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BOARD OF COUNTY COMMISSIONERS
ESCAMBIA COUNTY, FLORIDA ADMINISTRATIVE SERVICES DEPARTMENT
OFFICE OF PURCHASING
213 PALAFOX PLACE $ 2nd Floor P.O. BOX 1591
PENSACOLA, FL 32597-1591 TELEPHONE (850)595-4980
JOSEPH F. PILLITARY, JR., CPPO, CPPB (SUNCOM) 695-4980 Purchasing Manager TELEFAX (850)595-4805
http://www.co.escambia.fl.us/purchasing
CERTIFICATION OF CONTRACT TITLE: Energy Survey and Guaranteed Energy Savings Contract CONTRACT NO.: 96-97.74 AWARD DATE: 09/28/98 CONTRACTOR(S):Southern Company Energy Solutions, Inc. SUPERSEDES: NA CES/way International, Inc. ANY QUESTIONS, SUGGESTIONS, OR CONTRACT SUPPLIER PROBLEMS WHICH MAY ARISE SHALL BE BROUGHT TO THE ATTENTION OF Kathy Spencer, P.A. III /PHONE NUMBER (850) 595-4983 /SUNCOM NUMBER) (850) 695-4983 E-MAIL [email protected] A. AUTHORITY - Upon affirmative action taken by the Board of County Commissioners on August 26, 1997, a
contract has been executed between the Board of County Commissioners, Escambia County Florida and the designated contractor(s).
B. EFFECT - This contract was entered into to provide economies in the purchase of Service
as described within the solicitation. Therefore, in compliance with County Ordinance Chapter 46 Finance, Article II Division 3, Section 46-81 , all purchases of these commodities shall be made under the terms, prices, and conditions of this contract and with the suppliers specified.
C. ORDERING INSTRUCTIONS - All purchase orders shall be issued in accordance with Codified County Ordinance, Chapter 46 Finance, Article II Purchases and Contracts; and, as supplemented by Ordinance 2001-9 and Ordinance 2001-60. Purchases shall be at the prices indicated, exclusive of all Federal, State and local taxes.
All contract purchase orders shall show the contract number, product number, quantity, description of item, with unit prices extended and purchase order totaled. (This requirement may be waived when purchase is made by a
blanket purchase order.) D. CONTRACTOR PERFORMANCE - Departments shall report any vendor failure to perform according to the
requirements of this contract on Report of Unsatisfactory Materials And/Or Service, Form F0140 to this office. E. VENDOR PERFORMANCE EVALUATION FORM - Contract Appraisal, form F0190 should be used to provide
your input and recommendations for improvements in the contract to the Office of Purchasing for receipt no later than 90 days prior to the expiration date of this contract.
ADMINISTRATIVE SERVICES DEPARTMENT MANAGEMENT AND BUDGET PROPERTY MANAGEMENT PURCHASING
ORDERING INSTRUCTIONS
Southern Company Energy Solutions, Inc.
ALL ORDERS SHOULD BE DIRECTED TO:
FEDERAL EMPLOYMENT IDENTIFICATION NUMBER: 58-1646715
ESCAMBIA COUNTY VENDOR IDENTIFICATION NUMBER: 194085
VENDOR NAME: Southern Company Energy Solutions, Inc.
STREET ADDRESS OR P.O. BOX: 6847-A North 9th Ave., Suite #
CITY, STATE, ZIP CODE: 226 Pensacola, FL 32504 CONTACT PERSON: Charles B. Davis PHONE #: *850) 437-9922 TOLL FREE#: N/A FAX#: None Given CELL#: (850) 712-7516 E-MAIL ADDRESS: [email protected] HOME PAGE ADDRESS: None Given EMERGENCY CONTACT PERSON: N/A PHONE# N/A CELL#: N/A PAGER#: N/A
DISASTER SERVICE CONTACT PERSON: N/A
HOME ADDRESS: N/A
HOME PHONE#: N/A CELL#: N/A PAGER#: N/A TERMS OF PAYMENT: NET 30 DAYS Yes 2%
Will accept ESCAMBIA COUNTY VISA PURCHASING CARD: _______Yes _________No
Will accept ESCAMBIA COUNTY DIRECT VOUCHER: _______Yes _________No
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,55IADMINISTRATIVE SERVICES DEPARTMENT
ESCAMBIA COUNTY, FLORIDAOFFICE OF PURCHASING
223 PALAFOXPLACE• ROOM214"' P.O.BOX1591
PENSACOLA.FL32597-1591TELEPHONE(904)4365740
JOSEPHF,PiLL[TARY,JR. (SUNCOM)682-5740Chief, O_ce of Purchasing TELEFAX(904)4_ro-r_56_470--5355
April 14, 1997
TO: ALL KNOWNPROSPECTIVE CONSULTANTS
ADDENDUM NUMBER 25
RE: COUNTY WIDE ENERGY PERFORMANCE CONTRACTINGSPECIFICATION NUMBER PD 96-97.74.
GENTLEMEN:
WE RECENTLY SENT YOU A REQUEST FOR LETTERS OF INTERESTS ANDQUALIFICATIONS FOR THE ABOVE MENTIONED SPECIFICATION.
THIS IS AN ADDENDUM #2 CHANGING THE DUE DATE TO RECEIVE LETTERS OF
INTERESTS AND QUALIFICATIONS FROM UNTIL 3:00 P.M. LOCAL TIME,TUESDAY, APRIL 15, 1997 TO UNTIL 3:00 P.M. LOCAL TIME, FRIDAY,
APRIL 18, 1997.
THIS ADDENDUM NUMBER 2 IS FURNISHED TO ALL KNOWN PROSPECTIVE
CONSULTANTS IN DUPLICATE. PLEASE SIGN AND RETURN ONE COPY OF THIS
ADDENDUM WITH YOUR REQUEST FOR LETTER OF INTEREST AS ANACKNOWLEDGEMENT OF YOUR HAVING RECEIVED SAME. THE OTHER COPY IS
FOR YOUR RECORD.
SINCERELY,
PURCHASING MANAGER
SIGNED:
COMPANY:
JFP:mgd
ADMINISTRATIVE SERVICES DEPARTMENT
MANAGEMENT AND BUDGET * HUMAN RESOURCES • PURCHASING • RISK MANAGEMENT
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ADMINISTRATIVE SERVICES DEPARTMENTESCAMBIA COUNTY, FLORIDA
@OFFICE OF PURCHASING223 PALAFOX PLACE • ROOM 214
P.O. BOX 1591PENSACOLA, FL 32597-1591TELEPHONE (904) 436-5740
JOSEPH R PILLITARY, JR. (SUNCOM) 682-5740Chief, Office of Purchasing TELEFAX (904) 4,_,,,'56_3 470--5355
April ii, 1997
TO: ALL KNOWN PROSPECTIVE CONSULTANTS
ADDRNDUM NUMBER I:
RE: COUNTY WIDE ENERGY PERFORMANCE CONTRACTINGSPECIFICATION NUMBER PD 96-97.74.
GENTLEMEN:
WE RECENTLY SENT YOU A REQUEST FOR LETTERS OF iNTERESTS AND
QUALIFICATIONS FOR THE ABOVE MENTIONED SPECIFICATION.
THIS IS AN ADDENDUM #i CHANGING PARAGRAPH F) ELIGIBLE RESPONDENTS:
FROM: ELIGIBLE RESPONDENTS ARE LIMITED EXCLUSIVELY TO
MANUFACTURERS OF ENERGY MANAGEMENT SYSTEMS AND EQUIPMENT
AND MECHANICAL SYSTEMS AND EQUIPMENT. RESPONSES FROM OTHERPARTIES SHALL NOT BE CONSIDERED.
TO: ELIGIBLE RESPONDENTS ARE LIMITED EXCLUSIVELY TO ENERGY
SERVICES COMPANIES AND MANUFACTURERS OF ENERGY MANAGEMENT
SYSTEMS AND EQUIPMENT AND MECHANICAL SYSTEMS AND EQUIPMENT.RESPONSES FROM OTHER PARTIES SHALL NOT BE CONSIDERED.
THIS ADDENDUM NUMBER 1 IS FURNISHED TO ALL KNOWN PROSPECTIVE
CONSULTANTS IN DUPLICATE. PLEASE SIGN AND RETURN ONE COPY OF THIS
ADDENDUM WITH YOUR REQUEST FOR LETTER OF INTEREST AS AN
ACKNOWLEDGEMENT OF YOUR HAVING RECEIVED SAME. THE OTHER COPY IS
FOR YOUR RECORD.
SINCERELY,
PURCHASING MANAGER
SIGNED:
COMPANY:
JYP:mgd
ADMINISTRATIVE SERVICES DEPARTMENT
MANAGEMENTAND BUDGET, HUMAN RESOURCES • PURCHAS[NG * RISK MANAGEMENT
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6. ESCO shall provide mylar, reproducible "as built" and record drawings of all existing andmodified conditions associated with the project, conforming to typical engineeringstandards. These sha/l include architectural, mechanical, electrical, structural, and controldrawings and operating manuals within 30 days of the completed installation.
D) Project Funding:
The cost of proposal generation, energy audits, system design, and all other "up-front" costs shall beborne by the respondent with no obligation to the Owner.
The project shall be financed with 100% of any savings above the guaranteed amount to be the soleproperty of the owner. The proposed agreement shall not constitute a debt, liability, or obligationnor will it be a pledge of the faith and credit of the Owner.
E) Savings Guarantee:
The Contractor shall provide a written savings guarantee in accordance with Section 489.145, FloridaStatutes. The total program costs, including financed equipment cost, maintenance costs, and othercosts, shail be one hundred percent (100%) covered by program operational and energy savings.
The gtmr_ntee shall be monitored monthly and reconciled on an annual basis, commencing one yearfrom the date of completion of installation. In the event that the actual savings are less than theguaranteed savings, the Contractor shall a provide a cash reconciliation of the difference.
The Contractor's guarantee shall be a first party direct guarantee from the contractor to the Owner.No third-party guarantee, such as from a non-contractor insurance company, shall be accepted.
F) Eligible Respondents:
Eligible respondents are limited exclusively to energy services companies and manufacturers of energymm_ement systems and equipment and mechanical systems and equipment. Responses from otherparties shall not be considered.
G) Response Format:
Responses shallbe submitted in the format outlined in this document. Prior to the actual evaluation,each response will be reviewed to determine whether or not it is complete. Responses that do notcontain the information requested will not be considered.
"Respondents shall use the prescribed format to clearly indicate their experience and qualifications,describe their technical approach and fully describe their proposed guaranteed energy savingscontract. Responses will be evaluated in light of the material and substantiating evidence presentedin the response, and not on the basis of what is inferred.
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ESC_IA COUNTY
FLORIDA
REQUEST FOR LETTERS OF INTERESTSCounty Wide Energy Performance Contracting
SPECIPICATION NUMBER
Board of County Commissioners
Tom Banjanin, Chairman
Mike BassWillie J. Junior
-. Wilson B. RobertsonD. M. Whitehead
FROM: CONTACT:Joe F. Pillitary, Jr. Ste%_I _%ulckel, Director
Purchasi_ Manager
Escaz_ia Cotu%ty Courthouse _ulnex Facilities Mana_nt223 Pala_oz PIacQ 520 S. co=E_cia
Room 214 Pensacola, I_L 32501P. O. Box 1591
Pensacola, FL 32597-1591 Tel: (904) 444-8495
Tel: (904) 436-5737 Fax: (904) 444-8497
Fax: (904) 470-5355
MARCH 1997
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Request fQrLetters of Interest
Until 3:00 p.m. local time, Tuesday, April 15, 1997, the Board of County Commissioners ofEscambia County, Florida is soliciting Requests for Letters of Interest and Qualifications to bereceived in the Office of Purchasing, 2nd floor, Room 214, County Courthouse Annex, 223Palafox Place, Pensacola, Florida 32501, for the following:
County Wide Energy Performance Contracting
The Board of County Commissioners is seeking specific qualifications from interested EnergyServices Companies, that are capable of providing comprehensive energy management and energyrelated improvement services, for the purpose of entering into a Guaranteed Energy SavingsContract pursuantto Section 489..145 Florida Statutes.
Prospective submitters may obtain copies ofthe Request for Letters of Interest requirements inthe Office of Purchasing, 2nd floor, Room 214, County Courthouse Annex, 223 Palafox Place,Pensacola, Florida 32501. Telephone (904) 436-5740, ask for Specification NumberPD 96-97.74.
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Aug. 26, 1997 Page 6 of 63REQUEST FOR LETTERS OF INTE_oLSPECIFICATION NO. PD 96-97.74
THE BOARD OF COUNTY COMMISSIONERS, ESCAMBIA COUNTY, FLORIDA,
INVITES YOUR COMPANY TO SUBMIT A LETTER OF INTEREST (LETTER (ON THE
SERVICES(S) AS LISTED ON THE ATTACHED PAGES.
ALL TERMS AND CONDITIONS BELOW ARE A pART OF THIS LETTER REQUEST,AND NO LETTER WILL BE ACCEPTED UNLESS ALL THESE CONDITIONS HAVEBEEN SATISFIED. THE BOARD OF COUNTY COMMISSIONERS RESERVES THE
RIGHT TO WAIVE INFORMALITIES IN ANY LETTER; TO REJECT ANY OR ALL
LETTERS, IN WHOLE OR IN PART, AND/OR TO ACCEPT THE LETTER(S) THATIN ITS JUDGMENT IS FROM THE LOWEST AND MOST RESPONSIBLE AND
RESPONSIVE CONSULTANT(S) THAT IS MOST ADVANTAGEOUS TO THE COUNTY.
INSTRUCTIONS TO CONSULTANTS
i. GEI_E RAL INFORMATION
ALL LETTERS TO BE CONSIDERED SHALL BE IN THE POSSESSION OF THE
OFFICE OF PURCHASING PRIOR TO THE TIME OF THE SCHEDULED
DEADLINE. LETTERS MAY BE MAILED TO THE OFFICE OF PURCHASING,
223 PALAFOX PLACE, ROOM 214, PENSACOLA, FLORIDA 32501 OR
DELIVERED TO THE OFFICE OF PURCHASING, 2ND FLOOR, ROOM 214,COUNTY COURTHOUSE ANNEX, 223 PALAFOX PLACE, PENSACOLA, FLORIDA
32.501, IN A SEALED ENVELOPE CLEARLY MARKED:
i
SPECIFICATION NUMBER PD 96-97.74, "COUNTY WIDE ENERGYPERFORMANCE CONTRACTING, (NAME OF CONSULTANT) AND WITH THERECEIVING TIME AND DATE.
NOTE : IF YOU ARE USING A COURIER SERVICE ; FEDERAL
EXPRESS, AIRBORNE, UPS, ETC., YOU MUST MARK AIRBILLAND ENVELOPE OR BOX WITH SPECIFICATION NUMBER AND
PROJECT NAME
REGARDLESS OF THE METHOD OF DELIVERY, EACH CONSULTANT SHALL BERESPONSIBLE FOR HIS LETTER BEING DELIVERED ON TIME AS THE
COUNTY ASSUMES NO RESPONSIBILITY FOR SAME. LETTERS OFFERED OR
RECEIVED AFTER THE TIME SET FOR CLOSING WILL BE REJECTED AND
RETURNED UNOPENED TO THE CONSULTANT(S).
2. PROCUREMENT OUESTIONS
PROCUREMENT QUESTIONS MAY BE DIRECTED TO JOE F. PILLITARY,
JR., PURCHASING MANAGER, TELEPHONE (904) 436-5740, FAX (904)470-5355. TECHNICAL QUESTIONS MAY BE DIRECTED TO STEVE
QUICKEL, DIRECTOR, FACILITIES MANAGEMENT, TELEPHONE (904)
444-8495, FAX (904) 444-8497.
3. FEDERAL AND STATE TAX
ALTHOUGH THE "OWNER" IS NOT SUBJECT TO THE FLORIDA SALES AND
USE TAX, ANY CONTRACTOR WHO PURCHASES MATERIALS WHICH WILL BEUSED IN THE CONSTRUCTION OF A PUBLIC OWNED BUILDING WILL NOT
BE EXEMPTED FROM THE SALES TAX ON THESE MATERIALS AS EVIDENCED
BY THE FOLLOWING EXCERPT FROM THE FLORIDA STATUTES:
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Aug. 26, 1997 Page 7 of 63
INSTRUCTIONS TO CONSULTANTS CONT'D.
"THE STATE, ANY COUNTY, MUNICIPALITY OR POLITICAL SUBDIVISION
OF THIS STATE IS EXEMPT FROM THE SALES TAX, EXCEPT THISEXEMPTION SHALL NOT INCLUDE SALES OF TANGIBLE PERSONAL
PROPERTY MADE TO CONTRACTOR EMPLOYED EITHER DIRECTLY OR AS
AGENTS OF ANY SUCH GOVERNMENTS OR POLITICAL SUBDIVISIONTHEREFORE WHEN SUCH TANGIBLE PERSONAL PROPERTY GOES INTO OR
BECOMES A PART OF PUBLIC WORKS OWNED BY SUCH GOVERNMENT OR
POLITICAL SUBDIVISION THEREOF."
4. EOUAL EMPLOYMENT OPPORTUNITY
IN CONNECTION WITH THE CARRYING OUT OF ANY PROJECT, THE
CONTRACTOR SMALL NOT DISCRIMINATE AGAINST ANY EMPLOYEE OR
APPLICANT FOR EMPLOYMENT BECAUSE OF RACE, COLOR, RELIGION,
SEX, NATIONAL ORIGIN, AGE, OR PHYSICAL HANDICAP.
5. UNIPORM COMMERCTAL CODE
THE UNIFORM COMMERCIAL CODE (FLORIDA STATUTES, CHAPTER 672)
SHALL PREVAIL AS THE BASIS FOR CONTRACTUAL OBLIGATIONS BETWEEN
THE AWARDED VENDOR/CONTRACTOR AND ESCAMBIA COUNTY FOR ANYTERMS AND CONDITIONS NOT SPECIFICALLY STATED IN THIS REQUEST
FOR LETTER OF INTEREST.
6 • CONTRACTU_%L AGRRRMENT
THIS REQUEST FOR LETTER OF INTEREST SHALL BE INCLUDED ANDINCORPORATED IN THE FINAL CONTRACT OR PURCHASE ORDER. THE
ORDER OF CONTRACT PRECEDENCE WILL BE THE CONTRACT (PURCHASE
ORDER), LETTER OF INTEREST DOCUMENT AND RESPONSE. ANY AND ALLLEGAL ACTION NECESSARY TO ENFORCE THE CONTRACT WILL BE HELD IN
ESCAMBIA COUNTY AND THE CONTRACT WILL BE INTERPRETED ACCORDINGTO THE LAWS OF FLORIDA.
7. PUBLIC RNTITY CRIMES
A PERSON OR AFFILIATE WHO HAS BEEN PLACED ON THE CONVICTEDVENDOR LIST FOLLOWING A CONVICTION FOR A PUBLIC ENTITY CRIME
MAY NOT SUBMIT A BID ON A CONTRACT TO PROVIDE ANY GOODS OR
SERVICES TO A PUBLIC ENTITY, MAY NOT SUBMIT A BID ON A
CONTRACT WITH A PUBLIC ENTITY FOR THE CONSTRUCTION OR REPAIR
OF A PUBLIC BUILDING OR PUBLIC WORK, MAY NOT SUBMIT BIDS ON
LEASES OF REAL PROPERTY TO A PUBLIC ENTITY, MAY NOT BE AWARDEDOR PERFORM WORK AS A CONTRACTOR, SUPPLIER, SUBCONTRACTOR, OR
CONSULTANT UNDER A CONTRACT WITH ANY PUBLIC ENTITY, AND MAY
NOT TRANSACT BUSINESS WITH ANY PUBLIC ENTITY IN EXCESS OF THE
THRESHOLD AMOUNT OF $I0,000.00, PROVIDED IN SECTION 287.017,
FOR _ FOR A PERIOD OF 36 MONTHS FROM THE DATE OFBEING PLACED ON THE CONVICTED VENDOR LIST.
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INSTRUCTIONS TO CONSULTI_WT8 CONTWD.
8. DRUG-FREE WORKPLACE FORM
THE DRUG-FREE WORKPLACE FORM, ATTACHED HERETO, SHALL BESUBMITTED WITH THE LETTER OF INTEREST. WHENEVER TWO OR MORE
LETTERS WHICH ARE EQUAL WITH RESPECT TO PRICE, QUALITY, ANDSERVICE ARE RECEIVED BY THE COUNTY FOR THE PURCHASE OF
COMMODITIES OR CONTRACTUAL SERVICES, A LETTER OF INTERESTRECEIVED FROM A BUSINESS THAT CERTIFIES THAT IT HAS
IMPLEMENTED A DRUG-FREE WORKPLACE PROGRAM SHALL BE GIVENPREFERENCE IN THE AWARD PROCESS. FAILURE TO SUBMIT THIS FORM
WITH THE LETTER OF INTEREST MAY BE CAUSE FOR
REJECTION/DISQUALIFICATION OF THE LETTER.
9. INFORMATION A_RET FOR TRANSACTIONS I%ND CONVEYANCES
THE INFORMATION SHEET FOR TRANSACTIONS AND CONVEYANCES
CORPORATION IDENTIFICATION, ATTACHED HERETO AS PART OF THIS
SOLICITATION PACKAGE, SHALL BE COMPLETED AND SUBMITTED WITHLETTER OF INTEREST. INFORMATION AS PROVIDED WILL BE VERIFIEDTHROUGH THE DEPARTMENT OF STATE. IF CONTRACT IS TO BE
EXECUTED BY OTHER THAN THE PRESIDENT OF THE CORPORATION, A
LETTER OF AUTHORIZATION BY THE PRINCIPAL AUTHORIZED TO
DELEGATE SUCH SIGNATORY AUTHORITY OR A COPY OF THE CORPORATE
RESOLUTION OR BY-LAWS GRANTING SUCH SIGNATORY AUTHORITY SHALLBE SUBMITTED WITH THE INFORMATION SHEET FOR TRANSACTIONS AND
CONVEYANCES CORPORATION IDENTIFICATION ON BEHALF OF THECORPORATION AS EVIDENCE OF AUTHORIZATION FOR OTHER THAN THE
PRESIDENT TO EXECUTE CONTRACT DOCUMENTS ENTERED IN TO WITH
ESCAMBIA COUNTY.
10. COPIES
COPIES OF DOCUMENTS, RECORDS, MATERIALS, AND/OR REPRODUCTIONS
UPON REQUEST WILL BE CHARGED IN ACCORDANCE WITH ESCAMBIACOUNTY'S FEE SCHEDULE. COPYRIGHTED MATERIALS MAY BE
INSPECTED, BUT CANNOT BE COPIED OR REPRODUCED PER FEDERAL LAW.
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DRUG-FREE WORKPLACE FORM
THE UNDERSIGNED VENDOR, IN ACCORDANCE WITH FLORIDA STATUTE 287.087HEREBY CERTIFIES THAT DOES:
NAME OF BUSINESS
i. PUBLISH A STATEMENT NOTIFYING EMPLOYEES THAT THE UNLAWFUL
MANUFACTURE, DISTRIBUTION, DISPENSING, POSSESSION, OR USE OFA CONTROLLED SUBSTANCE IS PROHIBITED IN THE WORKPLACE AND
SPECIFYING THE ACTIONS THAT WILL BE TAKEN AGAINST EMPLOYEESFOR VIOLATIONS OF SUCH PROHIBITION.
2. INFORM EMPLOYEES ABOUT THE DANGERS OF DRUG ABUSE IN THE
WORKPLACE, THE BUSINESS'S POLICY OF MAINTAINING A DRUG-FREE
WORKPLACE, ANY AVAILABLE DRUG COUNSELING, REHABILITATION,EMPLOYEE ASSISTANCE PROGRAMS AND THE PENALTIES THAT MAY BEIMPOSED UPON EMPLOYEES FOR DRUG ABUSE VIOLATIONS.
3. GIVE EACH EMPLOYEE ENGAGED IN PROVIDING THE COMMODITIES ORCONTRACTUAL SERVICES THAT ARE UNDER BID A COPY OF THE
STATEMENT SPECIFIED IN PARAGRAPH i.
4. IN THE STATEMENT SPECIFIED IN PARAGRAPH 1, NOTIFY THE
EMPLOYEES THAT, AS A CONDITION OF WORKING ON THE COMMODITIESOR CONTRACTUAL SERVICES THAT ARE UNDER BID, THE EMPLOYEE WILL
ABIDE BY THE TERMS OF THE STATEMENT AND WILL NOTIFY THE
EMPLOYER OF ANY CONVICTION OF, OR PLEA OF GUILTY OR NOLOCONTENDERE TO, ANY VIOLATION OF CHAPTER 893 OR OF ANYCONTROLLED SUBSTANCE LAW OF THE UNITED STATES OR ANY STATE,
FOR A VIOLATION OCCURRING IN THE WORKPLACE NO LATER THAN FIVE
(5) DAYS •AFTER SUCH CONVICTION.
5. IMPOSE A SANCTION ON, OR REQUIRE THE SATISFACTORYPARTICIPATION IN A DRUG ASSISTANCE OR REHABILITATION PROGRAM
IF SUCH IS AVAILABLE IN THE EMPLOYEE'S COMMUNITY, BY ANY
EMPLOYEE WHO IS SO CONVICTED.
