HomeMy WebLinkAbout4.08 Energy Upgrade Projector
19 82
/ii � 111
DATE:
TO:
FROM:
SUBJECT
STAFF REPORT
CITY COUNCIL
September 4, 2012
Honorable Mayor and City Councilmembers
Joni Pattillo City Manager""'
Financing Institution Change for Energy Upgrade Capital Project
Prepared by Roger Bradley, Assistant to the City Manager
EXECUTIVE SUMMARY:
CITY CLERK
File #600 -30
The City Council will consider authorizing the City Manager to enter into negotiations with
alternative financial institutions to fund a comprehensive energy upgrade project covering the
City's municipal operations.
FINANCIAL IMPACT:
As presented to the City Council on June 19, 2012, the Energy project will be funded through a
combination of a bank lease and the City's Internal Service Fund reserves. The original
proposal utilized financing from US Bank in an amount not to exceed $7,023,268 at a fixed
interest rate of 2.66 %. Staff has identified an alternate financing opportunity at a lower interest
rate which, based on the final project, is estimated to save over $50,000 during the fourteen
year life of the lease agreement.
RECOMMENDATION:
Staff recommends that the City Council adopt a Resolution approving a change in financial
institutions for the funding of the City's Energy Upgrade Project, CIP #930018.
Submitted By
Assistant to the City Manager
DESCRIPTION:
Reviewed By
Assistant City Manager
At the City Council meeting on June 19, 2012, the City Council approved a contract with
Chevron Energy Solutions to conduct a comprehensive energy upgrade of the City's municipal
operations (Attachment 1 without attachments). Additionally, the City Manager was given
authorization to negotiate lease financing arrangements with US Bank to fund the capital project
improvements. Over the past two months, the rates for lease purchase transactions have
fluctuated with lower interest rates offered. Staff has been made aware of an opportunity to
change financial institutions, which would save the City $50,000 over the life of the lease
Page 1 of 2 ITEM NO. 4.8
agreement. In particular, the City has been offered an interest rate reduction from 2.66% under
the previous lease financing conditions to 2.56 %. The current institution does have a small
closing cost fee of $7,500 and all other conditions remain the same.
As the change in financial institutions represents real cost savings to the City, Staff recommends
that the City Council authorize the City Manager to execute a lease /finance agreement with the
financial institution that presents the most favorable terms at the time of agreement execution.
NOTICING REQUIREMENTS /PUBLIC OUTREACH:
1101
ATTACHMENTS:
1. Staff Report — June 19, 2012.
2. Resolution authorizing the execution and delivery of an equipment lease /purchase
agreement with respect to the acquisition, purchase, financing, and leasing of certain
equipment for the public benefit; authorizing the execution and delivery of documents
required in connection therewith; and authorizing the taking of all other actions
necessary to the consummation of the transaction contemplated by this resolution.
Page 2 of 2
or
19 82
/ii � 111
DATE:
TO:
FROM:
STAFF REPORT
CITY COUNCIL
June 19, 2012
Honorable Mayor and City Councilmembers
Joni Pattillo City Manager""'
CITY CLERK
File #600 -30
SUBJECT: Energy Services Contract for Energy Related Improvements to City of Dublin
Facilities
Prepared by: Roger Bradley, Assistant to the City Manager
EXECUTIVE SUMMARY:
The City Council will receive a report on a comprehensive energy audit conducted by Chevron
Energy Solutions, and will consider an Energy Services Performance Contract with Chevron
Energy Solutions to implement the recommended efficiency improvements from the energy
audit, which is a proposed next phase in the City's ongoing efforts to reduce energy
consumption and develop long -term cost savings through increased energy efficiency.
FINANCIAL IMPACT:
The total project cost is $7,430,976. The project study identifies that the full cost of
improvements including interest can be offset through estimated energy savings. As discussed
later in this report Staff is recommending that the project be funded through a combination of
Lease Financing and Internal Service Fund reserves.
