HomeMy WebLinkAboutItem 6.3 Energy Improvementsor
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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
vFwll-
AERIAL VIEW SHOWING PHOTOVOLTAIC ARRAY I DUBLIN CIVIC CENTER.
ENERGY ACTION PLAN SCOPE OF WORK
Energy Conservation Measures to Be Implemented
Energy Conservation Measures ( "ECM "):
ECM 1: Install Variable Frequency Drives and Controls on Fan Motors
Scope for Civic Center:
Modify the existing constant volume system by providing Variable Frequency Drives ( "VFDs ") for the ten supply fan
motors in the ten (10) Carrier 48MA units. Provide and install static pressure sensors on each unit to provide and
pressure indication to manage the speed of the supply fan motor. Provide and install in each of the fifty nine (59) zones
new temperature and CO2 sensors to provide an indication of the actual environment in the building. Temperature and
CO2 levels will provide the demand control information necessary to control the fifty nine (59) newly installed electric
dampers in the ductwork. Dampers will be operated to maintain set -point temperature within an acceptable range.
• Install new opposed blade damper in each zone supply duct with an electric actuator to be controlled by the new
DDC controls provided.
• Provide and install new thermostats and CO2 sensors to communicate with the controls and VFD operation on
each rooftop unit. VFDs will be installed in NEMA 3R enclosures without a by -pass.
• Network all units together for communication.
• Provide and install duct static pressure sensors for each unit to operate the VFDs and manage fan speed.
• Provide and install controls to manage the supply fans and zone operation.
• Provide and install front -end graphics and software for user interface.
• Commission the new controls.
Scope for Library:
Provide and install variable air volume system operation by installing Variable Frequency Drives on the supply fans and
the power exhaust fans. Provide and install controls to operate newly installed VFDs and sensors.
• Close the existing duct bypass on each AC unit and seal duct between supply and return mains.
• Install VFDs on each air conditioning unit to control both the supply air fan and power exhaust fan in NEMA 3R
enclosure.
• Provide and install new temperature sensors to accommodate the new control system.
• Provide and install new actuators on existing dampers fro economizer operation.
• Provide and install CO2 sensors in each of the 21 zones.
• Commission the new controls.
ECM 2: Install pool pump control at the Swim Center
Scope:
• Provide and install VFD pump controller.
• Provide and install flow meter on the discharge pipe of pump.
• Modify piping as needed to provide adequate length of straight pipe upstream and downstream of the flow
meters.
• Modify piping in boiler loop as necessary to ensure adequate water flow through the boiler when the pump
speed is reduced at night.
• Provide and install new pressure gauge in the suction and discharge of each pump.
ECM 3: Install a Sand Filtration System at the Swim Center
Scope of Work:
Remove existing pool filtration system and provide and install a fully- engineered Sand Filtration system, including new
pumps and piping. Replace existing filtration pumps with single pump. Re -plumb existing piping configuration to allow
for new filtration system and pumps. Core drill through existing concrete block wall to allow for new piping and sand
filtration system. The backwash port of the multi -port valves shall be tied into a single 6 -inch PVC line and terminated at
existing waste location. Return lines shall be run through existing block wall and tied into existing return lines. New PVC
Page 1 of 15 Attachment 2
pipe shall be adequately supported by galvanized strut and clamps. It is assumed that existing piping systems and
components which will be interconnected are adequate for continual service.
Provide and install one (1) filter pump, Paco type LC pump and Baldor strainer basket by Grundfos
Provide and install three (3) Pentair THS series horizontal sand filters and media, equipped with multi -port
valves
• Suitable mounting configuration for the new sand filter.
ECM 4: Streetliqht Liqhtinq Efficiency Upgrades
Scope:
Retrofit existing high pressure sodium cobrahead fixtures with new LED fixtures. Street light retrofits will include a new
photo- sensor and wattage label. A comprehensive as -built template provided by PG &E will be used to log the new LED
wattage replacement. This will allow PG &E to change each fixture to the new lower tariff rate..
Scope is applicable for roadway fixtures listed on PG &E's LS2 -A BRIO street light inventory.
• Retrofit 2,461, 70w high pressure sodium cobra head street lights with LED
• Retrofit 758, 100w high pressure sodium cobra head street light with LED
• Retrofit 208, 150w high pressure sodium cobra head street light with LED
• Retrofit 770, 200w high pressure sodium cobra head street light with LED
• Retrofit 135, 250w high pressure sodium cobra head street light with LED
• Retrofit 6, 310w high pressure sodium cobra head street light with LED
• Retrofit 5, 400w high pressure sodium cobra head street light with LED
ECM 5: Interior and Exterior Liqhtinq Efficiency Upgrades
Interior Lighting Upgrading to Existing Lamps and Ballasts Scope:
This scope of work is applicable for the following Buildings: Civic Center; Fire Stations 16, 17, 18; Library; Senior Center.
Refer to table for quantities and fixtures.
• Retrofit existing linear 4 ft. linear fluorescent lamps and ballasts with third - generation, 28 -watt T8, long -life, 4 ft.
linear fluorescent, 4100 Kelvin lamps and ultra- efficient instant start and program start electronic ballasts.
• Areas with three (3) or four (4) older generation T8, 4 ft. fluorescent lamps and electronic ballasts will be
retrofitted with a specular reflector de -lamp kit, two (2) 4 ft. linear fluorescent 28 -watt T8, long -life, 4100 Kelvin
lamps and 2 -lamp, program start electronic ballasts.
• Existing T8 2 -ft U -tube fluorescent lamps will be replaced with two (2) 2 ft., 17w T8s, ultra- efficient electronic
instant -start ballasts and specular reflector de -lamp kit.
• Existing 2x2, 4 -lamp F1 7T8 recessed fixtures will be de- lamped to two (2) 2 ft. 17w T8's, third generation, long -
life fluorescents, ultra- efficient high- output instant -start electronic ballasts and specular reflector de -lamp kit.
• Replace incandescent PAR flood lamps with LED PAR LED flood lamps.
• Replace Halogen incandescent MR16 lamps with MR16 LED lamps.
• Install infrared occupancy sensor in rooms where specified with either a ceiling mount or wall- switch module.
Exterior Lighting Efficiency Upgrade Scope:
This scope of work is applicable for the following Buildings: Civic Center and Library. Refer to table for quantities and
fixtures.
Retrofit post -top parking lot high pressure sodium or metal halide fixtures with induction or LED retrofit kit (lamp
& ballast as specified).
Retrofit wall -mount high pressure sodium or metal halide fixtures with induction or LED retrofit kit (lamp & ballast
as specified).
Retrofit area flood high pressure sodium or metal halide fixtures with induction or LED retrofit kit (lamp & ballast
as specified).
Page 2 of 15 Attachment 2
Sensor Quantity by Site
Building
Wall
Ceiling
Civic Center
72
6
Fire Station 16
8
0
Fire Station 17
19
0
Fire Station 18
17
0
Library
48
3
Police Wing of Civic Center
0
7
Senior Center
11
1
total
175
17
Liqhtinq Quantity by Site
Building
Retrofit Code
ECM Description
Total
CIVIC
CENTER
1383LED
RELAMP WITH LED 1383
48
15WLEDR30
LED 15WATT PAR30 SCREW IN
13
18WLEDPAR
NEW 18W PAR38 SCREW IN
10
11-2T8
(1) 2' 17W T -8 Lamps, (1) Prog Start Elec Bal
7
11-3T8
(1) 3'25W T -8 Lamps, (1) Prog Start Elec Bal
19
1 L4T8LP
(1) 4'28W T -8 Lamp, (1) LP Prog Start Elec Bal
2
21-2T8
(2) 2' 17W T -8 Lamps, (1) Prog Start Elec Bal
5
21-3T8
(2) 3'25W T -8 Lamps, (1) Prog Start Elec Bal
24
2L4T8LP
(2) 4'28W T -8 Lamps, (1) LP Prog Start Elec Bal
194
21-4UT86
(2) 30W U -lamp w/ (1) Prog Start Elec Bal (2x2) 6 "-
LP
1
3L4T8LP
(3) 4'28W T -8 Lamps, (1) LP Prog Start Elec Bal
44
50WMHKIT
RETROFIT TO 50 MH
40
6L4T8LP
(6) 4'28W T -8 Lamps, (2) LP Prog Start Elec Bal
9
CATHKIT
T -1 XTRABRIGHT COLD CATHODE KIT
15
NF150FLD
NEW 150 PS FLOOD KNUCKLE OPTION 1
10
NF3LT5HOPOLE
NEW 3L 54T5HO POLE HEAD
32
NF70INDCH
NEW INDUCTION COBRA HEAD 70W
6
CIVIC CENTER Total
479
FIRE
STATION 16
13WCFLDIM
13 WATT CFL DIM
2
15WLEDR30
LED 15WATT PAR30 SCREW IN
9
1 L4T8LP
(1) 4'28W T -8 Lamp, (1) LP Prog Start Elec Bal
11
21-2T8
(2) 2' 17W T -8 Lamps, (1) Prog Start Elec Bal
1
2L4T8LP
(2) 4'28W T -8 Lamps, (1) LP Prog Start Elec Bal
39
3WCCS1
3W COLD CATHODE SCREW IN
3
4L4T8LP
(4) 4'28W T -8 Lamps, (1) LP Prog Start Elec Bal
17
LEDMR16
LED MR16
8
NF26TBX
NEW FIXTURE FLOOD 26W TBX
2
NF3LT5HOPOLE
NEW 3L 54T5HO POLE HEAD
3
NF3LT5HOWP
NEW 3L 54T5HO WALL PACK
2
FIRE STATION 16 Total
97
FIRE
STATION 17
15WLEDR30
LED 15WATT PAR30 SCREW IN
2
11-3T8
(1) 3'25W T -8 Lamps, (1) Prog Start Elec Bal
13
1 L4T8LP
(1) 4'28W T -8 Lamp, (1) LP Prog Start Elec Bal
1
27WCFL
27 WATT CFL
10
2L4T8LP
1 (2) 4' 28W T -8 Lamps, (1) LP Prog Start Elec Bal
1 21
Page 3 of 15 Attachment 2
FIRE
3L4T8LP1O
(3) 4'28W T -8 Lamps, (1) LP Elec Bal 10
17
STATION 17
4L4T8LP
(4) 4'28W T -8 Lamps, (1) LP Prog Start Elec Bat
50
8WLEDPAR20
LED 8WATT PAR20 SCREW IN
2
FIRE STATION 17 Total
116
FIRE
STATION 18
11-3T8
(1) 3'25W T -8 Lamps, (1) Prog Start Elec Bat
9
1 L4T8LP
(1) 4'28W T -8 Lamp, (1) LP Prog Start Elec Bat
1
27WCFL
27 WATT CFL
4
21-3T8
(2) 3'25W T -8 Lamps, (1) Prog Start Elec Bat
2
2L4T8LP
(2) 4'28W T -8 Lamps, (1) LP Prog Start Elec Bat
39
3L4T8LP1O
(3) 4'28W T -8 Lamps, (1) LP Elec Bat 10
4
4L4T8LP
(4) 4'28W T -8 Lamps, (1) LP Prog Start Elec Bat
32
6L4T8LP
(6) 4'28W T -8 Lamps, (2) LP Prog Start Elec Bat
3
FIRE STATION 18 Total
94
1383LED
RELAMP WITH LED 1383
24
18WCF
18 WATT CF
4
POLICE
11-2T8
(1) 2' 17W T -8 Lamps, (1) Prog Start Elec Bat
1
WING OF
CIVIC
1 L4T8LP
(1) 4'28W T -8 Lamp, (1) LP Prog Start Elec Bat
1
CENTER
1X8R4T8ELEC
1X8 Refl, (4)FO28, (1) T8 Prog Start Elec Ball LP
2
21-2T8
(2) 2' 17W T -8 Lamps, (1) Prog Start Elec Bat
5
21-3T8
(2) 3'25W T -8 Lamps, (1) Prog Start Elec Bat
18
2L4T8LP
(2) 4'28W T -8 Lamps, (1) LP Prog Start Elec Bat
144
21-4UT86
(2) 30W U -lamp w/ (1) Prog Start Elec Bal (2x2) 6 "- LP
4
3L4T8LP
(3) 4'28W T -8 Lamps, (1) LP Prog Start Elec Bat
17
4L4T8LP
(4) 4'28W T -8 Lamps, (1) LP Prog Start Elec Bat
5
4L4T8LP10
(4) 4'28W T -8 Lamps, (2) LP prog Start Elec Bal-
10
11
6L4T8LP
(6) 4'28W T -8 Lamps, (2) LP Prog Start Elec Bat
29
CATHKIT
T -1 XTRABRIGHT COLD CATHODE KIT
4
NF3LT5HOPOLE
NEW 3L 54T5HO POLE HEAD
13
NF3LT5HOWP
NEW 3L 54T5HO WALL PACK
3
NF42TBXWP
NEW 42 WATT TBX WALL PACK
2
POLICE WING Total
287
PUBLIC
LIBRARY
11-3T8
(1) 3'25W T -8 Lamps, (1) Prog Start Elec Bat
24
1 L4T8LP
(1) 4'28W T -8 Lamp, (1) LP Prog Start Elec Bat
92
21-3T8
(2) 3'25W T -8 Lamps, (1) Prog Start Elec Bat
12
2L4T8LP
(2) 4'28W T -8 Lamps, (1) LP Prog Start Elec Bat
18
3L4T8LP
(3) 4'28W T -8 Lamps, (1) LP Prog Start Elec Bat
18
PUBLIC LIBRARY Total
164
SENIOR
CENTER
11-3T8
(1) 3'25W T -8 Lamps, (1) Prog Start Elec Bat
40
1 L4T8LP
(1) 4'28W T -8 Lamp, (1) LP Prog Start Elec Bat
65
2L4T8LP
(2) 4'28W T -8 Lamps, (1) LP Prog Start Elec Bat
9
3L4T8LP
(3) 4'28W T -8 Lamps, (1) LP Prog Start Elec Bat
36
3L4T8LP1O
(3) 4'28W T -8 Lamps, (1) LP Elec Bat 10
14
6L4T8LP
(6) 4'28W T -8 Lamps, (2) LP Prog Start Elec Bat
9
LEDMR16
LED MR16
3
NF100MH
NEW FLOOD KNUCKLE 100 MH
2
NF2LT5GRN
NEW 2L 54T5HO POLE HEAD GREEN
12
NF3LT5GRN
NEW 3L 54T5HO WALL PACK GREEN
2
SENIOR CENTER Total
192
Page 4 of 15 Attachment 2
EMC 6: Renewable Energy Measure: Photovoltaic Systems
Scope of Work — General
Chevron ES shall provide installation of a solar photovoltaic (PV) system with a nominal capacity of 726 kWdc to be
constructed on eight sites within the City: Civic Center, Fire Station 16, Fire Station 17, Fire Station 18, Library, Senior
Center, Shannon Center, Stager Gym. Chevron ES installation includes detailed engineering, equipment procurement,
installation, interconnection to utility, system start -up and commissioning services.
Scope of work shall include:
• Preparation of design drawings from the Chevron ES standard Division of the State Architect DSA] pre -check
design package for submission to City Building Permit Department (Civic Center, FS16, FS17, FS18, Library,
Senior Center, Shannon), DSA (Stager Gym), and local utility interconnection permit.
• Final layout drawings for Fire Marshall and customer review.
• Geotechnical evaluations necessary for design requirements.
• Utility (PG &E) interconnection drawings and application management services.
