perform the Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to Contractor's providing similar Equipment and Services. Further, in rendering the Services, Contractor shall comply with the highest standards of customer service to the public. Contractor shall provide appropriate supervision of its employees to ensure the Services are performed in accordance with this Agreement. 5.7 In addition to any specific guarantees required by this Agreement and any other documents related to this Agreement, Contractor promises the Equipment will be new and promises to perform the Services in a workmanlike manner and guarantees all Services against defects in materials or workmanship for a period of one (1) year from date the Services are completed, or such longer period as may be provided by law. Such warranty shall not be deemed waived either by reason of County's acceptance of or payment for said Equipment or Services. 5.8 All guarantees and warranties of Equipment and other materials furnished to Contractor or subcontractors by any manufacturer or supplier are for the benefit of County. If any manufacturer or supplier of any Equipment or materials furnishes a guarantee or warrantee for a period longer than one (1) year from the date the Work is completed, Contractor's guarantee shall extend for a like period as to such Equipment and materials. 5.9 Contractor warrants that title to all Work, Equipment and materials will pass to County either by incorporation into the Facility or upon the receipt of by Contractor of payment from County (whichever occurs first) free and clear of all liens, claims, security interests or encumbrances. Contractor further warrants that Contractor (or any other person performing Work covered by this Agreement) purchased all materials and/or Equipment free and clear of all liens, claims, security interests or encumbrances. 5.10 Contractor assumes all risk of loss with respect to the Equipment until title to the Equipment passes from Contractor to County, at which time County shall assume all risk of loss with respect to the Equipment. Notwithstanding anything to the contrary herein, for purposes of this Section 5.10 title shall pass to County after Contractor has installed the Equipment and Owner has inspected and approved the Equipment as installed. 5.11 Within a reasonable time after receipt of written notice, Contractor shall correct at its own expense, without cost to County, and without interruption to County's occupancy: Any defects in materials or workmanship which existed prior 3 to or during th° period of any guarantee or warranty provided in this Agreement; and any damage to other work or property caused by such defects or the repairing of such defects. 5.12 Guarantees and warranties shall not be construed to modify or limit any rights or actions County may otherwise have against C • tractor in law or in equity. 5.13 Warra ies required by this Agreement shall commence on the date of satisfactorily completion of the Services and acceptance • f the Equipment by County and shall terminate one (1) year after such date or such longer period as may be agreed to by e parties or as may be required by applicable law. ARTICLE 6 — NITRE AGREEMENT 6.1 This Agreement represents the entire Agreement between the parties hereto. There are no Contract Documents other than this Agreement, and Exhibit A, Appendix 1, and Exhibit B. The Agreement may only be altered, amended, or repealed in writing. ARTICLE 7 — ISCELLANEOUS 7.1 No ass ,. ment by a party hereto of any rights under, or interests in the Agreement will be binding on another party hereto wi 1 out the written consent of the party sought to be bound; and specifically, but without limitation, moneys that may beco e due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this re.triction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no : ssignment will release or discharge the assignor from any duty or responsibility under the Agreement. 7.2 County and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in , - spect to all covenants, agreements, and obligations contained in this Agreement. 