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State Energy Performance ContractingModel Request for Proposals issued by Governmental Unit to Contractors

Provided by EMNRD as technical assistance to eligible Governmental UnitsAgency legal review recommended

March 23, 2012

REQUEST FOR PROPOSALSfor Energy Performance Contracting Services

for [Agency]

TABLE OF CONTENTS

RFP: Instructions and Administrative Information

ATTACHMENTS

Attachment A: Special Contract Terms and Conditions

Attachment B: Proposed Project Schedule

Attachment C: ESCO Response

Attachment D: Evaluation Criteria

Attachment E: Technical Facility Profile

Attachment F: Model Investment-Grade Energy Audit and Project Proposal Contract

Attachment G: Model Guaranteed Utility Savings Contract

Attachment H: Financing Bid Package

Attachment I: ESCO Application for EMNRD Certification

Attachment J: Other This could include legislation statutes that apply to energy savings performance contracting, executive orders related to energy efficiency, etc.

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1. Overview and Background [Agency] [Note: include complete name of Governmental Unit that would issue a contract] (hereinafter referred to as Agency) seeks proposals from Energy Services Companies (ESCOs) to conduct an Investment-Grade Energy Audit of facilities and implement a Guaranteed Utility Savings Contract. The selected ESCO will identify and implement building upgrades to reduce utilities and related costs in facilities, such that the resulting annual cost avoidance is applied to annual payments for upgrades.

ESCOs are notified that certifications will be required, pursuant to New Mexico Statutes Annotated (NMSA 1978), 6-23-5. Approval of Guaranteed Utility Savings Contracts shall be given upon: certification by the Energy, Minerals and Natural Resources Department (EMNRD) that the

Qualified Provider of energy conservation measures meets the experience requirements set by the Department and the guaranteed energy savings from the energy conservation measures proposed appear to be accurately estimated and reasonable; and

certification by the Office of the State Engineer that the Qualified Provider of water conservation measures meets the experience requirements set by that Office and the guaranteed water savings from the water conservation measures proposed appear to be accurately estimated and reasonable.

The scope of work includes: Investment-Grade Energy Audit and Project Proposal : A contract for the Investment-Grade

Energy Audit will be developed with the selected ESCO. This Investment-Grade Energy Audit will identify and evaluate energy conservation measures and define the proposed project scope, cost, savings and cash-flow over the proposed financing term. A project proposal will present recommended energy conservation measures that can be financed through guaranteed utility savings and a measurement and verification plan to verify savings for each measure

Implementation, Commissioning, and Financing : A Guaranteed Utility Savings Contract will be negotiated following the Investment-Grade Energy Audit. This establishes the project scope and costs, and provides for implementation, as well as follow-up measurement and verification (M&V) services to be provided during the financing term. A financing agreement will be developed by others in a separate process with Agency.

Post-Construction Guarantee/Monitoring : After implementation of energy conservation measures, the ESCO will offer a variety of services to ensure savings are met, such as a savings guarantee, staff training, M&V services, and contract maintenance services.

2. Proposal Submittal and Selection Process 2.1 POLICIES

2.1.1 All submittals shall become the property of the Agency and will not be returned. 2.1.2 EMNRD will certify the Qualified Provider as described in the Overview above.

2.2 SUBMITTAL INSTRUCTIONS

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2.2.1 All submittals shall become the property of the Agency and will not be returned. 2.2.2 Late submittals shall not be evaluated. 2.2.3 Agency reserves the right to reject any or all proposals on the basis of being

unresponsive to these guidelines or for failure to disclose requested information. 2.2.4 Agency shall not be liable for any costs incurred by respondents in the preparation

of submittals and proposals nor in costs related to any element of the selection and contract negotiation process.

2.2.5 Pre-proposal ConferenceSee Selection Process below for details.

2.2.6 Communications Regarding This RFPQuestions and requests for clarification on this Request for Proposals must be submitted in writing following the instructions posted in the Notice. No verbal inquiries will be addressed.

Communication with Agency officials, the Selection Committee, or others associated with the Agency with regard to this Request for Proposals is prohibited.

2.3 SUBMITTAL FORMAT 2.3.1 Prepare proposals to respond to the items in the ESCO Response to Request for

Proposals (Attachment C). Follow the same sequence and state each number and question prior to your response.

2.3.2 Submit Proposal Cover Sheet and submit five CD or DVD copies of the submittals. Each copy of the CD or DVD shall include only two files, both in the .pdf format. The Response (Attachment C) shall be converted in entirety to a single .pdf formatted file and submitted on the CD or DVD. Similarly, the requested sample Investment-Grade audit report shall be converted in its entirety to .pdf format and copied as a single file onto the same CD or DVD. Security protection of the pdf file is allowed, but printing shall be enabled.

2.3.3 Deliver proposals to:[Address]Attn: [contact or agency]No later than: [date and time]

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

TASK DATE/TIME

1. RFP Published

2. Pre-Proposal Conference

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3. Prospective Offeror(s)’ written inquiries

4. Responses to Inquiries

5. Proposal Submission

6. Proposal Review Period

7. Interviews (if required)

8. EMNRD Review and Certification

9. Notice of Intent to Award

10. ESCO Contracts TBD

2.4 SELECTION PROCESS 2.4.1 Pre-Proposal Conference and Site Visit. A site meeting and tour of the facilities

will be held prior to the proposal due date. The purpose of the Pre-proposal Conference will be to review the requirements of this RFP and answer questions from ESCOs in attendance. The site visit is optional. No follow-up tours, additional access to buildings, or alternative dates for tours will be allowed unless offered to all respondents. The site visit does not need to be mandatory as the facility information provided in the appendix should be adequate for the ESCO to determine whether to respond to this RFP. An optional site visit is recommended.

