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HomeMy WebLinkAboutC07-248 Ennovate Corporationr i AGREEMENT REGARDING PROVISION OF PROFESSIONAL SERVICES For a TECHNICAL ENERGY AUDIT of EAGLE COUNTY FACILITIES This Agreement Regarding Provision of Professional Services ("Agreement") dated as of August 14, 2007 is between the County of Eagle, State of Colorado, a body corporate and politic, by and through its Board of County Commissioners ("County"), and Ennovate Corporation, a consulting firm located at 10650 E. Bethany Dr., Suite A, Aurora, CO 80014 ("Consultant"). RECITALS WHEREAS, the County is desirous of completing a technical energy audit to determine and prioritize alternatives for reducing energy use and thus costs, including electricity, gas, and water, in the primary facilities it operates; and WHEREAS, the Consultant has represented that it has the experience and knowledge in energy auditing necessary to complete the services and scope of work in a timely manner as outlined in Article 1 hereunder; and WHEREAS, the County wishes to hire the Consultant to perform the tasks associated with such services outlined in Article 1 hereunder; and WHEREAS, the County and Consultant intend by this agreement to set forth the scope of responsibilities of the Consultant in connection with the services and related terms and conditions to govern the relationship between Consultant and County in connection with the services. AGREEMENT Therefore, based upon the representations by Consultant set forth in the foregoing recitals, for good and valuable consideration, including the promises set forth herein, the parties agree to the following: ARTICLE 1- SCOPE OF THE SERVICES 1.1 Consultant shall provide all labor, materials and equipment necessary to perform and complete the Services described generally as data collection, observation, and documentation from which to develop a final written report of findings and recommendations as more particularly defined in the attached Exhibit "A" incorporated herein by this reference. If there are any conflicts between this Agreement and the attached exhibits, the terms and conditions of this Agreement shall control. The County will assist and work diligently to provide as full and accurate information as possible, as timely as reasonable. 1.2 The Technical Energy Audit and Performance Proposal Contract shall be performed as described below and include the following buildings in Gypsum and Eagle, Colorado: Building Location Building Description Building Name Bldg Use/Purpose Gross Sq Ft. Year Built Eagle Main Campus Eagle Administration Eagle County Building administration 54,938 1991 Eagle Facilities Management Administration FM Building administration 4,149 1991 Eagle OCH Old Court House administration 17,700 1932 Fairgrounds Eagle Animal Services Animal Shelter animal shelter 5943 1998 Eagle Metal building Exhibition Hall events/rental 6,200 1965 Eagle Open arena Eagle River Center Multi -use pavilion 49,550 2006 Justice Center Eagle Justice Center Justice Center jail / court/sheriff 41,579 1986 Eagle Justice Center Annex Justice Center DA/Probation 5,040 1991 Airport Gypsum Administration/ARFF Airport admin/ARFF 13,400 1994 Gypsum Terminal Airport airport business 60,000 1996 Maintenance Service Center Gypsum Bus Storage MSC (Building D) bus storage 20,700 1999 Gypsum Car wash/fueling MSC (Building E) Wash & fuel 1,471 1999 Gypsum R&B Storage MSC (Building G) R & B storage 13,484 1999 Gypsum Operations Building MSC (Building B) Operations/misc 6,523 2000 Gypsum Administration MSC (Building A) administration 8,891 2000 Gypsum Fleet Maintenance MSC (Building C) repair shop 28,039 2000 Total 337,607 1.3 The Consultant will work with the County in an interactive process to validate data and conditions for accuracy. Upon this validation, Consultant will provide the County with five (5) printed copies of the results of the final technical energy audit and one (1) electronic version via compact disc (CD). 1.4 Consultant will offer the County a Performance Contract Proposal within 30 days of the County's acceptance of the final Technical Energy Audit report. The proposal will contain energy and water saving measures, and associated contract costs as outlined in Exhibit B. I ARTICLE 2 - CONSULTANT'S PROFESSIONAL LEVEL OF CARE 2.1 Consultant shall be responsible for the completeness and accuracy of the Services, including all supporting data and other documents prepared or compiled in performance of the Services, and shall correct, at its sole expense, all significant errors and omissions therein. The fact that the County has accepted or approved Consultant's services shall not relieve Consultant of any of its responsibilities. Consultant shall perform the Services in a skillful, professional and competent manner and in accordance with the highest standards of care, skill and diligence applicable to Consultants, with respect to similar services. ARTICLE 3 - TIME OF PERFORMANCE AND TERMINATION 3.1 Consultant shall commence the Services within ten (10) business days after the date of this Agreement. Consultant shall complete the described Services within 75 days of the date of this Agreement. 