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HomeMy WebLinkAbout108937 JOHNSON CONTROLS - CONTRACT - RFP - P1011 ENERGY PERFORMANCE SERVICESPROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and Johnson Controls, Inc. , hereinafter referred to as "Professional". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scooe of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of seven (7) pages, and incorporated herein by this reference. 2. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within twenty (20) days following execution of this Agreement. Services shall be completed no later than December 1, 2006. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in writing by the parties hereto. 3. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: With Copy to: Johnson Controls, Inc. City of Fort Collins City of Fort Collins Attn: Jared Schoch Attn: Steve Strickland Attn: Purchasing 10289 W. Centennial Road 700 Wood St. PO Box 580 Littleton, CO 80127 Fort Collins, CO 80521 Fort Collins, CO 80522 Contractor agrees to work diligently to assess validity of information provided and to confirm or correct the information as needed. e. Develop a Preliminary analysis of potential energy and water saving measures This list shall be compiled and submitted to Agency within 120 calendar days of the excution of this contract. 1) List relevant potential opportunities, whether cost-effective or not. Consider technologies in a comprehensive approach including, but not limited to: lighting systems, heating/ventilating/air conditioning equipment and distribution systems, controls systems, building envelope, motors, kitchen equipment, pools, renewable energy systems, other special equipment, irrigation systems, and water saving devices. 2) Identify measures which appear likely to be cost effective and therefore warrant detailed analysis 3) For each measure, prepare a preliminary estimate of energy or water cost savings including assumptions used to estimate savings. Meet with Agency to Present Preliminary findings prior to thorough analysis. Describe how the projected project economics meet the Agency's terms for completing the Technical Energy Audit and Proposal Contract. Discuss assessment of energy use, savings potential, project opportunities, and potential for developing an energy performance contract. Develop a list of recommended measures for further analysis. The Agency's rejection of calculations of savings, potential savings allowed, or project recommendations shall be at the risk of the Contractor. g. Establish base year consumption if an IPMVP option C is Planned. 1) Establish base year consumption by examining utility bills for the past three years for electricity, gas, steam, water, etc. Present base year consumption in terms of energy units (kWh, kW, ccf, Therms, gallons, or other units used in bills), in terms of dollars, and in terms of dollars per square foot. Describe the process used to determine the base year (averaging, selecting most representative contiguous 12 months, etc.). Consult with facility personnel to account for any anomalous schedule or operating conditions on billings that could skew the base year representation. Contractor will account for periods of time when equipment was broken or malfunctioning in calculating the base year. 2) Propose adjustments to the baseline for energy and water saving measures that will be implemented in the future. h. Analyze savings and costs for each energy and water saving measure 1) Follow the methodology of ASHRAE or other nationally -recognized authority following the engineering principle(s) identified for each retrofit option 2) Utilize assumptions, projections and baselines which best represent the true value of future energy or operational savings. Include accurate marginal costs for each unit of savings at the time the audit is performed, documentation of material and labor cost savings, adjustments to the baseline (if IPMVP option C is chosen) to reflect current conditions at the facility, calculations which account for the interactive effects of the recommended measures. 3) Use best judgment regarding the employment of instrumentation and recording durations so as to achieve an accurate and faithful characterization of energy use 4) Use markups and fees stated above in all cost estimates. 5) Develop a preliminary measurement and verification plan for each measure i. Prepare a draft Technical Energy Audit Report. The report provides an engineering and economic basis for negotiating a potential Energy Performance Contract between the Agency and the Contractor. The report shall be completed within 120 calendar days of the date of execution of this Contract. The report shall include: 1) Overview a) Contact information b) Summary table of recommended energy and water saving measures, with total design and construction cost, annual maintenance costs, the first year cost avoidance (in dollars and energy units), and simple payback c) Summary of annual energy and water use by fuel type and costs of existing or base year condition. d) Calculation of cost savings expected if all recommended measures are implemented, and total percentage savings of total facility energy cost. e) Description of the existing facility including square footage. f) Summary description of measures, including estimated costs and savings. g) Discussion of measures considered but not investigated. h) Conclusions and recommendations 2) Base year energy use if option C of the