RECOMMENDATION:
Staff recommends that the City Council adopt a Resolution that: 1) approves an Energy Service
Contract with Chevron Energy Solutions Company, a division of Chevron U.S.A. Inc., and an
associated financing contract, for the implementation and funding of certain energy related
improvements to City facilities as authorized by California Government Code Sections 4217.10
through 4217.18; 2) finds that the cost to the City to implement the energy related improvements
per this energy service contract will be less than the anticipated marginal cost to the City of
thermal, electrical, or other energy that would have been consumed by the City in the absence
of purchasing the energy improvements; 3) finds that it is in the City's interests to enter into a
financing agreement for the energy improvements and that the payments made under that
agreement will be offset by the savings to the City arising from the improvements; 4) accepts the
Lease terms presented by US Bank and authorizes Staff to negotiate the final terms and amount
to be financed; and 5) authorizes the City Manager to execute the Agreements in substantially
the form presented to the City Council.
Page 1 of 6 ITEM NO. 6.3
Submitted By ~'
Assistant to the City Manager
DESCRIPTION:
Submitted By
Administrative Services
Director
Reviewed y
Assistant City Manager
In order to curtail the high cost of energy and to promote greater sustainability within the City,
the City Council approved an agreement with Chevron Energy Solutions (Chevron ES) in May
2011 to conduct an energy audit of all City facilities. The audit examined the consumption of
energy associated with the City's municipal operations and provides recommendations for
projects that incorporate energy conservation measures as well as renewable energy options.
Specifically, the Chevron ES evaluation covered the following types of energy efficiency and
alternative energy measures:
• Lighting fixtures and controls;
• Building automation and controls;
• Air handling systems;
• Equipment modifications;
• Heating, cooling, and ventilation (HVAC) replacement and /or upgrades;
• Streetlighting technologies;
• Alternative energy production including photovoltaic systems and fuel cells; and
• Water and irrigation systems.
Chevron ES completed the audit of the City's facilities and has provided the City with a
proposed Energy Action Plan, which includes a detailed implementation strategy highlighting
those energy efficiency upgrades and renewable energy production projects that could be
effectively implemented (i.e., audit identifies those projects that generate sufficient cost savings
to justify their implementation). After completing the audit and providing the City with the Energy
Action Plan, Chevron ES also developed a scope of work to design and build the proposed
projects and has evaluated options for funding and implementing the scope of work. Further, the
analysis of the cost of the program indicates that over a 15 year period that the savings from the
energy upgrades exceed the cost of the program; i.e., there would be no negative impact to the
City budget. During the period of the financing, the City would pay less in energy costs;
however it will also have annual lease payments. The 15 year period is used based on a
reasonable allocation of the life of the improvements. In the case of the solar photovoltaic
systems the Consultants advise that the actual life would be expected to extend an additional 5-
10 years.
Energy Action Plan
It is anticipated that the proposed Energy Action Plan (EAP) and associated improvements will
result in an expected annual net savings to the City of over $3.4 million in the first five years and
approximately $14.8 million dollars over 25 years. In addition, the plan would provide an
important opportunity for the City of Dublin to implement measures that not only reduce energy
consumption but also reduce GHG emissions within the community.
Eight photovoltaic electricity production (solar) installations are proposed as part of the EAP at
the following locations: Civic Center; Library; Shannon Community Center; Senior Center; all 3
Fire Stations; and Valley High School (Stager Gym). These installations will generate more than
1 MW of solar energy at all sites combined, and includes a display monitor to be placed at the
Page 2 of 6
Civic Center and Valley High with a link to the City website to allow for public viewing of real
time tracking of production, savings and environmental benefits. The solar arrays will be a
combination of solar shade structures at the Civic Center, Library, Shannon Community Center,
and Valley High with roof mounted solar installations at the remaining facilities.
Attachment 1 provides an illustration of how a shade structure would look within the Civic Center
parking lot. The project would require that many of the trees within the parking lot where the
solar structures are proposed to be installed would be removed. Should the City Council decide
to proceed with implementing the EAP, Staff would arrange to have these trees either
transplanted or replaced with new trees at other locations within the City at a rate of 3 to 1 (3
new trees for every 1 removed). While it may seem counterintuitive to remove trees to install
solar shade structures, ground mounted arrays, as opposed to their placement on the roof,
allows for a much larger solar array to be installed. These arrays would allow the City to have a
facility that generates almost enough energy to meet its consumption needs. The array
proposed for the Civic Center parking lot would generate more than 400,000 kWh of clean
electricity annually, which would reduce the City's carbon footprint equivalent to more than 60
acres of pine forest.