3.2 County may terminate this Agreement, in whole or in part, for its convenience upon providing notice to Consultant. Upon such a termination, County shall be liable only for Services satisfactorily completed prior to the notice and for unavoidable expenses directly incurred for performance of those parts of the Services which have not been satisfactorily completed, provided that, at its sole option, County may require that Consultant complete particular portions of the Services on a time and reimbursable expenses basis consistent with Article 4 hereof. Upon termination Consultant shall deliver to County all drawings, illustrations, text, data and other documents, whether stored electronically or otherwise, entirely or partially completed, together with all material supplied to Consultant by County. Payment will be due within thirty (30) days after Consultant has delivered the last of the partially completed documents, together with any records that may be required to determine the amount due. 3.3 Notwithstanding anything to the contrary contained in this Agreement, no charges shall be made to County nor shall any payment be made to Consultant for any Services done after December 31, 2007, without the written approval of the County in accordance with a budget adopted by the Board of County Commissioners in accordance with the provisions of Article 25 of Title 30 of the Colorado Revised Statutes and the Local Government Budget Law (C.R.S. §29-1-101 et seq.). ARTICLE 4 - COMPENSATION AND PAYMENT 4.1 Except as provided for in Subsections 4.2, 45 days after Eagle County's acceptance of the final Technical Energy Audit report, Eagle County shall pay to Contractor for all work and expenses a sum not to exceed Twenty Seven Thousand Nine Dollars ($27,009) based on a maximum of 337,607 gross square feet at $0.08 per square foot of audited building space. Eagle County shall only pay for square -footage actually audited. Areas deemed by Contractor not to be audited will not be charged to Eagle County. 4.2 Eagle County shall have no payment obligations under this contract provided that Contractor and Eagle County execute an Energy Performance Contract within 45 days, after issuance of the Notice of Acceptance of the final Technical Energy Audit report, but the fee indicated above shall be incorporated into Contractor's project costs in the Energy Performance Contract. 4.3 Payments shall be made in accordance with the following: 4.3.1 Consultant shall submit to the County monthly expense summaries of costs incurred. Such invoices shall describe the Work performed, including the percentage of completion Consultant contends was accomplished during the month, and expenses incurred. Upon request, Consultant shall provide County with such other supporting information as County may request. 4.3.2 Consultant shall maintain comprehensive, complete and accurate records and accounts of its performance relating to this Agreement for a period of three (3) years or the duration of an Energy Performance Contract should that be approved, following final payment hereunder, which period shall be extended at County's reasonable request. County shall have the right within such period to inspect such books, records and documents upon demand, with reasonable notice and at a reasonable time, for the purpose of determining, in accordance with acceptable accounting and auditing standards, compliance with the requirements of this Agreement and the law. ARTICLE 5 - PROJECT MANAGEMENT 5.1 Jeff Schuster shall be designated as Consultant's Project Manager for the Services. The Eagle County Public Works Director shall be County's manager responsible for this Agreement. Unless otherwise specified herein, all correspondence between the parties hereto regarding this project shall be between and among the project managers. Either party may designate a different project manager by notice in writing. ARTICLE 6 - INDEPENDENT CONSULTANT: 6.1 It is expressly acknowledged and understood by the parties hereto that nothing contained in this Agreement shall result in, or be construed as establishing, an employment relationship. Consultant shall be, and shall perform as, an independent Consultant. No agent, subcontractor, employee, or servant of Consultant shall be, or shall be deemed to be, the employee, agent or servant of County. Consultant shall be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, servants and subcontractors during the performance of this Agreement. ARTICLE 7 - PERSONNEL 7.1 Consultant understands and hereby acknowledges that County is relying primarily upon the expertise and personal abilities of the Consultant's Project Manager, and its' employees. This Agreement is conditioned upon the continuing direct personal involvement of these persons in the Services. ARTICLE 8 - OWNERSHIP OF DOCUMENTS 8.1 All documents, including all electronic drawings and files, which are obtained during or prepared in the performance of the Services are copyrighted and shall remain the property of the County and are to be delivered to County's project manager before final payment is made to Consultant or upon earlier termination of this Agreement. ARTICLE 9 - NO ASSIGNMENT 9.1 The parties to this Agreement recognize that the services to be provided pursuant to this Agreement are professional in nature and that in entering into this Agreement County is relying upon the personal services and reputation of Consultant's Project Manager and approved employees. Therefore, neither Consultant nor its employees may assign its interest in the Agreement, including the assignment of any rights or delegation of any obligations provided therein, without the prior written consent of County, which consent, County may withhold in its sole discretion. Except as so provided, this Agreement shall be binding on and inure to the benefit of the parties hereto, and their respective successors and assigns, and shall not be deemed to be for the benefit of or enforceable by any third party. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Agreement. ARTICLE 10 - INSURANCE 10.1 At all times during the term of this Agreement, Consultant shall maintain the following insurance: Type of Insurance Professional Liability Workers' Compensation Comprehensive General Liability Limits $1,000,000 minimum Statutory limits $1,000,000/person/occurrence $2,000,000 aggregate 10.2 All insurance required hereby shall be issued by an insurance company or companies authorized to do business in the State of Colorado. Consultant shall deliver certificates of required insurance to the County within ten (10) calendar days of execution of this Agreement by the Board. 