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HomeMy WebLinkAbout2015-064-07/07/2015-APPROVING AN EXCEPTION TO THE USE OF A COMPETITIVE PROCESS FOR A CONTRACT WITH POSITIVE ENERGIES, LL RESOLUTION 2015-064 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN EXCEPTION TO THE USE OF A COMPETITIVE PROCESS FOR A CONTRACT WITH POSITIVE ENERGIES, LLC FOR THE DESIGN AND CONSTRUCTION OF A HYBRID DC POWER MICROGRID ELECTRICAL SYSTEM FOR THE UTILITIES ADMINISTRATIVE BUILDING WHEREAS, the City is building a 37,500 square foot Utilities Administration Building at 222 LaPorte Avenue ("Building") and has awarded the contract for the Building's design and construction to the general contractor Adolfson and Peterson in accordance with the City competitive purchasing process; and WHEREAS, a transformational and innovative electrical systems approach using a hybrid direct current power microgrid which, if needed, is also able to operate using alternating current grid power ("DC Microgrid") has been selected for implementation in the construction of the Building that will deliver services to customers in an environmentally and socially responsible way and result in the best economic choices for the long term; and WHEREAS, the DC Microgrid incorporates direct current energy performance, direct current end use devices, and solar photovoltaic systems and battery storage, all of which will result in achieving, at a minimum, a LEED Gold certification for the Building; and WHEREAS, the DC Microgrid will feature optimal orientation for daylighting, a high performance envelope and window system, and high efficiency water loop heat pumps for heating and cooling with future connections for a shared ground source system, among other benefits; and WHEREAS, the energy and innovation benefits of this alternative approach aligns with the mission and goals of the City's Climate Action Plan; and WHEREAS, the preliminary design for the DC Microgrid to be used for the Building has been completed by Positive Energies, LLC ("Pos-En"), a Fort Collins based company; and WHEREAS, the City's Purchasing Agent and other City staff have identified a number of reasons that it will be more beneficial to the City if the Purchasing Agent negotiates and awards the contract for the final design, construction and performance testing of the DC Microgrid for the Building ("Contract") to Pos-En on a non-competitive basis rather than use the City's competitive bidding process for this contract; and WHEREAS, these reasons include: (i) that the field of qualified firms with demonstrated experience designing and implementing commercial scale DC Microgrids is very limited, (ii) Pos-En is a Fort Collings based company that has completed the preliminary design for the DC Microgrid, (iii) Pos-En is the only firm that can complete the final design, construct and performance testing of the DC Microgrid without negatively impacting the project schedule for the Building, (iv) Pos-En has agreed in the Contract to a not-to-exceed price of$1.22 million which is 6% less than estimated price for the traditional AC power system for the Building and - 1 - within the City's total capital budget for the Building, and (v) there is a benefit to having a single responsible party for the design, construction and performance testing of a complete DC Microgrid electrical solution for the Building; and WHEREAS, City Code Section 8-161(d)(1)b. authorizes the Purchasing Agent to award a contract for material, professional services or other services without competition, although there exists more than one responsible source, if a competitive process cannot reasonably be used or, if used, will result in a substantially higher cost to the City, will otherwise injure the City's financial interests or will substantially impede the City's administrative functions or the delivery of services to the public; and WHEREAS, the Purchasing Agent has determined that the single source exception is in the City's best interest and appropriate for this Contract in order to maximize the benefits to the City while minimizing risks to the City that can exist with an innovative system like a DC Microgrid; and WHEREAS, as required by City Code Section 8-161(d)(2), the Purchasing Agent has submitted this determination to the City Manager, and the City Manager has approved it; and WHEREAS, City Code Section 8-161(d)(3) requires prior approval of this purchasing method by the City Council for all procurements which exceed Two Hundred Thousand Dollars ($200,000.00). NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Council hereby adopts as its findings the recitals set forth above and approves the City entering into the Contract with Pos-En for the final design, construction and performance testing of a DC Microgrid for the new Utilities Administration Building and to do so as an exception to the City's competitive procurement requirements for the reasons set forth herein. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 7th. day of July, A.D. 2015. FORT�A0� �..: :2 U` SEAL 2N Mayor ATTEST:: NLot Rp00 City Clerk - 2 -