DATE: [Date]TIME: [Start time to End time]Hold a 30-minute meeting to describe the process, timeline, expectations, etc. Offer a tour of a few key facilities over the next one hour. There is no need for ESCOs to visit all facilities.

LOCATION: [Building nameMeeting RoomPhysical address Directions]

2.4.2 Review of Written Proposals. Proposals must be prepared as described in Attachment C: ESCO Response. Proposers within the competitive range will be invited to participate in the interviews.

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2.4.3 Interviews. Interviews will provide an opportunity for clarification of the written proposal. ESCO representatives at the interview should include individuals who will be key points of contact and have major responsibility for contract negotiation, engineering and design, construction management and follow-up monitoring. Each interview may be tape-recorded. Scores from the written proposal will be modified based on clarifications and the top-ranking ESCO will be considered for award.

2.4.4 Final Selection. Final reference checks will be conducted with the apparent awardee (top-ranked ESCO) prior to making the final selection. An award will be made to the selected ESCO.

3. Scope of Work3.1 PROJECT PHASES OF GUARANTEED UTILITY SAVINGS CONTRACT

3.1.1 Investment-Grade Energy Audit and Project Proposal PhaseAgency must have funds available to pay for the audit in the event that performance contract is not later executed. These funds must be allocated/encumbered at the time of signing of the audit contract and will be unencumbered in full when the performance contract is executed.

The ESCO and the Agency will execute the Investment-Grade Audit and Project Proposal Contract (Attachment F). This contract sets specific expectations and provides a detailed process for both the ESCO and the Agency. The contract also defines the deliverables to the Agency and establishes the basis for the Guaranteed Utility Savings Contract to follow. It incorporates current state statutes that directly relate to energy performance contracting: the Public Facility Energy Efficiency and Water Conservation Act and the Energy Efficiency and Renewable Energy Bonding Act (Attachment I).

The Investment-Grade Energy Audit will identify and evaluate energy conservation / cost avoidance measures and define the proposed project scope, cost, cost avoidance and cash-flow over the proposed financing term. A project proposal will present aggregated measures that can be financed through guaranteed savings.

3.1.2 Guaranteed Utility Savings Contract (Construction, Implementation, Commissioning, and Financing Phase)Upon satisfactory completion of the Investment-Grade Energy Audit, the Agency will have the option to execute a Guaranteed Utility Savings Contract (Attachment G) with the ESCO to implement the recommended project. The Guaranteed Utility Savings Contract will define the final agreed upon scope of work and all its associated costs and mutual responsibilities between the ESCO and the

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

Upon execution of the Guaranteed Utility Savings Contract, the ESCO proceeds to final design, construction, and commissioning of the improvement measures.

Financing Agreement. A separate financing agreement will be developed including ESCO payment schedules and lender financing terms and schedules. The ESCO will solicit financing companies on behalf of the Agency using the bid documents in Financing Bid Package (Attachment H). The ESCO will solicit bids from a minimum of three financing companies, prior to negotiation of the Guaranteed Utility Savings Contract. Agency will make the final selection.

3.1.3 Performance PeriodThe Performance Period of the Guaranteed Utility Savings Contract begins upon construction completion and acceptance by the Agency. The Guaranteed Utility Savings Contract will include a number of services the ESCO will provide until the end of the contract including, but not limited to, measurement and verification of savings, the savings guarantee, staff training, and, possibly, contract maintenance services.

3.2 ESCO SERVICESIt is tempting to develop a prescribed scope of work, detailing exactly what projects the ESCO should undertake in your facilities. This is not recommended, however, because it is very valuable to use the ESCO’s technical expertise to help identify and assess the opportunities that are most cost-effective or most valuable for your facilities instead of pre-determining the scope.

ESCO must have the demonstrated capability in engineering and management to provide a broad range of services. Services may include but are not limited to the following:Investment-Grade Energy Audit and Project Proposal Phase

Investment-Grade Energy Audit to evaluate costs and savings of a variety of energy and water-saving measures

project proposal including financial analysis benchmarking using Energy Star tools measurement and verification plan utility bill data services to capture credits from utility bill errors

Construction/Implementation/Commissioning and Financing Phase engineering design equipment procurement and purchasing

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construction management hazardous waste disposal or recycling ability to arrange financing commissioning

Guarantee/Monitoring Phase continuing operations and maintenance for all improvements staff training on routine maintenance and operation of systems training of occupants guarantee of performance and cost avoidance for the entire term of the contract measurement and verification for measurement and reporting of the performance and

savings provide for independent review of monitoring & verification (guaranteed savings pay

for independent ESCO) analysis and application for Energy Star Label and/or LEED-EB (Leadership in

Energy and Environmental Design for Existing Buildings, by the US Green Building Council)

monitoring and reporting of emissions reductions maintaining long-term, high-efficiency performance of buildings

ESCO must have the technical capability to address a broad range of systems including, but not limited to:

Mechanical Systems . Heating, ventilating and air conditioning (HVAC) systems, energy management and control systems, domestic hot water systems, distribution systems, etc.

Plants . Distribution systems, cogeneration systems, etc. Lighting systems . Indoor and outdoor lighting systems, lighting controls, daylighting

strategies. Building envelope systems . Windows, insulation, weatherization, etc. (It is

recognized that window replacements are rarely cost-effective, but could be considered as part of a comprehensive plan.)

Specialty Systems : laundry equipment, kitchen equipment, pool systems, renewable energy systems.

