Model RFP for Issuance by Agency - New Mexico - Energy, Minerals ...

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State Energy Performance Contracting

Model

Request for Proposals

issued by Governmental Unit

to Contractors

Provided by EMNRD as technical assistance to eligible Governmental Units

Agency legal review recommended

March 23
, 201
2




1






REQUEST FOR PROPOSALS

for
Energy Performance

Contracting Services

for

[A
gency]


TABLE OF CONTENTS



RFP: Instructions and Administrative
Information



ATTACHMENTS


Attachment A:


Special
Contract Terms and Conditions


Attachment B
:

Proposed Proje
ct Schedule


Attachment C
:

ESCO

Response


Attachment D:


Evaluation Criteria


Attachment E:


Technical Facility Profile


Attachment F:

Model
Investment
-
Grade

Energy Audit

and Project
Proposal

Contract


Attachment G:


Model
Guaranteed Utility Savings

Contract


Attachment H:


Financing Bid Package



Attachment I:


ESCO Application for EMNRD Certification


Attachment J:

Other

This could include legislation statutes that apply to
energy savings performance

contracting,
executive orders related to en
ergy efficiency, etc.



State Energy Performance Contracting

Model

Request for Proposals

issued by Governmental Unit

to Contractors

Provided by EMNRD as technical assistance to eligible Governmental Units

Agency legal review recommended

March 23
, 201
2




[Agency Name]


2



1.

Overview and Background


[
Agency
]


[
Note: include complete name of
Governmental Unit

that would issue a contract
]

(hereinafter referred to as

Agency
)

seeks proposals from Energy Service
s

Companies (
ESCO
s
) to
conduct a
n

Investment
-
G
rade Energy Audit

of facilities
and

implement a
Guaranteed Utility Savings

Contract. The
selected
ESCO

will identify and implement building
upgrades

to reduce
utilities

and
related costs in facilities, such
that
the resulting
annual cost
avoidance
is
appl
ied to annual payments
for
upgrades
.


ESCOs are notified that certification
s

will be

required, pursuant to
New Mexico Statutes Annotated
(
NMSA 1978
)
, 6
-
23
-
5
.
A
pproval of Guaranteed Utility Savings Contracts shall be given upon
:




certification by the
E
n
ergy,
M
inerals and
N
atural
R
esources
D
epartment
(EMNRD)
that the
Q
ualified
P
rovider of energy conservation measures meets the experience requirements set by
the
D
epartment and the guaranteed energy savings from the energy conservation measures
proposed app
ear to be accurately estimated and reasonable
;

and



certification

by the Office of the State E
ngineer that the
Q
ualified
P
rovider of water
conservation measures meets the experience requirements set by th
at

O
ffice and the guaranteed
water savings from the w
ater conservation measures proposed appear to be accurately
estimated and reasonable.



The
scope of work includes
:



Investment
-
Grade

Energy Audit and Project Proposal
: A contract for the
Investment
-
Grade

Energy Audit

will be developed with the selected
ESCO
. This
Investment
-
Grade

Energy A
udit
will identify and evaluate
energy conservation

measures and define the proposed project scope,
cost, savings and cash
-
flow over the proposed financing term. A project proposal will present
recommended energy con
servation

measures that can be financed through guaranteed
utility
savings

and a measurement and verification plan to verify savings for each measure



Implementation
,
Commissioning
,

and Financing
: A

Guaranteed Utility

Savings
Contract will be
negotiated fo
llowing the
Investment
-
Grade

Energy A
udit
. This establishes the project scope and
costs, and provides for
implementati
on
,

as well as follow
-
up
measurement and verification

(M&V)
services to be provided during the financing term. A financing agreement wil
l be
developed

by others in a separate process

with Agency
.



Post
-
Construction Guarantee/Monitoring
: After
implementati
on

of energy conservation measures
,
the
ESCO

will offer a variety of services to ensure savings are met, such as a savings guarantee,
st
aff training,
M&V services
, and contract maintenance services.


2.

Proposal Submittal and Selection Process

2.1

POLICIES

2.1.1

All submittals shall become the property of the
Agency

and will not be returned.

2.1.2

EMNRD will certify the Qualified Provider as described
in the Overview above.

2.2

SUBMITTAL INSTRUCTIO
NS

State Energy Performance Contracting

Model

Request for Proposals

issued by Governmental Unit

to Contractors

Provided by EMNRD as technical assistance to eligible Governmental Units

Agency legal review recommended

March 23
, 201
2




[Agency Name]


3



2.2.1

All submittals shall become the property of the
Agency

and will not be returned.

2.2.2

Late submittals shall not be evaluated.

2.2.3

Agency

reserves the right to reject any or all proposals on the basis of being
unres
ponsive to these guidelines or for failure to disclose requested information.

2.2.4

Agency

shall not be liable for any costs incurred by respondents in the preparation
of submittals and proposals nor in costs related to any element of the selection and
contrac
t negotiation process.

2.2.5

Pre
-
proposal Conference

See Selection Process below for details.

2.2.6

Communications Regarding This RFP

Questions and requests for clarification on this Request for Proposals must be
submitted
in writing

following the instructions pos
ted in the Notice. No verbal
inquiries will be addressed.


Communication with
Agency

officials, the Selection Committee, or others
associated with the
Agency

with regard to this Request for Proposals is prohibited.


2.3

SUBMITTAL FORMAT

2.3.1

Prepare proposals t
o respond to the items in the
ESCO Response to Request for
Proposals (Attachment
C
)
. Follow the same sequence and state each number and
question prior to your response.

2.3.2

Submit
Proposal Cover Sheet

and submit
five

CD or DVD copies of the submittals.
Each

copy of the CD or DVD shall include only two files, both in the .pdf format.
The
Response (Attachment C
)

shall be converted in entirety to a single .pdf
formatted file and submitted on the CD or DVD. Similarly, the requested sample
Investment
-
Grade

audit
report shall be converted in its entirety to .pdf format and
copied as a single file onto the same CD or DVD. Security protection of the pdf file
is allowed, but printing shall be enabled.

2.3.3

Deliver proposals to:

[
Address
]

Attn:
[contact or agency]

No later
tha
n:
[date and time]



SUBMITTAL
SCHEDULE

The following schedule has been established for this Request for Proposals. Note that this
schedule may be subject to change.



TASK

DATE/TIME

1.

RFP Published


2.

Pre
-
Proposal Conference


State Energy Performance Contracting

Model

Request for Proposals

issued by Governmental Unit

to Contractors

Provided by EMNRD as technical assistance to eligible Governmental Units

Agency legal review recommended

March 23
, 201
2




[Agency Name]


4



3.

Prospective Off
eror(s)’ written inquiries


4.

Responses to Inquiries


5.

Proposal Submission


6.

Proposal Review Period


7.

Interviews (if required)


8.

EMNRD Review and Certification


9.

Notice of Intent to Award


10
.

ESC
O

Contracts

TBD





2.4

SELECTION PROCESS

2.4.1

Pre
-
Proposal Conference and
Site Visit
.
A site meeting and tour of the facilities
will be held prior to the proposal due date.
The purpose of the Pre
-
proposal
Conference will be to review the requirements of this RFP and answer questions
from ESCOs in at
tendance.
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.

The site visit does not need to be mandatory as the facility information provided
in the
appendix should be adequate for the
ESCO

to determine whether to respond to this
RFP. An optional site visit is recommended.


DATE:


[
Date
]

TIME:

[
Start time

to End time
]

Hold a 30
-
minute meeting to describe the process, timeline, expectat
ions, etc. Offer
a tour of a few key facilities over the next one hour. There is no need for
ESCO
s to
visit all facilities.


