Energy Performance Contracting Services.pdf by sushaifj

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									  REQUEST FOR PROPOSALS
  REQUEST FOR PROPOSALS
            RFP # 09/10-118
            RFP

Energy Performance
Contracting Services
                                                           PROCUREMENT DIVISION
                                                                       401 Clematis St.
                                                             West Palm Beach, FL 33401
                                                                          (561)822-2100
                                                                    Fax: (561) 822-1564




   “The Capital City of the Palm Beaches”
                                                        REQUEST FOR PROPOSALS
                                                                  RFP # 9/10-118

     ENERGY PERFORMANCE CONTRACTING SERVICES
The City of West Palm Beach, Florida is soliciting Proposals from qualified and
experienced consultants to provide investment grade energy performance audits of
city facilities and implement energy performance contracts. This is a two step process
which includes pre-qualification and an audit.

Time is of the essence and any proposal received after 3:00 p.m., Wednesday, April
14, 2010, whether by mail or otherwise, will be returned unopened. The time of receipt
shall be determined by the time clock located in the office of the Procurement Official.
Proposals shall be placed in a sealed envelope, marked in the lower left-hand corner
with the RFP number, title, and date and hour proposals are scheduled to be received.
Proposers are responsible for insuring that their proposal is stamped by Purchasing
office personnel by the deadline indicated.

Interested parties may obtain a copy of this Proposal by contacting the Purchasing
Division at (561) 822-2100.

All proposals must be delivered or mailed to:
                   City of West Palm Beach Procurement Division
                    Donna Levengood, Asst. Purchasing Manager
                              401 Clematis St. 5th Floor
                             West Palm Beach, FL 33401

ENVELOPE MUST BE IDENTIFIED AS RFP # 09/10-118. Small business
participation is strongly encouraged.



BY:_________________________                    PUBLISH:      March 21, 2010
   Nora W. Laudermilk, FCCN                                   Palm Beach Post
   Procurement Official



RFP No. 09/10-118                                                                     1
      ENERGY PERFORMANCE CONTRACTING SERVICES
                                     RFP # 09/10-118

                                    Section 1
                           INTRODUCTION AND OVERVIEW

1..
1       PROGRAM

The City of West Palm Beach (“City”) is soliciting qualifications and proposals from one or
more qualified and experienced Energy Service Companies (“ESCOs” or “Proposers”) capable
of performing Investment Grade Energy Performance Audits and comprehensive energy
management and energy-related capital improvement services for various City buildings,
structures, lighting and facilities for the City’s Energy Performance Program, and on an as-
needed basis, financed through guaranteed costs savings financed achieved from the
improvements.

The selected ESCO(s) will enter into a contract(s) to provide investment-grade energy
performance audit(s) for one or more of the facility/site listed below and provide
comprehensive energy efficiency and guaranteed savings report(s). A detailed list of all
facilities with their addresses can be found in Attachment A; City street lights are to be
included within this project. Upon review and acceptance by the City, the City may negotiate a
Guaranteed Energy Performance contract with the ESCO for the proposed energy-saving
improvements, and which may provide financing of the energy-saving capital improvements.
The ESCO must provide a guarantee that annual energy cost savings will meet or exceed the
amortized costs of the energy-saving capital improvements. Improvements must result in a
guaranteed minimum energy savings with payment to the ESCO for services linked to the
verified achievement of project savings.

      City of West Palm Beach Fire Stations, # 1, 2, 6
      City of West Palm Beach Police Station
      Police Station Parking Garage
      City Center Parking Garage
      Clematis Street Parking Garage
      Evernia Street Parking Garage
      City Street Lighting System
      Community Centers: South Olive, Gaines Park, Vedado Park, Pleasant City, Coleman
      Park, Howard Park
      Park’s Maintenance Office
      Youth Empowerment Center
      Vickers House North
      Grassy Waters Preserve: Charles W. Bingham Wilderness Pavilion, Everglades Pavilion
      Maintenance Complex

The ESCO will be expected to structure one or more projects that will save the most energy
and/or water consumption, upgrade energy-related capital equipment, improve building
operation and maintenance, save costs, improve demand management, and aid in meeting
the City’s environmental management responsibilities and the City’s goals of reducing the
City’s carbon footprint by 70% by 2050. Additionally, the ESCO will be required to provide all
mandatory reporting for the Department of Energy, Energy Efficiency and Conservation Block
Grant (EECBG).


RFP No. 09/10-118                                                                            2
The City does not guarantee a minimum number, size or scope of projects for any selected
ESCO. The City reserves the right to not enter into any proposed Guaranteed Energy
Performance contract or to reduce the scope of improvements under any such contract.

This Request for Proposals will commence a two step solicitation process to retain an ESCO
for its Energy Performance Program. The City’s intent is to first qualify firms through submittal
and review of Qualification Statements. Proposers qualified by the City will be invited to
submit proposals for step two. The City may then select a qualified firm for the Energy
Performance Program.

Only those firms that are qualified by the City will have the opportunity to participate in step
two.

2..
2      PRE--QUALIIFIICATIION – STEP ONE
       PRE QUAL F CAT ON – STEP ONE

Proposer firms must be pre-qualified with the City to be considered for award under this RFP.
Qualification proposal shall submit all required documentation as outlined in Section 3 of the
RFP.

Each Proposer must satisfy the following Minimum Requirements and submit a Qualifications
Statement to be considered for pre-qualification under this RFP. Proposers that are pre-
qualified, and are so notified by the City, will have their Proposals evaluated in step two for
selection to provide services under the City’s Energy Performance Program.

Item     Criteria                    Qualifications
1.       Experience                  A. Proposer must have successfully implemented at least
                                     three (3) guaranteed energy savings contracts.

                                     B.    Proposer must have documented energy savings
                                     performance from previous projects.

2.       Financial Capacity          Financially sound and stable.


3.       Introduction Letter         Qualifications Statement Introduction Letter should be signed
                                     by an officer of the Proposer firm.

4.       Receipt                     Qualifications Statement received in the Procurement Division
                                     on or before 3:00 p.m., Wednesday, April 14, 2010.

Proposers meeting these Qualifications may submit a Qualifications Statement (as described
in Section 3) prior to the Qualifications deadline. (The Qualifications Deadline is different than
the Proposal submittal deadline). Upon review by the City, the City will notify those Proposers
who are qualified. The City will open and consider Proposals submitted under this RFP only
from Proposers who have been pre-qualified.

For any questions regarding pre-qualification, please contact Donna Levengood, Procurement
Official, at 561-822-2100.



3..
3      LOBBYIING PROHIIBIITED
       LOBBY NG PROH B TED
RFP No. 09/10-118                                                                               3
As to any matter relating to this RFP, any proposer, team member, or anyone representing a
proposer are advised that they are prohibited from contacting or lobbying the Mayor, any City
Commissioner, City staff, evaluation committee, City representative or consultant, or any other
person working on behalf of the City (except the Procurement Official) on any matter related to
or involved with this RFP. For purposes of clarification, a team’s representatives shall include,
but not be limited to, the proposer’s employees, partners, attorneys, officers, directors,
consultants, lobbyists, or any actual or potential subcontractor or consultant of the proposer
and the proposer’s team. All oral or written inquiries are to be directed to the Procurement
Official. Any violation of this condition may result in rejection and/or disqualification of the
respondent and team.

The “No-Lobbying” condition is in effect from the date of publication of this RFP and
shall remain in effect until the City executes a contract, or otherwise takes action which
ends the solicitation process for the project or study.


4.        TIMELINE AND PROCESS FOR RFP

The procurement process will include the following steps and schedule:

     1.   Registration Form due                     Friday. April 19, 2010
     2.   Qualifications proposals due              Wednesday, April 14, 2010
     3.   City qualification of Proposers           Wednesday, April 28, 2010
     4.   Inspection of 2 City facilities for audit Friday, May 7, 2010
     5.   Energy audit of two sites due             Wednesday, June 9, 2010
     6.   Evaluation / Ranking Committee Recommendation
                                                    Wednesday, June 23, 2010

   These dates outlined above are the best approximation of current dates and are
subject to change.


5.        TWO STEP PROCESS

The City is implementing a two-phase process to select the most qualified and
experienced ESCOs to provide investment grade energy performance audits of City
facilities and implement energy performance contracts.

This is a two step process with the first step being pre-qualification. The criterion to be
pre-qualified is in Section 3. The Pre-Qualification submittal must contain all
information requested in Section 3 in order to be considered. The City will determine
which firms have met the qualifications and those qualified firms will be invited to
participate in Step Two. . It is the intent to pre-qualify several qualified ESCOs to
result in a competitive process.

Step Two in described in Section 4. The second step is the audit of two sites in West
Palm Beach. The two sites are Fire Station #1 and Coleman Park Neighborhood
Lighting System. Only those firms determined to be qualified will be invited to

RFP No. 09/10-118                                                                              4
participate in step two. The City will not reimburse any costs associated with these
Proposal audits. All decisions of the City are final.

The City will arrange a site inspection tour of the 2 facilities prior to the submission of
Proposals. Facility representatives will be available to answer questions about
operations of the facilities. All qualified ESCOs are encouraged to visit the facilities to
enhance their understanding of the existing conditions and opportunities.

6.     ENERGY AUDITS

Pre-Qualified and approved ESCO’s will enter into a contract for the performance of
investment-grade technical energy audits of one or more City buildings or facilities and provide
a proposed savings report which meets the requirements of Sec. 489.145, F.S.

Energy conservation measures may reduce energy consumption associated with heating,
ventilation and air condition systems, lighting systems, building envelope, water usage and
other energy using devices, as well as cost saving related to energy use such as sewage,
solid waste collection, fuel switching or demand reductions.

The scope of the energy audit shall include, but not be limited to:

       Performance of technical analysis of the facility and energy audit to evaluate costs and
       savings of a variety of energy and water-saving measures.
       Preparation of an Energy Audit Savings Report including:

               -Detailed descriptions of significant long-term energy savings and operational
               changes recommended to be installed or implemented prioritized as to greatest
               potential savings.

               -Projections of energy and cost savings to be obtained as a result of the
               installation of the recommended energy conservation measures, which saving
               must be measurable and verifiable. The savings calculations must utilize
               assumptions, projections, and baselines which best represent the true value of
               future energy or operational savings for the facility, including accurate marginal
               cost for each unit of saving at the time the audit is performed; documented
               material and costs actually avoided; adjustments to the baseline to reflect
               current conditions at the facility compared to the historic base period; and
               calculations which account for the interactive effects of the energy conservation
               measures. A description of how utility tariffs were used to calculate savings for
               all energy conservation measures is to be included.

