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HomeMy WebLinkAboutRFP - P1011 ENERGY PERFORMANCE SERVICESADDENDUM No. 1 it =0f iQrt Collins wr SPECIFICATIONS AND CONTRACT DOCUMENTS Description of RFP: P1011 Energy Performance Contracting Services OPENING DATE: 3:00 P.M. (Our Clock) March 29, 2006 To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. ♦ Preproposal sign -in sheet (attached) ♦ Firms are to submit seven (7) copies of their proposal but can provide two (2) copies of their sample audit. ♦ Attachment E: Technical Facility Profile (attached) ♦ Energy -using Systems Description *Control System: Additional information on the use of Johnson Controls BAC (Building Automation Controls) used within the City of Fort Collins facilities. Approximately 12 of the listed buildings in the Building Profile attachment of the ESCO RFP are partially or completely controlled using either Johnson Controls Metasys front end or Johnson Controls Network Automated Engine (Internet Based) system. The range of field installed controllers is from FPU's, DSC 8500's , ASC family of controls, and DX9100 family of controls. We are actively migrating away from the older FPU / DSC 8500 systems. A normal footprint of how buildings and equipment are controlled is the following: • Boilers, built up air handlers, and chillers are usually controlled via DX9100 controllers. • Roof top HVAC units and VAV systems are controlled by ASC (Application Specific Control) comprised of HVAC, UNT, and VMA controllers. • We are also monitoring current and kw usage on some equipment via Hawkeye CT devices that are addressable on the Johnson N2 bus. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. 215 North Mason Street • 2e' Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • Fax (970) 221-6707 www.rceov.com Attachment A: Special Contract Terms and Conditions INSTRUCTIONS AND ADMINISTRATIVE INFORMATION Schedule of Activities Deadline MST RFP Issued February 10, 2006 Site Visit February 22, 2006 Prospective bidder's written inquiries March 8, 2006 Proposal Submission March 29, 2006 PROCESS Site Visit: A site meeting and tour of the facilities will be held prior to the proposal due date. The site visit is optional. No follow-up tours, additional access to buildings, or alternative dates for tours will be allowed unless offered to all respondents DATE: February 22, 2006 TIME: 9:00 AM to 11:00 AM LOCATION: Training Room at Operation Services Building 117 N. Mason St. Fort Collins, Co. 80521 Review of Written Proposals: Proposals must be prepared as described in Attachment C: Contractor Response. Technical Energy Audit and Project Proposal Phase: Technical Energy Audit and Project Proposal Contract. A Technical Energy Audit and Project Proposal Contract will be negotiated as presented in Attachment F: The City of Fort Collins Professional Services Agreement and Model Technical Energy Audit (also see Attachment A: Special Contract Terms and Conditions). Construction/Implementation/Commissioning and Financing Phase: Energy Performance Contract. Following successful completion and acceptance of the Technical Energy Audit and Project Development Contract, an Energy Performance Contract will be negotiated to implement the projects, as given in Attachment G: Model Energy Performance Contract and City of Fort Collins General Conditions (also see Attachment A: Special Contract Terms and Conditions). Any or all performance contract agreements may be denied. Attachment A: Special Contract Terms and Conditions OVERVIEW The City of Fort Collins (hereinafter referred to as Agency) seeks proposals from Energy Services Companies (Contractor) to conduct a technical energy audit of facilities and implement an Energy Performance Contract. The Contractor will identify and implement building improvements to reduce energy and related costs in facilities, such that annual cost savings are applied to annual payments for improvements. The City has performed an initial feasibility review "Final City Energy Financing Report" which is attached. The contracting process has three phases: • Technical Energy Audit and Project Proposal Phase: A contract for the Technical Energy Audit will be developed with the selected Contractor. This investment grade audit will identify and evaluate cost -saving measures and define the proposed project scope, cost, savings and cash - flow over the proposed financing term. A project proposal will present aggregated measures that can be financed through guaranteed savings. • Construction/Implementation/Commissioning and Financing Phase: An Energy Performance Contract will be negotiated following the audit. This establishes the project scope and costs, and provides for construction and follow-up services to be provided during the financing term. A separate financing agreement will be developed. • Post -Construction Guarantee/Monitoring Phase: After construction, the Contractor will offer a variety of services to ensure savings are met, such as a savings guarantee, staff training, follow- up monitoring, and contract maintenance services. STATEMENT OF WORK Contractor Services: Contractor must have the demonstrated capability in engineering and management to provide a broad range of services. Services may include but are not limited to the following: • Technical Energy Audit and Project Proposal Phase • technical energy audit to evaluate costs and savings of a variety of energy and water - saving measures • project proposal including financial analysis • benchmarking using Energy Star tools • monitoring and verification plan • evaluate available utility incentives • Construction/Implementation/Commissioning and Financing Phase • engineering design • equipment procurement and purchasing • construction management • hazardous waste disposal or recycling • ability to arrange financing • commissioning • Guarantee/Monitorng Phase • continuing operations and maintenance for all improvements • staff training on routine maintenance and operation of systems • training of occupants • guarantee of performance and cost savings for the entire term of the contract • monitoring and verification for measurement and reporting of the performance and savings Attachment A: Special Contract Terms and Conditions • provide for independent review of monitoring & verification (guaranteed savings pay for independent Contractor) • analysis and application for Energy Star Label and/or LEED-EB (Leadership in Energy and Environmental Design for Existing Buildings, by the US Green Building Council) • monitoring and reporting of emissions reductions • maintaining long-term, high -efficiency performance of buildings CONTRACTOR must have the technical capability to address a broad range of systems including, but not limited to: • Mechanical Systems: Heating, ventilating and air conditioning (HVAC) systems, energy management and control systems, domestic hot water systems, distribution systems, etc. • Lighting systems: Indoor and outdoor lighting systems, lighting controls, daylighting strategies. • Building envelope systems: Windows, insulation, weatherization, etc. (It is recognized that window replacements are rarely cost-effective, but could be considered as part of a comprehensive plan.) • Specialty Systems: laundry equipment, kitchen equipment, pool systems, renewable energy systems. • Water and Sewage Systems: automatic controls, low -flow faucet aerators, low -flow toilets, cooling tower modifications, pool covers, and irrigation system controls or modifications. Standardized Process: • Rebuild Colorado Support: Agency has requested the support of Rebuild Colorado in this project. The Rebuild Colorado program of the Governor's Office of Energy Management and Conservation will work with Agency in all phases of the performance contracting process, providing the following assistance in: developing a performance contracting project, developing and negotiating the audit contract, reviewing the technical audit report regarding cost and energy savings estimates, reviewing and advising on the monitoring and verification plan, developing the performance contract and providing negotiating assistance, and providing on -going support. • Standardized documents: Procurement and contracting documents and processes have been developed for use by Colorado state and local governments, as developed by the Governor's Office of Energy Management and Conservation, the Department of Personnel and Administration's State Buildings and Real Estate Programs, the Office of Attorney General, and other state department specialists. Buildings. Facilities and Approach All facilities owned, managed or operated