IPMVP is chosen a) Description and itemization of current billing rates, including schedules and riders. b) Summary of all utility bills for all fuel types and water c) Identification and definition of base year consumption and description of how established if option C of the IPMVP is chosen. d) Reconciliation of estimated end use consumption (i.e. lighting, cooling, heating, fans, plug loads, etc) with with base year (include discussion of any unusual findings if any) 3) Full description of each energy and water saving measure including: a) Written description (1) Existing conditions (2) Description of equipment to be installed and how it will function (3) Present the plan for installing or implementing the recommendation. b) Savings calculations (1) Base year energy use and cost if option C of the IPMVP is chosen. (2) Post -retrofit energy use and cost if option C of the IPMVP is chosen. (3) Savings estimates including analysis methodology, supporting calculations and assumptions used. (4) Annual savings estimates. The cost savings for all energy saving measures must be estimated for each year during the contract period. Savings must be able to be achieved each year (cannot report average annual savings over the term of the contract). (5) Savings estimates must be limited to savings allowed by the Agency as described above. (6) Percent cost -avoidance projected (7) Description and calculations for any proposed rate changes (8) Explanation of how savings interactions between retrofit options is accounted for in calculations. (9) Operation and maintenance savings, including calculations and description. Ensure that maintenance savings are only applied in the applicable years and only during the lifetime of the particular equipment. (10) If computer simulation is used, include a short description and state key input data. If requested by Agency, access will be provided to the program and all assumptions and inputs used, and/or printouts shall be provided of all input files and important output files and included in the Technical Energy Audit with documentation that explains how the final savings figures are derived from the simulation program output printouts (11) If manual calculations are employed, formulas, assumptions and key data shall be stated. (12) Conclusions, observations, caveats c) Cost estimate -- detailed scope of the construction work needed, suitable for cost estimating. Include all anticipated costs associated with installation and implementation. Provide specifications for major mechanical components as well as detailed lighting and water fixture counts. This is required for Colorado state agencies and higher education institutions per C.R.S. 24-30-2002(3). This is required for Colorado local governments per C.R.S.29-12.5-102(2). (1) Engineering/design costs (2) Contractor/vendor estimates for labor, materials, and equipment; include special provisions, overtime, etc., as needed to accomplish the work with minimum disruption to the operations of the facilities. (3) Permit costs (4) Construction management fees (5) Environmental costs or benefits (disposal, avoided emissions, handling of hazardous materials, etc.) (6) Note that all markups and fees stated in this Contract shall be used in the cost estimates, unless otherwise documented due to change in scope or size of project or other unforeseen circumstances. (7) Conclusions, observations, caveats (8) Other cost categories as defined above under "markups" in Section 3b above. d) Other (1) Preliminary measurement and verification plan, following the International Performance Measurement and Verification Protocol (IPMVP), explaining how savings from each measure is to be measured and verified (stipulated by Contract, utility bill analysis, end -use measurement and calculation, etc.). The Preliminary M&V plan shall follow the format provided in Exhibit C: Guidelines for Draft Monitoring and Verification Plan. (2) Complete appendices that document the data used to prepare the analyses. Describe how data were collected. Meet with Agencv to: Review the recommendations, savings calculations and impact of the measures on the operations of the facility. Describe how the projected project economics meet the Agency's terms for completing the Technical Energy Audit and Performance Contract Proposal. Discuss the willingness and capability of Agency to make capital contributions to the project to improve the economics of the overall project. k. Revise Audit as directed by Agencv. I. Prepare a Performance Contract Proposal (Term Sheet) In anticipation of Contractor and Agency entering into an Energy Performance Contract to design, install, and monitor the energy and water saving measures proposed in the Technical Energy Audit Report, Contractor shall prepare a proposal for terms to be incorporated in a Energy Performance contract to include: 1) Project Cost is the total amount Agency will pay for the project and Contractor's services. Costs must be consistent with maximum markups and fees established above. Costs may include but are not limited to: engineering, designing, packaging, procuring, installing (from Technical Energy Audit Report results); performance/payment bond costs; construction management fees; commissioning costs; maintenance fees; monitoring fees; training fees; legal services; overhead and profit; other markups. 2) Include a List of Services that will be provided as related to each cost. 3) Expected term of the Energy Performance Contract. 