7.3 Notwi. standing anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 without an appropriation t erefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance wi Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. § 29 -1- 101 et seq.) an the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7.4 Provisi .n Mandated by C.R.S. § 8- 17.5 -101 et seq. PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES 7.4.1 If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. § 8- 175 -101, et seq., regarding legal Aliens — Public Contracts for Services, and this Contract. By execution of this Contract, Contractor certifies that it toes not knowingly employ or contract with an illegal alien who will perform under this Contract and that Contractor will participate in the E -verify Program or other Department of Labor and Employment program ( "Department Program ") in • der to confirm the eligibility of all employees who are newly hired for employment to perform Services under this Con I act. 7.4.2 Contractor shall not: (i) Knowingly employ or contract with an illegal alien to perform work under this contract for services; or (ii) Enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. 7.4.3 Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in the E -verify Program or Department Program, as administer by the United States Department of Homeland Security. Information on applying for the E -verify program can found at: 4 http:// www .dhs.gov /xprevprot/programs /gc 1185221678150.shtm 7.4.4 The Contractor shall not use either the E -verify program or other Department Program procedures to undertake pre- employment screening of job applicants while the public contract for services is being performed. 7.4.5 If the Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Contractor shall be required to: (i) Notify the subcontractor and the County within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (D) the subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor 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. 7.4.6 The Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. § 8 -17.5- 102(5). 7.4.7 If a Contractor violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated specifically for a breach of this provision of this Contract, the Contractor shall be liable for actual and consequential damages to the County as required by law. 7.4.8 The County will notify the office of the Colorado Secretary of State if Contractor violates this provision of this Contract and the County terminates the Contract for such breach. 7.5 The Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) to the extent applicable shall comply with the provisions of C.R.S. 24- 76.5 -101 et. seq., and (c) has produced one form of identification required by C.R.S. 24- 76.5 -103 prior to the effective date of this Agreement. 7.6 Invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable provision was omitted. 7.7 Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any sub - consultant or sub - contractor agreements for the performance of any of the Services or without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to perform the Work and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned. Contractor shall require each sub - consultant or sub - contractor, as approved by County and to the extent of the Services to be performed by the sub - consultant or sub - contractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. ARTICLE 8 - JURISDICTION AND VENUE: 8.1 This Agreement shall be interpreted in accordance with the laws of the State of Colorado and the parties hereby agree to submit to the jurisdiction of the courts thereof. Venue shall be in the Fifth Judicial District for the State of Colorado. 8.2 In the event of litigation between the parties hereto regarding the interpretation of this Agreement, or the obligations, duties or rights of the parties hereunder, or if suit otherwise is brought to recover damages for breach of this Agreement, or an action be brought for injunction or specific performance, then and in such events, the prevailing party shall recover all reasonable costs incurred with regard to such litigation, including reasonable attorney's fees. 5 ARTICLE 9 - INDEMNIFICATION: 9.1 The Contractor shall indemnify and hold harmless County and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County or any of its officers, agents, or employees may become subject to, insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any performance or nonperformance by Contractor or any of its subcontractors hereunder; and Contractor shall reimburse County for any and all legal and other expenses incurred by County in connection with investigating or defending any t uch loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against the Cot my to the extent that the County is solely liable to such third party for such claims without regard to the involvement of the Contractor. ARTICLE 10 - OWNERSHIP OF DOCUMENTS AND MATERIALS: 10.1 All doauments (including electronic files) and Equipment which are obtained during, purchased or prepared in the performance of