10.3 Before permitting any subcontractor to perform any Services under this Agreement, Consultant shall either (1) require each of his subcontractors to procure and maintain, during the life of his subcontracts, insurance which meets the requirements for the Consultant herein, or (2) provide for insurance of the subcontractor in Consultant's own policies in the amounts required hereinabove. ARTICLE 11 - INDEMNIFICATION 11.1 Within the limits allowed by law, Consultant shall indemnify the County for, and hold and defend the County and its officials, boards, officers, principals and employees, harmless from, all costs, claims and expenses, including reasonable attorney's fees, arising from claims of any nature whatsoever made by any person in connection with the acts or omissions of, or representations by, the indemnifying party in the performance of this Agreement. This indemnification shall not apply to claims by third parties against the County to the extent that the County is liable to such third party for such claim without regard to the involvement of the Consultant. 11.2 Consultant acknowledges that County is relying on, and does not waive or intend to waive, the monetary limitations, or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act, CRS §24-10-101, et seq., as from time -to -time amended or as otherwise available to County, its commissioners, officers and employees, all of which rights, immunities and protections County expressly retains. ARTICLE 12 - NOTICES 12.1 Any notice and all written communications required under this Agreement shall be given in writing by personal delivery, FAX (together with mail) or mail to the party to appropriate party at the following addresses: Consultant: Jeff Schuster Ennovate Corporation 10650 E. Bethany Dr., Suite A Aurora, CO 80014 tel. 303-309-6223 x117 fax 303-309-6228 County: Public Works Director Eagle County P.O. Box 850 590 Broadway Eagle, CO 81631 tel. 970-328-8880 fax 970-328-8899 12.2 Notices given by FAX must also be given by mail, first class postage prepaid, deposited in an official depositary of the U.S. Postal Service within 24 hours of the FAX transmission. Notices given by FAX shall be deemed given on the date of delivery; on the date a FAX is transmitted and confirmed received, or, if transmitted after normal business hours, on the next business day after transmission, in either case provided that a paper copy is mailed the same date; Notices given by mail only shall be deemed given three days after the date of deposit, first class postage prepaid, in an official depositary of the U.S. Postal Service. Notices given by commercial delivery service (e.g., Federal Express, UPS) shall be deemed given on delivery if delivered during normal business hours. ARTICLE 13 - MISCELLANEOUS 13.1 Consultant shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement on the basis of race, color, religion, national origin, sex, ancestry, physical handicap, sexual orientation, age, political affiliation or family responsibility. Consultant shall require all subcontractors to agree to the provisions of this subparagraph. 13.2 The making, execution and delivery of this Agreement by the parties hereto has not been induced by any prior or contemporaneous representation, statement, warranty or agreement as to any matter other than those herein expressed. This Agreement embodies the entire understanding and agreement of the parties, and there are no further or other agreements or understandings, written or oral, in effect between them relating to the subject matter hereof. This Agreement may not be amended, including by any modification of, deletion from or addition to the scope of the Services, except by a written document of equal formality executed by both parties hereto. 13.3 This Agreement shall be governed by and construed in accordance with the internal laws of the State of Colorado, without reference to choice of law rules. The parties agree that venue in any action to enforce or interpret this Agreement shall be in the District Court in the 5th District for the State of Colorado. 13.4 This Agreement does not and shall not be deemed to confer upon or grant to any third party any right enforceable at law or equity arising out of any term, covenant, or condition herein or the breach thereof. ARTICLE 14 - PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES 14.1 The Contractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services; or enter into a contract with a subcontractor that fails to certify to the contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. 14.2 The Contractor shall verify or attempt to verify through participation in the Basic Pilot Verification progra.% as administered by the United States Department of Homeland Security, that the Contractor does not employ any illegal aliens. If the Contractor is not accepted into the Basic Pilot Verification Program prior to entering into a public contract for services, the contractor shall apply to participate in the Program every three months until the contractor is accepted or the public contract for services has been completed, whichever is earlier. Information on applying for the Basic Pilot Verification Program can be found at https://vNr",-,A,,.vis-dhs.com\emploveiregistration. 14.3 The Contractor shall not use the Basic Pilot Verification Program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. 