HomeMy WebLinkAbout2011-019 Purchasing - Utilities Reduction Specialists, Inc. for services to conduct a utility auditNORTH CAROLINA
' COUNTY OF ORANGE
CONTRACT
Orange County, a body politic organized and existing under the laws of the State of North Carolina, hereinafter referred to as
"County"; and UTILITIES REDUCTION SPECIALISTS, INC., a corporation organized and doing business under the laws of
the State of North Carolina, hereinafter referred to as "Specialists", do hereby agree and covenant as follows:
WITNESSETH:
1. Specialists agree that it will:
A. Conduct a utility audit by analyzing: electricity, water and gas utility bills and records as directed by County.
B. Seek refunds and credits for billing errors;
C. Create a utility cost savings plan which will identify and implement actions and modifications to reduce
billings.
2. The County agrees as follows:
A. It will retain Specialists as its exclusive utility consultants for the duration of the term of this Agreement;
B. It will provide Specialists with one (1) month listing of all County electricity, water and gas utility bills.
C. It will compensate Specialists as follows:
For refunds or credits from the Power companies or Vendors, the fee is outlined below for refunds and or credits
that result from our audit. This fee will be payable upon receipt of the refund or credit. The fee for the cost
savings plan is outlined below for the savings demonstrated over forty-five-month period following the
implementation of the cost reduction program. The Cost Reduction Program fee is due and payable within thirty
(30) days of our invoice each month for forty-five months.
For Credits/Refimds, Specialists fee is to be forty-five (45%).
For Future cost Reductions, Specialists fee is to be forty-five (45%) for 12 months.
The parties agree that in the event the County is required to make any expenditures whatsoever to obtain
equipment/services to implement the cost savings, the County's approval in writing will be obtained in advance by
Specialists and the expenditure will bepro-rated over the life expectancy of the equipment. Any County approval other
than in writing shall be void and of no effect. The pro-rated monthly cost will be fully deducted from the savings prior to
the calculation of fees.
4. The parties further agree the following actions will be excluded as a fee item under the cost
5. The parties further acknowledge that if the County does not receive arefund/credit or expense reduction, there will be no
fee or cost for the Specialists' services.
6. Any court action filed in reference to this contract must be filed in the North Carolina State Courts in Orange County,
North Carolina. This contract may not be assigned without written consent of the County.
7. Specialists retain the exclusive right to conduct any utility audit during the term of this Agreement which is from the date
of the County's acceptance until the receipt of final report. During this period, should any in-house review or any other
vendor, business, or entity conduct any analysis or audit, Specialists will be entitled to the forty-five percent (45%) fee
produced by the cost reduction program and credits or refunds.
8. The parties acknowledge that County has the right to accept or reject any or all of cost savings plan or recommendations
made by Specialists.
9. The parties acknowledge that Specialists will provide audit results back to County within a six (6) month period from date
of this Agreement. If Specialists fails to comply with this time frame, this Agreement is no longer in effect and County is
under no obligation to Specialists for their services.
Page 1 of 2
10. The parties acknowledge that this Agreement, together with Addendum No. 1 to Orange County RFP No. 5166 (Exhibit
A), Orange County RFP No. 5166, together with attachments (Exhibit B), and Specialists' Proposal in response to Orange
County RFP No. 5166 (Exhibit C), each of which is attached hereto and fully incorporated herein, constitutes the entire
and complete understanding of the parties and supersedes and replaces all previous written and verbal agreements. Should
the terms of this Agreement and any of the Exhibits be in direct conflict priority shall be given to the documents as
follows:
(1). This Agreement. (2). Addendum No. 1 to Orange County RFP No. 5166 (3). Orange County RFP No. 5166.
Together with attac~hmen~ts. (4). Specialists' Proposal in response to Orange County RFP No. 5166.
This the ~ day of 2'yvt/ 2011
G
ATTEST:
AT T:
STATE OF NORTH C LINA
COUNTY OF ORANGE _
O
County Ma ger
UTILITIES REDUCTIO~jNq SP_E~CI)ALISTS, INC.
Steve Mann, President
I, ~~~ a Notary Public, do hereby certify that ~~~ personally appeared
before m this day and acknowledged that he is County Manager, and that the foregoing instrument was signed in County of
Orange's name by him as County Manager; Baled with its corporate seal, and attested.
WITNESS my hand and notarial seal, this the 7 day o 2011.
- ~ ~ -~~~
N ry Public _~~/
My Commission Expires: /a -~~
STA//T((E OF NORT /H' CAROLINA
I, 1, ~ l iX~~ ~e/C lr~S , a Notary Public, do hereby certify that .LT LJ~ ~~ K personally appeared before
me this day and acknowledged that he is the President for UTILITIES REDUCTION SPECIALISTS, INC., a corporation
organized under the laws of the State of North Carolina, and as the act of the corporation the foregoing instrument was signed in its
name by its President, sealed with its corporate seal by his as its Secretary.
WI ~~day of `1~CC~CGx r.1~/ 201 D
,.r.~~ Notary Pub~Iic~North Ca olina
1 =-
~~;~° County of Forsyth
~'_.`~ " Cheryl Rekli .~ Notary Public
''~~:~ MvCommission Expires S /-~. ~ /~!/
My Commission Expires: U' ~ `/ ~+
THIS INSTRUMENT has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act as
amended.
Date: ~ ~`~'III
APPROVED AS TO FORM:
Date: ~ ~ / ~ ~
~.ln-.ti,v ,U~ ~ 1 h<.,
Finance Director
County Attorney
Page 2 of 2
Orange County
Department of Asset Management
and Purchasing Services
Pamela Jones, Director
NOTICE OF REQUEST FOR PROPOSAL NO. RFP 5166
UTILITY BILL AUDITING SERVICE
REQUESTED BY
ORANGE COUNTY, ASSET MANAGEMENT & PURCHASING SERVICES
PROPOSALS ARE DUE ON THURSDAY AUGUST 26, 2010
AT 4:00 P.M., LOCAL STANDARD TIME
Notice is hereby given that sealed proposals will be accepted by Orange County for Utility Bill Auditing Services at
the specified location, time and date cited herein. The=-proposals will be publicly announced in the Asset
Management & Purchasing Services (AMPS) conference room. Oniy the proposers name will be read aloud.
Any proposal received later than the date and time specified above will be returned unopened..
Orange County is seeking qualified auditing firms to perform an audit review of the County's utility bills as per the
terms and conditions listed herein.
Copies of the proposals are available on Orange Coun#y web site at www.co.orarge.nc.us/purchasing click on
"current bids" If additional information is needed contact he Purchasing Agent, David Cannell, 919-245-2651 or
email dcannell@co.orange.nc.us.
Orange County Board of Commissioners reserves the right to acceptor reject any offeror any part thereof; to
defer action on the offers; to reject all offers; to waive any minor irregularities or variances in the proposal
procedures. Deviations from the proposal scope of work, terms and conditions may be considered at the option
of the Board of Commissioners.
Proposal submittals are to be mailed or delivered to: Orange County, Asset Management & Purchasing Services,
PO Box 8181 CUSPS) 131 W Margaret Lane, Suite 301; Hillsborough, NC 27278. Electronic format bids will not
be accepted.
It is the proposer's responsibility to monitor the County's website for possible addenda to this proposal to inform
him/herself of the most current scope of work, terms and conditions and to submit his/her proposal in accordance
with the original proposal requirements and all addenda. All available proposals and related addenda can be
found at: www.co.orange.nc.us/~urchasiny Failure of the bidder to obtain this information shall not relieve him/her
of the requirements contained therein. Additionally, failure of the proposer to return signed addenda(s), when
required, may be cause for the rejection of the proposal.
Pamela Jones
Asset Management and Purchasing Services Director
P.O. Box 8181 * 131 West Margaret Lane~Suite 301* Hillsborough, North Carolina 27278
Telephone: Area Code 919 245-2652
Fax: 644-3001
E-mail: p jonesC~co.orange.nc.us
TABLE OF CONTENTS
SECTION PAGE
1.0 INTRODUCTION ..................................................................... 3
2.0 PREPARATION OF PROPOSAL -REQUIRED CONTENT ............. 3
3.0 SUBMITTAL INSTRUCTIONS .................................................... 5
4.0 EVALUATION CRITERIA .......................................................... 6
5.0 SELECTION PROCEDURE ......................................................... 6
6.0 SCOPE OF WORK ................................................................... 7
7.0 GENERAL TERMS AND CONDITIONS ....................................... 7
PROPOSAL RESPONSE COVER SHEET -EXHIBIT "A" .............
SAMPLE AGREEMENT -EXHIBIT "B" .....................................