4) Description of how the project will be financed including available interest rates and financing terms, based on interest rates likely available to Agency at this time, and based on a 60-day and 90-day lock option. 5) Explanation of how the savings will be calculated and adjusted due to weather (such as heating and cooling degree days), occupancy or other factors. Monitoring and verification methods must be consistent with the International Performance Monitoring and Verification Protocol 2000. 6) Analysis of annual cash flow for Agency during the contract term. EXHIBIT B Payment for Audit: As given in the Model Technical Energy Audit & Project Proposal Contract of the RFP, (Attachment F): Agency shall have no payment obligations under this contract provided that CONTRACTOR and Agency execute an Energy Performance Contract within 90 days, or such longer period as the parties may mutually agree, after submission and acceptance by Principal Representative of the final Technical Energy Audit report and Project Development Proposal by CONTRACTOR to Agency. Should the CONTRACTOR determine any time during the Technical Energy Audit that savings cannot be attained to meet Agency's terms as set forth in the RFP, the Technical Energy Audit will be terminated by written notice of the CONTRACTOR to the Agency. In this event this Contract shall be cancelled and Agency shall have no obligation to pay, in whole or in part, the amount specified in this paragraph. Agency shall have no payment obligations under this Contract in the event that CONTRACTOR's final Technical Energy Audit report does not contain a package of energy and water saving measures which, if implemented, will provide the Agency with cash savings to meet the following terms: Sufficient to fund Agency's payments of all costs and fees associated with the Energy Performance Contract, including 1) the fee associated with the Technical Energy Audit, 2) any annual fees for monitoring and maintenance to the CONTRACTOR, 3) all monthly payments on a lease purchase agreement to finance the measures. Analysis will be based on proposed financing terms over a desired ten- to fifteen - year period, with a maximum financing period as specified under "Contract Term" below, and with a fixed rate of interest actually available to Agency. J a HNSON CONT LS Johnson Controls, Inc. Controls Group 507 East Michigan Street Post Office Box 423 Milwaukee, WI 53201-0423 Tel. 414/524 4000 DELEGATION OF AUTHORITY The undersigned, President of Johnson Controls, Inc., a Wisconsin corporation, pursuant to the authority vested in him by a certain resolution adopted by the Board of Directors of the Company on January 23, 1980, hereby authorizes Gary Kummer Regional Solutions Manager Northwest Region 10289 West Centennial Road Littleton, CO 80127 to perform, on behalf of the company, the acts described below: To execute and deliver any and all contracts for the performance of work, sale of goods, and furnishing of services, and any other instruments in connection therewith and in the ordinary course of business. This authority does not extend to: a. the execution of surety, performance or bid bonds; b. the signing of any notes, contracts, or any other agreement to borrow money in the name of the Company; and C. the signing, on behalf of the Company, of any deeds, abstracts, offers of purchase, or any other instruments pertaining to the purchase or sale of real property. This authority shall remain in full force and effect until revoked in writing by the President of the company. Signed and sealed at Milwaukee, Wisconsin, this 4th day of March 2005 . In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 4. Design. Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. .The Professional shall maintain commercial general liability insurance in the amount of $500,000 combined single limits, and errors and omissions insurance in the amount of $1,000,000. 5. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of Forty Five Thousand Eight Hundred Eighty One Dollars and Fifty Two Cents ($45,881.52). Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City -verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's actual reimbursable expenses. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. 6. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 7. Project Drawings. Upon conclusion of the installation project and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed for work requiring permitting. Drawings shall be of archival, prepared on stable mylar base material using a non -fading process to provide for long storage and high quality reproduction. "CD" disc of the as -built drawings shall also be submitted to the owner in and AutoCAD version no older then the established city standard. 8. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 9. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 10. Personal Services. It is understood that the City enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. 11. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 12. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. 13. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default upon receipt of written notice of default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 14. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 15. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 16. