[HISTORY: Adopted by the Town Council of the Town of Stratford 11-13-2007 by Ord. No. 07-22. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Includes any agency, committee or commission empowered by the Town Council to act in such matter.
- ENERGY CONSERVATION PROJECTS
- Any projects to promote energy conservation, including, but not limited to, energy-conserving windows and doors, roofs, caulking and weather stripping; insulation, automatic energy control systems, hot water and steam heating systems, heating, ventilating and air-conditioning systems, plant and distribution system modifications, including replacement of piping distribution systems, burners, furnaces or boilers, electrical or mechanical furnace ignition systems; utility plant system conversions; replacement or modification of lighting fixtures, energy recovery systems, cogeneration systems, on-site power generation, renewable and sustainable energy technologies, water meters, streetlighting and traffic signals and other building or general municipal infrastructure improvements that will improve delivery public services.
- ENERGY MANAGEMENT SERVICES
- A program of services, including energy audits, energy conservation measures, energy conservation projects, or a combination thereof, and building maintenance and financing services, primarily intended to improve asset performance and reduce the cost of energy and water or operations in one or more buildings or other municipal assets which may be paid for in whole or in part, by cost savings attributable to a reduction in energy and water consumption which result from the services. Energy management services may be applied to either renovation, retrofitting, repair or new construction. Funding options for such services may include, but not be limited to, independent third party lease purchase agreements, bonds, capital reserves or other sources at the sole discretion of the Town and will be structured to complement current accounting, debt management and budgeting practices. Independent third party financing, if chosen as the preferred funding method by the Town, will be considered an integral component of the energy services agreement and may be secured within the authorization of this project and without a secondary solicitation. The guaranteed energy savings contract term for providing a guarantee, measurement and verification, maintenance, service and installment or lease payments shall not exceed 25 years.
- ENERGY MANAGEMENT SYSTEMS
- The design and installation of systems or maintenance programs to conserve energy consumption and reduce carbon footprint, including, without limitation, performance-contracting energy saving projects; the installation or modification of new and existing equipment which will reduce energy and water consumption associated with heating, ventilation, and air-conditioning systems, lighting system, building envelope, domestic hot water systems, and other energy and water using devices; and the work associated with monitoring and verifying project savings and the study or design of the subject work, whether performed directly or managed through subcontractors.
- ENERGY SAVINGS
- A measured reduction in fuel, energy, operating or maintenance costs resulting from the implementation of one or more energy management services when compared with an established baseline of previous fuel, energy, operating or maintenance costs, including, but not limited to, future capital replacement expenditures avoided as a result of equipment installed or services performed pursuant to the guaranteed energy savings contract.
- GUARANTEED ENERGY SAVINGS CONTRACT or PERFORMANCE BASED CONTRACT
- A contract for the evaluation, recommendation or implementation of one or more energy management services in which payments are based, in whole or in part, on any energy savings or additional revenues attributable to the contract.
- PROPERTY and PROPERTY AFFECTED THEREBY
- Includes all land, with or without improvements thereon, and all other property of any kind or nature, damaged or benefited as an incident to any public work or improvement, the owners of which may be assessed to pay for such public work or improvement or the owners of which may be paid damages for the taking or damaging thereof.
- PUBLIC WORK OR IMPROVEMENT
- Includes any of the following, or any combination of the following: the laying out, construction, alteration, widening, straightening, grading, improving or repairing of any street, alley or other public way; the laying out, construction, alteration, improvement or repairing of any curb, gutter, sidewalk, or storm sewer over, upon, adjacent to or under any street, alley or other public way, and the laying out, construction, alteration, extension, enlargement and repairing of the sanitary sewerage system and sewage disposal plant of the Town. The term "public work or improvement" shall not include energy conservation projects.
- QUALIFIED PROVIDER
- Responsible and eligible entity, certified by the State of Connecticut, Department of Administrative Services, to provide energy management services and heating, ventilation and air-conditioning services for a single project in the amount of a minimum of $50,000,000.
- REQUEST FOR QUALIFICATIONS
- A solicitation directed to qualified providers issued by the Town to obtain energy management services pursuant to a guaranteed energy savings contract.
For any contract for energy conservation projects, the Town, by affirmative vote of the Town Council or the purchasing agent, may issue a request for qualifications for the issuance of a contract for energy management services. The Mayor shall appoint a committee consisting of the Chief Administrative Officer, the Town Engineer and the Public Works Director to evaluate all responses received for the request for qualifications. The committee shall establish a scoring system for the request for qualifications and shall, based upon such scoring system, rank each qualified provider based on score. The Town Council shall, by an affirmative vote of a majority of its members, award a guaranteed energy savings contract or performance based contract to a qualified provider who has been ranked either first or second by the committee. Notwithstanding the provisions of this section, any guaranteed energy savings contract or performance based contract which has been the subject of a request for qualifications and which was awarded, prior to the adoption of this chapter to an entity which had been ranked either first or second in the scoring of the request for qualifications for energy management services, and which would be deemed a qualified provider pursuant to this section, shall be deemed valid and the Town may proceed with awarding the contract to the qualified provider selected by the Town. The decision regarding the selection of a qualified provider shall be final and not subject to appeal except on the grounds of fraud or collusion. The Town will negotiate an audit agreement to develop details of the project for a fixed fee. Upon completion of the audit and delivery to the Town of a firm proposal, the Town shall either pay the fixed fee or proceed to implement the recommended project, in which case, the initial development fee may be carried forward and included in the implementation agreement.
The Town may amend energy service agreements to bring products and services to additional buildings or assets in the community. The amendment may be accomplished through negotiation with the selected energy services provider; provided, however, that such amendment shall be approved by an affirmative vote of a majority of the members of the Town Council. Notwithstanding the foregoing, no amendment shall be approved authorizing such extension to additional buildings or assets in the community more than three years after the date of execution of the contract.