LOCATION:


[
Building name

Meeting Room

Physical address

Directions
]


2.4.2

Review of Written Proposals.

Proposals
must be prepar
ed as described in
Attachment C:
ESCO

Response
. P
roposers within the competitive range will be
invited to participate in the interviews.

State Energy Performance Contracting

Model

Request for Proposals

issued by Governmental Unit

to Contractors

Provided by EMNRD as technical assistance to eligible Governmental Units

Agency legal review recommended

March 23
, 201
2




[Agency Name]


5



2.4.3

Interviews.

Interviews will provide an opportunity for clarification of the written
proposal.
ESCO

representativ
es at the interview should include individuals who will
be
key

points of contact and have
major

responsibility for contract negotiation,
engineering and design, construction management and follow
-
up monitoring. Each
interview may be tape
-
recorded. Score
s from the written proposal will be modified
based on clarifications
and the top
-
ranking
ESCO

will be considered for award.


2.4.4

Final Selection.

Final reference checks will be conducted with the apparent awardee
(top
-
ranked
ESCO
) prior to making the final

selection. An award will be made to the
selected
ESCO
.




3.

Scope of Work

3.1

PROJECT PHASES

OF GUARANTEED UTILIT
Y SAVINGS CONTRACT


3.1.1

Investment
-
Grade

Energy Audit

and Project Proposal Phase

Agency must have funds available to pay for the audit in the event tha
t performance
contract is not later executed. These funds must be allocated/encumbered at the time
of signing of the audit contract and will be unencumbered in full when the
performance contract is executed
.



The ESCO and the
Agency

will execute

the
I
nvestment
-
Grade

Audit and Project
Proposal Contract (Attachment F)
. This contract sets specific expectations and
provides a detailed process for both the ESCO and the
Agency
. The contract also
defines the deliverables to the
Agency

and establishes the bas
is for the
Guaranteed
Utility Savings

Contract to follow
. It incorporates current state statute
s

that directly
relate to
energy
performance contracting:
the
Public Facility Energy Efficiency
and Water Conservation Act

and the

Energy Efficiency and Renewa
ble Energy
Bonding Act
(
Attachment
I
)
.


The
Investment
-
Grade

Energy A
udit will identify and evaluate
energy conservation /
cost avoidance
measures and define the proposed project scope, cost,

cost avoidance
and cash
-
flow over the proposed financing term. A

project proposal will present
aggregated measures that can be financed through guaranteed savings.



3.1.2

Guaranteed Utility Savings

Contract (
Construction
,
Implementation
,
Commissioning
, and
Financing Phase
)

Upon satisfactory completion of the
Investment
-
Grad
e

Energy
Audit, the
Agency

will have the option to execute a
Guaranteed
U
tility
S
avings
C
ontract

(Attachment G)

with the ESCO to implement the recommended project. T
he
Guaranteed Utility Savings

Contract
will define the final agreed upon scope of work
and

all its associated costs and mutual responsibilities between the ESCO and the
State Energy Performance Contracting

Model

Request for Proposals

issued by Governmental Unit

to Contractors

Provided by EMNRD as technical assistance to eligible Governmental Units

Agency legal review recommended

March 23
, 201
2




[Agency Name]


6



Agency
, as well as improvement measures, the equipment and labor costs associated
with them, and all guaranteed energy and maintenance
cost avoidance
. It
incorporates current st
ate statutes that directly relate to
energy
performance
contracting
:
the
Public Facility Energy Efficiency and Water Conservation Act
and the

Energy Efficiency and Renewable Energy Bonding Act
(A
ttachment
I
)
.



Upon execution of the
Guaranteed Utility Sa
vings

Contract
, the ESCO proceeds to
final design, construction, and commissioning of the improvement measures.


Financing Agreement.
A
separate financing agreement

will be developed including
ESCO payment schedules and lender financing terms and schedul
es.

The ESCO
will solicit financing companies on behalf of the
Agency

using the

bid documents in

Financing Bid Package (Attachment H)
.
The
ESCO

will solicit bids from a
minimum of three financing companies, prior to negotiation of the
Guaranteed Utility
Savings

Contract
.
Agency

w
ill make the final selection.


3.1.3

Performance Period

The Performance Period
of the Guaranteed Utility Savings

Contract
begins upon
construction completion and acceptance by the
Agency
.

The
Guaranteed Utility
Savings

Contract
wil
l include a number of services the ESCO will provide until the
end of the contract including
,

but not limited to
,

measurement and verification of
savings, the savings guarantee, staff training, and, possibly, contract maintenance
services.


3.2

ESCO

SERVICES

I
t is tempting to develop a prescribed scope of work, detailing exactly what projects the
ESCO

should undertake in your facilities. This is not recommended, however, because it is very
valuable to use the
ESCO
’s
technical expertise to help identify and ass
ess the opportunities
that are most cost
-
effective or most valuable for your facilities instea
d of pre
-
determining the
scope.


ESCO

must have the demonstrated capability in engineering and management to provide a
broad range of services. Services may inc
lude but are not limited to the following:

Investment
-
Grade

Energy Audit

and Project
Proposal
Phase



Investment
-
Grade

Energy Audit

to evaluate costs and saving
s of a variety of energy
and water
-
saving
measures



project
proposal
including financial analysis




benchmarking using Energy Star tools



measurement

and verification plan



utility bill data services to capture credits from utility bill errors

Construction/Implementation/
Commissioning and
Financing Phase



engineering design

State Energy Performance Contracting

Model

Request for Proposals

issued by Governmental Unit

to Contractors

Provided by EMNRD as technical assistance to eligible Governmental Units

Agency legal review recommended

March 23
, 201
2




[Agency Name]


7





equipment procurement and purc
hasing



construction management



hazardous waste disposal or recycling



ability to
arrange financing




commissioning

Guarantee/Monitoring Phase



continuing operations and maintenance for all improvements



staff training on routine maintenance and operation of s
ystems



training of occupants



guarantee of
pe
rformance and
cost
avoidance
for the entire term of the contract



measurement

and verification for measurement and reporting of the performance and
savings



provide for independent review of monitoring & verifi
cation (guaranteed savings pay
for independent
ESCO
)



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 emission
s reductions



maintaining long
-
term, high
-
efficiency performance of buildings


ESCO

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.



Plants
. Distribution systems, cogeneration systems, etc.



Lighting systems
. Indoor and outdoor lighting systems, lighting controls, daylighting
strate
gies.



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 eq
uipment, pool systems, renewable
energy systems.



LEED
-
EB
:
LEED
-
EB strategies
to improve operations and maintenance practices
.




ENERGY STAR
:

Use of Portfolio Manager
.



Water and Sewage Systems
. automatic controls, low
-
flow faucet aerators, low
-
flow
toil
ets, cooling tower modifications, pool covers, and irrigation system

controls or
modifications.



Desired projects
.

Identify any specific needs or desires that you think must be included in a performance
contracting project, or projects that are of par
ticular interest to you. Keep in mind
State Energy Performance Contracting

Model

Request for Proposals

issued by Governmental Unit

to Contractors

Provided by EMNRD as technical assistance to eligible Governmental Units

Agency legal review recommended

March 23
, 201
2




[Agency Name]


8



that the
ESCO

should be given the flexibility to use its own expertise to determine a
broad scope of work, so avoid using this section to pre
-
define the
scope of work.



3.3

BUILDINGS, FACILITIE
S AND APPROACH

All facilit
ies 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 n
ot yet
identified that are under the jurisdiction of the
Agency

at any time during the term of the
Guaranteed Utility Performance Contract

can be included in the scope of work in a contract
amendment.

List all buildings in Attachment E ev
en if delaye
d for future work.