               -Proposed plan for installing or implementing the recommended energy
               conservation measures, including all anticipate costs associated with the
               installation and implementation.

               -Timetable for completing engineering and construction work for the
               recommended energy conservation measures.

               -Specific financing arrangements and terms for the energy conservation
               measures project. There should be no upfront capital costs to the City and all
               audit costs should be included in the financing proposals. Additionally, the

RFP No. 09/10-118                                                                              5
               ESCO shall identify grant funding opportunities to assist in implementation of
               recommended strategies. (City may provide up to $600,000 from the Energy
               Efficiency and Conservation Block Grant (EECBG) to buy down term and/or
               lower financing costs. Alternatively, the City may seek its own financing.)

               -Compliance with all reporting requirements of the EECBG grant.

Proposed energy conservation measures must obtain annual savings which will be greater
than the total annual project costs and ESCO must be willing to guarantee such savings.

Proposed energy conservation measures must obtain consistent levels of occupant comfort
and system functionality, including climate and lighting systems.

Proposed energy conservation measures must place importance on savings based on energy
usage reductions, ability to incorporate renewable energy technologies into the package,
create jobs, reduce carbon and other Green House Gas (GHG) emissions, along with the
capture of environmental benefits, such as hazardous material disposal.

The ESCO shall make a presentation to the City Commission providing key findings of the
energy audit and recommendations.

The primary purpose of such technical investment grade energy audits shall be to provide an
engineering and economic basis for negotiation of a Guaranteed Energy Performance
Contract between the ESCO and the City for the energy conservation measures discussed in
the audit. The City will independently evaluate the audit once it is complete. However, the
City shall be under no obligation to negotiate such a contract, and if negotiated, may contract
for all or only some of the recommended energy conservation measures. No implementation
of any recommended energy conservation measures shall commence prior to full execution of
a contract between the City and the ESCO.

The City does not guarantee a minimum number, size or scope of projects for any selected
ESCO. The City reserves the right to not enter into any proposed Guaranteed Energy
Performance contract or to reduce the scope of facilities under any such contract.

7.     GUARANTEED ENERGY PERFORMANCE CONTRACT

The City may, in its sole discretion, based on the energy audit repot, negotiate and enter into a
Guaranteed Energy Performance contract with the ESCO to design, acquire, fabricate and
install the agreed energy conservation measures and provide training, commissioning,
maintenance and monitoring, and all other specified services at the audited facility. Services
shall include the training of the City’s facility staff with respect to routine maintenance and
operation of all improvements. Such contracts shall include an energy savings guaranty and
comply with the requirements of Sec. 489.145, F.S.

Energy savings guaranty: The ESCO shall guaranty that the City’s annual debt service
obligation, resulting from the financing the costs of the energy conservation measures, will be
covered by the savings achieved, regardless of the financing method chosen. The guaranteed
energy savings must meet or exceed the amortized cost of the energy conservation measures,
including maintenance and monitoring fees during the contract term. If the project does not
generate the guaranteed level of savings in any given year, the Energy Services Company will
be responsible for reimbursing the City the amount of any shortfall. The energy savings shall
be reported, verified and reconciled annually, and the ESCO shall make any payments due
RFP No. 09/10-118                                                                              6
under the guaranty on such annual basis. No credit for the achievement of saving above and
beyond the annual guarantee will be credited toward the guaranty of future years’ savings.
Excess savings will not be used to reimburse the Energy Services Company for any payments
made due to shortfalls in other years.

The ESCO shall define measures and metrics necessary to understand the success of the
energy savings and shall measure the City’s Return on Investment (ROI) in a manner that
enables the City to track and report progress. This includes cost benefit analysis and energy
and carbon reduction.

The ESCO shall provide all mandatory reporting for the Department of Energy, Energy
Efficiency and Conservation Block Grant (EECBG).

The ESCO shall be required to post a 100% public construction bond, or payment and
performance bond(s), in a form satisfactory to the City, containing all obligations required by
Florida law and executed by a surety company satisfactory to the City and licensed to do
business in Florida.

A registered professional engineer shall review and approve all design work done under the
Guaranteed Energy Performance Contract.

No equipment or energy conservation measure will be installed or implemented that will
require the hiring of additional personnel by the City.

The ESCO shall warrant that none of the energy conservation measures it implements will
cause the deterioration of indoor air quality in any City facility.

The ESCO shall be required to carry an appropriate level of insurance for both the
construction and operation phases of the Contract. The City shall be named as an “Additional
Insured” and certificates of all required insurance shall be provided to the City prior to the
commencement of any work.

All drawings, reports and materials prepared in performance of the contract shall become the
property of the City.

The ESCO shall be required to obtain all necessary licenses and permits and shall comply
with all applicable Federal, State and local laws. All work performed under the Guaranteed
Energy Performance Contract must be in compliance will all building codes and appropriate
licensing standards.

The ESCO shall provide training to municipal employees that will be necessary to implement
operations and maintenance of equipment and facilities.

The term of the Guaranteed Energy Performance Contract will be 60 months with an option to
renew for an additional 60 months, unless otherwise negotiated with the City based on the
specific project requirements.

The federal grant requirements, including all reporting requirements, will apply to and be
included in the contract(s).




RFP No. 09/10-118                                                                            7
The City does not guarantee a minimum number, size or scope of projects for any selected
ESCO. The City reserves the right to not enter into any proposed Guaranteed Energy
Performance contract or to reduce the scope of improvements under any such contract.

8.     GRANT

The City is a recipient of a US Department of Energy - Energy Efficiency and Conservation
Block Grant (EECBG) and American Recovery and Reinvestment Act of 2009 (ARRA).

The City may use up to $600,000 in grant funds to buy down the term and/or lower the
financing costs to improve the City’s return on investment (ROI).

The federal requirements of ARRA and the EECBG grant, outlined in Section 6 of this RFP,
shall apply to the ESCOs and the ESCO is responsible for compliance with all reporting
requirements of the EECBG grant.

9.     SMALL BUSINESS PARTICIPATION

A goal for SB participation in the Guaranteed Energy Performance Contract resulting from this
RFP has been set in the minimum amount of 15% of the total contract value for each
Guaranteed Energy Performance Contract. Proposer will be required to make all small
business participation submittals as part of the negotiation of the Guaranteed Energy
Performance contract.

If the Small Business Participation goal cannot be met at the time of contract negotiation,
Proposer will be required to document its efforts to comply and submit a Good Faith Effort
Form SB04. Please contact Tiffany Neilly-McCray at 561-822-2100 for the form.

The Small Business Ordinance provides that compliance with the small business goals shall a
be material criterion for selection.

Proposers are encouraged to reference the Small Business Division’s website at
www.wpb.org/sbiz for a directory of all currently certified small businesses. If you are
unsuccessful in obtaining sufficient participation from the City’s directory, through reciprocity
with Palm Beach County, County-certified small businesses may be utilized in meeting the
goal. The Palm Beach County small business directory is found at www.pbcgov.com/osba.

Please note, regardless of whether a goal is established or not, the City encourages small
business participation in all of its procurements.


10.    INSURANCE

The selected Proposer shall be required to purchase and maintain from a company or
companies lawfully authorized to do business in Florida, the following insurance coverages in
the minimum amounts specified below and with a maximum deductible of $25,000 per
occurrence::
             General Liability             $1,000,000 per occurrence
                                           $2,000,000 aggregate annually

               Property Damage               $1,000,000 per occurrence

RFP No. 09/10-118                                                                              8
                                             $2,000,000 aggregate annually

               Automobile Liability          $300,000 combined single limit per occurrence

               Worker's Compensation: Worker's Compensation and Employer’s Liability
               Insurance with limits as required by Chapter 440, Florida Statutes.

               Professional Liability Insurance in the minimum amount of $1,000,000
               combined single limit; providing coverage over the life of the project / study plus
               two (2) years after completion.

Certificates of Insurance shall be delivered to City prior to execution of a contract. All
certificates for general liability coverages shall name the City as an Additional Insured. The
contract may contain additional insurance requirements.




RFP No. 09/10-118                                                                               9
     ENERGY PERFORMANCE CONTRACTING SERVICES
                                       RFP # 09/10-118

                                      Section 2
                                PROCUREMENT PROCESS

1.     Registration

Each Proposer is required to register with the Procurement Official in order to receive any
addenda to this RFP. Please complete the Registration form attached as Form P-1 and fax or
mail to the Procurement Official at the address noted below on or before 5:00 p.m., Friday,
April 9, 2010 it is the responsibility of each Proposer to ensure that it receives all addenda.
The City shall have no responsibility to provide any addenda issued under this RFP to any firm
or Proposer not registered for this RFP with the City.

                      Donna Levengood, Assistant Purchasing Manager
                                         City Hall
                        401 Clematis Street – 5th Floor / Procurement
                               West Palm Beach, FL 33401
                                  Office: 561-822-2100
                                    Fax: 561-822-1564
                                  dlevengood@wpb.org

2.     Questions / Addenda to the RFP

No interpretation or changes to the meaning of this Request for Proposals will be made to any
Proposer orally. Interpretations and clarifications will be made by written addendum.
Questions may be submitted in writing to Donna Levengood, Assistant Purchasing Manager,
at the address or fax number above.

Contact with the Procurement Division is to be for clarification purposes only.

All questions regarding this RFP should be submitted in writing and must be received not later
than Thursday, April 1, 2010 to the address in #1 above.


3.     Phase One - Submittal of Qualifications Statement

Qualification Statements are due on or before 3:00 p.m., Wednesday, April 14, 2012, at
the Procurement Division Office, City Hall, 401 Clematis Street – 5th Floor, West Palm
Beach, Florida 33401.

Qualification Statements shall comply with Section 3 of this RFP.

This RFP constitutes the complete set of requirements and forms. It is the responsibility of the
Proposer to insure that all pages are included. Therefore, all Proposers are advised to closely
examine this package.

In order to be eligible to submit a Proposal in response to the RFP, a Qualifications Statement
must be received and the Proposer must be pre-qualified by the City. Only those Proposers


RFP No. 09/10-118                                                                            10
that have been pre-qualified shall be eligible to have their Proposals submitted response to the
RFP considered by the City.

No proposals will be accepted after the RFP closing time and date, and no modifications to
those proposals already submitted will be permitted prior to award, except in those cases
where the City requests more information for clarification from all of the respondents.