LEED-EB : LEED-EB strategies to improve operations and maintenance practices. ENERGY STAR : Use of Portfolio Manager. Water and Sewage Systems . automatic controls, low-flow faucet aerators, low-flow

toilets, cooling tower modifications, pool covers, and irrigation system controls or modifications.

Desired projects . Identify any specific needs or desires that you think must be included in a performance contracting project, or projects that are of particular interest to you. Keep in mind that the ESCO should be given the flexibility to use its own expertise to determine a broad scope of work, so avoid using this section to pre-define the scope of work.

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3.3 BUILDINGS, FACILITIES AND APPROACH All facilities owned, managed or operated by Agency at any time during the term of the performance contract will be considered for this work. Specific facilities now operated by Agency are listed in Attachment E: Technical Facility Profile. Additional facilities not yet identified that are under the jurisdiction of the Agency at any time during the term of the Guaranteed Utility Performance Contract can be included in the scope of work in a contract amendment. List all buildings in Attachment E even if delayed for future work.

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ATTACHMENT A: SPECIAL CONTRACT TERMS AND CONDITIONS

Governmental Units Related to Legislation. Eligible governmental units are state government agencies, municipalities, K-12 public schools, and higher educational institutions (NMSA 1978, 6-23-2C).

Qualified Provider Certification. ESCOs are notified that certification as a Qualified Provider will be required, pursuant to NMSA 1978, 6-23-5B . Approval of Guaranteed Utility Savings Contracts shall be given upon:

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

certification by the Office of the State engineer that the Qualified Provider of water conservation measures meets the experience requirements set by that Office.

Contract Documents. The Model Investment-Grade Energy Audit and Project Proposal Contract (Attachment F) and the Model Guaranteed Utility Savings Contract (Attachment G) will be used.

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

Allowable Measures. As outlined in NMSA 1978, 6-23-2B and 2G, measures generally include: Modifications or installations to a facility, building, system, vehicle, landscape Operational changes Training programs Combined heat and power systems Solar energy generation and renewables Maintenance and operation management systems Traffic control systems Alternative fuel options and accessories for vehicles

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

Funding Sources to Support Annual Payment. Allowable cost savings are defined in NMSA 1978, 6-23-2A and 2F, and generally include cost avoidance of:

Energy costs Water costs

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Other utility costs Vehicle-related costs Operating budget costs resulting from energy or water conservation measures.

Savings from future upgrades or planned equipment upgrades, equipment life extension, engineering fee reduction, in-house labor, improved learning environment and training costs are not allowed.

Other Considerations Material/commodity savings, only in years when savings are achieved, including

avoided costs such as lamp and ballast replacements, scheduled replacement of parts, etc. This category is often recommended to help increase the scope of work through added source of funds; thorough documentation and review is critical to ensure these anticipated savings are verifiable.

Maintenance cost savings such as terminated service contracts on equipment. Equity cash Outlay: At option of Governmental Unit, an equity cash outlay, pending

funding approval, may be used. Maintenance and operation cost savings: Savings will be limited to those that can be

thoroughly documented and approved. Such savings must only be attributed to the cash flow in years when savings will actually occur.

Financing Term. The maximum financing term is 25 years, not to exceed the expected useful life of the most durable energy or water conservation measure (NMSA 1978, 6-23-3A, 3C, and 3D). The ASHRAE1

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

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

An annual contractual guarantee will be provided (NMSA 1978, 6-23-3B(1) and 6-23-4), where savings are guaranteed to the extent necessary to make payments for the conservation measures. The guarantee must provide for the sum of identified cost savings to equal or exceed the amount of the annual payment, where annual payment equals lease plus monitoring & verification fee plus required service, each and every year while the guarantee is in effect.

Annual Savings Exceed Annual Costs. Annual savings shall exceed annual payments each and every year. This means that excess savings in other years and interim savings during the construction period will not be allocated to meet shortfalls in any year. Annual payments include debt service, ESCO fees, maintenance services, monitoring services, and other services.

Interim Savings during Construction Period. Savings accrued during the construction period will not be allocated to the annual savings of any year. See “Annual Savings Exceed Annual Costs” above.

1 American Society of Heating, Refrigerating, and Air-Conditioning Engineers

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Excess Savings (beyond the guaranteed amount). Excess savings will be retained by Agency and will not be allocated to shortfalls in savings in other years. See “Annual Savings Exceed Annual Costs” above.

Use of Stated Cost Markups and Margins. The individual cost markups and margins disclosed in the proposal will be used as maximums in both the Investment-Grade Energy Audit and the Guaranteed Utility Savings Contract, provided the size and scope of the project remain similar. Cost markups and margins presented in the proposal can be negotiated downward.

Open Book Pricing. Open book pricing will be required, such that the ESCO will fully disclose all costs, including all costs of contractors and vendors. ESCO will maintain cost accounting records on authorized work performed under actual costs for labor and material, or other basis requiring accounting records. ESCO will provide access to records and preserve them for a period of three (3) years after final payment. Costs will be evaluated through price analysis to compare costs with reasonable criteria such as established catalog and market prices or historical prices. Stated cost markups will be clearly applied.

Contingency. Any unused contingency cost will not be retained by the ESCO and will be applied to the project.

Equipment Compatibility or Standardization. All equipment installed that is comparable to similar equipment at the facilities, shall offer compatibility with existing systems, and/or be of the same manufacturer for standardization of equipment Agency-wide, unless excepted by Agency. You could include name of existing controls system, or a requirement for open systems or devices, if new controls systems will have to be compatible with an existing brand of controls.

Annual Appropriations. Annual payment is subject to annual appropriations.

