HomeMy WebLinkAboutR-03-0250J-03-200
03/10/03
RESOLUTION NO. 03-P 250
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), ACCEPTING THE
RECOMMENDATION OF THE CITY MANAGER APPROVING
THE FINDINGS OF THE EVALUATION COMMITTEE
PURSUANT TO REQUEST FOR QUALIFICATIONS
NO. 01-02-224, THAT THE MOST QUALIFIED FIRMS
TO PROVIDE ENERGY PERFORMANCE SAVINGS
CONTRACTING SERVICES ARE, IN RANK ORDER:
(1) FLORIDA POWER AND LIGHT, (2) JOHNSON
CONTROLS, INC., AND (3) TECO BGA, INC.;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE A
PROFESSIONAL SERVICES AGREEMENT
("AGREEMENT") WITH FLORIDA POWER AND LIGHT,
THE TOP-RANKED FIRM, FOR AN INITIAL TEN-YEAR
PERIOD, WITH THE OPTION TO EXTEND FOR ONE
ADDITIONAL FIVE-YEAR PERIOD; FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN
AGREEMENT WITH THE SECOND -RANKED FIRM AND
THE THIRD -RANKED FIRM, RESPECTIVELY, IN THE
EVENT NEGOTIATIONS FAIL WITH THE TOP-RANKED
FIRM; DIRECTING THE CITY MANAGER TO PRESENT
THE AGREEMENT TO THE CITY COMMISSION FOR
CONSIDERATION.
WHEREAS, the City Manager issued Request for Qualifications
No. 01-02-224 seeking a qualified and experienced performance
contractor to develop and implement a comprehensive energy
performance program for the City; and
r,- T Acv;v
b'a it Y I
CITY CODWSOM
MEETM CIE
i
MAR 2 7 2003
Resolution Alio.
03-5a
WHEREAS, this energy performance program would realize
maximum energy and operational savings, pursuant to Florida
Statutes, Section 489.145, attached and incorporated, also known
as the "Guaranteed Energy Performance Savings Contracting Act;"
and
WHEREAS, the State of Florida found that investment in
energy conservation measures in agency facilities can reduce the
amount of energy consumed and produce immediate and long-term
savings; and
WHEREAS, it is the policy of the State of Florida to
encourage agencies to invest in energy conservation measures
that reduce energy consumption, produce a cost savings for the
agency (municipality) and improve the quality of indoor air in
public facilities; and
WHEREAS, it is the policy of the State of Florida to
operate, maintain, and when economically feasible, build or
renovate, existing agency facilities in a manner to minimize
energy consumption and maximize energy savings; and
WHEREAS, it is also the policy of the State to encourage
agencies to reinvest any energy savings resulting from energy
Page 2 of 5
U3-. 250
conservation measures in additional energy conservation efforts;
and
WHEREAS, the objective of this project is to audit and
upgrade the City's facilities and infrastructure, utilizing a
comprehensive performance contracting approach, including but
not limited to, energy audits, energy cost monitoring, project
financing, and a guarantee that the total program costs will be
100% covered by program energy and operational savings; and
WHEREAS, timely implementation of this project is a
priority of the City; and
WHEREAS, the Department of Capital Improvement Projects
shall be responsible for the contract once executed; and
WHEREAS, the Evaluation Committee evaluated the proposals
received and ranked Florida Power and Light as the top-ranked
firm to provide said services, and further recommended that
should negotiations fail with Florida Power and Light, the City
Manager shall negotiate with Johnson Controls, Inc., the
second -ranked firm, and TECO BGA, Inc., the third -ranked firm,
respectively;
Page 3 of 5
03- 250
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The recommendation of the City Manager to
approve the findings of the Evaluation Committee pursuant to
Request for Qualifications No. 01-02-224, that the most
qualified firms to provide energy performance savings
contracting services are, in rank order: (1) Florida Power and
Light, (2) Johnson Controls, Inc., and (3) TECO BGA, Inc., is
accepted.
Section 3. The City Manager is authorizedll to negotiate
a Professional Services Agreement ("Agreement"), with Florida
Power and Light, the top-ranked firm, for an initial ten-year
period, with the option to extend for one additional five-year
period.