4.     Qualification

The City will evaluate the Qualification Statements from proposers who meet the Minimum
Requirements. First respondents will be evaluated as to whether they meet the Minimum
Qualifications established in Section 1. Those that meet the Minimum Qualifications will be
evaluated as to the additional qualifications contained in their Qualifications Statement,
including capabilities, experience of the firm, personnel, past record, financial qualifications,
references and analysis of any other publically available information.

Each Qualifications Statement will be evaluated individually. Qualification Statements must be
fully responsive to the requirements described in this RFP and to any subsequent requests for
clarification or additional information made by the City through written addenda to this RFP.
Qualification Statements failing to comply with the submission requirements, or those
unresponsive to any part of this RFP may be disqualified.

The City intends to prequalify no less than three Proposers, and as many as can qualify, to
provide a competitive process. An evaluation committee will convene for a public meeting to
qualify Proposers. The Procurement Division will notify all submitting Proposers and advertise
the meeting in the appropriate media as directed by law. The Procurement Division will notify
all Proposers who are qualified by the City.

5.     Phase Two – Submittal of Proposals

Only Proposals from pre-qualified Proposers which are timely submitted by the Proposal
submission deadline will be considered by the City. Proposals shall comply with Section 4 of
this RFP.

6.     Evaluation

The City may assemble an evaluation committee to evaluate the Proposals from pre-qualified
Proposers. The Procurement Division will convene a public meeting at which the evaluation
committee will rank the Proposals meeting all the needs of the City and make a
recommendation for contract award. The Procurement Division will notify all submitting
Proposers and advertise the meeting in the appropriate media as directed by law. The
evaluation committee may address questions to and request clarification from the proposers in
attendance. Proposers in attendance will be given a brief opportunity to address the
evaluation committee prior to the ranking, but no formal presentations shall be made. The City
is not bound by the recommendation of the evaluation committee and the Procurement Official
may deviate from the recommendation in determining the best overall responsive proposals
which are most advantageous and in the best interest of the City.

Each Proposal will be evaluated individually and in the context of all other proposals.
Expertise in particular areas will be evaluated. Proposals must be fully responsive to the
requirements described in this RFP and to any subsequent requests for clarification or
additional information made by the City through written addenda to this RFP. Proposals failing

RFP No. 09/10-118                                                                             11
to comply with the submission requirements, or those unresponsive to any part of this RFP,
may be disqualified. There is no obligation on the part of the City to award the proposal to the
lowest priced proposer, and the City reserves the right to award a contract to one or more
Proposer(s) submitting the best overall responsive proposal(s) which is/are most
advantageous and in the best interest of the City in achieving energy performance contract(s),
and to waive any irregularity or technicality in the proposals received. The City shall be the
sole judge of the Proposals and the resulting agreement that is in its best interest and its
decision shall be final.

At its sole option, the City may select the top three to five Proposers and require brief
presentations from each Proposer before making the final selection. This requirement is at the
sole discretion of the City.

The City Commission may serve as the evaluation committee for this RFP. NO PROPOSER
MAY CONTACT ANY CITY COMMISSIONER REGARDING THIS RFP. Proposers should be
familiar with the City’s restrictions on lobbying or contact with City representatives or
employees, as outlined in this RFP and the Procurement Code.

While the City allows Proposers to propose variances to the RFP terms, conditions, and
specifications, the number and extent of variances taken will be considered in determining the
Proposer who is most advantageous to the City.

7.     Contract for Energy Audit

The Procurement Divison will notify the Proposer with whom the City will negotiate a contract
for the performance of investment-grade technical energy audits of one or more City buildings
or facilities and provide a proposed savings report which meets the requirements of Sec.
489.145, F.S.

The City does not guarantee a minimum number, size or scope of audits for any selected
ESCO.

If a contract acceptable to the City cannot be negotiated, the City reserves the right to
negotiate with the next ranked proposer for the energy audit.

Within 10 days of receipt of the City’s contract, a Proposer must execute the contract and
provide the City with its certificate(s) of insurance for the contract. Inability to meet this
requirement may result in delays that will deem the Proposer or proposal to not be in the best
interest of the City, and the City may proceed to negotiate with the next best Proposer.

The City reserves the right to award a contract with terms which is most advantageous and in
the best interest of the City.

8.     Guaranteed Energy Performance Contract.

Based on the energy audit reports, the City may, in its sole discretion, negotiate and enter into
Guaranteed Energy Performance Contract(s) with the ESCO(s) to design, acquire, fabricate
and install the agreed energy conservation measures and provide training, commissioning,
maintenance and monitoring, and all other specified services at the audited facility. Services
shall include the training of the City’s facility staff with respect to routine maintenance and
operation of all improvements. Such contracts shall include an energy savings guaranty and
comply with the requirements of Sec. 489.145, F.S. and this RFP. Additionally, if federal funds

RFP No. 09/10-118                                                                             12
are used, such contracts will be required to comply with the federal requirements outlined in
Section 6 and all federal reporting requirements.

The City does not guarantee a minimum number, size or scope of projects for any selected
ESCO. The City reserves the right to not enter into any proposed Guaranteed Energy
Performance contract or to reduce the scope under any such contract.

9.     Additional Procurement Information

The City may issue written addenda regarding this RFP to all registered Proposers to clarify,
comment, correct, supplement, amend or otherwise modify this RFP prior to the submittal
deadline for Proposals.

The City may require additional information from one or more Proposers to supplement or
clarify the Proposals submitted. The City may conduct investigations with respect to the
qualifications and experience of each Proposer and any team members.

The City reserves the right to reject any and all Proposals received either in whole or in part,
with or without cause, or to waive any qualification requirement, formalities or deficiencies in
any Proposal, if such action is deemed by the City to be in the best interest of City for the
project or study.

All Proposals shall become the property of the City and be a part of the public record and shall
not be returned. If any information contained in the submittal is considered confidential,
proprietary or a trade secret by the Proposer, such information must be identified accordingly
on each and every page of the submittal where it is present and justification for such
exemption provided to the City. The City will make every reasonable effort to protect such
information from disclosure in accordance with applicable law.

This RFP is for guiding your response; it is not to be construed as an offer by the City or its
advisors. The contents of this RFP are neither warranted nor guaranteed by the City or its
advisors and consultants. Proposers interested in pursuing this opportunity are urged to make
such evaluations as they deem advisable and to reach independent conclusions concerning
statements in this RFP and any supplemental materials based on their own investigation.

Nothing in this RFP is intended to restrict the City of West Palm Beach in any way in the
selection of the proposal(s) that best meets the needs of the City. The City reserves the right
to reject any or all offers and to negotiate changes in proposals or best and final offers.

All costs incurred by any party in responding to this RFP are the sole responsibility of the
Proposer.

10.    Protest Procedure.

Protest procedures are provided in Section 66-151 of the City Code of Ordinances. A protest
must be addressed to the Procurement Official, in writing, identifying the protester, the
solicitation and the basis for the protest and must be received by the Procurement Official
within seven (7) calendar days of the first date that the aggrieved person knew or should have
known of the facts giving rise to the protest. The protest is considered filed when it is received
by the Procurement Official. Failure to file protest in accordance with the Procurement
Ordinance shall constitute a waiver of said protest.


RFP No. 09/10-118                                                                              13
The City’s determination of the proposal that offers the best value or is in the best interest of
and/or is most advantageous to the City is a final determination that may not be appealed.

11.    Representations by Submittal of Proposals

By submitting a Proposal, an interested Proposer warrants, represents and declares that:

        1.      Person(s) designated as principal(s) of the Proposer are named and that no
other person(s) other than those therein mentioned has (have) any interest in the proposal or
in the anticipated contract.

       2.       The proposal is made without connection, coordination or cooperation with any
other persons, company, firm or party submitting another proposal, and that the proposal
submitted is, in all respects, fair and in good faith without collusion or fraud.

       3.      The Proposer understands and agrees to all elements of the proposal unless
otherwise indicated or negotiated, and that the proposal may become part of any contract
entered into between the City and the Proposer.

        4.     By signing and submitting a proposal, Proposer certifies that Proposer and any
parent corporations, affiliates, subsidiaries, members, shareholders, partners, officers,
directors or executives thereof are not presently debarred, proposed for debarment or
declared ineligible to bid or participate in any federal, state or local government agency
projects.

        5.     Pursuant to F.S. 287.133, a person or affiliate who has been placed on the
convicted vendor list maintained by the State of Florida may not submit a bid to the City of
West Palm Beach for 36 months following the date of being placed on the convicted vendor
list. Proposer certifies that submittal of its proposal does not violate this statute.

      6. Proposer recognizes and agrees that the City will not be responsible or liable in
any way for any losses that the Proposer may suffer from the disclosure or submittal of
proposal information to third parties.




RFP No. 09/10-118                                                                             14
     ENERGY PERFORMANCE CONTRACTING SERVICES
                                      RFP # 09/10- 118

                                   Section 3
                    SUBMITTAL OF QUALIFICATIONS STATEMENT
                                        STEP ONE
1.     General Instructions

Proposer shall submit one (1) original paper copy, five (5) paper copies (one of which to
be unbound), and one (1) electronic copy (on diskette or CD-ROM, in MS Word) of its
Qualifications Statement to:
                          Donna Levengood, Assistant Purchasing Manager
                                     City of West Palm Beach
                                              City Hall
                             401 Clematis Street – 5th floor / Procurement
                                    West Palm Beach, FL 33401

Time is of the essence and any Qualification Statements received after 3:00 p.m.,
Wednesday, April 14, 2010, whether by mail or otherwise, will not be accepted. The time
of receipt shall be determined by the time clock located in the office of the Procurement
Division. Proposers are responsible for ensuring that their Qualification Statement is clocked
as received by the deadline indicated. The City shall in no way be responsible for delays
caused by a delivery service or any other occurrence, and such proposals will not be
accepted. Statements received by telephone, telegram or facsimile will not be accepted.

Qualifications shall be presented in a clear and concise format, on 8 ½" x 11" paper, in
English. Each tabbed set shall contain all the information required by this RFP. Any other
information thought to be relevant, but not applicable to the enumerated sections, should be
provided as an appendix to the statement.

Qualification Statements shall be placed in a sealed envelope, marked in the lower left-
hand corner with the RFP number, RFP title, deadline date and hour for receipt of
Qualifications, and labeled as “Qualifications Statement”.

2.     Proposer’s Responsibilities

Each Proposer is required, before submitting its Qualification Statement, to carefully examine
the requirements and to completely familiarize themselves with all of the terms and conditions
that are contained within this RFP. Ignorance on the part of the Proposer will in no way relieve
the Proposer of any of the obligations and responsibilities which are a part of this RFP. This
RFP constitutes the complete set of requirements and forms. It is the responsibility of the
Proposer to insure that all pages are included. Therefore, all Proposers are advised to closely
examine this package and their submittals prior to submittal.