6. MAKE A GOOD FAITH EFFORT TO CONTINUE TO MAINTAIN A DRUG-FREE
WORKPLACE THROUGH IMPLEMENTATION OF PARAGRAPHS 1 THROUGH 5.
CHECK ONE:
AS THE PERSON AUTHORIZED TO SIGN THIS STATEMENT, I
CERTIFY THAT THIS FIRM COMPLIES FULLY WITH ABOVE
REQUIREMENTS •
AS THE PERSON AUTHORIZED TO SIGN THIS STATEMENT, THIS
FIRM DOES NOT COMPLY FULLY WITH THE ABOVE REQUIREMENTS.
CONSULTANT'S SIGNATURE
DATE
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INFORMATION SHEET
FOR TRANSACTIONS AND CONVEYANCES
CORPORATION IDENTIFICATION
The following information will be provided to the Escambia County Legal Departmentfor incorporation in legal documents. It i$, therefore, vital all information isaccurate and complete. Please be certain all spelling, capitalization, etc. isexactly as registered with the state or federal government.
(Please Circle One)
IS THIS A FLORIDA CORPORATION: YE__SS or NO
IF NOT A FLORIDA CORPORATION,IN WHAT STATE WAS IT CREATED:
NAME AS SPELLED IN THAT STATE:
WHAT KIND OF CORPORATION IS IT: "FOR PROFIT" or "NOT FOR PROFIT"
IS IT IN GOOD STANDING: YEs or NO
AUTHORIZED TO TRANSACT BUSINESS
IN FLORIDA: YES or NO
DOES IT USE A NEGISTERED FICTITIOUS
N_: YES or NO
NAMES OF OFFICERS:
PRESIDENT: SECRETARY:VICE PRESIDENT: TREASURER:
DIRECTOR: DIRECTOR:
OTHER: OTHER:
N/%/4E OF CORPORATION
(AS USED IN FLORIDA):
(Spelled exactly as it is registered with the state or federal government)
CORPORATE _DDRESB:
Post Office Box:
City, State Zip:Street Address:
City, State, zip:
(please provide post office box and street address for mail and/or express delivery;also for recorded instruments involving land)
(PLEASE CONTINUE AND COMPLETE PAGE 2)
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Aug. 26, 1997 Page 11 of 63
PAGE 2 OF 2
CORPORATE IDENTIFICATION
FEDERAL IDENTIFICATION NUMBER:
(For all instruments to be recorded, taxpayer's identification is needed)
CONTACT PERSON FOR COMPANY:
TELEPHONE NUMBER: FACSIMILE NUMBER:
NAME OF INDIVIDUAL WHO WILL SIGN THE INSTRUMENT ON BEHALF OF THE COMPANY:
(CONTRACT MUST BE SIGNED BY THE pRESIDENT OR VICE-PRESIDENT. ANY OTHER OFFICER MUST HAVEPERMISSION TO SIGN VIA A RESOLUTION APPROVED BY THE BOARD OF DIRECTORS ON BEHALF OF THE COMPANY.AWARDED CONTRACTOR SHALL SUBMIT A COPY OF THE RESOLUTION TOGETHER WITH THE EXECUTED CONTRACTTO THE OFFICE OF PURCHASING)
(Spelled exactly as it would appear on the instrument)
TITLE OF THE INDIVIDUAL NAMED ABOVE WHO WILL SIGN ON BEHALF OF THE COMPANY:\
END
(904) 488-9000 VERIFIED BY: DATE:
1997-001770 BCCAug. 26, 1997 Page 12 of 63
TABLE OF CONTENTS
Project Description 10
Attachment A: General Information 14
Attachment B: Proposed Project Schedule 19
Attachment C: Qualification Response Format and Presentation Instruction 20
Attachment D: Selection Criteria 24
Attachment E: Point Value 26
Attachment F: Percentage Grades 27
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Board of County Commissioners of Escambia County, Florida
Request for Letters of Interests and Qualifications(_ounty Wide Energy Performance Contractine
The Board of County Commissioners of Escambia County, Florida(hereinai'cer referred to as Owner)is seeking specificqualificationsfrom interested Energy Services Companies (hereinafter referred toas ESCOs) that are capable of providing comprehensive energy management and energy relatedcapital improvement services for thepurpose of entering into a Guaranteed Energy Savings Contractpursuant to Section 489.145, Florida Statutes for the following project:
Implementation of Energy Conserving Measures for the Board of County Commissioners ofEscambia County, Florida
PURPOSE: The RLI requests the services of a Performance Contractor to develop and implementa comprehensive energy conservation program for the Owner.
The intent of this project is to provide the Owner with the means to realize maximum utility savingsand/or energy related improvements without the requirements of capital funds. Timelyimplementation of this project is &the essence. "
PERFORMANCE CONTRACTING: For the purposes of this document, "Performance Contract"or "Guaranteed Energy Savings Contract" means a contract of energy efficiency service and/orequipment as defined in Section 489.145, Florida Statutes, in which the payment obligation isguaranteedby the performance contractor to be less than the energy and/or operational cost savingsattributableto the services and/or equipment under the contract for the term of the agreement.
The Owner is interested in contracting for a full range of energy services as energy-related capitalimprovements (financed through a performance-based contract with guaranteed savings or similaragreement at no initial capita] cost to them). These services may include but are not limited to:
Energy management control systemLarge scale lighting controlIndividual room lighting control (motion sensors)Optical reflectors for fluorescent light fixturesFluorescent lamp and ballast replacementIncandescent to fluorescent lighting conversionConversion to HID lightingMotion sensor control
Daylighting controlEXIT sign conversion
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Other lighting conversion modificationsChiller optimization and controlEconomizer control
Environmental system control replacementHeating, Ventilating and Air Conditioning (HVAC) system modificationsVariable speed/frequency drivesAir compressor replacement/upgradeFuel conversion -- gas to electric or electric to gasBoiler/burner replacementBoiler heat recoveryBoiler combustion controls
Building envelope improvementsDomestic hot and cold water systemsAir management systemsExhaust air energy recoveryUtilization of waste heat for domestic water heatingKitchen appliance conversion to gasHigh efficiency motorsMotor downsizing
Water usa/geGas usage
Any other energy conservation measures proposed by the ESCO will also be considered. Allmeasures shall be proven, commercially available and result in verifiable energy or operationalsavings.
Improvements shallresult in a guaranteed minimumenergy savings with the ESCO payments linkedto actual measured reductions in utilitycosts of consumption. No contract shall exceed ten (10) yearsinduration and is subject to annual appropriations. If it is determined that the ESCO shall maintainthe installed equipment of an energy conservation project, the cost savings shall be sufficient to coverallprojects costs including annual maintenance and monitoring fees for the duration of the contractterm. At a minimum,the energy savings guaranteed should be structured to correspond to the annualfinancing costs associated with the project.
DESCRIIWI'IONOF THE PROCUREMENT PROCESS: it is anticipated that the process for the
procurement of these energy services will proceed in three stages..
I. SITE VISITS: The Board of County Commissioners of Escambia County, Floridais seeking qualified respondents to perform a Performance Contract within theCounty. This RLI is a Request for Letters of Interest meaning the County will onlyevaluate the qualifications of the responding ESCOs. Based upon their currentknowledge &the condition of the buildings within the County, the Board of CountyCommissioners does not request ESCOs to perform any audits and/or surveys of anyfacilities at this time. However, detailed facility visits and comprehensive audits willbe required niter final selection of the ESCO.
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2. SUBMISSION OF WRITTEN QUALIFICATIONS: Each ESCO through itsdesignated representatives will review and evaluate the written requirement to this
"_ Request for Letters of Interests (RLI) in accordance with the selection criteria
identified in Attachment D. The Proposal Review Committee will select (short list)no more than _ qualified ESCOs to proceed to the competitive oral interviewstage of the procurement process.
3. ORAL INTERVIEW: Each of the firms will participate in a detailed oral interview
to more fully discuss its qualifications. ESCOs will be required to answer questions
posed by the Proposal Review Committee. Each oral interview will be tape recordedand will be the sole responsibility of the Proposal Review Committee to make the final
recommendation to the Board of C0unty Commissioners for a ESCO ba.sed upon theevaluation of written responses tO the RLI and oral responses received during the
interview process. Upon short fist determination, a more complete description of theinterview format and logistical arrangements will be mailed to the finalists.
4. SELECTION OF ESCO TO DEVELOP CONTRACT: Owner will select the best
qualified ESCO to conduct a complete technical analysis of the facility and proposecontract terms concerning proposed energy improvements; the time table forcomplet'mg engineering, and construction work, a detailed description of services tobe provided, specific financing arrangements and terms; and an estimate of energy
savings, as well as special conditions offered by the company. Owner intends tonegotiate a final contract for these services, which include a minimum savings
guarantee.
If an acceptable contract cannot be reached with the recommended ESCO, then the negotiations withthe second ranked ESCO may be initiated.
QUALIFIED SUBMISSIONS:
Companies who wish to be qualified by the Owner must submit eight (8) original qualification .
responses which include a letter of interest and responses to Attachments C by April 15, 1997, to thefollowing address:
Joe F. Pillitary, Jr.
Purchasing Manager
• Board of County Commissioners of Escambia County, Florida223 Palafox Place, Room 214
Pensacola, FL 32501
All submissions become the property of Escambia County, Florida and will not be returned to theESCO.
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_=__9 7--00 _. 770 BCCAug. 26, 1997 Page 16 of 63
The Owner reserves the right to reject any or all submissions and to waive informalities and minorirregularitiesin submissions received and to accept any submissions of deemed in the best interest ofthe Owner to do.
All costs associated with submission preparation will be borne by the submitting company.
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1 997--00 1 770 BCCAug. 26, 1997 Page 17 of 63
ATTACHMENT A
General Information
A) Purpose:
This RLI requests the services of a performance contractor to develop and implement acomprehensive energy conservation program for the Owner.
The intentof this project is to provide the owner with the means to realize maximum utility savingsandenergy related improvements without the requirement of capital funds. Timely implementationof this project is of the essence.
B) Performance Contracting:
For the purposes of this document, "Performance Contract" or "Guaranteed Energy SavingsContract" means a contract for energy efficiency service and equipment in which the paymentobligation is guaranteed by the performance contractor to be less than the energy and/or operationalcost savings attributable to the services and/or equipment under the contract for the term of theagreement. Further description is found in F.S. 489.145.
C) Technical Requirements: ' "
l. Technical Energy Analysis: The ESCO's proposed contract terms shall include theperformance and presentation of the results of a detailed technical energy audit ofacceptable quality to the Owner. If the Owner decides not to enter into a contract withthe selected ESCO after the audit has been accepted, they agree to pay a mutually agreedupon fee, as will be indicated in a agreed upon letter of intent (I,O1).
2. Specific standards of comfort will be defined and shall be maintained throughout the termof the contract.
3. A registered professional engineer shall, at a minimum, review and approve design workdone under this contract.
4. The Owner requires a minimum guaranteed savings approach to the project.
5. The ESCO will be required to work with current building management and maintenancepersonnel, to coordinate construction and provide appropriate training in operation ofretrofits.' No equipment shall be installed that will require the hiring of additional personnelby the Owner unless contract negotiations produce an explicit exemption form this rule fora specific installation.
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.997--001770 BCC
Aug. 2B, 1997 Page 18 of 43
6. ESCO shall provide mylar, reproducible "as built" and record drawings of all existing andmodified conditions associated with the project, conforming to typical engineeringstandards. These shallinclude architectural, mechanical, electrical, structural, and controldrawings and operating manuals within 30 days of the completed installation.
D) Project Funding:
The cost'of proposal generation,energy audits, system design, and all other "up-front" costs shall beborne by the respondent with no obligation to the Owner.
The project shaftbe financed with 100% of any savings above the guaranteed amount to be the soleproperty of the owner. The proposed agreement shall not constitute a debt, liabillty_or obligationnor will it be a pledge of the faith and credit of the Owner.
E) Savings Guarantee:
The Contractor shall provide a written savings guarantee in accordance with Section 489.145, FloridaStatutes. The total program costs, including financed equipment cost, maintenance costs, and othercosts, shall be one hundred percent (100%) covered by program operational and energy savings.
The guarantee shall be monitored monthly and reconciled on an annual basis, commencing one yearfrom the date of completion of installation. In the event that the actual savings are less than theguaranteed savings, the Contractor shall a provide a cash reconciliation of the difference.
The Contractor's guarantee shall be a first party direct guarantee from the contractor to the Owner.No third-party guarantee, such as from a non-contractor insurance company, shall be accepted.
F) Eligible Respondents:
Eligible respondents are limited exclusively to manufacturers of energy management systems andequipment and mechanical systems and equipment. Responses from other parties shall not beconsidered.
G) Response Format:
Responses shallbe submitted in the format outlined in this document. Prior to the actual evaluation,each response will be reviewed to determine whether or not it is complete. Responses that do notcontain the information requested will not be considered.
Respondents shall use the prescribed format to clearly indicate their experience and qualifications,describe their technical approach and fully describe their proposed guaranteed energy savingscontract. Responses will be evaluated in light of the material and substantiating evidence presentedin the response, and not on the basis of what is inferred.
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_997--00 1770 BCCAug. 26, 1997 Page Ig of 63
H) Contractor Responsibility:
The selected contractor will be required to assume total responsibility for all services offered inhis/her response. The selected contractor will be considered the prime contractor and the sole pointof contact with regard to all contractual matters.
I) Payments:
Fixed payments shall be made to the Performance Contractor or its assignee for the term of theguaranteed energy savings contract. Such payments .shall not exceed the total energy savingsrealized under this program for the term of this agreement.
J) Required Bonds and Insurance:
Prior to the award of a guaranteed energy savings contract, the Contractor shall provide The Boardof County Commissioners of Escambia County, Florida with a one hundred percent (100%) projectvalue bond for its faithful performance as required by Section 489.145 and Chapter 287, FloridaStatutes.
To adequately protect the interest of The Board of County Commissioners of Escambia County,Florida, the successful respondent shall procure, and maintain in effect during the life of theagreement, the following insurance coverage:
1. Commercial General Liability insurance in the amount of not less than $1,000,000 eachoccuiTence.
2. ComprehensiveAutomotiveLiabili_insuranceintheamountofnotlessthan$500,000.
3. WorkersCompensationinsuranceincompliancewithStateStatutesandemployersliability limits of $500,000.
In addition, Professional Liability insurance coverage shall be in force according to the requirementsfor engineering design work in the State of Florida. Evidence of required bonds and insurance shallbe presented prior to the execution of a guaranteed energy savings contract. Insurance policies tobe carried under the agreement shall not be changed or canceled without 30 days prior notificationto the Office of Purchasing.
Ix')Taxes, Fees, Code Compliance, and Licensing:
The Contractor shall be responsible for the payment of any required taxes or fees associated with theexecution of a guaranteed energy savings contract. The Contractor shall also be responsible forcompliance with all applicable codes and statutes. All engineering, design, installation andconstruction work shall be done by contractors licensed in the State of Florida.
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1_97--00 1 770 BCC
Aug. _6_ 1997 Page 20 of G3
L) References and Proprietary Information:
Submission of a response authorizes The Board of County Commissioners of Escambia County,Florida and its staffto make inquiries concerning the respondent and its officers to any persons orfirms deemed appropriate by The Board of County Commissioners of Escambia County, Florida. Anyproprietary information that the contractor does not want disclosed to the public shall be so identifiedon each page in which it is found. Data or information so identified wi]! be used by The Board ofCounty Commissioners of Escambia County, Florida for the purpose of evaluation and contractnegotiations.
M) Inquiries:
Procurement questions that arise prior to the RLI submission shall be directed to.r_ F. Pillitary, Jr., Purchasing Manager, telephone (904) 436-5740. Technical questions may bedirected to Steve Quickel, Direct6r, Facilities Management, telephone (904) 444-8495.
N) Other Provisions
The following are key elements that shall be provided for in the performance contract:
1. The contents of the RLI submissions become part of the final contract.
2. Owner retains final approval over the scope of work and end-use conditions.
3. The ESCO shall provide a final schedule of project milestones including equipmentservicing provisions which will become part of the final contract. In the event anymilestone or equipment servicing provision is not met as scheduled, without priorapproval, Owner reserves the right to consider it as a default and withdraw from allcontractual obligations without penalty.
4. The ESCO shall carry an appropriate level of insurance for both the construction andoperations phases as specified by the Office of Risk Management of Escambia County,Florida.
5. The ESCO will be responsible for maintaining the levels of"com_+'ortfor each building asspecified...
6. All drawings, reports and materials prepared by the ESCO specifically in performanceof the contract shall become the property of Owner and shall be delivered to them asneeded or upon completion of construction.
7. All work completed under this contract shall be in compliance with all building codes andappropriate accreditation, certification and licensing standards.
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_997_00 1 ?70 BCCHug. _°6_1997 Page 21 of 6',3
8. The contract shall contain a mutually agreeable clause whereby unanticipated changes
in occupancy or use can be accommodated in a fair manner for both parties.
9. At this time of contract expiration, Owner will have the option either to renegotiate thecontract or terminate it without penalty.
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1997--001770 BCCAug. 26, 1997 Page 22 of 63
ATTACHMENT B ".
Proposed Project Schedule
ACTIVITY DATE
RLI Formal Advertisement Date March 30. 1997
Qualifications Due April 15_ 1997
Written Qualifications Reviewedand Evaluated (ESCO list shortened) Apvrox. April 22, 1997
Oral interviews and Presentations To be determined
ESCO P,ecommendations & Approval To be determined
Technicaf'Audit, Project Analysis,Contract Negotiations To be determined
Contract Presented and Signed To be determined
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1997_001770 _CAug. 26, 1997 page 23 of 63
ATTACHMENT C
Qualification Response Format and Preparation Instructions
Responses must be submitted in the format outlined in this section. Each response will be reviewedto determine if it is complete prior to actual evaluation. The Owner reserves the right to eliminatefrom further consideration any response which is deemed to be substantially or materiallyunresponsive to the requests for information contained in this section. The intent of the Owner is thatall responses follow the same format in order to evaluate each response fairly.
Responses will be evaluated in light of the material and substantiating evidence presented in theresponse, and not on the basis of what is inferred.
Each i-espondent shall provide the Owner with eight(8) copies of his/her response. Begin eachsection and subsection described herein on a separate page_ Number the pages in each sectionconsecutively. Each page shall have the name of the respondent indicated clearly at the upper rightcomer of each page.
A) Table of Contents
Responses shall include a Table of Contents properly indicating the section and page numbers of theinformation included.
B) Executive Summary
Responses shall include a concise abstract of no more than two (2) pages stating the respondent'soverview of the project.
C) Experience and Background
I) Firm Profile:
Provide general information on the responding firm, including; name, business address,local telephone number, ot_ticersof the firm, and contact person for this project. Also,the respondent shall provide a certificate of insurance detailing their present coverageand limits. Also, the respondent shall provide their bonding capacity and bonding rate.If the firmis a factory owned branch, specifythe legal business classification, state ofincorporation, provide the last two years of annual reports, and summarize the financialstrength and longevity of the firm. If the firm is a separate legal entity from themanufacturer, for example a distributorship or manufacturer's representative, specifythe legal business classification of the responding firm, describe the legal relationshipbetween the responding firm and the manufacturer, provide audited financialstatements of the local firm for the last two years, and summarize the longevity and
financial strength of the local firm.
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1 _7--00 1 770 BC_Aug. 26, 1997 Page 24 of 63
2) Project Team:
List the members of the project team. Provide a list of the personnel to be used on thisproject and their qualifications. A one page resume including education, experience,and any other pertinent information shall be included for each team member includingsubcontractors assigned to this project.
Identify any subcontractors necessary to execute the project. Provi(le a profile ofgeneral information, background, and relevant experience for each subcontractor.Provide a letter of agreement or some other form of written commitment whichdemonstrates their willingness to undertake their portion of the project. Any teammember who is not a full time employee of the respondent shall be considered asubcontract6r.
3) References:
The respondent shall include references in each of the categories below that indicatetheir prior relevant work experience in the role as the rf,.O..t__r_d_,References providedshall be _ performance contracting projects with savings guaranteed.
_" Controls installations as a sole scope of work will not be accepted as a reference, norwill personal references. References shall be of the type and format described below:
a) Performance Contracting in Government Owned Public Buildings located inFlorida, Georgia, and/or Alabama - Ten (10) public buildings shall indicate completiondate of installation, services and equipment provided, energy savings performance,project cost, financing description, contract term, and benefits t0 the owner. Providethe owner's name, address, telephone number, and contact person for each reference.
b) Performance Contracting in Government Owned Public Buildings located inFlorida - Due to our anticipated scope of work and size of project, list five (5) publicbuilding references, located in the state of Florida, which totaled $2.OM or greater inproject cost. Five (5) public building references shall indicate completion date ofinstallation, services and equipment provided, energy savings performance, projectcost, financing description, contract term, and benefits to the owner. Provide theowners name, address, telephone number, and contact person for each reference.
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997--001770 BCCAug. 26, 1997 Page 25 of 63
D) Technical Approach:
1. Needs Analysis:
Based on previous experience, list energy conservation measures proposed on otherGovernment Owned Public Building projects.
2. Owner Training:
Provide detailed information on the training programs which will be provided to in-house maintenance personnel
3. Familiarity with Code Requirements:
Indicate your firm's understanding of applicable Florida codes and constructionpractices for this project.
4. Project Management:
Indicate your firm's approach to managing the project. Include a sample time line" illustrating necessary activities and schedules used in implementation of a past project.
Describe the various responsibilities, and coordination of your team members foreffective project management.
5. Savings Projections:
Indicate your firm's approach to projecting the energy savings associated with theproject. Describe the methodology, formulas, and reporting of energy savings.Describe the processes and tools used to effectively project energy savings
E. . Financial Approach
1 . Financing Source
Describe the sources and types of financing the respondent will use to implement thisproject. Indicate the prior use and experience with this method of financing andprovide letters of commitment from the financing entity.
2. Contract Term:
State the method that will be used to establish the contract term. Indicate any optionsavailable to the Owner.
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_Aug. _6) 1997 Oage _6 of 6319 7_oo177 Bcc
3. C_arantee Documents:
Provide a copy of the performance guarantee documents to be used for this project.Describe the reconciliation process of the guarantee.
4. Standards of Service and Comfort:
Descn'be the method and documentation of standards of service and comfort for
this project. Describe the contract language to agree upon baseline energy usecalculations, maintenance responsibilities, occupancy schedules, operationalsavings, changes in the utility rates,-and other responsibilities in the guaranteedenergy savings contract.
5. Savings Calculations and Monitoring:
Indicate your firm's approachto proving the energy savings associated with thisproject. Provide a copy of the energy savings calculation document which willbecome an attachment to the guaranteed energy savings contract. Describe themethodology, formulas, and monitoring of energy savings, Describe the processesand tools used to effectively monitor energy savings.
F. Other Benefits:
Describe any other benefits that Owner will realize through the guaranteed energy savingscontract.
G. Format Checklist:
1. Table of Contents
2. Executive Summary3. Firm Profile
4. Project Team5. References - Government Owned Public Building Performance Contracts located
in Southeast.6. References - Government Owned Public Building Performance Contracts located
in Florida.7. Needs Analysis Approach8. Owner Training9. Code Familiarity Documentation10. Project Management Approach11. Savings Projections Approach12. Financing Source13. Contract Term14. Guarantee Documents15. Standards of Service and Comfort16. Savings Calculations and Monitoring Approach17. Other Benefits
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1 997--00 1 770 BCCAu_. 26, 1997 Pa_e 27 of 63
ATTACHMENT D
Selection Criteria
A) Completeness:
Each response willbe reviewed prior to the selection process for completeness and adherence to theprescn'bed format. A response will be considered complete if all requested sections are included andin proper order.
B) Shortlisting:
Each complete response will be reviewed for the shortlist selection. Selected firms will be placedon the shortlist according to the quality and completeness of their responses. Responses that arenot shonlisted will receive no further consideration. The Owner reserves the right to shonlist anynumber of firms based solely on the merit of their responses.
1) Grading System:
" The executive summary of each response will be read to give an overview of theresponse. Then, each section of each response will be graded on apasrgfail basis.A passing grade shall be given if the section:
a. provides the requested information -b. demonstrates that the respondent has adequate capability and/or
experience, as evidenced by their command of the subject matter.
2) Ranldng:
The responses will be ranked according to the total number of sections whichreceive passing grades.
3) Shortlist Selection:
Based upon the number and quality of the responses, the shortlist will be selected.The Owner reserves the right to shortlist any number of responses based solely ontheir ranking. Responses that are not shortlisted will receive no furtherconsideration.
4) Notification:
After the shortlist selection, the Owner will notify each respondent on their status inthe selection process. Firms which make the shortlist will receive additionalinstructions about the schedule for oral interviews.
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1997--001770 BCCAug. 26, 1997 Page 28 of 63
C) Formal Evaluation of Shortlisted RLI Responses
1) Evaluation Process:
The Proposal Review Committee will formally evaluate each shortlisted response.The evaluation process will objectively grade the responses based upon their meritand completeness. Responses will be evaluated in light of the material andsubstantiating evidence presented in the response, and not on the basis of what isinferred. The evaluation process will include verification of references, verificationof project team resumes, confirmation of financial information, and may alsoinclude site visits or other information as directed by the Owner.