by Agency at any time during the term of the performance contract will be considered for this work. Specific facilities now operated by Agency are listed in Attachment E: Technical Facility Profile. Additional facilities not yet identified that are under the jurisdiction of the Agency at any time during the term of the performance contract can be included in the scope of work in a contract amendment. Work may be conducted in phases where the detailed scope of work can be developed at any time during the term of the performance contract. The performance contract can be amended at any time during the initial performance contract term to address other buildings or new projects. Agency reserves the right to reduce the scope of work, to conduct the work in phases or to segment work in facilities based on technological improvements. Attachment A: Special Contract Terms and Conditions ATTACHMENT A: SPECIAL CONTRACT TERMS AND CONDITIONS Contract Documents: The Fort Collins Professional Service Agreement and Model Technical Energy Audit (M) and the Model Energy Performance Contract with City of Fort Collins General Conditions (Attachment G) will be used. Payment for Audit: As given in the Model Technical Energy Audit & Project Proposal Contract (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. Fundina sources to support annual Davment The following payment sources will be considered in the audit: • Annual energy cost savings • Annual water and other utility cost savings • Material/commodity savings, only in years when savings are achieved, including avoided costs such as lamp and ballast replacements, scheduled replacement of parts, etc. During negotiations, Agency may consider savings to include the following: • Maintenance cost savings such as terminated service contracts on equipment. • Labor cost savings, in-house. Equity cash outlay: • At option of Agency, an equity cash outlay may be used to supplement savings Maintenance and operation cost savings: Savings will be limited to those that can be thoroughly documented and approved. Such savings must only be attributed to the cash flow in years when savings will actually occur. Attachment A: Special Contract Terms and Conditions Contract Term: The contract term is up to 25 years provided the cost -weighted average lifetime of the equipment exceeds the contract term, however a lesser term of 12-15 years is typically desired. This maximum term is established for Colorado Political Subdivisions per CRS 29-12.5-101(3)(h). The ASHRAE Book of Standards will be used in determining the cost -weighted average useful life of the equipment. Annual Savings Exceed Annual Costs: Annual savings shall exceed annual payments each and every year while the performance guarantee is in effect. This means that excess savings in other years and interim savings during the construction period will not be allocated to meet shortfalls in any year. Annual payments include debt service, Contractor fees, maintenance services, monitoring services, and other services. This is required for Colorado Political Subdivisions per CRS 29-12.5-101(3)(b). Annual Guaranteed Cost Savings: An annual contractual guarantee will be provided for the first three years of the contract, however, the guarantee shall be made available as a continued option for each subsequent year of the contract term. The Agency can cancel the guarantee at any time after the required period. The guarantee must provide for the sum of identified cost savings to equal or exceed the amount of the annual payment, where annual payment equals lease plus monitoring & verification fee plus required service, each and every year while the guarantee is in effect. This is required for Colorado Political Subdivisions per CRS 12-5- 101(3)(a-c). Interim Savings during Construction Period: Savings accrued during the construction period will not be allocated to the annual savings of any year. See "Annual Savings Exceed Annual Costs" above. Excess Savings (beyond the guaranteed amount): Excess savings will be retained by Agency and will not be allocated to shortfalls in savings in other years. See "Annual Savings Exceed Annual Costs" above. Use of Stated Cost Markups: The individual cost markups disclosed in the proposal will be used in both the Technical Energy Audit and the Energy Performance Contract, provided the size and scope of the project remain similar. Cost markups presented in the proposal can be negotiated downward. Open Book Pricing: Open book pricing will be required, such that the CONTRACTOR will fully disclose all costs, including all costs of subcontractors and vendors. CONTRACTOR will maintain cost accounting records on authorized work performed under actual costs for labor and material, or other basis requiring accounting records. CONTRACTOR will provide access to records and preserve them for a period of three (3) years after final payment. Costs will be evaluated through price analysis to compare costs with reasonable criteria such as established catalog and market prices or historical prices. Stated cost markups will be clearly applied. Contingency: Any unused contingency cost will not be retained by the CONTRACTOR and will be applied to the project. Equipment Compatibility or Standardization: All equipment installed that is comparable to similar equipment at the facilities, shall offer compatibility with existing systems, and/or be of the same manufacturer for standardization of equipment agency - wide, unless excepted by Agency. The City uses a Johonson Control System, other systems may be proposed based on compatibility or replacement of the entire existing control system. Attachment A: Special Contract Terms and Conditions Annual Appropriations: Annual payment is subject to annual appropriations. This is required of all Colorado state and local governments. Inflation and Escalation Rates: Any inflation rates will be pre -approved by Agency. Energy Escalation Rates: Where the annual lease -purchase payments are set-up to escalate each year in anticipation of annually escalating energy cost savings, a calculator will be used to determine the maximum value as developed by the US Department of Energy for energy saving performance contracts in its Federal Energy Management Program. The tool is on-line at: http://www.eere.energy.aov/femp/techassist/softwaretools/softwaretools.html (EERC). Monitoring and Verification Plan: A monitoring and verification plan will be developed per guidelines in the energy performance contract. Note that where Rebuild Colorado is providing services this will be rigorously reviewed. Independent Review of Monitoring & Verification: The energy performance contract must provide for a portion of the guaranteed savings for Agency to contract with an independent monitoring & verification specialist to provide an independent review of the CONTRACTOR's monitoring & verification plans and reporting. This is estimated to be 10 percent of the CONTRACTORS monitoring & verification costs. Electronic Submittal of RFP Response: The selected CONTRACTOR must provide an electronic copy of the RFP response, in Word format, in a single file. Attachment C: CONTRACTOR ATTACHMENT C: CONTRACTOR RESPONSE • An electronic copy of this RFP section is available for easier preparation • Please number and re -state each subheading or question, followed by your response • Number all pages A. FIRM'S GENERAL APPROACH TO PERFORMANCE CONTRACTING Describe performance contracting from your firm's perspective, describing your phases and your firm's ability to support each of the phases. Generally, this description will include references to auditing, financing, construction, commissioning, monitoring & verification, maintenance support, staff/occupant training, guarantee, etc. (1-5 pages; brevity is desired) B. QUALIFICATIONS OF THE FIRM OR TEAM 1) Background Information on the Firm a) Structure and Evolution of Firm. i) Type of firm (corporation, partnership, sole proprietorship, joint venture); Name of parent company if applicable (include the name, main office address and parent company's tax identification number). Name of division or branch office if applicable; Name of current firm and number of years operating under this firm name; Former firm names if applicable and corresponding years in operation. Structure of team if this is a joint venture. ii) Years in Energy Business. State the number of years your firm has been involved in the energy -efficiency related business. iii) Years in Performance Contracting. State the number of years your firm has offered performance contracting services. iv) Number of Performance Contracting Projects. State