HomeMy WebLinkAbout4.5 - 3464 Contract with Willdan Energy Solutions for
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STAFF REPORT
CITY COUNCIL
DATE: November 17, 2020
TO: Honorable Mayor and City Councilmembers
FROM:
Linda Smith, City Manager
SUBJECT:
Contract with Willdan Energy Solutions for an Investment Grade Audit
Prepared by: Laurie Sucgang, City Engineer
EXECUTIVE SUMMARY:
The City Council will consider approving a contract with Willdan Energy Solutions to
proceed with an Investment Grade Audit to develop energy efficiency and infrastructure
improvement projects.
STAFF RECOMMENDATION:
Adopt the Resolution Approving a Design-Build Energy Savings Performance Contract
with Willdan Energy Solutions.
FINANCIAL IMPACT:
There is no direct financial impact associated with the agreement at this time. Fiscal
impacts related to specific energy efficiency measures or infrastructure improvement
projects may be brought forward to the City Council for consideration upon completion
of the Investment Grade Audit (IGA). If the City does not move any projects into
construction, the City will be subject to pay $125,000 for the engineering and design
services completed during the IGA phase. Should the City move any projects into
construction, the City will not pay for the IGA phase. All proposed projects will be
evaluated to maximize savings of utility and operational costs.
If applicable, the cost of these services will be paid for in accordance with the adopted
annual budgets in the 2020-2025 Capital Improvement Program for the Citywide Energy
Improvements Project (CIP No. GI0121) and the Resiliency and Disaster Preparedness
Improvements Project (CIP No. GI0221).
DESCRIPTION:
The Public Works Department utilizes consultants on Capital Improvement Program
(CIP) projects. Services provided assist Staff in specific areas of technical and
professional expertise. Consultants are solicited through an open and competitive
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request for qualifications (RFQ) or request for proposals (RFP) process. The RFQ/RFP
processes are used to identify consulting firms and contractors with the necessary
background and experience to provide services and to ensure that the cost for services
is competitive. The RFQ/RFPs specify that selection would be based on quality and
completeness of submissions as well as a firm's experience with engagements of
similar scope and complexity. RFQ/RFPs were sent to firms and vendors previously
under contract with the City and to those that had expressed interest in receiving
RFQ/RFPs. The RFQ/RFPs were also posted on the City's website.
On September 23, 2019, the City issued an RFP for Citywide Energy Upgrades, which
included the development and implementation of approved projects coming from an
Investment Grade Audit (IGA). Nine proposals were received from the following firms:
1. NV5/Celtic
2. Schneider Electric
3. Partner Energy
4. SYSERCO
5. Willdan Energy Solutions
6. Information & Energy Solutions
7. EMG
8. ENGIE
9. OPTONY
After review of the proposals, Staff invited ENGIE, SYSERCO, Schneider Electric, and
Willdan Energy Solutions to interview and present their capabilities. Willdan Energy
Solutions was selected based upon its performance at the interview, its experience and
qualifications, and the qualifications of the individuals on their project team.
The IGA will contain a series of Energy Savings Measures (ESMs) and Facility
Improvement Measures (FIMs). The program is separated into two phases, each with
several distinct elements. The first phase is project development and the second phase
is implementation of the identified projects.
The components of the project development phase are incorporated into the design-
build energy savings performance contract and involve several stages of review of the
City’s assets. The IGA will provide an in-depth analysis of City property and facilities
and will be conducted to an industry standard level of detail to get competitive pricing on
subcontracted work. The audits are used to identify ESMs at an investment grade level,
meaning the degree of certainty in the savings associated with projects is high at the
completion of this stage.
The completion of the IGA will result in one or more groupings or packages/phases of
ESMs and FIMs that are feasible for the City to implement. The components of the
project implementation phase will be incorporated into one or more Energy Services
Contracts. Staff will return to the City Council at a subsequent date to request approval
of any Energy Services Contracts.
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California Environmental Quality Act
The action being considered does not constitute a “project” within the meaning of the
California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section
15378(a) as it has no potential for resulting in either a direct physical change in the
environment, or a reasonably foreseeable indirect physical change in the environment.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Resolution Approving a Design-Build Energy Savings Performance Contract with
Willdan Energy Solutions
2. Exihibt A to the Resolution - Design-Build Contract Willdan Energy Solutions
3. Request For Proposals for Citywide Energy Efficiency Projects
4. CIP No. GI0121 and No. GI0221
Reso No. XXX-20, Item X.X, Adopted 11/03/2020 Page 1 of 2
RESOLUTION NO. XXX- 20
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A DESIGN-BUILD ENERGY SAVINGS PERFORMANCE CONTRACT
WITH WILLDAN ENERGY SOLUTIONS
WHEREAS, the City purchases a substantial amount of electricity each year to
operate its facilities, and the City Council desires to reduce its electricity costs while
reducing greenhouse gas emissions; and
WHEREAS, the City issued a Request for Proposals (RFP) on September 23,
2019 for the purpose of evaluating the current state of municipal infrastructure and
operations to identify future opportunities for reducing utility and operating costs; and
WHEREAS, after the RFP period closed, the City evaluated the submitted
proposals and determined Willdan Energy Solutions submitted the best value proposal
based on responsiveness to the RFP, experience of the firm, experience and
qualifications of the individuals assigned in the proposal, and satisfaction of previous
clients; and
WHEREAS, the City Council now desires to award a Design-Build Energy
Savings Performance Contract (Agreement), attached hereto as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dublin
hereby approves the Agreement, attached hereto as Exhibit A, with Willdan Energy
Solutions.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does
hereby authorize the City Manager or her designee to execute the Agreement and take
other such actions necessary to effectuate its purpose and the purpose of this
Resolution.
PASSED, APPROVED AND ADOPTED this 17th day of November, 2020, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________________
Mayor
ATTEST:
Reso No. XXX-20, Item X.X, Adopted 11/03/2020 Page 2 of 2
_____________________________
City Clerk
City of Dublin : Energy Savings Performance Contract | Page 1
DESIGN-BUILD ENERGY SAVINGS PERFORMANCE CONTRACT
This Design-Build Energy Savings Performance Contract (the “Contract”) is made and entered into as of this day of
, 202 , between the Performance Contractor: Willdan Energy Solutions, a California corporation (“WES”), and City of
Dublin, a California municipal corporation (“Customer”), for the purpose of installing certain energy, water or other operating cost
saving equipment described in SCHEDULE A (SCOPE OF WORK), and providing other services designed to save energy, water
or other operating costs for the Customer’s property and buildings (the “Premises”).
RECITALS
WHEREAS, Customer owns and operates the Premises, and is in need of energy saving equipment and service designed to save
costs at said Premises;
WHEREAS, WES has made an assessment of the energy consumption characteristics of the Premises and existing equipment;
WHEREAS, Customer desires to retain WES to purchase, install and service certain equipment of the type or class described in
SCHEDULE A (SCOPE OF WORK), attached hereto and made a part hereof and to provide other services for the purpose of
achieving cost reductions within Premises, as more fully set forth herein; and
WHEREAS, Customer is authorized under the Constitution and the laws of the State of California to enter into this Contract for the
purposes set forth herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and intending to be legally bound
hereby, customer and WES hereto covenant and agree as follows: energy savings performance contract documents
SECTION 1 PERFORMANCE CONTRACT DOCUMENTS
Section 1.1 The Performance Contract Documents (hereinafter, “ESPC Documents”) consist of this Agreement between
Customer and WES and its attached Schedules and Exhibits (hereinafter, the "Contract"); other documents listed in
this Agreement; and Modifications issued after execution of this Agreement. A Modification is (1) a written
amendment to the Contract signed by both parties, including the Performance Contract Amendment, (2) a Change
Order, or (3) a Change Directive.
Section 1.2 The ESPC Documents form the Contract. The Contract represents the entire and integrated agreement between the
parties and supersedes prior negotiations, representations, or agreements, either written or oral. The Contract may be
amended or modified only by a Modification. The ESPC Documents shall not be construed to create a contractual
relationship of any kind between any persons or entities other than the Customer and WES.
Section 1.3 Attachments, Schedules, Exhibits, and Appendices: WES has prepared and Customer has approved and accepted the
Schedules as set forth below, copies of which are attached hereto and made part of this Contract by reference.
Note: Some Schedules, Exhibits and Appendices will be supplied in a later project Phase.
Schedules
SCHEDULE A. SCOPE OF WORK
SCHEDULE B. COMPENSATION TO WES (Broken out by phase)
SCHEDULE D. INSURANCE REQUIREMENTS
SCHEDULE E. ENERGY SAVINGS GUARANTEE (Completed with EXHIBIT 1.)
SCHEDULE F. BASELINE ENERGY CONSUMPTION (Completed with EXHIBIT 1.)
SCHEDULE G. SAVINGS MEASUREMENT & CALCULATION FORMULAE; METHODOLOGY TO ADJUST
BASELINE (Completed with EXHIBIT 1.)
Exhibits
EXHIBIT 1. PERFORMANCE CONTRACT AMENDMENT (Proposed at the conclusion of the IGA Phase)
EXHIBIT 2. CERTIFICATE OF SUBSTATIAL COMPLETION
EXHIBIT 3. CERTIFICATE OF ACCEPTANCE – PROJECT FINAL COMPLETION
City of Dublin : Energy Savings Performance Contract | Page 2
SECTION 2 THE WORK OF THE ENERGY SAVINGS PERFORMANCE CONTRACT
Section 2.1 The term "Work" means the design, engineering, construction and related services required to fulfill WES’s
obligations under the ESPC Documents, whether completed or partially completed, and includes all labor, materials,
equipment, and services provided or to be provided by WES.
Section 2.2 WES shall fully execute the Work described in the ESPC Documents, except to the extent specifically indicated in
the ESPC Documents to be the responsibility of others.
Section 2.3 WES shall perform all Work through Contractors or through the WES’s own forces.
Section 2.4 WES shall perform the Work in compliance with applicable laws, statutes, ordinances, codes, rules and regulations,
or lawful orders of public authorities in effect at the time of Contract or Amendment execution as applicable. If WES
performs Work contrary to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of
public authorities, WES shall assume responsibility for such Work and shall bear the costs attributable to correction.
SECTION 3 PHASES OF THE WORK
Section 3.1 Work shall be performed in three phases:
• The Investment Grade Audit (“IGA”) Phase
• The Construction Phase
• The Performance Guarantee Phase
outlined in SCHEDULE A (SCOPE OF WORK). WES will commence work for the IGA Phase upon
execution of this ESPC Agreement. The Construction and Guarantee Phases will commence at the conclusion
of the IGA Phase upon the execution of EXHIBIT 1 (PERFORMANCE CONTRACT AMENDMENT).
Section 3.2 The Scope of Work and Fee for each phase is defined in SCHEDULE A (SCOPE OF WORK) and SCHEDULE B
(COMPENSATION TO WES) respectively.
SECTION 4 ENERGY USAGE RECORDS AND DATA
Section 4.1 Customer has furnished or shall furnish (or cause its energy suppliers to furnish) to WES, upon its request, all of its
records and complete data concerning energy usage and energy-related maintenance for the Premises, including the
following data for the most current twenty-six (26) month period; utility records; occupancy information; descriptions
of any changes in the building structure or its heating, cooling, lighting or other systems or energy requirements;
descriptions of all energy consuming or saving equipment used in the Premises; bills and records relating to
maintenance of energy-related equipment, and a description of energy management procedures presently utilized. If
requested, Customer shall also provide any prior energy audits of the Premises, and copies of Customer’s financial
statements and records related to energy usage and operations for said 26-month period at said Premises, and shall
make agents and employees familiar with such records available for consultations and discu ssions with WES.
SECTION 5 COMMENCEMENT DATE AND TERMS
Section 5.1 Commencement Date: The effective date of this agreement is the date of the agreement’s last signature.
Section 5.2 Construction Phase: The Construction Phase will be a term set forth in EXHIBIT 1. (PERFORMANCE CONTRACT
AMENDMENT).
Section 5.3 Warrantee Commencement: Warrantees commence on the date of Substantial Completion, as defined in SCHEDULE
B (COMPENSATION TO WES), of the portion of the Project as established by the issuance of the Certificate of
Substantial Completion.
Section 5.4 Guarantee Phase: The Guarantee Phase will begin upon submission of the Certificate of Acceptance – Project
Completion and end in accordance with EXHIBIT 1. (PERFORMANCE CONTRACT AMENDMENT).