State Energy Performance Contracting

Model

Request for Proposals

issued by Governm
ental Unit

to Contractors

Provided by EMNRD as technical assistance to eligible Governmental Units

Agency legal review recommended

March 23, 2012



[Agency Name]


9



ATTACHMENT

A: SPECIAL CONTRACT TERMS AND CONDITIONS

Government
al

Units Related to Legislation
.

Eligible governmental units are state government
agencies, municipalities, K
-
12 public schools, and
higher educational institutio
ns (NMSA 1978
,
6
-
23
-
2C
)
.

Qualified Provider Certification
.
ESCOs are notified that certification as a Qualified Provider will
be required, pursuant to NMSA 1978
,

6
-
23
-
5B
.
Approval of Guaranteed Utility Savings Contracts
shall be given upon:



certificat
ion by the Energy, Minerals and Natural Resources Department that the Qualified
Provider of energy conservation measures meets the experience requirements set by the
Department
; and



certification

by the O
ffice of the
S
tate engineer that the
Q
ualified
P
rovi
der of water
conservation measures meets the experience requirements set by that
O
ffice
.



Contract Documents
. The
Model
Investment
-
Grade

Energy Audit

and

Project
Proposal
Contract

(Attachment F)

and the
Model
Guaranteed Utility Savings Contract

(Attach
ment G)
will be used.



Payment for
Investment
-
Grade Energy
Audit
.
See

Investment
-
Grade

Energy Audit

and

Project
Proposal

Contract
(Attachment F)
:
The cost of the audit will be on a square
-
footage basis. Upon
execution of the Guaranteed Utili
ty Savings Contract, the cost of the audit will be rolled into the contract
to be paid for through savings. Where the ESCO identifies a project with insufficient savings
opportunities to meet the terms of the Investment
-
Grade Energy Audit and Project Prop
osal Contract, the
Agency will have no payment obligation.


Allowable Measures
.
As outlined

in NMSA 1978,
6
-
23
-
2
B

and 2G
, measures generally include
:




Modifications or installations to a facility, building, system, vehicle, landscape



Operational chang
es




Training programs



Combined heat and power systems



Solar energy generation and renewables



Maintenance and operation management systems



Traffic control systems



Alternative fuel options and accessories for vehicles


Maximum Savings

Per Category
.

A maximu
m savings of 50% of total savings can come from
maintenance and operations savings. A project may be carried out that only has energy or water
conservation savings. Maximum maintenance savings from transportation measures or water conservation
measures (WC
Ms) shall be considered on a case
-
by
-
case basis.


Funding
Sources to S
upport
A
nnual
P
ayment
.

Allowable cost savings are defined in
NMSA 1978,
6
-
23
-
2
A

and 2F
,

and generally include

cost avoidance of
:



E
nergy
cost
s




W
ater
cost
s

State Energy Performance Contracting

Model

Request for Proposals

issued by Governm
ental Unit

to Contractors

Provided by EMNRD as technical assistance to eligible Governmental Units

Agency legal review recommended

March 23, 2012



[Agency Name]


10





O
ther utility
cost
s



Vehicle
-
r
elated cos
ts



Operating budget cost
s

resulting from energy or water

conservation

measures
.


Savings from future upgrades or planned equipment upgrades, equipment life extension, engineering fee
reduction,

in
-
house labor,
improved learning environment and tr
aining costs are not allowed.



Other Considerations



Material/commodity savings, only in years when savings are achieved, including
avoided costs such as lamp and ballast replacements, scheduled replacement of parts,
etc.

This category is often recommen
ded to help increase the scope of work through added
source of funds; thorough documentation and review is critical to ensure these
anticipated savings are verifiable.



Maintenance cost savings such as terminated service contracts on equipment.



Equity cash
Outlay:
At option of
Government
al

Unit
, an equity cash outlay
, pending
funding approval,
may be used
.



Maintenance and operation cost savings: Savings will be limited to those that can be
thoroughly documented and approved. Such savings must only be att
ributed to the
cash flow in years when savings will actually occur.


Financing

Term
.

The
maximum
financing
term is
25 years
,

not to exceed the expected useful life of the
most durable energy or wa
ter conservation measure

(NMSA
1978,
6
-
23
-
3
A
,
3C
,
and
3D
)
.
The
ASHRAE
1

Book of Standards

will be used in determining the useful life of the equipment.



Guarantee
.

The ESCO must provide a performance guarantee in the form of a performance bond, a cash bond, a letter of
credit issued by a bank with a Moody'
s or Standard and Poor's rating of "A" or better or any other surety,
including insurance, satisfactory to the governmental unit and its approving agency (NMSA
1978,
6
-
23
-
4).




An annual contractual guarantee will be provided

(
NMSA 1978,
6
-
23
-
3B(1) and 6
-
23
-
4)
, where savings
are guaranteed to the extent necessary to make payments for the conservation measures.

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.


Annual Savings Exceed Annual Costs
.
Annual savings shall exceed annual payments each and
every

year. 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,
ESCO

fees,
maintenance services, monitoring services, and other services.


Interim Savings durin
g 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.




1

American Society of Heating, Refrigerating, and Air
-
Conditioning Enginee
rs

State Energy Performance Contracting

Model

Request for Proposals

issued by Governm
ental Unit

to Contractors

Provided by EMNRD as technical assistance to eligible Governmental Units

Agency legal review recommended

March 23, 2012



[Agency Name]


11




Excess Savings (beyond the guaranteed amount)
.
Excess savings will be ret
ained 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

and Margins
.
The individual cost markups
and margins
disclosed in the
proposal will be used

a
s maximums

in both the
Investment
-
Grade

Energy Audit

and the
Guaranteed
Utility Savings Contract
, provided the size and scope of the project remain similar. Cost markups
and
margins
presented in the proposal can be negotiated downward.


Open Book Pricing
.

Open book pricing will be required, such that the
ESCO

will fully disclose all costs,
including all costs of
contractor
s and vendors.
ESCO

will maintain cost accounting records on authorized
work performed under actual costs for labor and material, or
other basis requiring accounting records.
ESCO

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
establish
ed 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
ESCO

and will be applied to the
project.


Equipment Compatibility or Standardizatio
n
.

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
.


You c
ould
include name of existing controls system, or a requirement for open systems or devices,

if new
controls systems will have to be compatible with an existing brand of controls.


Annual Appropriations
.

Annual payment is subject to annual appropriations.


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

avoidance
, a calc
ulator will be used to determine the
maximum value as developed by the US Department of Energy for energy saving
s

performance
contracts in its Federal Energy Management Program. The
Energy Escalation Rate Calculator
is on
-
line at

http://www1.eere.energy.gov/femp/information/download_blcc.html#eerc
.


Measurement
and Verification Plan
.
A monitoring and verification plan will be developed per
guidelines in the
Guarant
eed Utility Savings Contract
.
Note that this should be rigorously reviewed by a
third party.


Independent Review of
Measurement

and

Verification
.
The
Guaranteed Utility Savings Contract

may

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
ESCO
’s

monitoring &
State Energy Performance Contracting

Model

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issued by Governm
ental Unit

to Contractors

Provided by EMNRD as technical assistance to eligible Governmental Units

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March 23, 2012



[Agency Name]


12



verification plans and reporting.
This is estimated to be 10 percent of the
ESCO
’s

monitoring &
verification costs.

Compliance

w
ith Codes and Regulations
. The energy project shall meet state and federal regulations;
funding source requirements, building energy code requirements, and government agency requirements
that are in effect.



State Energy Performance Contracting

Model

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issued by Governmental Unit

to Contractors

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[Agency Name]


13



ATTACHMENT B: PROPOSED PROJECT SCHEDULE


T
he following schedule is the proposed schedule, and may change during the project.

