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HomeMy WebLinkAboutC15-125 Clean Energy Economy forthe Regional, Inc. dba CLEER AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN EAGLE COUNTY,COLORADO
AND
CLEAN ENERGY ECONOMY FOR THE REGION,INC.D/B/A CLEER
THIS AGREEMENT("Agreement")is effective as of the day of Ni. u`1 2015 by and
between Clean Energy Economy for the Region,Inc.d/b/a CLEER,a Colorado corporation with a
principal place of business at 520 South Third St,Suite 17,Carbondale,CO 81623(hereinafter
"Consultant"or"Contractor")and Eagle County,Colorado,a body corporate and politic(hereinafter
"County").
RECITALS
WHEREAS,County desires to track energy use utilizing Contractor's Building Energy Navigator website
monitoring tool (the"Project")at certain County facilities,including but not limited to: Eagle County
Building,Eagle County Justice Center,Eagle County Airport,and Eagle River Center(the"Properties");
and
WHEREAS,Consultant is authorized to do business in the State of Colorado and has the time, skill,
expertise,and experience necessary to provide the Services as defined below in paragraph 1 hereof; and
WHEREAS,this Agreement shall govern the relationship between Consultant and County in connection
with the Services.
AGREEMENT
NOW,THEREFORE,in consideration of the foregoing and the following promises Consultant and
County agree as follows:
1. Services. Consultant agrees to diligently provide all services,labor,personnel and materials
necessary to perform and complete the services described in Exhibit A("Services")which is attached
hereto and incorporated herein by reference.The Services shall be performed in accordance with the
provisions and conditions of this Agreement.
a. Exhibit A is comprised of the following:
Building Energy Navigator and Active Energy Management:
Scope of Services and Estimated Costs
Appendix 1:Eagle County Building(hardware and setup in 2013)
Appendix 2:Eagle County Building(hardware and setup for addition of PV in 2015)
Appendix 3: Eagle County Airport-EGE(hardware and setup in 2013)
Appendix 4: Eagle County Justice Center(hardware and setup in 2013)
Appendix 5: Eagle River Center(hardware and setup in 2015)
b. Consultant agrees to furnish the Services no later than May 1,2015 and in accordance
with the schedule established in Exhibit A. If no completion date is specified in Exhibit A,then
Consultant agrees to furnish the Services in a timely and expeditious manner consistent with the
applicable standard of care. By signing below Consultant represents that it has the expertise and
personnel necessary to properly and timely perform the Services.
c. In the event of any conflict or inconsistency between the terms and conditions set forth in
Exhibit A and the terms and conditions set forth in this Agreement,the teens and conditions set forth in
this Agreement shall prevail.
d. Consultant agrees that it will not enter into any consulting or other arrangements with
third parties that will conflict in any manner with the Services.
2. County's Representative. The Facilities Management Department's designee shall be
Consultant's contact with respect to this Agreement and performance of the Services.
3. Term of the Agreement. This Agreement shall commence upon the date first written above,and
subject to the provisions of paragraph 12 hereof, shall continue in full force and effect for a period of one
(1)year(the"Term"). Thereafter,subject to the provisions of paragraph 12 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 in Exhibit A(each a"Renewal
Term"),contingent upon available funds for the purposes and needs of County.
4. Extension or Modification. This Agreement may not be amended or supplemented,nor may any
obligations hereunder be waived,except by agreement signed by both parties.No additional services or
work performed by Consultant shall be the basis for additional compensation unless and until Consultant
has obtained written authorization and acknowledgement by County for such additional services in
accordance with County's internal policies. Accordingly,no course of conduct or dealings between the
parties,nor verbal change orders,express or implied acceptance of alterations or additions to the Services,
and no claim that County has been unjustly enriched by any additional services,whether or not there is in
fact any such unjust enrichment,shall be the basis of any increase in the compensation payable hereunder.
In the event that written authorization and acknowledgment by County for such additional services is not
timely executed and issued in strict accordance with this Agreement,Consultant's rights with respect to
such additional services shall be deemed waived and such failure shall result in non-payment for such
additional services or work performed.
5. Compensation. County shall compensate Consultant for the performance of the Services in a sum
computed and payable as set forth in Exhibit A. The performance of the Services under this Agreement
shall not exceed$25,000.00.Consultant shall not be entitled to bill at overtime and/or double time rates
for work done outside of normal business hours unless specifically authorized in writing by County.
a. Payment will be made for Services satisfactorily performed within thirty(30)days of
receipt of a proper and accurate invoice from Consultant. All invoices shall include detail regarding the
hours spent,tasks performed,who performed each task and such other detail as County may request.
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Eagle County Prof Services Final 5'14
b. Any out-of-pocket expenses to be incurred by Consultant and reimbursed by County shall
be identified on Exhibit A. Out-of-pocket expenses will be reimbursed without any additional mark-up
thereon and are included in the not to exceed contract amount set forth above. Out-of-pocket expenses
shall not include any payment of salaries,bonuses or other compensation to personnel of Consultant.