the Services shall remain the property of the County and are to be delivered to County before final payment is mace to Contractor or upon earlier termination of this Agreement. ARTICLE 11 . TERMINATION: 11.1 County may terminate this Agreement, in whole or in part, for any reason, at any time, with or without cause. Any such ternznation shall be effected by delivery to Contractor of a written notice of termination specifying the date upon which ter becomes effective. In such event, Contractor shall be compensated for all Services satisfactorily completed up to the date of termination for such Services. All guarantees or warranties shall survive termination. ARTICLE 12 — NOTICE 12.1 Any notice required under this Agreement shall be personally delivered, mailed in the United States mail, first class postage prepaid, or sent via facsimile provided an original is also promptly delivered to the appropriate party at the following addresses: The County: Eagle County Facilities Management P.O. Box 850 Eagle, Colorado 81631 (970) 328 -8786 (p) (970) 328 -8899 (1) and a copy to: Eagle County Attorney P.O. Box 850 Eagle, Colorado 81631 (970) 328 -8685 (p) (970) 328 -8699 (t) The Contractor: Clean Energy Economy for the Region Mike Ogburn P.O. Box 428 Carbondale, CO 81623 (970) 704 -9200 12.2 Notices hall be deemed given on the date of delivery; on the date a FAX is transmitted and confirmed received or, if transmitted - r normal business hours, on the next business day after transmission, provided that a paper copy is mailed the s. date; or three days after the date of deposit, first class postage prepaid, in an official depositary of the U.S. Postal Se ice. 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, by its County Manager By: Keith Montag CONTRACTOR: Clean Energy Economy for the Region, Inc. d/b /a CLEER By: A ((,tee. / Title: e Ay'YyP /Y CONTRACTOR IS t QUIRED TO HAVE ITS SIGNATURE NOTARIZED STATE OF 6C (.1 , 0 ) SS. COUNTY OF 4 # - i The foregoing instrument was acknowledged before me bydL ce , of C . t iZ this 2 ` day of f , 2013. UNDIAJ. C ORCOfiAM My commission ex i s: NOTARY PUBLIC STATE ID t COLORADO NOTARY 995401 R ID 9951Ot037'1 MY COMMISSION EXPIRES FEBRUARYE, 401E N. ., ' blic 8 ARTICLE 13 — INDEPENDENT CONTRACTOR 13.1 It is ex ; ressly acknowledged and understood by the parties hereto that nothing contained in this Agreement shall result in, or be construed as establishing, an employment relationship between County and Contractor or County and Contractor's e i ployees. Contractor and its employees shall be, and shall perform as, independent contractors. No officer, agent, s i bcontractor, employee, or servant of Contractor shall be, or shall be deemed to be, the employee, agent or servant of Cou . Contractor shall be solely and entirely responsible for the means and methods to carry out the Services under this Agr- • ment and for Contractor's acts and for the acts of its officers, agents, employees, and servants during the performance of this agreement. Neither Contractor nor its officers, agents, subcontractors, employees or servants may represent, act, • • •rt to act or be deemed the agent, representative, employee or servant of County. ARTICLE 14 INSURANCE RE 1 UIREMENTS 14.1 At all es during the term of this Agreement, Contractor shall maintain insurance on its own behalf in the following mini um amounts: 14.1.1 Workmen's Compensation, disability benefits, and other similar employee benefit acts, with coverage and in amounts as ,.• uired by the laws of the State of Colorado; 14.1.2 Comprehensive Automobile Insurance shall be carried in the amount of $1,000,000 for bodily injury and $1,000,000 for • operty damage, each occurrence. All liability and property damage insurance required hereunder shall be Comprehens ve General and Automobile Bodily Injury and Property Damage form of policy. 14.1.3 Comprehensive liability and property damage insurance issued to and covering Contractor and any subcontractor 'th respect to all Work performed under this Agreement and shall also name County as an additional insured, in the • Mowing minimum amounts: Bodily Injury Liability: Each Person: $1,000,000 Each Accident or Occurrence: $1,000,000 Property Damage Liability: Each Accident or Occurrence: $1,000,000 142 Contractor shall purchase and m tain `9sniane as Tet ihr s of live and the certificate of insurance is attached hereto as Exhibit B.