14.4 If the Contractor obtains actual knowledge that a Subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Contractor shall be required to: 14.4.1 Notify the Subcontractor and the County within three days that the Contractor has actual knowledge that the Subcontractor is employing or contracting with an illegal alien; and 14.4.2 Terminate the Subcontract with the Subcontractor if within three days of receiving the notice required pursuant to subparagraph 14.4.1 the Subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the Subcontractor if during such three days the Subcontractor provides information to establish that the Subcontractor has not knowingly employed or contracted with an illegal alien. 14.4.3 The Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority. 14.4.4 If a Contractor violates the prohibitions set forth in this Article 12, the County may terminate the contract for a breach of the contract. If the contract is so terminated, the Contractor shall be liable for actual and consequential damages to the County. Consequential damages are limited to those violations of this Article 12 and are inapplicable to any other violations of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: BOARD OF -COUNTY COMMISSIONERS Clerk to the Board of County Commissioners Z w c °toaa►d° , Chairman Ennovate Corporation, a Colorado corporation By: EXHIBIT A Technical Energy Audit Process: Preliminary Assessment of Needs and Opportunities Meet with Eagle County to establish interests, plans, problems, etc. related to facilities and operation of facilities. Collect data and background information on buildings, equipment and facilities operation Perform a preliminary walk-through of facilities and interview staff and occupants to identify potential measures Meet with Eagle County to present prelminary findings and establish agreement on measures to analyze Preliminary Analysis of Measures Establish base year consumption and reconcile with end-use consumption estimates Conduct a preliminary analysis of potential measures Meet with Eagle County to present preliminary findings and establish agreement on measures to further analyze Further Analysis and Audit Report Further analyze measures Develop a draft Technical Energy Audit Report Meet with Eagle County to present results Prepare final Technical Energy Audit Report Performance Contract Proposal Develop performance contract proposal Meet with Eagle County to present results and discuss potential Data Collection and Background Information Building square footage. Construction data of buildings and major additions including building envelope Utility company invoices Occupancy and usage information Description of all energy -consuming or energy-saving equipment used on the premises, as available. Description of energy management procedures utilized on the premises Description of any energy-related improvements made or currently being implemented Description of any changes in the structure of the facility or energy -using or water -using equipment Description of future plans regarding building modifications or equipment modifications and replacements Drawings, as available (may include mechanical, plumbing, electrical, building automation and temperature controls, structural, architectural, modifications and remodels) Original construction submittals and factory data (specifications, pump curves, etc.), as available Operating engineer logs, maintenance work orders, etc., as available Records of maintenance expenditures on energy -using equipment, including service contracts Prior energy audits or studies, if any Interview the facility manager, maintenance staff, subcontractors and occupants of each building regarding: Facility operation, including energy management procedures Equipment maintenance problems Comfort problems and requirements Equipment reliability Projected equipment needs Occupancy and use schedules for the facility and specific equipment. Facility improvements — past, planned and desired Inspect major energy -using equipment, including lighting (indoor and outdoor), heating and heat distribution systems, cooling systems and related equipment, automatic temperature control systems and equipment, air distribution systems and equipment, outdoor ventilation systems and equipment; exhaust systems and equipment; hot water systems, electric motors, transmission and drive systems, special systems (kitchen/dining equipment, etc.), renewable energy systems, other energy using systems, water consuming systems (restroom fixtures, water fountains, irrigation systems, etc.) Perform "late-night" surveys or continuous data logging tasks outside of normal business hours or on weekends to confirm building system and occupancy schedules, if deemed necessary. Develop a preliminary list of potential energy and water saving measures. Consider the following for each system: Comfort and maintenance problems Energy use, loads, proper sizing, efficiencies and hours of operation Current operating condition Remaining useful life Feasibility of system replacement Hazardous materials and other environmental concerns Eagle County's future plans for equipment replacement or building renovations Facility operation and maintenance procedures that could be affected Capability to monitor energy performance and verify savings Eagle County will allow Contractor reasonable access to facility staff to ensure understanding of existing systems and opportunities. Contractor agrees to work diligently to assess validity of information provided and to confirm or correct the information as needed. Establish base year consumption and reconcile with end use consumption estimates. Establish base year consumption by examining utility bills for the past three years for electricity, gas, steam, water, etc. Present base year consumption in terms of energy