Consultant shall not be reimbursed for expenses that are not set forth on Exhibit A unless specifically
approved in writing by County.
c. If,at any time during the term or after termination or expiration of this Agreement,
County reasonably determines that any payment made by County to Consultant was improper because the
Services for which payment was made were not performed as set forth in this Agreement,then upon
written notice of such determination and request for reimbursement from County,Consultant shall
forthwith return such payment(s)to County. Upon termination or expiration of this Agreement,
unexpended funds advanced by County,if any,shall forthwith be returned to County.
d. County will not withhold any taxes from monies paid to the Consultant hereunder and
Consultant agrees to be solely responsible for the accurate reporting and payment of any taxes related to
payments made pursuant to the terms of this Agreement.
e. Notwithstanding anything to the contrary contained in this Agreement,County shall have
no obligations under this Agreement after,nor shall any payments be made to Consultant in respect of any
period after December 31 of any year,without an appropriation therefor by County in accordance with a
budget adopted by the Board of County Commissioners in compliance with Article 25,title 30 of the
Colorado Revised Statutes,the Local Government Budget Law(C.R.S.29-1-101 et. seq.)and the
TABOR Amendment(Colorado Constitution,Article X, Sec.20).
6. Sub-consultants. Consultant acknowledges that County has entered into this Agreement in
reliance upon the particular reputation and expertise of Consultant. Consultant shall not enter into any
sub-consultant agreements for the performance of any of the Services or additional services 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 the subject Project during the
performance of this Agreement and no personnel to whom County has an objection,in its reasonable
discretion,shall be assigned to the Project. Consultant shall require each sub-consultant,as approved by
County and to the extent of the Services to be performed by the sub-consultant,to be bound to Consultant
by the terms of this Agreement,and to assume toward Consultant all the obligations and responsibilities
which Consultant,by this Agreement,assumes toward County.County shall have the right(but not the
obligation)to enforce the provisions of this Agreement against any sub-consultant hired by Consultant
and Consultant shall cooperate in such process.The Consultant shall be responsible for the acts and
omissions of its agents,employees and sub-consultants or sub-contractors.
7. Insurance. Consultant agrees to provide and maintain at Consultant's sole cost and expense,the
following insurance coverage with limits of liability not less than those stated below:
a. Types of Insurance.
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Eagle County Prof Services Final 5114
i. Workers'Compensation insurance as required by law.
ii. Auto coverage with limits of liability not less than$1,000,000 each accident
combined bodily injury and property damage liability insurance,including coverage for owned,hired,and
non-owned vehicles.
iii. Commercial General Liability coverage to include premises and operations,
personal/advertising injury,products/completed operations,broad form property damage with limits of
liability not less than$1,000,000 per occurrence and$2,000,000 aggregate limits.
iv. Professional liability insurance with prior acts coverage for all Services required
hereunder,in a form and with an insurer or insurers satisfactory to County,with limits of liability of not
less than$1,000,000 per claim and$2,000,000 in the aggregate. In the event the professional liability
insurance is on a claims-made basis,Consultant warrants that any retroactive date under the policy shall
precede the effective date of this Agreement. Continuous coverage will be maintained during any
applicable statute of limitations for the Services and Project.
b. Other Requirements.
i. The automobile and commercial general liability coverage shall be endorsed to
include Eagle County,its associated or affiliated entities,its successors and assigns,elected officials,
employees,agents and volunteers as additional insureds.
ii. Consultant's certificates of insurance shall include sub-consultants as additional
insureds under its policies or Consultant shall furnish to County separate certificates and endorsements for
each sub-consultant. All coverage(s)for sub-consultants shall be subject to the same minimum
requirements identified above. Consultant and sub-consultants,if any,shall maintain the foregoing
coverage in effect until the Services are completed. In addition,all such policies shall be kept in force by
Consultant and its sub-consultants until the applicable statute of limitations for the Project and the
Services has expired.
iii. Insurance shall be placed with insurers duly licensed or authorized to do business
in the State of Colorado and with an"A.M.Best"rating of not less than A-VII.
iv. Consultant's insurance coverage shall be primary and non-contributory with
respect to all other available sources. Consultant's policy shall contain a waiver of subrogation against
Eagle County.
v. All policies must contain an endorsement affording an unqualified thirty(30)
days notice of cancellation to County in the event of cancellation of coverage.
vi. All insurers must be licensed or approved to do business within the State of
Colorado and all policies must be written on a per occurrence basis unless otherwise provided herein.
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Eagle County Prof Services Final 5 14
vii. Consultant's certificate of insurance evidencing all required coverage(s)is
attached hereto as Exhibit B. Upon request,Consultant shall provide a copy of the actual insurance
policy and/or required endorsements required under this Agreement within five(5)business days of a
written request from County,and hereby authorizes Consultant's broker,without further notice or
authorization by Consultant,to immediately comply with any written request of County for a complete
copy of the policy.
viii. Consultant shall advise County in the event the general aggregate or other
aggregate limits are reduced below the required per occurrence limit. Consultant,at its own expense,will
reinstate the aggregate limits to comply with the minimum limits and shall furnish County a new
certificate of insurance showing such coverage.
ix. If Consultant fails to secure and maintain the insurance required by this
Agreement and provide satisfactory evidence thereof to County,County shall be entitled to immediately
terminate this Agreement.
x. The insurance provisions of this Agreement shall survive expiration or
termination hereof.
xi. The parties hereto understand and agree that the County is relying on,and does
not waive or intend to waive by any provision of this Agreement,the monetary limitations or rights,
immunities and protections provided by the Colorado Governmental Immunity Act,as from time to time
amended,or otherwise available to County,its affiliated entities,successors or assigns,its elected
officials,employees,agents and volunteers.
xii. Consultant is not entitled to workers' compensation benefits except as
provided by the Consultant,nor to unemployment insurance benefits unless unemployment compensation
coverage is provided by Consultant or some other entity. The Consultant is obligated to pay all federal
and state income tax on any moneys paid pursuant to this Agreement.