` 1br `tW / /SIGNATURE PAGE TO FOLLOW // 7 y^t. 4'h Dec 2012 cLFAR rx . to WI Eric Boley : lean Energy Economy for the Region Eagle County Facilities EXHIBIT 590 Broadway Eagle, CO 81631 Dear Eric, Thank you for your interest in utilizing the Energy Navigator'" to track energy use at your facilities in Eagle County. CLEER is able to assist you in obtaining energy savings through Active Energy Management as well as energy tracking through the Energy Navigator°". Overview: The Colorado Energy Navigator'" is a simple, effective tool for saving energy in buildings. The Navigator'" displays utility bill data and /or live electric and gas consumption data in a graphical format that is very easy to read and helps facility managers track energy use to enable savings. Engaging in CLEER's proven Active Energy Management processes can typically cut energy consumption by 15% if staff and occupants are engaged in making operational improvements. Several facilities working with CLEER are now saving 25 % -40% with no capital investment in new heating or cooling equipment. Below is an example breakdown of simple costs and savings potential. Energy Navigator Typical Building Savings Example Annual Energy Bill $ 75,000 15% Annual Energy Savings Potential $ 11,250 One Time Costs Hardware $ 3,000 Installation $ 2,000 Building Conservation Plan & Training $ 2,000 Total one time costs $ 7,000 ti Ongoing cost per year $ 800 Payback on year 1 costs 0.74 years Net annual savings, after year 1 $ 10,450 Potential Savings over 10 years $ _ 104,500 Clean Energy Economy for the Region 1 P.O. Box 428 1 Carbondale, Colorado 81623 (970) 704 -9200 1 www.CleanEnergyEcononiy.net Overview of Proposed Services in Eagle County CLEER will provide the following services to Eagle County that will result in presentation of energy data on the Colorado Energy Navigator website. Buildings involved in this proposal are the Eagle County Building, the Eagle County Airport, and the Eagle County Justice Center. See appendix for detailed costs. The hardware systems estimated in this proposal are capable of supporting: 1) Navigator website & Kiosks, 2) Electricity demand management pulses sent to a separate Building Automation System (Trane HVAC or equivalent), 3) Sending data to Ennovate for measurement and verification at no extra cost, and where appropriate: 4) Net - metering of grid electricity for use in solar monitoring should a solar PV system be installed, and 5) Solar energy metering if solar PV is present on site. Hardware: CLEER will supply energy data acquisition hardware appropriate to the needs of each Eagle County building. Hardware will include dataloggers to record energy usage and sent it once per day, analog input modules for temperature and gas pulse measurement, current transformers, power meters, fuses, enclosures, pulse splitters, etc. which measure energy use and share it with HVAC systems. Eagle County provides electrician and IT labor. Setup: CLEER will coordinate the on -site installation of the hardware in each building, will process historical utility bills for use as a baseline year into the Energy Navigator database, will electronically set up hardware data and bill data to the Energy Navigator website, and will configure the Energy Navigator website with building- specific information. Ongoing: CLEER will provide annual website hosting which includes web hosting costs and software maintenance costs, annual live data maintenance which includes the service of daily web updates of energy data from the day before and CLEER telephone support to keep data systems functioning, and monthly utility bill entry costs to update energy cost and usage in the Navigator database. Clean Energy Economy for the Region P.O. Box 428 I Carbondale, Colorado 81623 (970) 704 -9200 1 www.CleanEnergyEconomy.net Also available: Energy Navigator Kiosk — Suitable for any location: TOUCH SCREEN COMPUTER $1,000 Estimate, County owns /manages Kiosk. This kiosk is a touch screen computer that is set up to use a web browser to view a full - screen version of www.ColoradoEnergyNavigator.com Please see attached Kiosk Plan. Active Energy Management - Energy Coaching at $95/hr. CLEER offers technical services upon Eagle County's request that assist staff with energy projects of all types. • Building walk - through audits to identify energy opportunities • Building conservation plans for implementation by managers and occupants • Energy Coaching of facility managers, staff, and occupants in the use of Energy Navigator for occupant -driven energy savings • Analysis of Energy Navigator data to identify conservation /efficiency opportunities — available on an weekly, monthly and annual basis. • Educating building managers and users about the benefits of energy efficiency and method for implementation. • Custom installations