3.     Registration

Registration previously submitted on Form P-1, as provided in this RFP.



RFP No. 09/10-118                                                                            15
4.     Qualifications Statement

 The Qualifications Statement must be divided into separate sections by tabs as follows.
Where indicated, the City forms must be completed and submitted. Detailed information
regarding each proposal section is set forth below.

       1.        Introduction Letter and Form P-2
       2.        Firm Profile
       3.        Experience – Implemented Contracts- Form P-3
       4.        Documented Energy Savings - Form P-4
       5.        Financial Information

Detailed information regarding each section is set forth below.

       4.1         Introduction Letter

An introduction letter is required containing the corporate name (if applicable), name, principal
address, telephone number fax number and email address of Proposer and principal contact
person. Introduction letter should be signed by an officer of the Proposer firm.

This section should also include the Proposer Information form (Form P-2).

       4.2         Table of Contents

A table of contents itemizing the contents of the Qualifications Statement should be included.

       4.3         Firm Profile

             Firm’s name, address, phone, fax, e-mail, website and federal I.D. number
             Type of ownership/legal structure
             State in which firm is incorporated or organized and state in which principal
             address is located. If other than Florida, include evidence of authorization to do
             business in Florida
             Identify local office or confirm willingness to establish local office in West Palm
             Beach for duration of project.
             Brief history of firm
             Professional services provided
             Number of years firm has been in business
             Provide the total dollar value or energy performance contracts the Firm has entered
             into for each year, for the past five years.
             Indicate the number of all energy performance contracting projects implemented by
             and currently under contract with your Firm.

       4.4         Qualifications

                  Using Form P-3 list at least three (3) energy performance contracting projects
                   performed by your firm. You may include projects that are currently under
                   contract with your firm, provided such projects are in repayment with at least
                   one full year’s work of savings data. Identify projects that have been managed
                   directly by the specific branch, division, office or individual that will be assigned
                   to the City’s program. Identify any projects involving buildings or facilities
                   similar to the City’s buildings and facilities.
RFP No. 09/10-118                                                                                    16
                  For each project listed on Form P-3, please complete Form P-4 documenting
                   the energy savings.

                  Specifically identify those project similar in scope, i.e, public facilities,
                   government buildings, parking garages and streetlight systems.

       4.5         Financial Information

                 Include Proposer’s financial statement for each of the last three years.

                 Attach Proposer’s most recent year-ending Statement of Financial Condition,
                  including balance sheet and income statement, dated within twelve months of
                  the date of the Qualifications Statement.

                 Material Changes. Provide a statement regarding any material changes in the
                  mode of conducting business, bankruptcy proceedings, and mergers or
                  acquisitions for the past three (3) years, as well as any disclosure of any
                  potential mergers or acquisitions.

           Litigation. List any litigation cases in the past five (5) years involving the
            Proposer firm or its principals.




RFP No. 09/10-118                                                                             17
      ENERGY PERFORMANCE CONTRACTING SERVICES
                                       RFP # 09/10-
                                        Section 4
                                 SUBMITTAL OF PROPOSAL
                                           STEP TWO
The information in this step is for those firms that have been pre-qualified by the City.


SITE INSPECTION AND CONFERENCE

A site inspection and conference is scheduled to provide potential proposers the opportunity to
ask questions and receive clarification concerning the program and this process. Attendance
is strongly encouraged. Please bring your copy of the Request for Proposals to the pre-
proposal conference.

        Date: Friday, May 7, 2010             Time: 9:00 a.m.
        Place: City Hall, Flagler Gallery, 401 Clematis St. West Palm Beach, Fl 33401

In accordance with the Americans with Disabilities Act, any person who believes he or she has a
disability requiring the use of a special accommodation at either the scheduled site inspection, pre-bid
conference or bid opening should contact the Procurement Division at 561-822-2100, at least five (5)
days prior to the event to advise of his/her special requirements.

The City has arranged for a bus to transport proposers to the two facilities. Proposers are
asked to hold their questions until returning to City Hall.


1. General Instructions

Proposer shall submit one (1) original paper copy, five (5) paper copies (one of which to
be unbound), and one (1) electronic copy (on diskette or CD-ROM, in MS Word) of the
proposal to the Procurement Division, at the time and date specified in the legal notice to:

                            Donna Levengood, Assistant Purchasing Manager
                                      City of West Palm Beach
                                               City Hall
                              401 Clematis Street – 5th floor / Procurement
                                     West Palm Beach, FL 33401

Time is of the essence and any Proposals received after 3:00 p.m., Wednesday,
June 9, 2010, whether by mail or otherwise, will be returned unopened. In
accordance with Sec. 66-63 of the City Code of Ordinances, PROPOSALS NOT RECEIVED
BY THAT TIME WILL BE REFUSED. The time of receipt shall be determined by the time
clock located in the office of the Procurement Division. Proposers are responsible for ensuring
that their proposal is clocked as received by the deadline indicated. The City shall in no way
be responsible for delays caused by a delivery service or any other occurrence, and such
proposals will not be accepted. Offers received by telephone, telegram or facsimile will not be
accepted.


RFP No. 09/10-118                                                                                    18
No modifications to those proposals already submitted will be permitted prior to award, except
in those cases where the City requests more information for clarification and/or enhancement
purposes from all of the Proposers.

Only Proposals submitted by Proposers who have been pre-qualified by the City will be
considered. Only one proposal may be submitted by each Proposer.

Proposals shall be presented in a clear and concise format, on 8 ½" x 11" paper in English.
Each tabbed set shall contain all the information required by this RFP. Omission of required
data may be cause for disqualification. Any other information thought to be relevant, but not
applicable to the enumerated sections, should be provided as an appendix to the statement.

All Proposals must be typed or written in ink, and must be signed in ink by an officer or
employee having authority to bind the company. Signatures are required where indicated;
failure to do so shall be cause for rejection of proposal.

Proposals shall be placed in a sealed envelope, marked in the lower left-hand corner
with the RFP number, RFP title, deadline date and hour for receipt of Proposals and
marked as “Proposal”.

2.     Proposer’s Responsibilities

Each Proposer is required, before submitting its Proposal, to carefully examine the
requirements and to completely familiarize themselves with all of the terms and conditions that
are contained within this RFP. Ignorance on the part of the Proposer will in no way relieve the
Proposer of any of the obligations and responsibilities which are a part of this RFP. This RFP
constitutes the complete set of specification requirements and forms. It is the responsibility of
the Proposer to insure that all pages are included. Therefore, all Proposers are advised to
closely examine this package and their Proposal prior to submittal.

3.     Proposal

The Proposal must be divided into separate sections by tabs as follows. Where indicated, the
City forms must be completed and submitted.

     1. Proposal Cover Letter.
     2. Technical Capability
     3. General Approach
     4. Investment Grade Technical Energy Audit - Generally
     5. Energy Audits for two Facilities and Form P-5
     6. Fire Station No. 1
     7. Coleman Park Neighborhood Lighting System
     8. Energy Baseline Calculation Methodology and Verification
     9. Sample Measurement and Verification Plan
     10. ESCO Fee Calculation
     11. Savings Guarantee Calculations
     12. Customer Savings Report Sample
     13. Financing
     14. Training
     15. Project Commissioning and sample Commissioning Plan
     16. Equipment Maintenance Services and sample Maintenance Plan
     17. Recommended Program Areas

RFP No. 09/10-118                                                                             19
      16.    Other Considerations
      17.    Representations and Disclosures and Form P-6.

This checklist is not to be construed as identifying all required submittals for this RFP. Each
proposer is responsible for reading the entire document to ensure compliance.

Detailed information regarding each proposal section is set forth below.

1..
1      Proposall Cover Letttter
       Proposa Cover Le er

A proposal cover letter is required containing the corporate name (if applicable) of Proposer
and principal contact person. The cover letter must represent that the attached Proposal
represents the Proposer’s proposal submitted in response to the RFP.

This letter must be signed by an individual authorized to bind the firm. Failure to meet
this requirement will result in disqualification.

2..
2      Fiirm// Sttaffff IInfformattiion
       F rm S a           n orma on

        A.      Firm Profile
             Provide any relevant additional information regarding the Proposer firm not
             contained in the Qualification Statement.

        B.        Personnel
             Indicate the number of full-time personnel employed by Firm and their locations.
             Identify the percent available to work on City’s program.
             Team organizational chart – Identify personnel that may be assigned to the City’s
             program. Submit an organizational chart that identifies the roles and relationships
             of all key team members.
             For each key team member, list the number of years of relevant energy-related
             experience; the number of energy-audits this individual has been involved with and
             the number of energy performance contracts this individual has been involved with
             in the past five years.
             Describe the specific role and responsibilities each key team member had for each
             listed project.
             For each key team member, list all licenses, registrations and certifications.

3..
3      Techniicall Capaciitty
       Techn ca Capac y

       - Submit a copy of any licenses, professional certificates and memberships that
Proposer possesses as part of doing business as it relates to this RFP. State any industry
organizations, such as the National Association of Energy Service Companies (NAESCO), or
pre-qualification for work through the U.S. Department of Energy for federal facilities or the
U.S. Department of Defense.

        -    Indicate if pre-qualified by the State of Florida, or any other State government.

        - Relate technical qualifications that are relevant to this RFP, particularly with
investment grade energy audits and providing services addressing energy systems in
buildings, facilities, and infrastructure similar to the buildings and facilities listed in this RFP.



RFP No. 09/10-118                                                                                 20
        - Identify any special expertise and indicate those systems Proposer has the
technical capability to analyze and provide energy performance services, including, but not
limited to the following:

                       i. Mechanical Systems. Heating, ventilating and air conditioning (HVAC)
                          systems, energy management and control systems, domestic hot water
                          systems, distribution systems, etc.
                      ii. Plants. Distribution systems, cogeneration systems, etc.
                     iii. Lighting systems. Indoor and outdoor lighting systems, lighting controls,
                          daylighting strategies.
                    iv. 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.)
                      v. Specialty Systems: laundry equipment, kitchen equipment, pool
                          systems, renewable energy systems.
                    vi. LEED-EB: LEED-EB strategies to improve operations and maintenance
                          practices
                    vii. Water and Sewage Systems: automatic controls, low-flow faucet
                          aerators, low-flow toilets, cooling tower modifications, pool covers, and
                          irrigation system controls or modifications.

        - Describe qualifications and experience with systems using renewable and
alternative energy.