• Rebate administrative services for the purpose of obtaining available CSI incentive, if any.
• Provide and coordinate with PG &E for the installation of the NGOM and NEM metering.
• Provide the CSI - required PMRS [monitoring for five (5) years.
• Procurement of materials and equipment necessary for construction.
• Labor, supervision and coordination with the City for the installation of photovoltaic modules and supporting
structures, electrical distribution and control systems, and one information kiosk.
• Installation of inverters and all necessary electrical equipment and conduits to connect to the electrical
switchgear or meter. Two electrical shut -downs are anticipated at each site. Time of shutdown to be
coordinated with the City, Facility Management, and PG &E and may include weekends.
• Solar canopy structure, which shall allow parking below and traffic circulation between canopies, shall be from
Chevron ES standard, painted, canopy structure height and pier depth of eight (8) foot deep and assumes no
de- watering, benching, shoring, or casing.
• Installation of new lighting fixtures mounted under new parking canopies.
• Roof mounted systems shall be standard attachment to standing seam roof and assumes no structural
modifications to building, roof repairs, or roof modifications. Additional costs for non standard attachment shall
be calculated based upon final design. Cost for roof mounting system requiring structural building modifications
shall be determined following final design.
• Includes connection to one kiosk display installed at City Hall showcasing the solar PV technology, real time
tracking of production, savings and environmental benefits.
• All project management and construction management necessary for a full and complete installation.
• AutoCAD drawings and Operations & Maintenance Manuals upon project completion.
Page 5 of 15 Attachment 2
Location
Structure type
No. of arrays
kWdc
Panel type
Inverter Type
1
Civic Center
Canopy
6
288+3
Hyundai, Trina,
central or string
or equivalent
2
Fire Sta. 16
Roof
1
14+3
Hyundai, Trina
central or string
or equivalent
3
Fire Sta. 17
Canopy — tall T
1
39+3
Hyundai, Trina
central or string
or equivalent
4
Fire Sta. 18
Canopy
1
24+3
Hyundai, Trina,
central or string
or equivalent
5
Library
Canopy
3 -4
180+3
Hyundai, Trina,
central or string
or equivalent
6
Senior Center
Roof
1
33+3
Hyundai, Trina,
central or string
or equivalent
7
Shannon
Canopy
2 -3
120+3
Hyundai, Trina,
central or string
Center
or equivalent
8
Stager Gym
Canopy
1
30+3
Hyundai, Trina,
central or string
or equivalent
Scope of Work — General
Chevron ES shall provide installation of a solar photovoltaic (PV) system with a nominal capacity of 726 kWdc to be
constructed on eight sites within the City: Civic Center, Fire Station 16, Fire Station 17, Fire Station 18, Library, Senior
Center, Shannon Center, Stager Gym. Chevron ES installation includes detailed engineering, equipment procurement,
installation, interconnection to utility, system start -up and commissioning services.
Scope of work shall include:
• Preparation of design drawings from the Chevron ES standard Division of the State Architect DSA] pre -check
design package for submission to City Building Permit Department (Civic Center, FS16, FS17, FS18, Library,
Senior Center, Shannon), DSA (Stager Gym), and local utility interconnection permit.
• Final layout drawings for Fire Marshall and customer review.
• Geotechnical evaluations necessary for design requirements.
• Utility (PG &E) interconnection drawings and application management services.
• Rebate administrative services for the purpose of obtaining available CSI incentive, if any.
• Provide and coordinate with PG &E for the installation of the NGOM and NEM metering.
• Provide the CSI - required PMRS [monitoring for five (5) years.
• Procurement of materials and equipment necessary for construction.
• Labor, supervision and coordination with the City for the installation of photovoltaic modules and supporting
structures, electrical distribution and control systems, and one information kiosk.
• Installation of inverters and all necessary electrical equipment and conduits to connect to the electrical
switchgear or meter. Two electrical shut -downs are anticipated at each site. Time of shutdown to be
coordinated with the City, Facility Management, and PG &E and may include weekends.
• Solar canopy structure, which shall allow parking below and traffic circulation between canopies, shall be from
Chevron ES standard, painted, canopy structure height and pier depth of eight (8) foot deep and assumes no
de- watering, benching, shoring, or casing.
• Installation of new lighting fixtures mounted under new parking canopies.
• Roof mounted systems shall be standard attachment to standing seam roof and assumes no structural
modifications to building, roof repairs, or roof modifications. Additional costs for non standard attachment shall
be calculated based upon final design. Cost for roof mounting system requiring structural building modifications
shall be determined following final design.
• Includes connection to one kiosk display installed at City Hall showcasing the solar PV technology, real time
tracking of production, savings and environmental benefits.
• All project management and construction management necessary for a full and complete installation.
• AutoCAD drawings and Operations & Maintenance Manuals upon project completion.
Page 5 of 15 Attachment 2
• Tree relocation of Ash and Locust at Civic Center and Library, to adjacent field site. All other trees shall be
removed.
• Miscellaneous backfill and restoration of landscaping in areas of work.
• Start -up, test, and commission the systems in accordance with design plan and applicable industry standards.
Beneficial Use and therefore Substantial Completion of PV Systems: Unless otherwise provided below, shall occur
when PG &E issues the Permission -To- Operate letter.
Project Schedule
Chevron ES shall incorporate in the Project Schedule reasonable allowances for:
• Securing permits and approvals, and required inspections
• Operations that cannot be suspended
• Delivery of materials and equipment
• Weather delays for conditions normal during the construction period
Assumptions, Exceptions, Exclusions:
• Time of work shall be normal business hours Monday through Saturday
• Chevron ES is not responsible for availability of rebates available through PG &E California Solar Initiative CSI
program.
• Work shall not include repairs, modifications, or upgrades to buildings or adjacent facilities not specifically
shown unless damaged during the construction process.
• Work shall not include excavation, re- grading, installation of drainage systems, shoring of unstable soil or
substructures.
• Work shall not include repair or upgrade of existing electrical, mechanical, or structural infrastructure.
• Work shall not include upgrades or modifications to existing non - compliant sites, structures or systems required
to meet governmentally mandated codes or specifications.
• Cost for pier depth beyond eight (8) feet shall be determined upon final design and is based upon prevailing soil
conditions, seismic and wind requirements, the presence of water, or undiscovered conditions such as
subsurface obstructions.
• Cost for Americans with Disabilities Act ADA accessibility upgrades to existing buildings or parking lots for path
of travel, if required, shall be calculated based upon final design.
• Remediation and /or removal of hazardous materials, hazardous wastes, or spoils Is not included in the scope of
work.
• California Environmental Quality Act CEQA]or other environmental studies, if required, shall be the responsibility
of the City.
• Public Hearings, if required, shall be the responsibility of the City.
• Access to the parking lots shall be blocked to public access during construction for safety.
• Maintenance and operations of the solar PV system, if requested by Customer, will be provided at additional
cost to be determined by the Parties.
• Right of Way at Stager Gym to be provided by the City.
Page 6 of 15 Attachment 2
Photovoltaic Project Layouts
Civic Center /Police Station
Fire Station 16
Page 7 of 15
Attachment 2
Fire Station 17
Fire Station 18
Page 8 of 15
Attachment 2
Senior Center
Page 9 of 15 Attachment 2
Shannon Community Center
Stager Community Gym
Page 10 of 15 Attachment 2
ECM 7: Install Irrigation Controllers:
Existing Equipment
Site
#
Site Name
Existing
Controller
#
WiredZones
Total
Controllers
1
Swim Center
Sentar II
22
1
2
Civic Center
Sentar II
68
3
3
Fire Station 16
Sentar II
7
1
4
Fire Station 17
DX2
25
1
5
Fire Station 18
DX2
24
1
6
Heritage Park & Museum
DX2
49
2
7
Library
DX2
52
2
8
Senior Center
DX2
34
1
9
Shannon Community Ctr
DX2
12
1
10
Bray Commons
DX2
66
2
11
Mape
DX2
29
1
12
Ted Fairfield
DX2
59
2
13
Emerald Glen
DX2
368
10
14
Stage Coach
RME
18
1
15
Kolb
Sentar II
30
1
Chevron ES shall provide all labor, materials, and supervision necessary to:
• Perform Site Investigations
• Review existing conditions and develop installation plan
• Equipment Installation
• Flow Sensor Master Valve Setup Confirmation and Learn Flows
• Confirmation All Flow Data Is Entered into the Central System
• Train City Irrigation Team on Equipment and Software
• All Irrigation controllers will be installed to code with appropriate wiring and grounding rods. Communication of
the controllers back to the central computer (or internet, if applicable) will be confirmed.
Site #
Site Name
Existing
Controller
# WiredZones
Total Controllers
1
Swim Center
Sentar II
22
1
2
Civic Center
Sentar II
68
3
3
Fire Station 16
Sentar II
7
1
All the DX2 controllers are already on the central system but are not being adjusted for ET. It appears all (or most) the
DX2 controllers also have Master Valves and Flow Sensors installed.
Scope:
Setup existing ET and Flow Sensing on three (3) DX2 controllers through existing Central Control.
Replace three (3) existing Sentar II controllers with new DX2 controllers and add them to the existing central system at
the following locations: Swim Center, Civic Center, Fire Station 16.
Optimize the system to control irrigation through central control.
Page 11 of 15 Attachment 2
Irrigation Optimization at the following sites:
• Community Center
• Fire Station 16
• Fire Station 17
• Fire Station 18
• Heritage Park
• Library
• Senior Center
• Bray Commons
• Mape
• Ted Farifield
• Emerald Green Pre - School
ECM 8: Water Fixture Replacements in City owned Buildings
Scope:
• Provide and install pint flush urinals
• Provide and install 1.5 gpm showerheads.
• Provide and install aerators in all the bathrooms, it is recommended to replace any aerator with a flow over
1.5gpm to a low -flow 0.5gpm aerator.
• Civic Center
Existing Device
Retrofit Device
QTY.
1.5 gpf small urinal
1.0 PINT small urinal
3
1.5 gpm sink aerators
0.5 gpm sink aerators
12
2.5 gpm shower heads
1.5 gpm shower heads
4
• Police Wing of Civic Center
Existing Device
Retrofit Device
QTY.
1.0 gpf LARGE /SM. URINAL
1.0 PINT LARGE /SM. URINAL
3
1.5 gpm sink aerators
0.5 gpm sink aerators
14
2.5 gpm shower heads
1.5 gpm shower heads
5
• Community Center
Existing Device
Retrofit Device
QTY.
1.0 gpf LARGE /SM. URINAL
.0 PINT LARGE /SM. URINAL
3
2.2 gpm sink aerators
0.5 gpm sink aerators
4
• Fire Station 16
Existing Device
Retrofit Device
QTY.
1.0 gpf LARGE /SM. URINAL
1.0 PINT LARGE /SM. URINAL
2
1.5 gpm sink aerators
0.5 gpm sink aerators
5
2.5 gpm shower heads
1.5 gpm shower heads
3
Page 12 of 15 Attachment 2
• Fire Station 17
Existing Device
Retrofit Device
QTY.
2.0 gpm sink aerators
0.5 gpm sink aerators
8
2.5 gpm shower heads
1.5 gpm shower heads
4
• Fire Station 18
Existing Device
Retrofit Device
QTY.
2.2 gpm sink aerators
0.5 gpm sink aerators
5
2.5 gpm shower heads
1.5 gpm shower heads
2
• Heritage Park Museum
Existing Device
Retrofit Device
QTY.
1.0 gpf LARGE /SM. URINAL
1.0 PINT LARGE /SM. URINAL
1
2.0 gpm sink aerators
0.5 gpm sink aerators
3
• Public Library
Existing Device
Retrofit Device
QTY.
1.0 gpf LARGE /SM. URINAL
1.0 PINT LARGE /SM. URINAL
3
2.2 GPM sink aerators
0.5 gpm sink aerators
4
• Senior Center
Existing Device
Retrofit Device
QTY.
1.0 gpf LARGE /SM. URINAL
1.0 PINT LARGE /SM. URINAL
2
2.2 gpm sink aerators
0.5 gpm sink aerators
4
Criteria for Achieving Beneficial Use:
CHILLER - Two weeks of uninterrupted supply of GPM flows within 10% of design values at a supply
temperature of 45 °F or lower. Uninterrupted operation is defined as: no involuntary shutdowns due to
mechanical difficulties. Flows shall be established by a test and balance report. Temperature performance
shall be established by EMS trend logs or by manual spot checks of a temperature gauge by a Chevron ES
employee.
ii) PUMP - Two weeks of uninterrupted supply of GPM flows within 10% of design values. Uninterrupted operation
is defined as: no involuntary shutdowns due to mechanical difficulties. Flows shall be established by a test and
balance report.
iii) MOTORS /VFDs /GENERATORS - Uninterrupted operation for a duration as necessary, with a maximum of 2
weeks, to determine proper operation.
iv) ENERGY MANAGEMENT SYSTEM - Two weeks of uninterrupted operation of controlled equipment while
providing reasonable comfort. Uninterrupted operation is defined as: no involuntary shutdowns due to control
problems. Reasonable comfort is defined as: maintaining occupied spaces controlled by the system within
+/- 4 degrees of setpoint. Comfort performance shall be established by EMS trend logs or by manual spot
checks of temperatures by a Chevron ES employee.
EXCLUSIONS
Page 13 of 15 Attachment 2
• Dewatering of piers
• Pier depth beyond 8 foot deep
• Piers requiring shoring /benching due to sandy soil
• Structural or seismic modifications to buildings, where code requirements have changed since installations
• Environmental Impact Reports
• EIR mitigations
• ADA accessibility upgrades to existing buildings, parking lots, or path of travel
• Upgrades to existing systems, where code requirements have changed
• Special Helicopter access
• Emergency ballasts
• Under cabinet linear fluorescent
• Existing occupancy sensors
• Faulty switch leg circuits
• Lighting circuit grounding
• Street light fuse
• Street light photo -cell receptacle
• Street light RP -8 light level for neighborhoods
• Repair or replacement of street light arm or pole
• Missing street light badge numbers
• Non -Cobra style decorative fixtures (LS2 -A) shall be retrofitted with Bridgelux LED module for cost, plus
mark -up
• Street lights not listed on BRIO street light inventory or above BRIO quantity shall be installed at cost, plus
mark -up
• Emerald Glen "Decorative" Post -top fixtures not included in scope.
• Overtime or weekend work
• DSA plan check fees
• DSA inspector costs
• Water hose bibs for washing the panels
• Decorative fascia along the perimeter of the panels or any decorative covering underneath the panels
• Repair or replacement of existing housekeeping pads, concrete pads, or base repair of existing walkway
lighting, except as noted
• Painting, unless specified
• Smoke detectors and fire alarm system work
Additional clarifications:
• Removal and disposal of hazardous materials, including asbestos containing materials, to be by the
Customer (except as noted above). If Chevron ES encounters material suspected to be hazardous,
Chevron ES will notify the Customer representative and stop further work in this area until the material is
removed.
• Chevron ES shall require the cooperation of Customer personnel to secure the area and to provide traffic
redirection during rigging operations and during the move -in and move -out of large equipment.
• No allowance has been made for structural upgrades to existing structures, except as noted.
• No allowance has been made for screening of new or existing equipment, unless specifically noted above.
• No temporary heating or cooling services have been included in the pricing. Chevron ES will attempt to
phase the construction in such a way as to avoid any complete interruptions of service.
• Chevron ES standard construction means & methods will be used.