2
1.0 INTRODUCTION:
Orange County is soliciting competitive sealed proposals from qualified auditors to provide an-audit
review of electric, water and gas utility billings for the County's Asset Management and Purchasing Services
Department to identify any errors in metering and billing. The County currently has 84 electric accounts, 35 water
accounts, 33 natural gas accounts, 3 propane accounts, and 1 fuel oil account. The County may expand the
Scope and Contract to include telecommunication bills at a later date.
The County will provide the selected proposer with approximately five (5) years of billing records relating to utility
accounts involved in the audit process. A representative from the County's Asset Management & Purchasing
Services will provide assistance to the auditor. As payment for services rendered the auditing firm shall receive a
percentage of any refunds received.
Signature on the Proposal Response Cover Sheet -Exhibit "A".acknowledges that the proposer is willing to
enter into the agreement if awarded the Agreement. Proposers are advised to read thoroughly the Sample
agreement as the selected proposer will be required to comply with its requirements.
The selected proposer shall be required to enter into a written agreement in substantially the form as shown in the
attached Sample Agreement -Exhibit "B" which shall be the basic form used to develop the final agreement.
2.0 PREPARATION OF PROPOSAL -REQUIRED CONTENT:
Each response to this RFP shall include the information described in this section. Failure to include all of the
elements specified may be cause for rejection of the proposal. Additional information may be provided, but should
be succinct and relevant to the goals of this RFP. Excessive information will not be considered favorably. All
documents shall be 8'/2 X 11 inches, or folded to such a size; and printed duplex on recycled paper
All proposals shall contain the following elements and in the order given:
2.1 Proposal Response Cover Letter, with the following information:
A. Name and Mailing Address of Firm (include physical location if mailing
address is a P.O. Box.
8. Contact Person, Telephone number and fax number.
C. All proposals may be considered public information. Subsequent to
award of this RFP, all or part of any proposal may be released to any
person or firm who may request it. Therefore, proposers may request in
their Cover Letter if any portion of their submittal should be treated as
proprietary and not released as public information. However, proposers
should be aware that all such requests may be subject to legal review and
challenge.
2.2 Signatory Requirements.
The Cover Letter must be signed by an officer empowered by the Consultant to sign
such material and thereby commit the Consultant to the obligations contained in the RFP
response. Further, the signing and submission of a response shall indicate the
intention of the proposer to adhere to the provisions described in this RFP and a
commitment to enter into a binding Agreement. Therefore the Cover Letter must be
signed in accordance with the following provisions:
2.0 PREPARATION OF PROPOSAL -REQUIRED CONTENT: (continued)
If the response is submitted on behalf of a Partnership, the Cover Letter shall be signed
in the firm name by a partner or the Attorney-In-Fact. If signed by the Attorney-In-Fact,
there shall be attached to the proposal aPower-Of-Attorney evidencing authority to sign
proposals, dated the same date as the proposal and executed by all partners of the firm.
If the response is submitted on behalf of a Corporation, the Cover Letter shall have the
correct corporate name thereon and the actual signature of the authorized officer of the
corporation written(not typed) below the corporate name. The title of the office held by
the person signing for the corporation shall appear below the signature of the officer; OR
If the response is submitted on behalf of an Individual doing business under a firm
name, the Cover Letter shall be signed in the name of the individual doing business
under the proper firm name and style.
2.3 Proposed Approach to Project
A. A statement of your understanding of the project and a general description of your
proposed approach to the project's scope of services.
B. A detailed work plan outlining each required task necessary for completion of the project
described in the project scope of services.
C. A description of the proposed schedule for completing the work on an ongoing basis.
D. In addition to the specific service proposals specified above, identify and/or
recommend any additional or innovative services and products provided by your firm
that may be related to or helpful to a comprehensive utility auditing program. If there is a
better way for the County to package or define the services that it has requested herein in
order to obtain better pricing and/or service by making it easier for the selected auditor, please
explain what modifications would be necessary to achieve such better pricing and/or service.
2.4 Firm Description.
Provide a brief description of your firm and a statement of the firm's experience and qualifications
for performing the subject services. Include the year the firm was established, type of
organization (partnership, corporation, etc.) and the number of employees. Also include an
organization chart depicting the relationship between the various personnel. Include information
on your firm's office location where the audit reviews will be performed.
2.5 Qualifications and Experience.
Provide the name of the responsible (Lead) Representative listing any professional
certifications and a statement of their qualifications and experience. Provide descriptions of
previous projects that relate to the services described in this RFP including similar public and
government projects. Identify each project by name and include a brief description of the project.
Provide name(s) of the additional team members who will perform any portion of the audit
reviews. Certify that all such work will be under the direct supervision of the Lead Representative
with the appropriate experience noted above. List the qualifications of the team members;
include their resumes.
In addition to the information and qualifications specified above, identify any special knowledge or
skills provided by your firm that may be related or helpful to the services requested herein.
2.6 References.
Provide references for at least four (4) other clients, including current contact name and
telephone numbers. References provided should be for similar services. and include information
on when the service was performed, and for whom. Include a brief description of the services
preformed. References will be contacted to inquire about past performance and ability and
thoroughness of the audit review process.
4
By providing such references you agree that neither the County nor the clients referenced shall
have any liability regarding the provision of such references or the County's use of such
references in making selections under this request for proposal.
Orange County reserves the right to contact additional references discovered from its own
research, as necessary.
2.7 Proposed Fee.
The selected proposer will be paid a percentage of any monies recovered. Proposed fee must
include all costs associated with the performance of the services specified, including materials,
supervision, labor, insurance, transportation, delivery, fuel or other surcharges, demurrage and
any other related costs. Charges not listed in the RFP response will not be allowed.
2.8 Required Statements.
Include statements of assurance regarding the ability to fulfill the indemnification and insurance
requirements as listed in the Sample Agreement -Exhibit "B". Non-conflict of interest statement
and non-collusion statement as defined in the General Terms and Conditions (Section 7.0).
3.0 SUBMITTAL INSTRUCTIONS:
3.1 Submit one (1) original hardcopy (duplex on recycled paper) and four (4) copies in on a CD
in digital format (pdf) of your proposal no later than the time and date indicated on the cover
page of this RFP. All responses shall be submitted in a sealed envelope or container and clearly
marked with the RFP number and title on the outside of the parcel.
3.2 Proposal shall be submitted ONLY to:
Orange County
Asset Management & Purchasing Services
PO Box 8181
131 W Margaret Lane, Suite 301
Hillsborough, NC 27278
3.3 Proposals submitted to a location other than the above will not be considered
duly delivered or timely. Orange County shall not be responsible for re-
routing proposals delivered to a person or location other that that specified above.
3.4 Faxed and/or e-mailed proposals shall not be accepted.
3.5 Late submittals shall not be accepted or considered.
3.6 All submittals, whether selected or rejected, shall become the property of
Orange County and will not be returned.
3.7 Orange County reserves the right to waive minor defects and/or irregularities
proposals, and shall be the sole judge of the materiality of any such defect or irregularity.
3.8 All costs associated with proposal preparation shall be borne by the offeror.
3.9 All proposals shall remain firm and fixed for a period of one hundred twenty
(120) days following the closing date for the receipt of submittals.
3.10 The deadline for submittine questions is August 18, 2010 at 5:00 p,m. Any questions concerning
the technical aspects of this project should be directed to:
Mr. David Cannell
Purchasing Agent
PO Box 8181
Hillsborough, NC 27278
(919) 245-2651
Email: dcannell@co.orange.nc.us (preferred)
4.0 EVALUATION CITERIA:
The following criteria and rating schedule will be used to determine the most highly qualified firm(s)
for this project:
Proposed Approach to Project (section 2.3)
Firm Qualifications & Experience (section 2.5)
Specific Experience in Similar Public and Government Projects (section 2.6)
Qualifications & Experience of Key Personnel (section 2.5)
Results of Reference Checks (section 2.6)
Proposed Fee (section 2.7)
5.0 SELECTION PROCEDURE:
5.1 Proposals will be reviewed for responsiveness, and responsive proposals will
further be screened by a selection committee in accordance with the above
criteria. The firm(s) submitting the most highly-rated proposals may be invited
for interviews. If the County chooses to conduct interviews, the firm's Lead
Representative(s) must be present.
5.2 The County reserves the right to make an award without further discussion of the
submittal with the proposer. Therefore, the proposal should be submitted initially
on the most favorable terms that the firm or individual may propose.
5.3 The County reserves the right to award a contract to the firm or individual who,
in the sole judgment of the County, provides the most favorable responses to this
RFP pursuant to the Evaluation Criteria indicated above..
5.4 The County reserves the right to reject any or all proposals, or to waive minor
irregularities in said proposals, or to negotiate minor deviations with the
successful firm.