Inflation and Escalation Rates. Any inflation rates will be pre-approved by Agency.

Energy Escalation Rates. Where the annual lease-purchase payments are set-up to escalate each year in anticipation of annually escalating energy cost avoidance, a calculator will be used to determine the maximum value as developed by the US Department of Energy for energy savings performance contracts in its Federal Energy Management Program. The Energy Escalation Rate Calculator is on-line at http://www1.eere.energy.gov/femp/information/download_blcc.html#eerc.

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

Independent Review of Measurement and Verification. The Guaranteed Utility Savings Contract may provide for a portion of the guaranteed savings for Agency to contract with an independent monitoring & verification specialist to provide an independent review of the ESCO’s monitoring & verification plans and reporting. This is estimated to be 10 percent of the ESCO’s monitoring & verification costs.

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



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

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ATTACHMENT B: PROPOSED PROJECT SCHEDULE

The following schedule is the proposed schedule, and may change during the project.Change week numbers as needed. Consider holiday or seasonal schedules if they are the best times for construction.ACTIVITY DATE

RFP Phase

ESCO Selection and Award Week 8Refer to Submittal Schedule. Consider time needed for Qualified Provider certification by Energy, Minerals and Natural Resources Department; Board approval, if necessary; and official announcement.

Investment-Grade Energy Audit Phase

Contract Negotiation Weeks 9-11Allow two weeks for negotiations. Reserve time to negotiate cost markups as maximum markups were given in the proposal response. Also negotiate the scope and level of the audit. Otherwise, this contract is simple and straightforward.

Board approval and signatures to execute contract Week 12 Allow sufficient time based on past experience with contracts in your department.

Audit, Final Report and Presentation Weeks 11-22Allow time for several meetings during this process, so that there is sufficient discussion for agreement.

Guaranteed Utility Savings Contract Phase Negotiation and Documentation Weeks 23-30It is very important to allow sufficient time to review the contract and meet several times with the ESCO to ensure thorough understanding of contract elements, to discuss and negotiate project scope and costs, and to fully document the contract to incorporate project schedules, maintenance agreements, and other project-specific documents. Its time well-spent, as a thorough understanding and documentation of expectations could avoid future conflicts.

Board approval and signatures to execute contract Weeks 31-34Allow sufficient time based on past experience with contracts in your department. To save time, request legal review and approval during the RFP stage.

Installation To be negotiated

Commissioning/Monitoring Phase

Commissioning To be negotiated

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Monitoring To be negotiatedStaff Training To be negotiatedOther To be negotiatedProposed Contract Term To be negotiated

This schedule is subject to change.

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ATTACHMENT C: ESCO RESPONSE

To ESCOs responding to this RFP: For small projects, please limit your responses to a level appropriate for the scope of the project. An electronic copy of this RFP section is available for easier preparation. Please number and re-state each subheading or question, followed by your response. Number all pages.

COVER SHEET See cover sheet example at the end of this attachment.

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

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

2.0 PROJECT HISTORY2.1 Relevant Experience – Overview of Strengths

Briefly summarize your project histories to define your firm’s strengths and the relevance of past work to this project (experience similar to this project in terms of size, scope, facility type; experience with types of retrofits applicable to this project; etc.).

2.2 Project ListList all Energy Savings Performance Contracting projects developed and implemented by your firm within the past five years. Only include projects where work was directly conducted by your company. If it is relevant to list projects performed under contract to another firm, clearly identify the firm with overall responsibility for that project and the project’s relevance to this RFP response. Include projects in a similar market sector and with a similar scope of work and similar scale of potential projects.

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Project Name/Owner

FacilityType

City & State

Project Size

(Dollars)

ProjectSize

(Square Feet)

Year Completed



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2.3 Project ReferencesProvide detailed information on Energy Savings Performance Contracting projects you want to showcase that have similarities to work related to this proposal, and projects your firm completed that can be used for references. Similarities could include type/use of building, size of individual buildings, size of total expected project, technical scope of projects, geographic region (work in this state or similar type of metro/rural region).

All projects listed should be those conducted only by your firm. If you deem it relevant to list projects under contract to a different firm, clearly identify the name of firm responsible for the project and indicate why you’re including it as a reference for your company and for this project.

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

Project Identification: Owner name, city/state, facility type (hospital, school, college, city, county, etc.)Contact Information: Names and contact information of owner(s) representatives who can serve as referencesProject Type: Energy Savings Performance Contracting or other typeProject Size: Number of buildings and total project square footageProject Dollar Amount: Total contract amount and the total project capital expenditure amountSource of Funding: A description of the source of funding used for the project and the company’s role (if any) in securing that fundingProject Dates: Actual dates of audit start and acceptance; Actual construction starting and ending datesContract terms: A description of the type of contract, financing arrangement, and contract termProject Personnel: A list of the name(s) of individuals involved in the project, their role(s) and if these personnel will be assigned to the state’s projectsProject Schedule: Indicate if project was completed on schedule and an explanation if notList of Improvements: The types of retrofits and operational improvements implemented related to energy, water and other cost savingsProject Performance: The amounts of projected annual savings, guaranteed annual savings, and actual annual savings for each project in a table as shown below

Units

Projected Annual Energy Savings

Guaranteed Annual Energy Savings

Actual Energy SavingsYear 1





kWh

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kWMMBT

UGallons(Other)

Measurement and Verification: A brief description of the M&V approach for each project including which savings were stipulated, if anyPerformance Guarantee: A description of the savings guarantee for each project and, if the guaranteed savings were not achieved, how the company compensated the Agency for any annual shortfall (e.g. pay funds to meet the guarantee, etc.)Additional Comments: Comments on any special features, services, conditions, creative approaches, special needs of Agency, etc. that may be relevant.