Change w
eek numbers

as needed
. Consider holiday or seasonal schedules if they are
the best times for
construction
.











ACTIVITY










DATE


RFP Phase


ESCO

Selectio
n and Award








Week 8

Refer to Submittal Schedule.

Consider time needed for
Qualified Provider certification by Energy,
Minerals and Natural Resources Department;
Board approval, if neces
sary
;

and

official announcement.


Investment
-
Grade

Energy Audit

Phase


Contract Negotiation









Weeks 9
-
11

Allow two weeks for negotiations. Reserve time to negotiate cost markups as maximum markups were
given in the proposal response. Also negotiate the scope and level of the audit. Otherwise, this contract

is
simple and straightforward.


Board approval and signatures to execute contract





Week 12

Allow sufficient time based on past experience wit
h contracts in your department.


Audit, Final Report and Presentation







Weeks 11
-
22

Allow time for several mee
tings during this process, so that there is suffi
cient discussion for agreement.


Guaranteed Utility Savings Contract

Phase

Negotiation and Documentation







Weeks 23
-
30

It is

very important to allow sufficient time to review the contract and meet severa
l times with the
ESCO

to
ensure thorough understanding of contract elements, to discuss and negotiate project scope and costs,
and to fully document the contract to incorporate project schedules, maintenance agreements, and other
project
-
specific documents
. Its time well
-
spent, as a thorough understanding and documentation of
expectations could

avoid future conflicts.



Board approval and si
gnatures to execute contract





Weeks 31
-
34

Allow sufficient time based on past experience with contracts in your de
partment. To save time, request
legal review and approval during the RFP stage.


Installation










To be negotiated



Commissioning/Monitoring Phase


Commissioning









To be negotiated

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Monitoring










To be negotiated

Staff Training










To be negotiated

Other











To be negotiated

Proposed Contract Term








To be negotiated



This schedule is subject to change.

State Energy Performance Contracting

Model

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issued by Governmental Unit

to Contractors

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hnical assistance to eligible Governmental Units

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2012



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15



ATTACHMENT C:
ESCO
RESPONSE


T
o

ESCOs

responding to this RFP:



For small projects, please limit your responses to a

level appropriate for the scope of the project.




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.


COVER SHEET

See cover sh
eet example at the end of this attachment.


1.0

OVERVIEW OF APPROACH

TO ENERGY SAVINGS PE
RFORMANCE
CONTRACTING

Provide a stand
-
alone overview, maximum of 5 pages, using any order or format to present
your company as you wish. Include highlights on company b
ackground, market sectors served,
company strengths and areas of expertise. Also include your general approach to performance
contracting: typical phases for a project and ability to support each phase (Project
Development, Energy Auditing, Performance/S
avings Guarantee, Financing, Construction,
Commissioning, Measurement and Verification, Client Staff/Occupant Training, Post
-
construction Maintenance Support).


This overview provides a good introduction of your firm to the evaluation committee.


2.0

PRO
JECT HISTORY

2.1

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; exp
erience with types of retrofits applicable to this project; etc.).

2.2

Project List

List all Energy Savings Performance Contracting projects developed and implemented by
your firm within the past five years. Only include projects where work was directly
cond
ucted by your company. If it is relevant to list projects performed under contract to
another firm, clearly identify the firm with overall responsibility for that project and the
project’s relevance to this RFP response.
Include projects in a similar marke
t sector and
with a similar scope of work and similar scale of potential projects.










Project
Name
/

Owner


Facility

Type

City &
State

Project
Size

(Dollars)

Project

Size

(Square Feet)

Year
Completed













State Energy Performance Contracting

Model

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2012



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16




2.3

Project References

Provide detai
led information on Energy Savings Performance Contracting projects you
want to showcase that have similarities to work related to this proposal, and projects your
firm completed that can be used for references.
Similarities could include type/use of
buildi
ng, 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).


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.


Expand on the information provided i
n the previous section to give details on individual
projects. Include the following information on each project as a minimum:


Project Identification:
Owner name, city/state, facility type (hospital, school, college, city,
county, etc.)

Contact Informati
on:

Names and contact information of owner(s) representatives who can
serve as references

Project Type:

Energy Savings Performance Contract
ing

or other type

Project Size:

Number of buildings and total project square footage

Project Dollar Amount:

Total co
ntract amount and the total project capital expenditure
amount

Source of Funding:

A description of the source of funding used for the project and the
company’s role (if any) in securing that funding

Project Dates:

Actual dates of audit start and acceptance
; Actual construction starting and
ending dates

Contract terms:

A description of

the type of contract, financing arrangement, and contract
term

Project Personnel:

A l
ist of the name(s) of individuals involved in the project, their role(s)
and if these pers
onnel will be assigned to the state’s projects

Project Schedule:
Indicate if project was completed on schedule and an explanation if not

List of Improvements:
The types of retrofits and operational improvements implemented
related to energy, water and othe
r cost savings

Project Performance:

The amounts of projected annual savings, guaranteed annual savings,
and actual annual savings for each project
in a table as shown below





Units

Projected
Annual
Energy
Savings

Guaranteed
Annual
Energy
Savings

Actual
E
nergy
Savings

Year 1

Actual
Energy
Savings

Year 2

Actual
Energy
Savings

Year 3

Actual
Energy
Savings

Year 4

Actual
Energy
Savings

Year 5

kWh








kW








State Energy Performance Contracting

Model

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issued by Governmental Unit

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hnical assistance to eligible Governmental Units

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23,
2012



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17



MMBTU








Gallons








(Other)









Measurement and Verification:

A brief descriptio
n of the M&V approach for
each
project
including which savings were stipulated, if any

Performance Guarantee:

A description of the savings guarantee for
each
project and, if the
guaranteed savings were not achieved, how the company compensated the
Agency

f
or any
annual shortfall (e.g. pay funds to meet the guarantee, etc.)

Additional Comments:

Comments on any special features, services, conditions, creative
approaches, special needs of
Agency
, etc. that may be relevant.

2.4

Contract List.
Provide a list of a
ll agreements or contracts, including those which have been
subject to early termination for any reason by either party in the previous 3 years, or that are in
litigation
.

3.0

QUALIFICATIONS

3.1

History and Focus of Company

3.1.1

Structure and Evolution of the Firm

Des
cribe how your company evolved, how long it has been in business under its
current and any former names, and its corporate structure (corporation, partnership,
sole proprietorship, joint venture, etc.) including identification of branch offices. For
joint
ventures include the structure of the joint venture and historical information on
each member.

3.1.2

Years in the Energy Business

State the number of years the company has been involved in the energy
-
efficiency
related business.

3.1.3

Years in Performance Contractin
g

State the number of years the company has offered Energy Savings Performance
Contracting services.

3.1.4

Number of Performance Contracting Projects

State the number of performance contracting projects completed by the company:
n
umber under $1 million in pro
ject cost;
n
umber over $1 million.

3.2

Financial Soundness and Stability of the Company

3.2.1

Financial Soundness

Describe the financial soundness and expected stability of the company.

3.2.2

Profitability

Describe the company’s profitability with supporting documentati
on covering the
past three years.

3.2.3

Financial Reports

Provide the company’s most recent 12
-
month audited financials including, at a
minimum: Balance Sheet, Income Statement, Statement of Cash Flow, and
Statement of Financial Conditions. Include the name, add
ress, and telephone
number of the preparer.