units (kWh, kW, ccf, Therms, gallons, or other units used in bills), in terms of dollars, and in terms of dollars per square foot. Describe the process used to determine the base year (averaging, selecting most representative contiguous 12 months, etc.). Consult with facility personnel to account for any anomalous schedule or operating conditions on billings that could skew the base year representation. Contractor will account for periods of time when equipment was broken or malfunctioning in calculating the base year. Estimate loading, usage and/or hours of operation for all major end uses of total facility consumption including, but not limited to: lighting, heating, cooling, HVAC motors (fans and pumps), plug loads, and other major energy and water using equipment. Where loading or usage are highly uncertain (including variable loads such as cooling), Contractor will use its best judgment, spot measurements or short-term monitoring. Contractor should not assume that equipment run hours equal the operating hours of the building(s) or facility staff estimates. Reconcile annual end-use estimated consumption with the annual base year consumption. This reconciliation will place reasonable "real-world" limits on potential savings. Propose adjustments to the baseline for energy and water saving measures that will be implemented in the future. Develop a preliminary analysis of potential energy and water saving measures. This list shall be compiled and submitted to Eagle County within 30 calendar days of the execution of this Contract. List all potential opportunities, whether cost-effective or not. Consider technologies in a comprehensive approach including, but not limited to: lighting systems, heating/ventilating/air conditioning equipment and distribution systems, controls systems, building envelope, motors, kitchen equipment, pools, renewable energy systems, other special equipment, irrigation systems, and water saving devices. Identify measures which appear likely to be cost effective and therefore warrant detailed analysis For each measure, prepare a preliminary estimate of energy or water cost savings including description of analysis methodology, supporting calculations and assumptions used to estimate savings. Meet with Eagle County to present preliminary findings. Describe how the projected project economics meet the Montezuma CountyEagle County's terms for completing the Technical Energy Audit and Proposal Contract. Discuss assessment of energy use, savings potential, project opportunities, and potential for developing an energy performance contract. Develop a list of recommended measures for further analysis. The Eagle County's rejection of calculations of savings, potential savings allowed, or project recommendations shall be at the risk of the Contractor. Analyze savings and costs for each energy and water saving measure. Follow the methodology of ASHRAE or other nationally -recognized authority following the engineering principle(s) identified for each retrofit option Utilize assumptions, projections and baselines which best represent the true value of future energy or operational savings. Include accurate marginal costs for each unit of savings at the time the audit is performed, documentation of material and labor cost savings, adjustments to the baseline to reflect current conditions at the facility, calculations which account for the interactive effects of the recommended measures. Use best judgment regarding the employment of instrumentation and recording durations so as to achieve an accurate and faithful characterization of energy use Use markups and fees stated above in all cost estimates. Develop a preliminary measurement and verification plan for each measure Follow additional guidelines for analysis and report preparation given below Include cost to provide services and complete application for Energy Star Label., LEED- EB certification for Existing Buildings, or other certification. Also include cost for EPA's Tools for Schools or other such program related to improved air quality. Prepare a draft Technical Energy Audit Report. The report provides an engineering and economic basis for negotiating a potential Energy Performance Contract between Eagle County and the Contractor. The report shall be completed within 60 calendar days of the date of execution of this Contract. The report shall include: Overview Contact information Summary table of recommended energy and water saving measures, with itemization for each measure of total design and construction cost, annual maintenance costs, the first year cost avoidance (in dollars and energy units), simple payback and equipment service life Summary of annual energy and water use by fuel type and costs of existing or base year condition Calculation of cost savings expected if all recommended measures are implemented and total percentage savings of total facility energy cost. Description of the existing facility, mechanical and electrical systems Summary description of measures, including estimated costs and savings for each as detailed above Discussion of measures considered but not investigated in detail Conclusions and recommendations Base year energy use Description and itemization of current billing rates, including schedules and riders. Summary of all utility bills for all fuel types and water Identification and definition of base year consumption and description of how established Reconciliation of estimated end use consumption (i.e. lighting, cooling, heating, fans, plug loads, etc) with base year (include discussion of any unusual findings) Full description of each energy and water saving measure including: Written description Existing conditions Description of equipment to be installed and how it will function Include