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "B", consisting of one (1) page, attached hereto and incorporated herein by this reference. THE CITY OF FORT COLLINS, COLORADO By: rla�t�� me B. O'Neill II, CPPO, FNIGP Directo urchasing & Risk Management JohnsQn,Controls, Iric. By ,/ Title: ku vn mtc-r, iL CORPORATE IESIDENT OR VICE PRESIDENT Date: —7 I t z- I b(, ATTES , (Corporate Seal) Corporate Secretary Donna L Stark My Commission Expires June12,2007 �OU471 ) ow. w. EXHIBIT "A" The Technical Energy Audit and Performance Proposal Contract shall be performed as described below: a. Process This will be an interactive approach in working with Agency, following these steps: 1) Preliminary Assessment of Needs and Opportunities a) Meet with Agency to establish interests, plans, problems, etc. related to facilities and operation of facilities. b) Collect data and background information on buildings, equipment and facilities operation c) Perform a preliminary walk-through of facilities and interview staff and occupants to identify potential measures d) Meet with Agency to present prelminary findings and establish agreement on measures to analyze 2) Preliminary Analysis of Measures a) Meet with the City to review Measaurement and Verification options and set initial M&V Plan b) Conduct a preliminary analysis of potential measures c) Meet with Agency to present preliminary findings and establish agreement on measures to further analyze 3) Further Analysis and Audit Report a) Further analyze measures b) Establish a bas year consumption if IPMVP option C is to be used. c) Develop a draft Technical Energy Audit Report d) Meet with Agency to present results e) Prepare final Technical Energy Audit Report 4) Performance Contract Proposal a) Develop performance contract proposal b) Meet with Agency to present results and negotiate final terms b. Scope Guidelines and Requirements 1) Scope of Work. This Energy Performance Contract is intended to focus on the following areas: a) Energy conservation measures and facility improvement measures in City facilities provided in Exhibit ??: Facilities List. b) Initial targeting list of facilities and measures that could meet the Leadership in Energy and Environmental Design for Existing Buildings (LEED EB) criteria. c) Facility parking lot lighting. d) Irrigation systems where facilities provide water for irrigation. e) Renewable energy sources. 2) Energy Performance Contract Term. The Energy Performance Contract Term shall have a term no greater than 25 years and no greater than the cost -weighted average lifetime of the equipment, as legislated by This is required for Colorado state agencies and higher education institutions per C.R.S. 24-30-2001(1)(d) ). This is required for Colorado local governments per C.R.S.29-12.5-101(3)(h). Agency's goal is for a term no greater than Desired Financing Term (12 years is typical unless major infrastructure improvements are involved) years. 3) Annual Guaranteed Energy and Cost Savings. The annual guarantee is required for the entire financing term, however Agency has the option to terminate the guarantee at any time after the first three years of the contract term provided the annual guaranteed energy and cost savings were achieved each prior year. This is required for Colorado state agencies and higher education institutions per C.R.S. 24-30-2001(1)(c). This is required for Colorado local governments per C.R.S.29-12.5-101(3)(c). The guarantee is based on cost savings attributable to all energy saving measures, and must equal or exceed all project costs each year during the contract period. Annual project costs include debt service, Contractor fees, maintenance services, monitoring services, and other services. 4) Contractor shall reserve up to 2% of annually guaranteed savings for Agency to hire an independent third -party professional to review the ESCO's monitoring and verification reports and advise Agency of compliance in monitoring and verifying savings. Note: Assume that this oversight would be 10% of the cost of the ESCO's m&v -- typically less than 1 % of the overall project cost 5) Excess Savings. Annual cost savings beyond the guaranteed minimum savings will be retained by Agency, and will not be allocated to shortfalls in other years. 6) Annual Savings Estimates: The utility and operational and maintenance cost savings for all measures must be estimated for each year during the contract period. This is required for Colorado state agencies and higher education institutions per C.R.S. 24-30- 2001(1)(b). This is required for Colorado local governments per C.R.S.29-12.5-101(3)(b). 7) Note: Insert section from Request for Proposals (Attachment A): Performance Contract Terms & Conditions 8) Allowable cost and savings factors approved for consideration. Agency will provide Contractor with sufficient guidance to develop savings estimates. a) Payment sources that can be negotiated: i) Energy and water cost savings ii) Agency material/commodity savings, including scheduled replacement of parts (only for years that these cost savings are applicable) iii) Outside labor cost savings, including maintenance contracts iv) Agency in-house labor costs v) Agency deferred maintenance cost vi) Offset of future Agency capital cost vii) Outside incentive funds (utility incentives, grants, etc.) viii)Any savings related to maintenance and operation of the facilities will be limited to those that can be thoroughly documented. b) The following items may be negotiated: i) Escalation rates that apply to each payment source. These are rates to