Section 5.5 Weather disruptions, availability of necessary equipment, remediation of hazardous materials, and other delays
beyond the control of WES shall not count toward the Construction Period. The completion dates will be modified
by change order for these events.
SECTION 6 CONTRACT SUM
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Section 6.1 The Contract Sum is the amount to be paid to WES for the performance of the Work. This amount includes:
• Stipulated Sum amount for the IGA Phase services as identified in SCHEDULE B (COMPENSATION TO
WES), and
• Stipulated Sum equaling the Cost of the Work plus Performance Contractor’s Fee for the Construction Phase
and Guarantee Phase as identified in SCHEDULE B (COMPENSATION TO WES), and
• Cost for the first year of the Guarantee Phase are included in the Construction Phase Contract Sum. Beginning
in year two of the Guarantee Phase, Customer will have the option to pay WES a Stipulated Sum annually for
each subsequent year of the Guarantee Phase if they wish to continue the Guarantee Phase services as
identified in SCHEDULE B (COMPENSATION TO WES).
SECTION 7 PAYMENTS TO WES
Section 7.1 WES Compensation and Fees: WES’s fees and compensation are set forth in SCHEDULE B (COMPENSATION
TO WES).
Section 7.2 Billing Information Procedure: Payments due to WES shall be calculated each month and paid in accordance with
SCHEDULE B (COMPENSATION TO WES).
Section 7.3 Payment: Customer shall pay WES within 30 days of receipt of WES’s application for payment. Amounts unpaid
thirty (30) days after the invoice date shall bear interest at 1.5% per month.
Section 7.4 Effective Date of Payment Obligation: See SCHEDULE B (COMPENSATION TO WES).
SECTION 8 FISCAL FUNDING
Section 8.1 Non-appropriation of Funds: In the event no Customer or other funds or insufficient Customer or other funds are
appropriated and budgeted, and funds are otherwise unavailable by any means whatsoever in any fiscal period for
which payments are due WES under this Contract, then the Customer will, not less than 30 days prior to the end of
such applicable fiscal period, in writing, notify WES of such occurrence and this Contract shall terminate on the last
day of the fiscal period for which appropriations were made without penalty or expense to the Customer of any kind
whatsoever, except as to the portions of payments herein agreed upon for which Customer and/or other funds shall
have been appropriated and budgeted or are otherwise available.
SECTION 9 CONSTRUCTION SCHEDULE AND EQUIPMENT INSTALLATION; APPROVAL
Section 9.1 Construction Schedule: Construction and equipment installation shall proceed in accordance with the construction
period in SECTION 5 (COMMENCEMENT DATE AND TERMS). A detailed schedule of construction will be
submitted to Customer following Commencement of the Performance Contract Amendment. This schedule will be
updated throughout construction to reflect ongoing progress on the Project.
Section 9.2 Systems Startup and Equipment Commissioning: WES shall conduct a thorough and systematic performance test of
each element and total system of the installed equipment in accordance with the procedures specified in SCHEDULE
G.1 (System Start-up & Commissioning), provided as part of the Performance Contract Amendment (EXHIBIT 1),
and prior to acceptance of the project by Customer. WES shall provide notice to the Customer of the scheduled test(s)
and the Customer and/or its designees shall have the right to be present at any or all such tests conducted by WES
and/or manufacturers of the equipment. WES shall be responsible for correcting and/or adjusting all deficiencies in
systems and equipment operations that may be observed during system commissioning procedures.
SECTION 10 EQUIPMENT WARRANTIES
Section 10.1 WES covenants and agrees that all equipment installed as part of this Contract is new, in good and proper working
condition and protected by appropriate written warranties covering all parts and equipment performance. WES further
agrees to deliver to Customer for inspection and approval; to pursue rights and remedies against manufacturer and
supplier of the equipment under the warranties in the event of equipment malfunction or improper or defective
function, and defects in parts, workmanship and performance, to notify the Customer whenever defects in equipment
parts or performance occur which give rise to such rights and remedies and those rights and remedies are exercised
by WES. The cost of any risk of damage or damage to the equipment and its performance, i ncluding damage to
property and equipment of the Customer or the Premises, due to WES’s failure to exercise its warranty rights shall
be borne solely by WES.
Section 10.2 All warranties shall be transferable and extend to the Customer. The warranties shall specify that only new, and not
reconditioned, parts may be used and installed when repair is necessitated by malfunction.
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Section 10.3 All warranties required hereunder shall be in force for a minimum of one year from the Substantial Completion date
as defined in Section 5.3 hereof.
Section 10.4 Notwithstanding the above, nothing in this Section shall be construed to alleviate/relieve WES from complying with
its obligations to perform under all terms and conditions of this Contract and as set forth in all attached Schedules.
SECTION 11 TRAINING BY WES
Section 11.1 WES shall conduct the training program described in SCHEDULE G.9 (Training Requirements), provided as part of
the Performance Contract Amendment (EXHIBIT 1). The training specified in SCHEDULE G.9 (Training
Requirements) must be completed prior to acceptance of the equipment installation. WES shall provide ongoing
training whenever requested by Customer with respect to updated or altered equipment, including upgraded software.
Such training shall be provided at no charge to the Customer.
SECTION 12 PERMITS AND APPROVALS; COORDINATION
Section 12.1 Permits and Approvals: Customer shall use its best efforts to assist WES in obtaining all necessary permits and
approvals for installation of the Equipment. In no event shall Customer, however, be responsible for payment of any
permit fees. The equipment and the operation of the equipment by WES shall at all times conform to all federal, state
and local code requirements. WES shall furnish copies of each permit or license which is required to perform the
work to the Customer before WES commences the portion of the work requiring such permit or license.
Section 12.2 Coordination During Installation: The Customer and WES shall coordinate the activities of WES’s equipment
installers with those of the Customer, its employees, and agents. WES shall not commit or permit any act which will
interfere with the performance of business activities conducted by the Customer or its employees without prior written
approval of the Customer.
SECTION 13 PERFORMANCE BY WES
Section 13.1 WES shall perform all tasks/phases under the Contract, including construction, and install the Equipment in suc h a
manner so as not to harm the structural integrity of the buildings or their operating systems. WES shall repair and
restore to its original condition any area of damage caused by WES’s performance under this Contract. The Customer
reserves the right to review the work performed by WES and to direct WES to take certain corrective action if, in the
opinion of the Customer, the structural integrity of the Premises or its operating system is or will be harmed. All costs
associated with such corrective action to damage caused by WES’s performance of the work shall be borne by WES.
Section 13.2 WES shall remain responsible for the professional and technical accuracy of all services performed, whether by WES
or its subcontractors or others on its behalf, throughout the term of this Contract.
SECTION 14 OWNERSHIP
Section 14.1 Ownership of Certain Proprietary Property Rights: Customer shall not, by virtue of this Contract, acquire any interest
in any formulas, patterns, devices, secret inventions or processes, copyrights, patents, other intellectual or proprietary
rights, or similar items of property which are or may be used in connection with the Equipment. WES shall grant to
the Customer a perpetual, irrevocable royalty-free license for any and all software or other intellectual property rights
necessary for the Customer to continue to operate, maintain, and repair the Equ ipment in a manner that will yield
maximal energy consumption reductions.
Section 14.2 Ownership of Existing Equipment: Ownership of the equipment and materials presently existing at the Premises at
the time of execution of this Contract shall remain the property of the Customer even if it is replaced or its operation
made unnecessary by work performed by WES pursuant to this Contract. If applicable, WES shall advise the
Customer in writing of all equipment and materials to be replaced at the Premises and the Customer shall within 30
days designate in writing to WES which equipment and materials that should not be disposed of off-site by WES. It
is understood and agreed to by both Parties that the Customer shall be responsible for and designate the location and
storage for any equipment and materials that should not be disposed of off -site. WES shall be responsible for the
disposal of all equipment and materials designated by the Customer as disposable off-site in accordance with all
applicable laws and regulations regarding such disposal.
Section 14.3 New Equipment: All new equipment or materials supplied to the Customer shall become the property of the
Customer.
SECTION 15 LOCATION AND ACCESS
Section 15.1 Customer shall provide sufficient space on the Premises for the installation and operation of the Equipment and shall
take reasonable steps to protect such Equipment from harm, theft and misuse. Customer shall provide access to the
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Premises for WES to perform any function related to this Contract during regular business hours, or such other
reasonable hours as may be requested by WES and acceptable to the Customer. WES’s access to Premises to make
emergency repairs or corrections as it may determine are needed shall not be unreasonably restricted by the Customer.
SECTION 16 EQUIPMENT SERVICE
Section 16.1 Actions by WES: WES shall provide all service, repairs, and adjustments to the Equipment Installed under terms of
this Contract pursuant to SCHEDULE G.4 (WES Maintenance Responsibilities), provided as part the Performance
Contract Amendment (EXHIBIT 1). Customer shall incur no cost for Equipment service, repairs, and adjustments,
except as set forth in SCHEDULE B (COMPENSATION TO WES), provided, however, that when the need for
maintenance or repairs principally arises due to the negligence or willful misconduct of the Customer or any employee
or other agent of Customer, and WES can so demonstrate such causal connection, WES may charge Customer for the
actual cost of the maintenance or repair insofar as such cost is not covered by any warranty or insurance proceeds.
Section 16.2 Malfunctions and Emergencies: Customer shall use its best efforts to notify WES or its designee(s) within 24 hours
after the Customer’s actual knowledge and occurrence of: (i) any malfunction in the operation of the Equipment or
any preexisting energy related equipment that might materially impact upon the guaranteed energy savings, (ii) any
interruption or alteration to the energy supply to the Premises, or (iii) any alteration or modification in any energy-
related equipment or its operation.
Section 16.3 Where Customer exercises due diligence in attempting to assess the existence of a malfunction, interruption, or
alteration it shall be deemed not at fault in failing to correctly identify such conditions as having a material impact
upon the guaranteed energy savings. Customer shall notify WES within twenty-four (24) hours upon its having actual
knowledge of any emergency condition affecting the Equipment. WES shall respond or its designee(s) shall respond
within twenty-four (24) hours to promptly proceed with corrective measures. Any telephonic notice of such conditions
by Customer shall be followed within three business days by written notice to WES from Customer. If Customer
unreasonably delays in so notifying WES of a malfunction or emergency, and the malfunction or emergency is not
otherwise corrected or remedied, such conditions will be treated as a Material Change and the applicable provisions
of SECTION 19 (MATERIAL CHANGES) shall be applied.
Section 16.4 Actions by Customer: Customer shall not move, remove, modify, alter, or change in any way the Equipment or any
part thereof without the prior written approval of WES except as set forth in SCHEDULE G.5 (Customer Maintenance
Responsibilities), provided as part the Performance Contract Amendment (EXHIBIT 1). Notwithstanding the
foregoing, Customer may take reasonable steps to protect the Equipment if, due to an emergency, it is not possible
or reasonable to notify WES before taking any such actions. In the event of such an emergency, Customer shall take
reasonable steps to protect the Equipment from damage or injury and shall follow instructions for emergency action
provided in advance by WES. Customer agrees to maintain the Premises in good repair and to protect and preserve
all portions thereof, which may in any way affect the operation or maintenance of the Equipment.
SECTION 17 UPGRADING OR ALTERING THE EQUIPMENT
Section 17.1 WES shall at all times have the right, subject to Customer’s prior written approval, which approval shall not be
unreasonably withheld, to change the Equipment, revise any procedures for the operation of the equipment or
implement other energy saving actions in the Premises, provided that:
• WES complies with the standards of comfort and services set forth in SCHEDULE G.3 (Standards of
Comfort) , provided as part the Performance Contract Amendment (EXHIBIT 1);
• such modifications or additions to, or replacement of the Equipment, and any operational changes, or new
procedures are necessary to enable WES to achieve the energy savings at the Premises and;
• any cost incurred relative to such modifications, additions or replacement of the Equipment, or operational
changes or new procedures shall be the responsibility of WES.
Section 17.2 All modifications, additions or replacements of the Equipment or revisions to operating or other procedures shall be
described in a supplemental Schedule(s) to be provided to the Customer for approval, which shall not be unreasonably
withheld, provided that any replacement of the Equipment shall be new and have equal or better potential to reduce
energy consumption at the Premises than the Equipment being replaced. WES shall update any and all software to be
used in connection with the Equipment in accordance with the provisions of Section 14.1 (Ownership of Certain
Proprietary Rights). All replacements of and alterations or additions to the Equipment shall become part of the
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Equipment described in SCHEDULE A (SCOPE OF WORK) and shall be covered by the provisions and terms of
SECTION 9 (CONSTRUCTION SCHEDULE AND EQUIPMENT INSTALLATION; APPROVAL).