8. Indemnification. The Consultant shall indemnify and hold harmless County,and any of its
officers,agents and employees against any losses,claims,damages or liabilities for which County 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 Consultant or any
of its sub-consultants hereunder;and Consultant shall reimburse County for reasonable attorney fees and
costs,legal and other expenses incurred by County in connection with investigating or defending any such
loss,claim,damage,liability or action. This indemnification shall not apply to claims by third parties
against the County to the extent that County is liable to such third party for such claims without regard to
the involvement of the Consultant. This paragraph shall survive expiration or termination hereof.
9. Ownership of Documents. All documents prepared by Consultant in connection with the Services
shall become property of County. Consultant shall execute written assignments to County of all rights
(including common law,statutory,and other rights,including copyrights)to the same as County shall
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Eagle County Prof Services Final 5114
from time to time request. For purposes of this paragraph,the term"documents"shall mean and include
all reports,plans,studies,tape or other electronic recordings,drawings,sketches,estimates,data sheets,
maps and work sheets produced,or prepared by or for Consultant(including any employee or
subconsultant in connection with the performance of the Services and additional services under this
Agreement).
10. Notice. Any notice required by this Agreement shall be deemed properly delivered when(i)
personally delivered,or(ii)when mailed in the United States mail,first class postage prepaid,or(iii)
when delivered by FedEx or other comparable courier service,charges prepaid,to the parties at their
respective addresses listed below,or(iv)when sent via facsimile so long as the sending party can provide
facsimile machine or other confirmation showing the date,time and receiving facsimile number for the
transmission,or(v)when transmitted via e-mail with confirmation of receipt. Either party may change its
address for purposes of this paragraph by giving five(5)days prior written notice of such change to the
other party.
COUNTY:
Eagle County,Colorado
Attention:Facilities Management Department
500 Broadway
Post Office Box 850
Eagle,CO 81631
Telephone: 970-328-8889
Facsimile:970-328-
E-Mail:
With a copy to:
Eagle County Attorney
500 Broadway
Post Office Box 850
Eagle,Co 81631
Telephone: 970-328-8685
Facsimile: 970-328-8699
E-Mail: atty@eaglecounty.us
CONSULTANT:
Michael Ogburn
Active Energy Management&Clean Vehicle Technology Additional CLEER staff
CLEER-Clean Energy Economy for the Region Erica Sparhawk - Program Manager
GCE-Garfield Clean Energy erica@cleanenergyeconomy.net
mogbum @cleanenergyeconomy.net mobile: 970-456-9447
970.704.9200-CLEER office Matthew Shmigelsky - Energy Coach
720.891.3463 -cell matt @cieanenergyeconomy.net
www.cleanenergyeconomy.net mobile: 970-710-9080
www.buildingenergynavigator.com
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Eagle County Prof Services Final 5r 14
11. Coordination. Consultant acknowledges that the development and processing of the Services for
the Project may require close coordination between various consultants and contractors. Consultant shall
coordinate the Services required hereunder with the other consultants and contractors that are identified
by County to Consultant from time to time,and Consultant shall immediately notify such other
consultants or contractors,in writing,of any changes or revisions to Consultant's work product that might
affect the work of others providing services for the Project and concurrently provide County with a copy
of such notification. Consultant shall not knowingly cause other consultants or contractors extra work
without obtaining prior written approval from County.If such prior approval is not obtained,Consultant
shall be subject to any offset for the costs of such extra work.
12. Termination. County may terminate this Agreement,in whole or in part,at any time and for any
reason,with or without cause,and without penalty therefor with seven(7)calendar days'prior written
notice to the Consultant. Upon termination of this Agreement,Consultant shall immediately provide
County with all documents as defined in paragraph 9 hereof,in such format as County shall direct and
shall return all County owned materials and documents.County shall pay Consultant for Services
satisfactorily performed to the date of termination.
13. Venue,Jurisdiction and Applicable Law. Any and all claims,disputes or controversies related to
this Agreement,or breach thereof,shall be litigated in the District Court for Eagle County,Colorado,
which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and
interpreted under and shall be governed by the laws of the State of Colorado.
14. Execution by Counterparts;Electronic Signatures. This Agreement may be executed in two or
more counterparts,each of which shall be deemed an original,but all of which shall constitute one and the
same instrument. The parties approve the use of electronic signatures for execution of this Agreement.
Only the following two forms of electronic signatures shall be permitted to bind the parties to this
Agreement:(i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the
image of the signature of an authorized signer inserted onto PDF format documents. All documents must
be properly notarized,if applicable. All use of electronic signatures shall be governed by the Uniform
Electronic Transactions Act,C.R.S.24-71.3-101 to 121.
15. Other Contract Requirements.
a. Consultant shall be responsible for the completeness and accuracy of the Services,
including all supporting data or other documents prepared or compiled in performance of the Services,
and shall correct,at its sole expense,all significant errors and omissions therein. The fact that the County
has accepted or approved the Services shall not relieve Consultant of any of its responsibilities.
Consultant shall perform the Services in a skillful,professional and competent manner and in accordance
with the standard of care,skill and diligence applicable to Consultants performing similar services.
Consultant represents and warrants that it has the expertise and personnel necessary to properly perform
the Services and covenants that its professional personnel are duly licensed to perform the Services within
Colorado.This paragraph shall survive termination of this Agreement.