4..
4      Narrattiive off Generall Approach
       Narra ve o Genera Approach

Summarize the general project approach and scope of services that would be offered by the
Proposer for this program. The City recognizes that the specific approach will depend on the
facility. The Proposer shall evidence its understanding of the program and shall describe in
narrative format its proposed means and methods for completing the project. Proposals
should clearly identify opportunities for: energy conservation, operating cost savings,
infrastructure improvements and financing sources, including grant opportunities for
implementation of recommended strategies.

The Proposal should generally describe how a project will be commenced, initial procedures,
the collection of data, methodology, scheduling, time frames, coordination and administration
of the project. Describe Proposer’s approach to project management. Describe the
involvement of City staff.

5..
5      IInvesttmentt Grade Techniicall Energy Audiitt – Generalllly
         nves men Grade Techn ca Energy Aud – Genera y

Give a general description of Proposer’s technical auditing and analysis procedures and any
anticipated involvement of City staff in the provision of technical data and/or other support
required for the audit. Estimate the cost of the audit(s), based on the various possible
facilities, for purposes of project financing and energy savings guaranty.

In addition, to facilitate the selection process, the Proposer is required to include with its
Proposal, an energy audit for two (2) facilities: Fire Station #1 and Coleman Park
Neighborhood Lighting System.




RFP No. 09/10-118                                                                                21
6..
6       Energy Audiitts – Two Faciilliittiies
        Energy Aud s – Two Fac es

In order to simplify the review process and obtain the maximum degree of comparability, the
ESCO must conduct an energy audit of two (2) specific sites. Staff will be available to answer
questions about the operation of the facilities and a walk-through will be scheduled and
electric bills and water bills will be made available.

1.     Fire Station #1
       500 N. Dixie Hwy.

2.     Coleman Park Neighborhood Street Lights
       From Palm Beach Lakes Blvd. to 25th St. Between the FEC and CSX railroad tracks.

The audits must provide complete and detailed energy and provide documentation for
projected annual savings in all applicable energy demand and consumption units of
measurement. The audit should address the existing facility operating conditions, energy
demand and consumption, as well as the projected operating conditions and energy demand
and usage for the facility once recommendations have been implemented. Current and future
energy prices used for savings calculations should be stated. The ESCO should use standard
procedures for calculating energy cost savings whenever possible.

Additionally, provide a tabulated summary of each facility and site in the format shown in Form
P-5. The summary should include: name and description of each service, installed capital
cost, expected average annual maintenance equipment/parts expense for each service (do
not include labor expenses), expected service life of each implemented change, and projected
energy savings. Describe in detail the methodology the ESCO uses to compute baseline of
energy and water use as well as performance.

      - Submit the technical investment grade energy audit prepared for Fire Station No. 1.
      - Submit the technical investment grade energy audit prepared for the Coleman Park
Neighborhood Lighting System.

The City will not reimburse any costs associated with these Proposal audits.


7..
7      Energy Baselliine Callcullattiion Metthodollogy and Veriiffiicattiion
       Energy Base ne Ca cu a on Me hodo ogy and Ver ca on

Describe the methods used to compute baseline energy use. Describe any computerized
modeling programs used by Proposer to establish baseline consumption. Summarize
procedures, formulas and methodologies, including any special metering or equipment the
Proposer will use to measure and calculate energy savings under this program. Describe he
methods used to adjust the guaranteed level of savings from any material changes that occur
due to factors such as weather, occupancy, facility use changes, etc. Indicate how cost
savings opportunities are to be identified, documented and measured. Describe Proposer’s
approach to treatment of savings achieved during construction and how those savings will be
documented and verified.

Submit a sample Measurement and Verification Plan.




RFP No. 09/10-118                                                                           22
8..
8      ESCO Fee Callcullattiion
       ESCO Fee Ca cu a on

Describe the methods for calculating Proposer’s fees as a function of a project’s energy
savings performance. Describe the services the Proposer will seek to be paid for over the
term of a guaranteed energy performance contract. Describe the method by which the
Proposer will be paid for such services and the Proposer’s billing procedures. Describe the
Proposer’s overhead, profit and pricing policies for these types of projects.

9..
9      Saviings Guaranttee Callcullattiions
       Sav ngs Guaran ee Ca cu a ons

Provide a copy of Proposer’s savings guarantee language and describe your approach to the
annual reconciliation of savings. Describe Proposer’s procedures and schedule for measuring
the project’s financial performance and how the guarantee provisions work in the event that
project results vary from projections. Describe Proposer’s methodology for establishing the
guarantee of the project’s financial performance.

10..
10     Custtomer Saviings Reportt Samplle
       Cus omer Sav ngs Repor Samp e

Submit a sample Customer Savings Report.

11..
11     Fiinanciing
       F nanc ng

Briefly describe the types of financing arrangements used by Proposer for past guaranteed
energy performance contracts. Describe Proposer’s preferred approach to providing or
arranging financing, including a description of the source of funds and the potential dollar
amounts currently available to Proposer to finance these types of projects. Please indicate
what representative interest rates may be available, financing terms and other variable factors
associated with each method that you are aware of at the time of submittal.

12..
12     Traiiniing
       Tra n ng

Describe Proposer’s capabilities and proposed approach to provide technical training for City
staff. Describe Proposer’s involvement in developing training manuals for facility staff.
Describe Proposer’s approach to implementing and measuring the savings associated with
behavior modification strategies.

13..
13     Projjectt Commiissiioniing
       Pro ec Comm ss on ng

Describe Proposer’s approach to equipment commissioning.

Provide a sample Commissioning Plan from a guaranteed energy performance contract
implemented by Proposer.

14..
14     Equiipmentt Maiinttenance Serviices
       Equ pmen Ma n enance Serv ces

Address the role of City staff in performing maintenance on existing and new equipment.
Discuss the relationship of maintenance services to the savings guarantee. Discuss any
required length of any maintenance services agreement and what impact termination of
maintenance services, prior to the end of the contract term, would have on the savings
guarantee.



RFP No. 09/10-118                                                                             23
Submit a sample Maintenance Plan from a completed project. Use a project similar to one of
the City’s proposed facilities, if applicable.

15..
15     Recommended Program Areas
       Recommended Program Areas

Identify those City buildings and facilities which, in Proposer’s opinion, are capable of
achieving the greatest overall energy cost savings, considering projected energy savings and
the costs of potential improvements. The Proposer may make any other recommendations
regarding the City’s program it believes will benefit the City.

16..
16     Otther Consiiderattiions
       O her Cons dera ons

Indicate any problems or concerns regarding any term or condition of the City’s program and
the RFP. Describe any factors that Proposer views as a concern that may need to be
addressed prior to any contract.

Confirm Proposer’s ability to obtain and provide the minimum insurance coverage required in
this RFP.

Include any other information you wish the City to consider.

17..
17     Representtattiions and Diiscllosures
       Represen a ons and D sc osures

A.      By submitting its Proposal, Proposer acknowledges that its Proposal may become part
of any contract entered into between the City and Proposer.

B.     By submitting its Proposal, Proposer shall make the following representations and
disclosures, and shall submit Form P-6.

1.     Conflict of Interest. Proposer has disclosed any actual, apparent or potential conflicts
       of interest that are present or could develop with respect to the scope of services for
       the Project and any parties to this solicitation or any third parties. Proposer has
       identified the name of any officer, director, or agent who is also an employee or official
       of the City of West Palm Beach. Further, Proposer has disclosed the name of any City
       employee who owns, directly or indirectly, interest of ten percent (10%) or more in the
       Respondent’s firm or any of its affiliates or team members

       The existence of any such conflicts of interest will not automatically disqualify any
       proposing team from consideration. The City will evaluate such disclosures and
       determine whether they are disqualifying or subject to possible mitigation measures.

2.     Good Faith. Proposer represents that the Proposal is made without connection with
       any persons, company or party submitting another proposal, and that it is in all
       respects fair and in good faith without collusion or fraud.

3.     Financial. Proposer certifies that Proposer has not filed for bankruptcy in the past five
       (5) years.

4.     Criminal. Proposer certifies that neither Proposer nor any of Proposer’s principals
       have been convicted of a felony or fraud. Indicate if any principals have been indicted
       for a felony or fraud.

RFP No. 09/10-118                                                                             24
5.      Procurement. Proposer certifies that Proposer and any parent corporations, affiliates,
        subsidiaries, members, shareholders, partners, officers, directors or executives thereof
        are not presently debarred, proposed for debarment or declared ineligible to bid or
        participate in any federal, state or local government agency projects and are not listed
        on the Florida convicted vendor list. Pursuant to F.S. 287.133, a person or affiliate who
        has been placed on the convicted vendor list maintained by the State of Florida may
        not submit a bid to the City of West Palm Beach for 36 months following the date of
        being placed on the convicted vendor list.

     1. No Contingency. Proposer warrants that it has not employed or retained any company
        or person, other than a bona fide employee working solely for Proposer, to solicit or
        secure an award under this RFP and that it has not paid or agreed to pay any person,
        company, corporation, individual, or firm, other than a bona fide employee working
        solely for Proposer, any fee, commission, percentage, gift, or any other consideration
        contingent upon or resulting from an award.

     7. Truth in Negotiation. Proposer certifies the compensation and hourly rates and other
        expenses or costs to be compensated under the contract are accurate, complete and
        current and the time of contracting and no higher than those charged to the Proposer’s
        other customers for the same or substantially similar service in the Southeast Region of
        the United States during the preceding twelve (12) month period. The fees and
        expenses payable under the contract shall be adjusted to exclude any significant sums
        should the City determine that the fees and costs were increased due to inaccurate,
        incomplete or non-current wage rates or due to inaccurate representations of fees paid
        to sub-consultants or sub-contractors.

     8. Use of Funds. Proposer certifies to the best of its knowledge and belief that no funds
        or other resources received in connection with an award of a contract from this RFP will
        be used directly or indirectly to influence legislation or any other official action by the
        Florida Legislature or any state agency.

     9. Proposer recognizes and agrees that the City will not be responsible or liable in any
        way for any losses that the Proposer may suffer from the disclosure of Proposal
        information to third parties.