2) Grading Format:
Each section or subsection of the RLI response will be considered a separateselection criterion and will be graded individually. The Point Value for eachcriterion (ATTACHMENT E) shall be multiplied by the Percentage Grade(ATTACHMENT F) to give the criterion score. All scores will be summed to givethe Grand Total Score. The maximum possible Grand Total Score for the RLI
" response is 110 points.
3) Scoring Sample:
The "Firm Profile" criterion has a point value of 10 points. If respondent "A"addresses the topic well (the definition of the 80% grade), the 10 point value forthe criterion would be multiplied by 80°,6and Respondent "A" would receive ascore of 8.0 for the "Firm Profile" criterion.
Point Value Grade Score10 80% 8.0
D) Oral Interview:
After the formal evaluations, the Oral Interview will allow the Owner to address specific issueswith the shortlisted respondents. The answers will be evaluated by the proposal reviewcommittee.
E) Final Selection:
A recommendation by the proposal review committee will be made to the Board of CountyCommissioners but final selection is at the discretion of the Board,
F) Notification:
The Office of Purchasing will mall notifications.
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1997--00 1770 _CAug. 26, 1997 Pa_e 29 of 63
ATTACI_NT E
Point Values
Shortlisting Summary Form
Experience and Background 45 Total PointsCriterion Point Value
Firm Profile 10
Project Team 10
References 25
Technical Approach Criterion 30 Total PointsPoint Value
Needs Analysis Approach 10
Owner Tr_ning 5
Code Requirements 5
Project Management 5
Savings Projections 5
Financial Approach Criterion 25 Total PointsPoint Value
Financing Source 5
Contract Term 5
Guarantee Documents 5
Standards of Service and Comfort 5
Savings Calculations and Monitoring 5
Other Benefits 10 Total Points
GRAND TOTAL POSSIBLE 110 POINTS PossIBLE
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I 997--00 1770 BCCAug. _6_ 1997 Page 30 of 63
ATTACHMENT F
Point Values
Shortlisting Summary Form
Grade Description
0% Criterion was not addressed in the response or the material presented was totallywithout merit.
20% Criterion was addressed minimally and/or the response indicated littleunderstanding of the topic, lack of experience, or lack of capabilities.
40% Criterion was addressed minimally, but the response indicated some understandingof the topic, some experience, or some capabilities.
60% Criterion was addressed adequately and the response indicated a basic" understanding of the topic, basic experience, or basic capabilities.
80% Criterion was addressed well and the response indicated some superior features.
100% Criterion was addressed in a superior fashion and the response indicated excellentor outstanding capability.
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997--001770 BCCAug. 26, 1997 Page 31 of fi3
AGREEMENT BETWEEN ESCAMBIA COUNTY, FLORIDA ANDSOUTHERN DEVELOPMENT INVESTMENT GROUP, INC. AND CES/WAYINTERNATIONAL INC. FOR THE TECHNICAL ENERGY AUDIT OF THE
PENSACOLA CMC CENTER (PD 96-97.74)
THIS AGREEMENT is made and entered into this 5th day of December, 1997, by andbetween Escambia County, Florida, a political subdivision of the State of Florida, (hereinafter referredto as the "County"), and Southern Development Investment Group, Inc. and CES/Way International,Inc. a joint venture of for-profit corporations authorized to transact business in the State of Florida,whose federal identification numbers are 58-1646715 and 74-204062, their successors and assigns,
(hereinafter referred to as the "Contractor").
WITNESSETH:
NOW, THEREFORE, in consideration of the mutual terms and conditions, promises,
covenants and payments hereinafter set forth, the County and the Contractor agree as follows:
ARTICLE 1". DEFINITIONS AND UDENTIYICATIONS
For the purposes of this Agreement and the various covenants, conditions, terms, andprovisions which follow, the definitions and identifications set forth below are assumed to be true andcorrect and are therefore agreed upon by the Parties.
1.1 CONTRACT ADMINISTRATOR: Whenever the term Contract Administrator is used hereinit is intended to mean the County Administrator or designee. In the administration of thisAgreement, as contrasted with matters of policy, all Parties may rely upon instructions ordeterminations made by the Contract Administrator.
1.2 CONTRACTOR: Southern Development Investment Group, Inc. and CES/WayInternational, Inc. is the Contractor selected to perform the services pursuant to thisAgreement.
1.3 CONTRACTOR'S LICENSES: The Contractor possesse s all professional licenses from andwhich are currently in good standing with the State of Elorida required to perform the project.These licenses are attached as Exhibit A.
1.4 BOARD OF COUNTY COMMISSIONERS: The Board of County Commissioners ofEscambia County, Florida, which is the governing body of the Escambia County Government.
1.5 _: Escambia County, a body corporate and politic _md a political subdivision of theState of Florida.
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1_7--001770 Bt_CAug. 26, 1997 Page 32 of 63
1.6 P__K_QIg_C_:The Contractor will provide performance contracting services to the county for
a comprehensive energy analysis of the Pensacola Civic Center (hereina.Rer referred to as the"Civic Center") in order to determine the feasibility of the County entering into an EnergyManagement Services Agreement with the Contractor for the Civic Center.
1.7 NOTICE TO PROCEED: A written Notice to Proceed issued by the County.
ARTICLE 2
In order to establish the background, context, and flame of reference for this Agreement andto generally express the objectives and intentions of the respective Parties herein, the followingstatements, representations, and explanations shall be accepted as predicates for the undertakings andc0mmitments included within the provisions which follow and may be relied upon by the Parties asessential elements of the mutual considerations upon which this Agreement is based.
2.1 The County has budgeted funds, subject to the provisions of Article 5 herein, for this Projectwhich shall include in the Scope of Services the following: A Technical Energy Audit(investment grade audit) of the Civic Center identifying each energy conservation measureincluding energy costs and operating/maintenance savings therefrom.
2.2 The Board of County Commissioners has met the requirements of the ConsultantsCompetitive Negotiation Act, as contained in Section 287.055, Florida Statutes, and Section489.145, Florida Statutes for energy efficiency contracting. The Board has selected SouthernDevelopment Investment Group, Inc. and CES/Way, International, Inc. to perform theservices hereunder.
2.3 Negot!ations pertaining to the services to be performed by the. Contractor were undertakenbetween the Contractor and a committee selected by the Board of County Commissioners,
and this Agreement incorporates the results of such negotiation.
&KT.IC,Lg_SCOPE OF SERVICES
3.1 The Contractor shall perform an analysis and prepare a detailed Technical Energy AuditReport (hereinat%erreferred to as the "TEA Report") which specifically identifies the energyimprovements and operational-changes which are recommended to be installed orimplemented at the Civic Center.
3.2 The primary purpose of said TEA Report shall be to provide an engineering basis fornegotiating an Energy Management Services Agreement for the Civic Center between theCounty and the Contractor.
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1997--001-/70 i_rCAug. 26, 1997 9age 33 of 63
3.3 The TEA Report shall contain detailed projections of energy and cost savings to be obtainedby the Contractor as a result of the installation of the recommended energy conservationmeasures utility at the Civic Center and shall itemize all anticipated costs. It also shalldescribe the Contractor's plan for installing or implementing such measures at the CivicCenter.
3.4 The Contractor's services shall include the following tasks in performing the analysis for andthe preparing of the TEA Report:
(a) EVALUATING ENERGY USAGE AND FACILITY DATA. The Contractor shallthoroughly evaluate utility and fuel costs and consumption data in order to properlyevaluate the economics of specific measures and to formulate an accurate energy andutility baseline.
(b) PREPARING INVENTORY OF EXISTING SYSTEMS AND EOUIPMENT. TheContractor shall compile an inventory based on a physical inspection of the majorelectrical and mechanical systems at the Civic Center facility including:
(1) Cooling systems and related equipment;(2) Heating and heat distribution systems;(3) Automatic temperature control systems and equipment;(4) Air distribution systems and equipment;(5) Outdoor'ventilation systems and equipment;(6) Exhaust systems and equipment;(7) Water and sewer systems;(8) Electric motors, transmissions, and drive systems;(9) Interior and exterior lighting.
and containing the following data:
(10) The actual loads, proper sizing operating efficiency, and hours of operationfor each system;
(11) Current operating conditions for each system;(12) Remaining useful life of each system;(13) An evaluation of feasible replacement systems.
The Contractor shall also conduct interviews with the Civic Center's operation andmaintenance staff regarding the County's mechanical systems operation, occupancy
patterns, and problems with comfort levels or equipment reliability.
(c) DEVELOPING A COMPREHENSIVE LIST OF POTENTIAL ENERGYCONSERVATION MEASURES (ECMs). This list shall contain the following:
1997--001770 BCCAug. 26, 1997 Page 34 of 63
(1) Potential ECMs for installation or implementation at the facility;(2) Estimate of the costs, savings, and life expectancy of each proposed ECM;(3) County operations and maintenance procedures which will be affected by the
installation/implementation of the proposed ECMs.
(d) SELECTING FINAL RECOMMENDED ECMs: The Contractor shall, inconsultation with the County, recommend specific ECMs for installation andimplementation at the Civic Center facility.
(e) ESTIMATING PROJECT COSTS. The Contractor shall provide detailed estimatesof all costs and energy savings associated with the Project including:
(1) Engineering/design costs;(2) Contractor/vendor estimates for ECMs (labor, materials, equipment);(3) Construction management;(4) Maintenance/monitoring services;(5) Commissioning;(6) Training.
3.5 THE COMPLETED TEA REPORT.
(a) The completed TEA Report shall include for evaluation by the County a projectedcash flow analysis (in a spreadsheet format) disclosing the following information:
(l) Estimated cost of each recommended ECM;(2) Projected annual energy unit savings by fuel type (including KW);(3) Projected annual energy dollar savings;
. (4) Projected annual savings guaiantee;(5) County annual service fees for maintenance and monitoring;(6). Projected annual maintenance and operational savings;(7) Estimated annual debt service;(8) Cumulative cash flows;(9) Cumulative NPV of cash flows.
(b) Disclosure of all financial assumptions for said TEA Report shall include:
(1) . Total financed project costs;(2) Proposed finance term (not to exceed 10 years);(3) Interest rate on project financing;(4) Interest rate for construction financing;(5) Discount rate used, cost of insurance, and fees for bond counsel and other
related financial advisors;
(6) Utility rates used for each fuel type;
1997--001"7";0 BC_Aug. 26, 1997 Page 35 of 63
(7) Projected annual escalation rates for each fuel type;(8) Projected annual escalation rate for County services.
The TEA Report shall identify all technically and economically sound energy conservationmeasures (ECMs) with a return on investment (ROI) equal to or greater than one, as well as anyECMs with a R01 less than one, which the Contractor may recommend or the County may specify.
3.6 The TEA Report shall include all technical assumptions, supporting data, and calculationsused to produce energy and cost savings data as well as the results of the life cycle costanalysis. All energy and cost savings to be measured and/or stipulated shall be identifiedalong with specific measurement and verification procedures. All maintenance andoperational cost savings shall also be thoroughly documented for review and approval by theCounty.
ARTICLE 4TIME FOR PERFORMANCE
4.1 The Contractor shall deliver to the County within 90 days atter commencement a completedTEA Report.
4.2 Prior to beginning the performance of any services under this Agreement, the Contractor mustreceive a written Notice to Proceed from the County.
4.3 Neither Party shall be obligated to perform hereunder and neither shall be deemed to be indefault if performance is prevented by fire, earthquake, flood, act of God, riot, civilcommotion, or other matter or condition of like nature or any law, ordinance, role,regulation, or order of any public or military authority stemming from the existence ofeconomic controls, riot, hostilities, war, or governmental law regulations.
ARTICLE 5_OMPENSATION
5.1 Upon the completion of a TEA Report which demonstrates the cost effectiveness and savingsto the County from the proposed energy conservation measures to be implemented at theCivic Center, an audit fee in a lump sum amount of thirty thousand two hundred twenty fivedollars ($30,225.00) shall become payable to the Contr_tctor by the County, subject to theprovisions in Section 5.3 herein, for the performance of the energy analysis of the CivicCenter; however, the Parties understand and agree that said fee shall thereafter be includedin the overall financing costs of the County's Energy Management Services Agreement withthe Contractor and will be reimbursed to the Contractor over the lifetime of that agreement.This amount shall include all fees, costs, expenses, interest, and profit for the audit services
performed by the Contractor.
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0997--00 1 770 BCCAug. 26, 1997 Page 3G of G3
5.2 Should the County elect to terminate this Agreement for any reason relating to convenienceprior to completion of the TEA Report, the Contractor shall be paid a prorated amount basedupon the fee set out in Section 5.1 for services performed by it up to the date of the receiptof written notice of termination from the County. Termination for any reason relating toconvenience by the County aRer completion of the TEA Report shall obligate the County forpayment of the entire lump sum fee set out in Section 5.1. The Contractor understands andagrees that there shall be no additional termination penalty fee or other costs assessed againstthe County for its failure to proceed with the Project.
5.3 If at any time during the energy analysis of the Civic Center, it is recognized by theContractor that for time, cost, or other business reasons, the economics of the Project do notjustify the Contractor's continued expenditure of its funds to complete the TEA Report orupon the Report's completion to further proceed with the work, the Contractor will notifythe County in writing of its intent to terminate this Agi'eement. Under such circumstances,the County shall not be liable for any costs or expenses incurred by the Contractor.
5.4 Upon payment of the compensation set out in Sections 5.1 or 5.2 above, any draft orcompleted drawings, specifications, designs, models, photographs, reports, surveys, and otherdata developed in connection with this Agreement are and shall remain the property of theCounty. All such documents, including such TEA Report, shall be available for the use andbenefit of the County as set out in Sections 8.1 and 8.2 herein.
ARTICLE 6ADDITIONAL SERVICES AND CHANGES IN SCOPE OF WORK
6.1 The County or the Contractor may request changes that would increase, decrease, orotherwise modify the Scope of Services to be provided under this Agreement. Such changesmust be inaccordance with the procurement policies of the County and must be contained ina written amendment, executed by the parties thereto, with the same formality and of equaldignity prior to any deviation from the terms of this Agreement, including the initiation of anyextra work.
ARTICLE 7
COUNTY'S RESPONSIBILITIES .
7.1 The County shall assist the Contractor by placing at its disposal all available informationpertinentto the Project including previous reports and any other data relative to the design_construction, or operation of the Civic Center.
7.:2 The County shall furnish to the Contractor, as required for performance of the Contractor'sbasic services, previously completed data prepared by of others, including where applicablelaboratory tests and inspections of samples, materials, and equipment; appropriateprofessional interpretations of the foregoing; environmental assessment and impact
1997--OO1770 BCCAug. 26, t997 Page 37 of 63
statements; utility surveys, and other special energy-related data or consultations.
7.3 The County shnll arrange for access to and make all provisions for the Contractor to enter theCivic Center as required for the Contractor to perform its services.
7.4 The County may examine all studies, reports, sketches, drawings, specifications, proposalsand other documents prepared by the Contractor relating to the TEA Report, and may at theCounty's expense thereafter obtain the advice of an engineer, attorney, insurance counselor,and other consultants as the County deems appropriate for such examination and therendering of written decisions pertaining thereto within a reasonable time so as not to delaythe payment for the services of the Contractor.
7.5 The County shall give prompt written notice to the Contractor whenever the County observesor otherwise becomes aware of any development that affects the scope of timing of theContractor's services, or any defect in the work of the Contractor(s).
ARTICLESMISCELLANEOUS
8.1 OWNERSHIP OF DOCUMENTS: Drawings, specifications, designs, models, photographs,reports, surveys, and other data provided in connection with this Agreement are and shallremain the property of the County whether the Project for which they are made is executedor not and shall include the right of unrestricted use of such documents for any purposethereaiter. Provided, however, the Contractor may retain copies of the referenced documentsfor its own uses.
8.2 TERMINATION: This Agreement may be terminated by either Party as set out in Article 5upon .14 days prior written notice by the terminating Party to the other Party of suchtermination. All finished or unfinished documents, data, studies surveys, drawings, maps,models, photographs and reports prepared by the Contractor shall be immediately delivered .by the Contractor to the County pursuant to Section 8.1 above.
8.3
(a) The Contractor shall keep such records and accounts and require any and allconsultants and subcontractors to keep such records and accounts as may benecessary in order to record complete and correct entries relating to theProject. Such books and records will be available at all reasonable times forexamination and audit by the County and shall be kept for a period of three(3) years after the completion of all work to be performed pursuant to thisAgreement. Incomplete or incorrect entries in such books and records will begrounds for disallowance by the County of any fees based upon such entries.
7
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(b) If the Contractor refuses to allow public access to all documents, papers,letters, or other material subject to the provisions of Chapter 119, FloridaStatutes, made or received by the Contractor in conjunction with thisAgreement , then the County may, without prejudice to any right or remedyand after giving the Contractor and his surety, if any, seven (7) days writtennotice, during which period Contractor still fails to allow access, terminate theemployment of the Contractor. In such case, the Contractor shall not beentitled to receive any further payment until the Project is finished nor shall.it be relieved from its obligations assumed under Article 3. Reasonableterminal expenses incurred by the County may be deducted from anypayments let_ owing the Contractor (excluding monies owed the Contractorfor subcontractor work).
8.4 EMPLQYMENT OF KEY EMPLOYEES AND SUBCONTRACTORS:
(a) A significant factor in the decision of the County to award this Agreement tothe Contractor is the level of expertise, knowledge, and experience possessedby employees of the Contractor (particularly the Key Employees), and theContractor's covenant to have employees possessing such expertise,knowledge, and experience available at all times to assist in the provision ofthe services set out herein. Throughout the term of tliis Agreement, theContractor shall employ such individuals hereinafter known as Key Employeeshaving significant training, expertise, and experience in the areas or disciplinesrequired under in Article 3 together with such other areas of expertise orexperience as may be designated from time to time during the term of thisAgreement by the County. Should the County designate an additional area forwhich expertise or experience shall be required for the Project, the Contractorshalluse reasonable efforts to promptly hire and retain one or more individualspossessing such experience or expertise.
Co) As a condition precedent to the County's issuance of the Notice to Proceedfor this Project, the Contractor.agrees that it shall provide to the Countyresumes of said .Key Employees with respect to the performance of theservices under this Agreement. The identity of these individuals assigned tosuch positions by the Contractor shall be submitted to the County for approvalor disapproval in writing by the County, and any changes in the individualsshall also be subject to written approval by the County. The County'sapproval with respect to Key Employees may be granted or denied in theCounty's sole and absolute discretion, but such approval shall not beunreasonably withheld. The individuals, who are considered Key Employees,shall be committed exclusively to performing services for the Project to theextent indicated.
8
177 o BCC199-1--00 39 of 63A_g- _6, 1997 page
(c) In the event the Contractor, during the course of the work under thisAgreement, requires the services of any subcontractors or other professionalassociates in connection with services covered by this Agreement, theContractor must secure prior written approval of the County.
(d) The Contractor understands and agrees that work performed while inviolation of any of provisions of this Section shall not be reimbursable tOit.
8.5 ASSIGNMENT: This Agreement, orany interest herein, shall not be assigned, transferred,or otherwise encumbered under any circumstances by the Contractor, without the priorwritten consent of the County. However, the Agreement shall run with the CountyGovernment and its successors.
8.6 HOLD HARMLESS AND INDEMNIFICATION OF.COUNTY:
(a) I:LQ_: The Contractor shall hold harmless the County, its subsidiariesor affiliates, elected and appointed officials, employees, volunteers from any and allclaims, suits, actions, damages, penalties, interest, liability and expenses in connectionwith the loss of life, bodily or personal injury, property damage, including loss of usethereof, caused by, resulting from, arising out of or occurring in connection with theContractor's negligent performance of this Agreement. The Contractor's obligationshallnot be limited by, or in any way to, any insurance coverage or by any provisionin or exclusion or omission from any policy of insurance.
(b) INDEMNIFICATION: The Contractor agrees to pay on behalf of the County, aswell as provide a legal defense for the County, both of which will be done only if andwhen requested by the County, for all claims as described in the Hold Harmlessparagraph. Such payment on the behalf of the County shall be in addition to any andall other legal remedies available to the County and shall not be considered to be theCounty's exclusive remedy.
8.7 INSURANCE: The Contractor shall have the following policies &insurance in force duringthe term of the contract:
(a) WORKERS' COMPENSATION: The Contractor shall have Florida StatutoryWorkers' Compensation and Employers' Liability, whether required by law or not,with limits of $500,000. each person/accident, $500,000 each person/disease and$500,000 aggregate limits.
Co) GENERAL LIABILITY: Commercial General Liability with minimum combinedsingle limits of $2,000,000, including coverage parts of bodily injury, broad formproperty damage, personal injury, blanket contractual liability, independentcontractors, and products and completed operations.
974001770 BCCAug. 26, 1997 Page 40 of 63
(c) AUTOMOBILE LIABILITY: Automobile Liability with minimum combined singlelimits of $500,000, covering hired, owned, and non-owned vehicles.
(d) PROFESSIONAL LIABILITY: Professional Liability with minimum limits of$500,000 including errors and omissions.
(e) Q__0,JYt_: Unless otherwise approved in writing by the County RiskManager, all carriers shall be admitted to business in the state of Florida and shallcarry an "A" rating with a minimum financial size category of"VliI," according to theA.M. Best Key Rating Guide, latest edition. All liability policies shall be underwrittenon the "occurrence" basis, except for professional liability policies. All public liabilitypolicies shall provide for the Board of County Commissioners, Post Office Box 1591,Pensacola, Florida 32597, to be an additional insured, except professional liability, E& O and workers' compensation. Certificate of insurance sha/l reflect the Board ofCounty Commissioners as certificate holder and provide for a minimum 30 days noticeof cancellation, expiration, non-renewal, or any material change in coverages or limits.Certificates shall be provided prior to commencement of work to: Joseph F. Pillitary,Jr., Purchasing Manager, Post Office Box 1591, Pensacola, Florida 32597-1591.Certificates which do not reflect the appropriate insurance shall be returned to theContractor for coverage updating prior tO commencement of work.
(f) COVERAGE AGGREGATE LIMITS: In the event of a reduction in the aggregatelimits of any policy, the Contractor shall immediately take steps to reinstate theaggregate limits to satisfy the requirements of this Agreement. If requested by theCounty, the Contractor shall provide a certified, true copy of policies or coverage andall endorsements. The certificate of insurance does not relieve the Contractor of
responsibility for notifying the County of any change in carrier, policy limits,conditions of coverage, etc. within 24 hours of receiving that notice. Any such noticeshall be provided to: Joseph F. Pillitary, Jr., Purchasing Manager, 223 Palafox Place,Post Office Box 1591, Pensacola, Florida 32597-1591.
(g) NO WAIVER: Acceptance by the County of any certificate of insurance for thisProject evidencing the insurance coverages ar/d limits required in this Agreement doesnot constitute approval or agreement by the County that the insurance requirementshave been met or that the insurance policies shown on the certificates of insurance arein compliance with the requirements of this Agreement.
(h) NO RECOURSE ON PREMIUMS: Insurers and companies issuing an insurancepolicy, or policies to the Contractor shall have no recourse against the County forpayment of premiums or payment of assessments for any deductibles. These termsand amounts are the sole responsibility, cost, expense, and risk of the Contractor.
(i) NO SELF-INSURANCE RESTR/CTION: All insurance coverages of the Contractor
10
1_9 7--00 1 770 BCCAug. 26, 1997 Page 41 of 63
shall be primary to any insurance or self-insurance program carried by the County andapplicable to this Project. The Contractor shall notify its carriers that the policyclause "Other Insurance" shall not apply to any insurance coverage currently held bythe County, nor to any such future coverage, or to the County's Self-InsuredRetentions of whatever nature. The County's insurance resources shall not bedeemed a duplication for coverage purposes hereof The Contractor agrees to payany amounts claimed payable by its insurance carrier, insurer or insurance companieson account of the "Other Insurance" policy limitations or restrictions clause.
8.9 REPRESENTATIVE OF COUNTY AND THE CONTRACTOR;
(a) It is recognized that questions in the day-to-day conduct of the Project will arise. TheContract Administrator upon request by the Contractor shall designate in writing andshall advise the Contractor in writing, of one (1) or more County employees to whomall communications pertaining to the day-to-day conduct of the Project shall beaddressed.
(b) The Contractor shall inform the Contract Administrator in writing of therepresentative of the Contractor to whom matters involving the conduct of the Projectshall be addressed.
8.10 _: If the County incurs any expense in enforcing the terms of thisAgreement, all such costs and expenses including, but not limited to court costs, interest, andreasonable attorneys' fees shall be paid by the Contractor to the County.
8.11 ALL PRIOR AGREEMENTS SUPERSEDED:
(a) This document incorporates and includes all prior negotiations, correspondence,conversations, agreements, or understandings applicable to the matters containedherein and the parties agree that there are no commitments, agreements, orunderstandings concerning the subject matter of this Agreement that are not containedin this document. Accordingly, it is agreed that no deviation from the terms hereofshall be predicated upon any prior representations or agreements whether oral orwritten.