SECTION 18 STANDARDS OF COMFORT
Section 18.1 WES will maintain and operate the Equipment in a manner that will provide the standards of heating, cooling, hot
water, and lighting, as described in SCHEDULE G.3 (Standards of Comfort) , provided as part the Performance
Contract Amendment (EXHIBIT 1).
SECTION 19 MATERIAL CHANGES
Section 19.1 Material Changes Defined: A Material Change shall include any change in or to the Premises, whether structural,
operational or otherwise in nature which reasonably could be expected, in the judgment of the Customer, to increase
or decrease annual energy consumption in accordance with the provisions and procedures set forth in SCHEDULE E
(BASELINE ENERGY CONSUMPTION) and SCHEDULE F (SAVINGS MEASUREMENT & CALCULATION
FORMULAE; METHODOLOGY TO ADJUST BASELINE) , provided as part the Performance Contract
Amendment (EXHIBIT 1), by at least 0.5% after adjustments for climatic variations. Actions by the Customer which
may result in Material Change include but are not limited to the following:
• manner of use of Premises by the Customer; or
• hours of operation for the Premises or for any equipment or energy using systems operating at the Premises; or
• permanent changes in the comfort and service parameters set forth in SCHEDULE G.3 (Standards of Comfort)
, provided as part the Performance Contract Amendment (EXHIBIT 1); or
• occupancy of the Premises; or
• structure of the Premises; or
• types and quantity of equipment used at the Premises; or
• modification, renovation or construction at the Premises; or
• the Customer’s failure to provide maintenance of or repairs to the Equipment in accordance with SCHEDULE
G.5 (Customer Maintenance Responsibilities) , provided as part the Performance Contract Amendment
(EXHIBIT 1); or
• any other conditions other than climate affecting energy use at the Premises.
Section 19.2 Reported Material Changes: Notice by Customer: The Customer shall use its best efforts to deliver to WES a written
notice describing all actual or proposed Material Changes in the Premises or in the operation of the Premises at least
30 days before any actual or proposed Material Changes is implemented or as soon as is practicable after an
emergency or unplanned event. Notice to WES of Material Changes which result because of a Bona Fide emergency
or other situation which precludes advanced notification shall be deemed sufficient if given by the Custom er within
48 hours after having actual knowledge that the event constituting the Material Change occurred or was discovered
by the Customer to have occurred.
Section 19.3 Unreported Material Change: In the absence of any Material Changes in the Premises or in their operations, the
baseline energy consumption as set forth in SCHEDULE E (BASELINE ENERGY CONSUMPTION) , provided as
part the Performance Contract Amendment (EXHIBIT 1), should not change more than 2% during any month from
the projected energy use for that month, after adjustments for changes in climate conditions. Therefore, if energy
consumption for any month as set forth in SCHEDULE E (BASELINE ENERGY CONSUMPTION) deviates by
more than 2% from the energy consumption of the same month of the preceding contract year after adjustments for
changes to climatic conditions, then such deviation shall be timely reviewed by WES to ascertain the cause of
deviation. WES shall report its findings to the Customer in a timely manner and WES shall determine what, if any,
adjustments to the baseline will be made in accordance with the provisions set forth in SCHEDULE F (SAVINGS
MEASUREMENT & CALCULATION FORMULAE; METHODOLOGY TO ADJUST BASELINE) and
SCHEDULE E (BASELINE ENERGY CONSUMPTION) , provided as part the Performance Contract Amendment
(EXHIBIT 1).
SECTION 20 INDEMNIFICATION
Section 20.1 WES shall indemnify, defend with counsel acceptable to Customer, and hold harmless Customer and its officers,
elected officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims,
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expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively,
“Liability”) of every nature arising out of or in connection with WES’s performance of the services called for or its
failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole
negligence or willful misconduct of the Customer.
Section 20.2 Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by California Civil
Code Section 2782, as may be amended from time to time, such duties of WES to indemnify shall not apply when to
do so would be prohibited by California Civil Code Section 2782.
Section 20.3 WES’s obligation to defend and indemnify shall not be excused because of WES’s inability to evaluate Liability or
because WES evaluates Liability and determines that WES is not liable to the claimant. WES must respond within
thirty (30) days to the tender of any claim for defense and indemnity by Customer. If WES fails to accept or reject a
tender of defense and indemnity within thirty (30) days, in addition to any other remedy authorized by law, so much
of the money due WES under and by virtue of this Agreement as shall reasonably be considered necessary b y
Customer, may be retained by Customer until disposition has been made of the claim or suit for damages, or until
WES accepts or rejects the tender of defense, whichever occurs first.
SECTION 21 CONDITIONS BEYOND CONTROL OF THE PARTIES
Section 21.1 If a party (“performing party”) shall be unable to reasonably perform any of its obligations under this Contract due
to acts of Nature, insurrections or riots, or similar events, this Contract shall at the other party’s option (i) remain in
effect but said performing party’s obligations shall be suspended until the said events shall have ended; or, (ii) be
terminated upon ten (10) days’ notice to the performing party, in which event neither party shall have any further
liability to the other.
SECTION 22 EVENTS OF DEFAULT
Section 22.1 Events of Default by Customer: Each of the following events or conditions shall constitute an “Event of Default” by
Customer:
• any failure by Customer to pay WES any sum due for a service and maintenance period of more than 30 days
after written notification by WES that Customer is delinquent in making payment and provided that WES is
not in default in its performance under the terms of this Contract; or
• any other material failure by Customer to perform or comply with the terms and conditions of this Contract,
including breach of any covenant contained herein, provided that such failure continues for 30 days after
notice to Customer demanding that such failures to perform be cured or if such cure cannot be effected in
thirty days, Customer shall be deemed to have cured default u pon the commencement of a cure within thirty
days and diligent subsequent completion thereof;
• any representation or warranty furnished by Customer in this Contract which was false or misleading in any
material respect when made.
Section 22.2 Events of Default by WES: Each of the following events or conditions shall constitute an “Event of Default” by
WES:
• the standards of comfort and service set forth in SCHEDULE G.3 (Standards of Comfort) , provided as part
the Performance Contract Amendment (EXHIBIT 1), are not provided due to failure of WES to properly
design, install, maintain, repair or adjust the Equipment except that such failure, if corrected or cur ed within 30
days after written notice by Customer to WES demanding that such failure be cured, shall be deemed cured for
the purpose of this Contract. (ii) any representation or warranty furnished by WES in this Contract is false or
misleading in any material respect when made;
• failure to furnish and install the Equipment and make it ready for use within the time specified by this Contrac t
as set forth in SCHEDULE A (SCOPE OF WORK) and SECTION 5 (COMMENCEMENT DATE AND
TERMS);
• any failure by WES to perform or comply with the terms and conditions of this Contract, including breach of
any covenant contained herein except that such failure, if corrected or cured within 30 days after written notice
by the Customer to WES demanding that such failure to perform be cured, shall be deemed cured for purposes
of this Contract;
• any lien or encumbrance upon the equipment by any subcontractor, laborer or material man of WES;
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• the filing of a bankruptcy petition whether by WES or its creditors against WES which proceeding shall not
have been dismissed within 30 days of its filing, or an involuntary assignment for the benefit of all creditors or
the liquidation of WES;
• Failure by WES to pay any amount due the Customer or perform any obligation under the terms of this
Contract or the Energy Savings Guarantee as set forth in SCHEDULE D (ENERGY SAVINGS
GUARANTEE) , provided as part the Performance Contract Amendment (EXHIBIT 1).
SECTION 23 REMEDIES UPON DEFAULT
Section 23.1 Remedies upon Default: All disputes shall be submitted to the individuals listed in SECTION 35 (NOTICE) for
resolution. In the event that a remedy acceptable to both Customer and WES cannot be found, either party may seek
remedy as outlined in SECTION 24 (MEDIATION).
SECTION 24 MEDIATION
Section 24.1 Any Claim arising out of or related to the Contract shall be subject to mediation as a condition precedent to arbitration
or the institution of legal or equitable proceedings by either party.
Section 24.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise,
shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association
currently in effect. Request for mediation shall be filed in writing with the other party to the Contract and with the
American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration
but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be
stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by
agreement of the parties or court order.
Section 24.3 The parties shall share the mediator's fee and any filing fees equally.
Section 24.4 The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon.
Section 24.5 Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction
thereof.
SECTION 25 REPRESENTATIONS AND WARRANTIES
Section 25.1 Each party warrants and represents to the other that:
• it has all requisite power, authority, licenses, permits, and franchises, corporate or otherwise, to execute and
deliver this Contract and perform its obligations hereunder;
• its execution, delivery, and performance of this Contract have been duly authorized by, or are in accordance
with, its organic instruments, and this Contract has been duly executed and delivered for it by the signatories
so authorized, and it constitutes its legal, valid, and binding obligation;
• its execution, delivery, and performance of this Contract will not breach or violate, or constitute a default
under any Contract, lease or instrument to which it is a party or by which it or its properties may be b ound or
affected; or
• it has not received any notice, nor to the best of its knowledge, is there pending or threatened any notice, of
any violation of any applicable laws, ordinances, regulations, rules, decrees, awards, permits or orders which
would materially and adversely affect its ability to perform hereunder.
SECTION 26 ADDITIONAL REPRESENTATIONS OF THE PARTIES
Section 26.1 Customer hereby warrants, represents and promises that it has provided or shall provide timely to WES, all records
relating to energy usage and energy-related maintenance of Premises requested by WES and the information set forth
therein is, and all information in other records to be subsequently provided pursuant to this Contract will be true and
accurate in all material respects.
WES hereby warrants, represents and promises that:
• before commencing performance of this Contract, it shall have become licensed or otherwise permitted to do
business in the State of California;
• it shall make available, upon reasonable request, all documents relating to its performance under this Contract,
including all contracts and subcontracts entered into;
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• it shall use qualified subcontractors and delegates, licensed and bonded in this state to perform the work so
subcontracted or delegated pursuant to the terms hereof;
• that it is financially solvent, able to pay its debts as they mature and possessed of suffic ient working capital to
complete the Work and perform its obligations under this Contract.
SECTION 27 WAIVER OF LIENS
Section 27.1 All property of the Customer is exempt from attachment and levy.
SECTION 28 COMPLIANCE WITH LAW AND STANDARD PRACTICES
Section 28.1 WES shall perform its obligations hereunder in compliance with any and all applicable federal, state, and local laws,
rules, and regulations, in accordance with sound engineering and safety practices, and in compliance with any and all
reasonable rules of Customer relative to the Premises. WES shall be responsible for obtaining all governmental
permits, consents, and authorizations as may be required to perform its obligations hereunder.
SECTION 29 INDEPENDENT CAPACITY OF THE CONTRACTOR
Section 29.1 The parties hereto agree that WES, and any agents and employees of WES, in the performance of this Contract, shall
act in an independent capacity and not as officers, employees, or agents of the Customer.
SECTION 30 NO WAIVER
Section 30.1 The failure of WES or Customer to insist upon the strict performance of the terms and conditions hereof shall not
constitute or be construed as a waiver or relinquishment of either party’s right to thereafter enforce the same in
accordance with this Contract in the event of a continuing or subsequent default on the part of WES or Customer.
SECTION 31 SEVERABILITY
Section 31.1 In the event that any clause or provision of this Contract or any part thereof shall be declared invalid, void, or
unenforceable by any court having jurisdiction, such invalidity shall not affect the validity or enforceability of the
remaining portions of this Contract unless the result would be manifestly inequitable or unconscionable.
SECTION 32 COMPLETE CONTRACT
Section 32.1 This Contract, when executed, together with all Schedules attached hereto or to be attached hereto, as provided for
by this Contract shall constitute the entire Contract between both parties and this Contract may not be amended,
modified, or terminated except by a written Contract signed by the parties hereto.
SECTION 33 FURTHER DOCUMENTS
Section 33.1 The parties shall execute and deliver all documents and perform all further acts t hat may be reasonably necessary to
effectuate the provisions of this Contract.
SECTION 34 APPLICABLE LAW
Section 34.1 This Contract and the construction and enforceability thereof shall be interpreted under the laws of the State of
California
SECTION 35 NOTICE
Section 35.1 Any notice required or permitted hereunder shall be deemed sufficient if given in writing and delivered personally or
sent by registered or certified mail, return receipt requested, postage prepaid, or delivered to a nationally recognized
express mail service, charges prepaid, receipt obtained, to the address shown below or to such other persons or
addresses as are specified by similar notice.