• Customer will provide access to the facilities, laydown areas at the work sites, and a reasonable number of
parking spaces for Chevron ES and Chevron ES's subcontractor vehicles in parking lots at the respective
Facilities.
• All work will be performed during normal work hours; no overtime hours are included in this proposal unless
otherwise stated. The lighting retrofit work will be performed so as not to unreasonably interfere with the
building schedule.
Page 14 of 15 Attachment 2
• The Scope of Work assumes that, unless specifically identified otherwise, all existing systems are
functioning properly and are up to current codes. Chevron ES shall not be responsible for repairs or
upgrades to existing systems, other than those specifically identified herein. No allowances have been
made to bring existing systems up to code.
• No allowance has been made to repair or replace damaged or inoperable existing equipment that is not
specifically being replaced under the Scope of Work. When such items are discovered, Chevron ES will
immediately notify the Customer representative.
• No allowance has been made for underground obstructions or unsuitable soil conditions encountered
during trenching or other excavation.
• The PV shade structure is not weather tight and will not provide shelter from rain.
• Chevron ES has assumed project construction will be allowed to proceed smoothly and in a continuous
flow. No allowance has been made to demobilize and remobilize resources due to schedule interruptions.
• Temporary utilities to be provided by Customer at no cost (trailer power, phone lines, construction power,
etc.).
Page 15 of 15 Attachment 2
CITY OF DUBLIN ENERGY ACTION PLAN
(June 19, 2012)
SUMMARY MAJOR COMPONENT COSTS / FINANCING
Construction
Costs To Be
Financed By
Lease
Street Liahts - (Excludes
Decorative Fixtures)
Citywide Street Light Assessment $1,811,553
District (1983 -1)
Eastern Dublin St Light Assessment $157,527
District (1999 -1)
Sub -Total Street Lights $1,969,080
GENERAL FUND / ISF $5,461,896
COMPONENTS ( *See Details)
Less Portion Funded From ISF ($407,707)
Reserves
$5,054,189
TOTAL $7,023,269
15 Yr
Less: PGE
Financed
Financing
& Energy
Cost Net of
Costs
Incentives
Incentives
$2,235,299 ($232,645) $2,002,654
$171,946 ($20,230) $151,716
$2,407,245 ($252,875) $2,154,370
$6,190,060 ($471,519) $5,718,541
$8,597,305 ($724,394) $7,872,911
Senior Center
*DETAIL - GENERAL FUND COMPONENTS (Financed With Lease Financina)
Shannon Center
$695,680
Heritage Park & Museum
Lighting
Stager Community Gym
Solar
Building
Pool Pump
Pool
Landscape
Firestation 18
Location / Facility
Sub -Total General Fund
Photovoltaic
HVAC
Control
Filtration
Irrigation
TOTAL
Senior Center
$44,486
$2,117
Shannon Center
$3,145
Controls
Civic Center
$1,547,253
$474,839
$21,619
Firestation 16
Library
$904,927
$186,004
$20,807
$1,633
Dublin Swim Center
$16,990
$35,521
$415,862 $14,711
$382,528
Senior Center
$140,451
Shannon Center
$695,680
Heritage Park & Museum
Lighting
Stager Community Gym
$164,344
Firestation 16
$79,263
Firestation 17
$224,960
Firestation 18
$135,024
Sub -Total General Fund
$3,891,902
$13,731
$660,843 $35,521 $415,862 $50,0611 $5,054,189
*DETAIL - Internal Service Fund (Proposed to be financed with ISF Reserves
TOTAL - NON - STREET LIGHTS $5,461,896
TOTAL - STREET LIGHTS $1,969,080
GRAND TOTAL $7,430,976
Building
Building
Location / Facility
Lighting
Water
Upgrade
Fixtures
Civic Center
$230,838
$9,967
Library
$49,351
$3,145
Dublin Swim Center
Senior Center
$44,486
$2,117
Shannon Center
$3,145
Heritage Park & Museum
$1,074
Stager Community Gym
Firestation 16
$20,056
$3,266
Firestation 17
$20,807
$1,633
Firestation 18
$16,990
$832
Sub -Total Internal Service Fund
$382,528
$25,179
TOTAL - NON - STREET LIGHTS $5,461,896
TOTAL - STREET LIGHTS $1,969,080
GRAND TOTAL $7,430,976
DRAFT DATED June 13, 2012
This ENERGY SERVICES CONTRACT (this "Contract ") is made and entered into as of • by and between
Chevron Energy Solutions Company, a Division of Chevron U.S.A. Inc., a Pennsylvania corporation ( "Chevron
ES "), and The City of Dublin, California (the "City" or the "Customer" and together with Chevron ES the "Parties"
and each of Customer and Chevron ES a "Party ").
CONTRACT RECITALS
WHEREAS, Customer owns and /or operates certain public facilities specifically described in Attachment C
(the "Facilities ") and Customer wishes to reduce the Facilities' energy consumption and costs and improve the
Facilities' energy quality and reliability; and
WHEREAS, Chevron ES is a full- service energy services company with the technical capabilities to provide
services to the Customer including, but not limited to, identifying supply -side and /or demand -side energy
conservation measures ( "ECMs "), engineering, procurement, construction management, installation, construction and
training; and
WHEREAS, Customer executed a Consulting Services Agreement with Chevron ES to perform a
comprehensive energy analysis and present the Customer with a report (the "Report ") and a recommended energy
action plan to implement certain ECMs; and
WHEREAS, in the Report, Chevron ES identified potential energy and operational savings opportunities at
the Customer's Facilities and estimated program costs to implement the recommended ECMs and presented an
overall potential energy cost and consumption savings for implementing the ECM recommendations; and
WHEREAS, Customer's staff accepted the recommended ECMs and has determined that the anticipated
cost to Customer to implement the recommended ECMs will be less than the anticipated cost to the Customer for
thermal, electrical, and other energy, together with anticipated operational, maintenance and other costs, that would
have been consumed by Customer in the absence of the recommended ECMs in compliance with California
Government Code § §4217.10 through 4217.18; and
WHEREAS, pursuant to California Government Code §4217.12 the City held a regularly scheduled public
hearing on June 19, 2012, of which two weeks advance public notice was given regarding this Contract and its
subject matter, and
WHEREAS, based upon the foregoing findings and public hearing, the City has determined that entering into
an energy services contract to implement the ECM recommendations is in the best interests of the Customer and that
California Government Code §4217.10 et seq. allows the Customer to enter into this Contract with Chevron ES to
implement the ECMs and other measures recommended in the Report; and
WHEREAS, the City, by adoption of Resolution No. • at its City Council meeting of June 19, 2012, approved
this Contract by and between Chevron ES and the Customer and authorized the City Manager to execute this
Contract on behalf of the Customer.
NOW, THEREFORE, the Customer and Chevron ES hereby agree as follows:
ARTICLE 1. DEFINITIONS
For purposes of this Contract and its Attachments, the defined terms herein shall have the meaning set forth
as follows:
"Abnormally Severe Weather Conditions" means typhoons, hurricanes, tornadoes, lightning storms and other
climatic and weather conditions that are abnormally severe for the period of time when, and the area where, such
1899451.5 Rev. Date: 6/13/12 Page 1 of 60
Energy Services Contract
The City of Dublin and Chevron Energy Solutions Company
storms or conditions occur, in each case occurring at a property, the access roads to a property, or any other
location where Work is then being performed. For the avoidance of doubt, the term "Abnormally Severe Weather
Conditions" specifically includes rain, snow or sleet in excess of one hundred fifty percent (150 %) of the median
level over the preceding ten (10) year period for the local geographic area and time of year in which such rain,
snow or sleet accumulates.
"Accumulated Savings" means, as of any date of determination, the cumulative total of Excess Savings.
"Act" is defined in ARTICLE 16.
"Actual Energy Rate" means, for any Measurement Period, utility rates calculated by Chevron ES using actual
utility billing information supplied by the Customer for that Measurement Period.
"Affiliate" means any Person that directly or indirectly through one or more intermediaries, controls or is
controlled by or is under common control with the Person specified. For purposes of this definition, control of a
Person means the power, direct or indirect, to direct or cause the direction of the management and policies of
such Person whether by contract or otherwise, and ownership of fifty percent (50 %) or more of the voting
securities of another Person shall create a rebuttable presumption that such Person controls such other Person..
"Annual Guarantee Fee" means a fee payable annually in advance by the Customer to Chevron ES. The
Annual Guarantee Fee for the first Measurement Period shall be $[0]. The Annual Guarantee Fee shall be
increased annually thereafter at the rate of [0] percent ([0] %) per annum, each increase to be effective on the
first day of the corresponding Measurement Period.
"Annual Maintenance Fee" means a fee payable annually in advance by the Customer to Chevron ES. The
Annual Maintenance Fee for the first Measurement Period shall be $[0]. The Annual Maintenance Fee shall be
increased annually thereafter at the rate of [0] percent ([0] %) per annum, each increase to be effective on the
first day of the corresponding Measurement Period.
"Applicable Law" means any statute, law, treaty, building codes, rule, regulation, ordinance, code, enactment,
injunction, writ, order, decision, authorization, judgment, decree, protocol, procedure or other legal or regulatory
determination or restriction by a court or Governmental Authority or competent jurisdiction, as may be in effect at
the time the Work is undertaken.
"Applicable Permits" means all permits, waivers, authorizations, or licenses issued or required to be issued by
any Governmental Authority in connection with the Work.
"ARRA" is defined in ARTICLE 15.
"Assessment Work" means work required to assess the effect on EC Savings for any significant changes to the
Facilities (including, but not limited to, building additions, new buildings, and new or changed HVAC equipment).
"Attachment" means the following attachments to this Contract, each of which is an "Attachment:"
Attachment A
Form of Performance Bond
Attachment B
Form of Payment Bond
Attachment C
Customer's Facilities & Existing Equipment
Attachment D
Scope of Work
Attachment E
Project Schedule
Attachment F
Progress Payment Schedule
Attachment G
Standards of Occupancy and Control
Attachment H
Energy Savings Measurement & Verification Plan
Attachment I
List of Incentives
Attachment J
Monitoring Installation Scope of Work
Attachment K
Preventive Maintenance Services
"Average Energy Unit Savings" means, with respect to any number of consecutive Measurement Periods, the
arithmetic mean of the Energy Unit Savings determined in the manner set forth in Attachment H, for such number
of Measurement Periods.
"Base Energy Rate" means the dollars per energy unit for each building and /or each ECM, set forth in the
Savings Measurement and Verification Plan and used by Chevron ES to calculate the EC Savings.
1899451.5 Rev. Date: 6/13/12 Page 2 of 60
Energy Services Contract
The City of Dublin and Chevron Energy Solutions Company
"Baseline" means the energy use established by Chevron ES from time to time for each building in the Facilities,
taking into consideration Energy Use Factors for such buildings.
"Beneficial Use" means when major new equipment and systems included in the Scope of Work are properly
installed, inspected, operational, and are being used for their intended purpose. A Certificate of Beneficial Use,
which identifies when Customer took Beneficial Use of the Work, shall be prepared and issued by Chevron ES to
the Customer and subcontractor. Beneficial Use of equipment/systems criteria shall be established as defined in
Attachment D.
"Business Day" means any calendar day other than a Saturday, a Sunday or a calendar day on which banking
institutions in San Francisco, California, are authorized or obligated by law or executive order to be closed.
"CEQA" means the California Environmental Quality Act, codified at California Public Resource Code § 21000 et
seq., and the applicable state and local guidelines promulgated thereunder.
"Change" means any addition to, deletion from, suspension of, or other modification to the quality, function, or
intent of the Work, including without limitation any such addition, deletion, suspension, or other modification that
effects a change in the Scope of Work.
"Change in Law" means any of the following events or circumstances occurring after the Contract Effective
Date: (i) an amendment, modification, interpretation, construction, enforcement standard, supplement or other
change in or repeal of an existing Applicable Law; or (ii) an enactment or making of a new Applicable Law
(excluding a change in any income or franchise tax law, worker's compensation, payroll or withholding tax law).
"Change Order" means a written document, signed by both Chevron ES and the Customer, authorizing Chevron
ES to perform a Change. The Change Order shall modify the Scope of Work and shall identify: (i) the applicable
Change; (ii) any additional compensation to be paid to Chevron ES to perform such Change; and (iii) any
extensions of time to the Project Schedule.
"Chevron ES" is defined in the Preamble.
"Chevron ES Warranty Period" is defined in ARTICLE 9.
"Claims" means any and all actions, claims, losses, damages, expenses, or liabilities of either Party arising from
or as a result of this Contract, any addenda to this Contract, and /or Change Orders.
"Constructed Improvement" means any portion of the Work that is the subject of a single permit issued by the
City and that is complete and ready for Beneficial Use by the Customer.
"Construction" means any Work to be performed that involves any and all construction, alteration, repair,
installation or removal of equipment, addition to, subtraction from, improving, moving, wrecking or demolishing
any building, parking facility, excavation, or other structure or improvement, or any part thereof.
"Construction Documents" means the final designs, drawings, and specifications that are used for
Construction, and any Change Orders affecting those documents, that describe the technical requirements for
the installation of all the materials and equipment pursuant to this Contract and its Attachments.
"Construction Period" means the period beginning with the first day of the month in which equipment is first
installed at the Facilities and continuing until the M &V Commencement Date.
"Contract" is defined in the Preamble, and includes all Attachments hereto (all of which are incorporated herein),
as well as all amendments, restatements, supplements and other modifications hereto.
"Contract Amount" means [describe amount in words] ($[0]), exclusive of the Annual Guarantee Fee and the
Annual Maintenance Fee.
"Contract Bonds" is defined in Section 11.04.
"Contract Effective Date" means the date this Contract is fully executed and is in full force and effect.
"Customer" is defined in the Preamble.
"Delay" means any circumstances involving delay, disruption, hindrance or interference affecting the time of
performance of the Work.
"Dispute" is defined in Error! Reference source not found..
"DOE Guidelines" is defined in Section 14.01.
"DSA" means the California Division of State Architect.
1899451.5 Rev. Date: 6/13/12 Page 3 of 60
Energy Services Contract
The City of Dublin and Chevron Energy Solutions Company
"EC Savings" means the savings in units of dollars ($) calculated by Chevron ES in the manner set forth in the
Savings Measurement and Verification Plan, achieved through the reduction in consumption or demand through
implementation of the Work.
"ECM" is defined in the Recitals.
"EMS" means an energy management system.
"Energy Delivery Point" means, for each Generating Facility, the point at which Utility meter energy is being
delivered, as designated in the Interconnection Agreement.
"Energy Rate Factors" means factors identified by Chevron ES which may affect utility rates from the local utility
companies.
[ "Energy Rate Reduction Rate" means dollars saved per applicable unit of energy, power, water, or other utility
or commodity, calculated by Chevron ES in the manner set forth in the Savings Measurement and Verification
Plan, which will not be escalated for purposes of calculating Energy Rate Reduction Savings.]
[ "Energy Rate Reduction Savings" means, for any Measurement Period, those savings, having units of dollars
($), achieved for such Measurement Period by any combination of (i) improving the utility rate from the local
utility company, (ii) direct purchase of a commodity, or (iii) bulk purchase of a commodity.]
"Energy Savings Report" is defined in Section 22.04.