of Energy Navigator for unique needs such as to submeter snowmelt, analyze solar thermal heating contribution, etc. • Energy Reporting- using energy data to link the work of Eagle County to direct economic development benefits associated with clean energy projects. • Renewable energy opportunity analysis (PV, thermal, wind) and assistance identifying funding mechanisms (Solar PPA financial analysis) • Site selection for new buildings and renewable energy installations • New Building Energy Efficiency Guidelines • LEED Consulting • Fleet consulting related to vehicle efficiency, alternative fuels (CNG, PHEV, EV), technology adoption, cost effectiveness, fleet management techniques. We look forward to working with you, g Y Sincerely, 1 U C)I Jeff Dickinson, MEP, LEED A/P; Building Efficiency and Renewables Program Director Mike Ogbum, M.S.M.E; Active Energy Management and Clean Vehide Technology Clean Energy Economy for the Region 1 P.O. Box 428 1 Carbondale, Colorado 81623 (970) 704 -9200 1 www.CleanEnergyEconomy.net APPENDIX: 1 Eagle County Airport - EGE HARDWARE EGE Electrical Room QTY $$ Total $$ 1 Otwius 8810 FLEX with 24V, NEMA, 8332 analog Inputs 1 51,400 51 ,400 2 Veris 6812 CT- 1600A - Main electrical service 3 5180 5540 3 Verls ESlc2 power meter (one per CT set) 1 $550 $200 $550 $200 4 McMaster NEMAenclosure 1 5 Veris AH -04 fuses (one per CT sett 1 $130 5130 6 Gas pulses from natural gas met °r- payable on gas big 0 $150 50 estimate 7 Installation of CTs & 11 support Eagle Cty Staff SUBTOTAL $2,820 Total 55 SETUP ONE TIME SETUP &HISTORICAL BILL DATA COSTS QTY $$ 8 CLEER installation & commissioning; hourly 8 595 5760 9 One time Data Setup Fee (per live site) - 1 5125 5125 10 2 years of hlstorical bit entry, per utility account 4 5252 $1,008 • SETUP SUBTOTAL. 51,893 ONGOING ONGOING DATA COSTS, LIVE DATA +BI BILLS QTY $$ Total $$ 11 Annnual Fee &Live Data Maintenance 1 5720 5720 (per year) 12 UtiFty bill data SU entryOTAL costs for 2 electric, 2 gas 51,176 5114 5456 (per year)•" ANNUAL BT 51,176 MAINTENANCE, TECHNICAL SUPPORT &ENERGY COACHING QTY 55 Total 55 13I Energy Coachin techn €cal assistance, consulting, etc TBD $9$ /Hr Total TBD SHIPPING BILLED SEPARATELY AS INCURRED The Eagle County Building 12/4/12 HARDWARE Minus Dataiogger QTY 55 Total 55 1 Obelus 8810 FLEX with 24V, NEMA, 8332 a•aiog inputs 1 $1,400 51,400 2 Pulse splitter 2 5175 5350 3 Temp Sensor 1 535 $35 4 Installation of CTs & IT support Eagle Cry Staff SUBTOTAL • $1,785 SETUP ONE TIME SETUP & HISTORICAL BILL DATA COSTS QTY 5$ Total 55 5 CLEER installation & commissioning; houriy +travel 8 595 5760 • 6 One time Data Setup Fee (per live site) 1 5125 5125 7 2 years of historical bill entry, per utility account 2 5252 5504 SETUP 2 SUBTOTAL - 51,389 ONGOING ONGOING DATA COSTS, UVE DATA + 81115 QTY 55 Total 55 B Annnual Fee & Uve Data Maintenance 1 5720 572D (per year) 9 Utility bill data entry costs for 1 efectdc, 1 gas 2 $114 5228 (per year)•' ANNUALSUBTOTAL $948 QTY 55 Total 55 MAINTENANCE, TECHNICAL SUPPORT & ENERGY COACHING 10 Energy Coaching' technical assistance, consulting, etc, TBD $95 /hr Total no SHIPPING BILLED SEPARATELY AS INCURRED Clean Energy Economy for the Region I P.O. Box 428 i Carbondale, Colorado 81623 (970) 704 -9200 1 www.CleanEncrgyEconomy.net Eagle County Justice Center HARDWARE • EGE Electrical Room QTY $$ Total 55 1 Obvius 8810 FLEX with 24V, NEMA, 8332 analog inputs 1 $1,400 51,400 2 Veris 8035 CT- 1600A • First electrical service 1 5880 $880 3 Veris 8035 CT -1600A - Second electrical service 1 $880 5880 4 Veris 8035 CT- 100A - Solar PV 1 5770 5770 5 Gas pulses from natural gas meter - payable on gas bit 0 $150 50 estimate 6 Installation of CTs & IT support Eagle Cty Staff SUBTOTAL 53,930 • SETUP ONE 11ME SETUP & HISTORICAL BILL DATA COSTS QTY $$ • Total $$ 7 CLEER installation & commissioning; hourly +travel 8 $95 5760 8 One Ume Data Setup Fee (per live site) 1 5125 5125 9 2 years of historical bill entry, per utility account 3 5252 5756 • SETUP SUBTOTAL 51,641 ONGOING ONGOING DATA COSTS, LIVE DATA + BILLS QTY 55 Total 55 10 Annnual Fee & Live Data Maintenance 1 5720 5720 (per year) 11 Utility bit data entry costs for 2 electric, 1 gas 3 5114 $342 (per year)** ANNUAL SUBTOTAL 51,062 MAINTENANCE, TECHNICAL SUPPORT & ENERGY COACHING QTY $5 Total 55 12 Energy Coaching: technical assistance, consulting, etc. TBO 595/Hr Total TBO SHIPPING BILLED SEPARATELY AS INCURRED 'Actual cost will be billed based on quantity of bills given to CLEER for data entry at $10.50 /bill **Actual cost will be billed to Eagle based on quantity of bills given to CLEER for data entry