6.0 SCOPE:
Responsibilities of the Auditor
6.1 Auditor shall provide all required labor, materials, equipment, and transportation required
to conduct an audit of electrical, water and gas utility billings for Orange County, North Carolina
for the purpose of identifying errors in the metering and billing process. The County has
approximately five (5) years of billing history available for this audit. The County shall make the
old billings available to the Auditor. Auditor shall be responsible for making copies of the billings.
6.2 If billing documents or other related material is required from the utility company the
Auditor shall receive written authorization from the appropriate County official before
requesting or obtain any billing documents. Any fees or costs associated with obtaining
billing documents shall be the responsibility of the Auditor and shall not be charged to
the County.
6.3 Auditor shall audit read histories to identify errors in metering and billing processes.
Auditor shall chart billings to determine variances from trends. A meeting shall be held
with the Asset Management & Purchasing Services and Financial Services Departments to
discuss errors prior to meeting with the utility officials.
6.4 Auditor shall meet with utility officials to obtain refunds or credits for errors if found.
Refunds shall be obtained from the utility company by Auditor in the form of a check
made payable to Orange County. County officials shall be allowed to accompany
Auditor to meetings held with utility officials.
6.5 The County shall provide Auditor with records and reports relating to utility accounts
pertaining to the audit and shalt furnish, to the extent requested by the auditor.
DELIVERABLES:
The County shall be the sole owner of all information, materials, and documents produced as a
result of this Contract. Aud+tor shall deliver said information, materials, and documents to the
County before Auditor receives final payment.
DISCLOSURE OF COUNTY RECORDS
Since the County shall own the documents generated by the Auditor pursuant to this Contract, the Auditor
agrees that it shall not, without written approval by the County, disclose publicly said records. Auditor
understands that the information obtained in the performance of this Contract is confidential and may be
shared with employees of the County or others, without written approval by the County
7.0 GENERAL TERMS AND CONDITIONS:
7.1 Standard Contract.
Upon completion of the evaluation and recommendation for award, the selected firm(s)
will be required to execute a Professional Services Agreement. A sample is included as
Exhibit B. Proposers are advised to carefully review the attached contract.
Any proposed exceptions, alterations or amendments shall be specified in your submittal,
the nature of which may affect the evaluation of your submittal and the perceived ability
to successfully award a contract to your firm~ndividual.
7.2 Independent Contractor.
At all times the Consultant shall represent himself/herself to be an independent contractor
offering services to the general public and shall not represent himself/herself, or his/her
employees, to be an employee of Orange County.
Therefore, the Consultant shall assume all legal and financial responsibility for taxes,
FICA, employee fringe benefits, workers compensation, employee insurance, minimum
wage requirements, overtime, etc., and agree to indemnify, save, and hold the County of
Orange, its officers, agents and employees, harmless from and against, any and all loss,
cost (including attorney fees), and damage of any kind related to such matters.
7.3 Conflict of Interest.
The Consultant shall warrant that no official or employee of the County has an interest,
has been employed or retained to solicit or aid in the procuring of the resulting contract,
nor that any such person will be employed in the performance of such contract without
immediate divulgence of such fact to the County.
7.4 Non-Collusion.
Firms submitting proposals shall warrant that their offer is made without any previous
understanding, Contract or connection with any person, firm or corporation submitting a
separate proposal for the same project and is in all respects fair, without outside control,
collusion, fraud or otherwise illegal action. This condition shall not apply to proposals
which are submitted by firms who have partnered with others to submit a cooperative
proposal that clearly identifies a primary contractor and the associated sub-contractors.
7.5 Indemnification & Insurance Requirements.
The County's standard indemnification and insurance requirements are provided in the
sample contract, Exhibit B.
7.6 Protests and Appeals.
In accordance with Section 1 Item G of the Purchasing Policy Manual, any actual or prospective
proposer, offeror, or contractor who is aggrieved in connection with the solicitation or award of a
contract may appeal to the Asset Management and Purchasing Services Director The protest
shall be submitted in writing to the Asset Management and Purchasing Services Director within
five (5) working days after such aggrieved person or company knows, or should have known, of
the facts giving rise thereto.
Proposal Response Cover Sheet
RFP 5166
Utility Bill Auditing Service
Use this address for all U.S. Postal Service, express courier and hand deliveries.
Orange County, Asset Management & Purchasing Services
131 W Margaret Lane Suite 301 - PO Box 8181
Hillsborough, North Carolina 27278
The undersigned, having carefully read and considered the Request for Proposal to provide audit of utility bills for
Orange County, does hereby offer to perform such services on behalf of the County in the manner described and
subject to the terms and conditions set forth in the attached proposal. Services will be performed at the rates set
forth in said proposal.
OFFEROR
Company Name:
Doing business as: [ ] an individual [ ] a partnership [ ] a corporation [ ] a limited liability company
(mark appropriate box), duly organized under the laws of the State of
BY:
(Signature of authorized representative)
PRINCIPAL OFFICE ADDRESS:
Street Address
City
State
Telephone L
Email Address
(Please Print or Type Name)
County
Zip Code
FAX ( 1-
TAXPAYER IDENTIFICATION NUMBER:
Federal Tax I.D Number
ALL PROPOSALS MUST INCLUDE THIS COVER SHEET & THE PROPOSAL CONTENT & EVALUATION
REQUIREMENTS.
9
NORTH CAROLINA
TITLE
FY
SERVICES AGREEMENT ~ _
RFP - NO REIMBURSABLE EXPENSES
ORANGE COUNTY
This Services Agreement (hereinafter "Agreement"), made and entered into this day
of , 20 ("Effective Date") by and between Orange County, North Carolina a body
politic and corporate of the State of North Carolina. (hereinafter, the "County") and
(hereinafter, the "Provider").
WITNESSETH:
That the County and Provider, for the consideration herein named, do hereby agree as
follows:
1. Services
a. Scope of Work.
i) This Services Agreement ("Agreement") is for professional services to be
rendered by Provider to County with respect to {insert type ofproject}:
ii} By executing this. Agreement, the. Provider represents and agrees that Provider is
qualif ed to perform and fully capable of performing and providing the services
required or necessary under this Agreement in a fully competent, professional and
timely manner.
iii) Time is of the essence with respect to this Agreement.
iv) The services to be performed under -this Agreement consist of Basic Services, as
described and designated in Section 3 hereof. Compensation to the Provider for
Basic Services under this Agreement shall be as set forth herein.
2. Responsibilities of the Provider
a. Services to be provided. The Provider shall provide the County with all services
required in Section 3 to satisfactorily complete the Project within the time limitations set
forth herein and in accordance with the highest professional standards.
b. Standard of Care.
i) The Provider shall exercise reasonable care and diligence in performing services
under this Agreement in accordance with the highest generally accepted standards
of this type of Provider practice throughout the United States and in accordance
with applicable federal, state and local laws and regulations applicable to the
performance of these services. Provider is solely responsible for the professional
Revised Jufy 2010 9
quality, accuracy and timely completion and/or submission of all work related to
the Basic Seiwices.
ii) Provider shall be responsible for all errors or omissions, in the performance of the
Agreement. Provider shall correct any and all errors, omissions, discrepancies,
ambiguities, mistakes or conflicts at no additional cost to the County.
iii} The Provider shall not, except as otherwise provided for in this Agreement,
subcontract the performance of any work under this Agreement without prior
written permission of the County. No permission for subcontracting shall create,
between the County and the subcontractor, any contract or any other relationship.
iv) Provider is an independent contractor of County. Any and all employees of the
Provider engaged by the Provider in the performance of any work or services
required of the Provider under this Agreement, shall be considered employees or
agents of the Provider only and not of the County, and any and all claims that may
or might arise under any workers compensation or other law or contract on behalf
of said employees while so engaged shall be the sole obligation and responsibility
of the Provider.
v) Provider agrees that Provider, its employees, agents and its subcontractors, if any,
shall be required to comply with all federal, state and local antidiscrimination
laws, regulations and policies that relate to the performance of Provider's services
under this Agreement.
vi) If activities related to the performance of this Agreement require specific licenses,
certifications, or related credentials Provider represents that it and/or its
employees, agents and subcontractors engaged in such activities possess such
licenses, certifications, or credentials and that such licenses certifications, or
credentials are current, active, and not in a state of suspension or revocation.
3. Basic Services
a. Basic Services.
i) The Provider shall perform as Basic Services the work and services described
herein and as specif ed in the County's Request for Proposals {the "12FP"} "RFP
Number for " "issued , 20 ,and the Provider's proposal,
which are fully incorporated and integrated herein by reference together with
Attachments (designate all atta.chments). In the event a term or condition
in any document or attachment conflicts with a term or condition of this
Agreement the team or condition in this Agreement shall control. Should such
conflict arise the priority of documents shall be as follows: This Agreement, the
County's RFP together with attachments, Provider's Proposal together with
attachments.
ii} The Basic Services will be performed by the Provider in accordance with the
following schedule: (liisert task list and milestone dates)
Revised July 201 ~ 2
Task Milestone Date
1.