The detailed project scope is included within Attachment 2. In addition to the renewable energy
provided by the project, the scope also includes multiple energy efficiency measures at various
sites. The energy efficiency scope includes: HVAC upgrades at the Civic Center and Library to
install variable drive motors so that air flows into the facilities as needed instead of at a constant
rate; replacement of the pool pump and upgrade of the pool filtration system at the Swim
Center. The project will also address interior and exterior lighting upgrades at City facilities,
including occupancy sensors where appropriate; installation of irrigation control devices to
prevent overwatering and water loss at City parks; water fixture replacements.
The plan will upgrade all City streetlights by replacing the City's high pressure sodium cobra
head lighting fixtures with a light emitting diode (LED) lighting technology. Decorative street
lights are in use in Assessment District 1999 -1 (Eastern Dublin and Clifden Court) as well as
lighting on Village Parkway. There are currently limited options to retro -fit these fixtures. As
new options become available in the market there may be opportunities to examine in the future
decorative light LED fixtures. T streetlighing that will be replaced by LED's include 3,157 pole
mounted cobra head fixtures.
Chevron ES projects that EAP implementation would provide immediate and long term benefits
to the City of Dublin including:
• Providing 1 MW of clean renewable energy;
• Reducing energy consumption of 2,723,849 kWh per year;
• Utility /maintenance expense reductions of over $560,000 per year;
• Over $14.8 million in savings to the City over 25 years;
• Capturing $277,795 in one -time rebates;
• Capturing $446,599 in California Solar Initiative incentives;
• Savings of over $67,000 in water costs annually without estimating increases; and
• Reduction of 1,920 metric tons of greenhouse gas emissions within the City annually.
The EAP, which has been developed and refined over the last year, delivers an outstanding
opportunity for Dublin to realize water and energy savings, general fund savings, and a
reduction in GHG emissions within the community.
Page 3 of 6
Energy Services Contracting
Chevron ES has presented a contracting /financing option for the City to pay for the proposed
EAP known as an Energy Services Contract (ESC). Under an ESC, the City would have a
guaranteed cost agreement whereby the City is protected from any cost overruns from the
construction /installation of the improvements, and if the City elects to make annual payments,
the energy savings included within the EAP would also be guaranteed. An ESC allows a city to
contract with an Energy Service Company (ESCO), in this case Chevron ES, for energy
conservation projects if the ESCO can guarantee that the City will receive the economic benefits
associated with the recommended conservation measures. Performance contracting is
recognized by many state and local governments as a method of saving money for government
entities. This method of contracting uses the private sector contracting community to retrofit
existing buildings and facilities to replace energy consuming devices such as lights, heating &
air conditioning systems, etc. with more efficient devices and thereby reduce the costs of
energy. Locally, Staff is aware that the cities of Concord, Benicia, and Antioch have executed
similar contracts, and the City of Pleasanton is at a similar stage as the City of Dublin in
exploring an ESC.
Under the ESCO arrangement, the City would not be required to initially contribute funding for
the capital cost of any of the projects implemented. Chevron ES and a financing company would
pay for all capital costs as well as the cost to design the project. Specifically, the construction
costs for the project and the value added service of administration, design, and profit of Chevron
ES are built into the total project costs which would then be repaid with interest over time. The
most common form of financing for public entity performance contracting is the tax - exempt
municipal lease which provides for the performance contract to be treated as an operating
expense instead of debt. Additionally, Chevron ES can provide a performance guarantee, in
exchange for an annual payment from the City, that would guarantee that the improvements will
generate the estimated utility savings to pay for the improvements as forecast. After project
implementation, and if the City elects to utilize the performance guarantee, Chevron ES would
annually measure and verify the actual savings against the guaranteed savings. If the energy
savings do not occur, then Chevron ES would reimburse the City for the amount of the shortfall.
The design of the project is intended to result in annual improvement costs that are offset by the
projected savings garnered from the energy- efficiency and renewable energy improvements.
After pay off of the lease obligation, the City would then realize the full energy savings through
reduced utility costs.