"Energy Savings Term" means the period beginning on the first day of the Construction Period and ending on
the earlier of: (i) the day immediately preceding the [Oth (Oth)] anniversary of the M &V Commencement Date;
(ii) the termination of this Contract; (iii) the termination by the Customer of the Savings Guarantee in accordance
with Section 22.07; or (iv) the failure by the Customer to pay the Annual Guarantee Fee in accordance with
Section 22.08(a).
"Energy Unit Savings" means the savings in units of energy, power, water, etc., calculated by Chevron ES in
the manner set forth in the Savings Measurement and Verification Plan, achieved through the reduction in
consumption or demand through implementation of the Work.
"Energy Use Factors" means factors identified by Chevron ES which may affect the Baselines or energy use for
the Facilities, including but not limited to: hours and levels of occupancy; adjustments in labor force; building use
and operational procedures; temperature, humidification, and ventilation levels; installed lighting and scheduled
use; building construction and size; general level of repair and efficiency of heating and air conditioning
equipment and other energy -using equipment; and amount of heating and air conditioning and other energy -
using equipment.
"Energy Use Savings" means, for any Measurement Period, those savings, having units of dollars ($), achieved
for such Measurement Period through reductions in energy use, energy demand, water use, and the use of other
commodities.
"Event of Default" is defined in ARTICLE 12.
"Excess Savings" means the excess of EC Savings over Guaranteed Savings, calculated in the manner set
forth in Section 22.09(d).
"Excusable Delay" means (i) any act or failure to act of, or other Delay caused by, or negligence of, Customer or
its agents, employees subcontractors or other Persons for whom Customer is responsible (expressly excluding,
however, Chevron ES when acting as agent or subcontractor under this Contract, whether in its individual
capacity or as contractor); (ii) the failure to obtain, or delay in obtaining, any Interconnection Agreement,
Applicable Permit, or approval of a Governmental Authority (including due to failure to make timely inspection), or
Delays caused by Changes and /or modifications to the Scope of Work required by any Governmental Authority,
other than a failure caused by the action or inaction of Chevron ES; (iii) changes in the design, scope or
schedule of the Work required by any Governmental Authority or Customer; (iv) suspension of Work in whole or
in part by Customer; (v) unforeseen site conditions, including discovery or existence of Hazardous Substances;
(vi) the occurrence of an event of Force Majeure; (vii) the failure to obtain, or delay in obtaining, DSA approval for
design and installation of any portion of the Work (if such approval is required by law), including any further or
subsequent approval required with respect to any Change, other than a failure caused by the action or inaction of
Chevron ES; (viii) any breach of this Contract by Customer or any breach of any Interconnection Agreement; (ix)
damage to any equipment or other item of Work caused by the act or omission of Customer, any of its agents or
employees, or any other Person for whom Customer is responsible; (x) information provided to Chevron ES by
Customer or Utility is later found to be inaccurate or incomplete; (xi) any Change in Law; (xii) Delay caused by
pending mediation; or (xiii) any other cause outside Chevron ES's control.
1899451.5 Rev. Date: 6/13/12 Page 4 of 60
Energy Services Contract
The City of Dublin and Chevron Energy Solutions Company
"Facilities" is defined in the Recitals.
"Final Completion" means when 100% of the engineering and construction Work as identified in the Scope of
Work has been completed, including completion of all required training, and delivery to the Customer of the final
documentation (as -built drawings, O &M Manuals, and warranty documentation). Administrative closeout by the
DSA is not a condition to achieving Final Completion. A certificate of Final Completion may be executed for an
individual subcontract, a specific building, a site, or a portion of the Work. A certificate of Final Completion will
be executed at the Final Completion of the entire Work.
"Force Majeure" means acts or events that are beyond the reasonable control of the affected Party and not
caused by the negligence or fault of the Party affecting, including but not limited to any of the following: (i) acts of
God; (ii) acts of the public enemy or terrorist acts; (iii) relocation or construction of transmission facilities or the
shutdown of such facilities for the purpose of necessary repairs; (iv) work by local Utility; (v) flood, earthquake,
tornado, storm, fire, explosions, lightning, landslide or similar cataclysmic occurrence; (vi) sabotage, vandalism,
riots or civil disobedience; (vii) labor disputes or strikes; (viii) labor or material shortages, delay in manufacturing
and deliveries of equipment (if such delay is caused by an event that would otherwise constitute Force Majeure);
(ix) restraint by court order or public authority (whether valid or invalid); (x) inability to obtain or keep in force any
Applicable Permit; (xi) Abnormally Severe Weather Conditions; (xii) an annual level of direct beam solar resource
availability that is less than or equal to 90% of historical averages as measured by long -term weather data
(minimum 5 years) collected at the applicable Facility and /or other reliable calibrated and appropriate weather
station representative of such Facility; (xiii) requirement by Utility that any Generating Facility discontinue
operation for any reason; (xiv) appropriation or diversion of electricity by sale or order of any Governmental
Authority; (xv) any other action by any Governmental Authority which prevents or inhibits the Parties from
carrying out their respective obligations under this Contract (including an unstayed order of a court or
administrative agency having the effect of subjecting the sales of energy output to federal or state regulation of
prices and /or services); or (xvi) any Utility power outage at any Facility.
[ "Fuel Switch Rate" means dollars saved per unit of new fuel used, which will not be escalated for purposes of
calculating Fuel Switch Savings, and will be calculated by Chevron ES in the manner set forth in the Savings
Measurement and Verification Plan.]
[ "Fuel Switch Savings" means, for any Measurement Period, those savings, having units of dollars ($),
achieved for such Measurement Period on a cost per unit of energy basis by switching to a more economical
source of energy.]
"Generating Facility" means each of [0] photovoltaic, solar powered generating facilities located at the following
sites: [0], and includes all associated photovoltaic panels, mounting assemblies, inverters, converters, metering,
lighting fixtures, transformers, ballasts, disconnects, combiners, switches, wires and other equipment that may
be necessary to connect such solar power plant to the applicable Energy Delivery Point.
"Governmental Authority" means any federal, state, regional, town, county, city, municipal or local government
agency, department or regulatory body having jurisdiction under Applicable Law over the matter in question.
"Greenhouse Gas" is defined in Section 14.01.
"Guarantee Payment" means, for any Measurement Period, either: (i) a cash payment by Chevron ES to the
Customer in an amount equal to the Guarantee Shortfall for that Measurement Period pursuant to Section
22.01(b); or (ii) additional energy services or energy saving retrofits requested by the Customer with an agreed
value equal to the Guarantee Shortfall for that Measurement Period pursuant to Section 22.01(c).
"Guarantee Shortfall" means an amount calculated in accordance with Section 22.09(e).
"Guaranteed Savings" means, for any Measurement Period, the dollar amount set forth below for such
Measurement Period, as the same may be adjusted from time to time Chevron ES for changes in Energy Rate
Factors, Energy Use Factors and consequential revisions to the relevant Baseline:
Measurement Period
Guaranteed Savings
1
$•
2
$•
3
$•
4
$•
5
$•
6
$•
7
$•
8
$•
9
$•
1899451.5 Rev. Date: 6/13/12 Page 5 of 60
Energy Services Contract
The City of Dublin and Chevron Energy Solutions Company
10 1 $•
"Hazardous Substances" means (i) any hazardous, toxic, or dangerous wastes, substances, chemicals,
constituents, contaminants, pollutants, and materials and any other carcinogenic, liquids, corrosive, ignitable,
radioactive, reactive, toxic, or otherwise hazardous substances or mixtures (whether solids, liquids, gases) now
or at any time subject to regulation, control, remediation, or otherwise addressed under Applicable Laws; (ii) any
"hazardous substance" as defined by the Resource, Conservation and Recovery Act of 1976 (42 U.S.C. §6901 et
seq.), as amended, and regulations promulgated thereunder; (iii) any "hazardous, toxic or dangerous waste,
substance or material" specifically defined as such in 42 U.S.C. §9601 et seq.), as amended and regulations
promulgated thereunder; and (iv) any hazardous, toxic or dangerous waste, substance, or material as defined in
any so- called "superfund" or "superlien" law.
"Incentive Funds" is defined in Section 8.07.
"Installation" means the setting up, construction, and placement of any equipment or materials in the manner it
will be operated, in accordance with the Scope of Work and in accordance with all Applicable Laws.
"Interconnection Agreement" means the Interconnection Agreement to be entered into between the Customer
and the Utility with respect to the Generating Facilities.
"Interconnection Facilities" is defined in Section 21.02.
"Interest" shall mean interest calculated at the lesser of (i) the prime rate plus two percent (2 %) or (ii) the
maximum rate permitted by Applicable Law. The "prime rate" shall be "Prime Rate" of interest per annum for
domestic banks as published in The Wall Street Journal in the "Money Rates" section, or if such rate ceases to
be published in The Wall Street Journal or The Wall Street Journal ceases publication, such other rate as agreed
by the Parties.
"IPMVP" means the International Performance Measurement and Verification Protocol prepared by Efficiency
Valuation Organization.
"Losses" is defined in Section 11.01.
"M &V Commencement Date" means the first day of the month immediately following the later of (i) Chevron
ES's receipt of the fully signed certificate of Final Completion, and (ii) Chevron ES's receipt of the full Contract
Amount.
"Material Changed Condition" means any of the following conditions that impact the Project Schedule and /or
the Contract Amount: (i) delays in the Project Schedule caused by parties outside the control of Chevron ES; (ii)
the discovery of differing and unexpected site conditions not previously disclosed by Customer that could not
have been readily discoverable by Chevron ES prior to the start of Work; (iii) the discovery of Hazardous
Substances not previously disclosed by Customer; (iv) Abnormally Severe Weather Conditions; and (v) delay in
equipment and material deliveries outside Chevron ES's control.
"Measurement Period" means each one -year period following the M &V Commencement Date.
"NEC" means the National Electric Code.
"Notice to Proceed" is defined in Section 2.04.
"Party" and "Parties" are defined in the Preamble.
"Person" means any natural person, corporation, general partnership, limited partnership, limited liability
company, proprietorship, other business organization, trust, union, association or Governmental Authority.
"PM Services" is defined in Attachment K.
"Project" means the entirety of Work to be performed by Chevron ES pursuant to the Scope of Work, and any
Change Orders.
"Project Location" means that area or areas where the Project materials and equipment and any other energy
related equipment as described in the Scope of Work shall be performed and /or installed.
"Project Schedule" is defined in Section 2.04.
"Project Manager" is defined in Section 2.04.
"Projected Energy Savings" means those Energy Unit Savings, [Fuel Switch Savings and Energy Rate
Reduction Savings] which Chevron ES anticipates will be realized from the installation and continued operation
of the Work, as set forth in the Savings Measurement and Verification Plan.
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Energy Services Contract
The City of Dublin and Chevron Energy Solutions Company
"Report" is defined in the Recitals.
"Request for Payment" means a monthly progress payment as described in Section 8.01 or an invoice for
materials stored off -site as described in Section 8.02.
"Retainage" is defined in Section 8.02.
"Retained Items" is defined in Section 10.02.
"Savings Measurement and Verification Plan" means the methodologies and calculations set forth in
Attachment H, which provides for the quantification of Energy Unit Savings, [Fuel Switch Savings and Energy
Rate Reduction Savings] .
"Scope of Work" means the Work set forth in Attachment D, as modified by any Change Order.
"Stipulated Non - Energy Savings" means, for any Measurement Period, those savings, having units of dollars
($), achieved for such Measurement Period through reductions in non - energy costs due to the implementation of
the Work. Stipulated Non - Energy Savings shall be stipulated by the Parties and set forth in the Savings
Measurement and Verification Plan.
"Substantial Completion" means the stage in the progress of the Work or portion of the Work, where the Work
or portion of the Work is sufficiently complete in accordance with this Contract so that Customer can utilize and
take beneficial use of the Work for its intended use or purpose. A Certificate of Substantial Completion may be
executed for an individual subcontract, a specific building, a portion of the Work, or the entire Work.
"Surety" means the surety supplying the Contract Bonds, which shall be an "admitted surety insurer," as defined
by California Code of Civil Procedure §995.120, authorized to do business in the State of California, and
reasonably satisfactory to Customer.
"Time" means the time period within which Chevron ES shall complete the Work in accordance with the Project
Schedule.
"Utility" is defined in Section 21.02.
"Work" means the Work to be done by Chevron ES pursuant to the Scope of Work, subject to any Change
Orders, and includes all Design and Engineering Work and Construction Work set forth in Attachment D.
ARTICLE 2. TERM; PERFORMANCE OF THE WORK
Section 2.01 Contract Term. The term of this Contract shall commence on the date hereof and end on
the last day of the Energy Savings Term, unless terminated early as provided in this Contract.
Section 2.02 Performance of Work. All the Work to be performed hereunder will be provided in
accordance with the terms of this Contract.
Section 2.03 Scope of Work. The Scope of Work shall not exceed that set forth in Attachment D except
pursuant to a Change Order.
Section 2.04 Protect Schedule / Notice to Proceed. The preliminary project schedule is presented in
Attachment E ( "Protect Schedule "). Within ten (10) calendar days after the authorized execution of this Agreement by
Customer, Customer will issue to Chevron ES a written Notice to Proceed ( "Notice to Proceed "). If the Customer fails
to issue the Notice to Proceed within ten (10) calendar days after said execution of this Agreement by Customer or
such additional time as mutually agreed to in writing pursuant to Section 2.07, the Parties agree that the Notice to
Proceed shall be deemed to have been issued on the tenth (10th) calendar day after execution of this Agreement by
Customer. Chevron ES shall begin Work within thirty (30) calendar days of Chevron ES's receipt of the Notice to
Proceed. Customer may, at its sole discretion, elect to retain a Project Manager (the "Project Manager ") to represent
Customer and manage Customer's interests in the project outcomes as defined in the Scope of Work. In the event
that a Project Manager is so retained, the Project Manager shall be the Customer's authorized representative for
administration and overall management of the Work, and all correspondence and /or instructions concerning the
Project between Chevron ES and the Customer shall be forwarded through the Project Manager. The Project
Manager will have the authority to reject materials and /or workmanship that do not conform to the requirements of the
Contract. The Project Manager will also have the authority to require inspection or testing of the Work. The Project
Manager shall have access to any and all worksites, value engineering proposals, staging and access plans, work
schedules, etc., as well as the right to review and approve substitution requests, Upon issuance of the Notice to
Proceed, if Customer informs Chevron ES that it intends to hire a project manager to supervise the Work, Chevron
ES may only begin working on the project engineering up to 90% permit set. The final 10% permit set and
construction on the project shall not commence until the services of the Project Manager have been retained and said
1899451.5 Rev. Date: 6/13/12 Page 7 of 60
Energy Services Contract
The City of Dublin and Chevron Energy Solutions Company
Project Manager has had a reasonable amount of time to review the permit set and become familiar with the Work
(not to exceed [45] days after the issuance of the Notice to Proceed).
Section 2.05 Customer's Energy and Operational Records and Data. Within ten (10) Business Days
after the date hereof, Customer shall provide Chevron ES with its Energy Usage Data (as defined below) for the
twelve (12) months preceding the date hereof, and shall make commercially reasonable efforts to provide the Energy
Usage Data for the thirty -six (36) months preceding the date hereof. Energy Usage Data shall mean all of the
Customer's records and complete data requested by Chevron ES concerning, without limitation, energy usage,
energy - related maintenance, and other related costs for the Facilities, and including without limitation 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 Facilities;
applicable building drawings, specifications, existing AutoCAD files, O &M manuals, and as- builts; bills and records
relating to operation and maintenance of systems and equipment within the Facilities, and a description of operation
and management procedures presently utilized to the extent that such records and data are available. Customer
agrees that Chevron ES may rely on the foregoing data as being reasonably accurate in all respects. If requested,
Customer shall also provide any prior energy audits of the Facilities, and copies of Customer's financial statements
and records related to energy usage and operational costs for said time period at the Facilities, and shall authorize its
agents and employees to provide and freely discuss such records and to make themselves available for consultations
and discussions with authorized representatives, employees, subcontractors, and agents of Chevron ES.