TO WES: TO CUSTOMER:
Willdan Energy Solutions City of Dublin
Attention: Scott McVey Attention: City Manager
2401 East Katella Ave #300 100 Civic Plaza
Anaheim, CA 92806 Dublin, CA 94568
SECTION 36 CUSTOMER’S COMPLIANCE WITH FACILITIES MAINTENANCE CHECKLIST
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Section 36.1 The parties acknowledge and agree that WES has entered into this Contract in reliance upon the prospect of earning
compensation based on guaranteed energy savings in energy used at Premises, as set forth on SCHEDULE D
(ENERGY SAVINGS GUARANTEE) and SCHEDULE B (COMPENSATION TO WES), provided as part the
Performance Contract Amendment (EXHIBIT 1).
Section 36.2 The parties further acknowledge and agree that the said guaranteed energy savings would not likely be obtained
unless certain procedures and methods of operation designed for energy conservation shall be implemented and
followed by Customer on a regular and continuous basis.
Section 36.3 Customer agrees that it shall adhere to, follow and implement the energy conservation procedures and methods of
operation to be set forth on SCHEDULE G.5 (Customer Maintenance Responsibilities), provided as part the
Performance Contract Amendment (EXHIBIT 1)and made a part thereof after Customer’s approval.
Section 36.4 Customer agrees that WES shall have the right once a month , with prior notice, to inspect Premises to determine if
Customer is complying, and shall have complied with its obligations as set forth above in Section 36.3 For the purpose
of determining Customer’s said compliance, the checklist to be set forth at SCHEDULE G.6 (Facility Maintenance
Checklist), provided as part the Performance Contract Amendment (EXHIBIT 1), as completed and recorded by WES
during its monthly inspections, shall be used to measure and record Customer’s said compliance. Customer shall
make the Premises available to WES for and during each monthly inspection and shall have the right to witness each
inspection and the recordations on the checklist.
SECTION 37 HEADINGS
Section 37.1 Headings and subtitles used throughout this Contract are for the purpose of convenience only, and no heading or
subtitle shall modify or be used to interpret the text of any section.
SECTION 38 BONDS
Section 38.1 Any and all bonds obtained by WES for this project shall specifically exclude coverage for those portions of the
Contract or the Work pertaining to design services and any other part of this Contract and the Contract Documents
which do not relate specifically to construction management and supervision of Work for purchasing and installing
of Equipment, or for work to be accomplished by the Customer.
SECTION 39 INSURANCE
Section 39.1 WES shall procure and maintain in effect insurance coverage as set forth in EXHIBIT C (Insurance Requirements),
attached hereto and incorporated herein.
SECTION 40 EPACT 179D
Section 40.1 To encourage the implementation of a more energy-efficient system, Section 179D of the Internal Revenue Code
provides for the allocation of a tax deduction based on the efficiency of the design. Since a public entity is exempt
from paying taxes, the Code permits this allocation to be passed along to the designer of the system as an additional
incentive to incorporate the most efficient system affordable. Accordingly, once the building/system is placed into
service, it is understood and agreed that the tax deduction granted pursuant to Section 179D of the Internal Revenue
Code will be allocated to Willdan, in consideration of which Willdan will use its best efforts to maximize the energy
efficiency of the design being contracted.
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SCHEDULE A. SCOPE OF WORK
1. The purpose of this proposal is to provide Investment Grade Audit (“IGA”) Phase services for Premises [see preliminary project
table on the follow page] needed to develop a Performance Contract proposal - Performance Contract Amendment (EXHIBIT
1).
2. GENERAL
a) Work shall be performed in three phases: The IGA Phase, Construction Phase, and Guarantee Phase as outlined in this
Schedule, SCHEDULE A (SCOPE OF WORK). Willdan Energy Solutions (WES) will commence work for the IGA Phase
upon execution of this Energy Savings Performance Contract. The Constructio n Phase and Guarantee Phase will
commence at the conclusion of the IGA Phase upon the execution of EXHIBIT 1. (PERFORMANCE CONTRACT
AMENDMENT).
b) The Scope of Work and Fee for each phase is defined in SCHEDULE A (SCOPE OF WORK) and SCHEDULE B
(COMPENSATION TO WES) respectively.
3. INVESTMENT GRADE AUDIT PHASE SERVICES:
a) General:
(1) WES shall advise the Customer on all proposed projects, selection of materials, building systems and equipment,
financing options, and utility incentives. WES shall also provide the Customer with recommendations, consistent
with the Customer’s Criteria, on constructability; availability of materials and labor; time requirements for
procurement, installation and construction; and factors related to construction cost including, but not limited to, costs
of alternative designs or materials, preliminary budgets, life-cycle data, and possible cost reductions.
b) Engineering and Design: During the IGA Phase, WES shall perform:
(1) Design required to develop the scope and project solution that meets Performance Contract Program Requirements
as identified in SCHEDULE A.5.
(2) Develop design in enough detail to procure subcontractors and materials and develop the Contract Sum included in
the Performance Contract Amendment (EXHIBIT 1).
(a) Perform a survey of the spaces and existing systems throughout the Premises to document existing conditions.
(b) Work with the Customer to establish project goals and criteria.
(c) Prepare design documents and/or criteria for subcontractor pricing procurement to install modifications to
HVAC, electrical, and plumbing systems.
c) Pre-Construction Services: During the IGA Phase, WES shall perform:
(1) WES shall assemble all design documents necessary for pricing procurement.
(2) WES shall engage subcontractors; familiarize them with the project, site and bidding information; and procure pricing
for the purposes of establishing WES’s fixed cost proposal in the Performance Contract Amendment.
(3) WES shall coordinate with the Customer, subconsultants, financiers, utilities and other stakeholders throughout the
IGA Phase.
d) Energy-Related Services:
(1) Walk through facility to become familiar with existing systems and the building’s operations. This will also include
gathering as-built plans and O&M data on existing HVAC systems.
(2) Energy savings for each recommend project will be quantified through a calibrated computer energy model or other
industry standard energy calculation procedure.
(3) Energy Performance Contract Project economics will be quantified and summarized throughout each phase of design,
including:
(a) Fixed project costs
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(b) Guaranteed energy savings
(c) Maintenance and other costs savings
(d) Utility incentives & grants
(e) Project financing terms and debt service payment options
e) Preparation of the Performance Contract Amendment:
(1) When the Drawings and Specifications are sufficiently complete, WES shall prepare a Performance Contract
Addendum as outlined in EXHIBIT 1. (PERFORMANCE CONTRACT AMENDMENT). This Addendum shall
include:
(a) Contract Sum
(b) Contract Time
(c) Construction Schedule
(d) Energy and other cost savings
(e) Grants, financing, and incentive opportunities
(f) Project Cashflow
(g) Information Upon Which Amendment if Based, including:
(i) Scope of Work
(ii) Drawings
(iii) Specifications
(iv) Supplementary and other Conditions of the Contract
(v) Deviations from the Performance Contract Program Requirements as identified in SCHEDULE A.3.
(h) WES’s Personnel, Contractors and Suppliers
4. CONSTRUCTION PHASE SERVICES:
a) Construction Documents:
(1) As the Drawings and Specifications may not be finished at the time the Performance Contract Amendment is
prepared, the WES shall provide in this amendment for further development of the Drawings and Specifications for
construction. Such further development does not include such things as changes in scope, systems, kinds, and quality
of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order.
b) Performance Contractor’s Construction-Phase Responsibility:
(1) WES shall supervise and direct the Work, using the WES’s best skill and attention. WES shall be solely responsible
for, and have control over, construction means, methods, techniques, sequences and procedures, and for coordinating
all portions of the Work under the Contract, unless the ESPC Documents give other specific instructions concerning
these matters.
(2) WES shall schedule Work and coordinate Subcontractors and any other persons on the site of the Project.
(3) WES will inspect the Work of each subcontractor for defective work, manage resolution of the defective work, and
notify applicable subcontractor(s) to correct such defective work in a manner approved by the design team and Owner.
(4) WES shall record the progress of the Project and provide reports to the Owner. Such reports shall include, without
limitation, information about variations between actual and budgeted or estimated costs and information on each
subcontractor’s work, as well as completion status on the entire project, showing percentages of completion .
(5) With the cooperation of the Subcontractors, WES will prepare and maintain the Construction Schedule.
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(6) WES shall schedule and conduct in preconstruction, progress, quality control and special meetings with the Owner,
designers, the subcontractors and any other parties involved in the project to discuss such matters as procedures,
progress, problems and scheduling.
(7) WES shall receive, review for completeness and responsiveness the subcontractors’ submittals such as shop drawings,
product data and samples and delivering them to the designers and Owner for review and approval.
(8) WES shall manage the punch list, coordinating final inspections, and preparing the certificate of contract completion.
Upon contract completion, WES will receive, review for conformity with the requirements of the Contract Documents
and transmit to the Owner any affidavits and turn over to the Owner any manuals and the originals of any guarantees,
warranties, releases, bonds and waivers.
c) Enhanced Commissioning
(1) WES shall develop the commissioning plan, review construction documents, develop functional test procedures,
coordinate commissioning activities, verify startup tests, and perform functional performance tests, and generate final
commissioning report.
d) Labor and Materials
(1) Unless otherwise provided in the Performance Contract Documents, WES shall provide and pay for labor, materials,
equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and
services, necessary for proper execution and completion of the Work, whether temporary or permanent, and whether
or not incorporated or to be incorporated in the Work.
(2) WES shall enforce strict discipline and good order among WES’s employees, Subcontractors, and other persons
carrying out the Work. WES shall not permit employment of unfit persons or persons not properly skilled in tasks
assigned to them.
5. GUARANTEE PHASE SERVICES:
a) Facility Personnel Assistance:
(1) WES’s Commissioning group will assist facility personnel in achieving the most efficient operation of Customer’s
facility. The Commissioning group will remotely monitor the facility and will help identify potential problems with
the HVAC as well as work with the facility staff to enhance and implement energy conservation programs.
(2) Customer will be responsible for the maintenance of all energy systems, including lighting, mechanical, electrical,
and building automation control systems per SCHEDULE G.5, provided as part the Performance Contract
Amendment (EXHIBIT 1).
b) Savings Tracking and Reporting:
(1) WES will be responsible for the monthly tracking and monitoring of the project and will provide ongoing assistanc e
to Customer’s staff.
(2) WES will provide a quarterly savings report. This report will detail current monthly savings, year to date savings,
and guaranteed savings. This report will also show the actual savings in units of energy.
c) Utility Rate Negotiation:
(1) If, during the term of this contract, deregulation of the electric and gas utilities should occur, WES shall have the right
to negotiate on behalf of the Customer, in total or in portion, other utility services beyond the current providers of
those services. WES will represent the customer as long as the services being negotiated are cost competitive for the
Customer. WES will seek the most cost competitive providers of those services who can provide equal or better-
quality service. In the event that the Customer is able to locate a more cost competitive provider, with equal quality,
WES would be compelled to use that provider. The purpose of this paragraph is to minimize utility costs for the
Customer.
d) Cancellation:
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(1) Customer may cancel the Guarantee-Phase Services on any anniversary date or at the end of Customer’s fiscal year.
If Customer cancels these services, WES reserves the right to cancel the Energy Savings Guarantee as outlined in
SCHEDULE D. ENERGY SAVINGS GUARANTEE.