the number of performance contracting projects completed by your firm. Number under $1 million. Number over $1 million. b) Financial Qualifications & Stability of Firm i) Financial Soundness. Describe the financial soundness and stability of the firm. ii) Profitability. Has your firm or parent company been profitable each year for the past three years? iii) Financial Report. Submit the most recent annual summary (1-3 pages) of the annual Statements of Financial Conditions, including balance sheet, income statement and statement of cash flows, dated within the past twelve (12) months, along with name, address, and the telephone number of firm(s) that prepared the Financial Statements. iv) Bonds. What is your current bonding capacity? What is your current bonding rate? What is your firm's bond rating? Is your firm currently bondable for: 100% of a payment bond for construction of this project, 100% of a performance bond for construction of this project? Include a letter from a licensed surety as evidence of ability to bond for each of these categories. c) NAESCO Accreditations and other Pre -Qualifiers. i) State if your firm is accredited by industry organizations, such as the National Association of Energy Service Companies (NAESCO), or pre -qualified for work Attachment C: CONTRACTOR Response through the U.S. Department of Energy for federal facilities or the U.S. Department of Defense. Describe the relevance or importance of any accreditations or pre - qualifications with regard to this project. ii) Compliance with Requirements iii) Affirm your ability to meet requirements: "Yes, this firm or team responding to this proposal understands the requirements specified in Attachment A: Special Contract Terms and Conditions, Attachment F: The City of Fort Collins Professional Services Agreement and Model Technical Energy Audit, and Attachment G: Model Energy Performance Contract and City of Fort Collins General Conditions and can abide by them." C. PROJECT HISTORY 1) Proiect List. i) List all energy performance contracts that your firm or personnel have managed within the last five years. Include list as shown below. Truncate the list at one page. 2) Performance Contracting Projects Project Name City, State Total Project $ Year completed i) All projects listed should be those conducted only by your firm. If you deem it relevant to list projects under contract to a different firm, clearly identify the name of firm responsible for the project and indicate why you're including it as a reference for your company and for this project. 3) Other Projects (only if deemed relevant to this project) If desired, also list related projects deemed relevant to this work, particularly those managed in the state. Project Name Project Type City, State Total Project $ Year Constructed 4) Case Studies — Proiect Performance. Provide detailed information on performance contract -based projects you want to showcase that have similarities to work related to this proposal. Similarities could include type/use of building, size of individual buildings, size of total expected project, technical scope of projects, geographic region (work in this state or similar type of metro/rural region). Include the following information on each project, as a minimum (no preferred format): Attachment C: CONTRACTOR Project Owner. • Name: Name of state department, university, school district, office building, etc. • Location: city/state • Contact Information: Names and contact information of owner(s)' representatives who can serve as references. Project Information: • Type of Project: performance contract; other • Project Size: Number of buildings, total square footage, total contract amount and the total project capital cost. • Financing: Type of financing used and grants/rebates, etc. Describe your involvement in securing funds. • Project Implementation Dates: Date of audit beginning and acceptance, and construction start and acceptance. • List of Improvements: Type of retrofits and operational improvements related to energy, water and other cost savings. • Project Performance: State amounts of projected annual savings, guaranteed annual savings, and actual annual savings. • Project Personnel: State the name(s) of individuals involved in the project and their role. Note if these personnel are assigned to Agency's project. • Comments: Comment on any special features, services, conditions, creative approaches, special needs of Agency, etc. that may be of interest. All projects listed should be those conducted only by your firm. If you deem it relevant to list projects under contract to a different firm, clearly identify the name of firm responsible for the project and indicate why you're including it as a reference for your company and for this project. 5) Relevant Experience - Overview of Strengths Briefly summarize your project histories to define your firm's strengths and the relevance of past work to this project (experience similar to this project in terms of size, scope, facility type; experience with types of retrofits applicable to this project; etc.). D. PERFORMANCE CONTRACTING CAPABILITY & TECHNICAL APPROACH 1) General Scope of Services Following is a minimum scope of services acceptable to compete for an energy performance contract. Add a brief comment for each item (25 words or less preferred) to demonstrate your capability for each. a) Expertise in energy systems in buildings (include local project name and date for each): i) Lighting (indoor & outdoor) ii) Heating iii) Ventilation and indoor air quality iv) Cooling v) Controls systems vi) Water -using systems (indoor plumbing; outdoor irrigation) Attachment C: CONTRACTOR Response vii) Other (central plants, distributed generation, kitchens, laboratories, laundry, pools, renewables, fuel switching, daylighting, as deemed potentially applicable for this project). b) Experience and capability in: i) Energy auditing (identify potential energy -saving measures, determine savings projection based on standard energy engineering principles; estimate project costs; present package of measures with cash flow) ii) System design engineering (mechanical, electrical) iii) Procurement, bidding iv) Construction v) Commissioning of projects and retro-commissioning of existing buildings vi) Project management vii) Measurement and verification of savings viii) Asbestos identification and abatement as applicable c) Ability to provide: i) Performance guarantee for every year of the financing term ii) Insurance per contract requirements iii) Equipment warranties iv) Financing partner with ability to provide a municipal, tax-exempt lease purchase v) Hazardous material handling vi) Performance monitoring vii) Training (maintenance staff, occupants) viii) Long-term maintenance services on energy systems ix) Application for an Energy Star Label and LEED certification. x) Calculation and reporting of emissions reductions 2) Performance Contracting Technical Approach a) Performance Guarantee. How is a performance guarantee provided (self -guarantee or third party) and describe the value of this approach? b) Insurance. How is insurance provided (self -guarantee or third party) and describe the value of this approach? c) Warrantees. Who provides warrantee service (CONTRACTOR or manufacturer)? How is this provided? Describe the value of this approach. d) Standards of Comfort. Describe standards of comfort that are generally used for light levels, space temperatures, ventilation rates, etc. in the intended facilities. Describe any flexibility. e) Baseline Calculation Methodology. Describe in detail the methodology your firm normally uses to compute baseline of energy and water use as well as performance. f) Project Schedule. Comment on your ability to meet the schedule and the reasonableness of the schedule. 3) Sample Technical Audit. a) Submit a sample technical audit conducted by your firm for a similar project (as directed in the Proposal Submittal Information). b) Briefly describe this sample audit. It should be representative of the type of facility and the type of audit that will be conducted. c) Verify that this audit includes detailed energy and economic calculations. d) Verify that it was conducted by a current member of the team proposed for this project. ATTENDANCE RECORD PREBID CONFERENCE Project: Energy Performance Contract Time: Date: 2/22/06 PRINT PRINT ADDRESS TELEPHONE FAX # E-MAIL ADDRESS NAME FIRM NAME kesite Lofocjue 3�ewags 8(43. TCC11n0103tes utto tlAev- Ploy'. Susie 100 303-S68-7(y8 ,303 s6S-73R1 Iu��N.ia�oer�uCaisiemehs.e k:& le+av, , CO 801a7 303 6 3d - OS3S 516ME'A%S �ull:�iaG %$/Zi suPFfd1. �WY /�� %% /1�J 1�w�50� ��ua�oc.GiEs Su rIF / �� 3�3 �� $ 7/Z23-568 i39 PyA r �. IiANSa� @SicrM6N5• . Crr.