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HomeMy WebLinkAboutReso 02-24 Approving Change Order No. 2 to the Amended and Restated Energy Services Contract for Operations and Maintenance with Engie Services U.S. Inc.DocuSign Envelope ID: 1C772300-A399-4D3C-B90A-7E0704C8A2F3 RESOLUTION NO. 02 — 24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING CHANGE ORDER NO. 2 TO THE AMENDED AND RESTATED ENERGY SERVICES CONTRACT FOR OPERATIONS AND MAINTENANCE WITH ENGIE SERVICES U.S. INC. WHEREAS, on August 1, 2012, the City Council approved an Energy Service Contract and an associated financing contract with Chevron Energy Solutions Company for the implementation and funding of certain energy related improvements to City of Dublin Facilities; and WHEREAS, on October 24, 2015, the City Council approved an amendment to the Energy Services Contract; and WHEREAS, on May 2, 2017, the City Council approved an Amended and Restated Contract with OpTerra Energy Services, Inc. (successor -in -interest to Chevron Energy Solutions Company, a division of Chevron U.S.A. Inc.) clarifying the operation and maintenance services to the City of Dublin; and WHEREAS, Engie Services U.S. Inc. purchased Opterra Energy Services, Inc., and in July 2018, began providing services to the City as outlined in the Amended and Restated Energy Services Contract; and WHEREAS, on April 22, 2022, the City Council approved Change Order No. 1 to the Amended and Restated Energy Services Contract with Engie Services U.S. Inc. to provide routine annual maintenance of the Public Safety Complex parking lot solar panels; and WHEREAS, the City Council desires to approve Change Order No.2 to the Amended and Restated Energy Services Contract with Engie Services U.S. Inc. to extend the contract term to January 31, 2029, and to set the not -to -exceed compensation at $989,250 for photovoltaic equipment operations, monitoring, maintenance, repair, replacement, and inspection services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve Change Order No. 2 to the Amended and Restated Energy Services Contract with Engie Services U.S. Inc attached hereto as Exhibit A to this Resolution. BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute Exhibit A and make any necessary, non -substantive changes to Exhibit A to carry out the intent of this Resolution. Reso. No. 02-24, Item 5.6, Adopted 01/09/2024 Page 1 of 2 DocuSign Envelope ID: 1C772300-A399-4D3C-B90A-7E0704C8A2F3 PASSED, APPROVED AND ADOPTED this 9th day of January 2024, by the following vote: AYES: Councilmembers Hu, Josey, McCorriston, Qaadri and Mayor Hernandez NOES: ABSENT: ABSTAIN: DocuSigned by: rAittteiSS61 tkWlnalkIti5 f H4bH2f4b I Mayor ATTEST: DocuuSiigneedbyy: lVV YLV`W r Citytler( r4u"-- Reso. No. 02-24, Item 5.6, Adopted 01/09/2024 Page 2 of 2 DocuSign Envelope ID: 1C772300-A399-4D3C-B90A-7E0704C8A2F3 Exhibit A eNGie Change Order No. 02 ENGIE Services Project #: CN-000692 ENGIE Services Contract # CU1286 Customer Contract Title: Amended and Restated Energy Customer Contract No. CU1286 Services Contract for Operation and Maintenance Customer Contract Effective Date: 3/29/2017 Change Order Effective Date: 01/31/2024 Customer Name: Customer Address: Contact: Job Location: Description of Change Order: City of Dublin 100 Civic Plaza, Dublin CA 94568 Debbie Bell, Public Works Manager See Attachment A, Table 1 The Scope of Work set forth in the Contract for Operation and Maintenance ("Agreement") referenced above is hereby amended to add the following term, scope, and cost revisions. Further explanation is as follows: 1. Article 1. "Annual Maintenance and Monitoring Fee" table (shown below) - updated to include the following: a. "PV O&M Services" to include existing and new PV systems for years 11-15 b. "Monitoring Services" to include existing and new PV systems for years 11-15 a. One-time monitoring integration fees for new sites will be scoped and added as they come online. $90,000 NTE. c. Any new site brought online during the service year will have service fees prorated for the remainder of the year and non -service months will be credited on the next year's invoice per breakdown on Attachment A Table 1. 2. Section 2.01 of the Agreement is amended to extend the Term an additional five (5) years, for a total of fifteen (15) years, terminating on January 31, 2029. Year 11 shall commence on February 1, 2024. 3. Section 4.03 Repair Services - $500,000 NTE added for the term of the agreement for T&M repairs or repowering needs that may arise. 4. Add Section 4.05 Commissionina Inspection Services - Commissioning services to include pre - commissioning inspection, testing and verification, system integration, safety checks, regulatory compliance, and commissioning report. $15,400 T&M. 5. Attachment A — Proiect Locations — updated to add new PV systems, as set forth on Attachment A hereto. 