3.2.4

Bonding

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2012



[Agency Name]


18



Include responses to the following:

3.2.4.1

Current bonding rating

3.2.4.2

Current bonding capacity

3.2.4.3

Amount or percentage of bonding capacity currently obligated

3.2.4.4

Current bonding rate

3.2.4.5

Confirmation that the company is bonda
ble for 100% of a payment bond
on a project

3.2.4.6

Confirmation that the company is bondable for 100% of a performance
bond on a project

3.2.4.7

Letter from a licensed surety as evidence of ability to bond for payment
and performance


3.3

Industry Accreditations

Provide info
rmation on any accreditations by any industry organizations, such as the
National Association of Energy Service Companies (NAESCO). Provide information on
any pre
-
qualifiers for your firm, such as work through the US Departments of Energy or
Defense for f
ederal projects. Briefly describe the relevance or importance of the
accreditation or pre
-
qualification to the work proposed in this RFP.

3.4

General Scope of Services

Provide a brief comment (25 words or less is preferred) for each of the items listed to
il
lustrate the company’s capability in each area.

3.4.1

Energy systems in buildings:

Mechanical/Electrical Systems

3.4.1.1

Lighting: indoor and outdoor

3.4.1.2

Heating

3.4.1.3

Ventilation and indoor air quality issues

3.4.1.4

Cooling

3.4.1.5

Control and building automation

3.4.1.6

Fuel switching

3.4.1.7

Central pla
nt

3.4.1.8

Water
-
consuming

Renewables

3.4.1.9

Daylighting

3.4.1.10

Solar
-
electric

3.4.1.11

Solar thermal

3.4.1.12

Geothermal

3.4.1.13

Wind, small
-
scale or large
-
scale

3.4.1.14

Biomass

3.4.1.15

Distributed generation

Specialty Systems or Specific Building Types

3.4.1.16

Kitchen or laundry

3.4.1.17

Laboratories, clean rooms

3.4.1.18

Healthcare
hospitals, nursing homes, clinics

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2012



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19



3.4.1.19

Swimming pools and recreational facilities

3.4.1.20

Computer laboratories

Energy Management Services

3.4.1.21

Energy management

3.4.1.22

Utility bill auditing and bill payment

3.4.1.23

Energy Star Portfolio Manager, benchmarking

3.4.1.24

LEED for Existing Buildings

3.4.1.25

Commissioning/re
-
commissioning (per the requirements outlined in
Guaranteed Utility Savings

Contract


Schedules
)

Other

3.4.1.26

Transportation


fleet fuel management, etc.

3.4.1.27

Other

3.4.2

Project Development and Implementation

3.4.2.1

Energy auditing (identify potential energy
-
sa
ving measures, determine
savings projection based on standard energy engineering principles;
estimate project costs; present package of measures with cash flow)

3.4.2.2

System design engineering: mechanical, electrical, etc.

3.4.2.3

Procurement, bidding

3.4.2.4

Construction

3.4.2.5

Comm
issioning of projects and retro
-
commissioning of existing
buildings (per the requirements outlined in
Guaranteed Utility Savings

Contract


Schedules
)

3.4.2.6

Project management

3.4.2.7

Identification of asbestos and other haz
ardous materials and abatement,
recycling or d
isposal as applicable

3.4.3

Core Performance Contracting Services

3.4.3.1

Performance guarantee for every year of the financing term

3.4.3.2

Insurance per contract requirements

3.4.3.3

Equipment warranties

3.4.3.4

Ability to facilitate financing including a municipal, tax
-
exempt lease
purcha
se

3.4.3.5

Measurement and verification of savings (per the requirements outlined
in
Energy Savings Performance Contract


Schedules
)

3.4.3.6

Training: maintenance staff and occupants

3.4.4

Support Services:

3.4.4.1

Marketing and promotion of the SEO Energy Savings Performance
Contract
ing Program

3.4.4.2

Long
-
term maintenance services on energy systems

3.4.4.3

Application for an Energy Star

Label and LEED certification

3.4.4.4

Calculation and reporting of emissions reductions


4.0

TECHNICAL APPROACH

4.1

Investment
-
Grade

Energy
Audit


State Energy Performance Contracting

Model

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hnical assistance to eligible Governmental Units

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2012



[Agency Name]


20



Under separate cover, provide a s
ample audit representative of an Energy Savings
Performance Contracting project in a government facility. (See RFP for proper delivery
media.) Include an introduction repeating the response for this section.


In response to this section, provide a brief d
escription of the audit and the detailed energy
and economic calculation. Verify that the sample audit was conducted by current
members of the company’s team proposed for this work. Provide a description of the
process your company uses for a typical aud
it in the types of facilities relevant to this
RFP.

4.2

Standards of Comfort

A description of the
standards of comfort the company generally uses for light levels, space
temperatures, ventilation rates, etc. in the types of facilities relevant to this RFP.

4.3

Baseline Calculation Methodology

A detailed description of the methodology normally used by the company to compute the
baseline of energy and water use for a facility. Include a discussion of how the
Agency

i
s
engaged for development of
agreement on the b
aseline. Note the requirements in the
Investment
-
Grade

Energy
Audit and Project Proposal
and
Guaranteed Utility Savings

Contract
.




4.4

Adjustments to Baseline

A discussion of typical factors that can impact the calculated baseline and the company’s
gener
al approach to adjusting the calculated baseline if one or more of these factors are
present. Include how the
Agency

is involved for agreement on any adjustments. Note the
requirements in the
Investment
-
Grade

Energy
Audit and Project Proposal
and
Guarante
ed Utility Savings

Contract
.

4.5

ENERGY STAR Portfolio Manager

Describe your approach to using ENERGY STAR Portfolio Manager to rank buildings,
assess building opportunity and aid in measurement and verification. Note the required
use as indicated in the
In
vestment
-
Grade

Energy
Audit and Project Proposal
and
Guaranteed Utility Savings

Contract
.

4.6

Measurement and Verification

Describe your approach to
M
&
V

and your experience with the latest versions of the
International Performance Monitoring and Verification

Protocol. Note the
M
&
V

processes defined in the
Investment
-
Grade

Energy
Audit and Project Proposal
and
Energy Savings Performance Contract
.

4.7

Commissioning

Describe your approach to commissioning. Note the commissioning processes defined in
the
Investme
nt
-
Grade

Audit and Project Proposal
and
Guaranteed Utility Savings

Contract
.

4.8

Financing Solicitation

The selected ESCO will be required to solicit bids for financing on behalf of
Agency
.
(Since
Agency

will sign a separate agreement with the financing comp
any,
Agency

will
State Energy Performance Contracting

Model

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March
23,
2012



[Agency Name]


21



review bids, select desired firm, and develop the financing agreement.) To solicit bids,
ESCO

will use the RFP and supplemental information provided in

Appendix H
(Financing Bid Package)
.






Identify three financing companies that you

recommend as qualified to provide
municipal tax
-
exempt financing for this project.



Provide letters of qualifications and references from each firm.

4.9

Performance Guarantee


Describe how the performance guarantee is provided (self
-
guarantee or third part
y) and
describe the value of this approach.

4.10

Insurance


Describe how insurance is provided (self
-
guarantee or third party) and describe the
value of this approach.


5.0

MANAGEMENT APPROACH
AND CAPABILITY FOR
THIS

PROJECT

5.1

Project Management and Coordination

5.1.1

Organizational Structure and Coordination

Describe your firm's approach to managing this project. Include an organizational
chart (with names and titles) showing clear lines of communication and
responsibility. Include the responsibilities of each indivi
dual shown. Describe the
transition and responsible parties from the sales to auditing phase, auditing to
construction phase, construction to follow
-
up monitoring phase, etc. Identify
portions of the effort, if any, that are proposed to be subcontracted a
nd provide the
same information for the
contractor
’s organization and personnel.

5.1.2

Local Staffing and Support

List the
office location (city and state)
for personnel proposed.

Describe t
he
extent of local staffing and support for the each phase of the proje
ct.

Describe the
relevance or importance of local presence with regard to this project.