�`rvaCO $Q/Z7 (�ON CC�i �uvv�kt C �i+e 6gsteoi-5, �vcl7 w 3� �4d� ��2Ht/�erC'e poZ# 720 Y 77 9333 7zo 9 77 933y cy�'Gurr�utc�co� Y3 ,wt9.v YL vo. raT 3sO O�-Y-/�c+� /<c� OA`MCta✓Gi� �3szz.� �GNI?5 /'�G�o1Me� floo ldaVdA41 wbArtnPs® buatis L? Ali UQ hh (a5 ka4a 40-1 C r4y 64114 8/4 - s 2 z-19 S1(e -FZZ-jot ►s cd , CO`ti 9Ya7 �' w�7 4trce-OtrCO �liv-l�T^`%Yw dLZ�3o.2`% lv��tMcc/.cow� iYl�kc Ha-1� Znaj,j c�C P.�, n,,,x !4>gb-3 3�3 „9 7Za:3o4.381 h m4i l 45,. e r r1 6o�id,� co �v�v a w Attachment C: CONTRACTOR 4) Site -Specific Approach a) Types of Services: Summarize the scope of services (auditing, design, construction, monitoring, operations, maintenance, training, financing, etc.) identified for this project. b) Potential Projects: Based on your preliminary assessment of the information provided, describe any equipment modifications, installations or replacements at the facility that your firm would consider installing as a part of this project. Address energy, water and operation and maintenance opportunities. Also describe any special features, renewable technologies, or advanced technologies that might be applicable. Describe any special features or services associated with your proposed improvements that would add value to Agency. Describe your approach to achieve compatibility (such as open systems) and/or standardization of equipment in the facilities to be addressed. E. MANAGEMENT AND STAFFING FOR THIS PROJECT This section applies to this project, with an emphasis on local capability/service. 1) Management a) Coordination. Describe your firm's approach to managing this project. Include an organizational chart showing clear lines of communication and responsibility. Describe the transition and responsible parties from the sales to auditing phase, auditing to construction phase, construction to follow-up monitoring phase, etc. b) Construction Management. Describe how your firm would work with current building management and maintenance personnel in order to coordinate construction and avoid conflicts with the building's operation and use. Describe your flexibility and/or any limitations regarding possible Agency activities such as: management of additional energy and water projects, monitoring of installation and performance of CONTRACTOR projects, integration of other identified capital needs with CONTRACTOR projects which may or may not contain energy and water saving opportunities. c) In-house Capability vs. SubContractors. Generally describe the types of services (both professional and construction services) that you offer in-house and the services you offer through subContractors, and describe the strategy behind in-house vs. subContractor use. (Detailed information on pricing of subContractors is requested in the Cost Section below.) d) Agency Involvement. Describe how you engage the Agency in decision -making regarding project scope, equipment specifications, ongoing operational and maintenance strategies, etc., and how you incorporate Agency's needs. e) Local Staffing and Support. Describe extent of local staffing and support for the geographic region. Include basic job descriptions and capabilities of the local staff. Describe the relevance or importance of local presence with regard to this project. f) Long-term Servicing. Describe long-term servicing of equipment and systems. State the location of your nearest servicing office. 2) Personnel Administration a) Qualifications and Experience of Staff Assigned to this Project. Identify the individual who will have primary responsibility for each task and phase of the project. List name, title, intended role and responsibilities for the duration of the contract, educational background, specific qualifications related to role and responsibilities, past relevant experience, number of years of relevant experience, supervisory responsibilities if relevant, list of projects individual was associated with during the last five years including type of project and project cost and resume. Tasks and phases to address include technical analysis, engineering design, construction management, construction, training and post -contract monitoring. Indicate the percent of time each person is available to work on this project. Indicate their office location (city/state). Attachment C: CONTRACTOR Response b) Added Qualifications and Experience. Describe any added expertise and capability of staff available through the parent company, other subcontracts, etc. to provide back-up strengths in technical analysis, engineering design, architectural design (if applicable), construction management, construction, training and post -contract monitoring, etc. 3) Self -Performed Work or SubContractors. a) State whether work is completed by the CONTRACTOR or by a subContractor for each category of measure (auditing, design, procurement/supply of equipment from vendors and manufacturers, engineering, construction management services, lighting, HVAC, controls, monitoring & verification, etc.), b) Describe how subContractors are selected. Also comment on your ability to competitively select subContractors. c) Identify any subContractors already selected. F. COST AND PRICING 1) Markup Costs and Fees • Clearly indicate (mark by page) if elements of this section are requested to be treated as proprietary (the responsible Purchasing official will make the final decision if this is to be treated as proprietary). • Markup costs are disclosed to provide a typical project costing approach for a project of similar scope and size. This disclosure will provide the open book pricing structure to be used by the CONTRACTOR for this project. The markups will be used in the Technical Energy Audit Contract and Energy Performance Contract. (A substantial change in the scope and size of the project may necessitate renegotiation of the markups.) 2) Markups, Fees, and Costs Note that all subcontractors and partners will be subject to full disclosure for open book pricing. a) Markups: Provide maximum allowable markups for each category you use in your pricing structure: • Markups are calculated as a percentage added to the base cost (do not use margins). • Categories may include but are not limited to: overhead, profit, guarantee, warrantee, markups on materials, equipment, supplies, shipping, rentals, labor, subcontractors, self -performed work, engineering, design, construction management, construction trades, contingency, commissioning, training, legal services, administrative work, and/or any other markup category to be used by the CONTRACTOR on this project. • Clearly describe how self -performed work will be charged (billed hourly, billed as a markup of equipment and labor costs, etc.). If billed hourly, what markups will be applied to the hourly rate (overhead, standard markups indicated below, etc.). • Organize categories by listing similar categories together under a more general heading (as shown in the table below). • Categories not included will not be allowed to be used in the project. • Do not provide a range; provide only the maximum allowable markup based on your understanding of the potential scope of work. • If the proposal is from a joint CONTRACTOR partnership, provide this information on each participating company. Attachment C: CONTRACTOR Response MARKUPS CATEGORY OF MARKUP MARKUP APPLICATION % MARKUP General Type of Markup • Specific markup Clearly define what markup is applied to and how used • Specific markup General Type of Markup • Specific markup • Specific markup b) Fees: Identify fees that you typically use in your pricing structure: • Categories may include but are not limited to: bonds, permits, maintenance agreements, annual monitoring & verification fees, etc. • Describe how fees are determine • Describe how fees are charged to the project and when they are applied • If fees are based on a percentage of project cost, include them in the markups table instead. • If markups are applied to fees, identify in the table. FEES CATEGORY OF FEE HOW DETERMINED & USED MARKUP YEARS ON FEE APPLIED (if any) (one-time, annual, etc General Category • Specific fee Clearly define 0% General Category • Specific fee Clearly define 0% c) Audit Cost. i) Total Cost. State the total cost of the technical energy audit. Ensure that your cost is based on the approach and requirements included in Attachment F: The City of Fort Collins Professional Services Agreement and Model Technical Energy Audit. For the purpose of this evaluation, assume all facilities listed in Attachment E: Technical Facility Profile will be