Section 2.06 Additional Work. Customer shall reasonably cooperate in obtaining any necessary
approvals in accordance with California Government Code § §4217.10 through 4217.18. If Chevron ES determines
that a Change Order is subject to the requirements of California Government Code §4217, Customer shall reasonably
cooperate in obtaining any necessary approvals in accordance with California Government Code § §4217.10 through
4217.18.
Section 2.07 Finance Contingency. It is hereby agreed by Chevron ES and the Customer that this
Contract, and any obligations of the Customer hereunder, are expressly contingent upon the ability of the Customer
to secure financing for the payments to be made by Customer hereunder, including payments for the cost of the Work
to be performed by Chevron ES, upon terms acceptable to the Customer. Upon execution of this Contract, and
determination of such payments and costs, the Customer shall have thirty (30) calendar days to obtain such
financing. If financing is not secured by the Customer within such period, for any reason, this Contract shall be null
and void unless the Parties mutually agree in writing to extend such financing period. It is acknowledged and agreed
that Chevron ES will not commence performance of the Work unless and until financing has been secured.
ARTICLE 3. PROJECT IMPLEMENTATION - GENERAL
Section 3.01 Permits and Approvals. Customer will cooperate fully with and assist Chevron ES in
obtaining all Applicable Permits required under this Contract. Chevron ES is responsible for obtaining permits and
approvals, required for the building, installation, and start -up of the Work hereunder which are required as of the
Contract Effective Date. The Customer shall be responsible for making its best efforts to obtain any other permits or
approvals that may be required, including annual operating permits and any approvals or exemptions required by
CEQA, as applicable.
Section 3.02 Coordination During Installation. Customer and Chevron ES shall make commercially
reasonable efforts to coordinate the activities of Chevron ES and Chevron ES's subcontractors and suppliers with
those of Customer, its employees, and agents.
Section 3.03 Protect Meetings /Status Updates. During the Design and Construction Phases of the
Project, Chevron ES will meet with Customer to review equipment, scope of work, and installation plans that relate to
the design and construction of the Project. Also during the course of the Work, Chevron ES will periodically provide
reports to the Customer of the general status and progress of the Work.
Section 3.04 Protect Location Access. Customer hereby grants to Chevron ES, without cost to Chevron
ES, all rights of ingress and egress at the Project Location identified in the Scope of Work, necessary for Chevron ES
to perform all Work and provide all services contemplated by this Contract and the Scope of Work. Chevron ES shall
provide twenty- four -hour advance notice to Customer for access to any Customer Facilities.
Section 3.05 Protect Schedule. The Project Schedule, attached hereto as Attachment E, is a
preliminary, estimated Project Schedule. During the course of Project implementation, both the Customer and
Chevron ES shall perform their respective obligations in an expeditious manner that is consistent with reasonable skill
and care for the type of Project described in the Scope of Work and in keeping with the orderly progress of the Work
pursuant to the Scope of Work. The estimated Project Schedule will be finalized during the completion of the
Construction Documents, provided that such final Project Schedule will be subject to amendment and revision to take
1899451.5 Rev. Date: 6/13/12 Page 8 of 60
Energy Services Contract
The City of Dublin and Chevron Energy Solutions Company
into account any Excusable Delays. Subject to any such Excusable Delays, Chevron ES and its subcontractors shall
work diligently to implement the Project in accordance with the Project Schedule and Chevron ES shall notify
Customer regarding any and all revisions to the Project Schedule necessitated by such Delay.
Section 3.06 Consents; Cooperation. Whenever a Party's consent, approval, satisfaction, or
determination shall be required or permitted under this Contract, and this Contract does not expressly state that the
Party may act in its sole discretion, such consent, approval, satisfaction, or determination shall not be unreasonably
withheld, qualified, conditioned, or delayed, whether or not such a "reasonableness" standard is expressly stated in
this Contract. Whenever a Party's cooperation is required for the other Party to carry out its obligations hereunder,
each Party agrees that it shall act in good faith and reasonably in so cooperating with the other Party or its
designated representatives or assignees or subcontractors. Each Party shall furnish decisions, information, and
approvals required by this Contract in a timely manner so as not to delay the other Party's performance under this
Contract.
Section 3.07 Independent Contractor. The Parties hereto agree that Chevron ES, and any agents and
employees of Chevron ES, its subcontractors and /or consultants, in the performance of this Contract, shall act in an
independent capacity and not as officers, employees, or agents of Customer.
ARTICLE 4. FINAL DESIGN PHASE — CONSTRUCTION DOCUMENTS /
EQUIPMENT PROCUREMENT
Section 4.01 General Provisions.
(a) As soon as possible after the Contract Effective Date, Chevron ES will proceed with the preparation
of any necessary designs, drawings, and specifications related to the Scope of Work.
(b) Upon the issuance of the Notice to Proceed and upon completion of the design phase, Chevron ES
shall order the equipment identified in the Scope of Work, and any other necessary materials and
supplies in order to meet the Project Schedule.
(c) Customer shall designate a single -point representative with whom Chevron ES shall consult on a
reasonable, regular basis and who is authorized to act on Customer's behalf with respect to the
Project design. Customer's representative shall render decisions in a timely manner with regard to
any documents submitted by Chevron ES and to other requests made by Chevron ES in order to
avoid unreasonable delay in the orderly and sequential progress of Chevron ES's design services.
(d) Within ten (10) Business Days of Chevron ES's request, Customer shall:
(i) furnish all surveys or other information in Customer's possession that describe the
physical characteristics, legal limitations, and utility locations in and around the Project
Location;
(ii) disclose any prior environmental review documentation and all known information in its
possession concerning subsurface conditions, including without limitation the existence of
any known Hazardous Substances, in or around the general area of the Project Location
where the Work will be performed pursuant to the Scope of Work;
(iii) supply Chevron ES with all relevant information in Customer's possession, including any
as -built drawings and photographs, of prior construction undertaken in the general area
where the Work will be performed pursuant to the Scope of Work; and
(iv) obtain any and all easements, zoning variances, planning approvals, including any
resolution of any environmental impact issues, and any other legal authorization regarding
utilization of the Project Location site essential to the execution of the Work.
(e) All information furnished pursuant to this Section 4.01 shall be supplied at Customer's expense,
and Chevron ES is entitled to rely upon the accuracy and completeness of all information provided.
Customer acknowledges that any failure to provide the information specified in Section 4.01(d) to
Chevron ES may result in an Excusable Delay as defined herein.
(f) In the event that any information is disclosed under this Section 4.01 that constitutes a Change to
the Work and /or is a Material Changed Condition, Chevron ES will provide notice to Customer
within ten (10) Business Days after receipt of this information, and the Parties will meet and confer
with respect to those Changes. If Customer authorizes a Change Order, Chevron ES shall be
compensated, and receive an extension of Time for performance, if necessary, to perform the
additional Work. If the Parties are unable to agree on whether Customer's disclosed information
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constitutes a Change to the Work or a Material Changed Condition, those disputes shall be
resolved in accordance with ARTICLE 23.
(g) Chevron ES contemplates that it will not encounter any Hazardous Substances at the Project
Location, except as has been disclosed as a Pre - Existing Condition by the Customer prior to the
execution of this Contract. However, any disclosure of Hazardous Substances that will affect the
performance of the Work after the execution of this Contract shall constitute a valid basis for a
Change Order.
Section 4.02 Review of Construction Documents. Chevron ES will prepare and submit all designs,
drawings, and specifications to the Customer for review. Customer shall review the documents and provide any
comments in writing to Chevron ES within fifteen (15) Business Days after receipt of documents; provided, however,
that Customer may request, and Chevron ES shall grant, such additional time as may be reasonably necessary to
review said documents. Chevron ES will incorporate appropriate Customer comments into the final designs,
drawings, and specifications, as applicable. The terms and conditions of any permit approvals required for the
Project will be provided. Chevron ES reserves the right to issue the designs, drawings, and specifications in phases
to allow the construction to be performed in phases. If Customer fails either to provide written comments or to
request additional time for review within the fifteen (15) Business Day period, Customer shall be deemed to have no
comments regarding the documents.
Section 4.03 Permits and Approvals. The respective obligations of the Parties in obtaining permits and
approvals are as specified in Section 3.01. Customer shall agree to any nonmaterial changes to the designs,
drawings, and specifications required by any governmental authority having jurisdiction over the Work. The Contract
Amount provided for in the Scope of Work shall be increased by any additional cost incurred by Chevron ES due to a
change required by a governmental authority and the time required to complete the Work pursuant to the Project
Schedule will be increased by the number of additional days required to complete the Work because of a
governmentally imposed change in the Project.
Section 4.04 Changes During Final Design Phase. If during the design phase Customer requests
changes and /or modifications to the Work identified in the Scope of Work and /or there are Material Changed
Conditions, Customer shall be responsible for payment of the extra costs caused by such modifications and /or
changes. Valid bases for additional compensation and /or Time extension include, but are not limited to: (i) Customer
requests changes and /or modifications to the Project Scope of Work during the Project Design Phase; (ii) Customer
caused delays during Chevron ES's design work; (iii) the discovery of subsurface or other site conditions that were
not reasonably anticipated or disclosed as of the Contract Effective Date; (iv) the discovery of Hazardous Substances
at or impacting the Project Location; (v) changes to the Scope of Work required to obtain certain permits; (vi) damage
to any equipment or other Work installed by Chevron ES caused by the act or omission of Customer, its agents or
employees; (vii) changes and /or modifications to Scope of Work ordered by any governmental authority having
jurisdiction over the Project; and (viii) any other condition that would not reasonably have been anticipated by
Chevron ES that modifies and /or changes the Scope of Work that increases the agreed upon Contract Amount or
increases in the Time needed to complete the Work identified in the Scope of Work.
ARTICLE 5. CONSTRUCTION PHASE.
Section 5.01 General Provisions. Upon securing necessary permits, pursuant to Section 3.01, and
completion of final Construction Documents by Customer, Chevron ES will commence the construction of the Project
in accordance with the final Construction Documents. The construction will be performed by Chevron ES and /or one
or more licensed subcontractors qualified to perform the Work. The construction will be performed in accordance
with all Applicable Laws and Applicable Permits.
Section 5.02 Chevron ES's Responsibilities During Construction Phase.
(a) As an independent contractor to Customer, Chevron ES will be responsible for providing, or
causing to be provided by Chevron ES's subcontractor(s), all labor, materials, equipment, tools,
transportation, and other facilities and services necessary for the proper execution, construction,
and completion of the Work as defined in the Scope of Work and any Change Orders. Chevron ES
is hereby required to purchase in advance all necessary materials and supplies for the construction
of the Project in order to assure the prompt and timely delivery of the completed Work pursuant to
the Project Schedule. Chevron ES will also be responsible for all means, methods, techniques,
sequences, and procedures employed for the construction required by the final Construction
Documents.
(b) Chevron ES will make commercially reasonable efforts to coordinate construction activities and
perform the Work to minimize disruption to Customer's operations at the Project Location. Chevron
ES will provide at least thirty (30) calendar days written notice to Customer of any planned power
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outages that will be necessary for the construction. Chevron ES will cooperate with Customer in
scheduling such outages, and Customer agrees to provide its reasonable approval of any
scheduled outage.
(c) Chevron ES will be responsible for initiating and maintaining safety precautions and programs in
connection with its construction of the Project. Chevron ES will take reasonable precautions for the
safety of, and shall provide reasonable protection to prevent damage, injury, or loss to:
(1) employees of Chevron ES and subcontractors performing Work under this Contract;
(2) Chevron ES's property and other materials to be incorporated for the Project, under the care,
custody, and control of Chevron ES or its subcontractors; and (3) other property at or adjacent to
the Project Location not designated for removal, relocation, or replacement during the course of
construction. Chevron ES will not be responsible for Customer's employees' safety unless
Chevron ES's negligence in the performance of its Work is the proximate cause of the employee's
injury.
(d) Based on the final Construction Documents, Chevron ES will obtain required building permits for
Project Construction. Customer will cooperate with Chevron ES in securing such permits.
(e) Chevron ES will maintain in good order at the Project Location copies of the Scope of Work, all
Change Orders, this Contract (with all Attachments), one record copy of all drawings,
specifications, product data, samples, manufacturer's operation & maintenance manuals, and other
pertinent construction - related documents.
(f) Chevron ES shall provide notice to Customer of any scheduled test(s) of installed equipment, and
Customer and /or its designees shall have the right to be present at any or all such tests conducted
by Chevron ES, any subcontractor, and /or manufacturers of the equipment. Chevron ES shall be
responsible for correcting and /or adjusting all deficiencies in systems and equipment operations
that Chevron ES provided and installed that may be observed during equipment commissioning
procedures.
(g) The following duties shall be performed by Chevron ES:
(i) Organize and conduct a pre- construction meeting with the Customer and each
subcontractor.
(ii) Organize and conduct regularly scheduled progress meetings throughout the installation
period.
(iii) Schedule and manage all subcontractors and related work.
(iv) Provide the Customer a single point of contact and responsibility for all Work related to the
Project.
(v) Investigate and resolve design, construction, and field issues as they arise during the
Project
(vi) Coordinate on -site Work, and schedule accordingly with Customer.
(vii) Perform progress inspections throughout the installation period. Provide the Customer
and subcontractor with results of findings.
(viii) Identify any existing Customer equipment that is found during implementation of the Work
not to be functioning properly, and notify in writing to Customer.
(ix) Provide regular status reports to the Customer.
(x) When appropriate, initiate a thorough inspection of the Work with the Customer and
subcontractor to obtain Substantial Completion.
(xi) Check, test, and start -up each item of equipment.
(xii) Perform a point -by -point hardware commissioning of the Chevron ES installed energy
management system. Identify any EMS items that are not functioning properly, and
include on the punch list.
(xiii) Identify any existing Customer equipment that is found during EMS commissioning not to
be functioning properly, and notify in writing to Customer.
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(xiv) Perform a complete software /programming commissioning of the energy management
system. Identify any EMS items that are not programmed per specification, and include
on the punch list.
(xv) With the Customer and subcontractor, perform final inspection of the Work.
(xvi) Review subcontractor invoices and authorize payment as appropriate.
(xvii) Obtain /prepare final as -built documentation for the Project, and deliver to the Customer.
Documentation shall include O &M manuals as appropriate, warranty information, and as-
built drawings and related information.
Section 5.03 Customer's Responsibilities During Construction Phase.
(a) Customer shall designate a single -point representative authorized to act on Customer's behalf with
respect to Project construction and /or equipment installation. Customer may from time to time
change the designated representative and shall provide notice to Chevron ES of such change. Any
independent review of the construction shall be undertaken at Customer's sole expense, and it
shall be performed in a timely manner so as to not unreasonably delay the orderly progress of
Chevron ES's Work. Any independent review of the construction by Customer shall not relieve
Chevron ES of any of its obligations or responsibilities hereunder.