6. PERFORMANCE CONTRACT PROGRAM REQUIREMENTS:
a) Financial Criteria:
(1) Customer desires to fund as much of the project scope as possibly through annual utility cost savings, meaning a
Project that results in a close-to-neutral cash flow where the cumulative energy, maintenance, and capital cost
avoidance over the life of the installed equipment exceeds the Project’s cumulative financing cost if it were financed.
b) General Scope and Intent:
(1) The Project will include energy efficiency measures, resiliency improvements and capital improvements. The projects
may include, but no be limited to, the following:
(a) Library :: Replace Aging Packaged VAV AHUs, Update BAS
(b) Library :: Upgrade Remaining Fluorescent Lighting to LED, Daylighting Control in Lobby
(c) Library :: Expand Existing Solar PV System w/ Carport in Sports Grounds Parking Lot
(d) Library :: Install Battery Storage System for Resiliency
(e) Corporation Yard :: Upgrade Shop Area Lighting to LED
(f) Corporation Yard :: Install Roof Mounted & Covered Parking Solar PV Systems
(g) Corporation Yard :: Install Battery Storage System for Resiliency
(h) The Wave :: Optimize Facility Operation & HVAC Pool Turnover Rates & VAV Control, Reduce Exhaust
Recirculation
(i) The Wave :: Install Solar PV System w/ New Carport
(j) The Wave :: Install Battery Storage System for Resiliency & Load Shedding
(k) Senior Center :: Replace End-of-Life Packaged RTUs w/ High Efficiency Equivalent Units
(l) Senior Center :: Upgrade Remaining Fluorescent Lighting to LED
(m) Senior Center :: Install Solar PV System w/ New Carport
(n) Senior Center :: Install Battery Storage System for Resiliency
(o) Shannon Com. Center :: Upgrade Remaining Fluorescent Lighting to LED
(p) Shannon Com. Center :: Replace End-of-Life Split Systems w/ High Efficiency Equivalent Units
(q) Shannon Com. Center :: Install Generator to Improve Resiliency
(r) Fire Station 16 :: Replace End-of-Life Packaged RTUs w/ High Efficiency Equivalent Units
(s) Fire Station 16 :: Upgrade Remaining Fluorescent Lighting to LED
(t) Fire Station 16 :: Install Battery Storage System for Resiliency
(u) Fire Station 17 :: Replace End-of-Life Split Systems w/ High Efficiency Equivalent Units
(v) Fire Station 17 :: Upgrade Remaining Fluorescent Lighting to LED
(w) Fire Station 17 :: Install Solar PV System w/ New Carport
(x) Fire Station 17 :: Install Battery Storage System for Resiliency
(y) Fire Station 18 :: Replace End-of-Life Split Systems w/ High Efficiency Equivalent Units
(z) Fire Station 18 :: Upgrade Remaining Fluorescent Lighting to LED
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(aa) Fire Station 18 :: Install Solar PV System w/ New Carport
(bb) Fire Station 18 :: Install Battery Storage System for Resiliency
(cc) City Parks :: Convert All Park & Ball Field Lighting to LED
(dd) Intersections :: Traffic Signal Conversion to Microgrid
(ee) Heritage Park & Museum :: HVAC & Lighting
PROJECT IMPLEMENTATION SCOPE OF WORK:
c) Final, more detailed scope of work will be included in the Performance Contract Amendment (EXHIBIT 1).
7. TIME:
a) WES and Customer will work together to develop construction schedules that minimize disruption to Customer operations
while allowing for completion of Scope of Work in a timely fashion. All construction will be completed in accordance
with SECTION 5 (COMMENCEMENT DATE AND TERMS).
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SCHEDULE B. COMPENSATION TO WES
The Customer shall compensate and make payments to WES for the Investment Grade Audit (“IGA”) Phase services, Construction
Phase Services, and the Guarantee Phase Services as follows:
1. INVESTMENT GRADE AUDIT PHASE SERVICES. The Customer shall compensate and make payments to WES for the
IGA Phase services as follows:
a) If the Performance Contract Amendment (EXHIBIT 1) is executed within 60 days of its proposal, the fee for IGA
services set forth in subdivision (b) of this section will be waived and will NOT be due to WES under this agreement,
otherwise,
b) Except as provided in subdivision (a) of this section, Customer shall pay WES the Stipulated Sum of $125,000.
($90,000 Base Scopes + $35,000 Solar & Battery Scopes)
2. CONSTRUCTION PHASE. For the WES’s performance of the Construction, the Customer shall pay WES a Stipulated Sum
in current funds for WES’s performance of the Contract after the execution of the Performance Contract Amendment equal to
Cost of the Work plus the Performance Contractor’s Fee at the time of the proposal of the Performance Contract Amendment.
The Construction-Phase Contract Sum with itemization of the Cost of Work and Performance Contractor’s Fee shall be
identified in the Performance Contract Amendment (EXHIBIT 1). The Performance Contractor’s Fee and the Cost of the Work
plus will be determined as follows:
a) Performance Contractor’s Fee:
(1) Project Development Services (includes IGA Services): Time & Materials (see Hourly Rate Schedule)
(2) Construction Management: Time & Materials (see Hourly Rate Schedule)
(3) Enhanced Commissioning: Time & Materials (see Hourly Rate Schedule)
(4) Performance Contractor’s Overhead and Profit: Not to exceed 18% of the Cost of the Work
b) The Cost of the Work (COW) is as defined as:
(1) Subcontract Costs. Payments made by WES to its Subcontractor to carry out the work.
(2) Construction Contingency available to WES exclusive use to cover costs for unanticipated items of the Work.
(3) Allowance held by the Customer for additional Work to be incorporated in the project.
(4) Costs, including transportation, of materials and equipment incorporated in the completed construction.
(5) Costs of other materials and equipment, temporary facilities and related items.
(6) That portion directly attributable to this Contract of premiums for insurance and bonds.
(7) Fees of testing laboratories for tests required by the Contract Documents, except those related to nonconforming
Work.
(8) Data processing costs related to the Work.
(9) Legal costs, other than those arising from disputes between the Customer and WES, reasonably incurred by WES in
the performance of the Work and with the Customer’s written permission, which permission shall not be unreasonably
withheld.
(10) Other costs incurred in the performance of the Work if and to the extent approved in advance in writing by the
Customer.
(11) Emergencies and Repairs to Damaged or Nonconforming Work
(12) The Cost of Work shall also include costs which are incurred WES in taking action to prevent threatened damage,
injury or loss in case of emergency affecting the safety of persons and property.
(13) The Cost of Work shall also include costs which are incurred WES in repairing or correcting damaged or
nonconforming Work executed by WES or WES’s Subcontractors or suppliers, provided that such damaged or
nonconforming Work was not caused by the negligence or failure to fulfill a specific responsibility to the Customer
City of Dublin : Energy Savings Performance Contract | Page 20
set forth in this Contract of WES or WES’s personnel to supervise adequately the Work of the Subcontracto r or
suppliers, and only to the extent that the cost of the repair or correction is not recoverable by WES fr om insurance,
Subcontractors or suppliers.
c) Hourly Rate Schedule used in determining professional services costs:
Rate Category Rate ($/hr)
Project Development and Engineering Services
1 Technical Drafter $90.00
2 Designer $90.00
3 Senior Designer $115.00
9 Engineer I $115.00
10 Engineer II $155.00
11 Senior Engineer $180.00
12 Principal Engineer $285.00
Energy Modeling
13 Energy Engineer $115.00
14 Senior Energy Engineer $155.00
Commissioning
15 Commissioning Engineer $115.00
16 Senior Commissioning Engineer $155.00
Project and Construction Management
17 Account Executive $160.00
18 Project Manager $180.00
19 Construction Manager $180.00
20 Site Superintendent $180.00
21 Field Engineer $115.00
22 Cost Estimator $145.00
3. GUARANTEE PHASE. For WES’s performance of the Guarantee, the Customer shall pay WES in current funds for WES’s
performance of the Guarantee Phase services following Substantial Completion of the entire project, which is determined by
the delivery of “Notice of Substantial Completion” as defined in SCHEDULE B.5, the Savings Guarantee Commencement
Date. The Guarantee-Phase Contract Sum shall be identified in the Performance Contract Amendment (EXHIBIT 1).
4. PAYMENT PROCEDURES
a) Investment Grade Audit Phase Payments:
(1) WES shall provide an Application for Payment to Customer for IGA Phase services completed in accordance with
SCHEDULE B.1 Investment Grade Audit Phase Services above. The Customer shall make payment in the manner
and within the time provided in Section 7.3.
b) Construction Phase Payments:
(1) Project Mobilization: The initial Application for Payment shall include all remaining pre-construction-phase services
amounts as well as 10 percent of the remaining total compensation to allow for mobilization of WES and
subcontractors.
(2) Progress Payments: WES shall provide a monthly Application for Payment to Customer for work completed during
the previous month. The Customer shall make payment in the manner and within the time provided in Section 6.3.
Until the Project is complete, as identified as a line item in the Schedule of Values, Customer will pay one hundred
percent (100%) of the amount due to WES on account of progress payments. WES shall provide a Retainage Bond
that represents 10% of the total contract value.
City of Dublin : Energy Savings Performance Contract | Page 21
(3) Progress Payments: WES shall provide a monthly Application for Payment to Customer for work completed during
the previous month. The Customer shall make payment in the manner and within the time provided in Section 6.3.
Until the Project is complete, as identified as a line item in the Schedule of Values, Customer will pay ninety-five
percent (95%) of the amount due to WES on account of progress payments for each line item. This 5% retention shall
be reduced, if appropriate, in conjunction with Substantial Completion to reflect incomplete work for each line item.
Complete payment of retention shall be in conjunction with Acceptance of Project Completion for each Project
identified in the Schedule of Values, which shall not be unduly withheld.
(4) Schedule of Values: WES will prepare and submit a complete schedule of values along with initial Application for
Payment. Projects listed as line items in the Schedule of Values will be treated as individual projects for the purposes
of Progress Payments, Substantial Completion, Final Completion, and withholding of retention amounts.
(5) Substantial Completion: Substantial Completion is the stage in the progress of the Project when the Project or
designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Customer
can utilize the Work for its beneficial use.
When WES considers that an individual Project is substantially complete, WES shall prepare and submit to the
Customer a comprehensive list of items to be completed or corrected prior to final paymen t. Upon receipt of WES's
list, the Customer shall, within seven days, inspect the Work to formulate the Customer’s Punch List and to determine
whether the Work or designated portion thereof is substantially complete. If the Customer’s inspection discloses any
item, whether or not included on WES's list, which is not sufficiently complete in accordance with the Performance
Contract Documents so that the Customer can utilize the Project or designated portion thereof for its intended use,
WES shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon
notification by the Customer. In such case, WES shall then submit a request for another inspection by the Customer
to determine Substantial Completion.
When the Work or designated portion thereof is substantially complete, WES will prepare a Certificate of Substantial
Completion which shall establish the date of Substantial Completion, shall establish responsibilities of the Customer
and WES for security, maintenance, heat, utilities, damage to the Project and insurance, and shall fix the time within
which WES shall finish all items on the list accompanying the Certificate. Warranties required by the Contract
Documents shall commence on the date of Substantial Completion of the Project or designated portion thereof unless
otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be
submitted to the Customer for their written acceptance of responsibilities assigned to t hem in such Certificate.
(6) Substantial Completion Payment: Upon Substantial Completion acceptance, the Customer shall make payment of
retainage applying to such Work or designated portion thereof within the time provided in Section 7.3. Such payment
shall be reasonably adjusted to reflect the dollar value of Work that is incomplete or not in accordance with the
requirements of the ESPC Documents.
(7) Project Completion and Payment: After WES’s completion of all punch list items, project closeout requirements, and
upon receipt of written notice that the Project is ready for final inspection and acceptance and upon receipt of a Final
Application for Payment, the Customer will make such inspection within seven days and, when the Cu stomer finds
the Project acceptable under the Contract Documents and the Contract fully performed, the Customer will execute
and issue the Certificate of Acceptance within two days from the final inspection and pay the entire balance found to
be due to WES as stated in the Final Application for Payment within the time provided in Section 7.3.
c) Guarantee Phase Payments:
(1) WES shall provide annual Applications for Payment to Customer for guarantee-phase services to be completed in the
subsequent year. The Customer shall make payment in the manner and within the time provided in Section 7.3.
d) Failure of Payment: If the Customer does not pay WES within seven days after the date established in Section 7.3, then
WES may, upon written notice to the Customer, stop the Work until payment of the amount owing has been received. The
Contract Time shall be extended appropriately, and the Contract Sum shall be increased by the amount of the WES's
reasonable costs of shut-down, delay and start-up, plus interest.
City of Dublin : Energy Savings Performance Contract | Page 23
SCHEDULE C. INSURANCE REQUIREMENTS
Before fully executing this Agreement, WES, at its own cost and expense, unless otherwise specified below, shall procure the types
and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in
connection with the performance of the work hereunder by the WES and its agents, representatives, employees, and subcontractors.
Consistent with the following provisions, WES shall provide proof satisfactory to Customer of such insurance that meets the
requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to
beginning work. WES shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost
of such insurance shall be included in the WES's bid or proposal. WES shall not allow any sub contractor to commence work on any
subcontract until WES has obtained all insurance required herein for the subcontractor(s) and provided evidence to Customer that
such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART
OF THIS AGREEMENT PRIOR TO EXECUTION. WES shall maintain all required insurance listed herein for the duration of this
Agreement.