5.1.3

Approach to Subcontracting

Describe

the types of services (both professional and construction services) that
your company offers in
-
house and the services that will

be offered through
contractor
s. Describe the strategy behind in
-
house vs.
contractor

use.


5.1.4

Construction Management

Describe how your firm would work with current building management and
maintenance personnel in order to coordinate construction and avo
id 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
ESCO

proje
cts,
integration of other identified capital needs with
ESCO

projects which may or may
not contain energy and water saving opportunities.

5.1.5

Agency

Involvement

Describe how you engage the
Agency

in decision
-
making regarding project scope,
equipment specificat
ions, ongoing operational and maintenance strategies, etc., and
how you incorporate
Agency
’s needs.

State Energy Performance Contracting

Model

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to Contractors

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2012



[Agency Name]


22



5.1.6

Long
-
term Servicing

Describe long
-
term servicing of equipment and systems. State the location of your
nearest servicing office.

5.2

Personnel and Staffing

Provide a table to show your personnel pool of

individuals who will be assigned responsibility
for each task and phase of a project. Identify any
contractor
s already selected.
Also include

any
added expertise and capability of staff available through oth
er branch offices, subcontracts, etc.,
that can provide back
-
up strengths. Provide resumes in a clearly marked appendix.


A minimum
of
3 years experience
is required
of the supporting team, such as an

energy auditor,
designer, or contractor, in conducti
ng energy audits

of qualified energy projects.

Indicate
compliance.



Describe how
contractor
s are selected. Also comment on your ability to competitively select
contractor
s
.


Name

Title


Staff or
Contractor

Potential
Role

Academic/

Professional
Qualif
ications

Level
of
Expertise

Base
Location








Potential role
: technical analysis, engineering design, construction management, construction,
training, post
-
construction measurement and verification, support, and other services.

Level of expertise:

years in industry or other brief description

Base Location:
p
ermanent office in the state;
on assignment from other state; o
ut
-
of
-
state
support.

5.3

Site
-
Specific Capability

5.3.1

Types of Services.


Summarize the scope of services (auditing, design, constructi
on, monitoring, operations,
maintenance, training, financing, etc.) identified for this project.

5.3.2

Relevant Market Sector Experience/Expertise

Provide information that emphasizes your company’s experience and expertise in the
types of facilities related to

this project.

5.3.3

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 LEED
-
EB
opportunities related to operation and maintenance. 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.

5.3.4

Project Schedule


Comment on your ability to meet the

schedule and the reasonableness of the schedule.

State Energy Performance Contracting

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2012



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23



5.3.5

New Mexico Contractors

Verify that New Mexico licensed contruction contractors will perform the work.
Also verify
that projects will be certified by a New Mexico registered engineer.

5.3.6

ENMRD Certificati
on Requirement

Under separate cover, provide the ESCO application as presented in Attachment I. This
must
be provided to the EMNRD Energy Conservation and Management Division to certify that
an Energy Service
s

Company (ESCO) meets the required criteria fo
r a qualified provider as
required by the Public Facility Energy Efficiency and Water Conservation Act (NMSA 1978
,
6
-
23
).




6.0

COST AND PRICING

Responses to
this section only

will remain proprietary.


6.1

Cost Markups

Provide
proposed maximum
markups

in the ta
ble below for each category listed.
Markups represent a percentage added to the base cost for the project (excluding the
cost of the audit).


This format is required and must be completed in its entirety. Use only the categories
shown. Ranges for markup
s are not acceptable.


Clearly describe how self
-
performed work will be charged (billed hourly, billed as a
markup of equipment and labor costs, etc.). If self
-
performed work will be billed
hourly, include markups proposed to be applied to the hourly rat
e.


Construction Costs

Provided by ESCO
(check)

Provided through
subcontractor
(check)

Maximum Markup
above actual costs

(if any)

Contractor

Costs (
ESCO

Costs to ESCO)




Other Direct Purchases of Equipment, Material, Supplies by
the ESCO (do not includ
e
contractor

supplied purchases as
they should be included above)




Design




Project Management




Commissioning




Training




Construction Measurement and Verification




Permits (markup allowed only if permits are acquired by
ESCO)




Per
formance Bond




Please Note:
Above table does not include project margins. Project Margins for overhead and profit
are presented separately in the table in
S
ection 6.2.



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2012



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24



6.2

Project Margins

In the table below provide the maximum
margins

(margins, not m
ark
-
ups)

that will be
applied to any project within this program. Margins represent the percentage
of

the
total price.





Project Margin

Maximum %
Margin

Overhead Percent


Profit Percent



If a proposal is from a joint venture partnership, include p
roposed maximum allowable
margins

in the schedule format above for each participating company.


6.3


Audit Fee

Provide the maximum fee to conduct the
Investment
-
Grade

Audit and Project
Development Proposal, on a cost per square foot basis. The

company agree
s that the
proposed maximum fee shall
incorporate its responsibility to adhere to and complete the
full scope of work as presented in the
Attachment F (
Investment
-
Grade

Energy
Audit and Project Development Contract)
.











Proposed Max cost
per s
qua
re
f
oot (sqft)




Investment
-
Grade

Energy
Audit
and Project Proposal

$/s
q
f
t



6.4

Other Fees

For each category describe how that annual cost is determined, how the fee is charged
to the project and when it is applied. Markups on fees are not allowable.


Annual Cost Category

How Price is Determined

Years Applied (One
-
time, Annual, etc.)


Warranty





Post
-
Retrofit
Measurement &
Verification



Maintenance





Other:





Other:





Other:





State Energy Performance Contracting

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2012



[Agency Name]


25






6.5

Contingency

Describe your company’s

typical level
of contingency budget for lighting, electrical,
mechanical, controls projects, and other projects and how it proposes to apply
contingency to cover changes in work scope and
contractor

change orders. Note that all
unused contingency funds will revert to th
e
Agency

or be applied to additional work
scope through a change order approved by the
Agency
.

6.6

Equipment/Labor Cost Competition

Describe your company’s
process to solicit bids on equipment/labor or to ensure
price/cost competition and the best value for th
e
Agency
.

6.7

Open Book Pricing

Open book pricing is required as stated in
Attachment G:

Guaranteed Utility Savings

Contract.
Describe your company’s

approach to open book pricing and the method for

maintaining cost accounting records on authorized work perfo
rmed under actual costs for
labor and material, or other basis requiring accounting records.

6.8

Best Value

Briefly describe how your approach to performance contracting delivers best value for
the investment. Describe any utility rebates or other financial

incentives or grants you
can potentially provide and/or facilitate.

6.9

Application of Markups and Fees (Hypothetical Example)

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.


Include a sample project proforma a
nd clearly indicate all fees required for monitoring &
verification, project management and all services that may be included in the actual
project, including the audit cost. All markups, margins and fees used in this example must
be representative of wha
t will be used in the actual project.


Additional markups, margins, fees, or service category costs not shown in this example
will NOT be allowed in the final contract.


Incomplete information will be considered an incomplete response and cause the respo
nse
to be rejected.


6.9.1

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 porti
on of the project and
break out labor, materials and other categories as you will for open book pricing.

State Energy Performance Contracting

Model

Request for Proposals

issued by Governmental Unit

to Contractors

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hnical assistance to eligible Governmental Units

Agency legal review recommended

March
23,
2012



[Agency Name]


26



6.9.2

Provide same information for an example boiler measure (or other heating/cooling
equipment if a boiler replacement is not relevant for this project)

6.9.3

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.



7.0

COMPLIANCE

7.1

Compliance with Project and
Agency

Requirements

State your firm’s commitment to adhere to the following:

7.1.1

Investment
-
Grade

Energy
Audit and Project Development Contract

Using the
Investment
-
Grade

Energy
Audit and Project Pro
posal Contract
(Attachment F)
, customizing only the project specifics presented in the
schedules.