(b) Customer shall provide a temporary staging area for Chevron ES, or its subcontractors, to use
during the construction phase to store and assemble equipment for completion of the Work, if
needed. Customer will provide sufficient space at the Facilities for the performance of the Work
and the installation, storage, and operation of any equipment and materials and will take
reasonable steps to protect any such equipment and materials from harm, theft and misuse.
Customer shall provide access to the Facilities, including parking permits and identification tags, for
Chevron ES and subcontractors to perform the Work hereunder during regular business hours, or
such other reasonable hours as may be requested by Chevron ES and acceptable to Customer.
The Customer shall also either provide a set or sets of keys to Chevron ES and its subcontractors
(signed out per Customer policy) or provide a readily available security escort to unlock and lock
doors. Customer shall not unreasonably restrict Chevron ES's access to Facilities to make
emergency repairs or corrections as it may determine are needed.
(c) Customer shall remain responsible for the maintenance of the portion of the Project Location that is
not directly affected by Chevron ES's Work. Customer shall keep the designated Project Location
and staging area for the Project free of obstructions, waste, and materials within the control of
Customer.
(d) Customer shall be solely responsible for obtaining any required environmental clearance from and
any special permits required by any federal, state, and local jurisdictions, including but not limited to
any clearances required under CEQA, prior to scheduled construction start date.
(e) Customer shall be responsible for the preparation of the designated Project Location site for
construction, including, but not limited to, clearance of all above and below ground obstructions,
such as vegetation, buildings, appurtenances, and utilities. Subsurface conditions and obstacles
(buried pipe, utilities, etc.) that are not otherwise previously and accurately documented by
Customer and such documentation made available to Chevron ES are the responsibility of the
Customer. If Chevron ES encounters such unforeseen conditions in the performance of the Work,
Chevron ES will be entitled to a Change Order providing for additional compensation, an extension
of Time and a revision of the Project Schedule.
(f) Customer shall be solely responsible for the removal of any Hazardous Substances either known to
Customer prior to the commencement of the Work or encountered by Chevron ES during the
construction of the Project, if necessary in order for the Work to progress safely, that was not
knowingly released or brought to the site by Chevron ES. Chevron ES will respond to the
discovery of Hazardous Substances at or around the Project Location during the course of Chevron
ES's construction in accordance with Section 5.06.
(g) Customer shall coordinate the Work to be performed by Chevron ES with its own operations and
with any other construction project that is ongoing at or around the Project Location, with the
exception that Chevron ES will coordinate the Interconnection Facilities work, if any, that will be
performed by the local utility.
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(h) Customer shall allow Chevron ES and its subcontractors access to and reasonable use of
necessary quantities of Customer's water and other utilities, including electrical power, as needed
for the construction of the Work, at no extra cost to Chevron ES.
(i) Customer will provide Chevron ES and /or its subcontractors with reasonable access to the Project
Location to perform the Work, including without limitation and at no extra cost to Chevron ES,
access to perform Work on Saturdays, Sundays, legal holidays, and non - regular working hours.
Q) The Customer shall also do the following:
(i) Attend the regularly scheduled progress meetings. Participate as needed regarding
scheduling of the Work.
(ii) When appropriate, participate in the job inspection walk- through with Chevron ES and the
subcontractor to determine Substantial Completion or beneficial use of major equipment.
Sign the Certificate of Substantial Completion, as appropriate.
(iii) Perform a final walk- through of the Project. Upon receipt of the O &M Manuals and as-
built drawings, sign the certificate of Final Completion for the related Work.
(iv) The Customer is encouraged to provide a staff member(s) (HVAC technician, etc.) to
accompany Chevron ES during the EMS Commissioning. This is an excellent opportunity
to learn in -depth the operation and installation of the EMS.
(v) Provide knowledgeable staff to participate in the training programs, which will be
scheduled in advance for proper coordination.
(vi) Upon the completion of the entire Scope of Work listed in Attachment D, including training,
and submission of close -out documents, sign a certificate of Final Completion for the
entire Project.
Section 5.04 Changes During Construction.
(a) Change Orders Generally. Changes and /or modifications to the Scope of Work shall be authorized
by a written Change Order signed by both Customer and Chevron ES. The Change Order shall
state the change and /or modification to the Scope of Work, any additional compensation to be paid,
or extension of Time, if needed, to Chevron ES to perform such change and /or modification.
Chevron ES may, at its election, suspend performance of that portion of the Work affected by any
proposed Change Order until an agreement has been reached with the Customer regarding the
Change Order. Chevron ES will use its reasonable efforts to continue other portions of the Work
not affected or impacted by such proposed Change Order until such time as the Change Order is
resolved. In addition, if Customer requests a proposal from Chevron ES for a change to the Scope
of Work and Customer subsequently elects to not proceed with such change, Customer agrees that
a Change Order shall be issued to reimburse Chevron ES for any costs reasonably incurred for
estimating services, design services, and /or preparation of the proposal requested by the
Customer.
(b) Change Orders Requiring Additional Compensation. If during construction Customer requests
changes and /or modifications to the Work identified in the Scope of Work, there are Excusable
Delays, and /or there are Material Changed Conditions, Customer shall be responsible for payment
of the extra costs caused by such modifications and /or changes and Chevron ES shall be entitled
to additional compensation for the following reasons, that include, but are not limited to: (1)
Customer requests changes and /or modifications to the Scope of Work during the construction
phase of the Project; (2) Customer caused delays during Chevron ES's construction work; (3)
discovery of subsurface or other site conditions that were not reasonably anticipated or disclosed
prior to the commencement of the Work; (4) discovery of Hazardous Substances at or impacting
the Project Location; (5) changes and /or modifications to the Scope of Work required to obtain
required permits and approvals as required by any governmental authority having jurisdiction over
the Project; (6) damage to any equipment or other Work installed by Chevron ES caused by the act
or omission of Customer, its agents or employees; (7) changes and /or modifications to Scope of
Work ordered by any Governmental Authority having jurisdiction over the Project; and (8) any other
condition that would not reasonably have been anticipated by Chevron ES, that modifies and /or
changes the Scope of Work or the Contract Amount.
(c) Change Orders Requiring Additional Time / Excusable Delays. If during construction Customer
requests changes and /or modifications to the Work identified in the Scope of Work and /or there are
Material Changed Conditions, the Parties agree that a reasonable extension of Time to the Project
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Schedule may be necessary to perform such modifications and /or changes. In addition, if Chevron
ES is delayed at any time in the progress of the Work for any reason beyond its control, including,
but not limited to, any Excusable Delay, then the targeted dates set forth in the Project Schedule
shall be reasonably extended by a Change Order. Prior to the extension of such dates, Chevron
ES will use reasonable efforts to make up such delays, including authorizing overtime payments;
provided that Customer has issued a Change Order authorizing any such overtime payment and
has specifically agreed to pay all costs, including administrative charges and expenses, associated
therewith.
(d) Material Changed Conditions/ Conditions Beyond Chevron ES's Control. Chevron ES will provide
written notice to Customer of any Material Changed Condition and or any event of Force Majeure,
within ten (10) Business Days of Chevron ES's first discovery of such Material Changed Condition
or event of Force Majeure. In the event that Chevron ES's notice concerns unanticipated
subsurface conditions, including soil conditions, or Hazardous Substances, Chevron ES will not
disturb the condition until said notice has been given to Customer, and Customer has had a
reasonable opportunity to investigate the condition. If there is a disagreement between Customer
and Chevron ES as to whether a Change Order should be issued and executed because of the
Material Changed Condition and /or condition beyond Chevron ES's control, those disputes shall be
resolved in accordance with the provisions of ARTICLE 23. Pending the resolution of any dispute
between Chevron ES and Customer concerning a Material Changed Condition and /or change
beyond Chevron ES's control, Chevron ES reserves the right to suspend Work pending the
resolution of the dispute.
(e) Change Order — Savings Effect. Chevron ES shall calculate the energy impact of any Customer
change orders. As applicable, the energy impact may change the projected savings level and the
Guaranteed Energy Savings amount.
Section 5.05 Minor Changes to Scope of Work. Chevron ES shall have authority to make minor
changes that do not change the total Contract Amount and are consistent with the intent of the final Construction
Documents, as amended by Change Order, without prior notice to Customer. Chevron ES will either promptly inform
Customer, in writing, of any minor changes made during the implementation of the Project, or make available to
Customer at the site a set of as -built drawings that will be kept current to show those minor changes.
Section 5.06 Hazardous Substances
(a) Chevron ES will promptly provide written notice to Customer if Chevron ES observes any
Hazardous Substance, as defined herein, at or around the Facilities during the course of
construction or installation of any equipment which have not been addressed as part of the Scope
of Work. Chevron ES shall have no obligation to investigate the Facilities for the presence of
Hazardous Substances prior to commencement of the Work unless otherwise specified in the
Scope of Work. Customer shall be solely responsible for investigating Hazardous Substances and
determining the appropriate removal and remediation measures with respect to the Hazardous
Substances. Customer shall be responsible for complying with all Applicable Laws with respect to
the identification, removal and proper disposal of any Hazardous Substances known or discovered
at or around the Facilities, and in such connection shall execute all generator manifests with
respect thereto. Chevron ES shall comply with all Applicable Laws in connection with the use,
handling, and disposal of any Hazardous Substances in the performance of its Work. In connection
with the foregoing, Customer shall provide Chevron ES, within ten (10) Business Days of the
execution of this Contract, a written statement that represents and warrants (i) whether or not, to its
knowledge, there are Hazardous Substances either on or within the walls, ceiling or other structural
components, or otherwise located in the Work area, including, but not limited to, asbestos -
containing materials; (ii) whether or not, to its knowledge, conditions or situations exist at the
Facilities which are subject to special precautions or equipment required by federal, state, or local
health or safety regulations; and (iii) whether or not, to its knowledge, there are unsafe working
conditions at the Facilities.
(b) Customer shall indemnify, defend, and hold Chevron ES harmless from and against any and all
Losses that in any way result from or arise under from such Customer owned or generated
Hazardous Substances, except for liabilities due to the negligence or willful misconduct of Chevron
ES, or its subcontractors, agents or representatives, in the handling, disturbance or release of
Hazardous Substances. This indemnification shall survive any termination of this Contract.
Section 5.07 Pre - Existing Conditions. Certain pre- existing conditions may be present within the
Customer's facilities that (i) are non - compliant with applicable codes, (ii) may become non - compliant with applicable
codes upon completion of Chevron ES's Work, (iii) may cause Chevron ES's completed Work to be non - compliant
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with applicable codes, (iv) may prevent the Customer from realizing the full benefits of Chevron ES's Work, (v) may
present a safety or equipment hazard, or (vi) are otherwise outside the scope of Chevron ES's Work. Regardless of
whether or not such conditions may have been readily identifiable prior to the commencement of Work, Chevron ES
shall not be responsible for repairing such pre- existing conditions unless such is expressly provided for in the Scope
of Work or an approved change thereto. Chevron ES, in its sole discretion, may determine whether it will bring said
pre- existing conditions into compliance by agreeing to execute a change order with the Customer for additional
compensation and, if appropriate, an extension of time. Examples of pre- existing conditions include, but are not
limited to, the following:
(a) With respect to lighting equipment maintenance and /or lamp and ballast retrofitting, the Customer
shall be responsible for properly grounding lighting fixtures before Chevron ES commences Work in
compliance with applicable codes.
(b) With respect to installation of new lighting fixture installations, prior to commencement of the
lighting fixture installation, the Customer shall be responsible for providing an existing or new
grounding conductor or solidly grounded raceway with listed fittings at the lighting fixture junction
box that is properly connected to the facility grounding electrode system in compliance with the
latest NEC. Chevron ES's Scope of Work shall include properly terminating the lighting fixtures to
the existing grounding conductor or to the existing solidly grounded raceway with listed fittings at
the lighting fixture junction box.
(c) Where Chevron ES's Scope of Work includes pulling new wiring for lighting fixtures from an
existing lighting panel, a grounding conductor shall be included in the lighting circuits. The
Customer is responsible for providing an existing or new grounding conductor terminal bar at the
lighting panel that is properly connected to the facility grounding electrode system in compliance
with the latest NEC.
(d) With respect to Chevron ES Projects with new equipment connecting to the facility's existing
electrical distribution system, Chevron ES shall not be responsible for the electrical integrity of the
existing electrical system, e.g., the condition and proper termination of current - carrying, grounded,
and grounding conductors, bus taps, protective elements, the proper protection of existing wire
through knockouts, or missing components. The Customer is responsible for providing and
maintaining the facility's electrical distribution system that meets the latest NEC and guidelines.
(e) Chevron ES is not responsible for repairing or replacing existing damaged, blocked, or leaky
ductwork, or cleaning dirt or mildew.
(f) Chevron ES shall not be responsible for existing damaged pipes, valves, and related parts and
components due to a lack of water treatment.
(g) Existing pneumatic control systems that remain in place shall be properly maintained (use of air
dryer, clean filter, etc.) by the Customer such that oil or moisture does not reach the control and
operating devices.
(h) Unless specifically included in the Scope of Work, existing valves, dampers, linkages, and piping
specialties to which new controls /building automation system are being connected are to be in
proper functioning condition. If existing device is found to be improperly functioning, Customer may
repair or compensate Chevron ES for repair / replacement of the device.
ARTICLE 6. PROJECT COMPLETION.
Section 6.01 Substantial Completion / Occupancy. At the time any Constructed Improvement is
Substantially Complete in conformance with the Scope of Work and Construction Documents, Chevron ES will supply
to Customer a written Certificate of Substantial Completion. Customer shall within fifteen (15) Business Days of
receipt of the Certificate of Substantial Completion, review the Constructed Improvement for the sole purpose of
determining that it is substantially complete and in substantial conformance with the Scope of Work, final
Construction Documents and any Change Orders. If Customer determines that any Constructed Improvement is
incomplete and /or defective, Customer shall promptly notify Chevron ES in writing of such incomplete and /or
defective Constructed Improvement, itemizing and describing such remaining items with reasonable particularity.
Chevron ES will take immediate steps to complete any incomplete items or remedy defective items or other
deficiencies, after which Chevron ES shall provide written notice to Customer that the Constructed Improvement is
fully complete. Chevron ES must correct all punch list items within fifteen (15) Business Days after issuance of the
punch list or provide a reasonable schedule for correction of all such items that cannot be corrected within such time
period. Customer shall re- inspect all Constructed Improvements completed or remedied by Chevron ES within fifteen
(15) Business Days of Chevron ES's notice that the Constructed Improvement is complete. When the Customer
agrees that the Constructed Improvement is fully completed in accordance with the Scope of Work, Customer will
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sign and return the Certificate of Substantial Completion to Chevron ES acknowledging and agreeing: (i) that the
Constructed Improvement is substantially complete in accordance with the Scope of Work so Customer can occupy
or utilize the Constructed Improvement for its intended use; (ii) the date of such Substantial Completion; (iii) that from
the date of Substantial Completion, Customer will assume responsibility for the security of, insurance coverage for,
maintenance, utilities for, and damage to or destruction of the Constructed Improvement. Customer agrees that
approval of the Certificate of Substantial Completion shall not be unreasonably withheld, delayed or conditioned.
Prior to Substantial Completion, the City reserves the right to occupy or use any part or parts or the entirety of the
Constructed Improvement upon receipt of notice by Chevron ES that it is safe to do so, provided that such occupancy
and /or use shall not interfere with the performance of the Work by Chevron ES and its subcontractors. Subject to
applicable law, exercising this right will in no way constitute acceptance of any part of the Work so occupied or used,
or acceptance of the entire Work, nor will such occupancy or use in any way affect the times when payments will
become due Chevron ES, nor will such occupancy or use in any way prejudice the City's rights under the Contract,
and Contract Bonds, or at law or equity.