5. Workers’ Compensation.
a) General Requirements. WES shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and
Employer’s Liability Insurance for any and all persons employed directly or indirectly by WES. The Statutory Workers’
Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000 ,000 per
accident. In the alternative, WES may rely on a self-insurance program to meet these requirements, but only if the program
of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self -
insurance program meets the standards of the California Labor Code shall be so lely in the discretion of the Contract
Administrator.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work
performed by the WES, its employees, agents, and subcontractors.
b) Submittal Requirements. To comply with Section 1, WES shall submit the following:
(1) Certificate of Liability Insurance in the amounts specified in the section; and
(2) Waiver of Subrogation Endorsement as required by the section.
6. Commercial General and Automobile Liability Insurance.
a) General Requirements. WES, at its own cost and expense, shall maintain commercial general liability insurance for the
term of this Agreement in an amount not less than $1,000,000 and automobile liability insurance for the term of this
Agreement in an amount not less than $1,000,000 per occurrence, combined single limit coverage for risks associated with
the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form
or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work
to be performed under this Agreement or the general aggregate limit shall be at least twice the r equired occurrence limit.
Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury,
including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement,
including the use of owned and non-owned automobiles.
b) Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office
Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability
on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability
form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage.
c) Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified
endorsement to the policy:
(1) The Insurance shall cover on an occurrence or an accident basis, and not on a claims -made basis.
(2) Customer, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects:
liability arising out of work or operations performed by or on behalf of the WES; or automobiles owned, leased, hired,
or borrowed by the WES.
City of Dublin : Energy Savings Performance Contract | Page 24
(3) WES hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the
payment of any loss. WES agrees to obtain any endorsements that may be necessary to effect this waiver of
subrogation.
(4) For any claims related to this Agreement or the work hereunder, the WES’s insurance coverage shall be primary
insurance as respects the Customer, its officers, officials, employees, and volunteers. Any insurance or self-insurance
maintained by the Customer, its officers, officials, employees, or volunteers shall be excess of the WES’s insurance
and shall not contribute with it.
d) Submittal Requirements. To comply with Section 2, WES shall submit the following:
(1) Certificate of Liability Insurance in the amounts specified in the section;
(2) Additional Insured Endorsement as required by the section;
(3) Waiver of Subrogation Endorsement as required by the section; and
(4) Primary Insurance Endorsement as required by the section.
7. Professional Liability Insurance.
a) General Requirements. WES, at its own cost and expense, shall maintain for the period covered by this Agreement
professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not
less than $2,000,000 covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention
shall not exceed $150,000 per claim.
(1) Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a
claims-made form:
(a) The retroactive date of the policy must be shown and must be before the date of the Agreement.
(b) Insurance must be maintained and evidence of insurance must be provided for at least 5 years after completion
of the Agreement or the work, so long as commercially available at reasonable rates.
(c) If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a
retroactive date that precedes the date of this Agreement, WES shall purchase an extended period coverage for
a minimum of 5 years after completion of work under this Agreement.
(d) A copy of the claim reporting requirements must be submitted to the Customer for review prior to the
commencement of any work under this Agreement.
(2) Additional Requirements. A certified endorsement to include contractual liability shall be included in the policy.
(3) Submittal Requirements. To comply with Section 3, WES shall submit the Certificate of Liability Insurance in the
amounts specified in the section.
8. All Policies Requirements.
a) Acceptability of Insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less
than A:VII.
b) Verification of Coverage. Prior to beginning any work under this Agreement, WES shall furnish Customer with complete
copies of all Certificates of Liability Insurance delivered to WES by the insurer, including complete copies of all
endorsements attached to the policies. All copies of Certificates of Liability Insurance and certified endorsements shall
show the signature of a person authorized by that insurer to bind coverage on its behalf. If the Customer does not receive
the required insurance documents prior to the WES beginning work, it shall not waive the WES’s obligation to provide
them. The Customer reserves the right to require complete copies of all required insurance policies at any time.
c) Deductibles and Self-Insured Retentions. WES shall disclose to and obtain the written approval of Customer for the self-
insured retentions and deductibles before beginning any of the services or work call ed for by any term of this Agreement.
At the option of the Customer, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as
respects the Customer, its officers, employees, and volunteers; or the WES shall provide a financial guarantee satisfactory
to the Customer guaranteeing payment of losses and related investigations, claim administration and defense expenses.
City of Dublin : Energy Savings Performance Contract | Page 25
d) Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by
the cost of defense).
e) Endorsement Requirements. Each insurance policy required by Section 4 shall be endorsed to state that coverage shall not
be canceled by either party, except after 30 days’ prior written notice has been provided to t he Customer.
f) Subcontractors. WES shall include all subcontractors as insureds under its policies or shall furnish separate certificates
and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
9. Remedies. In addition to any other remedies Customer may have if WES fails to provide or maintain any insurance policies or
policy endorsements to the extent and within the time herein required, Customer may, at its sole option exe rcise any of the
following remedies, which are alternatives to other remedies Customer may have and are not the exclusive remedy for WES’s
breach:
a) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due u nder the
Agreement;
b) Order WES to stop work under this Agreement or withhold any payment that becomes due to WES hereunder, or both
stop work and withhold any payment, until WES demonstrates compliance with the requirements hereof; and/o
c) Terminate this Agreement.
City of Dublin : Energy Savings Performance Contract | Page 27
EXHIBIT 1. PERFORMANCE CONTRACT AMENDMENT (DRAFT – completed at conclusion of IGA Phase)
This Amendment is incorporated into the accompanying Energy Savings Performance Contract dated the [XX] day of [XX] in the
[2021] year (the “Agreement”) for the following
PROJECT: To be Determined in the IGA Phase
THE CUSTOMER: City of Dublin
THE PERFORMANCE CONTRACTOR: Willdan Energy Solutions, Inc.
The Customer and Performance Contractor hereby amend the Agreement as follows.
TABLE OF ARTICLES
1. CONTRACT SUM
2. CONTRACT TIME
3. CONSTRUCTION SCHEDULE
4. INFORMATION UPON WHICH AMENDMENT IS BASED
5. PERFORMANCE CONTRACTOR’S PERSONNEL, CONTRACTORS AND SUPPLIERS
6. COST OF THE WORK
TABLE OF SCHEDULES (the following Schedules are added by this amendment)
SCHEDULE E. ENERGY SAVINGS GUARANTEE (Completed with EXHIBIT 1.)
SCHEDULE F. BASELINE ENERGY CONSUMPTION (Completed with EXHIBIT 1.)
SCHEDULE G. SAVINGS MEASUREMENT & CALCULATION FORMULAE; METHODOLOGY TO ADJUST
BASELINE (Completed with EXHIBIT 1.)
1. CONSTRUCTION-PHASE CONTRACT SUM
a) Stipulated Sum based on predetermined, not-to-exceed fees:
(1) The Stipulated Sum shall be ($_), subject to authorized adjustments as provided in the Design -Build Documents.
(2) The Stipulated Sum is based on the Cost of Work and Performance Contractor’s Fees as detailed in ARTICLE 5
(SCHEDULE OF VALUES) below.
2. CHANGES IN THE CONSTRUCTION-PHASE CONTRACT SUM:
a) Any overage in the cost of the Scope of Work in SCHEDULE A (SCOPE OF WORK) shall be the responsibility of WES.
b) Changes to the contract sum are warranted for, but are not limited to: Hazardous materials, additions or modifications to
the Scope of Work, and Differing Site Conditions as defined in EXHIBIT 8 - Differing Site Conditions. All additional
costs associated with these items shall be the responsibility of Customer.
3. GUARANTEE-PHASE CONTRACT SUM
a) Customer shall pay WES annual payments for Guarantee-Phase Services the amounts listed below, subject to the Services
Agreement set forth in SCHEDULE B and any other applicable terms of this agreement:
(1) Year One: $0.00 (included in Construction-Phase Contract Sum)
(2) Year Two: $TBD
City of Dublin : Energy Savings Performance Contract | Page 28
(3) Year Three: Year two price modified by the change, up or down, in CPI since the beginning
of the year two agreement.
(4) Year Four and Beyond: Prior year modified by the last 12 months change, up or down, in CPI.
b) Customer may cancel the Guarantee-Phase Services on any anniversary date or at the end of Customer’s fiscal year. If
Customer cancels these services, WES reserves the right to cancel the Energy Savings Guarantee as outlined in
SCHEDULE E. ENERGY SAVINGS GUARANTEE.
4. CONTRACT TIME
a) The date of Substantial Completion upon which this proposal is based is [DATE].
b) The date of Final Completion is [DATE].
c) Weather disruptions, availability of necessary equipment, remediation of hazardous materials, and other delays beyond
the control of WES shall not count toward the construction timeframe in SECTION 5 (COMMENCEMENT DATE AND
TERMS).
d) Guarantee Commencement Date is [DATE].
5. SCHEDULE OF VALUES
a) WES will prepare and submit a complete schedule of values along with initial Application for Payment. Projects listed as
line items in the Schedule of Values will be treated as individual projects for the purposes of Progress Payments,
Substantial Completion, Project Completion, and withholding of retention amounts.
6. CONSTRUCTION SCHEDULE
{Insert Construction Schedule}
7. INFORMATION UPON WHICH AMENDMENT IS BASED
The Contract Sum and Contract Time set forth in the Amendment are based on the following:
a) Scope of Work: The finalized scope of work to be performed under the original Agreement is revised and clarified as set
forth in this Amendment as follows:
(1) INSERT DETAILED CONSTRUCTION SCOPE HERE
b) Drawings
(1) Scope of Work defined in 7.b supersedes any scope defined in the Drawings and Specifications. The Drawings and
Specifications are provided to provide layout, quantities and general quality of equipment and materials to be
incorporated in the project.
Number Title Date
01
c) Specifications
(1) Scope of Work defined in 7.b supersedes any scope defined in the Drawings and Specifications. The Drawings and
Specifications are provided to provide layout, quantities and general quality of equipment and materials to be
incorporated in the project.
Number Title Date
01
City of Dublin : Energy Savings Performance Contract | Page 29
d) Supplementary and other Conditions of the Contract
(1) {list, if applicable}
e) Deviations from the Performance Contract Program Requirements as identified in SCHEDULE A.6:
(1) {insert scope of work deviations from program requirements}
8. PERFORMANCE CONTRACTOR’S PERSONNEL, CONTRACTORS AND SUPPLIERS
a) The Performance Contractor’s key personnel are identified below:
(1) {insert list of project team, personnel, contractors and suppliers}
This Amendment to the Agreement entered into as of the day and the year first written above.
WES CUSTOMER
Signed Signed
Name Name
Date Date
City of Dublin : Energy Savings Performance Contract | Page 30
EXHIBIT 2. CERTIFICATE OF SUBSTATIAL COMPLETION
Project Project Number:
From: WES To (Customer): [CUSTOMER NAME]
[WES Address] [Customer Address]
[WES Address] [Customer Address]
PROJECT OR PORTION OF THE PROJECT DESIGNATED FOR PARTIAL OCCUPANCY FOR USE SHALL INCLUDE:
Scope of Work A {Identify the Work, or portion thereof per the schedule of values, that is substantially complete}
The Work performed under this Performance Contract has been reviewed and found, to the best of the Customer’s knowledge,
information, and belief, to be substantially complete. Substantial Completion is the stage in the progress of the Work when the Work
or designated portion is sufficiently complete in accordance with the Performance Contract Documents s o that the Customer can
occupy or utilize the work for its intended use. The date of Substantial Completion of the Project or portion designated above is the
date of issuance established by this Certificate, which is also the date of commencement of applicable warranties required by the
ESPC Documents, except as stated below:
{Identify warranties that do not commence on the date of Substantial Completion, if any, and indicate their date of commencement}
Warranty Date of Commencement
Equipment A,
OWNER’S REPRESENTATIVE BY (Signature) DATE OF ISSUANCE
A list of items to be completed or corrected is attached hereto. The failure to include any items on such a list does not alter the
responsibility of WES to complete all Work in accordance with the Performance Contract Documents. Unless otherwise agreed to
in writing, the date of commencement of warranties for items on the attached list will be the date of issuance of the final Certificate
of Payment or the date of final payment.