discussion of facility operations and maintenance procedures that will be affected by installation/implementation. Present the plan for installing or implementing the recommendation. Savings calculations Base year energy use and cost Post -retrofit energy use and cost Savings estimates including analysis methodology, supporting calculations and assumptions used. Annual savings estimates. The cost savings for all energy saving measures must be estimated for each year during the contract period. Savings must be able to be achieved each year (cannot report average annual savings over the term of the contract). Savings estimates must be limited to savings allowed by the Eagle County as described above. Percent cost -avoidance projected Description and calculations for any proposed rate changes Explanation of how savings interactions between retrofit options is accounted for in calculations. Operation and maintenance savings, including detailed calculations and description. Ensure that maintenance savings are only applied in the applicable years and only during the lifetime of the particular equipment. If computer simulation is used, include a short description and state key input data. If requested by Eagle County, access will be provided to the program and all assumptions and inputs used, and/or printouts shall be provided of all input files and important output files and included in the Technical Energy Audit with documentation that explains how the final savings figures are derived from the simulation program output printouts If manual calculations are employed, formulas, assumptions and key data shall be stated. Conclusions, observations, caveats Cost estimate -- detailed scope of the construction work needed, suitable for cost estimating. Include all anticipated costs associated with installation and implementation. Provide specifications for major mechanical components as well as detailed lighting and water fixture counts. This is required for Colorado state agencies and higher education institutions per C.R.S. 24-30-2002(3). This is required for Colorado local governments per C.R.S.29-12.5-102(2). Engineering/design costs Contractor/vendor estimates for labor, materials, and equipment; include special provisions, overtime, etc., as needed to accomplish the work with minimum disruption to the operations of the facilities. Permit costs Environmental costs or benefits (disposal, avoided emissions, handling of hazardous materials, etc.) Note that all markups and fees stated in this Contract shall be used in the cost estimates, unless otherwise documented and justified due to change in scope or size of project or other unforeseen circumstances. Conclusions, observations, caveats Other cost categories as defined above under "markups" in Section 3b above. Other Estimate of average useful service life of equipment Preliminary commissioning plan Preliminary measurement and verification plan, following the International Performance Measurement and Verification Protocol (IPMVP), explaining how savings from each measure is to be measured and verified (stipulated by Contract, utility bill analysis, end- use measurement and calculation, etc.). The Preliminary M&V plan shall follow the format provided in Exhibit C: Guidelines for Draft Monitoring and Verification Plan. Discussion of impacts that facility would incur after contract ends. Consider operation and maintenance impacts, staffing impacts, budget impacts, etc., and identify who is responsible for maintenance. Compatibility with existing systems. Note: Could include name of existing controls system, if new controls systems will have to be compatible with an existing brand of controls. Complete appendices that document the data used to prepare the analyses. Describe how data were collected. Meet with Eagle County to: Review the recommendations, savings calculations and impact of the measures on the operations of the facility. Describe how the projected project economics meet the Eagle County's terms for completing the Technical Energy Audit and Performance Contract Proposal. Discuss the willingness and capability of Eagle County to make capital contributions to the project to improve the economics of the overall project. Revise Audit as directed by Eagle County. EXHIBIT B Develop a Performance Contract Proposal (Term Sheet). In anticipation of Contractor and Eagle County entering into an Energy Performance Contract to design, install, and monitor the energy and water saving measures proposed in the Technical Energy Audit Report, Consultant shall prepare a proposal for terms to be incorporated in an Energy Performance contract to include: Project Cost is the total amount Eagle County will pay for the project and Contractor's services. Costs must be consistent with maximum markups and fees established above. Costs may include but are not limited to: engineering, designing, packaging, procuring, installing (from Technical Energy Audit Report results); performance/payment bond costs; construction management fees; commissioning costs; maintenance fees; monitoring fees; training fees; legal services; overhead and profit; other markups. Include a List of Services that will be provided as related to each cost. Propose a term for an Energy Performance Contract. Description of how the project will be financed including available interest rates and financing terms, based on interest rates likely available to Eagle County at this time, and based on a 60 -day and 90 -day lock option. Explanation of how the savings will be calculated and adjusted due to weather (such as heating and cooling degree days), occupancy or other factors. Monitoring and verification methods must be consistent with the International Performance Monitoring and Verification Protocol 2000.