2.
3.
4.
5.
6.
7.
8.
9.
10. ,
iii) Should County reasonably determine that Provider has not met the Milestone
Dates established in Section 3{a)(ii), County shall notify Provider of the failure to
meet the Milestone Date. The County, at its discretion may provide the Provider
seven (7) days to cure the breach. County may withhold-the accompanying
payment without penalty until such time as Provider cures the breach. In the
alternative, -upon Provider's failure to meet any Milestone Date the County may
modify the Milestone Date schedule. Should Provider or its representatives fail to
cure the breach within seven (7) days, or fail to reasonably agree to such modified
schedule, County may immediately terminate this Agreement in writing, without
penalty or incurring further obligation to Provider. This section shall not be
interpreted to limit the definition of breach to the failure to meet Milestone Dates.
4. Duration of Services
a. Team. The term of this Agreement shall be from to
b. Scheduling of Services
i) The Provider shall schedule and perform his activities in a timely manner so as to
meet the Milestone Dates listed in Section 3.
ii) Should the County determine that the Provider is belund schedule, it may require
the Provider to expedite and accelerate his efforts, including providing additional
resources and working overtime, as necessary, to perform his services in
accordance with the approved project schedule at no additional cost to the
County.
iii) The Commencement Date for the Provider's Basic Services shall be
5. Compensation
a. Compensation for Basic Services. Compensation for Basic Services shall include all
compensation due the Provider from the County for all services under this Agreement.
The maximum amount payable for Basic Services is Dollars ($ ). In the
event the amount stated on an invoice is disputed by the County, the County may
withhold payment of all or a portion of the amount stated on an invoice until the parties
resolve the dispute. Payment for Basic Services shall become due and payable in direct
proportion to satisfactory services performed and work accomplished. Payments will be
Revised Juty 20t0
made as percentages of the whole as Project milestones as set out in Section 3(a)(ii) are
achieved. {For example, if there ale 10 Project Tasks with Milestone Dates then
Provider may invoice for the first 10% of the whole upon County's acknowledgement of
the satisfactory completion of Task one. Upon the County's acknowledgement that the
second Task has been satisfactorily completed Provider may invoice for the next 10% of
the whole.)
b. Additional Services. County shall not be responsible for costs related to any services in
addition to the Basic Services performed by Provider unless County requests such
additional services in writing and such additional services are evidenced by a written
amendment to this Agreement.
6. Responsibilities of the County
a. Cooperation and Coordination. The County has designated the { ) to act as the
County's representative with respect to the Project and shall have the authority to render
decisions within guidelines established by the County Manager and/or the County Board
of Commissioners and shall be available during working hours as often as may be
reasonably required to render decisions and to furnish information.
7. Insurance
a. General Requirements. The Provider shall purchase and maintain and shall cause each of
his subcontractors to purchase and maintain, during the period of performance of this
Agreement:
i} t~Vorker's Compensation Insurance for protection from claims under workers' or
workmen's compensation acts;
ii) Comprehensive General Liability Insurance covering claims arising out of or
relating to bodily injury, including bodily injury, sickness, disease or death of any
of the Provider's employees ar any other person and to real and personal property
including loss of use resulting thereof;
iii) Comprehensive Automobile Liability Insurance, including hired and non-owned
vehicles, if any, covering personal injury or death, and property damage; and
iv) Professional Liability Insurance, covering personal injury, bodily injury and
property damage and claims arising out of or related to the performance under this
Agreement by the Provider or his agents, Providers and employees.
b. Insurance Rating. The minimum insurance rating for any company insuring the Provider
shall be Best's A. If. he.Provider;does,~riot meet..the.:insurance requirements the County's.
Risk Maxiager must be consulted prior to finalizing this Agreement
c. Limits of Coverasse. Minimum limits of insurance coverage shall be as follows:
Revised July 2010 4
INSURANCE DESCRIPTION MINIMUM REQUIIZED COVERAGE
• Worker's Compensation Limits for Coverage A -Statutory State of N.C.
Coverage B -Employers Liability
$500,000 each accident and policy limit and disease each
employee
• Commercial General Liability $1,000,000 Each Occurrence; $2,000,000 Aggregate.
• Automobile Liability Combined Single Limit $500,000
• Professional Liability NOTE:Inse. rt;`coverage.. hnuts required by Risk Manama :if
applicable::
d. Additional Insured. All insurance policies (with the exception of Worker's
Compensation and Professional Liability) required under this Agreement shall name the
County as an additional insured party. Evidence of such insurance shall be funiished to
the County, together with evidence that each policy provides the County with not less
than thirty {30) days prior written notice of any cancellation, non-renewal or reduction
of coverage.
8. Indemnity
a, Indemni .The Provider agrees to defend, indemnify and hold harmless the County
from all loss, liability, claims or expense, including attorney's fees, arising out of or
related to the Project and arising from bodily injury including death or property damage
to any person or persons caused in whole or in part by the negligence or misconduct of
the Provider except to the extent same are caused by the negligence or willful
misconduct of the County. It is the intent of this provision to require the Provider to
indemnify the County to the fullest extent permitted under North Carolina law.
9. Amendments to the Agreement
a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional
compensation or a change in duration of this Agreement shall be made by a written
Amendment to this Agreement executed by the County and the Provider. The Provider
shall proceed to perform the Services required by the Amendment only after receiving a
fully executed Amendment fiom the County.
10. Termination
a. Termination for Convenience of the County. This Agreement maybe terminated without
cause by the County and for its convenience upon seven (7) days prior written notice to
the Provider.
b. Other Termination. The Provider may terminate this Agreement based upon the County's
material breach of this Agreement; provided, the County has not taken all reasonable
actions to remedy the breach. The Provider shall give the County seven ('~ days' prior
written notice of its intent to terminate this Agreement for cause.
c. Compensation After Teiznination.
Revised July 2010
i} In the event of termination, the Provider shall be paid that portion of the fees and
expenses that it has earned to the date of termination, less any costs or expenses
incurred or anticipated to be incurred by the County due to errors or omissions of
the Provider.
ii) Should this Agreement be terminated, the Provider shall deliver to the County
within seven (7) days, at no additional cost, all deliverables including any
electronic data or files relating to the Project.
d. Waiver. The payment of any sums by the County under this Agreement or the failure of
the County to require compliance by the Provider with any provisions of tlus Agreement
or the waiver by the County of any breach of this Agreement shall not constitute a
waiver of any claim for damages by the County for any breach of this Agreement or a
waiver of any other required compliance with this Agreement.
11. Additional Provisions
a. Limitation and Assignment. The County and the Provider each bind themselves, their
successors, assigns and legal representatives to the terms of this Agreement. Neither the
County nor the Provider shall assign or transfer its interest in this Agreement without the
written consent of the other.
b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights
of respective parties hereunder shall be governed by the laws of the State of North
Carolina.
c. pispute Resolution. Any and all suits or actions to enforce, interpret or seek damages
with respect to any provision of, or the performance or non-performance of, this
Agreement shall be brought in the General Court of Justice of North Carolina sitting in
Orange County, North Carolina. It is agreed by the parties that no other court shall have
jurisdiction or venue with respect to such suits or actions. The Parties may agree to
nonbinding mediation of any dispute prior to the bringing of such suit or action.
d. Entire Agreement. This Agreement, together with the RFP and its attachments and the
Proposal and its attachments, represents the entire and integrated agreement between the
County and the Provider and supersedes all prior negotiations, representations or
agreements, either written or oral. This Agreement may be amended only by written
instrument signed by both parties. Modifications may be evidenced by facsimile
signatures.
e. Severability. If any provision of this Agreement is held as a matter of law to be
unenforceable, the remainder of this Agreement shall be valid and binding upon the
Parties.
f. Ownership of Work Product. Should Provider's performance of this Agreement generate
documents, items or things that are specific to this Project such documents, items or
things shall become the property of the County and may be used on any other project
without additional compensation to the Provider. The use of the documents, items or
Revised July 2010 G
things by the. County or by any person or entity for any purpose other than the Project as
set forth in this Agreement shall be at the full risk of the County.
g. Non-Appropriation. Provider acknowledges that County is a governmental entity, and
the validity of this Agreement is based upon the availability of public funding under the
authority of its statutory mandate.