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Eagle County Prof Services Final 5,14
b. Consultant agrees to work in an expeditious manner,within the sound exercise of its
judgment and professional standards,in the performance of this Agreement. Time is of the essence with
respect to this Agreement.
c. This Agreement constitutes an agreement for performance of the Services by Consultant
as an independent contractor and not as an employee of County. Nothing contained in this Agreement
shall be deemed to create a relationship of employer-employee,master-servant,partnership,joint venture
or any other relationship between County and Consultant except that of independent contractor.
Consultant shall have no authority to bind County.
d. Consultant represents and warrants that at all times in the performance of the Services,
Consultant shall comply with any and all applicable laws,codes,rules and regulations.
e. This Agreement contains the entire agreement between the parties with respect to the
subject matter hereof and supersedes all other agreements or understanding between the parties with
respect thereto.
f. Consultant shall not assign any portion of this Agreement without the prior written
consent of the County. Any attempt to assign this Agreement without such consent shall be void.
g. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto
and their respective permitted assigns and successors in interest.Enforcement of this Agreement and all
rights and obligations hereunder are reserved solely for the parties,and not to any third party.
h. No failure or delay by either party in the exercise of any right hereunder shall constitute a
waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding
breach.
i. The invalidity,illegality or unenforceability of any provision of this Agreement shall not
affect the validity or enforceability of any other provision hereof.
j. Consultant shall maintain for a minimum of three years,adequate financial and other
records for reporting to County. Consultant shall be subject to financial audit by federal,state or county
auditors or their designees. Consultant authorizes such audits and inspections of records during normal
business hours,upon 48 hours'notice to Consultant.Consultant shall fully cooperate during such audit or
inspections.
k. The signatories to this Agreement aver to their knowledge,no employee of the County
has any personal or beneficial interest whatsoever in the Services or Property described in this
Agreement.The Consultant has no beneficial interest,direct or indirect,that would conflict in any manner
or degree with the performance of the Services and Consultant shall not employ any person having such
known interests.
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Eagle County Prof Services Final 5114
1. The Consultant,if a natural person eighteen(18)years of age or older,hereby swears and
affirms under penalty of perjury that he or she(i)is a citizen or otherwise lawfully present in the United
States pursuant to federal law,(ii)to the extent applicable shall comply with C.R.S.24-76.5-103 prior to
the effective date of this Agreement.
16. Prohibitions on Government Contracts.
As used in this Section 16,the term undocumented individual will refer to those individuals from foreign
countries not legally within the United States as set forth in C.R.S. 8-17.5-101, et. seq.If Consultant has
any employees or subcontractors,Consultant shall comply with C.R.S. 8-17.5-101,et.seq.,and this
Agreement. By execution of this Agreement,Consultant certifies that it does not knowingly employ or
contract with an undocumented individual who will perform under this Agreement and that Consultant
will participate in the E-verify Program or other Department of Labor and Employment program
("Department Program")in order to confirm the eligibility of all employees who are newly hired for
employment to perform Services under this Agreement.
a. Consultant shall not:
i. Knowingly employ or contract with an undocumented individual to perform
Services under this Agreement;or
ii. Enter into a subcontract that fails to certify to Consultant that the subcontractor
shall not knowingly employ or contract with an undocumented individual to perform work under the
public contract for services.
b. Consultant has confirmed the employment eligibility of all employees who are newly
hired for employment to perform Services under this Agreement through participation in the E-Verify
Program or Department Program,as administered by the United States Department of Homeland
Security. Information on applying for the E-verify program can be found at:
http://www.dhs.gov/xprevprot/programs/gc_l 185221678150.shtm
c. Consultant 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.
d. , If Consultant obtains actual knowledge that a subcontractor performing work under the
public contract for services knowingly employs or contracts with an undocumented individual,Consultant
shall be required to:
i. Notify the subcontractor and County within three (3) days that Consultant has
actual knowledge that the subcontractor is employing or contracting with an undocumented individual;
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
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Eagle County Prof Services Final 5.='14
employing or contracting with the undocumented individual; except that Consultant shall not terminate
the contract with the subcontractor if during such three(3)days the subcontractor provides information to
establish that the subcontractor has not knowingly employed or contracted with an undocumented
individual.
e. Consultant 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).
f. If Consultant violates these prohibitions,County may terminate the Agreement for breach
of contract. If the Agreement is so terminated specifically for breach of this provision of this Agreement,
Consultant shall be liable for actual and consequential damages to County as required by law.
g. County will notify the Colorado Secretary of State if Consultant violates this provision
of this Agreement and County terminates the Agreement for such breach.
[REST OF PAGE INTENTIONALLY LEFT BLANK]
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Eagle County Prof Services Final 5i 14
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth
above.
COUNTY OF EAGLE,STATE OF COLORADO,By
and Through Its COUNTY MANAGER
By: ,
e rent cFal,County Manager
CONSULTANT:
CLEAN ENERGY ECONOMY FOR THE REGION
d/b/a CLEER
By: 41410t
Print Name: Alice H. Laird
Title: Executive Director, CLEER
•
11
Eagle County Prof Services Final 5,14
EXHIBIT A
SCOPE OF SERVICES,SCHEDULE,FEES
12
Eagle County Prof Services Final 5/14
Exhibit A: �����
Building Energy Navigator and Active Energy Management:
Scope of Services and Estimated Costs CLEAN ENERGY ECONOMY FOR THE REGION
BUILDING ENERGY
Erica Sparhawk,Director of Programs and Services et-
Mike Ogburn,Energy Engineer
CLEER:Clean Energy Economy for the Region
(970) 704-9200
March 6,2015
Company ve ew
CLEER:Clean Energy Economy for the Region implements creative and award-winning
community-scale energy efficiency and clean energy programs that are based on a proven
methodology that combines the power of data and motivation of people.CLEER also works with
large facilities and fleet managers to achieve significant energy and cost savings.CLEER provides
the team of experts and state-of-the-art data tools that clients need to make buildings,fleets and
their community more energy efficient.