7.1.2

Guaranteed Utility Savings

Contract

Using the
Guaranteed Utility Savings

Contract (Attachment G)
, customizing
only the project specifics.

7.1.3

RFP for Financi
ng

Using the RFP to solicit bids for financing as provided in
Financing Bid
Package (Attachment H)
.

7.1.4

Special Contract Terms and Conditions

Affirm your ability to meet requirements and project
terms

specified in

Attachment A: Special Contract Terms and C
onditions.


7.2

Compliance with
Legislative Requirements

7.2.1

Affirm your understanding of related legislative requirements.

7.2.2

Performance Guarantee:
Provide a performance guarantee in the form of a performance
bond, a cash bond, a letter of credit issued by a ba
nk with a Moody's or Standard and Poor's rating
of "A" or better or any other surety, including insurance, satisfactory to the governmental unit and
its approving agency (NMSA

1978,

6
-
23
-
4).







State Energy Performance Contracting

Model

Request for Proposals

issued by Governmental Unit

to Contractors

Provided by EMNRD as tec
hnical assistance to eligible Governmental Units

Agency legal review recommended

March
23,
2012



[Agency Name]


27










PROPOSAL

For
Energy
S
avings
P
erformance

Contracting

Services




COVER SHEET







Publish Date
:

Date


RFP Number:

RFP Number

Return all
Proposals to:


Mailing Address:


Physical Address for hand
-
delivery (if
different):

Purchasing Agent
:

Name




Per the attached specifications, terms and conditions


F.E.I.N.:


Payment Terms:


(Minimum of Net 30)


Delivery Date:


Authorized Signature:


Typed/Printed Name:


Title:


Company Name:


Address:


City:


State:


Zip:


Phone Number:


Fax Number:


Contact for Clarifications:


Title:


Phone Number:


Fax Number:


E
-
mail Address:


State Energy Performance Contracting

Model

Request for Proposals

issued by Governmental Unit

to Contractors

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hnical assistance to eligible Governmental Units

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23,
2012



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28




IMPORTANT: The following information must be on the outside of the Bid Return Envelope:



State Energy Performance Contracting

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29



ATTACHMENT

D:

E
VALUATION


WRITTEN PROPOSALS

The Evaluation Team will identify scoring weights for each section, with the “Cost a
nd Pricing” section
equaling a minimum of 30% of the total score of the written response to this RFP. The weights of criteria
will be determined by the Evaluation Team.



The Evaluation Team recognizes it is premature to place a major emphasis on proje
cted financial benefits
prior to the completion of the
Investment
-
Grade

Energy Audit
, because the
a
udit will define the potential
scope and cost benefit. Therefore, the most emphasis will be on qualifications and less emphasis will be
placed on the cost i
nformation.


INTERVIEWS

ESCO
s
in the competitive range will be invited for an oral interview. The proposal scores will be
modified based on clarifications to responses provided in the interview.


SELECTION

The Evaluation Team will identify the appa
rent awardee and then contact references to complete the
evaluation.


With quality references, the apparent awardee will be notified of selection; otherwise, the same process
will be used with the second
-
ranked
ESCO
.



QUALIFIED PROVIDER CERTIFICATION

ESCOs are notified that
certification

as a Qualified Provider will be required, pursuant to 6
-
23
-
5B

NMSA 1978
.
Approval of Guaranteed Utility Savings Contracts
shall be given upon
:




certification by the E
nergy,
M
inerals and
N
atural
R
esources
D
epartment t
hat the
Q
ualified
P
rovider of energy conservation measures meets the experience requirements set by the
D
epartment
; and



certification

by the O
ffice of the
S
tate engineer that the
Q
ualified
P
rovider of water
conservation measures meets the experience requir
ements set by that
O
ffice
.




State Energy Performance Contracting

Model

Request for Proposals

issued by Governmental Unit

to Contractors

Provided by EMNRD as technical assistance to elig
ible Governmental Units

Agency legal review recommended

March 23, 2012


[Agency Name]


30



New Mexico Energy, Minerals and Natural Resources Department (EMNRD)

1220 S. St. Francis Dr., Santa Fe, NM 87505
www.CleanEnergyNM.org

(505) 476
-
3310


Questionaire for References

ESCO References will be asked the following questions by EMNRD
Energy Conservation and Management Division
. The responses will be
evaluated and will contribute to the ESCO’s score. The evaluation is
needed

to certify that an

Energy Service Company (ESCO) meets the
required criteria for a qualified provider as required by the Public Facility
Energy Efficiency and Water Conservation Act (6
-
23 NMSA 1978).


Application No.







For EMNRD use only

Form version date
: 1/5/11

Question Scoring


Superior = 5 points

Acceptable = 3 points

Not Acceptable = 1 point

Project Name:






Reference:






ESCO:







Experience

1.

Satisfaction with methods of measuring energy sav
ings

Superior

Acceptable

Not Acceptable

Discussion









2.

Overall satisfaction with the project

Superior

Acceptable

Not Acceptable

Discussion









3.

Energy savings achieved to date (actual and/or avoided costs)

Superior

Acceptable

Not Acceptable

Discussion











Manag
ement

4.

Frequency/clarity of ESCO communication with client representatives

Superior

Acceptable

Not Acceptable

Discussion















State Energy Performance Contracting

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5.

ESCO responsiveness to specific user r
equests to resolve problems

Superior

Acceptable

Not Acceptable

Discussion










6.

ESCO’s coordination of construction scheduling with building staff

Superior

Acceptable

Not Acceptable

Discussion









7.

Ability of contractor to complete project on schedule

Superior

Acceptable

Not Acceptable

Discussion












8.

Quality of training for facility personnel provided by ESCO

Superior

Acceptable

Not Acceptable

Discussion










Technical

9.

ESCO un
derstanding of your facility systems

Superior

Acceptable

Not Acceptable

Discussion









10.

Comprehensiveness of overall assessment of the facility by ESCO

Superior

Acceptable

Not Acceptable

Discussion









11.

Completeness of installed retrofits

Superior

Acceptable

Not Acceptable

Discussi
on











State Energy Performance Contracting

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32



ATTACHMENT

E:
TECHNICAL FACILITY P
ROFILE


The
ESCO
s will need a description of the facilities in order to decide whether to respond to the RFP.
Use any format you wish. Only include information that is readily available in
order to expedite the
RFP process. At the minimum, include “Building List” and the minimum recommended portions of the
“Energy and Water Consumption and Cost Information” section
.



The information in this technical facility profile is provided to info
rm the
ESCO

about the condition of
the facilities. The information was prepared with diligence. The
ESCO

is responsible for verifying the
accuracy, as necessary.


Provide as a separate file to avoid word
-
processing errors. Include this page as a cover she
et.


Building List

List of Buildings (include
all

buildings that could be potential candidates either now or in the future; you
can always scale
-
back the project scope during contract negotiations if desired). List only those buildings
where you pay the

utility bills and have responsibility for upgrades. Include:

o

Name of building

o

Total square footage of conditioned space.

o

Primary use of building (school, office, etc.)

o

Year constructed

o

Year of any major modifications, additions or renovations (briefly

describe)

o

General location of buildings if not all are in one city or one “campus”


Energy and Water Cost & Consumption Information

Only provide information that is readily available.



List the present utility companies that provide electricity, gas, wat
er, etc.



Is natural gas or propane used? If propane, is natural gas available in the area?