In the event that public funds are unavailable and not appropriated for the performance of
County's obligations under this Agreement, then this Agreement shall automatically
expire without penalty to County immediately upon written notice to Provider of the
unavailability and non-appropriation of public funds. It is expressly agreed that County
shall not activate this non-appropriation provision for its convenience or to circumvent
the requirements of this Agreement, but only as an emergency fiscal measure during a
substantial fiscal crisis.
In the event of a change in the County's statutory authority, mandate and/or mandated
functions, by state and/or federal legislative or regulatory action, which adversely affects
County's authority to continue its obligations under this Agreement, then this Agreement
shall automatically terminate without penalty to County upon written notice to Provider
of such limitation or change in County's legal authority.
h. Notices. Any notice required by this Agreement shall be in writing and delivered by
certified or registered mail, return receipt requested to the following:
Orange County
Attention:
P.O. Box 8181
Hillsborough, NC 27278
Provider's Name & Address
IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have.
hereunder set their hands and seal, all as of the day and year first above written.
ORANGE COUNTY:
By:
PROVIDER:
By:
Printed Name and Title
Chair
Orange County Board of Commissioners
Attest:
Donna Baker, Clerk to the Boaud
[SEAL]
Revised July 2010
This instrument has been approved as to teclmical content.
Department Director
This instrument has been pre-audited in the manner required by the Local Government Budget
and Fiscal Control Act.
Office of the Finance Director
This instrument has been approved as to form and legal sufficiency.
Office of the County Attorney
Revisers July 2010 8
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Orange County
Department of Asset Management and Purchasing Services
ADDENDUM #1
August 19, 2010
RFP #5166
UTILITY BILL AUDITING SERVICE
To all Vendors:
Modifications to bid documents for the above named Request for Proposal are made as follows and shall be
included in the proposed amount.
Questions received, with answers
1. Do I interpret Section 2.7 Fees to mean, compensation based on recoveries only and not on any future savings?
A: Respondents can also propose future savings. It would be one of the items considered during evaluation.
Please clearly specify time periods and percentages.
2. We did receive a copy of the above noted RFP and it appears to be for refund/recovery only. Is the County
interested in cost savings going forward? If so, how would the County prefer the pricing for that aspect?
A: See #1
A:
3. What is the annual spend on energy? If possible, list by type.
Utilities FY OS-09 Providers
Electricit $552,167.03 Duke Ener Piedmont Electric
Natural Gas $230,638.85 PSNC
Water
$58,233.77 Town of
Hillsborou h
OWASA ORANGE-ALAMANCE
WATER SYSTEM lNC
Pro ane $10,075.83 Carolane Pro ane
Fuel Oil $22,841.00 Creedmore
4. How many locations is the County having audited?
A: 46 locations
5. What companies are the primary utility providers?
A: See #3
6. Are there locations with 24/7 hours of operation?
A: Yes, three. Two EMS Substations and the 91 i Center at the Meadowlands
7. Are Has another firm ever audited the County's bills? If so, what were the results?
A: Yes, Robert S. Segal, CPA PA in 2005 with favorable results
All other terms and conditions shall remain the same.
8. Which utilities do you all buy from?
A: See #3
Page 1 of 2
9. I see that the scope shows refunds of overpayments -would you all interested in savings ideas going forward as
well?
A: See #1
10. Since the look-back is for 5 years worth of data, it looks like you all may have done this exercise before - if so,
would it be possible for us to see the accepted bid of the company that did the audit?
A: See #7, bids were not solicited for the work
By: David E. Cannell, Purchasing Agent
dcannell co.orancle.nc.us ~ (919) 245-2651
A signed copy of this addendum shall be included with the bid submitted by your company
Company Name:
By:
Date Received:
P.O. Box 8181 131 W Margaret Lane Suite 301 Hillsborough, North Carolina 27278
Telephones: Area Code 919 245-2651 Fax: 919 644-3001
Page 2 of 2
,, RANE C:UN~I' I; .OI~~H CAROI~II'~T~-
REQUEST FOR PROPOSAL NO. RFP 5166
UTILITY BILL AUDITING SERVICE
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a cost management company
Prepared by
UTILITIES REDUCTION SPECIALISTS, Inc.
August 26, 2010
Page 1 of 19
Proposal Response Cover Sheet
RFP 5166
Utility Bill Auditing Service
Use this address for all U.S. Postal Service, express courier and hand deliveries.
Orange County, Asset Management & Purchasing Services
131 W Margaret Lane Suite 301- PO Box 8181
Hillsborough, North Carolina 27278
The undersigned, having carefully read and considered the Request for Proposal to provide audit of utility bills for
Orange County, ,does hereby offer to perform such services on behalf of the County in the manner described and
subject to the terms and conditions set forth in the attached proposal. Services will be performed at the rates set
forth in said proposal.
OFFEROR
Company Name: Utilities Reduction Specialists, Inc
Doing business as: [ ] an individual [ ] a partnership [X ] a corporation (] a limited liability
company (mark appropriate box), duly organized under the laws of the State of
J~ iV i %~KirtM
gy; Steven D. Mann
(Signature of authorized representative) (Please Print or Type Name)
PRINCIPAL OFFICE ADDRESS:
Street Address 2311 Neudorf Road
aY Cl~rnxis County Fors
State North Carolina Zip Code 27012
Telephone ,(336) 397-7100 FAX (336) 766-1553
Email Address steve.mann(lurs-solutions.com
TAXPAYER IDENTIFICATION NUMBER:
56-2007967
Federal Tax I.D Number
Page 2 of 19
3
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Thursday, August 26, 2010
Utilities Reduction Specialists, Inc.
PO Box 1810, 2511 Neudorf Rd., Suite H.
Clemmons, NC 27012
Steve Mann, President, PH:336-397-7100 Fax: 336-766-1553
David Cannell, Purchasing Agent
Orange County, Asset Management & Purchasing Services
PO Box 8181
131 W Margaret Lane, Suite 301
Hillsborough, NC 27278
Subject: RFP Response for Utility Bill Auditing Service
Dear Mr. Cannella
Thank you for the opportunity for URS to respond to your request for Utility Bi1lAuditing Services.
Several of the key points regarding our services are as follows:
• You reserve the right to accept or reject any of our recommendations.
• If we find no cost reductions/refunds, there are no fees for our service.
• Our services are paid for only as you experience savings - we are in the budget!
• Most of our work is performed off site -not another project for you or your staff.
We have helped our clients save over $18 million over the past nineteen years and have grown to a staff of 7
professionals. The client savings range has been from $3,000 to over $300,000 for a success rate of 77.5%. We
have worked with 170 city and count governments, 121 of which are here in North Carolina.
Thanks once again for the opportunity to present our services. We look forward to assisting you in further reducing
energy costs for Orange County government.
The undersigned, whose title and position with UTILITIES REDUCTION SPECIALISTS, Inc. is stated next to or
beneath his or her signature, has the authority to submit this proposal (including this cover letter) on behalf of
UTILITIES REDUCTION SPECIALISTS, Inc. in response to the Request for Proposals for Utility Bill Auditing
Services as requested by the County.
Unless otherwise clearly stated in this response to the RFP, our proposal accepts the terms and conditions stated in
the RFP, including the services to be performed and the provisions of the contract to be signed.
The undersigned candidate has read all the addendums (none) issued by the County for this RFP, through an and
including Addendum No. 001.
Sincerely,
.~~+~ ~V i iJ'
Steve Mann
President
2511 Neudorf Road, Suite H P.O. Box 1810 Clemmons, NC 27012 Ph. 336-397-7100 Fax (336)766-1553
Page 3 of 19
4,0 EVALUATION CITERIA:
The following criteria and rating schedule will be used to determine the most highly qualified firm(s)
for this project:
Proposed Approach to Project (section 2.3)
Firm Qualifications & Experience (section 2.5)
Specific Experience in Similar Public and Government Projects (section
2.6) Qualifications & Experience of Key Personnel (section 2.5)
Results of Reference Checks (section 2.6)
Proposed Fee (section 2.7)
5.0 SELECTION PROCEDURE:
51 Proposals will be reviewed for responsiveness, and responsive proposals will
further be screened by a selection committee in accordance with the above
criteria. The firm(s) submitting the most highly-rated proposals maybe invited
for interviews. If the County chooses to conduct interviews, the firm's Lead
Representative(s) must be present.
52 The County reserves the right to make an award without further discussion of the
submittal with the proposer. Therefore, the proposal should be submitted initially
on the most favorable terms that the firm or individual may propose.
5.3 The County reserves the right to award a contract to the firm or individual who,
in the sole judgment of the County, provides the most favorable responses to this
RFP pursuant to the Evaluation Criteria indicated above.
5.4 The County reserves the right to reject any or all proposals, or to waive minor
irregularities in said proposals, or to negotiate minor deviations wide the
successfial firm.