RFP No. 09/10-118                                                                               25
     ENERGY PERFORMANCE CONTRACTING SERVICES
                                    Section 5
                          GENERAL TERMS AND CONDITIONS

1.     LOBBYING PROHIBITED

As to any matter relating to this RFP, any proposer, team member, or anyone representing a
proposer are advised that they are prohibited from contacting or lobbying the Mayor, any City
Commissioner, City staff, evaluation committee, City representative or consultant, or any other
person working on behalf of the City (except the Procurement Official) on any matter related to
or involved with this RFP. For purposes of clarification, a team’s representatives shall include,
but not be limited to, the proposer’s employees, partners, attorneys, officers, directors,
consultants, lobbyists, or any actual or potential subcontractor or consultant of the proposer
and the proposer’s team. All oral or written inquiries are to be directed to the Procurement
Official. Any violation of this condition may result in rejection and/or disqualification of the
respondent and team.

The “No-Lobbying” condition is in effect from the date of publication of this RFP and
shall remain in effect until the City executes a contract, or otherwise takes action which
ends the solicitation process for the project or study.

2.     Ethics Requirements

No Proposer may employ, directly or indirectly, the mayor, any member of the city commission
or any director or department heard of the City. The City Code prohibits any employee, or
member or their immediate family or close personal relation to receive a substantial benefit or
profit from any contract entered into with the City, either directly or through any firm of which
they are a member, or any corporation of which they are a stockholder, or any business entity
in which they have a controlling financial interest. Any affected city employee may seek a
conflict of interest opinion from the city ethics officer prior to the submittal of a bid.
Additionally, any employee may seek a legal opinion from the State of Florida Ethics
Commission regarding state law conflict of interest provisions.

3.      Small Business Program
The City’s Small Business Ordinance is set forth in Chapter 66 of the Code of Ordinances and
is incorporated herein by reference. Proposers are encouraged to read it in its entirety. Any
conflicts between the SB Ordinance and these specifications shall be interpreted pursuant to
the SB Ordinance. Please note, regardless of whether a goal is established or not, the City
encourages small business participation in all of its procurements.

4.     News Releases / Publicity

News releases, publicity releases, or advertisements relating to this contract or the tasks or
projects associated with the Project shall not be made without prior City approval.

5.     Confidential Information

Florida law provides that municipal records shall at all times be open for personal inspection
by any person. Section 119.01, F.S., The Public Records law pertains. Information and
materials received by City in connection with all RFPs and proposals shall be deemed to be
public records subject to public inspection upon award, recommendation for award or 10 days

RFP No. 09/10-118                                                                             26
after bid opening, whichever occurs first. However, certain exemptions to the public records
law are statutorily provided for in Section 119.07, F.S. Therefore, if the Proposer believes any
of the information contained in its Proposal is exempt from the public records law, then the
Proposer must specifically identify the material which is deemed to be exempt and cite the
legal authority for the exemption, otherwise, the City will treat all material received as public
records.

6.     Non-discrimination

Proposer shall not discriminate in any way based on race, color, religion, sex, gender identity
or expression, national origin, age, disability, familial status, marital status or sexual
orientation, or any other factor which cannot be lawfully used as a basis for selection or
service delivery.

7.     Rights and Privileges; No Assignment

The selected proposer will be precluded from assigning, transferring, conveying, subletting or
otherwise disposing of the award rights and ensuing contracts, if any, or of any or all of the
rights, titles or interest therein, if any, without prior written consent of the City Commission.

8.     Procurement Code

Chapter 66 of the Code of Ordinances of the City of West Palm Beach shall govern this RFP.

9.     City as Gatekeeper of Documents

This document is issued directly by the City of West Palm Beach and the City shall be the sole
distributor of all addendums and/or changes to these documents. It is the responsibility of the
Proposer to confirm the legitimacy of procurement opportunities or notices directly with the
Procurement Division. The City is not responsible for any solicitations advertised by subscriber
publications, or other sources not connected with the City and the respondent/proposer should
not rely on such sources for information regarding any solicitation made by the City of West
Palm Beach.

10.    Right to Contract for similar/additional services

The City reserves the right to provide for similar and/or additional services from other
companies if the City so deems necessary. If the City elects to exercise this right the contract
awarded under this RFP shall remain in affect as for to all terms, agreements, and conditions
without penalty or diminution of ongoing services as contained therein and previously provided
by the proposal. No contract with the City is an exclusive contract, unless explicitly stated in
such contract.

11.    Ownership of Documents

The City shall have full ownership and the right to use, copyright, reproduces, or modify, all
drawings, surveys, plans, specifications, reports and documents and work product resulting
from this solicitation or produced under any resulting contract, and regardless of whether in
paper or electronic format, without payment of any royalties or fees to the Proposer. Proposer
acknowledges that City’s contract will require a full waiver of all intellectual property rights and
copyrights in all such documents.


RFP No. 09/10-118                                                                                27
12.    Proposal

The successful Proposer will be required to assume responsibility for all services offered in its
proposal whether or not such services are provided by Proposer or a subcontractor. Further,
the selected Proposer shall be the sole point of contact with regard to all contractual matters.

13.    Indemnity

Proposer agrees to indemnify, defend, save and hold harmless the City, its officers, agents
and employees, from any claim, demand, suit, loss, cost or expense for any damages that
may be asserted, claimed or recovered against or from City, its officials, agents, or employees
by reason of any damage to property or personal injury, including death and which damage,
injury or death arises out of or is incidental to or in any way connected with Proposer’s
performance of the services or caused by or arising out of (a) any act, omission, default or
negligence of Proposer in the provision of the services under the contract; (b) property
damage or personal injury, which damage, injury or death arises out of or is incidental to or in
any way connected with Proposer’s execution of services under the contract; or (c) the
violation of federal, state, county or municipal laws, ordinances or regulations by Proposer.
This indemnification includes, but is not limited to, the performance of the contract by Proposer
or any act or omission of Proposer, its agents, servants, contractors, patrons, guests or
invitees and includes any costs, attorneys’ fees, expenses and liabilities incurred in the
defense of any such claims or the investigation thereof. Proposer agrees to pay all claims and
losses and shall defend all suits, in the name of the City, its employees, and officers, including
but not limited to appellate proceedings, and shall pay all costs, judgments and attorneys' fees
which may issue thereon. City reserves the right to select its own legal counsel to conduct
any defense in any such proceeding and all costs and fees associated therewith shall be the
responsibility of Proposer under this indemnification provision. To the extent considered
necessary by the City, any sums due Proposer under the contract may be retained by City
until all of City’s claims for indemnification have been resolved, and any amount withheld shall
not be subject to the payment of interest by City. This indemnification is separate and apart
from, and in no way limited by, any insurance provided pursuant to the contract or otherwise.
The parties mutually acknowledge that the provisions of §725.08, Fla. Stat., have been fulfilled
and govern this provision. This paragraph shall not be construed to require Proposer to
indemnify the City for its own negligence, or intentional acts of the City, its agents or
employees. This clause shall survive the expiration or termination of this Agreement.

14.    Disclosures and Disclaimers

This Request for Proposals (“RFP”) is being issued by the City of West Palm Beach
(hereinafter known as “City”). Any action taken by the City in response to proposals made
pursuant to this RFP or in making any award or failure or refusal to make any award pursuant
to such proposals, or in any cancellation of award, or in any withdrawal or cancellation of this
RFP, either before or after issuance of an award, shall be without any liability or obligation on
the part of the City or their advisors.

In its sole discretion, the City may withdraw this RFP either before or after receiving proposals,
may accept or reject proposals, and may accept proposals which deviate from the RFP. In its
sole discretion, the City may determine the qualifications and acceptability of any party or
parties submitting proposals in response to this RFP (each such party being hereinafter known
as “Proposer”).



RFP No. 09/10-118                                                                              28
Following submission of a proposal, the Proposer agrees to promptly deliver such further
details, information and assurances, including, but not limited to, financial and disclosure data,
relating to the proposal and/or the Proposer, including the Proposer’s affiliates, officers,
directors, shareholders, partners and employees, as requested by the City.

The information contained herein is provided solely for the convenience of Proposers. It is the
responsibility of a Proposer to assure itself that information contained herein is accurate and
complete. Neither the City, nor their advisors provide any assurances as to the accuracy of
any information in this RFP. Any reliance on the contents of this RFP, or on any
communications with City representatives or advisors, shall be at each Proposer’s own risk.
Proposers should rely exclusively on their own investigations, interpretations and analyses in
connection with this matter. The RFP is being provided by the City without any warranty or
representation, express or implied, as to its content; accuracy or completeness and no
Proposer or other party shall have recourse to the City if any information herein contained
shall be inaccurate or incomplete. No warranty or representation is made by the City that any
proposal conforming to these requirements will be selected for consideration, negotiation or
approval.

The City, and its representatives shall have no obligation or liability with respect to this RFP, or
the selection and award process contemplated hereunder. Neither the City nor its
representatives warrant or represent that any award or recommendation will be made as a
result of the issuance of this RFP. All costs incurred by a Proposer in preparing and
responding to this RFP are the sole responsibility of the Proposer. Any recipient of this RFP
who responds hereto fully acknowledges all the provisions of this Discloser and Disclaimer
and agrees to be bound by the terms hereof. Any proposal submitted pursuant to this RFP is
at the sole risk and responsibility of the party submitting such proposal.

This RFP is made subject to correction of errors, omissions, or withdrawal without notice.
Information contained in the RFP is for guidance only and each recipient hereof is cautioned
and advised to independently verify all of such information. In the event of any differences
between this Disclosure and Disclaimer and the balance of the RFP, the provisions of this
Disclosure and Disclaimer shall govern.

Formal presentation by the Proposer shall be made before the City which may include one or
more Proposers. Contract negotiation will take place with the first choice of the City and if a
suitable contractual arrangement cannot be made, negotiations will commence with the
second choice or, the City may, at its sole option, withdraw this RFP.

The City reserves the right to select the proposal which in the opinion and sole discretion of
the City will be in the best interest of and/or most advantageous to the City. The City reserves
the right to waive any irregularities and technicalities and may at its discretion request re-
submittal of proposals. All expenses in preparing the proposal and any re-submittals shall be
borne by the Proposer.

The City and the Proposer will be bound only if and when a proposal, as it may be modified, is
approved and accepted by the City, and the applicable agreements pertaining thereto, are
approved, executed and delivered by the Proposer and the City, and then only pursuant to the
terms of a contract executed by the Proposer and the City. All or any responses to this RFP
may be accepted or rejected by the City for any reason, or for no reason, without any resultant
liability to the City.



RFP No. 09/10-118                                                                                29
The City and its representatives are governed by the Sunshine law and the Public Records
law of the State of Florida and all proposals and supporting data shall be subject to disclosure
as required by such laws. All proposals shall be submitted in sealed bid form and shall remain
confidential to the extent permitted by the Public Records law until the date and time selected
for opening responses. Upon award recommendation or ten (10) days after opening,
whichever is greater, any material submitted in response to this RFP will become a public
record and shall be subject to public disclosure consistent with Chapter 119, Florida
Statutes. Proposers must claim the applicable exemptions to disclosure provided by law in
their response to the RFP by identifying materials to be protected, and must state the reasons
why such exclusion from public disclosure is necessary and legal. The City reserves the right
to make any final determination of the applicability of the Public Records Law.