The estimated cost of work that is incomplete or defective: $ 0.00
WES will complete or correct the Work on the list of items attached hereto within [___] days from the above date of Substantial
Completion:
PERFORMANCE CONTRACTOR BY (Signature) DATE
The Customer accepts the Work or designated portion as substantially complete and will assume full possession thereof on the above
date of Substantial Completion:
CUSTOMER BY (Signature) DATE
The responsibilities of the Customer and WES for security, maintenance, heat, utilities, damage to the Work and insurance shall be
as follows (e.g., Security, Maintenance, Heat, Utilities, Damage to the Work, Insurance):
City of Dublin : Energy Savings Performance Contract | Page 31
EXHIBIT 3. CERTIFICATE OF ACCEPTANCE – PROJECT FINAL COMPLETION
This is to certify that a final inspection of the Project has been conducted jointly by WES and City of Dublin, and that the parties
have determined that the Project has been fully completed in accordance with the Contract Documents. All guarantees and warranties
that have not commenced previously shall commence as of the date of completion below.
Customer accepts the Project as being fully completed and assumes responsibility for maintenance, custodial care, and utiliti es for
the premises. WES remains responsible for correcting errors and omissions discovered subsequent to the execution of this document
and to respond to claims made under applicable warranties.
WES CUSTOMER
Signed Signed
Name Name
Date Date
3615541.1
1
REVISED REQUEST FOR PROPOSALS
Issued September 23, 2019
CITYWIDE ENERGY UPGRADES
City of Dublin
Proposals must be received by: Friday, October 4, 2019 at 4:00 p.m. (Pacific Time)
Nancy Nelson, Management Analyst II
100 Civic Plaza
City of Dublin, CA 94568
Proposals will be evaluated on the following: a) responsiveness to the Request for Proposal, b)
experience of the firm, c) experience and qualifications of the assigned individuals, and d) satisfaction of
previous clients.
1
Dear Prospective Vendor:
If you intend to submit a proposal for this opportunity, please contact Nancy Nelson at
nancy.nelson@dublin.ca.gov with your Firm’s name, a person to contact, an e‐mail address, and a direct
telephone number. The City will use this information to notify firms of any addenda to this Request for
Proposals (RFP) opportunity.
2
I. Purpose
The City of Dublin is interested in evaluating the current state of municipal infrastructure and operations
with the purpose of identifying future opportunities for reducing utility and operating costs.
II. Introduction
City of Dublin Background
The City of Dublin was incorporated in 1982 and is approximately 14.59 square miles in area. In 2011,
Dublin was named an “All‐American City” by the National Civic League, one of the nation’s oldest and
most prestigious civic organizations. The current population of the City is estimated to be 64,577.
The City’s energy expenditure for Fiscal Year (FY) 2018‐2019 totaled approximately $1M, citywide. The
City currently generates approximately 19% of its energy needs from solar photovoltaic arrays. Of the
building energy consumed, 57% is produced by the solar arrays at the Civic Center, Dublin Library, Fire
Station 16, Fire Station 17, Fire Station 18, Shannon Center, and the Senior Center. Remaining energy
comes from East Bay Community Energy (EBCE). EBCE currently provides the City with 100% renewable
and carbon free energy due to participation in the Renewable 100 program for all municipal accounts.
This results in the City’s renewable energy consumption totaling 100% and is 100% carbon‐free. The
City enrolled in this program effective FY 2019‐2020, which will result in a marginal increase to
electricity costs in the amount of 1.5%.
General
PART A ‐ IGAs: The City seeks recommendations on energy efficiency upgrades, ways to expand its
current energy generation program, and on energy storage potential to provide both cost savings in City
energy expenditures, as well as to increase benefits of clean energy. The selected firm(s) would provide
investment‐grade energy audits (IGAs) outlining these recommendations, including a comprehensive
utility rate review and financing and/or grant options to fund the recommended energy projects.
For example, the City seeks to expand on its current solar photovoltaic program. The City began
operation of an aquatic park, The Wave at Emerald Glen Park, during the summer of 2017. The City
seeks a firm to propose ways to reduce energy expenditure and increase generation at this facility,
which may include solar arrays on canopy structures within existing parking lots or hardscapes or sports
courts, as an example.
The City also desires a City‐wide evaluation of its current conservation program and energy efficiency
practices.
And/or
PART B – GC 4217: Proposer may elect to submit a proposal to review opportunities which satisfy the
following State Code requirements: Public Resources Code Section 25008 and Government Code
Section 4217.10.
3
In accordance with Government Code Section 1090, the firm selected to perform the services under Part
A – IGAs only cannot submit a proposal or bid at a later date in response to a separate solicitation for
implementation of any projects or improvements selected from the results of the Part A – IGAs effort.
All firms shall clearly indicate if the proposal is for Part A, Part B, or both and shall clearly separate the
parts in the submission.
III. Conflict of Interest
Proposer agrees that, for the term of this contract, no member, officer or employee of the City of
Dublin, or of a public body within Alameda County or member or delegate to the Congress of the United
States, during his/her tenure or for one year thereafter, shall have any direct interest in the contracts or
any direct or material benefit arising therefrom.
Proposers must provide a list of any potential conflicts of interest in working for the City of Dublin. This
must include, but is not limited to, a list of your firm’s clients who are the following: Private clients
located or operating within the City of Dublin limits, Dublin San Ramon Services District, US Army Camp
Parks, and/or the County of Alameda, and a brief description of work for these clients. Proposers must
also identify any other clients (including public entities), that may pose a potential conflict of interest, as
well as a brief description of work you provide to these clients.
This list must include all potential conflicts of interest within the year prior to the release of this RFP as
well as current and future commitments to other projects.
Principals and those performing work for City of Dublin may be required to submit a California Fair
Political Practices Commission (FPPC) Form 700: Statement of Economic Interests documenting potential
financial conflicts of interest. For additional information, proposers should refer to the FPPC website at
www.fppc.ca.gov/index.php?id=500.
IV. Equal Employment Opportunity
Proposer shall not, on the grounds of race, color, sex, age, religion, national origin, ancestry, physical
handicap, medical condition, or marital status either discriminate or permit discrimination against any
employee or applicant for employment in any manner prohibited by Federal, State or local laws. In the
event of Proposer non‐compliance, the City of Dublin may cancel, terminate or suspend the Contract in
whole or in part. Proposer may also be declared ineligible for further contracts with the City of Dublin.
Proposer shall take affirmative action to ensure that applicants are employed, and that employees are
treated during their employment, without regard to their race, religion, color, sex, or national origin.
Such action shall include, but not be limited to the following: employment, upgrading, demotion or
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. Proposer and its sub‐consultants
shall post in conspicuous places, available to all employees and applicants for employment, a notice
setting forth the following provisions [29 U.S.C. § 623, 42 U.S.C. § 2000, 42 U.S.C. § 6102, 42 U.S.C. §
12112, 42 U.S.C. § 12132, 49 U.S.C. § 5332, 29 CFR Part 1630, 41 CFR Parts 60 et seq.].
4
V. Governing Law
This RFP summarizes the applicable laws and governance; when in conflict applicable State/Federal
guidelines shall apply. The contract and legal relations between the parties hereto shall be governed and
construed in accordance with the laws of the State of California.
VI. RFP Submittal Requirements
Please prepare and organize your Proposal based on the requirements provided below. Any other
information you would like to include should be placed in a separated section at the back of your
Proposal. Please note however that the RFP submittal is limited to 20 pages maximum single sided
(excluding resumes) and should be submitted on 8 ½ x 11 paper, in no smaller than 12‐point font.
Interested firms are requested to submit four (4) unbound and stapled copies and one (1) electronic
copy of the Proposal as follows:
1. Enclose a cover letter not to exceed one page, describing the firm's interest and commitment to
perform work necessary to provide consulting services for citywide energy upgrades, as described
further in Section IX. All firms shall clearly indicate if the proposal is for Part A, Part B or both and shall
clearly separate the parts in the submission. Be sure to identify both the project manager, with email
and a direct line; as well as the contract signatory, with name and title. The person authorized by the
firm to negotiate a contract with the City of Dublin shall sign the cover letter.
2. Submit a proposal, outlining how you would accomplish the Scope of Work. Please include a
project timeline, all necessary steps to complete the identified Scope of Work, and please be
sure to identify any suggestions addressing missing steps not identified in the City’s Scope of
Work which your firm feels would be of benefit.
3. Provide at least three references (names and current phone numbers) from recent work
(previous five years) similar to the services outlined in this request for qualification. Please
include a brief description of the work performed and the role your firm performed. Listing City
employees as a reference shall not count in the minimum of three required.
4. List key staff members, including identification of the Principal‐in‐Charge and Project
Manager/primary point‐of‐contact.
5. This project currently does not have a cost estimate, and there is no capital improvement
program budget for implementation (i.e. design/build). Please outline a project budget for your
firm’s services, to include a proposed compensation rate schedule for services, with all costs
built into rates. If there are optional tasks recommended as part of your firm’s submission,
please be sure to break out these costs for further consideration.
6. Provide confirmation of your firm’s ability to meet the City’s Standard Consulting Agreement,
insurance requirements, and conflict of interest statement. Exceptions to the Agreement and
insurance requirements shall be specifically noted in the Proposal.
7. If sub‐consultants are proposed, clearly identify which services need to be sub‐consulted in the
scope of work.
5
Please provide copies of your Proposal to the City offices no later than Friday, October 4, 2019 by 4:00
p.m. The entire Proposal (excluding resumes) should be a maximum of 20 pages.
The submittals should be addressed as follows:
City of Dublin, Public Works Department
Attention: Nancy Nelson
City of Dublin
100 Civic Plaza
Dublin, California 94568
Post‐marked packages dated on the specified Proposal due date will NOT be accepted. Any Proposals
submitted after the stated deadline will not be accepted for consideration.
Standard Consulting Agreement:
A sample of the City’s Standard Consulting Agreement (Agreement), including insurance requirements, is
provided as Attachment B.
If the interested firm desires to take exception to the Agreement and/or insurance requirements, the
interested firm shall clearly identify proposed changes to the Agreement and furnish the reason for
these changes, which shall be included in the proposal. Exceptions will be taken into consideration in
evaluating the Statement. Otherwise, the interested firm is to affirm in the Statement that the
Agreement and insurance requirements are acceptable. Consideration for exceptions will not be
considered if not included in the submitted qualification.
VII. Selection of Consultants
The submitted proposal will be evaluated and scored using the following criteria:
Qualifications and specific experience of key project team members.
Quality and completeness of the qualification.
Experience with engagement of similar scope and complexity.
Satisfaction of previous clients.
Selection Process
The City reserves the right to make the selection bases at its sole discretion. A subcommittee selected by
City Staff will evaluate the proposal provided in response to this RFP. The subcommittee will use a
forced ranking process (please see Attachment D, Forced Ranking Rating Sheet, for further detail).
Informal interviews may be conducted by City staff, and may include more than one firm that has
submitted proposal.
Based on input from this review process, a recommendation will be made to the City Manager. The City
Manager will make a recommendation to the City Council for award of contract services.
The City reserves the right to award a contract to the firm(s) that the City feels best meets the
requirements of the RFP for any one or more parts or tasks. The City reserves the right to reject any and
all proposals prior to execution of the Agreement, with no penalty to the City.
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VIII. Selection Process Dates (tentative dates, subject to change)
Friday, August 30 Request for Proposals mailed to consultants and posted on City website
Friday, September 13 Deadline to submit questions to City of Dublin
Monday, September 23 Addendum #1 and Questions and Answers #1 posted
Wednesday, September 25 Deadline to submit 2nd round of questions to City of Dublin (pertaining
to the revised RFP).
Friday, September 27 Addendum #3 posted, in response to 2nd round questions received, if
required.
Friday, October 4 Proposals are due no later than 4:00 PM on October 4th at the offices of
the City of Dublin, Public Works Department, 100 Civic Plaza, Dublin, CA
94568. Late submittals will not be accepted.
Wednesday, October 16 Informal Interviews, if required.
Tuesday, November 19 Consulting Services Agreement scheduled for approval by the Dublin
City Council.
All requests, questions or other communications regarding this RFP shall be made in writing to the City
of Dublin via email or U.S. Mail, and must be received by 4:00 PM on Friday, October 4, 2019. Address all
communication to the Nancy Nelson, Management Analyst. To ensure written requests are received and
answered in a timely manner, email correspondence is preferred.
Nancy Nelson, Management Analyst
City of Dublin – Public Works
100 Civic Plaza
Dublin, CA 94568
(925) 833‐6630
nancy.nelson@dublin.ca.gov
Responses to questions will be included as an addendum to this RFP and posted on the City of Dublin’s
website. All questions shall be related to this RFP.