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

3.0 QUALIFICATIONS3.1 History and Focus of Company

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

3.1.2 Years in the Energy BusinessState the number of years the company has been involved in the energy-efficiency related business.

3.1.3 Years in Performance ContractingState the number of years the company has offered Energy Savings Performance Contracting services.

3.1.4 Number of Performance Contracting ProjectsState the number of performance contracting projects completed by the company: number under $1 million in project cost; number over $1 million.

3.2 Financial Soundness and Stability of the Company3.2.1 Financial Soundness

Describe the financial soundness and expected stability of the company.3.2.2 Profitability

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

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

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3.2.4 BondingInclude responses to the following:3.2.4.1 Current bonding rating3.2.4.2 Current bonding capacity3.2.4.3 Amount or percentage of bonding capacity currently obligated3.2.4.4 Current bonding rate3.2.4.5 Confirmation that the company is bondable for 100% of a payment bond

on a project3.2.4.6 Confirmation that the company is bondable for 100% of a performance

bond on a project3.2.4.7 Letter from a licensed surety as evidence of ability to bond for payment

and performance

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

3.4 General Scope of ServicesProvide a brief comment (25 words or less is preferred) for each of the items listed to illustrate the company’s capability in each area.

3.4.1 Energy systems in buildings:Mechanical/Electrical Systems3.4.1.1 Lighting: indoor and outdoor3.4.1.2 Heating 3.4.1.3 Ventilation and indoor air quality issues3.4.1.4 Cooling 3.4.1.5 Control and building automation 3.4.1.6 Fuel switching 3.4.1.7 Central plant 3.4.1.8 Water-consuming Renewables 3.4.1.9 Daylighting3.4.1.10 Solar-electric 3.4.1.11 Solar thermal 3.4.1.12 Geothermal 3.4.1.13 Wind, small-scale or large-scale3.4.1.14 Biomass 3.4.1.15 Distributed generation Specialty Systems or Specific Building Types3.4.1.16 Kitchen or laundry 3.4.1.17 Laboratories, clean rooms

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3.4.1.18 Healthcare hospitals, nursing homes, clinics3.4.1.19 Swimming pools and recreational facilities3.4.1.20 Computer laboratoriesEnergy Management Services3.4.1.21 Energy management 3.4.1.22 Utility bill auditing and bill payment3.4.1.23 Energy Star Portfolio Manager, benchmarking3.4.1.24 LEED for Existing Buildings3.4.1.25 Commissioning/re-commissioning (per the requirements outlined in

Guaranteed Utility Savings Contract – Schedules)Other3.4.1.26 Transportation – fleet fuel management, etc. 3.4.1.27 Other

3.4.2 Project Development and Implementation3.4.2.1 Energy auditing (identify potential energy-saving measures, determine

savings projection based on standard energy engineering principles; estimate project costs; present package of measures with cash flow)

3.4.2.2 System design engineering: mechanical, electrical, etc.3.4.2.3 Procurement, bidding 3.4.2.4 Construction3.4.2.5 Commissioning of projects and retro-commissioning of existing

buildings (per the requirements outlined in Guaranteed Utility Savings Contract – Schedules)

3.4.2.6 Project management3.4.2.7 Identification of asbestos and other hazardous materials and abatement,

recycling or disposal as applicable3.4.3 Core Performance Contracting Services

3.4.3.1 Performance guarantee for every year of the financing term3.4.3.2 Insurance per contract requirements 3.4.3.3 Equipment warranties 3.4.3.4 Ability to facilitate financing including a municipal, tax-exempt lease

purchase3.4.3.5 Measurement and verification of savings (per the requirements outlined

in Energy Savings Performance Contract – Schedules)3.4.3.6 Training: maintenance staff and occupants

3.4.4 Support Services:3.4.4.1 Marketing and promotion of the SEO Energy Savings Performance

Contracting Program3.4.4.2 Long-term maintenance services on energy systems3.4.4.3 Application for an Energy Star Label and LEED certification3.4.4.4 Calculation and reporting of emissions reductions

4.0 TECHNICAL APPROACH

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

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

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

4.3 Baseline Calculation MethodologyA detailed description of the methodology normally used by the company to compute the baseline of energy and water use for a facility. Include a discussion of how the Agency is engaged for development of agreement on the baseline. Note the requirements in the Investment-Grade Energy Audit and Project Proposal and Guaranteed Utility Savings Contract.

4.4 Adjustments to BaselineA discussion of typical factors that can impact the calculated baseline and the company’s general approach to adjusting the calculated baseline if one or more of these factors are present. Include how the Agency is involved for agreement on any adjustments. Note the requirements in the Investment-Grade Energy Audit and Project Proposal and Guaranteed Utility Savings Contract.

4.5 ENERGY STAR Portfolio ManagerDescribe your approach to using ENERGY STAR Portfolio Manager to rank buildings, assess building opportunity and aid in measurement and verification. Note the required use as indicated in the Investment-Grade Energy Audit and Project Proposal and Guaranteed Utility Savings Contract.

4.6 Measurement and VerificationDescribe your approach to M&V and your experience with the latest versions of the International Performance Monitoring and Verification Protocol. Note the M&V processes defined in the Investment-Grade Energy Audit and Project Proposal and Energy Savings Performance Contract.

4.7 CommissioningDescribe your approach to commissioning. Note the commissioning processes defined in the Investment-Grade Audit and Project Proposal and Guaranteed Utility Savings Contract.