In this document,CLEER is providing information on the Building Energy Navigatortm to track
energy use and measure the results of energy upgrades,and the added benefits of direct training in
Active Energy Management for facility managers and building energy champions,which amplifies
energy savings through no-cost and low-cost operational changes.
Building Energy Navigatortm is a simple and effective tool for measuring energy use.The
Navigatortm website displays monthly utility bill data and/or live electric and gas consumption data
in a graphical format.It's easy to read and helps facility managers track energy use to enable
savings.
Building Energy Navigators offers two monitoring options:simple monthly utility bill tracking,and
live energy data monitoring in 15-minute increments.The live data inputs can include electricity by
kilowatt and kilowatt-hour,solar photovoltaic production,natural gas,boiler temperatures,solar
thermal production,and indoor and outdoor temperature tracking.Please visit
BuildingEnergyNavigator.com to view buildings tracking energy through the Navigator system.
General System Features
Building Energy Navigator is a hosted,web-based software program.System requirements to
access the software and data are simple:access to the Internet via a current web browser.The
Navigator operates smoothly on Firefox,Chrome,Safari and Explorer,and is viewable on mobile
tablets and smartphones.No log-in is required,although we can setup a log-in if privacy is desired
on some or all buildings.
Clean Energy Economy for the Region I P.O.Box 428 I Carbondale,Colorado 81623
(970) 704-9200 I www.CleanEnergyEconomy.net
The capabilities of Building Energy Navigator include:
• Monthly utility bill tracking and display(generally for smaller buildings)
• Live data collection with next-morning display(for large buildings and PV)
• Renewable energy offset(from monthly bills and from live data meters)
• Building energy summaries and comparisons for time periods selected by site viewer
• Energy use in BTUs,greenhouse gas emissions and dollars
MONTHLY DATA: For smaller buildings,utility bill data can be imported from paper copies,
scanned bills in PDF format,or utility-provided spreadsheets.Because of utility billing cycles,
timing of monthly feeds,data entry turnaround and display of a completed calendar month,data on
the Navigator usually lags behind real time by 90 days.Actual utility bills,provided through paper
or scanned copies,are subject to a data-entry fee.Monthly data Navigator displays are dependent
on a monthly feed of utility bills from the customer to CLEER.
Utility-provided spreadsheets,available from some energy utilities,can cut data entry costs in half
and saves clients the staff cost of handling and forwarding monthly utility bills.Spreadsheets must
contain all bill data,not just total usage and cost,in order to be effective.CLEER can assist in
working with your utility account manager to see if this is an option.
CLEER currently uses Utility Manager Pro as a back-end utility accounting database.It's a
proprietary software program for tracking and managing utility bills,including electricity,natural
gas,propane and water.It can also assist in locating potential billing errors.
LIVE DATA: For larger buildings,data-loggers are installed to measure a building's electric and/or
natural gas consumption in 15-minute intervals.If solar PV or solar thermal systems are present,
the data-logger also measures renewable energy generation.Because of the cost of installing data-
logging equipment,we recommend that it be used only in those buildings with more than$20,000
per year in utility costs.
Process for Live ata Collection at Eagle County:
1) Current Transformer or"CT"clamps are secured to electric wires to measure electricity flow.A
"voltage tap"provides additional information used for calculating energy flowing through wires.
2)The CT clamp contains a computer chip that sends data out via a pair of communication wires.
The communication protocol for Navigator is called"Modbus RTU",a standard method used in
commercial control applications.
3)A ObviusTM'Data Logger at each site receives and records information from the CT clamps via
communication wires.(The data-loggers and energy monitoring hardware we use are the Obvius
and Veris brands.These are industry standard devices that can be configured for integration with
many brands of building automation systems,including Trane,Alerton,ALC,Honeywell,Johnson
Controls and others.)
4)The IT Department at Eagle County provides,monitors,and maintains an Ethernet port
Building Energy Navigator Summary 3/06/2015 Page 2 of 8
(internet connection)for the Data Logger.Prior to install,IT reviews all devices added to county
ports. Putting the data logger on its own"v-LAN"is one way to separate them from other county
computer systems.
5)The Data Logger sends building energy information out to CLEER web servers via Internet using
a built-in"HTTP Post"function. The previous 24 hours of data is automatically pushed each night
to the Building Energy Navigator website,where it is available for viewing the following morning.
CLEER has no direct access into the County network With existing installations,that internet
access is provided via the County's ethernet system,or LAN(Local Area Network).When the device
(Data Logger)requires programming or troubleshooting,IT will typically allow the vendor to use
VPN to access the specific IP address of the device. To-date,CLEER has not required this and
Facilties Management staff has accessed the device IPs when needed from a ECG laptop.
Presentation of Utility Data
Reports are generated within seconds on the Navigator website based on the information tracked
at each site.By clicking different chart views,units of measure(BTUs,CO2,dollars)and time
periods,the user can view the energy use and generation data they need.
Live data is combined and presented in five time period display options:
• "Day"button:the previous day's data,from 12 a.m.to 11:59 p.m.,is the default.Viewers can
also use the"Prior"button to jump back one day at a time,compare that day to the same
date in the prior year,and use the"choose day"button to open a pop-up calendar and select
any prior date.