Section 6.02 Partial Acceptance. At the time that Chevron ES has completed any Constructed
Improvement, received a Certificate of Substantial Completion from Customer for said Constructed Improvement, and
has fully fulfilled the requirements for permit close out of said Constructed Improvement, the Customer shall accept
that portion of the Work and pay Chevron ES for said portion of the Work less the required Retainage. Subject to
applicable law, exercising this right will in no way constitute Final Completion of any part of the Work so occupied or
used, or acceptance of the entire Work, nor will Partial Acceptance of any portion of the Work in any way prejudice
the Customer's rights under the Contract, and Contract Bonds, or at law or equity.
Section 6.03 Final Completion /Reduction of Retainage. When Chevron ES considers the Work to be
fully complete in accordance with the Scope of Work, Chevron ES will notify the Customer that the Work is fully
complete and ready for final inspection. All finished Work will be subject to inspection and acceptance or rejection by
Customer, Project Manager, and other government agencies having jurisdiction over the Work. Administrative DSA
closeout shall not be a condition to achieving Final Completion. The Customer shall inspect the Work to verify the
status of Final Completion within twenty (20) Business Days after its receipt of Chevron ES's certification that the
Work is complete. If Customer determines that any Work is incomplete and /or defective, the Customer shall promptly
notify Chevron ES in writing of such incomplete and /or defective Work, itemizing and describing such remaining items
with reasonable particularity. Chevron ES will take immediate steps to complete any incomplete items or remedy
defective items or other deficiencies, after which Chevron ES shall provide written notice to the Customer that the
Work is fully complete. Chevron ES must correct all punch list items within fifteen (15) Business Days after issuance
of the punch list or provide a reasonable schedule for correction of all such items that cannot be corrected within such
time period. Customer shall re- inspect all Work completed or remedied by Chevron ES within fifteen (15) Business
Days of Chevron ES's notice that the Work is complete. When the Customer agrees that the Work is fully completed
in accordance with the Scope of Work, and upon acceptance of the Work by the Dublin City Council, Customer shall
give Chevron ES written notice of acceptance of the Work and Final Completion and will issue a certificate of Final
Completion to Chevron ES. If the Work is not accepted by the Dublin City Council within forty -five (45) days from the
day that both Customer and Chevron ES agree that Work is complete, then the Work shall be deemed fully complete,
unless the work has been rejected by the Dublin City Council. At that time, Customer shall pay Chevron ES any
remaining Contract Amount due with the exception of the required Retainage being withheld by the Customer for 30
days past the date of Final Completion. Customer agrees that issuance of the certificate of Final Completion shall not
be unreasonably withheld, delayed or conditioned. Chevron ES agrees that Chevron ES must submit: one set of
reproducible mylars of the Project Record Drawings (As- builts), any equipment operating and maintenance
instructions and data, and all required warranties before acceptance of the Work will occur. The fact that the Work
and materials have been inspected from time to time and that progress payments have been made does not relieve
Chevron ES of the responsibility of replacing and making good any defective or omitted work or materials in
accordance with the requirements of the Contract. Title to any and all of the materials and equipment installed shall
pass from Chevron ES to Customer upon the date of Final Completion, and Customer shall promptly thereafter
record a notice of completion or notice of acceptance in the office of the county recorder in accordance with California
Civil Code §9204.
ARTICLE 7. SUBCONTRACTORS
Section 7.01 Authority to Subcontract. Chevron ES may delegate its duties and performance under this
Contract, and shall have the right to enter into agreements with any subcontractors and other service or material
providers as Chevron ES shall select in its discretion to perform the Work hereunder. Chevron ES shall not be
required to enter into any subcontracts with parties whom Chevron ES has not selected or subcontractors whom
Chevron ES has objection to using.
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Section 7.02 Prompt Payment of Subcontractors. Chevron ES shall promptly pay, when due, all
amounts payable for labor and materials furnished in the performance of this Contract so as to prevent any lien or
other claim under any provision of the law from arising against any Customer property, against Chevron ES's rights to
payments hereunder, or against Customer.
Section 7.03 Responsibility. Chevron ES shall, at all times, be responsible for the negligent acts, errors
and /or omissions of its subcontractors and agents. Nothing in this Contract shall constitute any contractual
relationship between any others and the Customer or any obligation on the part of the Customer to pay, or to be
responsible for the payment of, any sums to any Chevron ES subcontractors.
Section 7.04 Prevailing Wages. All employees of Chevron ES and Chevron ES's subcontractors
performing Work for this Project shall be paid the per diem prevailing wages for the employee's job classification in
the locality in which the Work is performed, in accordance with the California Labor Code provisions on prevailing
wages, commencing with Section 1720 et seq. Chevron ES and Chevron ES's subcontractors shall comply with all
applicable requirements contained therein including, but not limited to, maintenance of certified payroll records
pursuant to Labor Code section 1776.
ARTICLE 8. PAYMENTS
As full compensation for the performance of the Work and all of Chevron ES's obligations hereunder, Customer
shall pay the Contract Amount to Chevron ES.
Section 8.01 Monthly Progress Payments. Upon execution of this Contract, Chevron ES shall invoice
the Customer for a design and engineering fee, as detailed on Attachment F. In addition, Chevron ES shall submit to
the Customer for approval its request, in a form reasonably acceptable to Customer, for a monthly progress payment
per the Draw Schedule in Attachment F.
Section 8.02 Materials Stored Off -Site. In addition to the progress payments specified in Section 8.01,
Chevron ES may invoice the Customer for materials purchased in advance and not stored at the Project Location.
Each such invoice shall be accompanied by proof of off -site material purchases, evidence that the materials have
been delivered to a warehouse reasonably acceptable to the Customer and evidence of appropriate insurance
coverage. Chevron ES shall furnish to the Customer written consent from the Surety approving the advance payment
for materials stored off site. The Customer shall pre -pay one hundred percent (100 %) of Chevron ES's invoice for the
materials delivered, less Retainage as indicated in Section 8.02. Chevron ES shall protect stored materials from
damage. Damaged materials, even though paid for, shall not be incorporated into the Work.
Section 8.03 Retainage. The Customer, or their designee, shall approve and pay each Request for
Payment, less a retainage amount ( "Retainage ") of five percent (5 %) in accordance with California Public Contract
Code §7201, within thirty (30) calendar days after its receipt thereof; provided that there shall be no Retainage with
respect to the design and engineering fee or the fee related to the Report. A failure to timely approve and pay a
Request for Payment hereunder shall be a material default by Customer under this Contract. The Customer may, at
its sole discretion, make progress payments in full without Retainage at any time after fifty percent (50 %) of the Work
has been completed, as permitted pursuant to California Public Contract Code §9203.
Section 8.04 Final Payment. The final Request for Payment may be made after Final Completion.
Final Payment amount may also include payment to Chevron ES for any Retainage withheld by Customer.
Retainage shall not be due to Chevron ES until 30 days have passed from achieving Final Completion. Customer
may pay the Retainage prior to the required 30 days, provided that: Chevron ES has furnished to Customer an
unconditional waiver and release from every subcontractor and supplier who has performed the Work in substantially
the form set forth in California Civil Code section 3262(d)(4); no claim has been presented to the City by any person
based upon any acts of omission of Chevron ES or any subcontractor engaged in performance of the Work; and
Chevron ES's application for payment contains a written waiver of all claims against the City of which Chevron ES
may not yet be asserted at the time of the submission of the application for payment.
Section 8.05 Disputed Invoices /Late Payments. Customer may in good faith dispute any Request for
Payment, or part thereof, within thirty (30) calendar days after the date the Request for Payment was rendered. In
the event that Customer disputes all or a portion of any Request for Payment, Customer shall pay the undisputed
portion when due and provide Chevron ES a written notice and explanation of the basis for the dispute and the
amount of the Request for Payment being withheld related to the dispute. Customer shall be deemed to have waived
and released any dispute known to it with respect to a bill if such notice and written explanation is not provided within
thirty (30) calendar days after the date the Request for Payment was rendered. If any amount disputed by Customer
is finally determined to be due to Chevron ES, either by agreement between the Parties or as a result of dispute
resolution pursuant to ARTICLE 23 below, it shall be paid to Chevron ES within ten (10) Business Days after such
final determination, plus Interest, from the date billed or claimed until such amount is paid.
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Section 8.06 Waiver of Liens. Upon request from Customer, Chevron ES shall provide Customer with
progress payment waivers and releases for Work for which Customer has paid up to that date. Upon receipt by
Chevron ES of final payment for the Work (including payment of all Retainage), Chevron ES will provide Customer
with a final, unconditional waiver and release.
Section 8.07 Rebate Programs. To the extent included in the Scope of Work, Chevron ES shall assist
Customer in the preparation and submission to the applicable agencies of all applications and documentation
necessary for the energy efficiency rebate, incentive, and /or loan program(s) ( "Incentive Funds ") shown on
Attachment I. Chevron ES cannot guarantee that Customer will receive the Incentive Funds or any portion thereof;
Chevron ES expressly disclaims any liability for Customer's failure to receive any portion of the Incentive Funds, and
Customer acknowledges and agrees that Chevron ES shall have no liability for any failure to receive all or any portion
of the Incentive Funds. Procurement, or lack thereof, of the Incentive Funds will not alter the Contract Amount of this
Contract or the payment timeline associated with payment of the Contract Amount.
ARTICLE 9. WARRANTY /LIMITATION OF LIABILITY
Chevron ES warrants to Customer that material and equipment furnished under this Contract will be of good
quality and new, unless otherwise specifically required or permitted by this Contract. Chevron ES further warrants that its
workmanship provided hereunder, including its subcontractors' workmanship, shall be free of material defects for a period
of one (1) year from the date of Substantial Completion as indicated on the executed Certificate of Substantial
Completion, or the date of Beneficial Use as indicated on the executed Certificate of Beneficial Use ( "Chevron ES
Warranty Period "). Notwithstanding the foregoing, the Chevron ES Warranty Period for workmanship, as provided herein,
on any photovoltaic solar system shall be ten (10) years from the date of Substantial Completion or Beneficial Use of such
solar system. All warranties hereunder, including without limitation those for defects in design, engineering, or
construction, shall terminate on the last day of the Chevron ES Warranty Period; and thereafter, Chevron ES will have no
liability for breach of any warranty pursuant to California Code of Civil Procedure § §337.15 and 338. Equipment and
material warranties that exceed the Chevron ES Warranty Period shall be provided directly by the equipment and /or
material manufacturers and such warranties shall be assigned directly to the Customer, after the Chevron ES Warranty
Period. During the Chevron ES Warranty Period, Chevron ES shall be the Customer's agent in working with the
equipment and material manufacturers in resolving any equipment or material warranty issues. Other than for lamps and
ballasts, any material defects that are discovered within the Chevron ES Warranty Period, Chevron ES, or Chevron ES's
subcontractors, will correct its defects, and /or Chevron ES will work with the equipment or material manufacturer as the
Customer's agent to facilitate the manufacturer's correction of the equipment or material defect. For typical industry
standard lamp and ballast failures during the Chevron ES Warranty Period, the Customer will replace such failed
lamps /ballasts with replacement stock provided by Chevron ES, provided, however, that Customer shall return the failed
lamps /ballasts to the manufacturer in order to ensure that sufficient quantities of replacement stock are available during
the Chevron ES Warranty Period. Such warranty services shall be performed in a timely manner and at the reasonable
convenience of the Customer. This warranty expressly excludes any remedy for damage or defect caused by improper
use, improper or inadequate maintenance, operations of the installed equipment by users other than Chevron ES or its
subcontractors, corrosion, erosion, deterioration, abuse, modifications or repairs not performed by an authorized Chevron
ES subcontractor, improper operation, or normal wear and tear under normal usage. If a warranty issue arises on any
equipment or material installed after the Chevron ES Warranty Period, and the equipment or material has a warranty
period that exceeds the Chevron ES Warranty Period, the Customer shall contact the manufacturer directly to resolve
such warranty issues and Customer acknowledges that the manufacturer shall have sole responsibility for such issues.
In addition, Chevron ES warrants to Customer that the performance of the Work or any use, operation,
maintenance or transfer of any equipment or materials furnished hereunder will not constitute patent or copyright
infringement or improper use of other proprietary rights during the Chevron ES Warranty Period. In the event that
there is a claim by any person which could result in an assertion by Customer that Chevron ES has breached this
intellectual property warranty, Chevron ES may, at its sole discretion, (i) defend and indemnify Customer against
such claim; (ii) obtain a license to use the intellectual property which is the subject of such claim; (iii) substitute for the
intellectual property which is the subject of such claim other rights, in which event such substituted rights shall be
warranted by Chevron ES pursuant to this intellectual property warranty; or (iv) remove the intellectual property which
is the subject of such claim and pay to Customer an amount equal to the reduction in the value of the affected Work
as a result of such removal. If Chevron ES defends a claim pursuant to clause (i) of the preceding sentence and
such defense is unsuccessful, Chevron ES will take one of the actions described in clause (ii), (iii) or (iv) of the
preceding sentence, and shall indemnify Customer against any damages arising from the claim. The obligations of
Chevron ES under this paragraph shall be the sole remedy of Customer in the event of a breach by Chevron ES of
this intellectual property warranty.
EXCEPT FOR THE WARRANTIES PROVIDED IN THIS ARTICLE 9, CUSTOMER EXPRESSLY AGREES
THAT CHEVRON ES MAKES NO OTHER WARRANTIES AND ASSUMES NO OTHER LIABILITIES, WHETHER IN
CONTRACT OR IN TORT, IN CONNECTION WITH THE WORK PROVIDED HEREUNDER, WHETHER EXPRESS OR
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IMPLIED, IN LAW OR IN COMMUNICATION BETWEEN CHEVRON ES AND CUSTOMER. CHEVRON ES
SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES AGAINST INTELLECTUAL PROPERTY
INFRINGEMENT. CUSTOMER SHALL HAVE NO REMEDIES AGAINST EITHER CHEVRON ES OR ANY CHEVRON
ES SUBCONTRACTOR OR VENDOR FOR ANY DEFECTIVE WORK INSTALLED EXCEPT FOR THE REPAIR OR
REPLACEMENT OF SUCH EQUIPMENT IN ACCORDANCE WITH THE WARRANTY INDICATED ABOVE.
SPECIFICALLY, NEITHER CHEVRON ES, NOR CHEVRON ES'S SUBCONTRACTORS OR VENDORS, SHALL BE
LIABLE TO CUSTOMER FOR LOSS OF PROFITS OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY.
ARTICLE 10. OWNERSHIP OF CERTAIN PROPERTY AND EXISTING EQUIPMENT
Section 10.01 Ownership of Certain Proprietary Property Rights.
(a) Ownership: Except as expressly provided herein, Customer shall not, by virtue of this Contract,
acquire any rights or interest in any formulas, patterns, devices, software, inventions or processes,
copyrights, patents, trade secrets, other intellectual property rights, or similar items of property
which are or may be used in connection with the Work. Chevron ES shall own all inventions,
improvements, technical data, models, processes, methods, and information and all other work
products developed or used in connection with the Work under this Contract, including all
intellectual property rights therein.
(b) License: Solely in connection with the Facilities, Chevron ES grants to Customer a limited,
perpetual, royalty -free, non - transferrable license for any Chevron ES intellectual property rights
necessary for Customer to operate, maintain, and repair any modifications or additions to Facilities,
or equipment delivered, as a result of the Work.