4.8 Financing SolicitationThe selected ESCO will be required to solicit bids for financing on behalf of Agency. (Since Agency will sign a separate agreement with the financing company, Agency will

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review bids, select desired firm, and develop the financing agreement.) To solicit bids, ESCO will use the RFP and supplemental information provided in Appendix H (Financing Bid Package). Identify three financing companies that you recommend as qualified to provide

municipal tax-exempt financing for this project. Provide letters of qualifications and references from each firm.

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

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

5.0 MANAGEMENT APPROACH AND CAPABILITY FOR THIS PROJECT5.1 Project Management and Coordination

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

5.1.2 Local Staffing and SupportList the office location (city and state) for personnel proposed. Describe the extent of local staffing and support for the each phase of the project. Describe the relevance or importance of local presence with regard to this project.

5.1.3 Approach to SubcontractingDescribe the types of services (both professional and construction services) that your company offers in-house and the services that will be offered through contractors. Describe the strategy behind in-house vs. contractor use.

5.1.4 Construction ManagementDescribe how your firm would work with current building management and maintenance personnel in order to coordinate construction and avoid conflicts with the building’s operation and use. Describe your flexibility and/or any limitations regarding possible Agency activities such as: management of additional energy and water projects, monitoring of installation and performance of ESCO projects, integration of other identified capital needs with ESCO projects which may or may not contain energy and water saving opportunities.

5.1.5 Agency InvolvementDescribe how you engage the Agency in decision-making regarding project scope, equipment specifications, ongoing operational and maintenance strategies, etc., and how you incorporate Agency’s needs.

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5.1.6 Long-term ServicingDescribe long-term servicing of equipment and systems. State the location of your nearest servicing office.

5.2 Personnel and StaffingProvide a table to show your personnel pool of individuals who will be assigned responsibility for each task and phase of a project. Identify any contractors already selected. Also include any added expertise and capability of staff available through other branch offices, subcontracts, etc., that can provide back-up strengths. Provide resumes in a clearly marked appendix.

A minimum of 3 years experience is required of the supporting team, such as an energy auditor, designer, or contractor, in conducting energy audits of qualified energy projects. Indicate compliance.

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

Name Title Staff or Contractor

Potential Role

Academic/Professional

Qualifications

Level of

Expertise

Base Location

Potential role: technical analysis, engineering design, construction management, construction, training, post-construction measurement and verification, support, and other services. Level of expertise: years in industry or other brief descriptionBase Location: permanent office in the state; on assignment from other state; out-of-state support.

5.3 Site-Specific Capability5.3.1Types of Services.

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

5.3.2Relevant Market Sector Experience/ExpertiseProvide information that emphasizes your company’s experience and expertise in the types of facilities related to this project.

5.3.3Potential Projects. Based on your preliminary assessment of the information provided, describe any equipment modifications, installations or replacements at the facility that your firm would consider installing as a part of this project. Address energy, water and LEED-EB opportunities related to operation and maintenance. Also describe any special features, renewable technologies, or advanced technologies that might be applicable. Describe any special features or services associated with your proposed improvements that would add value to Agency. Describe your approach to achieve compatibility (such as open systems) and/or standardization of equipment in the facilities to be addressed.

5.3.4Project Schedule Comment on your ability to meet the schedule and the reasonableness of the schedule.

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

5.3.6 ENMRD Certification RequirementUnder separate cover, provide the ESCO application as presented in Attachment I. This must be provided to the EMNRD Energy Conservation and Management Division to certify that an Energy Services Company (ESCO) meets the required criteria for a qualified provider as required by the Public Facility Energy Efficiency and Water Conservation Act (NMSA 1978, 6-23).

6.0 COST AND PRICINGResponses to this section only will remain proprietary.

6.1 Cost MarkupsProvide proposed maximum markups in the table below for each category listed. Markups represent a percentage added to the base cost for the project (excluding the cost of the audit).

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

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

Construction CostsProvided by ESCO

(check)Provided through

subcontractor (check)

Maximum Markup above actual costs

(if any)

Contractor Costs (ESCO Costs to ESCO)

Other Direct Purchases of Equipment, Material, Supplies by the ESCO (do not include contractor supplied purchases as they should be included above)Design Project Management Commissioning Training Construction Measurement and Verification Permits (markup allowed only if permits are acquired by ESCO)Performance BondPlease Note: Above table does not include project margins. Project Margins for overhead and profit are presented separately in the table in Section 6.2.

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6.2 Project MarginsIn the table below provide the maximum margins (margins, not mark-ups) that will be applied to any project within this program. Margins represent the percentage of the total price.

Project Margin Maximum % Margin

Overhead Percent

Profit Percent

If a proposal is from a joint venture partnership, include proposed maximum allowable margins in the schedule format above for each participating company.

6.3 Audit Fee Provide the maximum fee to conduct the Investment-Grade Audit and Project Development Proposal, on a cost per square foot basis. The company agrees that the proposed maximum fee shall incorporate its responsibility to adhere to and complete the full scope of work as presented in the Attachment F (Investment-Grade Energy Audit and Project Development Contract).

Proposed Max cost per square foot (sqft)

Investment-Grade Energy Audit and Project Proposal

$/sqft

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

Annual Cost Category How Price is Determined Years Applied (One-time, Annual, etc.)

Warranty Post-Retrofit Measurement & VerificationMaintenance Other: Other: Other:

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6.5 ContingencyDescribe your company’s typical level of contingency budget for lighting, electrical, mechanical, controls projects, and other projects and how it proposes to apply contingency to cover changes in work scope and contractor change orders. Note that all unused contingency funds will revert to the Agency or be applied to additional work scope through a change order approved by the Agency.