Section 4. The City Manager is further authorizedll to
negotiate an Agreement with the second -ranked firm and
third -ranked firm, respectively, in the event negotiations fail
with the top-ranked firm.
1� The herein authorization is further subject to compliance with
all requirements that may be imposed by the City Attorney,
including but not limited to those prescribed by applicable
provisions of the City Charter and Code.
Page 4 of 5
03- X50
Section 5. The City Manager is directed to present the
negotiated Agreement to the City Commission for consideration.
Section 6. This Resolution shall become effective
immediately upon its adoption and signature of the Mayoral
PASSED AND ADOPTED this 27th
day of March , 2003.
UEL A. DIAZ, MAY R
a
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
APPROVED ,AS} T�. "FORM D CORRECTNESS :t/
AT,EJ DRO VILARELLO
CIZY ATTORNEY
W6989:tr:AS:BSS
If the Mayor does not sign this Resolution, it shall become
effective at the end of ten calendar days from the date it was
passed and adopted. If the Mayor vetoes this Resolution, it
shall become effective immediately upon override of the veto by
the City Commission.
Page 5 of 5
03- 250
statutes ->View Statutes: flsenate.gov Page 1 of 4
489.145 Guaranteed energy performance savings contracting. --
(1) SHORT TITLE. --This section may be cited as the "Guaranteed Energy Performance Savings
Contracting Act."
(2) LEGISLATIVE FINDINGS. --The Legislature finds that investment in energy conservation
measures in agency facilities can reduce the amount of energy consumed and produce immediate
and long-term savings. It is the policy of this state to encourage agencies to invest in energy
conservation measures that reduce energy consumption, produce a cost savings for the agency,
and improve the quality of indoor air in public facilities and to operate, maintain, and, when
economically feasible, build or renovate existing agency facilities in such a manner as to minimize
energy consumption and maximize energy savings. It is further the policy of this state to
encourage agencies to reinvest any energy savings resulting from energy conservation measures
in additional energy conservation efforts.
(3) DEFINITIONS. --As used in this section, the term:
(a) "Agency" means the state, a municipality, or a political subdivision.
(b) "Energy conservation measure" means a training program, facility alteration, or equipment
purchase to be used in new construction, including an addition to an existing facility, which
reduces energy or operating costs and includes, but is not limited to:
1. Insulation of the facility structure and systems within the facility.
2. Storm windows and doors, caulking or weatherstripping, multiglazed windows and doors, heat -
absorbing, or heat -reflective, glazed and coated window and door systems, additional glazing,
reductions in glass area, and other window and door system modifications that reduce energy
consumption.
3. Automatic energy control systems.
4. Heating, ventilating, or air-conditioning system modifications or replacements.
5. Replacement or modifications of lighting fixtures to increase the energy efficiency of the
lighting system, which, at a minimum, must conform to the applicable state or local building code.
6. Energy recovery systems.
7. Cogeneration systems that produce steam or forms of energy such as heat, as well as
electricity, for use primarily within a facility or complex of facilities.
8. Energy conservation measures that provide long-term operating cost reductions or significantly
reduce Btu consumed.
9. Renewable energy systems, such as solar, biomass, or wind systems.
10. Devices that reduce water consumption or sewer charges.
11. Storage systems, such as fuel cells and thermal storage.
12. Generating technologies, such as microturbines.
13. Any other repair, replacement, or upgrade of existing equipment.
(c) "Energy cost savings" means a measured reduction in the cost of fuel, energy consumption,
03- 250
httn-//unnnxr flcPn%ta nnv/Qtoh.toc/inrlPv f-Fm9Ann mnelp=Tlicnl�ir Qtot..tARrTTRT =rhnAQ0/.-1 1/1Q/7nAl
statutes ->View Statutes: flsenate.gov
Page 2 of 4
and stipulated operation and maintenance created from the implementation of one or more energy
conservation measures when compared with an established baseline for the previous cost of fuel,
energy consumption, and stipulated operation and maintenance.
(d) "Guaranteed energy performance savings contract" means a contract for the evaluation,
recommendation, and implementation of energy conservation measures, which, at a minimum,
shall include:
1. The design and installation of equipment to implement one or more of such measures and, if
applicable, operation and maintenance of such measures.