(b) It is further agreed that no modification, amendment or alteration in the terms orconditions contained herein shall be effective unless contained in a written document
executed with the same formality and of equal dignity herewith.
8.12 NOTICES: Whenever either Party desires to give notice unto the other, it must be given bywritten notice, sent by registered United States mail, with return receipt requested, addressedto the Party for whom it is intended, at the place last specified, and the place for giving ofnotice shall remain such until it shall have been changed by written notice in compliance with
11
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97--001 770 _C6Aug. P6, 1997 Page _, of £3
the provisions of this paragraph. The Parties designate the following addresses as the
respective places for giving of notice:
TO THE CONTRACTOR
County Administrator CES/Way International, Inc.
223 South Palafox Place, Room 300 5300 Ashbrook ParkwayPost Office Box 1591 Houston, TX 77081
Pensacola, FL 32597 ATTN: Michael D Leach, President
Southern Development and Investment Group,Inc.
333 Piedmont Avenue
Atlanta, GA 30308ATTN': Joseph M Berg, Program Manager
8.13 TRUTH-IN-NEGOTIATION CERTIFICATE: Signature of this Agreement by theContractor shall act as the execution of a truth-in-negotiation certificate stating that fee rates
and other factual unit costs supporting the compensation of this Agreement are accurate,
complete, and current at the time of contracting. The original contract price shall be adjusted
to exclude any significant sums by which the County determines the contract price was
increased due to inaccurate or incomplete factual unit costs. All such contract adjustments
shall be made within one (1) year following the end of this Agreement.
8.14 _: The Agreement shall be interpreted under and its performance
governed by the laws of the State of Florida. The Parties agree that any action relating to thiscontract shall be instituted and prosecuted in the courts of Escambia County, Florida, and
therefore, each Party to this Agreement hereby waives the right to any change of venue.
8.15 NO WAIVER: The failure of the County to enforce at any time or for any period of time any
one or more of the provisions of the Agreement shall not be construed to be and shall not be
a waiver of any such provision or provisions or of its right thereafter to enforce each and
every such provision.
8.16 _tF,,3_d_K_tl,_Ir_: Should any provision of the Agreement be determined by a court to beunenforceable, such a determination shall not affect the validity or enforceability of any other
section or part thereof.
12
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_9c_/--00 i 770 BCL
Aug. 26, 1997 Page 43 of 63
IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement on the
respective dates under each signature: Escambia County, Florida, through its Board of County
Commissioners signing by its County Administrator, authorized to execute this Agreement, and
Southern Development Investment Group, Inc. and CES/Way International, Inc. signing by and
through their Presidents duly authorized to execute same•
COUNTY:
Escambia County, Florida, a political subdivision of the
State/xeF_lorida acting by and through its duly authorized
BFhrd_/County C o?is_'r_
Barry R.__)Jans, County Administrator
By: Date" ] .2.. _ L_"_ "- _7Witness t/"
............"_;._... CONTRACTORS:
:.. '." .:_ :, ,;,_,'-%, Southern Development Investment Group, Inc.
• , V: t .... President,_ .z' : /e_-_'Corporate S_cretary
: t) (CORPORATE SEAL) Date: /oq/r/q")
._)o - • -,
_d, ' . , [
"i:: f ') : LC '
" .... CES/Way Inte_tional, Inc.
.'";_, "r,," d_-_'
::_Y: ':': ,_: _:; v By:. President
t_x_' _oraie':g_cret ary
(COK_I_E _) Date" I "b ] _ J_' "7
;-.: "L.,,C...=-!!:i
13
1 997--00 1 9"70
Aug. 26, 1997 Page 45 of CLEIK'S ORIGIN
Revised: July 11, 1997 I_ L 7_contract Number;
CFDA Number:
GRANT AGREEMENT
THIS AGREEMENTis enteredintobyand'betweenthe State of Florida, Departmentof Community
Affairs,with headquartersin Tallahessee,Florida(hereinafterreferredto as the "Department*'),andthe
Boardof CountyCommissioners,EscambiaCounty,Florida(hereinafterreferredto as the "Recipient"),
THIS AGREEMENTIS ENTERED INTO BASEDON THE FOLLOWING FACTS:
A. WHEREAS, the Recipientrepresentsthat itis fullyqualified,possessesthe requisitesldlls,
knowledge,qualificationsandexperienceto providethe servicesidentifiedherein,and doesoffer to perform
suchservices,and
B. WHEREAS,the Departmenthas a need forsuchse_ces anddoes herebyacceptthe offerof
the Recipientuponthe termsand cond_ons hereina_erset forth,and
C. WHEREAS, the Departmenthasauthoritypursuantto Florida lawto disbursethe funds
underthisAgreement.
NOW, THEREFORE, theDepartmentand the Recipientdo mutually agree as follows:
(1) SCOPE OF WORK.
The Recipientshallfully performthe obligaitonsin accordancewiththe BudgetandScope
of Work,AttachmentA of thisAgreement.
(2) INCORPORATIONOF LAWS. RULES.REGULATIONSAND POLICIES.
Boththe Recipientand the Departmentshall begovernedbyapplicableState andFederal
laws, rulesand regulations,includingbut notlimitedto thoseidentifiedin AttachmentB.
(3) O E .
This Agreementshallbeginuponexecutionbyboth panes or September1, 1997,
whicheverislater,andshallendDecember 30, 1999, unlessterminatedearlierin accordancewiththe
provisionsof paragraph(9) of thisAgreement.
ql I ,,_
J97--001770 BCCAug. 26, 1997 Page 46 of 63
(4) MODIFICATIONOF CONTRACT: REPAYMENTS
Eitherpartymayrequestmodification of the provisionsof thisAgreemenL Changeswhich
are mutuallyagreeduponshallbe validonlywhen reducedtowriting,dulysignedbyeachof the parties
hereto,andattachedto the originalof thisAgreement.
All refundsor repaymentsto be madeto the Departmentunderthis Agreementare tobe
made payableto the orderof "Departmentof CommunityAffairs',andmailed directlytothe Departmentat
the followingaddress:
Departmentof CommunityAffairsCashier
Finance andAccounting2555 Shumard OakBoulevardTallahassee FL 32399-2100
(5) RECORDKEEPING
(a) If applicable, Recipient's performance under this Agreement shell be subject to the
federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53
Federal Register 8034) or OMBCircular No. A-110, "Grants andAgreements.with InsUtutionsof High
Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost
Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational
Institutions,"or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement is
made with a commercial(for-profit) organization on a cast'reimbursement basis, the Recipientshall be
subject to FederalAcquisifion Regulations 31.2 and 9312.
(b) Alladginalrecordspertinentto thisAgreementshall be retained by the Recipientfor
threeyearsfollowingthe date of terminationof this Agreement or ofsubmissionof the final close-outreport,
whicheverislater,with the followingexcepfions:
1. If any litigation,claim or auditis startedbeforethe expirationof the three year
pedodand extendsbeyondthe t_ree year pedod,the recordswill bemaintainedunfilall lilJgafion,claimsor
auditfindingsinvolvingthe recordshavebeen resolved.
2. Recordsforthe disposiUonof n0n-expendablepersonalpropertyvaluedat
$5,000 or more at the time of acquisitionshall be retainedfor three years after final disposition.
2
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1 _::J7--00 1 7"70 BEE
Aug. 26_ 1997 Page 4.7 of 63
3. Recordsrelatingto real propertyacquisitionshallbe retainedforthreeyears
afterclosingof _tle.
(c) All records,includingsupportingdocumenta_onof all programcosts,shallbe sufficient
to determinecompliancewiththe requirementsand object_esofthe Budgetand Scopeof Work -
AttachmentA - and all other applicablelaws andregulations.
(d) The Recipient,itsemployeesor agents,includingall subcontractorsor consultantsto
be paidfrom fundsprovidedunderthisAgreement,shallallowaccessto itsrecordsat reasonabletimes to
theDepartment,itsemployees,andagents. "Reasonable"shall be construedaccordingto the
circumstancesbutordinarilyshallmean duringnormalbusinesshoursof 8:00 a.m. to 5:00 p.m., localtime,
on Mondaythrough Friday. "Agents"shall include,but notbe limitedto, auditors retained by the
Department.
(e) Any additional terms and conditionspertaining to recordkeeping are set forth in
Attachment C and all terms and conditionspertainingto propertymanagement and procurement under this
Agreement are set forth in Attachment H.
(6)
(a) At a minimum,the RecipientshallprovidetheDepartment withquarterlyreports,and
with a close-outreport.
(b) Quarterlyreportsare due to be receivedbythe Department no later than30 daysafter
the end of eachquarterof the programyear andshall continueto be submittedeach quarteruntil
submissionofthe administrativeclose-outreport. The endingdates'foreach quarter of the programyear
are March30, June 30, September 30 andDecember31.
(c) The close-outreportis due 60 daysafter terminationof this Agreementor upon
completionofthe activitiescontaine{Jin thisAgreement.
(d) If all requiredreportsandcopies,prescribedabove,are not sentto the Departmentor
are not completedina manner acceptableto the Department,the Department maywithholdt'urther
paymentsuntilthey are completedor may take suchotheractionas set forth in paragraph(9). The
Departmentmay terminatethe Agreement witha Recipientif reportsare not receivedwithin30 daysafter
3
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1_97--00 1 "170 BCCAug. 26, 1997 Page 48 of 63
writtennoticebythe Department. "Acceptableto the Department"moansthat the work productwas
completedInaccordancewithgenerallyacceptedprinciplesandis consistentwiththe BudgetandScope of
Work.
(e) Upon reasonablenotice,the Recipientshallprovidesuchadditionalprogramupdates
orinformationas may be requiredbythe Department.
(f) The Recipientshallprovideadditionalreportsand informationas identifiedin
ARachmentD.
(7) MONITORING.
The Recipientshallconstantlymonitoritsperformanceunder thisAgreementto ensure
that time schedulesare beingmet, the BudgetandScopeof Work is beingaccomplishedwithinspecified
time pedods,and otherperformancegoals are beingachieved. Such reviewshall bemade for each
functionoractivityset forthinAttachmentA to thisAgreement
(8)_.
(a) Exceptas otherw_eprovidedinsubparagraph(b) below,the RecipientshallbeSolely
responsibleto partieswithwhomitshalldeal incarryingoutthe terms of thisagreement,andshallsavethe
Departmentharmlessagainstall claimsofwhatevernaturebythird partiesarisingoutof the performance
ofworkunderthis agreement For purposesof this agreement,Recipientagreesthat it is notan employee
oragent of the Department,but is an independentcontractor.
(b) AnyRecipientwhois a stateagencyor subdivision,as definedInSection768.26, Fla.
Stat.,agreesto be fullyresponsiblefor itsnegligentactsoromissionsorto_ous actswhichresultin claims
or suitsagainstthe Department,and agreesto be liableforanydamages proximatelycausedbysaid acts
oromissions.Nothinghereinisintendedto serveas a waiverof sovereignimmunitybyanyRecipientto
whichsovereignimmunityapplies. Nothinghereinshallbe construedas consentbya stateagencyor
subdMsionof the Stateof Floridato besued bythird partiesinany matterarising out of anycontract.
(9'_DEFAULT:REMEDIES:TERMINATION.
(a) If the necessaryfundsare notavailableto fund thisagreementas a resultof action
bythe Legislature,the Office of the Comptrolleror the Officeof ManagementandBudgeting,orif anyof the
4
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1997--001770 BCCAug. L--_ 1997 Page 49 of 63
followingeventsoccur ("Eventsof Defaulr_, all obtigstJonson the part of the Departmentto make any
furtherpaymentof fundshereundershall,if the Departmentsoelects, terminateand theDepartmentmay,
at itsoption,exerciseanyof itsremediesset forthherein,but the Departmentmay make anypaymentsor
partsof paymentsafterthe happeningof any Eventsof Defaultwithoutthereby waMng the rightto exercise
suchremedies,andwithoutbecomingliableto make anyfurtherpayment;
1. If anywarrantyorrepresentationmade by the RecipientinthisAgreementor
any previousAgreementwiththe Departmentshallat anytime be falseor misleadinginany respect,orif
the Recipientshallfailto keep,observeorperformanyof the terms or covenantscontainedin this
Agreementor anypreviousagreementwiththe Departmentand hasnot curedsuch intimelyfashion,or is
unableor unwillingto meet _ obligationsthereunder;
2. If anymaterialadversechangeshalloccurin the financialcond_onof the
Recipientat any_meduringthe term of thisAgreement fromthe financial conditionrevealedin anyreports
filed or to be filedwith the DepadJ'nent,and the Recipientfailsto curesaid matar_aladversechangewithin
thirty(30) days from the time the date writtennoticeissent bythe Department."
3. If anyreportsrequiredbythis ,Agreementhavenot beensubmittedtothe
Departmentor havebeen subm?ttedwithincorrect,incompleteor insu_cient information;
4. If the Recipienthas failedto performandcomplete in tim;_,lyfashionanyofthe
servicesrequiredunderthe BudgetandScopeof Work attachedheretoas AttachmentA.
(b) Uponthe happeningof an Eventof Default,then the Departmentmay,
at itsoption,upon writtenno_ceto the Recipientand upon the Recipients failure to fJmelycure,exerd,_e
any one ormore of the followingremedies,eitherconcurrentlyorconsecutively,and the pursuitof anyone
of the followingremediesshallnot precludethe Departmentfrompursuinganyother remediescontained
hereinor otherwiseprovidedat law orin equity:.
1. TerminatethisAgreement, providedthat the Recipientis givenat leastthirly
(30) dayspriorwrittannoticeof suchtermination.The noticeshallbe effectivewhen placedin the United
Statesmail,firstclassmail,postageprepaid,byregisteredorce_fied mail-returnrece!ptrequested,to the
addressset forthinparagraph(10) herein;
5
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1997--001770 BCI;Aug. 26, 1997 Page 50 of 63
2. Commencean appropriatelegalor equitableactionto enforceperformanceof
thisAgreement;,
3. Wdhholdorsuspendpaymentof all or anypart of a request forpayment;
4. Exerciseany correctiveor remedial acfions,to includebutnot be limitedto,
requestingadd_onal informationfrom the Recipientto determinethe reasonsfor or the extentof non-
complianceor lack of performance,issuinga writtenwarningto advisethat more sedousmeasuresmay be
taken if the situationisnotcorrected,advisingthe Recipientto suspend,discontinueor refrainfromincurring
costsfor anyact_ties in questionor requiringthe Recipientto reimbursethe Departmentfor the amountof
costsincurredforany itemsdeterminedto be ineligible;
5. Exerdse anyether rightsor remedieswhichmay be otherwiseavailableunder
law;,
(c) The DepartmentmayterminatethisAgreementfor cause uponsuchwrittennoticeas
is reasonableunderthe circumstances.Cause shallinclude,butnotbe limitedto, misuseoffunds;fraud;
lackof compliancewithapplicablerules,lawsandregulalJons;failureto perform in a timelymanner;and
refusalbythe Recipientto permitpublicaccesstoany document,paper, letter,or othermaterialsubjectto
disclosureunderChapter119, Fla. Stat., as amended.
(d) Suspensionorterminationcons_tutesfinal agencyactionunderChapter120, Fla.
Stat.,as amended. Nofificationof suspensionorterminationshallIncludenofice of administrativehearing
rightsand timeframes.
(e) The Recipientshallreturnfundsto the Departmentif foundin non-compliancewith
laws, rules,regulationsgoverningthe use of the fundsor this Agreement.
(0 This Agreementmay beterminatedbythe writtenmutual consentofthe pares.
(g) Notwithstandingthe above,the Recipientshall not be relievedof liabilityto the
Departmentbyvirtueof any breachof Agreement bythe Recipient.The Departmentmay,tothe extent
authorizedby law,withholdanypaymentsto the Recipientfor purposeof set-offuntilsuchtime asthe exact
amountof damagesduethe Departmentfromthe Recipientisdetermined.
(10) _.
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1997--OO1770 BCCAug. 26, 1997 Page 51 of 63
(a) Allnoficesprovidedunderorpursuantto thisAgreementshall be inwri'dng,eitherby
handdelivery,or firstclass,certifiedmail, returnreceiptrequested,to the representativeidentifiedbelowat
the addressset forthbelowand saidnofificafionattachedto the originalof this Agreement.
(b) The name andaddressof the Departmentcontractmanager forthisAgreementis:
Ms.PatriciaPatrick2555 ShumardOak Boulevard
Tallahassee, Florida32399-2100
(c) The name andaddressof the Representativeofthe Recipientresponsiblefor the
administrationof thisAgreement is:
RandyW_lkersonNeighborhoodEnterpriseFoundation
P.O. Box8178Pensacola,Florida32505
(d) Inthe event that differentrepresenta_esor addressesare designatedbyeitherparty
afterexecutionofthisAgreement,noticeof the name, titleandaddressof the new representative
willbe renderedas providedin(10)(a) above.
(11)
(a) The validityof thisAgreement is subjectto the truth and accuracyof all the information,
representations,and materialssubmittedor providedby the Recipientin_is Agreement, in anysubsequent
submissionorresponseto Departmentrequest,or in anysubmissionor responseto fulfillthe requirements
ofthis Agreement,andsuchinformation,representafions,and materialsare incorporatedbyreference.
The lack of accuracythereof or anymaterialchangesshall,at the optionof the Departmentandwiththirty
(30) dayswrittennoticeto the Recipient,causethe terminafionof thisAgreementand the releaseof the
Departmentfrom all itsobligationsto the Recipient.
(b) ThisAgreementshall be construedunderthe lawsof the State of Florida,andvenue
forany actionsarisingout of thisAgreementshall lie inLeon County. If any provisionhereof is in conflict
withany applicablestatuteor rule,or is other,viseunenforceable,then suchprovisionshall bedeemednull
7
' Aug. 26, 1997 Page 52 of 63
and voidtothe extentof suchconflict,andshall bedeemedseverable,butshallnot invaIidataany other
provisionof thisAgreemenL
(c) No waiverbythe Departmentof any dghtor remedygrantedhereunderor failureto
insistonstrictperformancebythe Recipientshallaffect or extendoract as a waiverof anyother rightor
remedyof the Departmenthereunder,or affect the subsequentexerciseof the same dghtor remedybythe
Departmentfor anyfurtheror subsequentdefaultbythe Recipient Any powerof approvalor disapproval
grantedto the Departmentunderthe terms of thisAgreementshallsurvivethe terms andlife of this
Agreementasa whole.
(d) The Agreementmay be executedin anynumberof counterparts,anyone of which
may be taken as an original.
(e) The Recipientagreesto complywiththeAmericansW'_hDisabilitiesAct (Public
Law 101-336, 42 U.S.C. Section12101 et sea._,if applicable,whichprohibitsdiscriminationbypublicand
privateentitieson the basisof disabilityin the areas of employment,publicaccommodations,transportation,
Stateand localgovernmentservices,and in telecommunications.
(t") A personor affiliatewho hasbeen placedonthe convictedvendorlistfollowinga
convictionfor a publicentry cdme may not submita bidon a contractto provideanygoodsorservicesto a
publicentity,maynotsubmita bidon a contractwitha publicentityfor the constructionor repairof a public
buildingor publicwork,may notsubmitbidson leasesof realpropertyto a publicentity,may notbe
awardedorperformworkas a contractor,supplier,subcontractor,orconsultantundera contractwitha
publicentity,andmay nottransactbusinesswith anypublicentityinexcessof CategoryTwo ($15,000 in
Sept. 1996) for a peded of 36 monthsfromthe date of beingplacedonthe convictedvendorlist.
(12) AU
(a) The Recipientagreesto maintainfinancialproceduresand supportdocuments,in
accordancewithgenerallyacceptedaccountingpdnciples,to accountfor the receiptand expenditureof
fundsunderthisAgreement.
(b) These recordsshallbe availableat all reasonabletimes forinspection,review,or audit
bystate personnelandother personneldulyauthorizedbythe Department. "Reasonable"shallbe
8
:1_997--001770 BCCAug. 26, 1997 I_age 53 of 63
construedaccordingto circumstances,butordinarilyshallmean normalbusinesshoursof 8:00a.m. to 5:00
p.m.,local fime, MondaythroughFdday.
(c) The Recipientshallalso providethe Departmentwiththe records,reportsorfinancial
statementsuponrequestfor the purposesof auditingand monitoringthe fundsawarded underthis
Agreement.
(d) The Recipientshallprovidethe Departmentwith an annualfinancialauditreportwhich
meetsthe requirementsof Sections 11.45 and216.349, F_a.Star.,and Chapter t0,550 and "_0.6DO,RuJes
of the AuditorGeneral,and,to the extentapplicable,the SingleAuditAct of 1984, 31 U.S,C. ss. 7501-7507,
OMBCircularsA-128 orA-133 forthe purposesof auditingand monitoringthe fundsawardedunderthis
Agreement. The fundingfor thisAgreementwas receivedbythe Departmentas a fixedcapitaloutlay
appropriaUon.
1. The annual financialauditreportshalJincludeall managementlettersand the
Recipient'sresponseto all findings,includingcorrectiveac_onsto be taken.
2. The annualfinancialauditreportshallincludea scheduleOffinancial
assistancespecificallyidentifyingall Agreementand otherrevenuebysponsoringagency andAgreement
number.
3. The complete financiaJaudit report,including aJJitems specifiedin (12)(d) 1 and
2 above,shallbesentdirectlyto:
Departmentof CommunityAffairsOfficeof AuditServices
2555 ShumardOak BoulevardTallahasaee, Florida 32399-2100
(e) Inthe eventthe auditshowsthatthe enfire fundsdisbursedhereunder,orany portion
thereof,were notspentin accordancewiththe cond_onsof thisAgreement,the Recipientshallbe held
liablefor reimbursementto the Departmentof all fundsnotspentin accordancewiththese applicable
regulationsandAgreementprovisionswithinthirty (30) daysafter the Departmenthas notifiedthe Redplent
of suchnon-compliance.
(t) The Recipientshall retainall financialrecords,supporfingdocuments,statistical
records,andanyotherdocumentsperUnentto this contractfor a pedod of three yearsafter the date of
9
j, j
1 997--00 1 770 BC(;
Aug. 26, 1997 Page 54 of 63
submission of the final expendituras reporL However, if [il_gationor an audit has been initiated prior to the
expiration of the three-year period, the records shall be retained until the I_gatJon or audit findings have
been resolved.
(g) The Recipient shall have all audits completed by an independent cer_fied public
accountant (1PA)who shall either be a cer'dfiedpublis accountant or a public accountant licensed under
Chapter 473, Fla. Star. The IPA shall state that the audit complied wtth the applicable provisions noted
above.
(h) The audit is due seven (7) months after the end of the fiscal year of Recipient or by the
date the audit report is issued by the state Auditor General, whichever is later.
('i) An audit performed by the State Auditor General shall be deemed to satisfy the
above audit requirements.
(13) SUBCONTRACTS.
(a) If the Recipient subcontracts any or all of the work required under this Agreement, a
copy of the executed subcontract must be forwarded to the Department within thirty (30) days after
execution of the subcontract. The Recipient agrees to include in the subcontract that O) the subcontractor is
bound by all applicable state and federal laws and regulations, and 0i) the subcontractor shall hold the
Department and Recipient harmless against all claims of whatever nature arising out of the subconb'actor's
performance of work under this Agreement, to the extent allowed and required by law.
(14) TERMS AND CONDITIONS.
The Agreement contains all the terms and cond_ons agreed upon by the parties.
(15) _.
(a) All attachments to this Agreement are incorporated as if set out fully herein.
(b) In the event of any incons_tensies or conflict between the language of this Agreement
and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of
such conflict or inconsistency.
(c) This Agreement has the following attachments:
10
1 997--00 1 770 ECAug. 26, 1997 Page ,%5of 63
AttachmentA: Scope of Work and Budget
Attachment B: Program Statutesand Regulat/ens
Attachment C: Federal lobbyingPrehib_ons
AttachmentD: Copy_ght,Patent andTrademark
(16) FUNDING/CONSIDEPATION
FixedFee Agreements:
(a) This is a tixedfee agreement. As considerationforperformanceof workrendered
underthisAgreement,the Departmentagreesto paya fixed fee of up to fl_ thousanddollars($50,000).
Paymentwill be madein accordancewiththe provisionsofAttachmentA (Scopeof Work andBudget).
(17) STANDARD CONDITIONS.
The Recipientagreesto beboundby the followingstandardconditions:
(a) The State of Florida'sperformanceandobligationto pay underthisAgreementis
contingentuponan annualappropriationbytheLegislature,and subjectto anymediticationinaccordance
withChapter216, Fla. Stat.orthe FloridaConstitution.
(b) If otherwiseallowedunderthis Agreement,the Agreementmay be renewedon a
yearlybasisfor a periodof upto two (2) yearsatter the in_al agreementor for a periodno longerthan the
term of the originalagreement,whicheverperiodis longer,specifyingthe terms underwhichthecostmay
changeas determinedin the invitationto bid,requestfor proposals,or pertinentstatutesor regulations.
(c) Allbillsfortees orother compensationfor servicesor expensesshallbe submittedin
detailsufficientfor a properpreauditandpostauditthereof.
(d) If otherwiseallowedunderthisAgreement,all billsfor anytravelexpensesshallbe
submittedin accordancewiths. 112.061, Fie. Stat.