6.6 Equipment/Labor Cost CompetitionDescribe your company’s process to solicit bids on equipment/labor or to ensure price/cost competition and the best value for the Agency.

6.7 Open Book PricingOpen book pricing is required as stated in Attachment G: Guaranteed Utility Savings Contract. Describe your company’s approach to open book pricing and the method for maintaining cost accounting records on authorized work performed under actual costs for labor and material, or other basis requiring accounting records.

6.8 Best ValueBriefly describe how your approach to performance contracting delivers best value for the investment. Describe any utility rebates or other financial incentives or grants you can potentially provide and/or facilitate.

6.9 Application of Markups and Fees (Hypothetical Example)Provide a sample of your pricing model using a two-measure performance contracting project. Show the complete detail of what will be provided to the Agency in the actual project using the markups and fees you will commit to in the actual project, as identified above, for all categories, fees and services that will be seen in the actual project.

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

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

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

6.9.1 Provide an example lighting measure that relates to this project in size and scope. Provide all pricing documentation as you will provide it for open book pricing in the final contract. Clearly differentiate the subcontracted portion of the project and break out labor, materials and other categories as you will for open book pricing.

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

6.9.3 Show the two measures above in a complete two-measure performance contracting project. Provide a proforma to clearly indicate all costs and fees represented as they will be applied in the final contract. Use the format and structure you will use in the final contract.

7.0 COMPLIANCE7.1 Compliance with Project and Agency Requirements

State your firm’s commitment to adhere to the following: 7.1.1 Investment-Grade Energy Audit and Project Development Contract

Using the Investment-Grade Energy Audit and Project Proposal Contract (Attachment F), customizing only the project specifics presented in the schedules.

7.1.2 Guaranteed Utility Savings ContractUsing the Guaranteed Utility Savings Contract (Attachment G), customizing only the project specifics.

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

7.1.4 Special Contract Terms and ConditionsAffirm your ability to meet requirements and project terms specified in Attachment A: Special Contract Terms and Conditions.

7.2 Compliance with Legislative Requirements7.2.1 Affirm your understanding of related legislative requirements. 7.2.2 Performance Guarantee: Provide a performance guarantee in the form of a performance

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

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March 23, 2012

PROPOSALFor Energy Savings Performance Contracting Services

COVER SHEET

Publish Date: Date RFP Number: RFP Number

Return all Proposals to:

Mailing Address:

Physical Address for hand-delivery (if different):

Purchasing Agent: Name

Per the attached specifications, terms and conditions

F.E.I.N.: Payment Terms: (Minimum of Net 30)Delivery Date:

Authorized Signature:Typed/Printed Name:

Title:

Company Name:Address:

City: State: Zip:Phone Number: Fax Number:

Contact for Clarifications:Title:

Phone Number: Fax Number:E-mail Address:

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

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March 23, 2012

ATTACHMENT D: EVALUATION

WRITTEN PROPOSALSThe Evaluation Team will identify scoring weights for each section, with the “Cost and Pricing” section equaling a minimum of 30% of the total score of the written response to this RFP. The weights of criteria will be determined by the Evaluation Team. The Evaluation Team recognizes it is premature to place a major emphasis on projected financial benefits prior to the completion of the Investment-Grade Energy Audit, because the audit will define the potential scope and cost benefit. Therefore, the most emphasis will be on qualifications and less emphasis will be placed on the cost information.

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

SELECTIONThe Evaluation Team will identify the apparent awardee and then contact references to complete the evaluation.

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

QUALIFIED PROVIDER CERTIFICATIONESCOs are notified that certification as a Qualified Provider will be required, pursuant to 6-23-5B NMSA 1978. Approval of Guaranteed Utility Savings Contracts shall be given upon:

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

certification by the Office of the State engineer that the Qualified Provider of water conservation measures meets the experience requirements set by that Office.

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March 23, 2012

New Mexico Energy, Minerals and Natural Resources Department (EMNRD)1220 S. St. Francis Dr., Santa Fe, NM 87505 www.CleanEnergyNM.org

(505) 476-3310

Questionaire for ReferencesESCO References will be asked the following questions by EMNRD Energy Conservation and Management Division. The responses will be evaluated and will contribute to the ESCO’s score. The evaluation is needed to certify that an Energy Service Company (ESCO) meets the required criteria for a qualified provider as required by the Public Facility Energy Efficiency and Water Conservation Act (6-23 NMSA 1978).

Application No.

For EMNRD use onlyForm version date: 1/5/11

Question Scoring

Superior = 5 pointsAcceptable = 3 points

Not Acceptable = 1 point

Project Name: Reference: ESCO:

Experience1. Satisfaction with methods of measuring energy savings

Superior Acceptable Not Acceptable Discussion

2. Overall satisfaction with the projectSuperior Acceptable Not Acceptable

Discussion

3. Energy savings achieved to date (actual and/or avoided costs) Superior Acceptable Not Acceptable

Discussion

Management4. Frequency/clarity of ESCO communication with client representatives


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March 23, 2012

5. ESCO responsiveness to specific user requests to resolve problemsSuperior Acceptable Not Acceptable

Discussion

6. ESCO’s coordination of construction scheduling with building staffSuperior Acceptable Not Acceptable

Discussion

7. Ability of contractor to complete project on scheduleSuperior Acceptable Not Acceptable

Discussion

8. Quality of training for facility personnel provided by ESCOSuperior Acceptable Not Acceptable

Discussion

Technical9. ESCO understanding of your facility systems


10. Comprehensiveness of overall assessment of the facility by ESCOSuperior Acceptable Not Acceptable

Discussion

11. Completeness of installed retrofitsSuperior Acceptable Not Acceptable

Discussion

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March 23, 2012ATTACHMENT E: TECHNICAL FACILITY PROFILE

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

The information in this technical facility profile is provided to inform the ESCO about the condition of the facilities. The information was prepared with diligence. The ESCO is responsible for verifying the accuracy, as necessary.