Page 4 of 19
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PROPOSAL FOR INDEPENDENT AUDIT REVIEW
FOR UTILITY BILLS
2.3 Proposed Approach to Proiect
A. Understanding of the Proiect
Our experience in working with local governments has equipped us with knowledge
of where to look for opportunities for cost savings and knowledge of the legislation
and government tariffs that one must navigate to be successful in what we do. Our
engagements with local governments over the years have created a wealth of cost
saving innovative .ideas that we bring to our clients as well.
As requested in this RFP, we will perform a comprehensive analysis of your
electric, natural gas, propane, fuel oil, and water, to obtain cost savings and refunds
and will adhere to the project schedule provided in the RFP.
We look forward to helping the County "Find Money" and "Keep More" of what
you already have.
Page 5 of 19
B. Detailed Work Plan
Typically our clients are overpaying for their energy needs in two ways: (1) as a
result of billing errors that our firm corrects and for which we secure refunds and
credits, and (2) as a result of over-priced and/or under-used services which we
identify and for which we recommend more cost-effective- alternatives. While the
majority of our recommendations are accepted because they make good business
sense, we strongly believe that our clients should remain in complete control of their
services and expenses. Therefore, it is important to note that you are under no
obligation to accept or implement our recommendations. To summarize; we
ensure that:
• You are receiving the equipment and services for which you are paying.
• You are using the equipment and services for which you are paying.
• You are paying the lowest price by contract, tariff, regulatory charges and taxation.
• You are provided with more cost effective options and alternatives where appropriate.
Specific to conducting a utility bill audit, URS agrees to analyze bills and records.
This will include seeking refunds and credits as well as creating a cost savings plan.
URS utilizes proprietary and tested techniques to achieve maximum cost reductions.
In the area of utilities our services include the following:
• Secure a Letter of Agency from the County to show URS is acting on your
behalf.
• Send Letter of Agency on County Letterhead to all County billing vendors.
• Request a monthly billing history on all County electric billing accounts and/or
register to access this information electronically. (12 - 24 months depending on
your vendors' availability)
• Come on site and copy County billing records to complete this billing review.
• As identified, notify County of any billing errors and refund opportunities for the
County as well as any future cost savings opportunities resulting from proposed
billing changes.
• Prepare all documentation for submission to vendors for refund requests and/or
billing changes.
• Provide a summary report on a periodic basis during and at the end of the project
outlining changes and savings achieved.
Page 6 of 19
• Our bill reviews will include the following:
• Error detection (errors in initial account setup, meter multiplier, etc.)
• Meter consolidation opportunities
• Optimization of rate schedules
• Verification of demand charges and contracts
Upon completion of our analysis, Orange County will be presented with a final
report consisting of an executive summary, savings summary and complete
documentation of our findings. (See Appendix for sample reports) The findings
will identify refunds and recommendations for cost savings measures. Furthermore,
you reserve the right to reject any recommendation made by URS without
obli ation.
We provide our clients with the assurance that if we can not quantify your savings as
attributable to changes we have recommended, then you are not obligated to pay
us for those recommendations. Once we deliver our final report you are free to seek
out other vendor recommendations with the confidence that we will not be compensated
for those savings.
The nature of our service does not require us to work on site. We will need only to
have a brief conference call with those individuals with whom we will interface
during the project. All that we ask is that vendor files providing one month's copies
of the bills be made available to us.
We will typically complete our report within 6 - 10 weeks of the time we received a
signed contract, letter of authorization, and bill copies. .You will receive interim
reports notifying you of our progress and cost reduction opportunities during the
audit process. Often our clients have realized the majority of the refunds/savings
opportunities by the time they receive our final report.
Page 7 of 19
What We Require From You:
The nature of our service requires minimal work on site. In order to have a
successful audit, we will also need you to participate as follows:
• Inform URS of any billing errors you have akeady identified and are working on.
(These will be excluded from our audit and no fees charged.).
• Inform URS of any other energy cost reduction measures you are currently
investigating so that we can avoid a duplication of efforts. (These will also be
excluded from our audit)
• Inform URS if you anticipate making any changes in your equipment and/or
services, or if you expect any changes in your operations to impact your utility
use and expenses.
• Make available copies of all the bills to be audited and any related vendor
contracts. (We can make copies while we are on site if that best suits you.)
• Provide a point of contact for billing information and technical questions.
• Register for online bill access if available and provide access to URS.
• Evaluate and respond to our correspondence and reports on a timely basis.
Refunds can fall under the following categories.
• Billings inconsistent with contractual terms
• Billings for services, or equipment the client is not receiving
• Overcharges for otherwise legitimate charges such as regulatory charges,
taxation, etc.
URS takes pride in our expertise and professionalism. As a result we require
minimal involvement from the client. Our clients are very pleased with how
unobtrusive our processes are to their business operation.
C. Description of Proposed Schedule
• Gather information. -one week
• Assemble information and enter into a workable database. - 1 week
• Analyze billings for refunds and cost savings opportunities against our standard
metrics. - 2 weeks
• Prepare and present preliminary report with findings to date as well as questions.
Decide whether to move forward with opportunities to date and agree on
direction of remaining work to be completed. - 1 week
• Complete audit and prepare and present final report. - 1 week
• Implement accepted recommendations. - 4 weeks (Vendor time)
• Verify implemented recommendations are billing correctly. - 4 wks (Bill cycle)
Note: the time table presented assumes that your vendors will provide any needed information in a timely fashion. To
a large degree their responsiveness is not under our control.
Page 8 of 19
2.4. Firm Description
Utilities Reduction Specialists, Inc., (URS) is an S-Corp with an 18 year track
record of providing cost reduction services to local governments in NC, SC, TN,
and VA. Founded in December of 1991, URS has worked with over 170
ci /county governments during that time and have saved our clients including local
governments over $18 Million from our efforts. We employ a staff of 7
professionals. Until recently URS marketed our services in NC, SC, TN, WV, and
VA. We now have clients in FL, GA, TX, MI, WI, IA, WY, LA, OH, and PA. We
look forward to expanding our government client footprint into Pennsylvania.
Our firm was founded on the basis that we want to provide all the services we offer
from our staff rather than through brokering services through other companies or
partnerships. We have through this process; been able to control the quality of the
deliverables to the clients we serve and maintain the quality that our clients demand.
2.~ Qualifications and Experience
Our firm has worked with over 700 clients, 170 of which are city and county
governments. These municipalities and counties range in population from 15,000 to
over 600,000. We have performed audits for 6 of the largest city/county
governments in North Carolina and our experience in this area is second to none.
On average we have been able to reduce our government clients' annual
telecommunication expenses by nearly $24,000 and in several cases by over
$100,000. In the past 12 months we have found energy refunds and first year
savings of over $250,000 for our local government clients. See local government
reference list below.
Proiect Staffing
Our firm employs seven employees and functions much like an accounting practice
using the team audit approach. Steve Mann, President, and Ken Burkel, VP of
Marketing have the responsibility of presenting audit results back to clients and
securing client agreement to accept our cost reduction recommendations. Cheryl
Reklis is the lead auditor that would be assigned to your account. Cheryl has been
with us for thirteen years. Ms. Reklis has worked with over 50 URS local
government projects including City of Raleigh and City of Greensboro as well as
40+ counties here in the state. Tammy Williams has been with us for 15 years
and has worked with at least 40 local government audits as well. The two of them
know where to look for errors and opportunities.
Because circumstances surrounding each client vary significantly, extensive URS
management involvement is typical. Mr. Burkel and Mr. Mann have been with the
company since its inception. Our auditors' average over 10 years experience with
our company and have college degrees.
Page 9 of 19
How is URS unique?
Our firm is probably unique from others responding to this proposal in terms of our
years of experience in this business and number of city/county clients.
Types of businesses URS has served
• Over 170 Cities and counties including 121 here in NC.
• Over 70 Hospitals
• Over 40 Banks and Credit Unions
• .Over 400 other clients across all business segments
~.
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~~.
80 NC County Clients - 41 NC Municipality Clients
W iv URS?