Provide energy use information as available: At a minimum, include
annual costs

for each of the
main buildings (preferably itemized by electricity, natural gas
, water, etc.).
If available
, include
monthly

consumption and cost information for electricity (kW, kWh, $), gas (ccf/therms/gal, $), water
(gal, $), etc. for the past one
-
year period for each of the major buildings. If monthly information is
not readi
ly available, attach copies of utility rate schedules that apply to the facilities or include a
sample utility bill for electricity, gas, etc. for each facility or meter from a winter month and summer
month. If under contract for natural gas, provide the
fuel purchase agreement and a monthly price
history, if available.


Past Energy Improvement Efforts

Only provide information that is readily available.



Describe any major energy
-
related changes made during the past ten years (boiler/chiller
replacements,

other heating/cooling modifications, cooling additions, energy management control
installation/upgrade, T8/electronic ballast lighting upgrades, ventilation improvements, etc.).



State if any energy audits were conducted in the past 5 years and if the info
rmation is available.


State Energy Performance Contracting

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33



Future Plans

Only provide information that is readily available
. If not readily available, the ESCO can work with
you to collect needed information during the audit phase
.



Describe any major change planned to occur (additions or r
enovations; lighting upgrade, major
equipment replacement; decommissioning, demolition or sale; significant change in function or
hours of operation in the next 10 years; change in function of building such as from classrooms to
offices, change in hour
s of use such as year
-
round to seasonal operation).



Describe funding available, planned or anticipated for these improvements.



Describe any building improvements that you would like to investigate during this project.


Energy
-
Using Systems Description

On
ly provide information that is readily available
. If not available, the ESCO can work with you to
collect needed information during the audit phases
.





Heating System: Briefly describe the types of heating systems serving your buildings (boiler,
furnac
e, rooftop unit, etc.). Also describe the distribution system that delivers heated/cooled air to
the rooms (forced air, water, etc.)
Describe the age and condition.



Cooling System: Briefly describe the type of cooling system serving your building (chill
er, roof
-
tops, etc.).
Describe the age and condition.



Controls System: If you have a controls system to control space temperatures and heating and cooling
equipment, please describe its capability (what is controlled), type (pneumatic compressed air syst
em,
direct digital control system), condition, manufacturer name and model, and approximate year
installed.



Lighting System, Interior: Describe extent of replacement of fluorescent systems to T8 lamps and
electronic ballasts.



Water Heating System:
Describe your domestic water heating system. Is it part of the space
heating system?



Other Energy
-
Using Systems (laundry, kitchen, laboratory, solar system, swimming pool, spa, ice
rink, etc.)



List any added water use such as showers, laundry, irrigati
on, etc.


Operating Information

Only provide information that is readily available.
If not available, the ESCO can work with you to
collect needed information during the audit phases.




Describe the typical hours of operation for each facility (weekda
y, weekend, seasonal). In other
words, when are the lights on and when is the heating/cooling system operated?



Describe the janitorial hours (during occupied hours or after hours?)



Describe when cooling systems are used and in which buildings


Maintenan
ce Practices

Only provide information that is readily available.



Describe the general maintenance practices (preventive maintenance plan used, skilled or low
-
skilled
maintenance staff, good or poor funding for maintenance, much or little deferred mainten
ance, etc.)



Describe any known maintenance problems and/or needs associated with deferred maintenance.
Include comfort problems.


State Energy Performance Contracting

Model

Request for Proposals

issued by Governmental Unit

to Contractors

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nded

March 23, 2012

[Agency Name]


34



ATTACHMENT

F:

MODEL
INVESTMENT
-
GRADE

ENERGY AUDIT

&

PROJECT
PROPOSAL
CONTRACT


OVERVIEW:

This
Investment
-
Grade

Energy Aud
it

& Project
Proposal

Contract
is the first of two contracts with the
selected
ESCO
. The
ESCO

will complete an
Investment
-
Grade

Energy Audit

that will include an
analysis of each proposed project with projected energy and cost savings and itemized project

cost.
The
ESCO

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
Guarante
ed Utility Savings

Contract.


The complete contract is under a s
eparate
electronic
file for
easier use.



P
rovide this attachment under separate file for easier use. Retain this page

with overview

as a
“placeholder.”





State Energy Performance Contracting

Model

Request for Proposals

issued by Governmental Unit

to Contractors

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Agency legal review recommended

March 23, 2012

[Agency Name]


35




ATTACHMENT

G:

MODEL
G
UARANTEED UTILITY SA
VINGS
CONTRACT


OVERVIEW:

This
Guaranteed Utility Savings

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 savi
ngs of each project. The audit provides the basis to develop and negotiate this
Guaranteed Utility Savings

Contract
.


The complete contract is under a s
eparate
electronic
file for
easier use.








State
Energy Performance Contracting

Model

Request for Proposals

issued by Governmental Unit

to Contractors

Provided by EMNRD as technical assistance to eligible Governmental Units

Agency legal review recommended

March 23, 2012


[Agency Name]


36




ATTACHMENT

H:

FINANCING
SOLICITATION
PACKAGE


T
he complete package is under a s
eparate
electronic
file for
easier use.



OVERVIEW

The
ESCO

is expected to conduct a competitive bid process to select a financing firm to satisfaction of
Agency
.


Table of Contents


Request for Proposal for Financing


Lease Contract

Not included; Examples from finance companies are available but they should be customized to
meet the state’s statutes.


Financing Proposal Letter


Signature Sheet


Overview of Facility Improvement Projects


State Energy Performance Contrac
ting

Model

Request for Proposals

issued by Governmental Unit

to Contractors

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March 23, 2012


[Agency Name]


37




ATTACHMENT

I:

ESCO APPLICA
TION FOR EMNRD CERTI
FICATION



New Mexico Energy, Minerals and Natural Resources Department (EMNRD)

1220 S. St. Francis Dr., Santa Fe, NM 87505
www.CleanEnergyNM.org

(505) 476
-
3310

Energy Service
s

Company Application

The following information must be provided to the EMNRD

Energy
Conservation and Management Division to certify that an Energy Service
s

Company (ESCO) meets the required criteria for a qualified provider as
required by t
he Public Facility Energy Efficiency and Water Conservation
Act (6
-
23 NMSA 1978).


Application No.







For EMNRD use only

Form version date: 1/5/11


Contact Information

Name of Firm








Principal
Contact










Mailing Address

(
Address, City, Zip Code
)













Telephone

Numbers







Email







NM Registered

Professional

Engineer







Project
Manager








Experience


Years experience as
energy efficiency
contractor







Number of q
ualified energy
savings contracts
undertaken by firm in past
three years







Summarize type
and size of
qualified energy
savings projects
implemented by
ESCO or primary
energy
management
contractor










State Energy Performance Contrac
ting

Model

Request for Proposals

issued by Governmental Unit

to Contractors

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March 23, 2012


[Agency Name]


38




Project Personne
l

Provide key personnel who will work on the project. Duplicate this page as necessary.

Name of Firm








Principal
Contact










Mailing Address

(
Address, City, Zip Code
)













Telep
hone

Numbers







Email







Project
Responsibilities







Experience,
Licenses, and
Certificates








Name of Firm








Principal
Contact










Mailing Add
ress

(
Address, City, Zip Code
)













Telephone

Numbers







Email







Project
Responsibilities







Experience,
Licenses, and
Certificates








Name of F
irm








Principal
Contact










Mailing Address

(
Address, City, Zip Code
)













Telephone

Numbers







Email







Project
Responsibilities







Experience,
Licenses, and
Certificates








State Energy Performance Contrac
ting

Model

Request for Proposals

issued by Governmental Unit

to Contractors

Provided by EMNRD as technical assistance to eligible Governmental Units

Agency legal review recommended

March 23, 2012


[Agency Name]


39




ATTACHMENT

J:
OTHER


Statutes


The complete statutes are under a s
eparate
electronic
file for
easier use.