(e) The Departmentof CommunityAffairsreservesthe rightto unilaterallycancelthis
Agreement for refusalbythe Recipientto allowpublicaccessto alldocuments, papers, lettersorother
materialsubject to the provisionsof Chapter119, Fla. Stat._andmade orreceivedbythe Recipientin
conjunctionwiththisAgreement.
11
wl , ( "A
A
1 ¢J_7--00 1 770 BCCAug. 26, 1997 Page 56 of 63
(f) If the Recipientis allowedto temporarilyinvestany advancesof fundsunderthis
Agreement,anyinterestincomeshalleitherbereturnedto the Departmentor be appliedagainstthe
Department'sobligation to pay the conb'actamount.
(g)The Stateof Floridawillnotintentionallyawardpublicly-fundedcontractsto any
contractorwho knowinglyemploysunauthorizedalienworkers,cons_tutJnga violationofthe employment
provisionscontainedin 8 U.S.C. Section 1324a(e) _Sectfon274A(e) oft.he Immigration and Nat/onat_yAct
(=INA')]. The Departmentshallconsiderthe employmentbyanycontractorof unauthorizedaliensa
violationof Section274A(e) ofthe INA. Suchviolationbythe Recipientof the employmentprovisions
containedin Secl_on274A(e) of the INA shallbe groundsforunilateralcancetialJonof thisAgreement by
the Department.
(18) STATE LOBBYINGpROHII_ITION. No fundsor other resourcesreceivedfromthe
Departmentin connectionwiththisAgreementmaybe useddirectlyor indirectlyto influencelegislationor
anyotherofficialactionby the FloridaLegislatureoranystate agency.
Refer to AttachmentE foradditionaltermsand provisionsrelatingto lobbying.
(19) (_OpYRIGHT. PATENT AND TRADEMARK
If applicable to this Agreement, refer to Attachment G for terms and Cond_ons.relatingto
copyrights, patents and trademarks.
(20) _._ _U3_d_J_LT.DT_.
The Recipientcertifieswithrespectto this Agreementthat it possessesthe legalauthority
to receive the fundsto be providedunderthisAgreementand that, if applicable,itsgoverningbodyhas
authorized,byresolutionor otherwise,the executionandacceptanceof thisAgreementwithall covenants
andassurancescontainedherein. The Recipientalsocertifiesthatthe undersignedpossessesthe authority
to legallyexecuteandbindRecipientto the termsof thisAgreement.
(21) ASSURANCES.
The Recipientshallcomplywith anyStatementof Assurancesincorporatedas Attachment
L
12
•1997--00 1 770 BCC
Aug. 26, 1997 Page 57 of 63
(22)_.
PursuanttoSe_on 215.422,_, theDepamnent shallissuepayments tovendors
within 40 days after receipt of an acceptable invoice and receipt, inspec'don, and acceptance of goods "
and/or services provided in accordance with the terms and cond_ons of the Agreement. Failure to issue
the warrant w_thin40 days shall result in the Department paying interest at a rate as established pursuantto
Section 55.03(1) _ The interest penalty shall be paid within 15 days after issuing the warrant.
Vendors experiencing problems obtaining timely payment(s) from a state agency may
receive assistance by contacting the Vendor Ombudsman at (904) 488-2924 or by calling the state
Comptroller's Hotline at 1-800-848-3792.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by
their undersigned officials as duly authorized.
BY: (:::_'_ , : ,.
Name and title:Tom Banjanin, Chairman, Board of County Commissioners ,_'_ ," " "". _",_,, ,* ,, %, ,'
Date: 8/6/97 ATTEST: Ernie Le_::Magah_-: ". C' '.Clerk of "_]_e Cii'-_-Zuit Cou_t
FID# 59-6000-598 .. • !'2;" , .i._
STATE OF FLORIDA By:__" _D,_j_. _ty C]:erk .-.:j"
DEPARTMENT OF COMMUNITY AFFAIRS ' _ _ " • " "
Name and T'Cde:Douglas Buck, DirectorDivision of Housing end Community Development
Date:_
:<_.EGAL%B3_.CC_I
13
_997--00 1 -/70 BCC
Aug. 26, 1997 Page 58 of 63
AttachmentA
SCOPE OF WORK AND BUDGET
A._
The Flodda Legislature has appropriated a pofdon of the Petroleum Violation Escrow (PVE) funds
to demonstrate gual"anteed energy savings performance contracting, as provided for in § 235.215 and
489.145, Flodda Statutes, as a suitable option to shrinking budgets and diminishing availability of revenues
for capital improvements in buildings owned by state and local governments and public school districts.
In order to ensure the success of this goal, it is necessary to provide an ineent_'e for agencies to
enter into performance contracts, using the funds provided as a "buydown ° of the service debt and payment
of owner's representative activiges directly associated with the selection of an energy service company
• (ESCO) and the contract negotiation process.
B. Scope 0fWork
Eligibility for receipt of these funds is contingent upon the Recipient successfully exeoufing a Letter
of Intent for the technical (investment grade) energy audit with a competitively selected qualified provider
(energy service company-ESCO), as provided for in § 235.215 and 489.145, Florida Statutes. The
competifive selection process must be completed by the Recipient, and not "piggybacked" from another
similar agency's previously executed competitive process. By conducting the competitN'e selec_on process,
the Recipient shall have firstha;,d knowledge and confidence in the compet/tively selected ESCO of choice.
The Recipient, in consultation with the Department, or its representative, may solicit the services
for an owner's representative for technical expergse and advice in the competitive selection of an ESCO
and the subsequent negotiation of a guaranteed energy savings agreement.
The Recipient may elect to use the funds for the "buydown" of the service debt and possible
negotiation of a more lucrat_'e interest rate.
The Recipient may elect to use the funds for inclusion of additional energy conservation measures
or indoor air quality issues that otherwise would not have been included in the maximum ten year payback,
as long as the inclusion of such does not exceed ten years, as provided for in § 235.215 and 489.145,
Florida Statutes.
14
1 997--00 1770 BCC
Aug. 26, 1997 Page 59 of 63
c._udoet
The amount of this contractcan be advancedin it entiretyor in partial, at the discretionof the
Recipient,onlyafter the Recipienthas successfullyexecuteda Letterof Agreement,witha cempetiWely
selectedenergyservicescompany,as providedfor in§ 235.215 and 489.145, FloridaStatutes.No travel
bythe redpientor otherexpensesare providedfor inthiscontract. Upon receiptof officialnotificationbythe
Recipientof a successfullyexecutedcontractandinvoicestipulatingdesiredamountof payment(s),the
Department shall ensurethat promptpaymentis made.
15
1997--00 1 770 BCCAug. 26, 1997 Page 60 of 63
AI-rACHMENT B
pF_OGRAMSTATUTES AND REGULATIONS
A, Assistthe Departmentin complyingwiththe State EnergyConservationProgram as describedin the
Code of FederalRegulations,]-die10, Parts420 and450 and guidanceissuedbythe U.S. Departmentof
Energyandsubsequentguidanceissuedbythe U.S. Departmentof Energy;the FinancialAssistanceRules
describedinT'rUe10, Part 600, aswell as thoseregulationsconcerningthe use of oil overchargerecovery
funds.
B. W'rthin30 days from the executionofthisgrant,provide the Department witha work plan and milestone
chartdetailingthe tasksto be undertaken,milestones,meetings,andother criticaldates. Thisdocument
willserveas the primarymanagementtool for on-timeperformancebetweenthe Departmentandthe
Grantee. Priorto the approvalof the workplan, the Granteeshallnot undertakeanysubstantialprogram
activitywithout firstobtainingwrittenapprovalfrom the Department.
C. The Departmentreservesthe rightto transferequipmentacquiredunderthisgrant as providedforin
T'die10, Part 600.117. The Recipientcan obtaina releaseof this rightuponapplica_oncontainingcertain
commitments.
D. The Recipientwill reportinformallyin writingon a monthlybasisthe actNitieswhichhavebeen
conductedonthisgrant,and formallyon a quarterlybasis.The quarterlyreport is to be receivedbythe
Department no later than the 15th day of t_e month followingthe endof each calendar quarter. The
quarter(yreportwill brieflydescribethe activisesundertaken,workplan milestonesreached,difficullies
incurred,stepstakento overcomethem,and the currantfinancialstatusof thegrant.
E. The Recipientagrees to complywithExecute Order 11246 of September 24, 1965 ended "Equal
EmploymentOpportunity,"as amendedbyExecutiveOrder 11375of October13, 1967 and as
16
1997--OO 1 770 BCCAug. 26, 1997 Page 61 of 63
supplemented in Department of Labor regulalJons(41 CFR Part 60). In accordance with the above laws
and regula_cns, the Recipient agrees to assure, to the extant of the coverage of this Agreement, that no
person in the United States shall, on the grounds of race, color, national origin, sex, age, or handicap, be
excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under
any program or activityinwhich the Department receives federal assistance from the Department of
Energy.
F. The Recipient shall permit the Department, or is duly authorized representa_ve, to monitor the project
pertaining to this Agreement as deemed necessary by the Department. The Recipient will monitor its
subcontractors.
G. The Recipient ce_fias that neither its organization nor any member of the staff is debarred or
suspended or is otherwise excluded from or ineligible for participation in Federal Assistance programs
under Executive Order 12549, "Debarment and suspension." The Recipient may not make any subcontract
to a debarred or suspended party. A current listing of such parses is maintained bythe Department for
review by Contractors.
H. If thisAgreement or any resultingsubcontract is for an amount in excess of $100,000, the Recipient
must comply with all applicab!e standard s, orders, or requirements issued under Section 306 of the Clean
Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738,
and Environmental Prote_on Agency regulations (40 CFR Part 15).
17
VJ till,' (_,
I 17--_01 "770 BCC
Aug. 26, t997 Page 62 of 63
ATTACHMENT C
FEDERAL LOBBYING PROHIBITION_
The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and
beJief:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an o_cer or employee of any agency,
a Member of Congress, an offÉceror 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 grant, the making of any
Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment or modification of any Federal contract, grant, loan or cooperative agreement.
(b) If any funds other than Federal appropriated 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 inconnection
with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(c) The undersigned shall require that the language of this ce_fication be included in the
award documents for all subawards at ati tiers (including subconkacts, subgrants, and contractsunder
grants, loans, and cooperative agreements) and that all subrecipients shall cedify and disclose accordingly.
This ceRtificationis a material representa_e of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the
required certification shall be subject to a civil penalty of not less than $10,000 and not more than $10O,000
for each such failure.
RECIPIENT _,--• f t - .
ATTEST : Ernie Lee .:Magaha _:_S°
Clerk of.the Cir_t Courl "
Thomas G. Banjanln, Chairman By: . _.;"_YBoard of County Commissioners Clerk 4 _
Esclla County, Florida 18 :_ "' ,i" ..... ' "
1197--00 1 770 BCC
Aug. 26, 1997 Page 63 of 63
ATTACHMENT D
COPYRIGHT. PATENTAND TRADEMARK
(a) If the Recipient brings to the performance of this Agreement a pre-exis'gng patent or copyright, the
Recipientshall retainall dghtsandentitlementsto that prHx_ting patentor copyrightunlessthe
Agreementprovidesotherwise.
(b) If anydiscoveryor inventionarisesoris developedin the courseof or as a resultof
workor servicesperformedunderthis Agreement, or in anyway connectedherewith,the Recipientshall
refer the discoveryorinventionto the Departmentfor a determinationwhetherpatentprotec_onwillbe
soughtinthe name of the Stateof Florida. Anyand all patentrightsaccruingunderorin connedJonwith
the performanceof thisAgreementare herebyreservedto theState of Florida. In the eventthat anybooks,
manuals,films,or othercopyrightablematerialare produced,the Recipientshall notifythe Department.
Anyandatl copyrightsaccruingunderor inconnectionwiththe performanceunder thisAgreementare
herebyreservedto theState of Florida.
(c) Wthinthirty(30) daysof executionof thisAgreement,the Recipientshalldiscloseall
intellectualpropertiesrelevantto the performance ofthisAgreementwhichhe or she knowsorshouldknow
couldgiveriseto a patentor copyright.The Recipientshallretainall rightsandenfitlements to any pre-
existingintellectualpropertywhichissodisclosed. Failure to disclosew_llIndicatethat nosuchproperty
exists.The Departmentshallthen, underParagraph(b), havethe rightto all patents and copyrightswhich
occurduringperformanceof the Agreement.
!9
b ,b
:t Y-cEscambia County, Florida |
'.' INSTRUMEN T 2004-23971_9_ J
EXHIBIT BPERFORI_L_NCE A_'VDPAYM_'vr BOND
BONDNO. 625 411 9
NCE
Ka_4OWALL N_N BY THESE PRESENTs: That Southern Company Ener_ySolutions, LLC.... ([t_.l_ game, address, and phone number ofconmactor)
4000 Dekalb Technology Pkwy, #100, _ulanua, _ 30340 , as principal, and
Safeco Insurance Company of America, Safeco Plaza, Seattle, WA 98185p
(Insectfull name.homeo_c© addressandphoner_mlbe_of sur¢_)
Surety, are held and firmly bound unto the Board of County Commissioners forEscambia County,Florida,
223 Palafox Place, Pensacola, Florida 32597-1591, (850) 595-4900, as Obligee in the sum of
Two Million Seven Hundred Ninety-Eight Thousand Six Hundred Fifty-Six0u
and 00/100 ............... 2,798,656.(S_ _ for the payment whereof we bind ourselves,
our heirs, executors, personal representatives, successors and assigns,jointly and severally, firmly by these
presents.
WHEREAS, Principal has entered into a contract dated as of the 1 3t_aay of April2004
___ --.--..-2
Task Order - PD 96-97.74.4 t-w-/_,2%a_ ___..._¢e_4-with Obligee for Contract No.C-t) t _ t_ _ . t'([nscr:, name of project, including leZal description _treet address of propertyand
general _escription of improvement)
Leonard Street Complex Central Energy Plant Improvements\
in accordance with drawings and specifications, which contract is by reference made a part hereof, and is
hereinafter referred to as the Contract.
THE CONDITION OF TI-{/SBOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract; and
2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because
of ny default by Principal under the Contract; and
3. Performs the guarantee or'all work and materials fumlshed under the Contract applicable to the
work and materials, then this bond is void; otherwise i_ remains in fall force.
27
,,. .. ORBK 540B PG1907,, ,, E _mbia County, Florida |
ISTRUMENT 290_42239_7_!.9- J
The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time,
alterations or additions to the terms ofthe Contract or other work to be performed hereunder, or the specifications
referred to therein shall in anywise affect its obligation under this bond, and it does hereby waive notice of any
such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the
specifications.
This instrument shall be construed in all respects as a common law bond.
In no event will the Surety be liable in the aggregate to Obligee for more than the penalty sum of this
Performance Bond, regardless of the number of suits that may be filed by Obligee.
IN WI'IR'iESS _OF, the above parties have executed this instrument this 12th day of._004
May , . __, the name and corporate 'seal of each corporate party being hereto
affixed and these premises duly signed by its unders ironed representative, pursuant to authority of its governing
body.
Signed.sealedand delivered
inl,hcp_'_'n_eef: _j_PK/NCIP._: Southern Company Energy Sol utioris,
t,,: V;_; I";" _;a ¢_ 4--
STA_OF Ge O,'5(o-COb,_'TYOF _3P-_,C.aSlb
12_LK-_ 2ooqo The foregoing instrument was acknowledged before me _ of _A_c,_y- , i1_(I, by
corporation,onIJehalfofthecorporation.H_sh¢bpersonallyknowntomeORhasproduced asidentificationanddidtdidnot) takeanoath.
*lyCommissionExpires: _ _- _C_
(egiblr,.n,.
2 7,'q,: :,,_ C4• ¢, _Z 0--""_,qUNXY_•""-X_'_<"
llllllllllllll%&
.. ._ ': OR BK 5408 PG1908
£_ambia County, Florida |' N.STRUMENT 2004_239719 J
ATTEST: SURETY: Safeco Insurance Company of AmericaJPdntedName)
Safeco Plaza
Seattle r WA 98185
Witness (BusinessAddress) ",'
(AuthorizedSignature)Witness
(PrintedName)
Witnesses --_.D_j-_/_Z, L. /A.TT"C/_£'L/.-
La u_S_eS_A.dd_s s ' ¢
(PrintedName) %404-995-3702
(TelephoneNumber)
STATE OF GeorgiaCO5_CCYOF Douqlas
2004
The foregoing in-ctramentwas acknowledged be_offf_z6hisi ln._2t_a_co_ May , 1998, byLaurel D. Huss ,_Attornev- of Como_fec/,0nbe Mf0fSure_.-- _h l_act - '
._%'_lil[.i_personallyknownto me OR hasproduced - _ identificationand.did (did not)take:uloath.
,,,,%_'_, _ _/6f¢._),_n Expires: ""_l---._ z_'..--._. _.) _,%,_ _._ ....... _,- j. (Signature) .__ %.-'_(sSlO_Zg.'."s, Name: Nancy Nix
..1o _W._-_',<rOI_{CIA_SEAL) Norm'y.Public.Stateof '.an-- :m ._.o.o _,, - SerialNo.. IfAny:
%ok / dg",,,_4SC0_,"
llllllllll't% &
Countersigned by:
Nancy H. Z_eski, FL Agent
29
il, OR BK 5408 PG1909"_' Es_bia County. Florida /
__T_RUM=ENT - 2_00_.4-23_97_19J
625 411 9BOND NO.
PAYMT_7 BOND
BYTH_S BOND, We, Southern Company Energy Solutions, LLC(insertname,addressandphonenumberof contractor)
4000 Dekalb Technology Pkwy., #100, Atlanta, GA (hereinafter called the "Principal")
Safeco Insurance Company of Americaand (hereinafter called the "Surety"),
(Insertname)locatedat Safeco Plaza, Seattle, WA 98185 ,asuretyinsurer
(Insertaddressandphonenumber)chartered and existing under the laws of the State of Washington and authorized to do business
in the State of Florida, are held and fLm].y bound unto the Board of County Commissioners for Escambia
County, Florida, 223 Palafo× Place, Pen_;acola, Florida 32597- 159 l, (850) 595-.3900_..(bereinafter called .•,'we Mi±ion _even nunareo _inety-_ight Thousar*o
the"County")inthesum 0f Six Hundred Fifty-Six Dollars (S2,798,65_for
payment of which we bind ourselves, our heirs, our personal representatives, our successors and our assignees, .
jointly and severally.
.%
WHEREAS, Principal and County have reached a mumal agreement relating to ContractNo.
Task Order - PD 96-97.74°4(hereinafter referred to an the "Contract")as of (the bid award date for projects thereto)
forthepurposeof Leonard Street Complex Central Energy Plant Improvements(Insertnameof projecr,includinglegaldescription,_tte=taddressof property,andgeaeral descriptionof
improvement.)
said Contract being made a part of this Bond by this reference.
NOW. THEREFORE. THE CONDITION OF THIS BOND IS THAT IF THE PRINCIPAL:
1. Shall promptly make payments to all claimants as defined in Section 255.05(1)(a),
Florida Statutes, supplying the Principal with labor, materials or supplies, as useddirectly or indirectly by the Principal in the prosecution of the work provided for inthe Contract; and
2. Shall pay the County for all losses, damages, expenses, costs and attorneys' fees,includingthose resulting from appellate proceedings, that the County sustainsbecauseof a default by the Principal in contravention to the Contract in regard to payment forsuch labor, materials, or supplies furnished to the Principal; then this Bond is void;
30
J)
_,, • OR BK 5408 PGI910__ ' _ambia County, Florida J
_STRUMENT 2OO4-239719 _J
otherwise this Bond remains in full force and effect.
BE _r FURTHER KNOWN:
1. Any changes in or under the Contract and compliance or noncompliance with anyformalities connected with the said Contract or alterationswhich may be made in the
terms of the said Contract, or in the work to be done under it, or the giving by the
County of any extension of time for the performance of the said Contract, or any otherforbearanceon the part of the County or Principal to the other, shall not in any wayrelease the Principal and the Surety, or either of them, their heirs, personal
representatives, successors or assigns from liability hereunder, notice to the Suretyofany such changes, alterations, extensions or forbearance being hereby waived.
2. Certain claimants seeking the protection of this Bond must timely comply with thestrict requirements set forth in Section 255.05, Florida Statutes, and as otherwiseprovided by law.
3. As concerns payment for labor, materials and supplies, as affects certain claimants,no legal action shall be instituted against the Principal or Surety on this Bond afterone (1) year from the performance of labor or the completion of delivery of thematerials or supplies as is specifically mandated pursuant to Section 255.05, FloridaStatutes.
2004
THISBOND DATEDqHE 12thDAYO F May , __(thedate.ofissueby the Surety or by the Surety's agent and the date of such agents power-of-attorney).
Signed.sealedaad deliveredin tke presenceoff: PR/NCIPAL: Southern Company Energy Solutions,
"" V::._ _,",,,'.1,_.._.4- P_):;_-_C¢_z_
STATE OF C_e 0('(_£ O_CObq_ OF _,AI)(_
of T_" 20_¢_ The foregoing instnlmen¢was acknowledged before me this 12J_day / , lqP_. by
corporation,on behalfof the ¢o_oradon. He:she is pet_on_dlyknown to rne OR has produced asidentificationanddid(did not) (akeanoath.
(Sii na_l'_e)' - '" C_ _ "_'
(Legib']y'Plinted) _%%%lllllllllll .
• ,,,,,• SerialNo..If _,_'_)o*..__. .
.- _'._, _,__.=_:_ MAY _,:'_ :--_lr. 1 ,---__ :_ ^^- ,_:_r=
% "_,-'"•,_ ._"_0,: '_ Y P u ",_¢,"
III1_1111111%%%_
,p
•b • .......
OR BK 5408 PG1911_Escambia County, Florida /_ INSTRUMENT 200_4-23_g7_1_9
A_EST: SURET¥:Safeco Insurance Company of America(PrintedName)
Safeco Plaza
Seattle t WA 98185
Witness (BusinessAddress)
(AuthorizedSignature) _ :i_;,'/_<.i'._Witness
(PrintedName)
._%A_A ..5.c_@z_ ,
Wlmct_* (e 'a _,,aa._ L. _x_/4_zb(BusinessAddress)
9 9 5 _(p_ia/_a_amc) .404- ""
(TelephoneNumber) ,, .. ::
STA_ OF Geogia _;_ .':""
COUNTY OF Douglas2004
The foregoing instrument was acknowledged beforeme this 1 2thday of May , 1998. byLaurel D. Huss ,asAttorney ofSareco Ih-'_rance com_/.onb_*ff0_Sur¢_H_/sbe is personally known to me OR has produced In Fact as identification and did (did not) take an oath.
... b¢,.CommissionExpires:,, _/_ "-'-"_'/6 "_%%%_""""Ill (Signature) .._
(Legibly Printed)... ,zo ",.(" 0
= [2- IlOT_"_ )FFI_IAL SEAL) Nora,. Public. Stateof Georiga
| ._ Serial No.. If.kay=%.kpue,,*
,##II|II||_%% Countersigned by :
h_a6cy Hd za_es'ki, FL Agent
32
" .'S A F E C O" POWER SAFECO INSURANCECOMPANY OF AMERICA
GH_lr_l INSURANCECOMPANYOF AMERICAr #,,_1 F ATTORNEY H FFICE:SAFECOPLAZASE_I_LE, WASHINGTON 98185
No. 6724
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does eachhereby appoint
***'SANDRA S. CARTER; GARY D. EKLUND; JUDY S. FLEMING; VIRGINIA B. MCMANUS; BARBARA S. MACARTHUR; EDWARD L. MITCHELL; NANCY NIX;BARBARA A. THOMPSON; CYNTHIA I. RODOLPH; LAUREL D. HUSS; Atlanta, Georgia*'************************************,***************************
OR BK 5408 PG1912_Escambia County, Florida JINSTRUMENT 2004-2_39719
its true and lawful attomey(s)-In-fact, with full authority to execute on its behalf fidelity and stJraty bonds or undertakings and other documents of a similarcharacter Issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF. SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed andattested these presents
this lSth dayof ,,August 2003
CHRISTINE MEAD, SECRETARY MIKE MCGAVICK, PRESIDENTCERTIFICATE
Extract fTom the By-Laws of SAFECO INSURANCE COMPANY OF AMERICAand of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Section t 3. - FIDELITY AND SURETY BONDS ... the President, any Vice President. the Secretary. and any Assistant Vice President appointed for thatp_ by the officer in change of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropdate titles withauthority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of itsbusiness... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument confernng such authorityor on any bond or undertaking of the company, the seal. or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided,however, that the seal shall not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICAand of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28. 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out.(1) ThaprovlsionsofArticleV. Secfion 13ofthe By.Laws. and
('d) A (:_py of the power-of-attorney appointment, executed pursuant thereto, and(iii) CerUfy;ngthat said pewer-of-attomey appeintment is in fall force and effect.