• I9 veers of NC Govenmenl client mlasionshipc
• Sl7 million bcliesl saving
• Over 600 ciuas (121 NC bcal govirnmenu)
• TekcomR Cellular Reviews • Oavpsrcy Tax Audio
• Ercrgy Bill Revicwa • Wellness Pmgrasrc
• Telccom Coroviiig • Husinccs Liansc Audio
• Sales Ta<Rmlb®tion • Medial Claissn Reviews
Page 10 of 19
2.6 References
URS UTILITY AUDIT CLIENT REFERENCES
August 2010
CLIENT LOCATION CONTACT TELEPHONE
City of Burlington Burlington, NC Bill Ray (2009) 336-222-5014
City of Durham Durham, NC Angela Breeden (Current) 919-560-4197
City of Hendersonville Hendersonville, NC Jim Rudisill (2010) 828-697-3020
Robeson County Lumberton Ken Windley (2010) 910-671-3022
City of Hickory Hickory, NC Deanna Rios (2010) 828-323-7417
Town of Mooresville Mooresville, NC Maia Setzer (2010) 704-663-3 ] 85
City of Salisbury Salisbury, NC Teresa Harris (2010) 704-638-5313
Brunswick County Government Bolivia, NC Ann Hardy (2010) 9 ] 0-253-2070
City of Raleigh Raleigh, NC Martin Petherbridge 919-996-3162
(2009.- 2010)
Lincoln County Government Lincolnton, NC Leon Harmon (2010) 704-736-8487
We do not feel it is appropriate to divulge individual client audit information, but we have included
a reference list. However, listed below are actual examples of refunds and savings.
• Local Government 1 received refunds of $4,869 and $56,076 in first year savings.
• Local Government 2 received $3,126 in phone refunds and first year energy savings totaling over $102,295.
• Local Government 3 had first year cost reductions of $11,458 and phone refunds totaling over $34,400.
• Local Government 4 received refunds on telecom bills of $3,750 and first year savings of over $31,560.
• Local Government S received a refund on cellular billing of over $31,000 and first year savings of $21,200.
• Local Government 6 received a refund of over $52,000 for one billing error on an energy bill.
• Local Government 7 had refunds in excess of $178,000 on one billing error that occurred over 4,000 times.
• Local Government 8 with a population of 65,000 received first year refunds and savings of over $41,000.
• Local Government 9 with a population of only 20,000 had first year cellular bill savings of over $12,000.
• Local Government IO with a population of over 100,000 was able to reduce cell phone costs by $56,000.
Page 11 of 19
2.7 Proaosed Fee
Oation A
1. 45% as a percentage of credits/refunds. Fee payable within 30 days of receipt of
credit or refund.
2. 45% fee as a percentage of ongoing savings resulting from lower monthly costs
actually attained as a result of our services.
3. Savings are billed monthly fora 12-month period.
4. See Appendix B for examples of our invoices
Oation B
1. 33% as a percentage of credits/refunds. Fee payable within 30 days of receipt of
credit or refund.
2. 33% fee as a percentage of ongoing savings resulting from lower monthly costs
actually attained as a result of our services.
3. Savings are billed monthly fora 24-month period.
4. See Appendix B for examples of our invoices
2.8 Required Statements
Insurance Coverage.
URS maintains general business liability and professional errors and omissions liability
insurance with the Hartford Insurance Company in the amounts of $2,000,000 and
$1,000,000 respectively and will provide a certificate of insurance with the County
listed as an additional insured where appropriate.
Conflict of Interest.
Utilities Reduction Specialists, Inc. warrants that no official or employee of the county
has an interest, have been employed or retained to solicit or aid in the procuring of the
resulting contract, nor that any such person will be employed in the performance of
such contract without immediate divulgence of such fact to the County.
Non-Collusion.
Utilities Reduction Specialists, Inc. warrants that our offer is made without any
previous understanding, contract or connection with any person, firm or corporation
submitting a separate proposal for the same project and is in all respects fair, without
outside control, collusion, fraud or otherwise illegal action.
Page 12 of 19
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Appendix
Page 13 of 19
A-1
Sample Energy Recommendations
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xwH
Month
cwt ~
e
, ,
.P~I.U1N 1
60
4U
Oo-Pesk ' QiFPeak ~ oft ~ .~
5
1 S~ IpN
i~ "
()
0
s.a~ iNCS ,
-
?
_ i~
I
-
_ _j
50 { $276.29 ~ $894.99 i $21.00
Jan-08 14,150 650 56 _
,
$ 192.27 L
--. ~
8490
5660 Y
$42262 00
56519_2___~
_511~ t
1,095
$ SQ6.73
6
--
Feb-O8 23,800 54.50 54.50 ~ $266.51 ($1,505.35 $21.00
i_
700 5450 54.50 $26651 ~ $993.03 521.00
1 Mar-08 15 $],792.86
$1,28053 I 9,55 14,280
~ 6280 ~ 9,420 ~ 5407.66
540766 51,096.51 521.00
572333 521.00 $1,525.1 i
_ _
$1151. ;.68
52
512854.
,
A r-08 16,100 4650 46.50 $22739 151018.33 -$21.00_
__.
P
L $1,26671 ~ 64409,660
_ _._.. _534_78_2_ _$741.76;521.00
~ $I110.~b
- - 5156.]3
__i__..
_._
(~ .May-08 19,700. 54 50 54.50 ; $266.51 $1,246.03 $21.00
_ __ __
! $1,533.53_
_
~ ,_~, _ 7,880 + 11,820
.I. _.........v._..
13
290
I 8
860 5407.66
®_ ~_ __-
90 f
5494 5907~~~521.00
020
49 1511
00
51 $1,336.28 _
$1
53639 S197.25
5125.20
$239.61 $1,400.99 ; $2].00
tun-08 22,150 4900 49.00 $],661.60 ,
,
; . .
.
, ,
I Jul-08 2750 10250 102.50, 5501.23 1 $1,729.89 52100 $2,252 i1 ~Y1Q940~___I6,410
14
730 51,035.25
5525
20 51,260521_00
00
51
131
07
521 _ 52,31632
67727
$1 (564.21)
5297 {0
Aug-07 24,550. 5200 82.00 5400.98 ~ 51,552.79 52100 _
$1,97477 ,
9820
__ _
~~ .
~ ,
.
~
. ,
_
P ~- ~~ ~~~~~
~ Se -07 23,950 50.00 8200 5400.98 51,514.84 521.00 ~- ~
51,93682 9,580 4,370
.~_ ____ t--- ~ 5505.00
.~.~__~ 51,103.42 152L00
----._~.. $1,62942 5307.39
'
' Oct-07 19,000 5850 8200 5400.98 $1,201.75 ! 52100 $1,62373 I 7,600 ~ 11,400 $437.58 587537 52100 $1 33395 5289.78
.
67
15
Nov 07 11,900 5300 53.00 525917 $752.68 $2100
521 ~
SS00 5
268.95 ~
550
Dec-07 13 $1,03285 .. ,_ 4,760 ! 7,140 ~ $396.44
X11 40 ~ 554826 51100
~ $62428
~1 ~ $96570 .
°3
59031'
^~T~ .
5
,
~
_ S18,694 76 H I 92576$140 i
~ S16,735.29 1 959.47
S
1 I l i i 7 -~ I ~
s 3%tax
_ __ _ _ _ --
56 Kw
'
L __
~
_.~
_
~ ~_..._ .~~.~_ .._..__.t
, ;
_.
'
L_1
~~
Total
_(.
__
~ I (
_. _
' B
ll
d (
Mi
i t_ ...... _•
I
e 1
Fr
~
Iled _, _._..._._
otal
Demand
c- 1
~._ _~
Demand ~
Cost
~ Actual Minlmum; Free
Billed Demand I ; mum
i
e
n
_ e ;
...
~
~
Monffi
_ _.
~~ 1/
1/09
~
Kw
54.3
i
Kw Kw i
60 30 30 $98057 28 54 3 30 24 3 ~ $79.84 m
r"_`
Sa_.-_~ L
x$18 73
j
~ 2/1/09 55.8_ 60 ~ 30 30 ~ $98.57 28 55.8
~ 30
~ 25.8
_ _ $84.84
...._.. _ ;
I $13 73
..
I
3/1/09
4/1/08 43.1
52.2 60 ~ 30 ~ 30
60 ' 30 30 $98.57 (
$ 57 43.1 J
28
28 52.2 ~30!_
30 13.1
22.2 ~ $43.17
$72.94 - $55 40
i $25.63
_
5/1/08 _
34
3 _ _
60 30 30 _
$98
57 _
~ 28 34.3 30 4.3 $14.10 I $84.48
•
_
I~y`6/1/08
' 7/1/08 .
52.8
53.5 60 30 ~ 30
_60 ~30 30
~
mm .
$98.57 ~
$98.57 28 - 52.8_
28 ~ 53.5
~
34
5
~~ 30
30
30 22.8
2_3.5
5 _
y 4 $74.98
$77.31
$14
62 _
$23.59
$2126
$83 95
6/1/08 34.5 60 ; 30 30 $98.57 .
28
~
_ _.~ .
_
f .
9/1/08 34
1 60
30 ~ 30 $96
57 ~ 34
1
28 30 4 1 $13
54 $85 03
~
' 10/1/08
-
11/1/08
ti .