audited. ii) Unit Cost. State the cost per square foot of the audit. This cost will be evaluated on the basis of reasonableness, so an unrealistically high or low cost will be devalued in the evaluation process. iii) Meet Full Scope of Work of Audit Contract. State your capability to complete the full scope of work as presented in Attachment F: The City of Fort Collins Professional Services Agreement and Model Technical Energy Audit, within your proposed cost. d) Contingency: Attachment C: CONTRACTOR Response • How will contingency be applied to cover changes in work scope and subContractor change orders? • What is your typical level of contingency budget for lighting, electrical, mechanical, controls projects, and other projects? (Note that all unused contingency funds will revert to Agency or be applied to additional work scope through a State approved change order.) e) Cost competition: Describe your process to solicit bids on equipment/labor or to secure the best cost. 3) Application of Markups and Fees (Hypothetical Example). a) Provide a sample of your pricing model using a two -measure performance contracting project. Show the complete detail of what will be provided to the Agency in the actual project using the markups and fees you will commit to in the actual project, as identified above, for all categories, fees and services that will be seen in the actual project (including the audit cost). b) Include a sample project proforma and clearly indicate all fees required for monitoring & verification, project management and all services that may be included in the actual project. All markups and fees (including the audit cost) used in this example must be representative of what will be used in the actual project. c) Additional markups, fees, or service category costs not shown in this example will NOT be allowed in the final contract. d) Incomplete information will be considered an incomplete response and cause the response to be rejected. e) Provide an example lighting measure that relates to this project in size and scope. Provide all pricing documentation as you will provide it for open book pricing in the final contract. Clearly differentiate the subcontracted portion of the project and break out labor, materials and other categories as you will for open book pricing. f) Provide same information for an example boiler measure (or other heating/cooling equipment if a boiler replacement is not relevant for this project) g) Show the two measures above in a complete two -measure performance contracting project. Provide a proforma to clearly indicate all costs and fees represented as they will be applied in the final contract. Use the format and structure you will use in the final contract. 4) Best Value. Briefly describe how your approach to performance contracting delivers best value for the investment. This is an opportunity to point out how your company may be able to deliver a more cost-effective overall project due to corporate structure, relationships with vendors, depth of experience and expertise, local relationships and experience, experience in similar types of facilities, knowledge of particular retrofits, etc. Also describe any utility rebates or other financial incentives or grants can potentially provide and/or facilitate. Attachment D: Review and Assessment/Evaluation ATTACHMENT D: REVIEW AND ASSESSMENT Professional firms will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and interview session. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING QUALIFICATION STANDARD FACTOR 2.0 Scope of Proposal Does the proposal show an understanding of the project objective, methodology to be used and results that are desired from the project? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills? Are sufficient people of the requisite skills assigned to the project? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 1.0 Motivation Is the firm interested and are they capable of doing the work in the required time frame? 2.0 Cost and Do the proposed cost and work hours compare Work Hours favorably with the project Manager's estimate? Are the work hours presented reasonable for the effort required in each project task or phase? 2.0 Firm Capability Does the firm have the support capabilities the assigned personnel require? Has the firm done previous projects of this type and scope? Attachment D: Review and Assessment/Evaluation Reference evaluation (Top Ranked Firm) The project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge a) If a study, did it meet the Scope of Work? b) If Professional administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? Attachment E: Technical Facility Profile ATTACHMENT E: TECHNICAL FACILITY PROFILE The information in this technical facility profile is provided to inform the CONTRACTOR about the condition of the facilities. The information was prepared with diligence. The CONTRACTOR is responsible for verifying the accuracy, as necessary. *See spreadsheet for buildings. Energy -Using Systems Description Only provide information that is readily available. • Heating System: There are within this project a variety of heating systems in use. Each is building specific (ie. There is no central heating plant for city buildings.) Types included are boilers with parameter heat, rooftop HVAC combination systems, unit heaters, and split systems using residential gas furnaces. • Cooling System: 80 to 90 percent of all building cooling is done via rooftop HVAC combination systems and residential split systems. There are two buildings (Library & City Hall) that have 100 ton and 80 ton chillers for cooling.. • Controls System: The City has standardized on Johnson Controls as its BAC package in it's larger buildings. • Lighting System, Interior: This is an area that an audit will best define the scope of work • Water Heating System: Commercial gas water heaters and domestic gas heaters make up most of our systems. We do have a heat exchanger system off the boiler at EPIC for domestic hot water • Other Energy -Using Systems: There are four pools, two ice rinks, two warehouses, three fleet facilities within the scope of this project. Operating Information Only provide information that is readily available. • Typical operating hours of City office buildings is 7:00 am until 6:00 pm with some Evening meetings. Recreational facilities have extended hours of operation • Janitorial hours are usually in the evenings Maintenance Practices Only provide information that is readily available. • The City uses JD Edwards EAM as its FMS maintenance scheduling and work order tracking software. • The maintenance staff consists of three HVAC techs, one Controls Tech, and four Building Repair and Maintenance techs. Contractors are used to handle overflow work and replacement / renovations • There are Departmental in house techs in the Recreational facilities (3) and water treatment facilities. Attachment E: Technical Facility Profile r ATTACHMENT E - BUILDING TECHNICAL FACILITY PROFILE 09/20/2005 CONDITIONED YR YR MAJOR BLDG SPACE S.F. FAC USE CONST. RENOVs 1801 RIVERSIDE 97,960 POOL / ICE RINK 1987 2003 - RINK ADDITION 215 N. MASON 71,500 ADMIN. 2001 417 MELDRUM 63,900 PERF. HALL / CONF.CTR 1930 1979 - PERF. HALL ADDITION 625 9TH. ST. 51,300 ADMIN / VEH. MAINT. SHOP 1994 6570 FORTNER RD. 50,445 ADMIN / BUS MAINT. SHOP 1984 1200 RAINTREE DR 41,200 SENIOR CENTER / POOL 1995 281 N. COLLEGE 37,600 ADMIN. 