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

Building ListList of Buildings (include all buildings that could be potential candidates either now or in the future; you can always scale-back the project scope during contract negotiations if desired). List only those buildings where you pay the utility bills and have responsibility for upgrades. Include:

o Name of building o Total square footage of conditioned space. o Primary use of building (school, office, etc.)o Year constructed o Year of any major modifications, additions or renovations (briefly describe)o General location of buildings if not all are in one city or one “campus”

Energy and Water Cost & Consumption InformationOnly provide information that is readily available. List the present utility companies that provide electricity, gas, water, etc. Is natural gas or propane used? If propane, is natural gas available in the area? Provide energy use information as available: At a minimum, include annual costs for each of the

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

Past Energy Improvement EffortsOnly provide information that is readily available. Describe any major energy-related changes made during the past ten years (boiler/chiller

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

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

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March 23, 2012Future PlansOnly provide information that is readily available. If not readily available, the ESCO can work with you to collect needed information during the audit phase. Describe any major change planned to occur (additions or renovations; lighting upgrade, major

equipment replacement; decommissioning, demolition or sale; significant change in function or hours of operation in the next 10 years; change in function of building such as from classrooms to offices, change in hours of use such as year-round to seasonal operation).

Describe funding available, planned or anticipated for these improvements. Describe any building improvements that you would like to investigate during this project.

Energy-Using Systems DescriptionOnly provide information that is readily available. If not available, the ESCO can work with you to collect needed information during the audit phases. Heating System: Briefly describe the types of heating systems serving your buildings (boiler,

furnace, rooftop unit, etc.). Also describe the distribution system that delivers heated/cooled air to the rooms (forced air, water, etc.) Describe the age and condition.

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

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

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

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

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

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

Operating InformationOnly provide information that is readily available. If not available, the ESCO can work with you to collect needed information during the audit phases. Describe the typical hours of operation for each facility (weekday, weekend, seasonal). In other

words, when are the lights on and when is the heating/cooling system operated? Describe the janitorial hours (during occupied hours or after hours?) Describe when cooling systems are used and in which buildings

Maintenance PracticesOnly provide information that is readily available. Describe the general maintenance practices (preventive maintenance plan used, skilled or low-skilled

maintenance staff, good or poor funding for maintenance, much or little deferred maintenance, etc.) Describe any known maintenance problems and/or needs associated with deferred maintenance.

Include comfort problems.

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March 23, 2012ATTACHMENT F: MODEL INVESTMENT-GRADE ENERGY AUDIT &

PROJECT PROPOSAL CONTRACT

OVERVIEW:This Investment-Grade Energy Audit & Project Proposal Contract is the first of two contracts with the selected ESCO. The ESCO will complete an Investment-Grade Energy Audit that will include an analysis of each proposed project with projected energy and cost savings and itemized project cost. The ESCO will also propose terms for the performance contract and present a proposal that includes recommended projects, financing term and projected annual cash-flow analysis. The results of the audit will form the basis for a subsequent Guaranteed Utility Savings Contract.

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

Provide this attachment under separate file for easier use. Retain this page with overview as a “placeholder.”

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March 23, 2012

ATTACHMENT G: MODEL GUARANTEED UTILITY SAVINGS CONTRACT

OVERVIEW:This Guaranteed Utility Savings Contract is for design, construction, guarantee, and follow-up monitoring of energy-saving projects. An energy audit was previously completed that identified the costs and savings of each project. The audit provides the basis to develop and negotiate this Guaranteed Utility Savings Contract.

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

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March 23, 2012

ATTACHMENT H: FINANCING SOLICITATION PACKAGE

The complete package is under a separate electronic file for easier use.

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

Table of Contents

Request for Proposal for Financing

Lease ContractNot included; Examples from finance companies are available but they should be customized to meet the state’s statutes.

Financing Proposal Letter

Signature Sheet

Overview of Facility Improvement Projects

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March 23, 2012

ATTACHMENT I: ESCO APPLICATION FOR EMNRD CERTIFICATION

New Mexico Energy, Minerals and Natural Resources Department (EMNRD)1220 S. St. Francis Dr., Santa Fe, NM 87505 www.CleanEnergyNM.org

(505) 476-3310

Energy Services Company ApplicationThe following information must be provided to the EMNRD Energy Conservation and Management Division to certify that an Energy Services Company (ESCO) meets the required criteria for a qualified provider as required by the Public Facility Energy Efficiency and Water Conservation Act (6-23 NMSA 1978).

Application No.

For EMNRD use onlyForm version date: 1/5/11

Contact InformationName of Firm Principal

Contact

Mailing Address (Address, City, Zip Code)

Telephone Numbers

Email

NM RegisteredProfessional

Engineer

Project Manager

Experience

Years experience as energy efficiency

contractor

Number of qualified energy savings contracts

undertaken by firm in past three years

Summarize type and size of

qualified energy savings projects implemented by ESCO or primary

energy management

contractor

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

Name of Firm Principal Contact


Telephone Numbers

Email

Project Responsibilities

Experience, Licenses, and

Certificates



Telephone Numbers

Email



Certificates



Telephone Numbers

Email



Certificates

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March 23, 2012

ATTACHMENT J: OTHER

Statutes

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

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