IX. Scope of Services
Proposer shall prepare a detailed scope of services based on the information in this RFP, including
comprehensive assessment of the City’s current energy conservation practices and policies, investment‐
grade energy audits (IGAs) of City’s facilities, which may also include energy generation and energy
storage potential, a comprehensive utility rate review, and a written report outlining energy
improvement recommendations, their economics, and alternatives to fund and/or finance the
recommended improvements. Proposer is encouraged to include any additional items or topics that are
believed to benefit the City financially in terms of energy use.
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PART A ‐ IGAs: The City seeks recommendations on energy efficiency upgrades, ways to expand its
current energy generation program, and on energy storage potential to provide both cost savings in City
energy expenditures, as well as to increase benefits of clean energy. The selected firm would provide
investment‐grade energy audits (IGAs) outlining these recommendations, including a comprehensive
utility rate review and financing and/or grant options to fund the recommended energy projects.
For example, the City seeks to expand on its current solar photovoltaic program. The City began
operation of an aquatic park, The Wave at Emerald Glen Park, during the summer of 2017. The City
seeks a firm to propose ways to reduce energy expenditure and increase generation at this facility,
which may include solar arrays on canopy structures within existing parking lots or hardscapes or sports
courts, as an example.
The City also desires a City‐wide evaluation of its current conservation program and energy efficiency
practices.
And/or
PART B – GC 4217: Proposer may elect to submit a proposal to review opportunities which satisfy the
following State Code requirements: Public Resources Code Section 25008 and Government Code
Section 4217.10.
In accordance with Government Code Section 1090, the firm selected to perform the services under Part
A – IGAs only cannot submit at a later date to a separate solicitation for implementation of any projects
or recommendations selected from the results of the Part A – IGAs effort.
All firms shall clearly indicate if the proposal is for Part A or Part B or both and shall clearly separate the
parts in the submission.
The following deliverables are, at a minimum, anticipated for this project:
TASK ONE: Asset Audit
Perform investment‐grade energy audits (IGAs) at City facilities. The City has obtained technical
assistance services through the Municipal Implementation Team (MIT) Program funded by PG&E.
Selected firm shall review and supplement the MIT Program’s preliminary recommendations
(Attachment D) and provide comprehensive investment‐grade energy audits (IGAs). Under City
direction, MIT staff will be engaged throughout project development as an additional technical,
administrative, and project management resource to complement the selected firm’s efforts.
Audit existing solar photovoltaic system and review of current City facilities for potential solar and other
renewable energy production and storage potential. The primary facility of interest for energy
reduction is The Wave aquatic center at Emerald Glen Park.
Identify aging assets which use excessive amounts of energy and offer suggestions for potential
solutions to reduce energy consumption. Provide an assessment as to whether the City is meeting
baseline industry standards in its current usage and infrastructure.
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TASK TWO: NEM Analysis and Utility Rate Review
Selected firm shall review the City’s current Net Energy Metering (NEM) Program with East Bay
Community Energy (EBCE) and PG&E to identify and recommend the best program fit for cost savings to
the City.
Complete a review of utility data and rates, to include energy (gas, electric). This includes a review of
the City’s NEM statements, true up analysis, and understanding of the future needs of the City
compared to its current energy generation and usage in order to minimize the City’s energy and peak
demand costs, where applicable.
Additionally, provide a review of funding opportunities available to municipalities for utilization in
energy upgrade and/or conservation efforts in the City of Dublin. This may include zero‐interest On‐Bill
Financing from PG&E, market‐rate financing, loans, grants, and other opportunities for funding
municipal infrastructure improvements.
TASK THREE: Recommendations
All recommendations and their associated energy and cost benefits shall be substantiated using
formulae, methodologies, and tools that are industry standard practice and transparent to the MIT
Program, the City, and other reviewers, such as PG&E (i.e. ‘locked’ workbooks and formulae will not be
accepted).
In the form of a comprehensive written report of findings, inform City Council on possible energy
efficiency upgrades, energy conservation practices, energy generation and storage options, upgrades to
current systems, and provide a third‐party review of the City’s current solar costs and program savings.
This report should contain, but is not limited to, the following:
o Financial analysis of current NEM Program
o Recommendations utilizing current infrastructure
o Recommendation of replacement or renewal of infrastructure assets
o Grants, financing, and incentive opportunities
o Battery storage potential for Solar array generation
o Potential of direct feed to EV charging stations
o A comprehensive financial analysis reflecting, at a minimum, estimated costs to
implement the recommended improvements, anticipated energy cost savings, return on
investment of recommended improvements, anticipated operations and maintenance
savings, and anticipated cost benefits of moving to different rate programs (if
applicable)
o Any recommended improvements shall be accompanied by a plan to maintain the
measure long term and a plan to fund the improvements
o Any other recommendations as deemed appropriate, per industry standards and best
practices
TASK FOUR: Support
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The City is currently implementing an asset assessment and preventative maintenance database.
Selected firm will work with City’s vendor, DSI, to import any requested or necessary data into the
system for dashboard energy usage and generation monitoring, as needed.
As needed, selected firm will also provide support to conduct outreach to the community to increase
awareness and to offer engagement opportunities related to the City’s energy program, as well as any
support in securing financing options, which may include grant writing support.
Project Timeline:
City desires draft recommendations be made available no later than the end of the calendar year (2019)
in order to incorporate recommendations into its two‐year budget building process. As indicated
elsewhere in this RFP, the City intends to move forward with the implementation of projects or
improvements as funding is available. Projects may be separate, individual, or grouped/multiples, as
determined by the City. There is currently no schedule or timeline for when this will occur.
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ATTACHMENT A
CITY FACILITIES AND PARKS
FACILITIES: SQ FOOTAGE ADDRESS:
Civic Center** 52,687 100 Civic Plaza
Dublin Library** 38,215 200 Civic Plaza
Public Safety Complex 40,347 6363 Clark Avenue
Corporation Yard & Maintenance Facility** 18,020 5709 Scarlett Court
County Fire Maintenance Facility 17,593 5777 Scarlett Court
Senior Center** 15,500 7600 Amador Valley Boulevard
Heritage Park & Museums* 6,754* 6600 Donlon Way
Shannon Community Center** 19,700 11600 Shannon Avenue
Fire Station #16** 8,815 7494 Donohue Drive
Fire Station #17** 11,540 6200 Madigan Road
Fire Station #18** 8,900 4800 Fallon Road
Stager Community Gymnasium 6,002 6901 York Drive
The Wave at Emerald Glen Park 31,000 4201 Central Parkway
PARKS: ACREAGE:ADDRESS:
Dublin Sports Grounds 22.77 6700 Dublin Boulevard
Kolb Park 4.86 8020 Bristol Road
Dolan Park 4.85 11651 Padre Way
Alamo Creek Park 5.26 7601 Shady Creek Road
Shannon Park 9.67 11600 Shannon Avenue
Mape Memorial Park 2.68 11711 Mape Way
Stagecoach Park .82 7550 Stagecoach Road
Emerald Glen Park 49.14 4201 Central Parkway
Ted Fairfield Park 6.97 3400 Antone Way
Bray Commons 4.78 3300 Finnian Way
Dougherty Hills Dog Park 1.43 Amador Valley Boulevard & Stagecoach Road
Devany Square 1.91 4405 Chancery Lane
Piazza Sorrento 2.00 3600 Palermo Way
Fallon Sports Park 46.17 4605 Lockhart Street
Heritage Park and Museums* 7.78 6600 Donlon Way
Positano Hills Park 4.60 2301 Valentano Drive
Schaefer Ranch Park 10.55 9595 Dublin Boulevard
Passatempo Park 5.01 3200 Palermo Way
Jordon Ranch Park 4.90 4299 Jordon Ranch Drive
Sean Diamond Neighborhood Park 4.80 4801 La Strada Drive
Cottonwood Creek School & Park 2400 Central Parkway
Dublin Crossing Community Park
Wallis Ranch Community Park
* This represents three structures: Heritage Museum (2,900 SF; Church 1,550 SF; and Kolb House 2,304 SF)
** These facilities currently contain Solar Photovoltaic systems
*** Link to Facilities: http://dublin.ca.gov/Facilities?clear=True
ATTACHMENT D
Municipal Implementation Team (MIT) Program's Preliminary Recommendations
Measure #Measure Description
Corporation Yard & Maint FacilityCountry Fire Maint FacilityDublin LibraryPolice DepartmentSenior CenterFire Station #16Kolb HouseKolb ShopMuseumChurchHeritage ParkShannon Community CenterFire Station #17Fire Station #18The WaveEEM1 Interior Lighting Upgrade to LED Technology X X X X X X X X X X X X X X
EEM2 Exterior Lighting Upgrade to LED Technology X X
EEM3 Integrate Existing Lighting Controls into Existing Building Automation System X X X X X X
EEM4 Replace Thermostats with Wireless, Programmable, Communicating T-stats (e.g. Pelican)X X X X
EEM5 Install Air Economizer Control (e.g. Pelican PEARL)X X X X
EEM6 Retrocommissioning X X X X X X X X X X
EEM7 Add Analytics Software X X X X X X X X X X X
General Improvements City of Dublin Capital Improvement Program 2020-2025 Page 20
Number – GI0121 CITYWIDE ENERGY IMPROVEMENTS Program – GENERAL IMPROVEMENTS
PROJECT DESCRIPTION
This project provides for the planning (Investment Grade Audit), design, and construction of various energy upgrades, efficiency improvements, lighting upgrades,
energy generation, solar photovoltaic systems, and energy storage projects at facilities, parks, and other City-owned property. The project includes construction of
lighting upgrades in Fiscal Year 2022-2023 at Mape Memorial Park, Alamo Creek Park, and Ted Fairfield Park. Future construction phases and funding sources will
be determined during project planning and may include a variety of site and building energy efficiency improvements and lighting upgrades at Emerald Glen Park
and at the Phase 1 area of Fallon Sports Park.
Possible funding sources are power purchase agreements and on-bill financing through PG&E.
ANNUAL OPERATING IMPACT: Savings in energy costs
MANAGING DEPARTMENT: Public Works
2020-2025 CAPITAL IMPROVEMENT PROGRAM
ESTIMATED COSTS
PRIOR
YEARS
2019-2020
BUDGET 2020-2021 2021-2022 2022-2023 2023-2024 2024-2025
FUTURE
YEARS TOTALS
9100 - Salaries & Benefits $15,860 $15,780 $15,780 $47,420
9200 - Contract Services $20,000 $100,000 $50,000 $170,000
9400 – Improvements $300,000 $300,000
TOTAL $35,860 $115,780 $365,780 $517,420
FUNDING SOURCE
PRIOR
YEARS
2019-2020
BUDGET 2020-2021 2021-2022 2022-2023 2023-2024 2024-2025
FUTURE
YEARS TOTALS
1001 – General Fund $35,860 $115,780 $365,780 $517,420
TOTAL $35,860 $115,780 $365,780 $517,420
ANNUAL OPERATING IMPACT
General Improvements City of Dublin Capital Improvement Program 2020-2025 Page 27
Number – GI0221 RESILIENCY AND DISASTER PREPAREDNESS
IMPROVEMENTS Program – GENERAL IMPROVEMENTS
PROJECT DESCRIPTION
This project provides for the planning, design, and construction of various disaster and emergency preparedness improvements to facilities and major signalized
intersections to prepare for future PG&E Public Safety Power Shutoff events and other emergency events. Improvements may include energy storage, back-up
power generators, transfer switches for temporary generators, battery backup units from traffic signals, temporary traffic control devices, portable changeable
message electronic boards, power outage alarms and notification systems.
Possible funding sources are statewide grants for resiliency from the California Office of Emergency Services.
ANNUAL OPERATING IMPACT: To be determined
MANAGING DEPARTMENT: Public Works
2020-2025 CAPITAL IMPROVEMENT PROGRAM
ESTIMATED COSTS
PRIOR
YEARS
2019-2020
BUDGET 2020-2021 2021-2022 2022-2023 2023-2024 2024-2025
FUTURE
YEARS TOTALS
9100 – Salaries & Benefits $7,085 $16,010 $23,095
9200 - Contract Services $15,000 $20,000 $35,000
9400 – Improvements $640,000 $640,000
9500 - Miscellaneous $5,000 $5,000
TOTAL $22,085 $681,010 $703,095
FUNDING SOURCE
PRIOR
YEARS
2019-2020
BUDGET 2020-2021 2021-2022 2022-2023 2023-2024 2024-2025
FUTURE
YEARS TOTALS
1001 - General Fund $22,085 $681,010 $703,095
TOTAL $22,085 $681,010 $703,095
ANNUAL OPERATING IMPACT