1980 201 PETERSON 34,000 LIBRARY 1976 300 LAPORTE 31,553 ADMIN. / CITY HALL 1979 424 S. SHERWOOD 25,000 INDOOR POOL 1977 ** 835 WOOD ST 23,200 VEHICLE MAINT. SHOP 1979 413 S. BRYAN 21,075 ADMIN. / PARK SHOP 1975 ** 1441 E, HORSETOOTH 14,660 GOLF CLUB HOUSE 2003 220 MATHEWS 12,850 MUSEUM 1900 ** 2554 MIDPOINT DR 7,500 INDOOR SHOOTING RANGE 1991 214 N. HOWES 6,900 ADMIN / RECREATION ? ** 138 LAPORTE 6,013 ADMIN / TRANSIT CENTER 1906 ** 3036 E. Drake Road 9,849 DWRF O&M Building 1992 3036 E. Drake Road 1,778 DWRF Engineering Field Office 1966 1994 3036 E. Drake Road 7,026 Pollution Control Lab 1976 1982, 1992 1316 E. Mulberry 1,420 MWRF Operations Building 1988 1996 4316 LaPorte Avenue 5,122 WTF Support Services Area 1986 4316 LaPorte Avenue 4,913 Water Quality Lab 1981 1989 4316 LaPorte Avenue 144 , 4 WTF Maintenance/Operations Area 1994 4316 LaPorte Avenue 1,000 WTF Source -of -Supply Office & Warehouse 1988 700 WOOD ST 14,688 UTIL L&P VEH STG 700 WOOD ST 5,688 UTIL BLDG C CREW 700 WOOD ST 104,321 UTIL BLDG A-B 1967 1965 1978 700 WOOD ST 8,087 UTIL WATER METER SHOP 2004 TOTAL S. F. 764,692 Attachment E: Technical Facility Profile Enerav Usaae Location sq ft YEAR ENDING 0612005 NG $s Elect $s Demand Total $s $ / D / T$s Ft. 1801 RIVERSIDE 97,960 POOL / ICE RINK EPIC $109,549 $155,920 $94,502 60.6% $265,469 $2.71 1200 RAINTREE DR 41 200 SENIOR CENTER POOL / $28,052 $60,156 $38,968 64.8% $88,208 $2.14 6570 PORTNER RD. 50,445 ADMIN / BUS MAINT. SHOP RANSFORT $47,586 $27,247 $18,063 66.3% $74,833 $1.48 417 MELDRUM 63,900 PERF. HALL / CONF.CTR L.C. $22,145 $47,083 $31,338 66.6% $69,228 $1.08 201 PETERSON 34,000 LIBRARY $10,831 $55,661 $38,692 69.5% $66,492 $1.96 300 LAPORTE 31,553 ADMIN. / CITY HALL $20,251 $41,441 $26,089 63.0% $61,692 $1.96 424 S. SHERWOOD 25,000 MULBERRY INDOOR POOL $33,020 $27,913 $18,147 65.0% $60,933 $2.44 215 N. MASON 71,500 ADMIN. $4,400 1 $52,556 $36,862 70.1% $56,956 $0.80 1441 E, HORSETOOTH 14,660 COLLINDALE GOLF CLUB HOUSE $13,933 $20,332 $8,200 40.3% $34,265 $2.34 281 N. COLLEGE 37,600 ADMIN. $7,568 $26,684 $18,344 68.7% $34,252 $0.91 625 9TH. ST. 51,300 ADMIN / VEH. MAINT. SHOP STREETS $3,201 $25,378 $16,373 64.5% $28,579 $0.56 835 WOOD ST 23,200 FLEET VEHICLE MAINT. SHOP $11,687 $10,183 $6,399 62.8% $21,870 $0.94 413 S. BRYAN 21,075 ADMIN. / PARK SHOP $9,102 $9,178 $1,775 19.3% $18,280 $0.87 220 MATHEWS 12,850 MUSEUM $5,119 1 $8,288 $1,348 16.3% $13,407 $1.04 2554 MIDPOINT DR 7,500 INDOOR SHOOTING RANGE $4,754 $3,593 $818 22.8% $8,347 $1.11 214 N. HOWES 6,900 ADMIN / RECREATION $2,504 $4,247 $0 0.0% $6,751 $0.98 138 LAPORTE 6,013 ADMIN / TRANSIT CENTER 3036 E. Drake Road 9,849 DWRF O&M Building 3036 E. Drake 1 778 DWRF Engineering 8 Road Field Office g Road E. Drake 7,026 Pollution Control Lab p to %r i 1316 E. 1,420 MWRF Operations MulberryBuilding 4316 LaPorte 5 122 WTF Support Services Avenue Area 4316 LaPorte Avenue 4,913 Water Quality Lab 4316 LaPorte 4,144 WTF Maintenance/Ops Avenue Area 4316 LaPorte 1,000 WTF Source -of -Supply Avenue Office & Warehouse 700 WOOD ST 14,688 UTIL L&P VEH STG $7,897 $2,683 $0 0.0% $10,580 $0.72 700 WOOD ST 5,688 UTIL BLDG C CREW $3,590 $2,459 $0 0.0% $6,049 $1.06 700 WOOD ST 104,321 UTIL BLDG A-B $67,376 $71,120 $42,168 59.3% $138,496 $1.33 700 WOOD ST 8,087 UTIL Water Meter Shop $4,907 $5,678 $706 12.4% $10,585 $1.31 Total 764,692 TOTALS / Avgs: $417,472 $657,800 $398,792 60.60/6 $1,075,272 $1.41 Attachment F: City of Fort Collins Professional Services Agreement and Model Technical Energy Audit OVERVIEW: This Contract for Technical Energy Audit & Project Development is the first of two contracts with the selected CONTRACTOR. The CONTRACTOR will complete an investment grade technical energy audit that will include an analysis of each proposed project with projected energy and cost savings and itemized project cost. The CONTRACTOR will also propose terms for the performance contract and present a proposal that includes recommended projects, financing term and projected annual cash -flow analysis. The results of the audit will form the basis for a subsequent Energy Performance Contract. PROFESSIONAL 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 , [insert either a corporation, a partnership or an individual, doing business as 1, 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: Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of ( ) page[s], and incorporated herein by this reference. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of ( ) page[s], and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within ( ) days following execution of this Agreement. Services shall be completed no later than . Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in writing by the parties hereto. 4. 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 ATTENDANCE RECORD PREBID CONFERENCE Project: Energy Performance Contract Time: Date: 2/22/06 Location: PRINT RINT ADDRESS TELEPHONE FAX #E-MAIL ADDRESS NAME 7IRM NAME 3 �;C��-y �s3 00 o vsv y 496 f t i ulA RD �C t D�tyn �^^�R�sS s� S31'D S VA -LA. 03 5itq I ail 5 303 f r Qmem S co , QY s*zq to �N6•C.E'��fl W go1(Z nnu �Y1n �oFINlrtil 10284 2). 4%.rr vft 303-MwV35 &r3-q�9-�vTH7 `Jonathan, nce-rbkpjc,: M �►ri,� �onrr2 s L-{tY & eoly /V47r tTJ JI IC" ' (k3) 573L-3173 >C` �^Rr �'7+'►�i�C� �P�aS..rv'�Mec� Cv�-�3� L7�3.� �-�ti�, Q+z�s'� scA �s ZferGd a e,- ce d'� kti►��Sb� iIj s $I$( i< • 7`''F14 E, 3-7`��-39`I Z�c3 - �t f _ JGl r utscq') tAr5 do,cp Co r7 - pf Attachment F: City of Fort Collins Professional Services Agreement and Model Technical Energy Audit 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: 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. 5. 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 $500,000 combined single limits, and errors and omissions insurance in the amount of 6. Compensation. [Use this paragraph or Option 1 below.] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of ($ ) plus reimbursable direct costs. All such fees and costs shall not exceed ($ ). 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 Attachment F: City of Fort Collins Professional Services Agreement and Model Technical Energy Audit 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. Compensation. [Option 1] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis according to the following schedule: Hourly billing rates: Reimbursable direct costs: with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed ($ ). Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs 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 reimbursable direct costs. 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. 7. ' 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. 8. Project Drawings. Upon conclusion of the 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. 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 Attachment F: City of Fort Collins Professional Services Agreement and Model Technical Energy Audit of the as -built drawings shall also be submitted to the owner in and AutoCAD version no older then the established city standard. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) Attachment F: City of Fort Collins Professional Services Agreement and Model Technical Energy Audit 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. 15. 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. 16. 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. Attachment F: City of Fort Collins Professional Services Agreement and Model Technical Energy Audit 17. Special Provisions. [Optional] Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "_", consisting of ( page[s], attached hereto and incorporated herein by this reference. THE CITY OF FORT COLLINS, COLORADO By: James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management DATE: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney [Insert Professional's name] or [Insert Partnership Name] or [Insert individual's name] Doing business as [insert name of business] 0 Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: ATTEST: Corporate Secretary (Corporate Seal) Attachment F: City of Fort Collins Professional Services Agreement and Model Technical Energy Audit Exhibit to Professional Services Agrement: 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) Establish base year consumption and reconcile with end -use consumption estimates 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) Develop a draft Technical Energy Audit Report c) Meet with Agency to present results d) 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) 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. 2) 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. 3) 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 Attachment F: City of Fort Collins Professional Services Agreement and Model Technical Energy Audit 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 4) 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. 5) 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). 6) Note: Insert section from Request for Proposals (Attachment A): Performance Contract Terms & Conditions 7) 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. Note: Use categories and costs as presented in the Contractor's response to the RFP, unless otherwise negotiated. MARKUPS CATEGORY OF MARKUP MARKUP APPLICATION % MARKUP General Type of Markup • Specific markup Clearly define what markup is applied to and how used • Specific markup General Type of Markup • Specific markup • Specific markup Attachment F: City of Fort Collins Professional Services Agreement and Model Technical Energy Audit 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 cents per square foot One-time fee (may be applied in phases) General Category • Specific fee Clearly define 0% General Category • Specific fee Clearly define 00/0 .01 • 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 Attachment F: City of Fort Collins Professional Services Agreement and Model Technical Energy Audit 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. Contractor agrees to work diligently to assess validity of information provided and to confirm or correct the information as needed. e. Establish base year consumption and reconcile with end use consumption estimates. 