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
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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.
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City Clerk
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