• "Week"button:the previous 7 days'data is the default.Viewers can also use the"Prior"
button to jump back one week at a time,compare that week to the same week in the prior
year,and use the"choose date"drop-down menu to select any prior week
• "Month"button:the previous 28 days'data is the default,with an automatic comparison to
the same 28 days a year earlier(adjusted so day-of-the-week data is aligned).Viewers can
also use the"Prior"button to jump back one month at a time,view the same 28-day period
in the prior year,and use the"choose date"drop-down menu to select any prior calendar
month.When choosing a specific month,all the days in that month are shown,ranging from
28 days to 31 days as appropriate.
• "Year"and"Multi-year"buttons are based on monthly bill data,and function like the
buttons described in the monthly bill data section above.
CHART SUMMARY:To the left of the chart,a separate column displays a Chart Summary that
calculates energy totals from the selected time period,depending on the type of data available.The
Chart Summary presents building energy data related to the selected chart in a visually appealing
"bottom line"format designed for decision-makers and the public.
ACCUMULATED SAVINGS: Building Energy Navigator has the ability to designate a base year for
comparison purposes.Once enabled,Navigator can then project what future energy costs would
have been each year after the base year.This feature will be valuable for proving the return on
investment,in terms of dollars and greenhouse gas emissions,for building energy upgrades carried
out after the base year.The Accumulated Savings function,which can be configured on a building-
by-building basis,takes into account:
Building Energy Navigator Summary 3/06/2015 Page 3 of 8
• Year-over-year changes in weather.The savings projections can be setup for natural gas
and/or electric data to be weather normalized,and by heating and/or cooling degree days.
• Fluctuations in energy prices as they change over time.
PUBLIC KIOSKS:Clients may also choose to install data-logging equipment in high-visibility public
buildings.
Support
The CLEER office in Carbondale is open 8:30 a.m.to 5:00 p.m.Monday through Friday,excluding
holidays.Most data problems can be dealt with promptly during office hours via telephone.CLEER
also offers on-site support,which must be scheduled in advance and is subject to CLEER's standard
hourly consulting fee.
SYSTEM SET-UP:
Monthly Data:CLEER starts by collecting a two-year utility bill history for each building,in the
form of archived paper or scanned copies,or by obtaining the client's permission to contact its
energy utilities to obtain this data.These bills are transmitted to CLEER's data entry contractor,
who enters a wide range of data from each monthly bill. CLEER staff reviews the data for errors
and gaps,and confirms with the client that bill data is associated with the correct building.CLEER
then uploads the data to the Navigator website for display.Starting use of the Navigator with two
years of historic data gives the client's pages immediate depth and credibility for viewers.It also
establishes an energy baseline and shows whether energy use is rising or falling.
Live Data:For buildings where live data tracking is desired,CLEER arranges a site visit with facility
staff to evaluate existing building systems and determine the correct data-logging equipment
needed.CLEER will work up an installation plan for facility staff,the client's IT department and its
preferred electrician.CLEER will order the equipment from the manufacturer,which will be
shipped to the client according to the installation plan.CLEER will visit the site again once the
electrician has installed the data-logger,and work with IT staff to connect the data flow to the
Navigator and make sure the system is working.
SYSTEM MAINTENANCE:
CLEER staff periodically pages through each client's Building Energy Navigator building pages to
spot errors,gaps or malfunctions.When problems emerge,CLEER works with the client to make
corrections.
Monthly Data:CLEER sends out a monthly email reminder to designated staff to send utility bills in
for data entry.On a monthly basis,designated client staff will send the latest utility bills to CLEER.A
single PDF of all bills received by the client since the previous month's bill submission is preferred.
If gaps arise in monthly utility data,CLEER will send additional alerts seeking specific bills or
contact the client's designated staff member.
Live Data:Building Energy Navigator automatically informs CLEER staff if a data-logger feed goes
down.When that happens,we'll contact the client's designated point person and work with them
them to correct the situation.This usually only occurs when an IT department changes server
Building Energy Navigator Summary 3/06/2015 Page 4 of 8
settings,or when a router or Internet connection is disconnected.We see very few other
disruptions in data flow.The data-logger's built-in software is very stable and the hardware we use
is supported well by manufacturers.
Training: Installation of the Building Energy Navigator system requires at least two training
sessions.The first training would be for key administrative staff,those who will be collecting and
submitting bill data and other staff who will be working with CLEER to keep the system up and
running.
The second training is tailored for a broader audience of client staff members,particularly building
and facility managers and building energy champions.This training will familiarize staff with a
hands-on tour of Building Energy Navigator.The training will also show how facility managers and
building occupants can use the tool to drive energy savings in their buildings.
Ongoing training can be provided on an as-needed basis,either on-site or via teleconference or
webinar.We want our clients to be successful in its efforts to become more energy efficient,and
would like to offer all the support needed to meet that goal.Additional trainings can be scheduled
and would be covered by CLEER's hourly pricing.
Pricing
Licensing: Building Energy Navigator is being offered as a"software as a service"website backed
up by the CLEER support team,not as a license.
Implementation fees: Bringing a new building onto Building Energy Navigator involves set-up
steps performed by CLEER that are billed as a one-time setup fee.The set-up fee includes inputting
two years of monthly utility bill history
One-time set-up Fee includes
fee,per building
Building with monthly bill tracking $500 Input of past 2 years of monthly bills*
Building with live data tracking $250 Monitoring installation of equipment&software
Building with monthly bills+live $750 Input of 2 years of bills&monitoring installation*
data
*Fee assumes one gas and one electric meter per building
Monthly Bill option:Utility bills are key to benchmarking and tracking energy use in buildings.