2. The amount of any actual annual savings that meet or exceed total annual contract payments
made by the agency for the contract.
3. The finance charges incurred by the agency over the life of the contract.
(e) "Guaranteed energy performance savings contractor" means a person or business that is
licensed under chapter 471, chapter 481, or this chapter, and is experienced in the analysis,
design, implementation, or installation of energy conservation measures through energy
performance contracts.
(4) PROCEDURES. --
(a) An agency may enter into a guaranteed energy performance savings contract with a
guaranteed energy performance savings contractor to significantly reduce energy or operating
costs of an agency facility through one or more energy conservation measures.
(b) Before design and installation of energy conservation measures, the agency must obtain from
a guaranteed energy performance savings contractor a report that summarizes the costs
associated with the energy conservation measures and provides an estimate of the amount of the
energy cost savings. The agency and the guaranteed energy performance savings contractor may
enter into a separate agreement to pay for costs associated with the preparation and delivery of
the report; however, payment to the contractor shall be contingent upon the report's projection of
energy cost savings being equal to or greater than the total projected costs of the design and
installation of the report's energy conservation measures.
(c) The agency may enter into a Guaranteed energy performance savings contract with a
guaranteed energy performance savings contractor if the agency finds that the amount the agency
would spend on the energy conservation measures will not likely exceed the amount of the energy
cost savings for up to 20 years from the date of installation, based on -the life cycle cost
calculations provided in s. 255.255, if the recommendations in the report were followed and if the
qualified provider or providers give a written guarantee that the energy cost savings will meet or
exceed the costs of the system. The contract may provide for installment payments for a period
not to exceed 20 years.
(d) A guaranteed energy performance savings contractor must be selected in compliance with s.
287.055; except that if fewer than three firms are qualified to perform the required services, the
requirement for agency selection of three firms, as provided in s. 287.055(4)(b), and the bid
requirements of s. 287.057 do not apply.
(e) Before entering into a guaranteed energy performance savings contract, an agency must
provide published notice of the meeting in which it proposes to award the contract, the names of
the parties to the proposed contract, and the contract's purpose.
(f) A guaranteed energy performance savings contract may provide for financing, including tax
exempt financing, by a third party. The contract for third party financing may be separate from
the energy performance contract. A separate contract for third party financing must include a
provision that the third party financier must not be granted rights or privileges that exceed the
03- 250
t,►+..•ii....... fleo. +_ rfm7Ann mndie T)iQnlnv CtnhitP&I1RL=Ch04R9/cl__ 2/18/2003
statutes ->View Statutes: flsenate.gov Page 3 of 4
rights and privileges available to the guaranteed energy performance savings contractor.
(g) In determining the amount the agency will finance to acquire the energy conservation
measures, the agency may reduce such amount by the application of any grant moneys, rebates,
or capital funding available to the agency for the purpose of buying down the cost of the
guaranteed energy performance savings contract. However, in calculating the life cycle cost as
required in paragraph (c), the agency shall not apply any grants, rebates, or capital funding.
(5) CONTRACT PROVISIONS. --
(a) A guaranteed energy performance savings contract must include a written guarantee that
may include, but is not limited to the form of, a letter of credit, insurance policy, or corporate
guarantee by the guaranteed energy performance savings contractor that annual energy cost
savings will meet or exceed the amortized cost of energy conservation measures.
(b) The guaranteed energy performance savings. contract must provide that all payments, except
obligations on termination of the contract before its expiration, may be made over time, but not to
exceed 20 years from the date of complete installation and acceptance by the agency, and that
the annual savings are guaranteed to the extent necessary to make annual payments to satisfy
the guaranteed energy performance savings contract.
(c) The guaranteed energy performance savings contract must require that the guaranteed
energy performance savings contractor to whom the contract is awarded provide a 100 -percent
public construction bond to the agency for its faithful performance, as required by s. 255.05.
(d) The guaranteed energy performance savings contract may contain a provision allocating to
the parties to the contract any annual energy cost savings that exceed the amount of the energy
cost savings guaranteed in the contract.