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I. Christine Mead. Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA do Ilereb v ,',=rh_
that the foregoing extracts of the By-Laws and of e Resolution of the Board of Directors of these corporations, and of a Power of Attorney issu_ pursuant ihe"_et_ere true and correct, and that both the By-Laws, the Resolution and the Power of Attoreey are still in full force and effect. / :.,:_'_
IN wrrNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation , . ...
t' _t t ,t_',,
/>y/._°..,
,@@ CHRISTINE MEAD, SECRETARY
S-0974/3AEF 2/01 _ A registeredtrademarkof SAFECOCorporation
08/1812003PDF
I.... " ': _R BK 5408 PG19-13| _,.;" _cambia County. Florida
WINSTRUMENT 2OO47239_ 19 J
IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDINGTHE TERRORISM RISK INSURANCE ACT OF 2002
As a surety bond customer of one of the SAFECO insurance companies (SAFECO InsuranceCompany of America, General Insurance Company of Americas, First National InsuranceCompany, American States Insurance Company or American Economy Insurance Company), it isour duty to notify you that the Terrorism Risk Insurance Act of 2002 extends to "surety insurance".This means that under certain circumstances, we may be eligible for reimbursement of certainsurety bond losses by the United States government under a formula established by this Act.
Under this formula, the United States government pays 90% of losses caused by certified acts ofterrorism that exceed a statutorily established deductible to be paid by the insurance companyproviding the bond. The Act also establishes a $100 billion cap for the total of all losses to be paidby all insurers for certified acts of terrorism. Losses on some or all of your bonds may be subject tothis cap.
This notice does not modify any of the existing terms and conditions of this bond, the underlyingagreement guaranteed by this bond, any statutes governing the terms of this bond, or any •"generally applicable rules of law.
At this time, there is no premium charge resulting from this Act.
MAP OUTPUT FOR REFERENCE PURPOSES ONLY Page 1dF1 . . "
_ . _ Escambia County Florida Prope_lAppraiser Page 1 of 1dlBK 540B pGa.915Escambia County, Florida |
Escambia W P: opery Appraiser
CHRISJOI_ESECPA RECORDSEArCN C-ENERatINFORI/ikTIONDIRECTORYOFGOV[RIIMENI_.GEIICIES_ CONIACi"U
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....,,,,,,,,,,,, ,, ,, ,,, ,,,, ,,,, , ,
General Information
Name: ESCAMBIA COUNTY223 PALAFOX PLPENSACOLA FL 32502
Account: 062439000
Reference: 1728305016000002
Legal Description
N1/2 OF LT 9 ALL LT 16 DB 1/543 P 161/179 LESS OR 67 P 284 STATE RD R/W LESS OR 429 P 980 STATE RD R/WLESS OR 561 P 3 RD R/WLESS BEG AT NE COR OF SEC S 3 DEG 33 HIM 17 SEC W ALG E LI OF SEC 315 63/100 FTN 86 DEG 26 MIN 43 SEC W 13 FTTO PRM LOC IN W P./W LI H ST N 3 DEG 33 HIN 17 SEC E ALG 8D W R/W LI 150FT FOR POB N 86 DEG 51 HIN 43 SEC W 299 FT TO ELI OF PROP OF BD OF PUBLIC INSTR DB 188 P 425 N 3 DEG33 MIN 17 SEC E ALG SD ELI OF SD PROP 103 89/100 FTTO PT IN SLY R/W LI TEXAR DR S 82 DEG 19 HIN 139/10 SEC E ALG SD SLY R/W LI 40 95/100 FT S 87 DEG 5 MIN 3 SEC E ALG SD SLY P,/W LI 258 16/100 FTTO PT INW P./W LI H ST S 3 DEG 33 HIN 17 SEC W ALG SD W R/W LI 101 65/100 FTTO POB LESS OR 3386 P 153 SKYLERLESS OR 3907 P 919 ESCAHBIA COUNTY COUNCIL ON AGING INC
CHRISJONESECPA I RECORDSEARCHI GENERALINFORMATIONI DIRECTORYOFGOVERNMENTAGENCIESMAPS I CONTACTUS I HOME I DISCLAIMER
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"'" :, ' EEcambia County Florida Proper_Appraiser _l Page 1 of 1o K s4o8 pGi916Escambia County, Florida |
,, INSTRUMENT. 2004.72_39_71_9.J, IJones
Escam'bia Court W P ope F Appraiser
CHRISJOIIESECPAR[CORDSEARC_ G[N[RAtlNFOR?AA[IONDIRECTORYOFGOV[RIIMENTAGENCI[SF_ (ONIACTU
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General Information
Name: ESCAMBIA COUNTY& JUVENILE JUSTICE CENTERESCAMBIA COUNTY JAIL223 PALAFOX PLPENSACOLA FL 32502
Reference: 172S305015000002
Legal Description
6A IN SE COR OF OF N 1/2 OF LT 2 BEING BOUNDED AS FOLLOWS BEG AT SE COR OF N 1/2 OF LT 2 W 501 FT 4IN N 501 FT 4 IN E 501 FT 4 IN S ALG E LI OF LT 2 501 FT4 IN TO POB SD N 1/2 OF LT 2 IS ALSO KNOWN AS LT15 BRAINARD MCINTYRE S/D S/D OF SEC OR 879 P 949 ALSO BEG AT SW COR OF LT 15 BRAINARD MCINTYRE S/DS 86 DEG 44 IViIN 58 SEC E (THIS BEARING & ALL OTHER BEARINGS IN THIS DESCRIPTION ARE BASED ON DOTR/W NAP OF LEONARD ST) 431 55/100 FT N 04 DEG 14 NIN 02 SEC E 51 18/100 FT TO N R/W LI OF LEONARD ST(80 _ R/W) FOR POB CONT N 04 DEG 14 MIN 02 SEC E 298 08/100 E'FS 86 DEG 44 MIN 58 SEC E 349 97/100 FTN 03 DEG 48 MIN 32 SEC E 701 90/100 FT S 86 DEG 58 MIN 58 SEC E 537 50/100 FT TO W R/W LI OF "L" ST (50FT R/W) S 03 DEG 48 MIN 58 1/2 SEC W ALG W R/W LI OF "L" ST 516 35/100 FT N 86 DEG 11 MIN 43 SEC W 44510/100 FT TO PC OF CIRCULAR CURVE CONCAVE TO SE SWLY ALG SD CURVE (RADIUS 30 FT DELTA ANG 90 DEG19 MIN 45 SEC CHORD BEARING S 48 DEG 36 MIN 14.7 SEC W CHORD LENGTH 42 57/100 FT) ARC LENGTH 4730/100 FT TO P T OF SD CURVE S 03 DEG 28 MIN 32 SEC W ALG TANGENT 460 95/100 FT TO N R/W OF LEONARDST N 86 DEG 38 MIN 28 SEC W ALG N R/W LI OF LEONARD ST417 14/100 FTTO POB OR 1182 P 55
CHRISJONES ECPA lRECORD SEARCH I GENERAL INFORMATION J DIRECTORYOF GOVERNMENT AGENCIES
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"RCD May i4_ 2004 02:52 pm"_Eseambia County, FloridaJ
--J
ERNIE LEE MAGAHAClerk of the Circuit Courtl
INSTRUMENT 2004-239719J
http://www.escpa.org/Search/LegalDesc.asp?qAcctN um=62431000 05/14/2004
'9' • • m_,j
!
THZSPURCHASEORDERNUMBERSHALLAPPEAR ON ALLINVOICES, PACKAGES
_°1 _ • AND RE_TED CORRESPONDENCE•
Esca_bia'County, Florida PURCHASE ORDERk2G PAGE 1
PO # 241481
VENDOR 194084
PHONE : (850) 595-4980 PURCHASE ORDER DATE 05/18/04
FAX • : (850) 595-4805 REQUIRED DATEREQ. NO. : 24001587 APPROVED DATE **N/A**VENDOR SHIP TO
SOUTHERN CO ENERGY SOLUTIONS, LLC FACILITIES MANAGEMENTBUILDING MAINTENANCE
4000 DEKALB TECHNOLOGY PKWY STE 10 100 EAST BLOUNT STREET
ATLANTA, GA 30340 PENSACOLA FL 32501
BUYER PAUL R. NOBLES, CPPB @ 595-4918/JE BLANKET NO CONFIRMING NOCONTACT CHARLIE DAVIS PHONE # -437-9922
TERMS NET 30 DAYS FREIGHT FOB DESTINATION
VEND PROD NO
ITEM QUANTITY UNIT MEASURE COMMODITY NO UNIT PRICE EXTENDED PRICE
1 1 • 00 LOT 2798656.00 2,798,656.00
TURNKEY DESIGN/BUILD CONSTRUCTION AND ON-GOING
MA INTENANCE_SERV ICES_-_N= ACCORDANCE WITH
PD 96-97i. 74.4 LEONARD STREET COMPLEX CENTRALENERGY PLANT_IMPROVEMENTS_-' BCC! APPROVED 04/15/04
f i_ L_J \\,/, !l _ { jt I=+-" l
INVOICE IN DUPLICATE TO: SUBTOTAL 2,798,656.00
CLERK OF THE CIRCUIT COURT FREIGHT 0.00
223 PALAFOX PLACE, ROOM 204 TAX 0.00
PENSACOLA, FL 32501 PURCHASE ORDER TOTAL 2,798,656.00
(850) 595-4841 _/_PCOST CENTER OBJECT CODE PROJECT ROJ ACCT •
110253 56301
S_ta Sales T_ _emptlon NO.85_0126219_C_F_ml EXCI_T_ NO•59-60_-598
XXXXXXXX 85 801262190_V'NE)OR
F=_.',.r_-3E .1!;::E_-! _l¢ ili!i4RiIZ_1587
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UIll[N :.")[3R D!.!!_N T i Ty
(,_I_FI',I£.;:'RC-]I) !',iE:_ iJi,i]:T FiEi:/-!!!_/.!l:"ff: Ft'LX
:TEivi COi;th_ODI:Ty N-C] UNIT PR]:CF- EXTEN£-) .r::,F;tlCE Ft;:EI(:q.-FT 'Ti:]T_r_L PE!CE
:l. tg,:i':_i:_W+ _:!;,.::]LJ-iblli_:F;t,N(:.:[3 ]., rZIIZ; E:_ 75"": _:2,t:._E:,oI_;{; _ !2:r_; ;-!'_7'.9,!3_6_'5G,,_:O_Z'TLA3T ,OIZ;
TURNt_E'/ DESiGi'_!/BUIL_ COI'qSTRUCTI'.Sf'._'F:'qND Oi',I-GE):[I\IGIr}_:i!I"!T(EN_':it',ICE!:'E;ERUICES IN i:::_CCDF_i)_-qhlI:::EI.,Q:TIIF'D 9E,-"97,7.'vo 4 I-EE]NE-_RD STREET C::(]tYlPt_EX (:EI"t'FR;-]L_ENERGY _-:'LI._-]N-[]:M!:'RCB,IEMENT,5- .... B[:;C AF:'I:'Rt]VED _Dz_/:1.5;C1_4 '--"
For use of Off¢ceof PurchasingONLYSupplierSeleCtedFor' i:_EQLiI '£ :["!":[ON 7"CPFAL. ;_. "7,_:_ _:{:: _ .aI"1Lowestprices I"1 Better.orRequiredDesign ' ' - _ _ E._.__..:.._.
[]_ly KnowDSource
I"J BetterQuality [] StateContraCt__------- ": ..... _ ' -[:] BetterService [] ConfirmationOnly_
l"l Other_ [] Scc Atl_chcd T_h_flation Sheet
PO Numbe_ _ 4 / '4"_ I
Phone
Fax
Dciivcry
• "_;CiH: _';I )l(.:S
BOARD OF COUNTY COMMISSIONERSESCAMBIA COUNTY, FLORIDA
OFFICE OF PURCHASING/
213 PALAFOX PLACE $ 2_ FloorP.O. BOX 1591
@PENSACOLA, FL 32597-1591TELEPHONE (850) 595-4980
JOSEPH F. PILLITARY, JR., CPPO, CPPB (SUNCOM) 695-4980
Purchasing Manager TELEFAX (850) 595-4805
http://wvcw.c?.escambia.fl.us/purehasing
Task Order- PD 96-97.74.4
Leonard Street Complex Central Energy Plant Improvements
1.0 Authorization
This task order is issued to Southern Company Energy Solutions, LLC underapproval of the Board of County Commissioners, Escambia County, Florida, April13, 2004 and under the terms and conditionsof Contract No. PD 96-97.74, CountyWide Energy Performance Contracting which was approve by the board of CountyCommissioners on.
2.0 Scope
The Scope of Work is to include turnkey design/build construction and on-goingmaintenance services in accordance with PD 96-97.74, County Wide EnergyPerformance Contracting to include:• PROPANE-AIR BACKUP SYSTEM - Southern Company Energy Solutions,
LLC will provide and install two (2) propane-air vaporizer/mixing stations andassociated storage tanks. One system will be located behind the main jail.And the other system will be located in the agreed upon area behind thecooling tower yard near the CBDF facility. These systems will be piped intothe main gas piping lines serving their respective facilities. SouthernCompany Energy Solutions, LLC will demolish existing building in location ofthe new propane-air backup system serving the jail.
• ELECTRIC BOILER ADDITION - Southern Company Energy Solutions, LLCwill install a new electrode boiler serving the jail and juvenile detention, and anew electric boiler serving CBDF. Southern Company Energy Solutions, LLCwill provide and install all piping, heat exchangers, control valves, controlsintegration, circulating pumps, etc. as required. Southern Company EnergySolutions, LLC will provide and install a new code-compliant weatherproofenclosure to house the new electrode boiler and accessories serving the Jailfacility. This new enclosure shall aesthetically match the exterior of theexisting Jail building, with a second floor Guard House on Boiler Room.Southern Company Energy Solutions, LLC will furnish windows, exterior stairswith landing; lay in ceiling, interior bathroom enclosure, and insulation for theGuard House (second story). The new Boiler Room / Guard House Will beapproximately 17'5"x17'5". Southern Company Energy Solutions, LLC willprovide water closet, lavatory, air conditioning and electrical service with 100-
/_J !1
amp electrical panel. This Boiler House / Guard House to be located in theSally Port area. Southern Company Energy Solutions, LLC will reworkfencing as required. Install gate controls to control gate at Sally Port.Enclosure shall be placed on a new concrete slab.
• EMERGENCY ELECTRIC GENERATOR ADDITION - Southern CompanyEnergy Solutions, LLC will.provide and install a new 1500 kW generator withenclosure and sub-base tank and automatic transfer switch. New generatorwill be located behind the CBDF facility.
• GAS BOILER REPLACEMENT- Southern Company Energy Solutions, LLCwill demolish two (2) existing steam boilers and one (1) existing domestic hotwater boiler inexisting jail boiler plant. Southern Company Energy Solutions,LLC will install new steam boilers and new domestic hot water boiler inexisting jail boiler plant in approximate location of existing equipment. Newequipment will b e provided by Southern ComPany Energy Solutions, LLCduring replacement of the Jail Facility boiler plant.
Included in these services is the installation of all underground piping andnecessary electrical infrastructure necessary for successful operation of thesesystems, including all necessary surveying and existing utility coordination.Southern Company Energy Solutions, LLC will provide all equipment, onsitecommissioning, and customer acceptance testing/training.
3.0 Schedule
The work authorized herein shall becompleted within 365 calendar days of receiptof this task order.
4.0 Compensation
This Task Order is issued for a Lump Sum of $2,798,656.00. Invoices may besubmitted for monthly progress payments subject to the terms and conditionsof PD96-97.74.
5.0 Proqress Meetinqs
Southern Company Energy Solutions, LLC shall schedule progress reviewmeetingswith the County project manager as necessary, but every 30 days as a minimum todiscuss design and permitting issues.
Issu_ //_ Accepted b,y:
_'Ge_rge Toua_ County Administrator Ronald P.Bertasi, II, P-r , P_0_,_,__C_
5/S f" I Z-! ?Date Datef_// '
Technical Ener Audit:Ener Commodit
Procurement Anal sis
,_Qrl IF,CtJ_D:, "_-'t',cctJ{.
Southern CompanyEnergy Solutions, LLC
¢OMIlliltllrErsm_y to Ser_ _ur Wort4"
Table of Contents
Introduction 3
Scope of Audit 4
Fuel Switching: Natural Gas vs. Electric/Electrode Boilers 7
Southern Company Proposed Scope of Work 8
Appendix A: Project Economics and Cash Flows 11Option#1 Propane-Air Backup SystemOptione2 Propane-Air Backup System, Electric/Electrode Boiler AdditionOptione 3 Propane-Air Backup System, Electric/Electrode Boiler Addition,
Electric Generator Addition/Gas Boiler Replacement
Appendix B: Building Energy C.om_modity Savings Analysis 14Natural Gas Savings: - _ : :._,::. : ...... :/.
• Central Booking and Detention Facility . _.......= _ ....._ - :• Main Jail Facility "
' " -• Juvenile Justice Building• Sheriffs Administration Building ......... •--
Electricity Savings:• Central Booking and D_tention Facility ........................• Main Jail Facility"• Juvenile Justice Building • .• Sheriffs Administration Building
Fuel Switching Natural Gas/Electricity Savings:• Central Booking and Detention Facility/Main Jail Facility
Appendix C: Exhibits 23Real Time Pricing "RTP" Letter of Intent - Gulf Power CompanyInterruptible Gas Tariff"GIT" Letter of Intent - Energy Service of PensacolaMain Jail and Juvenile Detention FacilityCentral Booking and Detention Facility and Sheriffs Administration Building
Escambia County Technical Energy Audit Page 2Febr6ary 13,2004
Introduction
Southern Company Energy Solutions, LLC (SCES) has been commissioned todevelop this Technical Energy Audit analyzing the opportunity to optimize currentenergy fuel commodity procurement (natural gas, electricity, etc.) and demand-sideconsumption activities. In an effort to continue to lower the County's energy spend,we have identified several opportunities with respect to space heating, domesticwater heating, cooldng fuel, and other demand-side energy responses to allow thesesavings to occur. Multiple opportunities have been identified including thefollowing:
(1) Centralized propane air storage and delivery system, capable ofproviding back-up fuel for gas loads in the above referencedfacilities. This would allow the County to take advantage of theexisting natural gas provider's interruptible rate tariff"GIT".
(9) New electr_Sdeand electric boiler installations {o supplementexisting natural gas fueled boilers to allow the County the ability to"fuel switch" - the ability to utilize the most inexpensive fuel(naturalgas vs. electricity) on any given day to generate steam andhot .waDr.. This _vil!also allow the facilities, to qualify for a "Realtime pricing" rate tariff from Gulf Power Company
.(3). New em.ergeney standby generators to allow the County to also" -respgndt'o.:_ R_eM.ilTimePr_ing )escalationsduring the high demand
season"(stimme'r),eurtailing the electrical load through use of the• diesel fneled efnergency generator. In addition, the County would
have the.ability to utilize this equipment to provide electricity to.... _-_..... _.. _:connected. essential-systems during extended electrical outages (i.e.
• . hurricanes, physical damage to electrical utility infrastructure, etc.).(4) Replacement of existing, less efficient natural gas fueled boilers at
. the Jail facility (one Superior Cat. No. BLR-o11 installed in 198o,.one Seller Cat. No. BLR-o98 installed in 198o, and one KewaneeCat:. No. BLR-O10dnstalled-1989): These boilers were installed 24
. .. years ago and are I year before the end of their rated useful life.. . _ Included in this project is the replacement of the existing domestic
hot water boiler.
This analysis involves the combined use of all of these projects to realize asubstantial reduction in energy related fuel procurement costs, as well as increasedinfrastructure capacity"and reliability. Enclosed in this report is a detaileddescription and analysis of all of these projects, including the resulting energy spendsavings.
The benefits to Escambia County from this new energy infrastructure includes (1)increased overall system reliability', (2) improved boiler plant control sequences inexisting boiler plant, (3) reduction of both total and incremental energy costs, and(4) substantial financial benefits from avoided capital spent.
Escambia County Technical Energy Audit Page 3Februmy 13,2004
Scope of Audit
As discussed above, this audit analyzed the costs and feasibility of the four separateprojects associated with reduction of energy fuel commodity procurement. Thesealternatives are listed below with brief descriptions of each (see Appendix A for
• detailed descriptions).
Option # 1 Installation of propane air storage and delivery system for backupcapacity for the complex natural gas service.
Option #_ Installation of propane air storage and delivery system for backupcapacity for the complex natural gas service.Installation of electrode/electric boilers for the existing facilities:
.................. CBDF, Jail,• Juvenile Justice Facility
Option #3 InstalIation of propane air storage and delivery system for backupcapacity for the complex natural gas service.Installation of electrode/electric boilers for the existing facilities:
...... C_BDF,Jail, Juvenile Justice Facility.' Installation of emergency diesel engine generator set for the
. , _ •...,.....:. .. exi§ting.CBDF. Replacement of natural gas/diesel boilers•
The fdlld_ti:gdetails the specific scope of work for each project and provides a ....detailed:'des_rliStitS_0f:th_ general methodology of energy sayings calculations.
• -- Optioff#1". 2PROPANE-AIR BACKUP SYSTEM
SCES _¢illpt_*idexnd-install two (a) propane-air vaporizer/mixing stations andassociated storage tanks. One system will be located behind the main jail, and theothgt_s-ygte_ willbg't6et_ted-ircthe-agreed upon areabehind the cooling tower yardnear the CBDF facility. These systems will be piped into the main gas piping lines.serving their respective facilities. SCES will demolish existing building in location ofnew propane-air backup system serving the jail. This system allows the County totake advantage of an existing Interruptible Natural Gas Service tariff offered by thelocal gas distributing company, ESP. This tariff gives the County a significantreduction in cost of natural gas, while maintaining normal systems operations. Seeattached letter from ESP stating the guarantee for new natural gas tariff.Equipment to be supplied will be as follows (or approved equal, by Escambia Countyand SCES):
• Main Jail - Mternate Energy Systems, Inc. Cat no. AE16o/HVS
propane vaporizer and mixer with pump set and four (4) 1,ooo gallonstorage tanks
• CBDF - Mternate Energy Systems, Inc. Cat no. AE36o/HVS propanevaporizer and mixer with pump set and eight (8) 1,ooo gallon storagetanks
Escambia County Technical Energy Audit Page 4February 13,2004
Option #2: PROPANE-AIR BACKUP SYSTEM, ELECTRIC BOILER ADDITION
Propane-Air backup system as described above. Additionally, SCES will install a newelectrode boiler serving the jail and juvenile detention, and a new electric boiler
• gerving CBDF. SCES will provide and install all piping, heat exchangers, control........ valves, controls integration, circulating pumps, etc. as required.
SCES will provide and install a new code-compliant weatherproof enclosure to housethe new electrode boiler and accessories serving the jail facility. This new enclosureshall aesthetically match the exterior of the existing jail building that it will beadj_icent to. Enclosure shall be placed on a new concrete slab. Use of this electricboiler allows the County to take advantage of "fuel switching", a concept that allowsthe county to utilize the least expensive energy fuel (gas or electricity) on any givenday. Additionally, it allows the CBDF building to qualify for Gulf Power Company's"real time pricing" (RTP) rate tariff. SCES will validate the boiler manufacturer's
- . fullload minimum efficiency guarantee of 99% (excluding boiler blowdown) withtest data compiled during equipment startup and commissioning. SCES will
• guarantee that all equipment will be installed in accordance with manufacturer'srecommendations, enabling this equipment to perform at design conditions. Theboiler manufacturer will oversee startup, commissioning, and training. See attachedletter from Gulf Power Company stating the guarantee for new electricity tariff.Equipment to b e supplied will be as follows (or approved equal, by Escambia County
. .-. and SCES):-
2:-:-5_ii::_i].?ii:.:-'!_.i":2. , -Main dait:2-P-recision Model HVJ-118-C15o electrode steam boiler (3-4.................. -..... .MW, 12.5 kV) with 6o0 amp circuit breaker and dearator system
• . CBDF - Precision Model HW36D-aoooD-48o electric hot water boiler
- . 7 '-_ ¢.
_)ption #3: eRoeZvE: }- id izF--sVg - Mi L2CTRICBOILERADDfTrON,..... ELECTRIC GENERATOR ADDIT[ON/_OAS BOILER REPLACEMENT
Propane-Mr backup system and Electric/Electrode Boiler system as described above.............. Additionally, SCES will provide install a new 15oo kW generator with enclosure and
sub-base tank and automatic transfer switch. New generator will be located behindthe CBDF facility. This emergency electric generator will not only allow the Countyto have 150okW of on-si£e electrical generation in the event of an electrical outage, italso allows the County to possibly "peak shave", utilizing diesel fuel for powergeneration when electricity prices are high (-$Ao/kWh).SCES will demolish bvo (2) existing steam boilers and one (1) existing domestic hotwater boiler in existing jail boiler plant. SCES will install new steam boilers and newdomestic hot water boiler in existing jail boiler plant in approximate location ofexisting equipment and new electrode boiler will be installed in a new buildinglocated at the Southwest corner of the Main Jail facility, adjacent to the sally portarea. This building will include two-story a second story, which will house a newguard observation tower for Jail ground security monitoring. New equipment will beof equal capacity as existing. New boilers will not only increase reliability (asexisting boilers are operating beyond the rated useful life), but also provide
Escambia County Technical Energy Audit Page 5Februa_ 13,2004
increased efficiency and more precise control and monitoring. Equipment to besupplied will be as follows (or approved equal, by Escambia County and SCES):
• CBDF - Kohler Model 1sooREOZDB Diesel Engine Driven Generatorwith sound-attenuated weatherproof enclosure, 4,ooo gallon sub-basefuel tank, and Kohler Model KCT-AMWA-26ooS, 26oo amp automatictransfer switch •
• Main Jail - Packaged hot water heater system including three (3) ACEBoiler model B:5Gs with :,5o5 gallon storage tank to replace domesticwater heating system
• Main Jail - Cleaver Brooks model CB7oo-loo-15oST steam boilers (2of these) to replace existing steam boilers
:
Escambia County Technical Energy Audit Page 6February 13,2004
Fuel Switching:Natural Gas vs. Electric/Electrode Boilers
SCES has identified an opportunity to achieve substantial energy savings byproviding Escambia County with a means to switch between fuels to meet spaceheating, dehumidification, and selected domestic hot water needs(excluding JuvenileJustice building) at the Main Jail, Juvenile Justice, and Central Booking andDetention Facilities. Currently all of these utilities are served by natural gas firedequipment. Natural gas costs vary. based on the Energy Services of Pensacola (ESP)gas rate (which can change once a year) and the purchase gas adjustment (PGA)charges (which change every month).