RFP No. 09/10-118                                                                            30
     ENERGY PERFORMANCE CONTRACTING SERVICES
                                             RFP # 09/10-

                                       Section 6
                           FEDERAL AND STATE REQUIREMENTS

The City may use funds from federal grants to pay down financing costs or to otherwise fund
energy conservation measures. Therefore, unless otherwise advised by the City, the
successful ESCOs and its sub-contractors must comply with Department of Energy federal
guidelines and the requirements of American Recovery and Reinvestment Act of 2009
(Recovery Act)in performance of the Guaranteed Energy Performance contract.

At the time of negotiation of the Guaranteed Energy Performance contract, the ESCO should
obtain the identification of the amount of federal funds to be used on the project, if any, and
the specific details regarding implementation of the federal requirements generally described
below:

1. General

             (1) These contract provisions shall apply to all work performed under the Guaranteed
                 Energy Performance contract on the ESCO's own organization and with the
                 assistance of workers under the contractor's immediate superintendence and to all
                 work performed on the contract by piecework, station work, or by subcontract.

             (2) Except as otherwise provided for in each section, the ESCO shall insert in each
                 subcontract all of the stipulations contained in these Required Contract Provisions, and
                 further require their inclusion in any lower tier subcontract or purchase order that may in
                 turn be made. The Required Contract Provisions shall not be incorporated by reference
                 in any case. The prime contractor shall be responsible for compliance by any
                 subcontractor or lower tier subcontractor with these Required Contract Provisions.

             (3) A breach of any of the stipulations contained in these Required Contract Provisions
                 shall be sufficient grounds for termination of the contract.

2. Administration Requirements. No later than 10 days after end of first calendar quarter
after selection, the ESCO shall be required to obtain a DUNS number, or update existing
record, and must register with the Federal Central Contractor Registration (CCR).

3. Records – Funds. The ESCO must keep separate records for Recovery Act funds and to
ensure those records comply with the requirements of the Act. Accounting systems must be
revised as necessary to segregate and track these funds separate from other project funding.

4. Wage Rates. All laborers and mechanics employed by ESCO and its sub-contractors shall
be paid wages at rates not less than those prevailing on projects of a similar character in the
locality as determined by the Secretary of Labor, in compliance with the Davis-Bacon Act (all
additional Davis-Bacon Act sections should be included in the contract).

5. Information. The ESCO may be required to submit backup documentation for expenditure
of funds, including such items as timecards and invoices.

6. Buy American. The ESCO must certify that it will comply with the requirements of 23
C.F.R. 635.410, as amended, and utilize only iron or steel manufactured in the United States,
or components made with iron or steel that meet the Buy America requirements. The ESCO
RFP No. 09/10-118                                                                                        31
acknowledges that it will be required to produce Buy America certification(s) from the
producer(s) of the steel or iron or components prior to incorporating any such materials into
the work or project. The ESCO may be required to execute the Buy America certification form.

7. Recycled Products. To the extent applicable, the Contractor will provide a competitive
preference to products and services that conserve natural resources, protect the environment
and are energy efficient, in accordance with 40 C.F.R. Part 247. The selected contractor and
all sub-contractors must comply with all the requirements of Section 6002 of the Resource
Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not
limited to the regulatory provisions of 40 C.F.R. Part 247, and Executive Order 12873, as they
apply to the procurement of the items designated in Subpart B of 40 C.F.R. Part 247.

8. Whistleblowers. The ESCO shall post the Whistleblower Protection Notice at appropriate
locations of the job site related to the federal funding.

Pursuant to the receipt of Recovery Act funds, the ESCO may not discharge, demote or
otherwise discriminate against, as a reprisal for disclosing to an appropriate person,
information that the employee believes is evidence of:

       - gross management of an agency contract or grant funds
       - gross waste of grant funds
       - substantial and specific danger to public health or safety related to the use of grant
        funds
       - abuse of authority related to the use of grant funds
       - violation of law, rule or regulation related to a City contract or grant, awarded or
       issued, relating to grant funds

9. Lobbying. The ESCO, and each of its sub-contractors, will be required to certify that “No
federal funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, an officer or
employee of Congress or an employee of a member of Congress in connection with the
awarding of any Federal contract, the making of any Federal loan, the entering into any
cooperative agreement and the extension, continuation, renewal, amendment or modification
of any Federal contract, grant, loan or cooperative agreement.”

10. Access to Records. The ESCO acknowledges that because the project is funded in whole
or in part by Recovery Act funds, the Comptroller General, or any appropriate appointed
inspector general, is authorized to examine contractor’s records that pertain to and involve
transactions involving the grant funds and may interview any officer or employee of the
contractor regarding any such transactions. The ESCO agrees to maintain all books, records,
accounts and reports required under the contract for a period of not less than three years after
the date of termination or expiration of the contract, except in the event of litigation or
settlement of claims arising from the performance of the contract, in which case Contractor
agrees to maintain same until the City, the DOE Administrator, the Comptroller General, or
any of their duly authorized representatives, have disposed of all such litigation, appeals,
claims or exceptions related thereto. Reference C.F.R. 18.39(i)(11).

11. False Claims. The ESCO shall promptly refer to DOE any credible evidence that a
principal, employee, agent, contractor, sub-grantee, sub-contractor or other person has
submitted a false claim under the False Claim Act or has committed a criminal or civil violation
of law pertaining to fraud, conflict of interest, bribery, gratuity or similar misconduct involving
grant funds.

RFP No. 09/10-118                                                                               32
12. Non-Discrimination. The ESCO will be required to sign the following assurance:

       “The ESCO agrees to comply with Title VI of the Civil Rights Act of 1964; Section 16 of
the Federal Energy Administration Act of 1974; Section 401 of the Energy Administration Act
of 1974; Title 14 of the Education Amendments of 1972, as amended; Section 504 of the
Rehabilitation Act of 1973; the Age Discrimination Act of 1975; Title VIII of the Civil Rights Act
of 1968; the Department of Energy Organization Act of 1977; the Energy Conservation and
Production Act of 1976, as amended; and Title 10, Code of Federal Regulations, Part 1040. In
accordance with these laws and regulations issued pursuant thereto, the ESCO agrees to
assure that no person in the United States shall, on the grounds of race, color, national origin,
sex, age or disability, be excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination under any activity in which ESCO receives Federal funds
from the Department of Energy.”

13. Recovery Act. The ESCO shall comply with all provisions of the American Recovery and
Reinvestment Act of 2009 (Recovery Act).




RFP No. 09/10-118                                                                              33
                                                                                 P-1
                                                                                 P-1
     ENERGY PERFORMANCE CONTRACTING SERVICES
                                     RFP # 09/10-118



                            REGISTRATION FORM


Proposers shall complete and return this form to the Procurement Official prior 5:00
P.M. ESTFriday, April 9, 2010 in order to receive any addenda(s) issued for this
RFP. This form may be faxed to 561-822-1564.

It is the responsibility of the Proposer to ensure its receipt of all addenda.


Name of Company: ____________________________________________________

Address:_____________________________________________________________

____________________________________________________________________

City_______________________________________ State: _______ Zip: __________


Contact Person: __________________________________

Title: _______________________________


Telephone (______) _________________ Fax (______)____________________


E-Mail Address: ______________________________________________________


Preferred Method of Receipt:          Fax              E-Mail




RFP No. 09/10-118                                                                 34
                                                                                        P-2
                                                                                        P-2
         ENERGY PERFORMANCE CONTRACTING SERVICES
                                          RFP # 09/10-118

                         PROPOSER INFORMATION PAGE
         (This page must be completed and return with your Qualifications Statement.)



Company Name: _________________________________________________________
Authorized
Signature:         _________________________________________________________
                              Signature                           Print Name


Title:            _________________________________________________________
Physical
Address:           _________________________________________________________
                                Street

                   _________________________________________________________
                       City                                    State           Zip Code


Telephone:         _________________________ Fax: __________________________


Web Site (if applicable:___________________________________________________


Federal Identification Number:_____________________________________________
This is a requirement for every Vendor/Proposer.

                  Please supply contact person for questions or concerns


Name:_______________________________________________________________
             Please print name and title

Telephone: _________________________ Cell Phone:_________________________

E-Mail Address: ________________________________________________________




   RFP No. 09/10-118                                                                     35
                                                                                                  P-3
                                                                                                  P-3
      ENERGY PERFORMANCE CONTRACTING SERVICES
                                          RFP # 09/10-118

                                   PROJECT EXPERIIENCE
                                   PROJECT EXPER ENCE

Proposer Firm: ________________________________________________________

List at least five (5) energy performance contracting projects performed by your firm. You may include
projects that are currently under contract with you firm, provided such projects are in repayment with at
least one full year’s work of savings data. Identify projects that have been managed directly by the
specific branch, division, office or individual that will be assigned to the City’s program. Identify any
projects involving buildings or facilities similar to the City’s buildings and facilities.

Project Name /
Location______________________________________________________________

Type of Facility

Project Dollar Amount
(installed project costs)
Primary energy conservation measures installed




Construction start date
Final completion date

Dollar value of Projected annual energy savings

Dollar value of Guaranteed annual energy savings

Dollar value and type of annual operational cost
savings (if applicable) for materials, outside
maintenance contracts, etc.

Method(s) of savings measurement and verification

Identify personnel associated with project and their
roles and responsibilities

Provide current telephone numbers for the owner’s
representatives familiar with the Project.


Add additional sheets if necessary.
For each project listed on Form P-3, please complete Form P-4 documenting the energy savings.




RFP No. 09/10-118                                                                                     36
                                                                                             P-4
      ENERGY PERFORMANCE CONTRACTING SERVICES
                                      RFP # 09/10- 118

                              PROJECT ENERGY SAVIINGS
                              PROJECT ENERGY SAV NGS

Proposer Firm: ________________________________________________________

For each project listed on Form P-3, please complete this Form documenting the energy savings. Use
additional sheets as necessary.