(e) The guaranteed energy performance savings contract shall require the guaranteed energy
performance savings contractor to provide to the agency an annual reconciliation of the
guaranteed energy cost savings. If the reconciliation reveals a shortfall in annual energy cost
savings, the guaranteed energy performance savings contractor is liable for such shortfall. If the
reconciliation reveals an excess in annual energy .cost savings, the excess savings may be
allocated under paragraph (d) but may not be used to cover potential energy cost savings
shortages in subsequent contract years.
(f) The guaranteed energy performance savings contract must provide for payments of not less
than one -twentieth of the price to be paid within 2 years from the date of the complete installation
and acceptance by the agency, and the remaining costs to be paid at least quarterly, not to
exceed a 20 -year term, based on life cycle cost calculations.
(g) The guaranteed energy performance savings contract may extend beyond the fiscal year in
which it becomes effective; however, the term of any contract expires at the end of each fiscal
year and may be automatically renewed annually for up to 20 years, subject to the agency making
sufficient annual appropriations based upon continued realized energy savings.
(h) The guaranteed energy performance savings contract must stipulate that it does not
constitute a debt, liability, or obligation of the state.
(6) PROGRAM ADMINISTRATION AND CONTRACT REVIEW. --The Department of Management
Services, with the assistance of the Office of the Comptroller, may, within available resources,
provide technical assistance to state agencies contracting for energy conservation measures and
engage in other activities considered appropriate by the department for promoting and facilitating
guaranteed energy performance contracting by state agencies. The Office of the Comptroller, with
the assistance of the Department of Management Services, may, within available resources,
develop model contractual and related documents for use by state agencies. Prior to entering into
a guaranteed energy performance savings contract, any contract or lease for third -party financing,
or any combination of such contracts, a state agency shall submit such proposed contract or lease
03- 250
httn://www.flsenate onv/4tatntec/index cfm?Ann mnde=T)icnlav Rtatiae..RTIRT.=(.h04R4/c-1 7/1R/?n(Y1
statutes ->View Statutes: flsenate.gov
to the Office of the Comptroller for review and approval.
f
Page 4 of 4
03+ 2so
httn://www.flsenate_anv/gtatutes/index.cfm?Aon mode=Disolav Statute&URL=Ch0489/cl... 2/18/2003
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
CA -4
TO: The Honorable Mayor and Members DATE: MAR 17 MFILE:
of the City ission
SUBJECT: RFQ No. 01-02-224
Energy Performance
Savings Contracting
FROM: REFERENCES: Services
(Joe
Arriola
City Manager ENCLOSURES:
RECOMMENDATION:
It is respectfully recommended that the City Commission adopt the attached Resolutjon,
approving the findings of the Evaluation Committee pursuant to RFQ No. 01-02-224,
Energy Performance Savings Contracting Services; authorizing the City Manager to
negotiate and execute a professional services agreement with Florida Power and Light, the
top ranked firm, for a period of ten (10) years, with the option to extend for one (1)
additional five-year period.
BACKGROUND:
The Office of the City Manager is seeking a qualified and experienced performance
contractor to develop and implement a comprehensive energy performance program for the
City, in order to realize maximum energy and operational savings, pursuant to Section
489.145 of the Florida Statutes, also known as the "Guaranteed Energy Performance
Savings Contracting Act' (see attachment).
The State of Florida found that investment in energy conservation measures in agency
facilities can reduce the amount of energy consumed and produce immediate and long-term
savings. It is the policy of the State of Florida to encourage agencies to invest in energy
conservation measures that reduce energy consumption, produce a cost savings for the
agency (municipality), and improve the quality of indoor air in public facilities and to
operate, maintain, and when economically feasible, build or renovate existing agency
facilities in such a manner as to minimize energy consumption and maximize energy
savings. It is further the policy of the State to encourage agencies to reinvest any energy
savings resulting from energy conservation measures in additional energy conservation
efforts.
Reso — RFQ Energy Performance Savings Contracting Services
03_ 250
As such, the objective of this project is to audit and upgrade the City's facilities and
infrastructure, utilizing a comprehensive performance contracting approach, including but
not limited to, energy audits; design and installation of energy efficient equipment and
measures; maintenance services; energy cost monitoring, project financing, and a guarantee
that the total program costs will be 100% covered by program energy and operational
savings. Timely implementation of this project is a priority of the City. The Department of
Capital Improvement Projects shall be responsible for the contract once executed.
