[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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