be used in cash flow projections for project development purposes. Note: Check with your local utilities to ensure reasonableness. Also note that rates could vary in different years during the contract term. ii) Interest rates (municipal tax-exempt rates for public institutions) iii) Agency cash outlay (Agency's sole discretion) c) The following markup costs are disclosed to provide Agency with typical project costing approach for a project of similar scope and size. These rates will be used in the Technical Energy Audit and subsequent Energy Performance Contract, however, scope and size of project may change and necessitate a change in the markups provided below. Johnson Controls will apply a one-time mark-up of 15% for overhead and 10% for profit for this project that will be applied across all direct job cost categories that include: ✓ Material (Equipment, supplies, rentals) ✓ JCI Labor ✓ Subcontractor Labor d) Fees: Identify fees that you typically use in your pricing structure: FEES MARKUP YEARS APPLIED CATEGORY OF FEE HOW DETERMINED & USED ON FEE (one-time, annual, etc) (if any) Audit Contract $.06 cents per square foot -0- One-time fee (may be _applied inphases) 764,692 square feet X $.06 = $45,881.52 which is the total cost of the audit for the City facilities listed in the RFP. For the performance contracting, Johnson Controls will apply fees by Passing through direct costs with no mark-up for this project on the following categories: ✓ Mileage ✓ Bonds ✓ Permits ✓ Insurance For the Performance contract, the following categories are not marked -up or defined with a fee because they are included in the overhead mark-up associated with direct job costs. These include: ✓ Account management ✓ Performance guarantee ✓ Standard material / equipment warrantees ✓ Legal services ✓ Administrative work c. Collect data and background information from Agency concerning facility operation and energy use for the most recent three years from the effective date of this Contract as follows. 1) Building square footage. 2) Construction data of buildings and major additions including building envelope 3) Utility company invoices 4) Occupancy and usage information 5) Description of all energy -consuming or energy -saving equipment used on the premises, as available. 6) Description of energy management procedures utilized on the premises 7) Description of any energy -related improvements made or currently being implemented 8) Description of any changes in the structure of the facility or energy -using or water -using equipment 9) Description of future plans regarding building modifications or equipment modifications and replacements 10) Drawings, as available (may include mechanical, plumbing, electrical, building automation and temperature controls, structural, architectural, modifications and remodels) 11) Original construction submittals and factory data (specifications, pump curves, etc.), as available 12) Operating engineer logs, maintenance work orders, etc., as available 13) Records of maintenance expenditures on energy -using equipment, including service contracts 14) Prior energy audits or studies, if any Agency agrees to work diligently to furnish Contractor, upon request, accurate and complete data and information as available. Where information is not available from Agency, Contractor will make a diligent effort to collect such information through the facility inspection, staff interviews, and utility companies. Contractor agrees to work diligently to assess validity of information provided and to confirm or correct the information as needed. d. Identify Potential measures 1) Interview the facility manager, maintenance staff, subcontractors and occupants of each building regarding: a) Facility operation, including energy management procedures b) Equipment maintenance problems c) Comfort problems and requirements d) Equipment reliability e) Projected equipment needs f) Occupancy and use schedules for the facility and specific equipment. g) Facility improvements — past, planned and desired 2) Inspect major energy -using equipment, including lighting (indoor and outdoor), heating and heat distribution systems, cooling systems and related equipment, automatic temperature control systems and equipment, air distribution systems and equipment, outdoor ventilation systems and equipment; exhaust systems and equipment; hot water systems, electric motors, transmission and drive systems, special systems (kitchen/dining equipment, etc.), renewable energy systems, other energy using systems, water consuming systems (restroom fixtures, water fountains, irrigation systems, etc.) 3) Perform "late -night" surveys outside of normal business hours or on weekends to confirm building system and occupancy schedules, if deemed necessary. 4) Develop a preliminary list of potential energy and water saving measures. Consider the following for each system: a) Comfort and maintenance problems b) Energy use, loads, proper sizing, efficiencies and hours of operation c) Current operating condition d) Remaining useful life e) Feasibility of system replacement f) Hazardous materials and other environmental concerns g) Agency's future plans for equipment replacement or building renovations h) Facility operation and maintenance procedures that could be affected i) Capability to monitor energy performance and verify savings Agency will allow Contractor reasonable access to facility staff to ensure understanding of existing systems and opportunities.