Project Name /
Location______________________________________________________________

            Projected Guaranteed Achieved
                                                     Year 1    Year 2    Year 3     Year 4    Year 5
KWH

Therms

KW

Water
Gals.
Other
(specify)




Project Name /
Location______________________________________________________________

            Projected Guaranteed Achieved
                                                     Year 1    Year 2    Year 3     Year 4    Year 5
KWH

Therms

KW

Water
Gals.
Other
(specify)




RFP No. 09/10-118                                                                              37
       P-5
                                        ENERGY PERFORMANCE CONTRACTING SERVICES
                                                                   RFP # 09/10- 118
                                                   Summary Table of Energy Audit and Energy Savings

Provide a tabulated summary for each facility and site in the format of the table. List each Energy Conservation Measure (ECM) and energy and cost savings.
In addition, submit a text summary, which should include: name and description of each service, installed capital cost, expected average annual maintenance
equipment/parts expense for each service (do not include labor expenses), expected service life of each implemented change, and projected energy savings.
Describe in detail the methodology used to compute baseline of energy and water use as well as performance.


ECM       ECM         KWH      KWH       Demand      Demand    Natural    Natural   Water    Water     Total    Total    Total    Simple
                                                                                                                                           Annual
        Description   Saved    Cost      Reduced      Cost      Gas      Gas Cost   Saved    Cost     MMBTU     Cost     ECM     Payback
                              Savings                Savings   Therms    Savings    KGal    Savings            Savings   Cost     Years     ECM
                                                               Saved                                                                       Maint.
                                                                                                                                            Cost
  1
  2
  3
  4
  5
  6
  7
  8
  9
 10
 11
 12

       Facility/Site __________________

       Energy Conversion Formulas:
       Kilowatt Hour (KWH) – 0.003413 MMBTU
       MCF (Natural Gas) – 1.031 MMBTU




       RFP No. 09/10-118                                                                                                                                38
                                 City of West Palm Beach
                                       RFP #09/10-118                                     P-6

                         REPRESENTATIONS AND DISCLOSURES

RFP No. __________________                   Energy Performance Contracting Services

STATE OF ______________________________________}
                                               } SS:
COUNTY OF ____________________________________}

       I am a officer of the Proposer firm, named below, submitting its qualifications under an
RFP and am authorized to make the following Representations and Disclosures on behalf of
the Proposer. I certify or affirm that to the best of my knowledge and belief, the following
statements are true:

1.    Proposer agrees that its proposal may become part of any contract entered into
between the City of West Palm Beach and the Proposer.

2.      There are no actual, apparent or potential conflicts of interest with Proposer or any
sub-consultants or subcontractors that are present or could develop with respect to the scope
of services for the project/study and any parties to this solicitation or any third parties.

3.     Submittal of Proposer’s Proposal is made without connection with any persons,
company or party making another submittal, and that it is in all respects fair and in good faith
without collusion or fraud.

4.     Proposer has not filed for bankruptcy in the past five (5) years.

5.       Neither Proposer nor any of Proposer’s principals have been convicted of or indicted
for a felony or fraud.

6.     Proposer and any parent corporations, affiliates, subsidiaries, members, shareholders,
partners, officers, directors or executives thereof are not presently debarred, proposed for
debarment or declared ineligible to bid or participate in any federal, state or local government
agency projects and are not listed on the Florida convicted vendor list.

7.      Proposer warrants that it has not employed or retained any company or person, other
than a bona fide employee working solely for Proposer, to solicit or secure an award under this
RFP and that it has not paid or agreed to pay any person, company, corporation, individual, or
firm, other than a bona fide employee working solely for Proposer, any fee, commission,
percentage, gift, or any other consideration contingent upon or resulting from an award.

8.     Proposer certifies the compensation and hourly rates and other expenses or costs to
be compensated as proposed are accurate, complete and current and the time of contracting
and no higher than those charged to the Proposer’s other customers for the same or
substantially similar service in the Southeast Region of the United States during the preceding
twelve (12) month period.



RFP No. 09/10-118                                                                            39
  9.      Proposer certifies to the best of its knowledge and belief that no funds or other
  resources received in connection with an award of a contract from this RFP will be used
  directly or indirectly to influence legislation or any other official action by the Florida
  Legislature or any state agency.


  I certify or affirm that to the best of my knowledge and belief, the above 9 statements are true.



  Proposer Firm: ________________________________________________

  Officer’s Name: ____________________________Title: _____________________________


  Signature: _______________________________________



  AFFIRMED AND SIGNED before me this ______ day of _____________________, 2010

  by _____________________________ (name) as ____________________________ (title) of

   _____________________________________ (Proposer firm), and who is personally known

  to me or produced ___________________________________ as identification.



                                        _______________________________________
                                              Notary Public


                                        Notary Stamp:




In the event Proposer cannot execute this form as drafted, Proposer may substitute a similar
         Representations and Disclosure certifying to the facts applicable to the Proposer.




  RFP No. 09/10-118                                                                              40
                                                          ATTACHMENT A

                    Building List and Site Information

1.     a. City of West Palm Beach Fire Station # 1
       Address: 500 North Dixie Highway, West Palm Beach, FL 33401
       Parcel Control Number: 74434322120040090
       Year constructed: 1980
       Year of any modifications, additions, renovations: No
       Total square footage of conditioned space: 21,065
       Primary use: Fire Station
       All ancillary facilities and lighting to be included

       b. City of West Palm Beach Fire Station # 2
       Address: 4301 South Dixie Highway, West Palm Beach, FL 33405
       Parcel Control Number: 74434404330010020
       Year constructed: 2002
       Year of any modifications, additions, renovations: No
       Total square footage of conditioned space: 15,573
       Primary use: Fire Station
       All ancillary facilities and lighting to be included

     c. City of West Palm Beach Fire Station # 6
       Address: 3033 Cumberland Drive, West Palm Beach, FL 33409
       Parcel Control Number: 74424312070050010
       Year constructed: 1985
       Year of any modifications, additions, renovations: No
       Total square footage of conditioned space: 5,345
       Primary use: Fire Station
       All ancillary facilities and lighting to be included



2.     City of West Palm Beach Police Station
       Address: 600 Banyan Boulevard, West Palm Beach, FL 33401
       Parcel Control Number: 74434321010280010
       Year constructed: 1995
       Year of any modifications, additions, renovations: No
       Total square footage of conditioned space: 148,832
       Primary use: Police Station

RFP No. 09/10-118                                                     41
          All ancillary facilities and lighting to be included

3.        Evernia Street Garage
          Address: 333 Evernia Street, West Palm Beach, FL 33401
          Parcel Control Number: 74434321010110110
          Year constructed: 1990
          Year of any modifications, additions, renovations
          Total square footage of conditioned space: 266,826
          Primary use: Parking Garage
          All ancillary facilities and lighting to be included

4.        Community Centers
     a.    South Olive
          Address: 345 Summa Street, West Palm Beach, FL 33405
          Parcel Control Number: 74434410000007010
          Year constructed: 2002
          Year of any modifications, additions, renovations: No
          Total square footage of conditioned space: 17,160
          Primary use: Recreation Center
          All ancillary facilities and lighting to be included

 b.        Gaines Park
          Address: 1501 North Australian Avenue, West Palm Beach, FL 33401
          Parcel Control Number: 74434316000003010
          Year constructed: 1972
          Year of any modifications, additions, renovations: Yes
          Total square footage of conditioned space: 17,039
          Primary use: Recreation Center
          All ancillary facilities and lighting to be included

 c.        Vedado Park
          Address: 3710 Paseo Andalusia, West Plm Bch, FL 33405
          Parcel Control Number: 74434333060110070
          Year constructed: 1998
          Year of any modifications, additions, renovations: No
          Total square footage of conditioned space: 2,473
          Primary use: Recreation Center
          All ancillary facilities and lighting to be included




RFP No. 09/10-118                                                            42
 d.     Pleasant City
       Address: 501 22nd Street, West Palm Beach, FL 33407
       Parcel Control Number: 74434316140030010
       Year constructed: 1980
       Year of any modifications, additions, renovations: No
       Total square footage of conditioned space: 8,458
       Primary use: Recreation Center
       All ancillary facilities and lighting to be included

 e.     Coleman Park
       Address: 1116 21st Street, West Palm Beach, FL 33407
       Parcel Control Number: 74434316070000830
       Year constructed: 2003
       Year of any modifications, additions, renovations: No
       Total square footage of conditioned space: 3,100
       Primary use: Recreation Center
       All ancillary facilities and lighting to be included

 f.     Howard Park
       Address: 1302 Parker Avenue, W Plm Bch, FL 33401
       Parcel Control Number: 74434328000001080
       Year constructed: 1977
       Year of any modifications, additions, renovations: No
       Total square footage of conditioned space: 5,430
       Primary use: Recreation Center
       All ancillary facilities and lighting to be included

g.     Youth Empowerment Center
       Address: 723 39th Street, West Palm Beach, FL 33407
       Parcel Control Number: 74434309050330390
       Year constructed: 2001
       Year of any modifications, additions, renovations:
       Total square footage of conditioned space: 1,875
       Primary use: Recreation Center
       All ancillary facilities and lighting to be included

h.     Vickers House North
       Address: 811 Palm Beach Lakes Boulevard, West Palm Beach, FL 33401
       Parcel Control Number: 74434316020280110
       Year constructed:
       Year of any modifications, additions, renovations
       Total square footage of conditioned space
RFP No. 09/10-118                                                       43
       Primary use: Youth Family and community Services
       All ancillary facilities and lighting to be included

5.     Grassy Waters Preserve:
       a. Charles W. Bingham Wilderness Pavilion
       Address: 8624 Northlake Boulevard, West Palm Beach, FL 33412
       Parcel Control Number: 74424220000009000
       Year constructed: 1998
       Year of any modifications, additions, renovations: No
       Total square footage of conditioned space: 1,530
       Primary use: Environmental Education
       All ancillary facilities and lighting to be included

       b. Everglades Pavilion
       Address: 8537 Northlake Boulevard, West Palm Beach, FL 33412
       Parcel Control Number: 74424217000007010
       Year constructed: 2002
       Year of any modifications, additions, renovations: No
       Total square footage of conditioned space: 1,600
       Primary use: Environmental Education
       All ancillary facilities and lighting to be included

6.     City of WPB Compound Complex
       Address: 1045 Charlotte Avenue (Buildings # 1-17), West Palm Beach, FL
       33401
       Parcel Control Number: 74434328090160010
       Year constructed
       Year of any modifications, additions, renovations
       Total square footage of conditioned space
       Primary use: maintenance activities for vehicles, storage, warehouse, office
       space, print shop and other support services
       All ancillary facilities and lighting to be included




RFP No. 09/10-118                                                                 44
   West Palm Beach GASB Inventory Management




RFP No. 09/10-118                              45

								
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