CLEER recommends inputting two years of data to provide a strong baseline that can be used to
guide the energy improvement process.We encourage utility bill tracking on any buildings with at
least$5,000 per year total annual energy spending.
Live Data option:Live monitoring makes sense on larger buildings where total annual energy
spending is$20,000 or more.CLEER can work with facility managers or conduct a site visit to
provide a detailed proposal with a breakdown of individual components and costs.Hardware costs
can be as low as$1,000 for simple situations,but the more typical hardware cost is$2,000 to
$3,000.In addition to hardware,the city will incur costs for an electrician's time and IT assistance.
Building Energy Navigator Summary 3/06/2015 Page 5 of 8
Provided below is a sample estimate.Some of these numbers could change depending on the
building and on energy utility charges for some features.A conservative estimate is$5,000 in
hardware and installation per building to bring live data to Building Energy Navigator.
LNE MONITORING OPTION-TYPICAL HARDWARE
Actual hardware will be tailored to match building needs: QTY Cost per unit Total
1 Obvius 8810 FLEX modbus datalogger plus 8 analog inputs 1 $1,400 $1,400
2 Veris 6812 CF-1600A-Main electrical service 3 $180 $540
3 Veris E51c2 power meter(one per CT set) 1 $550 $550
4 McMaster NEMA enclosure 1 $200 $200
5 Veris AH-04 fuses (one per CT set) 1 $130 $130
6 Veris 8035-100-2 CT-100A-Solar PV 0 $800 $0 optional,if Solar FA exists
7 Temperature sensors-indoor/outdoor/duct-mounted 0 $20 $0 optional,if needed
8 Gas pulses from natural gas meter-payable on gas bill 0 TBD $0 optional,varies by utility
9 BAC-net interface to push energy data into building controls 0 MD $0 optional
10 Electrician Installation 1
$1,000 $1,000 estimate
11 CLEER installation&commissioning;hourly+travel 8 $95 $760 estimate,billed as-incurred
SUBTOTAL $4,580
Training fees:As described in the training section,this is pricing for two,three-hour,in-person
trainings with designated members of your team.
Two in-person trainings: $600+Travel
Standard hourly consultation fee for CLEER team: $95
These can be incorporated into the AEM hourly allocations as well.
Monthly service package fees:
BuildingEnergyNavigator.com service Monthly Fee Annual Fee
packages
Building with monthly bill tracking* $45 $540
Building with live data tracking $60 $720
Building with monthly bills*+live data $80 $960
*Fee assumes one gas and one electric meter per building
Note:Monthly bill costs make up a portion of the Monthly Fee shown above and are incurred on a
per-bill basis when utility bills are sent to CLEER by Eagle County. Solar PPA bills or Solar REC
Credit"bills"count as an addition utility bill.Sending fewer bills reduces costs,and sending
additional bills or additional years of bill history triggers higher costs.
Additional information
The Active Energy Management advantage
Active Energy Management(AEM)engages and motivates people to use energy data,make
operational changes and learn energy conservation behaviors to achieve greater levels of energy
savings in buildings.Facility managers and building energy champions are the primary audience for
AEM training;ideally they will engage building occupants in energy-saving efforts.
Building Energy Navigator Summary 3/06/2015 Page 6 of 8
CLEER's proven Active Energy Management training can typically reduce energy use by 15 percent
in buildings where staff and occupants are actively engaged.Several facilities using CLEER's AEM
principles are saving 25 to 40 percent with no capital investment in HVAC equipment.
CLEER's Active Energy Management process
CLEER's team of experts works directly with the client's staff to move through the steps of Active
Energy Management training.CLEER staff would:
• Analyze the building's Navigator energy data,looking for trends and patterns.
• Conduct a building walk-through and interview with the facility manager to understand
building operations and occupants'needs.
• Produce a report with recommendations for no-cost and low-cost upgrades,operational
changes,and building control adjustments.This information helps facility managers use
building energy data to find opportunities and take action to achieve near-term savings.
• CLEER may also recommend deeper level analysis if needed.
• Facilitate the drafting of a building conservation plan in collaboration with the facility
manager and building occupants.Such a plan would include conservation actions that
occupants would participate in,such as eliminating personal refrigerators and under-desk
heaters,closing blinds on summer days and winter nights,and turning off lights in
unoccupied rooms.
• Provide ongoing technical assistance for the client's facility manager team.This could
include advising on spikes in energy data,planning for equipment replacement with high-
efficiency models,or fine-tuning building controls.
CLEER's AEM clients
Garfield Clean Energy 10 partners 100 buildings $500,000+annual savings
Colorado Mountain College 27 buildings Launched November 2013
Summit School District 10 buildings $100,000 savings in first year
Eagle County 3 buildings Launched in May 2013
Alpine Bank 2 buildings Saving 10%in energy costs+sub-
metering
Mesa County 3 buildings Launching in early 2014
Active Energy Management pricing
We require 20 hours of our team's time per building per year to seek out and plan for energy
savings opportunities,develop building conservation plans,and to provide regular reports and
training refreshers.We suggest the city start with Active Energy Management services for three to
five key buildings during the first year.
CLEER team fee:$95/hour 20 hours per year/per building:$1,900/building
CLEER has a proven track record in identifying low-cost and no-cost savings for public and private
clients,as well as helping them choose and manage energy upgrades,including lighting,heating,
cooling and renewable energy.