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) Estimate loading, usage and/or hours of operation for all major end uses of total facility consumption including, but not limited to: lighting, heating, cooling, HVAC motors (fans and pumps), plug loads, and other major energy and water using equipment. Where loading or usage are highly uncertain (including variable loads such as cooling), Contractor will use its best judgment, spot measurements or short-term monitoring. Contractor should not assume that equipment run hours equal the operating hours of the building(s) or facility staff estimates. 3) Reconcile annual end -use estimated consumption with the annual base year consumption. This reconciliation will place reasonable "real -world" limits on potential savings. 4) Propose adjustments to the baseline for energy and water saving measures that will be implemented in the future. Attachment F: City of Fort Collins Professional Services Agreement and Model Technical Energy Audit f. Develop a preliminary analysis of potential energy and water saving measures. This list shall be compiled and submitted to Agency within 90 calendar days of the execution of this Contract. 1) List all 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 description of analysis methodology, supporting calculations and assumptions used to estimate savings. g. 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. 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 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 6) Follow additional guidelines for analysis and report preparation given below 7) Include cost to provide services and complete application for Energy Star Label, LEED-EB certification for Existing Buildings, or other certification. Also include cost for EPA's Tools for Schools or other such program related to improved air quality. 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 90 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 itemization for each measure of total design and construction cost, annual maintenance costs, the first year cost avoidance (in dollars and energy units), simple payback and equipment service life 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. ATTENDANCE RECORD PREBID CONFERENCE Project: Energy Performance Contract Time: Data: 2122/06 1 nr_wtinn- RINT NAME PRINT FIRM NAME ADDRESS TELEPHONE FAX #E-MAIL ADDRESS I woo � / r 2! S��tslvv�eOr �oszs c178 -2.07-4i0 207--b0S7 .ld �'s�eY@>of „ .)ot Attachment F: City of Fort Collins Professional Services Agreement and Model Technical Energy Audit e) Description of the existing facility, mechanical and electrical systems f) Summary description of measures, including estimated costs and savings for each as detailed above g) Discussion of measures considered but not investigated in detail h) Conclusions and recommendations 2) Base year energy use 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 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) 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) Include discussion of facility operations and maintenance procedures that will be affected by installation/implementation. (4) Present the plan for installing or implementing the recommendation. b) Savings calculations (1) Base year energy use and cost (2) Post -retrofit energy use and cost (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 detailed 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). Attachment F: City of Fort Collins Professional Services Agreement and Model Technical Energy Audit (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 and justified 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) Estimate of average useful service life of equipment (2) Preliminary commissioning plan (3) 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. (4) Discussion of impacts that facility would incur after contract ends. Consider operation and maintenance impacts, staffing impacts, budget impacts, etc., and identify who is responsible for maintenance. (5) Compatibility with existing systems. Note: Could include name of existing controls system, if new controls systems will have to be compatible with an existing brand of controls. (6) 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. Attachment F: City of Fort Collins Professional Services Agreement and Model Technical Energy Audit 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. Attachment G: Model Energy Performance Contract ATTACHMENT G: Model Energy Performance Contract OVERVIEW: This Energy Performance Contract is for design, construction, guarantee, and follow-up monitoring of energy -saving projects. An energy audit was previously completed that identified the costs and savings of each project. The audit provides the basis to develop and negotiate this Energy Performance Contract. The State of Colorado Contract which can be found at: http://www.state.do.usloemc/rebui ldeo/samples/SampleEPContract.doc In addition the City of Fort Collins general conditions, which can be found at www.fcqov.com/purchasing will be incorporated into the contract. Attachment I: Standards for Success for Enerav Performance Contracti Standards for Success For Energy Performance Contracting Rebuild Colorado's Guidelines for CONTRACTORs Rebuild Colorado is committed to working with the local industry to ensure high quality projects in Colorado and worked in partnership with Colorado CONTRACTORS to develop the following industry guidelines for Colorado projects. Contract Documents. Rebuild Colorado's RFP, the Technical Energy Audit & Project Proposal Contract and the Energy Performance Contract will be used. Contract Term. The maximum contract term is 25 years provided the cost -weighted average lifetime of the equipment exceeds the contract term,. This maximum term is established for Colorado State Agencies per CRS 24-30-2001(1)(d). This maximum term is established for Colorado Political Subdivisions per CRS 29-12.5-101(3)(h). The ASHRAE Book of Standards will be used in determining the cost -weighted average useful life of the equipment. Annual Savings Exceed Annual Costs. Annual savings shall exceed annual payments each and every year while the performance guarantee is in effect. This means that excess savings in other years and interim savings during the construction period will NOT be allocated to meet shortfalls in any year. Annual payments include debt service, Contractor fees, maintenance services, monitoring services, and other services. This is required for Colorado State Agencies per CRS 24-30-2001(1)(b). This is required for Colorado Political Subdivisions per CRS 29-12.5-101(3)(b). Annual Guaranteed Cost Savings. An annual contractual guarantee will be provided for the first three years of the contract, however, the guarantee shall be made available as a continued option for each subsequent year of the contract term. The Agency can cancel the guarantee at any time after the required period. The guarantee must provide for the sum of identified cost savings to equal or exceed the amount of the annual payment, where annual payment equals lease plus monitoring & verification fee plus required service, each and every year while the guarantee is in effect. This is required for Colorado State Agencies per CRS 24-30-2001(1xa-c). This is required for Colorado Political Subdivisions per CRS 12-5-101(3)(a-c). Interim Savings during Construction Period. Savings accrued during the construction period will not be allocated to the annual savings of any year. See "Annual Savings Exceed Annual Costs" above. Excess Savings (beyond the guaranteed amount). Excess savings will be retained by Agency and will not be allocated to shortfalls in savings in other years. See "Annual Savings Exceed Annual Costs" above. Use of Stated Cost Markups. The individual cost markups disclosed in the proposal will be used in both the Technical Energy Audit and the Energy Performance Contract, provided the size and scope of the project remain similar. Cost markups presented in the proposal can be negotiated downward. Open Book Pricing. Open book pricing is required, such that the CONTRACTOR will fully disclose all costs, including all costs of subContractors and vendors. CONTRACTOR will maintain cost accounting records on authorized work