at $9.50 /bill Estimate Notes: Shipping is not included above and will be billed as- incurred. If components for all buildings are ordered at once, shipping is not expected to exceed $100. CLEER will not exceed the installation and setup estimates above without notifying Eagle County. These estimates are best - available estimates based on information shared with CLEER about the specifics of each building's mechanical and electrical systems. While rare, there are cases where unexpected situations m the building will require more costly hardware than was quoted. - Should hardware costs exceed these estimates for any reason, Eagle County staff will be contacted prior to the expenditure on additional hardware. Staff will given an opportunity to decide the course of action prior to additional cost being incurred. - Should labor costs exceed these estimates for any reason, Eagle County staff will be contacted prior to the expenditure of additional labor and travel cost. Staff will given an opportunity to decide the course of action prior to additional cost being incurred. Clean Energy Economy for the Region I P.O. Box 428 I Carbondale, Colorado 81623 (970) 704 -9200 1 www.CleanEnergyEconomy.net CLEER uses a third party data provider for utility bill management. Eagle County provides CLEER with PDF scans of utility bills or with a signed utility release. CLEER then employs Utility Management Services (UMS) who maintains the database for CLEER. UMS enters new bills once monthly and delivers data securely to CLEER. CLEER then updates the Energy Navigator website monthly with that utility bill data. The historical bill setup cost and ongoing bill data entry cost has been estimated in the costs above on a building -by- building basis using information provided by Eagle County staff. In practice, CLEER will invoice Eagle County based on actual costs, determined by the number of bills provided to CLEER and CLEER's per -bill cost to enter that data. Payment Terms are Net 30. Hardware cost will be billed after installation. L '- "r an a peaty data rn vAral 1 -x 1-1;11Ar1 #n #hamrlimn# —.,....♦ • Clean Energy Economy for the Region I P.O. Box 428 I Carbondale, Colorado 81623 (970) 704 -9200 I www.CleanFnergyEconomy.net EXHIBIT B [INSERT INSURANCE CERTIFICATE] EXHIBIT A [INSERT PROPOSAL AND /OR SCOPE OF WORK] 9 ACS ® DD CERTIFICATE OF LIABILITY INSURANCE R054 01-28-2013 THIS CERTIFICATEIS 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 INSURERIS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONALINSURED, the policy(ies) must be endorsed. If SUBROGATIONIS 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 ASSURANCE RISK MANAGERS /PHS PHONE FAX 342238 P: (866) -8730 F: (877) 905 -0457 (A/C, No, (866) - 8730 (A/C, No): (8 905 0457 PO BOX 33015 ADDRESS: SAN ANTONIO TX 78265 INSURERS) AFFORDING COVERAGE NAIC # INSURER A : Hartford Casualty Ins Co INSURED INSURER B : Twin City Fire Ins CO CLEAN ENERGY ECONOMY FOR THE REGION INSURER C : Philadelphia Insurance Companies INSURER D : PO BOX 428 CARBONDALE CO 81623 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM /DD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $1,000,000 DAMAGE TO COMMERCIAL GENERAL LIABILITY PREMISES (Ea $300,000 A CLAIMS -MADE X OCCUR MED EXP (Any one person) $10,000 X General Liab _ [ 34 SBA PF4220 10/20/2012 10/20/2013 PERSONAL &ADVINJURY $ 1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 I POLICY PRO JECT X LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1 (Ea accident) $,000,000 BODILY INJURY (Per person) $ ANY AUTO A ALL OWNED SCHEDULED _ [ 34 SBA PF4220 10/20/2012 10/20/2013 BODILY INJURY (Per accident) $ AUTOS _ AUTOS X HIRED AUTOS X NON -OWNED PROPERTY DAMAGE $ AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION WC STATU- TH O- AND EMPLOYERS' LIABILITY X TQRY LIMITS ER Y/N ANY PROPRIETOR /PARTNER /EXECUTIVE — E.L. EACH ACCIDENT $100,000 B OFFICER /MEMBEREXCLUDED? N/A 34 WEC PU7953 03/02/2012 03/02/2013 (Mandatory in NH) — E.L. DISEASE - EA EMPLOYEE $ 100,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 C Professional Liab [ [ PHSD737875 06/23/2012 06/23/2013 $1,000,000/$1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Those usual to the Insured's Operations. CERTIFICATE HOLDER CANCELLATION • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE Eagle County DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 500 BROADWAY AUTHORIZED REPRESENTATIVE EAGLE, CO 81631 74_ © 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD ASSURANCE RISK MANAGERS /PHS PO BOX 33015 SAN ANTONIO TX, 78265 Eagle County 500 BROADWAY EAGLE, CO 81631 ACORD 25 (2010/05)