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Minutes of the Regular Meeting, September 9 ... - Digital Collections

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<strong>September</strong> 9-10, 2008 31367PERFORMANCE CONTRACTING SERVICES – NCAt its January 2007 meeting, <strong>the</strong> Board <strong>of</strong> Regents authorized Universityadministration to engage <strong>the</strong> services <strong>of</strong> Johnson Controls, Inc. <strong>of</strong> Lenexa, Kansas (JohnsonControls) – <strong>the</strong> highest ranked respondent <strong>of</strong> <strong>the</strong> related request for qualifications – to conductcertain preliminary studies <strong>of</strong> <strong>the</strong> University’s buildings and related systems, with <strong>the</strong> objective<strong>of</strong> later entering into a performance contract should <strong>the</strong> University conclude that it is in its bestinterest to do so. To date, Johnson Controls has completed <strong>the</strong> following steps toward such acontract:1. Established a baseline level <strong>of</strong> selected buildings’ current energy usage;2. Performed a detailed audit <strong>of</strong> <strong>the</strong> buildings’ supply systems (HVAC, steam,chilled water, etc.) and physical characteristics (insulation, windows, etc.);3. Developed recommendations for improvements and replacements to achieve <strong>the</strong>most likely and economical maximization <strong>of</strong> <strong>the</strong> buildings’ efficient use <strong>of</strong>energy;4. Estimated <strong>the</strong> financial savings that can be achieved after <strong>the</strong> improvements andreplacements are executed;Under <strong>the</strong> action requested herein, presuming a successful negotiation, JohnsonControls will complete <strong>the</strong> performance contracting engagement by:1. Assuming <strong>the</strong> design and delivery (i.e., general contracting) tasks and risksassociated with each identified renovation / upgrade / replacement project.2. Guaranteeing <strong>the</strong> overall savings projected.3. Assisting in savings measurement (as against <strong>the</strong> baseline) in accordance withgenerally accepted and agreed-upon measurement standards and techniques; and4. Accepting compensation only on <strong>the</strong> savings actually achieved and converselycompensating <strong>the</strong> University for savings not achieved.This methodology enables <strong>the</strong> University to proceed expeditiously and economicallywith <strong>the</strong>se projects avoiding discrete consulting and contracting engagements. It also is a wellestablished and generally accepted means <strong>of</strong> prolonging a building’s useful life while optimizingits physical operational characteristics.The improvements – primarily targeting <strong>the</strong> HVAC and building automation systemsin <strong>the</strong> classroom buildings on <strong>the</strong> South Oval – are cost-estimated at $21 million. Each majorelement <strong>of</strong> work will be subject to prior approval by <strong>the</strong> Board, including <strong>the</strong> approval to securerelated financing. Repayment will be accomplished using <strong>the</strong> energy and operational savingsproduced by <strong>the</strong> upgrades (presently estimated at $30.8 million over 20 years). The financialaspects <strong>of</strong> <strong>the</strong> negotiation will focus on <strong>the</strong> savings guarantee by Johnson Controls, on <strong>the</strong>irproposed compensation share, and on measurement processes and standards.President Boren recommended <strong>the</strong> Board <strong>of</strong> Regents authorize <strong>the</strong> President or hisdesignee to negotiate and award a contract to Johnson Controls, Inc. <strong>of</strong> Lenexa, Kansas, <strong>the</strong>highest ranked consultant, for physical facilities performance contracting services.Regent Dunning moved approval <strong>of</strong> <strong>the</strong> recommendation. The following voted yeson <strong>the</strong> motion: Regents Wade, Bell, Rainbolt-Forbes, Dunning and Clark. The Chair declared<strong>the</strong> motion unanimously approved.

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