performed under actual costs for labor and material, or other basis requiring accounting records. CONTRACTOR will provide access to records and preserve them for a period of three (3) years after final payment. Stated cost markups will be clearly applied. Attachment I: Standards for Success for Energy Performance Contracting Contingency. Any unused contingency cost will NOT be retained by the CONTRACTOR and will be applied to the project. Equipment Compatibility or Standardization. All equipment installed that is comparable to similar equipment at the facilities, shall offer compatibility with existing systems, and/or be of the same manufacturer for standardization of equipment agency -wide, unless excepted by Agency. Annual Appropriations. Annual payment is subject to annual appropriations. This is required of all Colorado state and local governments. Inflation and Escalation Rates. Any inflation rates will be pre -approved by Agency. Energy Escalation Rates. Where the annual lease -purchase payments are set-up to escalate each year in anticipation of annually escalating energy cost savings, a calculator will be used to determine the maximum value as developed by the US Department of Energy for energy saving performance contracts in its Federal Energy Management Program. The tool is on-line at: http://www.eere.energv.ciov/femp/techassist/softwaretools/softwaretools.html (EERC). Monitoring and Verification Plan. A monitoring and verification plan will be developed per guidelines in the RFP and the model energy performance contract. Independent Review of Monitoring & Verification. The energy performance contract must provide for a portion of the guaranteed savings for Agency to contract with an independent monitoring & verification specialist to provide an independent review of the CONTRACTORs monitoring & verification plans and reporting. This is estimated to be 10 percent of the CONTRACTORs monitoring & verification costs. (name of CONTRACTOR) agrees to abide by the above "Standards for Success" and to apply all legislated requirements and support the Agency in adopting all other standards. CONTRACTOR Signature ATTACHMENT E - BUILDING TECHNICAL FACILITY PROFILE Building which are regularly open to the public: 02/02/2006 CONDITIONED YR YR MAJOR Ri nc; SPACE S-F_ FAC USE CONST. RENOVS 1801 RIVERSIDE 97,960 POOL / ICE RINK 1987 2003 - RINK ADDITION 215 N. MASON 71,500 ADMIN. 2001 417 MELDRUM 63,900 PERF. HALL / CONF.CTR 1930 1979 - PERF. HALL ADDITION 1200 RAINTREE DR 41,200 SENIOR CENTER / POOL 1995 281 N. COLLEGE 37,600 ADMIN. 1980 201 PETERSON 34,000 LIBRARY 1976 300 LAPORTE 31,553 ADMIN. / CITY HALL 1979 424 S. SHERWOOD 25,000 INDOOR POOL 1977 '* 1441 E,. HORSETOOTH 14,660 GOLF CLUB HOUSE 2003 220 MATHEWS 12,850 MUSEUM 1900 138 LAPORTE 6,013 ADMIN / TRANSIT CENTER 1906 ** TOTAL S. F. 436,236 } 4: z. ADDENDUM No. 2 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid: Energy Performance Contracting Services OPENING DATE: 3:00 P.M. (Our Clock) March 29, 2006 To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. Questions and Answers: 1. The RFP refers to insurance in Attachment C, paragraph D, 2. b.. Please describe the "Insurance" you are referring to. This refers to your method of ensuring performance guarantees are met. 2. The RFP asks us to "Comment on your ability to meet the schedule" in Attachment C, paragraph D, 2. f , what schedule does this refer to? This refers to the timeline for completion of the work. The City has not set a schedule so you should respond with what you believe is a reasonable schedule for this project. 3. May we submit the electronic copy of the RFP response in Adobe PDF? In addition to the seven (7) hard copies of the proposal that must be submitted, you may include an electronic copy. 4. Please find attached a chart showing the energy usage for some of the City buildings. 215 North Mason Street • 2"" Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • Fax (970) 221-6707 wwwAzov.con lal17,2005 KW "% - Yrs $o $15 Location sq n YEAR ENDING 0612005 NG $s Elect $s Demand % D i T$s Total $s $s / Sq. Ft. If cut % Cost / Yr $ thru yrs w/o " 1801 RIVERSIDE 97.960 POOL / ICE RINK [EPIC] $109,5491 $155,920 $94,502 60.6% $265,469 $2.71 $26,547 $398,204 1200 RAINTREE DR 41,200 SENIOR CENTER / POOL $28,052 $60,156 S38,968 64.8% $88,208 $2.14 $8,821 $1321312 i570 FORTNER RD. 50 445 ADMIN / BUS MAINT. SHOP [TRANSFORT] $47,586 $27,247 S18,063 66.3% $74.833 $1.48 $7,483 $112,250 117 MELDRUM 63,900 PERF. HALL / CONF.CTR L.C. $22.145 $47,083 S31,338 66.6% $69,228 $1.08 $6,923 $103,842 ?01 PETERSON 34.000 LIBRARY $10,831 $55.661 $38,692 69.5% $66,492 $1.96 $6,649 $99,738 MO LAPORTE 31,553 ADMIN. / CITY HALL $20,251 $41,441 S26,089 63.0% $61,692 $1.96 $6,169 $92,538 124 S. SHERWOOD 25,000 MULBERRY INDOOR POOL $33,020 $27,913 $18,147 65.0% $60,933 $2.44 $6,093 $91,400 ?15 N. MASON 71,500 ADMIN. $3,500 $52,556 S36,8621 70.1% $56,056 $0.78 $5,606 $84,084 1441 E. HORSETOOTH 14,660 ICOLLINDALE GOLF CLUB HOUSE $13,9331 $20,332 $8,200 40.3% $34,265 $2.34 $3,427 $51,398 81 N. COLLEGE 37,600 JADMIN $7,5681 $26,684 $18,344 68.7% $34,252 $0.91 $3,425 $51,378 i25 9TH. ST. 51,300 ADMIN / VEH. MAINT. SHOP STREETS $3,201 $25,378 S16,373 64.5% $28,579 $0.56 $2,858 $42,869 335 WOOD ST 23.200 FLEET VEHICLE MAINT. SHOP $11,687 $10,183 $6,399 62.8% $21,870 $0.94 $2,187 $32,805 113 S. BRYAN 21,075 ADMIN. / PARK SHOP $9,102 $9,178 $1,775 19.3% $18,280 $0.87 $1,828 $27,420 )20 MATHEWS 12.850 MUSEUM $5,119 $8,288 $1,348 16.3% $13,407 $1.04 $1,341 $20,111 554 MIDPOINT DR 7.500 INDOOR SHOOTING RANGE $4,754 $3,593 $818 22.8% $8,347 $1.11 $835 $12,521 ?14 N. HOWES 6,900 ADMIN / RECREATION $2,504 $4,247 Sol 0.0°% $6,751 $0.98 $675 $10,127 138 LAPORTE 6.013 ADMIN / TRANSIT CENTER M36 E. Drake Road 9.849 1 DWRF O&M Building M36 E Drake Road 1,778 DWRF Engineering Field Office 5036 E. Drake Road 7,026 Pollution Control Lab 1316 E. Mulberry 1.420 MWRF Operations Building 1316 LaPorte Avenue 5,122 WTF Support Services Area 1316 LaPorte Avenue 4,913 Water Quality Lab 1316 LaPorte Avenue 4,144 WTF Mai ntenance/O erations Area 1316 LaPorte Avenue 1.000 WTF Source -of -Supply Office & Warehouse '00 WOOD ST 14.688 UTIL L&P VEH STG $7,897 $2,683 $0 0.0% $10,580 $0.72 $1,058 $15,870 '00 WOOD ST 5,688 UTIL BLDG C CREW $3,590 $2,459 $0 0.0% $6,049 $1.06 $605 $9,074 '00 WOOD ST 104,321 UTIL BLDG A-B 1 $67,3761 $71,120 $42,168 59.3% $138,496 $1.33 $13,850 $207,744 '00 WOOD ST 8,087 UTIL WATER METER SHOP 1 $4,9071 $5,678 S706 12.4% $10,585 $1.31 $1,058 $15,877 Total 764,692 TOTALS / Avgs: $416,572 $657,800 1 $398,7921 60.6% 1 $1,074,3721 $1.40 $107,437 $1,611,558 05 i 06 Ss Missing (est $2, 000 ea) 12106 Ss Missing (estimated 5s) RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. REQUEST FOR PROPOSAL P1011 Energy Performance Contracting Services City O�:oIlills Written proposals, seven (7) will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our clock), March 29, 2006. Proposal No. P1011. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Questions concerning the scope of the project should be directed to Project Manager Steve Strickland, (970) 221-6536. Questions regarding proposals submittal or process should be directed to James B. O'Neill, II, CPPO, FNIGP (970) 221-6779. A prebid conference will be held at 9:00 a.m., February 22, 2006, in the Training Room at 117 N. Mason in the Training Room. A copy of the Proposal may be obtained as follows: 1. Call the Purchasing Fax -line, 970-416-2033 and follow the verbal instruction to request document #31011. 2. Download the Proposal/Bid from the BuySpeed Webpage, hftps://secure2.fcqov.com/bso/login.osl) 3. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a copy of the Bid. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision -making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Sincerely, James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management 215 North Mason Street 0 2nd Floor • P.O. Box 580 9 Fort Collins, CO 80522-0580 9 (970) 221-6775 0 Fax (970) 221-6707 wwwAgov.com RFP For Energy Performance Contracting Services REQUEST FOR PROPOSALS Energy Performance Contracting Services TABLE OF CONTENTS Instructions and Administrative Information ATTACHMENTS Attachment A: Special Contract Terms and Conditions Attachment B: Not Applicable Attachment C: Contractor Response Attachment D: Evaluation Criteria Attachment E: Technical Facility Profile Attachment F: City of Fort Collins Professional Services Agreement and Model Technical Energy Audit Attachment G: Model Energy Performance Contract Attachment H: Not applicable Attachment I: Rebuild Colorado Standards for Success