SCES proposes to provide electric powered equipment to meet or supplement theselected steam/heating hot water/domestic hot water needs currently served by thegas equipment. Electricity costs will vary daily based on Gulf Power's real-timepricing (RTP) tariff.
At the beginning of each month, ESP provides their PGA cost for that month. Thiswill allow the County to determine the total gas cost during the month. Each day
-. Gulf Power provides their RTP price for the next day, allowing the County to i...: " ....._ :- i..determine the electric cost for the next day. SCES will provide the County with a . _.spreadsheet into which they can enter the PGA each month, calculating the cgst-" :_:neutral electric price. Any day that the RTP price is below this cost neutral pri_, tile: "County will experience savings by utilizing the new electric boilers in lieu of the gas " " "boilers. Changeover from one system to the other will be automated. If loadsincrease beyond the capacity of the gas boilers, the electric boilers will be able tosupplement the loads of the gas boilers.
Escarnbia County Technical Energy Audit Page 7February 13,2004
Southern Company Proposed Scope of Work
Southern Company Energy Solutions proposes the following scope of services,including turnkey design/build construction, on-goingmaintenance services, andproject financing, in accordance with the existing Energy Survey and GuaranteedEnergy Savings Contract Master Agreement between Escambia County and SCES(PD 96-97.74):
Turnkey Desiqn/Build Construction - Provide project management, engineering .design, and construction services for the previously mentioned Scope of Work. SCESwill furnish and install all necessary labor, materials, and equipment for theinstallation of the following equipment:
Option #1• ' PROPANE-AIR BACKUP SYSTEM _ sCES will provide and install two (a)
propane-air vaporizer/mixing stations and associated storage tanks. Onesystem will be located behind the main jail, and the other system will belocated in the agreed upon area behind the cooling tower yard near the CBDFfacility. These systems will be piped into the main gas piping lines servingtheir respective facilities. SCES will demolish existing building in location Ofnew propane-air backup system serving the jai L
• The proposedco-s{f0r these services is $486,574. Through diligefit .County".' ....... management and- a proven vendor partnershii_;: the d0gf-s_ivirigs associa_ted --.... , _.
with Owner Direct Purchasing (ODP) of capital equipment ar Eappr0ximately$6,75o. ': "- 'L_.,..:.-_:_ ,-,-. -
"" , " _ - .
Option #2 ..• PROPANE-AIR BACKUP SYSTEM- As described above.
" • ELECTRIC BOILER ADDITION- SCES will install a new electrode boiler
servingthe jail and juvenile detention, and a new electric boiler serving CBDF.SCES will provide and install all piping,: heat exchangers, controt valves, -.................................controls integration, circulating pumps, etc. as required. SCES will provideand install a new code-compliant weatherproof enclosure to house.the newelectrode boiler and accessories serving the Jail facility. This new enclosureshall aesthetically match the exterior of the existing Jail building, with asecond floor Guard House on Boiler Room. SCES will furnish windows,e_erior stairs with landing; lay in ceiling, interior bathroom enclosure, andinsulation for the guard house (second story). The new Boiler Room/GuardHouse ,will be approximately 17'5"x17'5". SCES will provide water closet,lavatory, air conditioning and electrical service with loo-amp electrical panel.This Boiler House/Guard House to be located in the Sally Port area. SCESwill rework fencing as required. Install gate controls to control gate at SallyPort. Enclosure shall be placed 0n a new concrete slab.
Escambia County Technical EnergyAudit. Page 8FebruaJ'] 13,2004
• The proposed cost for these services is $1,914,538. Through diligent Countymanagement and a proven vendor partnership, the cost savings associatedwith Owner Direct Purchasing (ODP) of capital equipment are approximately$27,920.
Option #3• PROPANE-AIR BACKUP SYSTEM- As described above.• ELECTRIC BOELER ADDITION- As described above.
• EMERGENCY ELECTRIC GENERATORADDITION- 8CES will provideinstall a new 15oo kW generator with enclosure and sub-base tank andautomatic transfer switch. New generator will be located behind the CBDFfacility.
• GAS BOILER REPLACEMENT- SCES will demolish two (2) existing steamboilers and one (1) existing domestic hot water boiler in existing jail boilerplant. SCES will install new steam boilers and new domestic hot Water boilerin existing jail boiler plant in iipproximate location of existing equipment.New equipment will be of equal capacity as existing. Temporary domestic hotwater capacity will be provided by SCES during replacement of the JailFacility boiler plant.
• The proposed cost for these services is $2,796,959- Through diligent Countymanagement and a proven vendor partnership, the cost savings associated
with Owner Direct Purchasing (QDP)Lo.f capital equipment are approximately.......... $55,730. ..... " - " - :=: :::--:_-==_= _''''' ....... : ..... ".... ".......
Included in these services is the installation"of a!!uncterground piping and necessaryelectrical infrastructure necessary for successful 0peration of these systems,including all necessary surveying and existing utility coordination. SCES willprovide all equipment, onsite commissioning, and customer acceptance
.. testing/training..The estimated schedule for complete tfirnk6y design/buildconstruction is bvelve (12) months from the issuance of a purchase order to SCES.
Proiect Financinq - Payment for the above services will be based upon monthlybilling from SCES in the form of "percent complete" progress payments inaccordance with Article 3.8.4 in the existing Master Agreement. SCES may providethe option for a financing vehicle for the implementation of this project, including allnecessary escrowed construction interest (as shown in the attached Cash Flowanalysis). The preliminary terms of this financing would be as follows:
> 7-year term (equal quarterly payments), first payment due 12 months afterexecution of financing documents/purchase order.
> APR to be finalized upon execution of purchase orderEstimated quarterly payments:
• Option #1; $21,128 (4.49%)• Option #2:$82,675 (4.36°-4)• Option #3:$121,525 (4.49%)
> All equipment will be free and clear of all liens and encumbrances upon thereceipt of the final payment.
Escambia County Technical Energy Audit Page 9Februap/ 13,2004
> Upon request from Escambia County, the final terms and conditions of afinancing agreement would be negotiated.
On-qoinq Maintenance Services - SCES will provide a preventative maintenanceprogram for the propane-air vaporizer/mixing stations and associated storage tanks.Our service contract provides bi-annual preventative maintenance, troubleshooting,and technical training. This agreement is a bi-annual check (major and minor),preventative maintenance, and a complete audit of your LP standby plant, includinga list of any recommended changes.or replacements. The agreement does notinclude additional service calls or the cost of damaged components. Should yourequire additional on-site service, you will be billed at a preferred rate plus material.The preventative maintenance visits will include the following:
• Repair any worn or damaged components (if possible).• Verifymixed-gas,quality (specific gravity testing).• Check and repair any gas leaks on the standby system and piping.• Clean all burners and solenofds (on standby system)..• Check belt(s) on pump set(s).• Check and control Ph level on waterbath (if applicable).• Perform operating plant load-test and complete system audit.• Provide intensive training on standby operation and troubleshooting.• Tune-ana"adju_tp_:dsshre S_i:tches. .-• ..Unlimi{ed telei_hbne Suppbrt221 hours a day. .• Customize.d troubleshooting guide-• Suggested isa-rt_,fist.''-_:-:5:--:::-:.. _ .... :_ .: "• Upda{e Ws{eifii.@iii_al:.........:.... 7:---
The Preventative Maintenance Agreement heavily emphasizes operations trainingiaridK_ubleghB/Stifig skills.- These services will be contracted on an annual basis andwill be cancelable by either party for any reason, with at least 3o days notice.Comperisation for the gfindal maint6nanCe se-rvices Willbe due at thebeginning ofthe year (determined_by date of purchase, order issuance, upon completion of theturnkey cons{ruction services estimated to be October, 2oo4). The-proposed cost forthe first Year's services is $6,250. The equipment vendor Energys USA, Inc., as asubcontractorto SCES, will provide these services. The escalation applied to thepropane air system preventive maintenance contract shall be defined by the previousyears average annual consumer price index (CPI)- all urban consumers. This valuemay be found on the U.S. department of labor web site (http://www.bls.gov) as the12 months percent change.
Escambia County Technical Energy Audit Page 10February 13,2004
I
C"
Escambi'a County - CBDF, Jail, Juvenile Justice, Sheriff's Admin, Energy Savings & Cash Flows
Capffal C_SlIUCIION Cost: $ 486,574 I intelest RE¢Ie: 449o1o
Conslrucllon Financing $ 18,833 ' Inflalion Rale: 30%
Total Construction Cost $ 505,407 Discount Rate: 30%
Ouarledy Paymenl $ 21.126 Alternative Investment (Avoided Cal_tal): $
Simple Payback (Years): 2,71
Projected Savings Escambta County Payments Escambia County Cash Flows
: ' , A9ernat_ve % el SavingsElectrical Supply Natural Gas Supply _ Total Lease Investment (.4 voided Net Capital Lease , Contribution to Cash
Year Tarnl Rate Change Tardl Rate Change Total Savings Annua#zed Savings Payments Capital Cost_ Payment OdM Payment Total Net Payments Nat Cash Flow Flow
O $ $ $ $_ $ $ ' " $ " $ $ $ O'/,
1 $ $ 169,547 $ 169,547 $ 162,972 $ 84.512 $ :_ ,' , $ 84,512 $ 8,147 $ 90,659 $ 78,668 41_,_
2 $ $ 174,634 $ 174,634 $ 192,972 $ 84,512 $ $ 94,512 $ 6,393 $ 90,905 $ 83,729 43'_C
3 $ $ 179,673 $ 179,673 $ 192,972 $ 64,512 $ $ 84,512 $ 6,649 $ 91,161 $ 88,712 46%
4 $ $ 165,2691 $ 185.269 $ 192,972 $_ 84,512 $ ' $ 84,512 $ 6,915 $ 91,427 $ 93,842 49%
6 $ $ 190,627 ! $ _90,827 $ , 192,872 $ 84,512 $ " _ $ 64,512 $ 7,191 $ 91,703 $ g9,124 51':_
6 $ $ 196,552 $ 196,552 $ 192,972 $ 84,512 $ " _ _ $ 64,512 $ 7,479 $ 91,991 $ • 104,561 54a,_
7 I $ $ 202,449 $ 202,449 $ . 192,972 $ 64,512 $ $ 94,512 $ 7,778 $ 92,290 $ 110,158 57_/,8 I $ - $ 208,522 $ 208,522 $ 192,872 $ $ ' .- $ $ 8,699$ 8,069s 200.483 104o/,g Is $ 2_4.776s 21,.778s . _92.872$ : i.i 9 $
IS] $ 8,413$ 6.413 $. 2O8,365 107=1,
10 $ 221,221 $ 221,221 $ 192.972 $ $ $ $ 8,749 $ 6,749 I$ 212,472 110_
11 I $ $ 227,658 $ 227,658 $ 259,338 $ $ ": • _ $ $ 9,099 $ 9.099 $ 218.758 84°/,
12 I $ $ 234.693 $ 234,693 $ 259,338 $ $ _' $ $ 9,483 $ 9,463 $ 225,230 87°/,13 $ - $ 241,734 $ 241,734 $ 259,338 $ " $ " _" $ $ 9,842 $ 9,842 $ 231,892 69°/_
14 $ $ 248,986 $ 248,986 $ 259,338 $ " _ " $ , . i " $ $ 10,236 $ 10,236 $ 238,751 92_
15 $ $ 256,456 $ 256,456 $ 259,338 $ "' $ ! $ $ • t0,645 $ 10,645 $ 245,811 g5_A
16 $ $ 264,149 $ 264,149 $ 259,336 $ $ $ $ 11,071 $ 11,071 $ 253,079 98°/,
17 ' $ $ 272,074 $ 272,074 $ 259,336 $ $ $ . $ 11.514 $ 11 514 $ 260,588 100°/,
16 " . $ $ 280,236 $ 260,236 $ 259,936 $ $ ' $ $ 11,974 $ 11,974 $ 268,262 103%
19 $ $ 288,643 $ 269,643 $ , 259,338 ' $ $ $ $ 12,453 $ 12,453 $ 276,190 106°/,20 $ $ 297,302 $ 297,302 $ 259,336 ' $ $ $ - $ 12.951 $ 12,951 $ 284,351 110°/,
}$ i 4,555,603 l$ 4,555,803 $ 4,523,106 $ 591,584 $ i 591'564 $ 134,972 774,636 $ 3.761.1683,390,949 $ 3,390,949 $ 542,330 $ 542,330 $ 183,052 $ 677,302 $
NPV @ 3% $ 1,695,475 I $ 1,695,475 $ 1,695,475 $ .542,330 $ 542,330 $ 64,229 $ 696,556 $ 1,066,91670yeerNPV@3% $ 3,390,949 $ $ , 2713647
Natural Gas Supply Tamf Rate(GIT) Change savings figures are based upon the ESP natural gas meier cost savings due to a fate tardf change to an Interruptible Supp y Ra e RTP
ualized Savings credlls assoclaled wit6 New fuel plocurement tariffs, used for Simple Payback calculations, Savings were annualized to reflect years 1-10 and 11-20 separa e yPayments fo_ new energy Infrastructure, 7 year term, based on 4.49% intefesl rales,
Capital Lease Payment Is the effective lease paymenq by Escambla County resulting from the energy infrastructure lease payment, offset by the expected Alternative Investmenl lease payment.Costs paid to SCES for Mainlenance o_ propane-air system equipmenl (paid anually with option le cancel for convenience ager current year contract),
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Escambia County - CBDF, Jail, Juvenile Justice, Sheriff's Admin, Energy S_vings & C_shiFIowsOpT_ .....
Capital Construction Coat: $ 1,914,636 , _, ; Interest Rale: 4 36%Cons[toct.'c.n Financing $ 7t,889 ; ! ' In]lateen Rate: 30%
TotalConstrucgon Cos1 S 1,986,427 Discounl Rate: 30%
QuarlertyPayment $ 82,675 _ AllemativelnveslmentIAvoJdedCapital): $ (66,635)Simple l_ayback (Years): 5,0g
Projected Savings L Escambta County Payments Escambla County Cash Flows
!AlternarJve % of Savings
Electrlca/ Supofy Nature! Gas Supply Total Lease Investment (A_idec Net Capl!al Lease COIllnbufton to CashYear Tarrif Rafe Cttange Tenlf Rata Change Tolat Savin_t$ Anoualized Savlnqs Payments CapJtal Coat_ , pat,moot O&M Payment TofaI Net Paymeot5 Net Cash FIOw Flow
O $ I $ S $ $ $ $ • 0%1 $ 134.669 I $ 228,681 i 363,550 $ 413,778 $ 330,700 $ _11,063 319_637 $ 34,347 353,984 9,5661 2%
2 $ 138.915 I $ 235.541. $ 374_456 $ 413r778 $ 330.700 (11.063 $ 319.637 $ 34.593 354.230 $ 20.226 5%3 $ 143r083 ! $ 2421608, $ 385r690 $ 413.778 $ 330.700 {11.063 $ 31gr637 $ 34.849 3541486 $ 3_1204 8%4 $ 147.375 $ 249.886 397261 $ 413.778 $ 330.700 (11.063 $ 319.637 $ 35.115 3541752 $ 421509 10%5 $ 1511796 257.382 4091179 $ 413.778 $ 330.700 (11r063 319.637 $ 35.391 355.028 $ 54.150 t3%6 $ 156.350 265104 421ra54 $ 413.778 $ 330.70_ $ (11.063 S 319T637 $ 35.679 $ 355.316 $ 66.138! 16%
7 $ _61t041 S 273,(_57 43A,098 S _'13r77_, S 33_17_3 S _1_t053} $ 3_cJ,£'37 S 35,976 $ 355'515 $ 78,s._2 ' 19%8 $ 165.872 :$ 281.249 $ 447.121 $ 413.778 $ - $ $ 36,289 3_.289 $ 410.631 99%
9 $ 170.848 289.686 i $ 460.534 $ 413.778 $ _ _ $ 36.613 36r613 $ 423.921 102%10 $ 175.974 296r377 I 474350 $ 413.778 $ . $ 36.949 36.949 $ 437.401 106%_1 $ 161.253 3071328 488561 $ 556.083 $ $ $ 37r299 37.299 $ 451r281 8t%12 $ 186.690 316.546 503.238 $ 556.083 $ $ $ 37.663 37.663 $ 465.575 84%
13 $ 192.29t I $ 326.044 $ 518_335 $ 556T083 $ $ $ 38.042 I $ 38.042 $ 480.293 88%14 $ 198.060 $ 335r826 533.885 $ 556.083 $ $ $ 38.436 I $ 38.436 $ 495.450 8g%
15 $ 2041002 345.900 : 549t902 $ 556.083 $ $ $ 38.645 I $ 381845 $ 511r657 92%16 $ 2101122 356t277 i 566.399 $ 556.083 $ $ $ 39r271 I $ 39r271 $ 527.128 95°/=
17 $ 216.425 366.966 5831S91 $ 556.063 $ $ $ 39.714 I $ 39.7t4 $ 5431677 95%18 $ 222r918 377.975 600893 $ 556r083 $ $ $ 40.174 I $ 40.174 $ 560.719 t01%
19 $ 229.606 I $ 3891314 $ 618_919 $ 556r083 $ $ $ 401653 ! 401653 $ 578r266 104_
20 $ 236.494 ! $ 400.993 $ 6371487 $ 556.083 $ - . $ - $ 4_.15_ 41.15_ $ 596.336 _07"_
Totals t i 3t623,982 I $ 6,144,742 I $ 9,768,723 I $ g1696,613 I $ 2,314,900 I $ (77,440) $ 2,237,460 I $ 747,052 I $ 2,984,512 I $ 6,784,2,2 110 year NPV @ 3% 1_348.690 $ 2._86.809 $ 3.6351500 $ 3.635.500 $ 2.122.165 $ (70.9921 $ 2.O5_r173 $ 3H.997 $ 2.3S3_169 $ 1._72.33020 }'ear NIRV @ 3% 2.697.381 $ 4.573.618 $ 7.276.99g $ 7._70.g99 $ 2.122.165 $ 70.992 $ 2.051.173 $ 567.103 $ 2618.276 $ 4.652.723
I, Electncal Suppty Tam! Rate Change savings Jiguras ate based upon Ihe Gull Power electric meter cost savings ¢_ueto a r_te tarnf change to Real Time Pricing (RTP)2, Natural Gas S_pp/y Tern{ Ftate(GIT) Change savings ligures are based upon the ESP natural g_s meter cosl savings dL_etO e rate tarrif change to an Interruplibl_ Supply _ate (RTP)3 Annual_zed Savings cre_i!s associated with New _uelprocurement tarilfs, used for Simple Payback calculatio'_s Savings were apnuallzed to rellect years 1-10 and I _-20 separalely4, Lease Paymet_ts Iol new energy i_hsstructure, 7 year term, based c.1 4.49% interest races.
5 Alternative Investmenl tigures are the _inaneed payments _7 year _elm) tot Ihe previousty budgeled _ain Ja_ guar_ lower proiect6. Net Capital Lease Payment is 1he of lectUre _ease payment by Esca_bia County resulting from Ills energy infrastruclure lease paymenl, olfsel by the expected Alternative Investment lease paymenl
7. O&M COSTSp=id to SCES tot MainlenaP,ce of propane-air system equipment (paid anually w_Ihqptlor_ to cancel for convenience after currenI year contraCl) and tile approximate coal paid IO Gul_ Powel Company lol the leasing of all new elec ri¢al lacililias
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Escambia County - CBDF, Jail, Juvenile Justice, Sheriff's Admin, Energy Savings & Cash Flows . .OPT 3 ' '" ' ' Interest Rate: 449%
CapitalConstruction Cost: $ 2,798,656 i ": " i Inflation Rate: 3.0%Construction Financing $ _08,328 : . Dlscounl Rate: 30%
Total Construclion Cost $ 2,906.964 i AIternafve Investment (Year 1 Avoided Capital): $ (466.635)QuaderlyPayment $ 121,525 ! ' : Age[naSvelnveslmenl(Year2AvoldedCapltal): $ (120,000)
; ! Simple Payback (Yea_s): 5.99
Projected Savin_Ts _ _ ! 1 Esc_mbia County Payments Escambla County Cash Flow9
: Alternative % of Savings, , 4Electtica! Supply Natural Gas Supply 7"eta/Ltd,.so Inves men (Avo ded Net Cap8al Lease
Year Tarrif Rate Change Tamf Rate Chan_e Total Savin_s i _ Annuafized Savings Payments ! L Capital Cost_ Payment O&M Payment Total Net Payments Net Cash Flow ContrlbutionFiowtOCasho $ $ $ ',: I$ .' $ " _':_ : _i' I $ $ $ - ,$ eel,1 $ 150,450 $ 228,681 $ 388,131 $ 441,755 $ :' "i 486,100 $_ . ! (77,81E $ 408,290 $ 34,347 $ 442,638 ! $ (54,507) -12°/,,
2 $ 164_233 $ 236,541 $ 399,775 $ 441,755 $ _" 1456.100 $ ', 197,619) $ 388,281 $ 34,593 $ 422,674 $ (23,0891 :5o,_
3 $ 1691160 $ 242,608 $ 411,766 $ 441,755 $ "_ } :496,100 $ (97,619} $ I 366,861 $ 34,649 $ 423,130 $ (11,359) -3_A
4 $ 174,235 $ 249,686 $ • 424,1.21 $ 441,755 $ :- I _486,100 _$' (97,619) $ .t 386,851 $ 35,115 $ 423=396 $ 725 0_
5 $ 179;462 $ 257,382 $ 436,_45 $ 441,755 $ I _56,100 $ (97,819} $" ': 3B8,281 $ 35,391 $ 423,672 $ 13T172 3°/`6 $ 184.846 $ 265,104 $ 449,950 $ 441,755 $ !.486,t00 $ (97,819) $ 388,281 $ 35,679 $ 423,960 $ 26.990 6=/,
7 $ 190,391 $ 273,057 $ 463,448 $ 441,755 $ i d86;100 $ (97,9191 $ 388,281 $ 35,978 $ 424,259 $ 39,189 9°/,8 $ 196,103 $ 281,949 $ 477,352 $ 44_,755 $ " $ (20,010) $ {20,010 $ 36,280 $ 16,260 $ 461,072 104°/_9 =$ 201r986 $ 289,686 $ 491,672 $ 441,755 $ $ $ $ 36,613 $ 36,6t3 $ 455,060 103°/,
10 $ 205r046 $ 298,377 $ 506,423 $ 441,755 $ $ , $ $ 36,949 $ 36,949 $ 469T473 106_,11 $ 214,287 $ 307,326 $ 521,615 $ 593r682 $ " - $ i $ $ 37,299 $ 37,299 $ 494,3_6 62_/,
12 $ 220,716 $ 318,548 $ 537,264 $ 593,682 $ _ - $ :! $ $ 37,663 $ 37,663 $ 400,600 84_/`13 $ 227,337 $ 326,044 $ 553,382 $ 593,662 $ $ $ - $ 36.042 $ 38,042 $ 515,340 97_
_1 14 $ 234,157 $ 335,925 $ 569.983 $ 593,682 $ ' _ $ $ $ 38.436 $ 38,436 $ 531,545 go°/,15 $ 241,169 $ 345,900 I $ 587,083 $ 593,662 $ ': $ $ $ 36,845 $ 38,845 $ 548r238 92°/,
16 248,418 $ 356,277 $ 604,695 $ 593,652 $ $ $ $ 39,271 $ 39,271 $ 565,424 95_/,
17 255,670 $ 368,966 $ 622,836 $ 593,692 $ $ $ $ 39,714 $ 39,714 $ 583it22 98°/_15 263p546 $ 377p975 $ 64t,521 $ 693,662 $ $ $ $ 40,174 $ 40,174 $ 001,347 101_/,
19 271,453 $ 389r314 $ 660,767 $ 593,682 $ $ $ $ 40,653 $ 40,653 $ 820,114 104_,20 279,596 $ 400,093 $ 680,590 $ 593,682 $ $ - $ $ 4t,151 $ 41,15_ $ 639,438 108°/_
Totals $ 4;264r477 $ 6p1441742 $ 10,429r218 $ 3F402,700 $ 747,052 $ 31465,018 $ 6p9641200
10r354'3687,752.615$$ (684t734) $ 2,717_966 $ 567.103 $ 4,700,09910 year NPV @ 3% _ 1,594,498 $ 2,286r809 $ 3,891,307 $ 3,881,307 $ 3,119,097 $ (623,984) $ 2,495,413 $ 311,997 $ 2r607,409 $ 1=073_89620 _ear NPV @ 3% 3,168,997 $ 4,573,616 $ 7.762,615 $ 3,119,397 $ . (693,984) $ 2,405,413 $ 3,062,516 $
J
_. Electrical Supply Tardf Rate Change savings figures are based upon 1he Gulf Power elecIric meter cost savings due to a rate tardf change to Real Tim_ Pricing (RTP), also included ere the savings associated with self generation vs. purchasing all elecGenerator Capacity Interrupled (%): 75% Diesel Fuel Pricing(S/gel): $1.10 IAvg. Most Expensive 250 RTP hours from the last 6 years: $ 0,0766
Fuel Consumption (gal_r): 783 Annual Run lime (hours): 250 I "
2. Natural Gas Supply Tarfif _ate(GIT) Change savings figures are 'dased upon the ESP natural gas meter cost savings due to a rate tardf change to an Interruptibre Supply Rate (RTP).