CLEER's Case Study Service
CLEER's team of communications experts assists clients in telling the story of energy savings
achieved through efficiency upgrades and active energy management.CLEER case studies report on
Building Energy Navigator Summary 3/06/2015 Page 7 of 8
actions that reduce energy consumption and the people involved in making those reductions
happen.
Written like a newspaper article and illustrated with photographs,a case study can be issued as a
media release or printed as a fact sheet for distribution.Documenting the work of your staff and
publicizing their successes will help your organization lead by example and inspire others.
Links to CLEER case studies on public building projects:
New Castle Wastewater Treatment Plant
http;//cleanenergy cono y.net/pdfs/case-studies/NewCastleWWTP-saving-energy.pdf
Parachute Town Hall
j?„ttp://cl-at.• •r- ��.•m;..veti3?d c. e- •ies P. achut--Nav'.ate .±df
Garfield County Riding Arena
http://cleanen rgyeconorny.netJpdfslcase-studies/PairgroundsRidingArena.pdf
Summit School District
http:/Jcleanenergyeconomy.netJpdfs/case-studiesjSummitSchoalDistrict.pit
Building Energy Navigator Summary 3/06/2015 Page 8 of 8
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EXHIBIT B
Insurance Certificate
13
Eagle County Prof Services Final 5/14
CERTIFICATE OF LIABILITY INSURANCE R001 NAP
3/2(6/2015)
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 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 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
NAME:
ASSURANCE RISK MANAGERS/PHS (A/CNNo,Ext): (866) 467-8730 FAX
(NC, (888) 443-6112
342238 P: (866) 467-8730 F: (888) 443-6112 ADDRESS:
PO BOX 33015 INSURER(S)AFFORDING COVERAGE NAIC#
SAN ANTONIO TX 78265 INSURER A: Hartford Casualty Ins Co 29424
INSURED INSURERB: Twin City Fire Ins CO 29459
INSURER C:
CLEAN ENERGY ECONOMY FOR THE REGION INSURER D:
PO BOX 428 INSURERE:
CARBONDALE CO 81623 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 NUMBER POLICY EFF POLICYEXP LIMITS
LTR INSR WVD (MM/DD/YYY}) (MM/DD/YYYH
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1, 000, 000
CLAIMS-MADE X OCCUR DAMAGE TO RENTED $300, 000
PREMISES(Ea occurrence)
A X General Liab x X 34 SBA PF4220 10/20/2014 10/20/2015 MEDEXP(Anyoneperson) $10, 000
PERSONAL&ADV INJURY $1, 000, 000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2, 000, 000
POLICY PE� X LOC PRODUCTS-COMP/OP AGG $2, 000, 000
OTHER:
S
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1000000
(Ea accident) r r
ANY AUTO BODILY INJURY(Per person) $
A ALL OWNED SCHEDULED X 34 SBA PF4220 10/20/2014 10/20/2015 BODILY INJURY(Per accident) $
AUTOS _AUTOS
X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE
AUTOS (Per accident) $
X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $1, 000, 000
A EXCESS LIAB CLAIMS-MADE 34 SBA PF4220 10/20/2014 10/20/2015 AGGREGATE $1, 000, 000
DED X RETENTION$10,000 $
WORKERS COMPENSATION PER OTH-
AND EMPLOYERS'LIABILITY X STATUTE ER
ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $100, 000
OFFICER/MEMBER EXCLUDED? N/A -
B (Mandatory in NH) 34 WEC PU7953 03/02/2015 03/02/2016 E.L.DISEASE-EA EMPLOYEE $100, 000
If yes,describe under - E.L.DISEASE-POLICY LIMIT '500,000
DESCRIPTION OF OPERATIONS below
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required)
Those usual to the Insured's Operations. Please see Additional Remarks
Schedule Acord Form 101 attached.
CERTIFICATE HOLDER CANCELLATION
EAGLE COUNTY, COLORADO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
ATTN: FACILITIES MANAGEMENT DEPARTMENT BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE
DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
500 BROADWAY AUTHORIZED REPRESENTATIVE
PO BOX 850
EAGLE, CO 81631
©1988-2014 ACORD CORPORATION.All rights reserved.
ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD
AGENCY CUSTOMER ID:
LOC#:
A ADDITIONAL REMARKS SCHEDULE Page of
AGENCY NAMED INSURED
ASSURANCE RISK MANAGERS/PHS
POLICY NUMBER CLEAN ENERGY ECONOMY FOR THE REGION
SEE ACORD 25 PO BOX 428
CARRIER NAICCODE CARBONDALE CO 81623
SEE ACORD 25 EFFECTIVE DATE: SEE ACORD 25
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM
FORMNUMBER: ACORD 25 FORMTITLE: CERTIFICATE OF LIABILITY INSURANCE
Eagle County, its associated or affiliated entities, its elected officials,
employees, agents and volunteers as Additional Insureds per the Business Liability
Coverage Form SS0008 attached to this policy. Waiver of Subrogation applies in favor
of the Certificate holder per the Business Liability Coverage Form SS0008 attached to
this policy. Coverage is primary and non-contributory per the Business Liability
Coverage Form SS0008 attached to this policy. Notice of cancellation will be provided
in accordance with Form SS1223 attached to this policy.
ACORD 101 (2014/01) ©2014 ACORD CORPORATION.All rights reserved.
The ACORD name and logo are registered marks of ACORD