It is worth noting that the agreement with Chevron ES for design and construction of the projects
contains an important difference from the City's standard public project construction
agreements. During negotiations with Chevron ES, it became clear that Chevron ES would
require that the City agree to either: 1) mandatory and binding arbitration of any disputes arising
out of the Agreement, or 2) to mandatory, but non - binding mediation of disputes and a waiver of
its right to a jury trial in any litigation that might occur after such non - binding mediation.
Chevron ES representatives indicated that if the City did not agree to one of these two options,
then Chevron ES would be unable to enter into an agreement with the City. In consultation with
the City Attorney, Staff concluded that while neither alternative was ideal, the mediation and
waiver of jury trial was the better of the two options.
Financing
As authorized by the City Council on May 15, 2012, Chevron Energy Solutions coordinated a
request for lease purchase financing for the projects. Thirteen banks and leasing companies
were sent materials requesting that they submit a proposal. A total of four financing entities
provided responses to the request (US Bank, Bank of America, Green Campus Partners, and
Page 4 of 6
Municipal Finance Corp.). The fixed rates offered ranged from 2.66% to 3.09 %. The lease term
varied from 15 years to 15 years and 9 months. The lowest interest rate and lowest total
financing cost was provided by US Bank. In accordance with the authorization given by the City
Council on May 15, 2012, the City Manager accepted the proposal subject to formal approval by
the City Council. The City Council, as part of the approval of this item, will also approve the
Lease Financing with US Bank.
Staff is recommending that certain portions of the project be funded from reserves in the Internal
Service Fund for Building System Replacements. This includes $382,528 in building lighting
and $25,179 in Building water fixture replacements. Based on the type of improvements it
makes greater sense to fund these from reserves and not carry debt service on them for a
period of 15 years. Staff also expects that the project will require additional construction
management services in order to implement the multiple projects. Staff will return with a
proposed agreement at a future meeting. It is proposed that the construction management
costs will also be paid from the Internal Service Fund reserves.
The total amount to be financed through the proposed US Bank Lease is approximately
$7,023,268. The interest rate is fixed at 2.66 %. A summary of the major component costs and
financing is included in Attachment 3. The City will not make payments during the construction
period which is estimated to take up to 12 months. Therefore, the payments will be made over a
fourteen year period. The amount of annual lease payments is intended to produce consistent
savings each year. Therefore, for payments in the initial years, when certain rebates and
incentives are received, there is a higher lease payment.
The average annual lease payment over the 14 year repayment period is estimated to be
approximately $614,093 per year. As previously noted, energy savings and incentives are
projected to fully offset these costs. The financing is a lease arrangement with US Bank holding
title to the improvements being installed. Once all lease payments are made, improvements are
fully owned by the City.
Staff investigated options to guarantee that the savings will materialize. The arrangement would
be similar to the purchase of insurance. The City would be required to pay an annual "premium"
which would start at $17,700 and escalate at a rate of 3% per year. The program offered then
examines periodic energy savings with the original projection. The cost for this level of
assurance has not been included in the overall project, however, this issue can be evaluated at
a later date. The City may elect this option up to 30 days after the final improvements are
installed. It should be noted that in preparing the estimated savings Chevron did provide Staff
with their assumptions which included allowances for less than optimal recovery (i.e. the amount
of solar generation; the fact that the amount generated may reduce over time due to
degradation of the unit; historical assumptions related to energy rates.). The use of reasonable
assumptions helps to give a greater assurance that the savings can be achieved.
Proposed Next Steps
Attachment 4 is a proposed agreement and scope of work for Chevron ES to implement the
EAP. The agreement with Chevron ES is based on a model allowed for by Government Code
sections 4217.10- 4217.18, and is consistent with agreements utilized by other public agencies
and accounts for the significant commitment by both partners to this comprehensive energy
strategy. In particular, the legislation allows the City to contract directly with Chevron ES to
complete the project, with Chevron ES conducting the design, engineering, bidding,
procurement, construction, and commissioning of the energy efficiency measures on behalf of
Page 5 of 6
the City, in order to allow the City to take more immediate advantage of the increased energy
efficiency, reduced costs, and long -term environmental benefits.