6. Attachment B T&M Repair Services replaces Section 4.03 Repair Services Undated Annual Service Fees Table: Year Total Services Services 11 $60,300 $ 12,000 $72,300 12 $62,109 $ 12,360 $74,469 13 $63,972 $ 12,731 $76,703 14 $65,891 $ 13,113 $79,004 15 $67,868 $ 13,506 $81,374 Repair/Replacement Services Budget (+) Commissioning/Inspections Services for New Sites (+) Monitoring Integration Budget for New Sites (NTE) (+) This Amendment Will Add (+): PV O&M Monitoring $500,000 $15,400 $90,000 $989,250 The changes within are hereby authorized, subject to the terms and conditions of that certain Customer Contract referenced above by and between ENGIE Services U.S. Inc., and City of Dublin. Except as set forth herein, the Customer Contract is not amended, modified, impaired or otherwise affected, and is hereby confirmed in full force and effect. DocuSigned by: CITY OF DUBLIN ENG E S 4 . By: By: "� Print Name: Print Name: Head oi- Operations, Customer Care Title: Title: RETURN EXECUTED COPY TO: ENGIE Services U.S. Inc., 500 Twelfth Street, Suite 300, Oakland, CA 94607, Attn.: Contract Administrator Page 1 of 1 Change Order to ESC DocuSign Envelope ID: 1C772300-A399-4D3C-B90A-7E0704C8A2F3 eNGie Change Order No. 2: Attachment A: Table 1: Locations and PV Systems Summary: ENGIE Services Project #: CN-000692 ENGIE Services Contract # CU1286 Site Name Site Address kW # Panels # Inverters Type* Year 11 PV O&M Services** Year 11 Monitoring Services *** Civic Center 100 Civic Plaza 369.40 1,368 25 CP Corporation Yard 100 Civic Plaza 47.60 140 2 RT $1,759 $1,000 Fallon Park 4605 Lockhart St 66.24 138 1 CP $1,938 $1,000 Fire Station 16 7494 Donohue Dr. 11.90 44 1 RT Fire Station 17 6200 Madigan Dr. 38.90 144 3 CP Fire Station 17 100 Civic Plaza 23.46 69 2 RT $1,112 N/A Fire Station 18 4800 Fallon Dr. 25.90 96 2 CP Fire Station 18 4800 Fallon Dr. 13.26 39 1 RT $838 N/A Library 200 Civic Plaza 132.80 492 9 CP Library 200 Civic Plaza 127.84 376 3 RT $3,909 N/A Public Safety Complex PH1 6361 Clark Ave. 188.20 579 9 CP $5,670 $1,000 Public Safety Complex Ph2 6361 Clark Ave. 90.72 189 3 CP $2,476 N/A Senior Center 7600 Amador Valley Blvd. 32.40 120 3 RT Senior Center 7600 Amador Valley Blvd 38.40 113 1 RT $1,512 N/A Shannon Center 4201 Central Pkwy 116.60 432 12 CP Sports Grounds 7494 Donohue Dr. 117.60 245 2 CP $3,066 $1,000 The Wave 420Pk`eytral 524.64 1,093 11 CP $12,007 $1,000 Sites in bold font and shaded in blue are new systems coming oline that were not designed or constructed by Engie. *Type column indicates CP for carport, RT for rooftop **PV O&M Services — Year 1 fees for new systems provided to assist with pro -rate calculations if applicable. ***Monitoring Services — Year 1 fees for new systems provided to assit with pro -rate calculations if applicable. New systems at locations with existing monitoring services do not require added monitoring fees = N/A Page 1 of 1 ENGIE Services Project #: CN-000692 ENGIE Services Contract # CU1286 Page 1 of 1 Change Order No.2:Attachment B: IV. T&M Repair Services (a)If a Generating Facility is damaged and requires safe-off, repair, demolition and/or reconstruction, or otherwise requires repair outside of warranty, Customer must contact the ENGIE Services U.S. PV Operations & Maintenance Manager. In the event of damage, any component of the Generating Facility installed by ENGIE Services U.S. can Customer must submit a request for quotation to the ENGIE Services U.S. PV Operations & Maintenance Manager. ENGIE Services U.S. will inspect the damage and provide a written quotation and complete scope of work to Customer to restore the Generating Facility to normal operational condition. Before proceeding with repairs, ENGIE Services U.S. and Customer must Repair work is done on a time and materials basis. Standard Business Hours are M-F, 7am to 5pm. Non-business Hours & Saturdays Equals 1.5x Rates. Sundays & Holidays Equals 2.0x Rates. Labor Category Straight Time Hourly Rate PV Electrical Journeyman Technician1 $/hr.County Labor Rate Hourly Rate PV Electrical Apprentice Technician1 $/hr.County Labor Rate Hourly Rate Engineering2 $/hr.$ 170.00 Hourly Rate Administrative2 $/hr.$ 65.00 Mileage $IRS Rate Material mark-up % %15.00 Lift rental fee $Current Market Price 1Trade Hourly rate will be adjusted based on the current year of the local prevailing wage determination plus Burden, requirement for either travel or subsistence and lodging, and markup for services being requested. 2Escalated according to an inflation rate to the year in which service will occur . DocuSign Envelope ID: 1C772300-A399-4D3C-B90A-7E0704C8A2F3