3. Annuafzed Savings credits asset[at ed with New fuel procurement tariffs and potential _TP economic dispatch of the new emergency generator. Savings were annualized to reflect years 1-10 and 1120 separately,
4, Lease Payments for new energy infrastructure. • year term. based on 4.49% interest rates. I
5, Alternative Investment figures are the financed paymenls (7 year lerm} for the previously budgeted CBDF emergency generator, Main Jail guard tower! and Main Jail Building boiler replacement projects.The exisllng gas b_lers are original to the building and are
culrently in the 24tb year o] a 25 year rated Igespan, The 2003 ASHRAE Handbook, Chapter 36, Table 3 provides the _ndustty standard for mechanical e_uipment life expectancy of 26 years.
8, Net Capital LeaSe Payment Is the effective lease paymenl by Escambia Counly resulting from the energy 9_ffaslructure Iease poymenL offset by the e!pocled Alternative Investment lease payment,
7, O&M Costs paid to SCES Ior Maintenance of propane*air system equipment (paid anuarIy with option to cancel for convenience afte cu ran yea cent act) and the app oxknate cost paid Io Gull Power Company for the leasing or a5 new slecldca_ facilities "
: Central Booking and Detention Facility BuildingNatural Gas Cost Savings due to Interruptible (GIT) Rate Tariff Change
Adjustment ActualTotal Cost Usage at Total Cost at $/MCF atat $8.00 per $5.00 per $5.00 per $5.00 per Monthly
Reading Date # Days MCF MCF MCF MCF Rate Savings6/2/2003 31 $ 19,595 $ 7,915 $ 14,552 $ 9.19 $ 5,0437/2/2003 30 $ 18,242 $ 6,920 $ 13,821 $ 9.99 $ 4,421
7/31/2003 29! $ 18,664 $ 7,150 $ 14,100 $ 9.86 $ 4,564
8/28/2003 28 $ 20,750 $ ' 6,675 $ 15,804 $ 11.84 $ 4,9469/29/2003 31 $ 20,170 $ 7,335 5 15,475 $ 10.55 $ 4,695
10/31/2003 32 $ 20,548 $" 7,550 $ 15,7t8 $ 10.41 .$ 4,82912/3/2003 33 $ 19,138 $ 7,490 $ 14,334 $ 9.57 $ 4,804
1/2/2003 29 $ 21,216 $ 9,820 $ 14,979 $ 7.63 $ 6,2362/4/2003 32 $ 19,538 $ , 8;940 $ 13,845 $ 7.74 $ 5,692
3/5/2003 31 $ !8,1i4.,$.. :71265 $ 13,473 $ 9.27 $ 4,64141312003 28 $ 24,074 $ 7,760 $ 19,157 $ 12.34 $ 4,9175/1/2003 28 $ 20,818 $ 8,025 $ 15,715 $ 9.79 $ 5,104
Annual Total $ 240,867 $ 92,845 $ 180,974 $ 59,893
= I
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:!i _'_i_ '_Main'JaiI.B[iilding
Natural Gas Cost avi gsdue to;Inteptib!'e (GIT) Rate Tariff Change• ,,:.... ,j,;, , .. ,; ' ,., I " [
. i , , J J i
,:_LAdjustment Actual; TotalCost at Usage at Total Cost at $/MCF at
$8.00 per $5.00 per $5.00 per $5.00 per MonthlyReading Date # Days usage MCF MCF MCF MCF Rate Savings
6/2/2003 31 1,585i000 $ 19,620 $ 7,925 $ 14,574 $ 9.20 $ 5,046
71212003 30 1,454,000 $ 19,134 $ 7,270 $ 14,499 $ 9.97 $ 4,634713112003 29 1,357,000 $ 17,747 $ 6,785 $ 13,411 $ 9.88 $ 4,336812812003 '28 1,328,000 $ 17,814 $ 6,640 $ 13,568 $ 10.22 $ 4,246912912003 31 1,552,000 $ r21,295 $ 7,760 $. 16,338. $ 10.53 $ 4,95711/1/2002 28 1,7481000 $ 17,761 $ 8,740 $ 12,180 $ 6.97 $ 5,581
12/3/2002 32 2,566,000 $ 24,532 $ 12,830 $ 16,422 $ 6.40 $ 8,11011212003 291 2,6401000 $ 28,298 $ 13,200 $ 19,979 $ 7.57 $ 8,319
21412003 32! 2,923,000 $ 31,534 $ 14,615 $ 22,344 $ 7.64 $ 9,19031512003 31 2,185,000 $ 26,911 $ 10,925 $ 20,014 $ 9.16 $ 6,897
41312003 28 1,844,000 $ 28,476 $ 9,220 $ 22,660 $ 12.29 $ •5,8175/1/2003 28 1,615,000 $ 20,944 $ 8,075 $ 15,810 $ 9.79 $ 5,134
Annual Total $ 274,065 $ 113,985 $ 201,797 $ 72,268
I
Juvenile Justice Building• Natural Gas Cost Savings due to Interruptible (GIT) Rate Tariff Change
Total with AdjustmentTax & Fees Usage at Total Cost Actual $/MCF
at $10.00 $5.00 per at $5.00 per at $5.00 per MonthlyiReading Date # Days Usage (CF) per MCF MCF MCF MCF Rate Savings
9/29/2003 31 217,700 $ 3,506 $ 1,089 $ 2,333 $ 10.71 $ .1,17410/31/2003 32 275,600 $ 4,503 $ 1,378 $ 3,017 $ 10.95 $ 1,486
12/3/2003 33 344,700 $ 5,400 $ 1,724 $ 3,541 $ I0.27 $ 1,8591/2/2003 29 490,000 $ 6,460 $ 2,450 $ 3,818 $ 7.79 $ 2,6422/4/2003 32 597,500 $ 7,932 $ 2,988 $ 4,710 $ 7.88 $ 3,2223/5/2003 31 465,700 $ _ 6,893 $ ' 2,329 $ 4,382 $ 9.41 $ 2,5114/3/2003 28 356,800 $ ' 6,431 $ 1,784 $ 4,507 $ "12.63 $ 1,9245/1/2003 28 301,100 $ 4,634 $ 1,506 $ 3,010 $ 10.00 $ 1,6246/2/2003 31 254,900 $ 3,765 $ 1,275 $ 2,391 $ 9.38 $ 1,3747/2/2003 301 212,300 $ 3,303• $ 1,062 $ 2,158 $ 10.17 $ 1,145
J1,086 $ 2,181 $ 10.05 $ 1,1717/31/2003 29 217,100 $ 3,352 $ ,8/28/2003 28 190,600 $ 3,009 $ 953 $ 1,981 $ 10.40 $ 1,028
AnnualTotal L $ 591.8-7 $' _19,620 $ 38,029 $ 9.97 $ 21,158
Sheriff;s Admin!strati0n, Building :Natural Gas Cost _Savings due to Interruptible (GIT) Rate Tariff Change
i Total With Adjustment i;
' Tax & Eees .Usage at .Total Cost Actual $/MCF' at $10.00 .$5.00 per at $5.00per at $5.00 per MonthlY
Reading Date # Days Usage (CF) per MCF_ ,' ,=.,,MCF MCF MCF Rate Savings
9/29/2003 31 165,9J30 $ " 2,675 $iiii:_. 830 $ 11781 $ 10.73 $ 89510/31/2003 321 222,900 $ 3;645 $: 1,115 $ 2,443 $ 10.96 $ 1,202
12/3/2003 33, 320,800 $ 5,026 $.:,' 1,604 $ 3,296 $ 10.28 $ 1,7302,164 $ 3,368 $ 7.78 $ 2,3341/2/2003 29; 432,800 $ 5,702 $i
2/4/2003 32 539,000 $ 7,157 $! 2,695 $ 4,250 $ . 7.89 $ 2,9063/5/2003 31 339,700 $ 5_032 $! 1,699 $ 3;200 $ 9.42 $ 1,832
4/3/2003 281 222,600 $ 4,197 $, 1,113 $ 2,997 $ 13.46 $ 1,2005/1/2003 28 198,700 $ 3,062 $" 994 $ 1,991 $ 10.02 $ 1,071
6/2/2003 31 173,000 $ 2,560 $' 865 $ 1,627 $ 9.40 $ 9337/2/2003! 30 156,800 $ 2,443 $ 784 5 1,597 $ 10.19 $ 845
7/31/2003 29 106,200 $ 1,646 $ 531 $ 1,073 $ 10.11 $ 573
8/28/2003 28 131,400 $ 2,078 $ 657 $ 1;370 $ 10.43 $ 709
_.nnual Total I $ 45,222 $ 15,049 $ 28,993 $ 10.06 $ 16,229
- i, _ ,,i i_ ,_
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- , , '.
Central Booking and' Detention Facility BuildingElectricity Cost Savings due,to Real Time Pricing (RTP) Rate Tariff Changei
. i
Date kWh Peak kW Cost S/kWh RTP S/kWh RTP Cost Savings
January 593,400 1230 $ 30,933 $ 0.052 $ 0.038 $ 22,678 $ 8,255February 516,600 984 $ 26,211 $ 0.051 $ 0.038 $ .19,743 $ 6,468March 479,400 1020 $ 26,316 $ 0.055 $ 0.038 $ 18,321 $ 7,995
April 537,000 1074 $ 27,686 $ 0.052 $ 0.038 $ 20,523 $ 7,164May 613,800 1128 $ 30,685 $ 0.050 $ 0.038 $ 23,458 $ 7,228June 811,200 1248 $ 36,225 $ 0.045 $ 0.047 $ 37,891 $ (1,666)IJuly 694,200 1284 $ 34,718 $ .0.050 $ 0.047 $ 32,426 $ 2,292iAugust 695,400 1254 $ 341488 $ 0.050 $ 0.047 $ 32,482 $ 2,006September 816,600 1224 $ 38,1'85 $ 0.047 $ 0.047 $ 38,143 $ 42October 590,400 .1152 $ 30,135 $ 0.051 $ 0.038 $ 22,563. $ 7,572November 484,400 1068 $ 26,238 $ 0.054 $ 0.038 • $ 18,512 $ 7,726December 459,000 1092 $ 25,294 $ 0.055 $ 0.038 $ 17,542 $ 7,753
• Annual Total 7,291,400 $367,115 $304,283 $ 62,832
Main Jail Building
Electricity Cost Savings due to Real Time Pricing (RTP) Rate Tariff Change
Date kWh Peak kW Cost S/kWh RTP S/kWh RTP Cost Savings
January 223,413 370 $ 11,041 $ 0.049 $ 0_038 $ 8,538 $ 2,503February 226,865 571 $ 12,989 $ 0.057 $ 0.038 $ 8,670 ! $ 4,319March 216,012 510 $ 12,080 $ 0.056 $ 0.038 $ 8,255 $ 3,825
April 235,335 371. $ 11,500 $ 0.049 $ .0.038 $ 8,994 $ 2,506May 231,777 662 $ 12;052 $ 0.052 $ 0.038 $ 8,858 $ 3,195June 247,150 , 699 $ 14,291 .$ 0.058 $ 0:047 $ 11,544 $ 2,747July 232,911 I 685 $ li4,066,. $ 0.060 $ 0;047 $ 10,879 $ 3,187August 245,502 , 698.$!i..4,782,:i$ 0.060 $ q.047 $ 11.,467 $ 3,315September 245,631 393 $ 1;1,999 $ 0.049 $ 0.047 $ 11,473 $ 526October 229,7.46 _ 524 $1,1,674/. $ •0.051 $ 0.038 $ 8 780 $ 2,894November 231,578 i 462 $:111,473.i$ 0.050 $ 0.038 $ 8,850 $ 2;623December 219,672 ' 378 $ 10;924 $ 0.050 $ 01038 $ 8,395 $ 2,529
Annual Total 2,785,592 :: :_. " $114,705 $ 34,167•i i,
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JuvenileJustic_:_BuildingElectricityCost SavingsiduetoReal.TimePricing(RTP)RateTariffChange
Date kWh :Peak kW Cost , S/kWh • RTP S/kwh RTP Cost Savings
January 94,800 _ 198 $ 5,298 $ 0.056 $ 0.038 $ 3,623 $. 1,675February 93,350 202 $ 5,083 $ 0.054 $ • 0:038 $ 3,568 $ 1,515March 82,560 187 $ .4,528 $ 0.055 $ 0.038 $ 3,155 $ 1,373
April 86,280 184 $ 4,663 $ 0.054 $ 0.038 $ 3,297 $ 1,366May 87,840 180 $ 4,705 $ 0.054 $ 0.038 $ 3,357 $ 1,348June 100,440 ; 182 $ 5,237 $ 0.052 $ 0.047 $ 4,692 $ 545
July 89,520 179 $ 4,768 $ 0.053 $ 0.047 $ 4,181 $ 586August 93,000 215 $ 5,110 $ 0.,055 $ 0.047 $ 4,344 $ 766September 103,800 185 $ 5,385 $ 0.052 $ 0.047 $ 4,848 $ 536October 90,480 178 $ 4,801 $ 0.053 $ 0.038 $ 3,458 $ 1,344November 81,360 161 $ 4,334 $ 0.053 $ 0.038 $ 3,109 $ 1,225December 88,920 182 $ 4,760 $ 0.054 $ 0.038 $ 3,398 $ 1,362
Annual Total 1,092,350 $ 58,672 $ 45,031 $ 13,641
.ti t.
_., i •
i
Sheriff's Administration BuildingElectricity Cost Savings due to Real Time Pricing (RTP) Rate Tariff Change
Month kWh Peak kW Cost S/kWh RTP S/kWh RTP Cost Savings
January 116,332 222 $ 6,231 $ 0.054 $ 0.038 $ 4,446 $ 1,785February 116,104 28_ $ 6,687 $ :0.058 $ 0.038 $ 4,437 $ 2,250March 97,208 251 $ 5,859 $ 0.060 $ 0.038 $ 3,715 $ 2,144
April 108,807 199'$ 5,675 $ 0.052 $ 0.038 $ 4,158 $ •1,517May 101,477 317 $ 6,757 $ 0.067 $ 0.038 $ 3,878 $ 2,879June 106,661 296 $ 6,619 $ 0.062 $ 0.047 $ 4,982 $ 1,637
July 97,742 333 $ 6,669 $ 0.068 $ 0.047 $ 4,566 $ 2,103iAugust 101,081 338 $ 6,788 $ 0.067 $ 0.047 $ 4,721 $ 2,066
September 111.,099 347 $ 7,2351 $ 0.065 $ 0.047 $ 5,189 $ 2,045October 108,353 282 $ 6,461 5 0.060 $ 0.038 $ 4,141 $ 2,320
_ovember 110,440 326 $. 6,061 '$ 0.055 $ 0.038 $ 4,221 $ 1,840December 111,071 204 $ 5,8861 ;$ 0.053 $ 0.038 $ 4,245 $ 1,642
Totals 1,286,375 347 $ 76,928! _$ 0.060 $ 0.041 $ 52,699 $ 24,229
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Central Booking and Detention Fa'cility,'Bqilding and Main Jail Building
Energy Commodity Procurement Cost:due toElectric/Gas Boiler "Fuel Switching"
Electrode
Forecasted Electrode Boiler Avg T Boiler Boiler Hot
: Gas Cost Operational Boiler Input Hours Electrode • Operating ,_.. " # of Days Operational StandbyMonth ($/MCF) Cost ($) kW Operate d Boiler kWh . R'FP. $) Add. kWh Cost Operated # of Starts Cost ($) Cost ($) $ Savings
January $ 7.60 $ 33,181 1,198 456 546,448 $0.0375 $ 20,471 11 8 $ 12,166 $ 192 $ 352February _$ 7.69 $ 351253 1,263 672 848,957 $ 0.0368 $ _ 31,259 2 1 $ 2,350 $ 286 $ 1,358March $ 9.22 $ 31,124 898 72C 646,868 $ 0.0378 $ 24,452 0 C $ $ - 367 $ 6,305
April $ 12.32 $ 37,271 792 720i 570,383 $'0.0384,1 $ • 21,883 0 O. $ $ 491 $ 14,898May $ 9.79 $ 27,360 722 720: 519,895 $ 0.0367 ! $ 19,063 0 0 $ $ 390 $ 7,907June $ 9.19 $ 24,791 692 648 448,652 $ 0.(_437 $ 19,626 3 2 $ 2,479 $ .330 $ 2,366July $ 9.98 $ 23,190 580 720 417,370 $0.04671 _; _ 19,484 0 0 $ : $ 398 $ 3,308August $ 9.87 $ 22,483 566 624 353,006 $ 0.0471 $ 16,626 4 2 $' 2,998 $ 341 $ 2,519Septembe $ 11.03 $ 23,456 520 720 374,573 $0.0457 $ 17,135 0 0 $ $ 439 $ 5,882October $ 10.64 $ 26,452 636 720 457,949 $ 0.0381 $ 17,452 0 0 $ $ 420 $ 8,580Novembe $ 8.69 $ 24,390 726 720 522,619 $ 0.0383 $' 20,014 0 0 $ $ 346 $ 4,030Decernbel $ 7.98 $ 29,400 991 720 713,365! $ 0.0385. $ 27,442 0 0 $ $ 318 $ 1,639
$ 9.49 $ 338,351 799 8160 6,420,087 $ 0.0404 $ 254;907 20 1 $ 19,994 $ 4,318• $ 59,133
o_
GU LFPOER
February 6, 2004 _,5ournEaN ¢O_,_pA._v.
Mr. John Hartman
Escambia County Facilities Managementi00 E Blount StreetPensacola FL 32501
............ : ...... ::rDear-John:--- : _-..-. : =_
This letter is to confirm Gulf Power's commitment to offer the Real Time Pricing
(RTP) rate at the Jail, Juvenile Justice, Sheriffs Administration Building and new 3.4• _ .- megawatt {MW) boiler complex. If, according to plans, the 3.4 MW electrode boiler
is installed-and the metering is rewired tO primary metering for the entire complex,
the project would qualify for the RTP rate. Gulf Power would offer this rate under..-:. the standard terms and conditions for this rate schedule. The contract period for this .. _ <.
.2-_7 =: J ' 7_ _ "_gf4 '_h_itl'lse"f6_a period of one (1) year. All facilities beyond the metering point ._:_ _:-" -........ . would either be leased on a monthly basis or purchased from Gulf Power by ' "
Escambia County• If the facilities are leased, Gulf Power would be responsible for ..... -Z -- :_"
:':_-": _'"": : " maintaining these facilities• If they are purchased from Gulf Power, Escambia ::{-:" " _ _
-_ ........ County wguld 15eresponsible for the maintenance of these facilities• " ' " ._) _--
As always, it is a pleasure to have the opportunity to serve Escambia County. If you ....have any questions or I can be of any further assistance, pIease feel free to give me a
................. call at 429-2619. _ .
Sincerely,
John E McDanal
Manufacturing/Municipal Team Leader
POWERA SOUTHERN COMP_.N't
February 6, 2004
Mr. John HartmanDirector
ESCAMBIA COUNTY FACILITIES MANAGEMENT .....•100 E Blount St
Pensacola FI 32501
Dear John:
• T • •
This letter is to confirm Gulf Power s comrmtment to offer tti_ Real Time Pricing ......
(RTP) rate at the Central Booking and Detention Facility (CBDF) considering the
expected capital improvements. If, according •t_ pl_ns, the 2.0 MW electrode b0iler is ......installed and the metering is rewired to prifiia@ nietering;-_tie-CBDF compiei wotald _- _ -
qtialify for the RTP rate. Gulf Power would offer this rate under the standard termsand conditions for this rate schedule• The con(ract-Speriod fg_:this rate shall be for a
period of one (1) year. All fadilities beyondJl)e metering point would dither beleased on a monthly basis or purchased from Gulf power by Es-cambia County. If thefacilities are leased, Gulf Power would be responsible for maintaining these facilities.
If theyare purchased from Gulf Power, Escambia County would be responsible forthe maintenance of these facilities.
As always, it is a pleasure to have the opportunity to serve Escambia County• If you
have any questions or I can be of an_¢ further assistance, please feel free to give me acall at 429-2619.
Sincerely,
John E McDanal
ManufacturinJIvIunicipal Team Leader
Natur_ Gas.The Natural Choice.ENERGy 'SERVICES OF PENS._,COLA
l
February 16, 2004
Ms. Cathy GomezChief, Telecommunications & UtilitiesEscambia County Facilities Management100 East Blount Street
Pensacola, FL 32501
RE: Jail/CBDF Gas Service
Dear Cathy,
•. Energy Services ofPensae01a (ESP) has been in discussions whh Southern CompanyEnergy Solutions, LLC (SCES) regarding a potential project that would allow Escambia
• Count_, to experience the financial benefit offered by ESP's haterruptible natural gas rate.
- The project includes the following: ......¢_. - . .......... _ ... ._.
1. Combining _e gas meters currently serving the Escambia County lail (5212-• "5-:[:!- .[.:: .': ......... 1610-010 at 65 MCF/day) and Iuvenile lustice Center (5212-1391001 at 11
MCF/day) into a single me_er averaging approximately 76 MCF/day.
- 2.- Combining the gas meters curreudy serving the Central Booking and DetentionFacility (5212-1680-013 at 59 MCF/day) and Sheriff's Administration Facility
..... (5212-1270:012 at 10 MCF/day) into-a-single meter averaging approximately 69MCF/day.
.3. Providing two sepa.,Tatebackup fuel sources - one for each of the new combinedmeters:
If $CES completes the above project, Escambia County's usage charges for natural gaswould decrease from $10.00 p.er MCF to $5.00 per MCF at the Juvenile JUstice Centerand Sheriff's Administration Facility. Escambia County's usage charges .for natural gasat the Jail and Central Bookir_g and Detention Facility would decrease from $8.00 perMCF to $5.00 per MCF. The rate changes could go in'to effect starting on September 18,2004, if the project is completed at that time.
] S Palafo_ _lace
_O. 8ox 12¢310
P ansacol_,, Fio,_da
32S21-Q062[
(6 ,@_1)4:_6-505a
Fax(8501436-5055www.espnaturat_as.¢orn
page 2/ jail-cbdf gas service
ESP has always had an ir/terruptible rare option, and does not anticipate this rare option
going away in the future. Shou/d you have any quest_orts regarding this information,please do not hesitate to call.
Sincerely,
/ ....y" i.arryI-I_nter
Senior M_keting Represe_ta.tive . . •..................Registered C_mraercial Gas ConsultantEnergy Services of Pensacola
__ C_c_:Chad Griffith\ SCES
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APPROXIMATELOCATIONor _ I " "
NEWBUILDINGFORELECTRODE
BOILER _ _1
[_ .MA,NJA,L °_'i
METERFOR
MAINJAIL : I _. '_'
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J.D.C.HEATINGHOT WATER _,SYSTEMFORCONNECTION/ _ '_TO NEWSTEAM BOILER_ i _
. ti ::JUVENILEDETENTIONCENTER r-_
(J.D.C.)
" dalei
o2102/2oo4
revised
file no.
03213
sheet IM-IA I
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' ,,-- APPROXIMATELOCATION'OF 1.
i NEWAIR-GASSTATION i' " _ ,_,IG OUT CHANGEIN TO GAS PIPING BETWEEN 9+._ _"
DIRECTIONANDFUSION BUILDINGANDPRESSUREREGULATOR. _ __WELDTHEJOINTTHEN INCLUDECHECKVALVETOAVOID _ ,_
BACKFEEDINGTHEGASMETER. =i _
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,DETENTIONFACILITY° _t_ F) revised/ BD_) , , .
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i,l ;///////////////;'//////] ..... sheet
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4
ERNIELEE MAGAHA
Esc_mbi_County,FL............. Clerk of the CircuitCourt
_y 14, 2004 02:52pmReceipt# 20043T082Or_er [_RAWERIESCAMBIACOUNTYPURCHASING
Operator: djkAmount 51.00
Instrument# 2004-239719TypePBONDBook# 5408 P_ge# 1906 Time14:52
RecordingFee 51.00Reference:
6721 51.O0CK
ii