~
6.9
54.7 ~~
60 j 30 ; 30 _
._
60 30 ~ 30
~ _
.
$98.57 ~~
$98.57 ' ~ .
_
_ 28 1 z3.o
28 ~ 54 7
36
1
~ ~- 30
~30
30 0 0
-
24 7
6 .
$0.00
~_.
$81 29
$20 04 ~
$98 57 i_~
~_
$17 28~
~ $78
53
t/OB
1i
~_,.._._..~_._ 36.1
.w.._... 30 30
~ 60
.-.._._ ~ $98.57 .
~
28 t
_.. -- ~
~ .-
1 _ ~_ .
._._~.
__a..____
(
_~ __~ __
! ~
i~ ~
(
Estima
ted Annua
l Savin s
.5606.18
-
I _- _ _ I____----
Page 14 of 19
A-2
Billing Procedures for Energy Audits
On energy bill reviews, we provide our clients with the assurance that if we can not quantify
your savings as attributable to changes we have recommended, then you are not
obligated to pay us for those recommendations. We do not have a 2-year contract, rather a
12-month or 24-month billing term. Once we deliver our final report you are free to seek out
other vendor recommendations with the confidence that we will not be compensated for those
savings.
Energy
• The savings on energy are calculated on actual KW Demand and KWH usage each month.
These savings will be clearly documented and will balance to the total usage and dollars
actually shown on your monthly bills. You will be invoiced monthly based upon the
savin s shown on the prior month's bill attributable to our implemented changes and/or
error correction. Should you receive a refund or credit for past overcharges, you will be
billed within 30 days following the receipt of this credit or refund at the contract rate of the
savings for the month. During the 24-month billing cycle, should cost savings be reduced
or cease to exist, our billings will be reduced as well for the remaining months of the 24-
monthperiod.
Eligible Savings
• As stated in our agreement, you have the right to accept or reject any recommendations for
savings that we make. However, if you have already identified savings by in-house review
or through your other vendors, you may exclude these from our audit by specifying them in
the area provided for this in our agreement. If you find any other savings that we do not
identify in our report, then you are not obligated to pay us for these savings. Likewise, you
are not obligated to pay us for any additional savings found by your personnel or another
vendor or consultant, which are identified after we have presented our final report.
Page 15 of 19
~~ Xria~nrc.
a cost nrarursmmrrt cnnxKuxnu
~...
A-3
Our services are objective and unbiased. Our goal is to exceed your expectations!
Electric Bill Audit Review of 12 month electric bill histories for equipment and service errors
to ensure charges are correct and conform to current tariff.
Review current demand contracts and rate schedules for cost
effectiveness, including interruptible rate schedules.
Conduct feasibility studies to evaluate co-peak rate schedules, use of
back-up generators, and participate in special negotiations with utilities.
Identify low-cost facility modifications and conduct briefings with
personnel and maintenance staff.
Evaluate the effectiveness of operating schedule modifications and meter
consolidation opportunities.
OiUGas Audit Review 12 month billing histories for meter problems and for alternative
service opportunities.
Water/Sewer Analysis Review billing histories for rate schedule opportunities and abnormal
monthly usage.
Meter analysis for water and sewer usage and summary charges.
Comparative consumption analysis for leaks broken mains, etc.
Monthly Bill Management An energy management tool to evaluate and reduce utility usage.
Analyzes historical utility usage and costs by facility.
Identifies billing errors and problems with operations quickly and easily.
Identifies high-energy usage and costs for further analysis of potential
energy conservation measures -where to look first!
Changes in Service Request and verify implementation of any changes in service
approved by Client to reduce utility costs.
Refunds and Credits Request and verify all refunds or credits due to client.
Utility Consulting RFP development including vendor evaluation and selection for equipment
and services. Project management services for cutovers and equipment
installation.
*Clients are under no obligation to pay for recommendations that are not accepted and implemented
Page 16 of 19
j~ ~ :.
„~s,r,.~rm~,,, ~m„~„ u
URS/TRS has worked with 170 City/County Governments over the past 19 years.
,North Carolina Counties t80) iVortlr Carolina Cities (41)
Alexander Jackson Asheville Salisbury
Avery Jones Atlantic Beach Sanford
Beaufort Lee Black Mountain Shelby
Bertie Lenoir Burgaw Statesville
Bladen Lincoln Burlington Thomasville
Brunswick Macon Carolina Beach Wilmington
Buncombe Martin Carrboro Winston-Salem
Cabarrus McDowell Charlotte Valdese
Camden 'Mecklenburg Cherryville
Caldwell Mitchell Creedmoor
Carteret Montgomery Dunn
Caswell Moore. Durham
Catawba Nash Eden
Chatham New Hanover Fayetteville
Cherokee Northampton Forest City
Chowan Pamlico Gastonia
Cleveland Pasquotank Goldsboro
Columbus Pender Greensboro
Craven Person Henderson
Currituck Polk Hendersonville
Dare Randolph Hickory
Davidson Richmond Jacksonville
Duplin Robeson Kernersville
Durham Rockingham King
Edgecombe Rutherford Kings Mountain
Forsyth Scotland Lenoir
Franklin Stanly Mathews
Gaston Surry Mint Hill
Gates Transylvania Monroe
Graham Union Mooresville
Granville Vance Mount Holly
Greene Wake Raleigh
Guilford Warren Rockingham
Halifax Washington ~rQlnl[7 Counties (13)
Harnett Watauga Bland Pulaski
Henderson Wayne Floyd Rockingham
Hertford Wilkes Henry Southampton
Hoke Wilson Louisa Sussex
Hyde Yadkin Patrick Tazewel l
Iredell Yancey Pittsylvania Wise
Snut/2 Carolina Counties (221 Prince George
Abbeville Horry 1'ir~inia Cities (2)
Aiken Jasper Pulaski Roanoke
Anderson Kershaw South Carolina Cities (~)
Barnwell Lancaster Beaufort Mauldin
Cherokee Hampton Gaffney North Augusta
Colleton Marion Goose Creek
Dillon Marlboro Tennessee Carnties (7)
Dorchester Orangeburg Claiborne Roane
Florence Saluda Coffee White
Greenwood Spartanburg Hamblen Wilson
Hampton York McMinn
Our Utility bill and Tax audits have lowered county and city costs an average of $24,000 annually.
Page 17 of 19
99
d` w
j,
~~~IA tat°~~~~
Orange County
Department of Asset Management and Purchasing Services
ADDENDUM #1
August 19, 2010
To all Vendors:
Modifications to bid documents for the above named Request for Proposal are made as follows and shall
be included in the proposed amount.
Questions received, with answers
1. Do I interpret Section 2.7 Fees to mean, compensation based on recoveries only and not on any future
savings? A: Respondents can also propose future savings. It would be one of the items considered
during evaluation. Please clearly sped time periods and percentages.
2. We did receive a copy of the above noted RFP and it appears to be for refund/recovery only. Is the
County interested in cost savings going forward? If so, how would the County prefer the pricing
for that aspect? A: See #1
3 What is the annuals nd on ever . If ossible list b . A:
Utilities FY 08-09 Providers
Electrici $552 167.03 Duke Ener Piedmont Electric
Natural Gas $230, 638.85 PSNC
Water $58, 233.77 Town of
Hrllsbor h OWASA ORANGE ALAMANCE
WATER SYSTEMINC
Pro ane $10 075.83 Carolane Pro ane
Fuel Oil $22, 841.00 Creedmore
4. How marry locations is the County having
audited? A: 46 locations
S. What companies are the primary utility providers? A: See #3
6. Are there locations with 24/7 hours of operation? A: Yes, three.
Two E11tiS Substations and the 911 Center at the Meadowlands
7. Are Has another firm ever audited the County's bills? If so, what
were the results? A: Yes, Robert S. Segal, CPA PA in 2005 with
favorable results
All other temps and conditions shall remain the same.
8. Which utilities do you all
buyfrom?A: See #3
9. I see that the scope shows refunds of overpayments -would you all interested in savings ideas going
forward as well?
A: See #1
10. Since the look back is for 5 years worth of data, it looks 1~7ce you all may have done this exercise before - if
so, would it be possible for us to see the accepted bid of the company that did the audit?
A: See #7, bids were not solicited for the work
Page 18 of 19
By: David E. Cannell, Purchasing Agent dCallllell(C~CO.OTan eg riC.uS ~ (919) 245-2651
A signed copy of this addendum shall be included with the bid submitted by your company
Company Name: Utilities Reduction Specialists, Inc.
By: Steven D. Mann
Date Received: 8/19/2010
P.O. Box 8181 131 W Margaret Lane Suite 301 Hillsborough, North Carolina 27278
Telephones: Area Code 919 245-2651 Fax: 919 644-3001
Page 19 of 19