Generally speaking, this type of comprehensive energy project is not well suited for the typical
public bidding process. Many public agencies have undertaken similar projects utilizing the type
of agreement proposed by Chevron ES for this project. If the City Council were to direct staff to
initiate implementation of the EAP utilizing the typical design- bid -build process, Staff would
expect that a number of years would be required to complete all the projects within the EAP at a
much higher cumulative cost to the City then guaranteed by Chevron ES. The total project cost
is $7,430,975 for the complete implementation of the EAP, with Chevron projecting that the City
Council would accept all of the improvement within Fiscal Year 2012 -2013. The most favorable
financing proposal came in at a rate of 2.66 %. The net impact of financing the total
improvements coupled with the projected savings over the 15 year finance period is more than
$88,000 a year in savings (Attachment 5). Implementing the EAP through the proposed
contract with Chevron ES, would yield both environmental and well as economic benefits to the
City.
The proposed Energy Services Contract has been negotiated in compliance with California
Government Code sections 4217.10- 4217.18 and has been reviewed and approved by the City
Attorney. In accordance with section 4217.12, a public hearing is required to enter into an
Energy Service Performance Contract.
NOTICING REQUIREMENTS /PUBLIC OUTREACH:
A public notice was placed in the Valley Times pursuant to California Government Code 4217 to
consider approval of an Energy Services Contract. This item was continued from the June 5,
2012 City Council meeting.
ENVIRONMENTAL REVIEW:
The California Environmental Quality Act (CEQA), together with the State guidelines and City
environmental regulations require that certain projects be reviewed for environmental impacts
and when applicable, environmental documents prepared. Staff is recommending that the
Project be found Categorically Exempt from the California Environmental Quality Act (CEQA),
pursuant to CEQA Guidelines Section 15303 (New Construction or Conversion of Small
Structures). The only construction that will occur as part of the project is the construction of
carports and shade structures with solar panels on top of them.
ATTACHMENTS: 1. Civic Center Solar Array Illustration
2. Energy Action Plan Scope of Work
3. Summary of Major Component Costs and Financing
4. Energy Service Contract
5. Summary of Projected Savings
6. Resolution approving 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
Page 6 of 6
RESOLUTION NO. XX - 12
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * **
AUTHORIZING THE EXECUTION AND DELIVERY OF AN EQUIPMENT
LEASE /PURCHASE AGREEMENT WITH RESPECT TO THE ACQUISITION,
PURCHASE, FINANCING AND LEASING OF CERTAIN EQUIPMENT FOR THE
PUBLIC BENEFIT; AUTHORIZING THE EXECUTION AND DELIVERY OF
DOCUMENTS REQUIRED IN CONNECTION THEREWITH; AND AUTHORIZING THE
TAKING OF ALL OTHER ACTIONS NECESSARY TO THE CONSUMMATION OF
THE TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION
WHEREAS, the City of Dublin (the "Lessee'), desires to purchase, acquire and
lease certain equipment constituting personal property necessary for the Lessee to
perform essential governmental functions (the "Equipment'); and
WHEREAS, the City Council has approved an Energy Services Contract with
Chevron Energy Solutions to procure and install the Equipment, the scope of work of
which has been approved and authorized by the City Council; and
WHEREAS, in order to acquire such equipment, the City Council has authorized
the City Manager to enter into an Equipment Lease /Purchase Agreement (the
'Agreement') and select financing institution to act as Lessor (the "Lessor') to fund the
acquisition of the Equipment;
WHEREAS, the City Council has reviewed and approved lease terms and
conditions to fund the acquisition of the Equipment; and
WHEREAS, the City desires to maintain flexibility in choosing its financing
partner, Lessor, to acquire the Equipment; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Dublin hereby authorizes the City Manager to execute an Agreement and all other
related documentation for that financial institution, which presents the most favorable
terms and conditions, as determined by the City Manager, then extant at contract
selection; and
BE IT FURTHER RESOLVED that the City Council hereby approves the form,
terms and provisions of the Agreement as long as they are in substantially the same
form of equipment lease purchase agreement as previously presented to the City
Council, with such insertions, omissions and changes as shall be approved by the City
Manager and /or the City Attorney.
ATTACHMENT 1
PASSED, APPROVED AND ADOPTED this 4th day of September, 2012, by the
following vote-
AYES-
NOES-
ABSENT-
ABSTAIN:
ATTEST:
City Clerk
Mayor