The Evaluation Committee ("Committee") evaluated the seven (7) proposals received and
recommended Florida Power and Light as the top ranked firm to provide said services.
Should negotiations fail with the top ranked firm, the Committee recommended the City
negotiate with the second -ranked firm, Johnson Controls, Inc. followed by TECO BGA,
Inc.
Reso — IZFQ Energy Performance Savings Contracting Services
CITY OF MIAMI, FLORIDA
EVALUATION OF RFQ NO. 01-02-224
Energy Performance Contracting Services
Raters
# 1: Julio Calle, DERM
# 2: Luisa Donovan, Miami -Dade County
# 3: William Castrillon, City of Miami
# 4: Gerardo Gomez -Pita, City of Miami
# 5: Reinaldo Abraharite, Miami -Dade Co. GSA
Approved by: Approved by:
Date: AZ4 3 Date:
Director / Designee
03� t5o
Rater i
Rater 2
Rater 3
Rater 4
Rater 5
Total
Average
Ranldn :
* Firm not short-listed
* Firm not short-listed
Sempra Energy Solutions
73.00
88.00
84.00
80.00
75.00
400.00
80.00
4
TECO BGA, Inc.
75.00
83.00
80.00
83.00
80.00
401.00
80.20
3
Florida Power and Light
83.00
90.00
87.00
81.50
83.00
424.50
84.90
1
Johnson Controls, Inc.
84.00
78.00
78.00
86.00
77.00
403.00
80.60
2
Siemens Building Technologies, Inc.
70.00
87.00
79.00
81.50
78.00
394.50
79.10
5
Trane
Vestar, Inc.
Raters
# 1: Julio Calle, DERM
# 2: Luisa Donovan, Miami -Dade County
# 3: William Castrillon, City of Miami
# 4: Gerardo Gomez -Pita, City of Miami
# 5: Reinaldo Abraharite, Miami -Dade Co. GSA
Approved by: Approved by:
Date: AZ4 3 Date:
Director / Designee
03� t5o
''Y OF MIAMI OF THE CITY CLF
BID SECURITY LIST
BID ITEM: ENERGY PERFORMANCE SAVINGS CONTRACTING SERVICES
BID NO.: RFQ-01-02-224
DATE BID OPENED: September 4, 2002 TIME: 11:00 AM
BIDDER TOTAL BID BID BONDER)
AMOUNT CASHIER'S CHECK
SEMPRA ENERGY SOLUTIONS See Attached
Proposal
44 44 44
VESTAR, INC.
SIEMENS BUILDING TECHNOLOGIES, INC. 44 44 44
!.4 4G L4
TECO SOLUTIONS
44 44 f4
FLORIDA POWER AND LIGHT
44 f4 44
JOHNSON CONTROLS, INC.
-------------
44 44 44
TRANE
"Offers from. .ia 'r ti 1 /.:ice
•n c.w fyi�^ f3
t I for
;. . _. • .. op
n -ng dale and
Fire. �a!i
o►her offers Eubm=_? su 1-a .3
th z solicitor=.
L15_) bo., Yis on behalf of
erson Receiving Bid(s)
PURCHASING DEPARTMENT on47 L _
(City Department) ( oda 's Date)
PREPARED BY:
u City lerk
PROPOSALS RELEASED TO DEPARTMENT BY: u Ci Clerk
03. 250
ACCEPTANCE OF CITY MANAGER AND
EVALUATION COMMITTEE'S RECOMMENDATION
RFQ NO. 01-02-224
ITEM: Energy Performance Saving Contracting Services
DEPARTMENT: City Manager
TYPE:
Contract
REASON: It is recommended that the top ranked firm Florida
Power and Light, the top ranked firm, provide
energy performance saving contracting services,
authorizing the City Manager to negotiate and
execute a Professional Services Agreement, for the
Office of the City Manager; further recommending
that should negotiations fail with the top ranked
firm, proceed to negotiate with the second and third
ranked firm, as necessary in rank order, until a
contract is acceptable to the City; for a period of
ten (10) years, with the option to extend for five
(5) additional one (1) year periods.
� 4t Director of Purchasing
�O3
Date
AwardRFQ01-02-222 EmergencyPlan
03- 250