(c) Ownership and Use of Deliverables. All data, reports, proposals, plans, specifications, flow sheets,
drawings, and other products of the Work furnished directly or indirectly, in writing or otherwise, to
Customer by Chevron ES under this Contract shall remain Chevron ES's property and shall be
used only in connection with the Work.
(d) Confidentiality. Except as otherwise required by the California Public Records Act (California
Government Code §§ 6250 et seq.), Customer may not duplicate or disclose to third parties any
data, reports, proposals, plans, specifications, flow sheets, drawings, and other products of the
Work, unless such third parties have entered into an appropriate agreement with Chevron ES, or
with Chevron ES's written permission.
Section 10.02 Ownership of any Existing Equipment. Ownership of any equipment and materials
presently existing at the Facilities 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 Chevron ES pursuant to this Contract.
If applicable, Chevron ES shall advise Customer in writing of all equipment and materials that will be replaced at the
Facilities and Customer shall, within five (5) Business Days of Chevron ES's notice, designate in writing to Chevron
ES which replaced equipment and materials should not be disposed of off -site by Chevron ES (the "Retained Items ").
Customer shall be responsible for and designate the location and storage for the Retained Items. Chevron ES shall
be responsible for the disposal of replaced equipment and materials, except for the Retained Items. Chevron ES
shall use commercially reasonable efforts to remove the Retained Items in such a manner as to avoid damage
thereto, or if it is unreasonable to avoid damage altogether, to minimize the damage done. Chevron ES shall not be
responsible for the removal and /or disposal of any Hazardous Substances except as required by the Scope of Work.
ARTICLE 11. INDEMNIFICATION / INSURANCE / BONDS
Section 11.01 Indemnification. To the full extent permitted by Applicable Laws, each Party shall
indemnify, hold harmless, release and defend the other Party, its officials, officers, employees, volunteers and agents
from and against any and all actions, claims, demands, damages, disabilities, fines, penalties, losses, costs,
expenses (including consultants' and attorneys' fees and other defense expenses) and liabilities of any nature
(including, but not limited to, penalties resulting from exposure to hazards in violation of the California Labor Code
and liability for any accident or accidents resulting to any person or property as a result of inadequate protective
devices for the prevention of accidents in connection with the performance of the Work.) ( "Losses ") that may be
asserted by any person or entity, in whole or in part arising directly or indirectly out of that Party's performance or
activities hereunder, including the performance or activities of other persons employed, subcontracted for, or utilized
by that Party in the performance of this Contract, excepting liabilities due to the negligence or willful misconduct of the
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indemnified Party. This indemnification obligation shall continue to bind the Parties after the termination of this
Contract.
Section 11.02 Waiver of Consequential Damages and Limitation of Liability. The liability of a defaulting
Party shall be limited to direct, actual damages only and all other damages and remedies are waived. Under no
circumstances will either Party be liable to the other Party for any special, indirect, incidental, consequential or
punitive damages, lost profits or business interruption damages, however caused and on any theory of liability.
"Consequential damages" includes, but is not limited to, operational losses in the performance of business including
lost revenues and any increase in operating expense, and any lost profits. It is expressly understood and agreed to
by both Parties that each Party's liability to the other shall be limited to reimbursement of only those Losses arising
solely from a Party's breach of this Contract, negligence or willful misconduct.
Section 11.03 Chevron ES Insurance. Chevron ES shall maintain, or cause to be maintained, for the
duration of this Contract, the insurance coverage outlined in (a) through (g) below, and all such other insurance as
required by Applicable Law. Evidence of coverage will be provided to Customer via a Self Administered Claims
Letter.
(a) Workers' Compensation /Employers Liability for states in which Chevron ES is not a qualified self -
insured. Limits as follows:
Workers' Compensation: Statutory
Employers Liability: Bodily Injury by accident $1,000,000 each accident
Bodily Injury by disease $1,000,000 each employee
Bodily Injury by disease $1,000,000 policy limit
(b) Commercial General Liability insurance with limits of:
$1,000,000 each occurrence for Bodily Injury and Property Damage
$1,000,000 General Aggregate - other than Products /Completed Operations
$1,000,000 Products /Completed Operations Aggregate
$1,000,000 Personal & Advertising Injury
$ 100,000 Damage to premises rented to Chevron ES
Coverage to be written on a claims -made form. Coverage to be at least as broad as ISO form CG
002 (12/07), without endorsements that limit the policy terms with respect to: (1) the definition of an
Insured Contract, (2) provisions for severability of interest, (3) explosion, collapse, underground
hazard.
(c) Auto Liability insurance for owned, hired and non -owned vehicles with limits of $1,000,000 per
accident. Coverage to be written on an occurrence form.
(d) Professional Liability insurance with limits of:
$1,000,000 per occurrence
$1,000,000 aggregate
Coverage to be written on a claims -made form.
(e) Excess Liability insurance. Limits as follows:
$1,000,000 each occurrence
$1,000,000 aggregate
Coverage terms and limits to apply excess of the per occurrence and /or aggregate limits provided
for Commercial General Liability and Professional Liability written on a claims made form.
Coverage terms and limits also to apply in excess of those required for Employers Liability and
Auto Liability written on an occurrence form.
(f) Policy Endorsements.
The insurance provided for Workers' Compensation and Employers' Liability above shall
contain waivers of subrogation rights against Customer.
The insurance provided for Commercial General Liability and Auto Liability above shall:
(i) include the Customer as an additional insured with respect to Work performed
under this Contract but only to the extent of the indemnity obligations contained
in this Contract, and
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(ii) provide that the insurance is primary coverage with respect to all insureds and
shall not be considered contributory insurance with any insurance policies of the
Customer.
(g) In lieu of any insurances required in this Section 11.03, Chevron ES may self insure hereunder and
use a Self Administered Claims Program for this purpose. Chevron ES will notify Customer in
writing thirty (30) days prior to cancellation of the Self Administered Claims Program.
Section 11.04 Performance and Payment Bonds. Prior to commencing Work under this Contract,
Chevron ES shall furnish a performance bond in the form of Attachment A in an amount equal to one hundred
percent (100 %) of the Contract Amount, and a payment bond in the form of Attachment B to guarantee payment of all
claims for labor and materials furnished, in an amount equal to one hundred percent (100 %) of the Contract Amount
(collectively, the "Contract Bonds "). The Contract Bonds shall be maintained in full force and effect until Final
Completion; provided that upon the achievement of Substantial Completion, the value of the Contract Bonds shall be
reduced to the value of the Retainage then being withheld by Customer. The Contract Bonds are not being furnished
to cover the performance of any energy guaranty or guaranteed savings under this Contract. Customer agrees that
upon Final Completion, the Contract Bonds shall be released and all obligations arising thereunder shall be
terminated.
ARTICLE 12. CONFLICTS OF INTEREST
Conflicts of interest relating to this Contract are strictly prohibited. Except as otherwise expressly provided
herein, neither Party nor any director, employee or agent of any Party shall give to or receive from any director, employee
or agent of any other Party any gift, entertainment or other favor of significant value, or any commission, fee or rebate in
connection with this Contract. Likewise, neither Party nor any director, employee or agent of any Party, shall without prior
notification thereof to all Parties enter into any business relationship with any director, employee or agent of another Party
or of any Affiliate of another Party, unless such person is acting for and on behalf of the other Party or any such Affiliate. A
Party shall promptly notify the other Parties of any violation of this ARTICLE 12 and any consideration received as a result
of such violation shall be paid over or credited to the Party against whom it was charged. Any representative of any Party,
authorized by that Party, may audit the records of the other Parties related to this Contract, including the expense records
of the Party's employees involved in this Contract, upon reasonable notice and during regular business hours, for the sole
purpose of determining whether there has been compliance with this ARTICLE 12.
ARTICLE 13. CREDIT
Customer shall periodically provide to Chevron ES that financial information or security reasonably deemed
necessary by Chevron ES to support any credit extension. If during the life of this Contract, the financial capacity of
Customer becomes impaired or unsatisfactory to Chevron ES in the sole judgment of Chevron ES, advance cash
payment or security satisfactory to Chevron ES shall be given by Customer on demand by Chevron ES and the Work may
be withheld until such payment or security is received.
ARTICLE 14. DOE GUIDELINES; ENERGY POLICY ACT
Section 14.01 As authorized by §1605(b) of the Energy Policy Act of 1992 (42 U.S.C. §13385(6)) the
U.S. Department of Energy has issued, and may issue in the future, guidelines for the voluntary reporting of
Greenhouse Gas emissions ( "DOE Guidelines "). "Greenhouse Gases" shall mean those gases and other particles as
defined in the DOE Guidelines. Customer hereby assigns and transfers to Chevron ES, and its Affiliates and assigns,
any Greenhouse Gas emission reduction credits that result from the Work under this Contract.
Section 14.02 Customer agrees that for the Work on the Project hereunder, Chevron ES shall be the
"designer" as that term is identified in the Energy Policy Act of 2005, and Chevron ES shall have the exclusive right to
report to any federal, state, or local agency, authority or other party, including without limitation under §179(b) of the
Energy Policy Act of 2005, any tax benefit associated with the Work. Upon Final Completion, Customer agrees to
execute a written allocation including a declaration related to Internal Revenue Code §179D. Chevron ES will
prepare the declaration and all accompanying documentation. Chevron ES will be designated the §179D beneficiary.
ARTICLE 15. AMERICAN RECOVERY AND REINVESTMENT ACT
In the event Customer is using American Recovery and Reinvestment Act ( "ARRA ") funding, in whole or in part,
to pay for the Scope of Work set forth in this Contract, Customer acknowledges and agrees that the supplies and services
hereunder are being procured and purchased under state or local procurement laws and Chevron ES is a "vendor" or
"contractor" hereunder. As such, Customer agrees that Chevron ES is not a recipient, grantee, awardee, subrecipient,
subgrantee or subawardee of ARRA funds hereunder. In the event that after Contract execution the awarding agency or
a court of proper jurisdiction determines that Chevron ES is a recipient, grantee, awardee, subrecipient, subgrantee or
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subawardee under the ARRA funded grant rather than a "vendor" or "contractor ", Chevron ES reserves the right to
terminate this Contract at its discretion pursuant to the termination for convenience provision set forth in this
Contract. Customer agrees to release, defend, indemnify, and hold Chevron ES harmless from and against any claims,
costs, or damages arising out of or related to such a determination notwithstanding any other provisions in this Contract.
ARTICLE 16. TRADE SECRETS
If any materials or information provided by Chevron ES to Customer under this Contract are designated by
Chevron ES as a "trade secret" or otherwise designated by Chevron ES as exempt from disclosure under the Public
Records Act (California Government Code §6250 et seq., the "Act ") and in the event a third party makes a request for
disclosure of the materials under the Act, as soon as practical (but not later than five (5) calendar days) after the City
determines that such materials or information provided by Chevron are responsive to said request for disclosure,
Customer shall notify Chevron ES of such request and advise Chevron ES whether Customer believes that there is a
reasonable possibility that the materials may not be exempt from disclosure. To the extent consistent with Customer's
statutory obligations under the Act, Customer (i) shall consider advice from Chevron ES as to whether said materials or
information are exempt from disclosure as trade secrets and (ii) shall refrain from any disclosure of such materials or
information until Chevron ES has had a reasonable opportunity to seek injunctive relief against such disclosure from any
court of competent jurisdiction. Notwithstanding the foregoing, in no event shall Customer be required by this Agreement
to fail to satisfy its obligation to provide non - exempt public records to requesters within the time frames provided for in the
Act.
ARTICLE 17. DATA PRIVACY
Chevron ES and Customer agree that it is not anticipated that any personal data will be processed by Customer
on behalf of Chevron ES under or as a result of this Contract (other than as contained within the terms of the Contract). If
Customer begins to process personal data on behalf of Chevron ES, Customer will immediately notify Chevron ES and
the Parties will incorporate appropriate data protection provisions into this Contract.
ARTICLE 18. EXPORT CONTROL; PROHIBITED PARTIES
Section 18.01 The Parties understand and acknowledge that confidential information exchanged under
this Contract may be subject to compliance with any and all applicable United States laws, regulations, or orders,
including those that may relate to the export of technical data. The Parties agree to comply with all such laws,
regulations, and orders, including, if applicable, all requirements of the International Traffic in Arms regulations and /or
the Export Administration Act, as may be amended. Each Party further agrees to comply with any export license
requirements that govern the export, re- export, transfer, or release of confidential information provided hereunder.
Each Party agrees to provide an Export Classification Number (ECCN) or USML Classification Number to the
receiving Party in writing for all confidential information that is classified with an Export Control Classification Number
(ECCN) other than EAR99 or is classified on the USML. The ECCN and USML Classification, if required shall be
provided at the time the confidential information is provided to the receiving Party. If a disclosing Party provides
confidential information subject to the terms of an export license or other export authorization, the disclosing Party
shall notify the receiving Party in writing of any restrictions on the use, transfer, distribution, or re- export of the
confidential information contained in said export license or authorization. Chevron ES and its Affiliates shall not be
obligated to perform any obligations hereunder if and to the extent that any such performance is prohibited by or
contrary to any applicable U.S. laws or regulations, including U.S. export regulations. An entity is deemed to "control"
another if it owns directly or indirectly at least fifty percent of either of the shares entitled to vote at a general election
of directors of such other entity or the voting interest in such other entity if such entity does not have either shares or
directors.
Section 18.02 Chevron ES is a United States company with a policy requiring it to comply with all
applicable laws, including economic sanctions and trade restrictions imposed by the United States government.
Chevron ES has undertaken to provide its parent organization with any information relevant to its potential
involvement with any party that may be the target of such sanctions and restrictions. Accordingly, Customer shall
provide Chevron ES with ninety (90) days advance notice of the names and addresses of any member of Customer's
organization which may be any of the following:
(a) The target of, or owned or subject to control by any country, institution, organization, entity or
person that is the target of, economic sanctions and trade restrictions imposed by the United States
government.
(b) Debarred or otherwise excluded or declared ineligible to participate in United States government
contracts or contracts, grants or other programs financed in whole or in part by the United States
government.
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(c) Listed by the United States Departments of Commerce or State as an entity with which United
States persons may not engage in export or re- export related transactions.
ARTICLE 19. EVENTS OF DEFAULT
Section 19.01 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 perform or comply with this Contract, including breach of any
covenant contained herein, and such failure continues for thirty (30) calendar days after
notice to Customer demanding that such failure to perform be cured; provided that (y)
such failure to perform shall not be deemed a default hereunder if it is due to an event of
Force Majeure pursuant to ARTICLE 21; and (z) if such cure cannot be effected in thirty
(30) calendar days, Customer shall be deemed to have cured the default upon the
commencement of a cure within thirty (30) calendar days and diligent subsequent
completion thereof; or
any representation or warranty furnished by Customer in this Contract which was false or
misleading in any material respect when made; or
(iii) any failure by Customer to pay any amount to Chevron ES which is not paid within ten
(10) calendar days after written notice from Chevron ES that the amount is past due.
Section 19.02 Events of Default by Chevron ES. Each of the following events or conditions shall
constitute an "Event of Default" by Chevron ES:
(i) any failure by Chevron ES to perform or comply with this Contract, including breach of any
covenant contained herein, and such failure continues for thirty (30) calendar days after
notice to Chevron ES demanding that such failure to perform be cured; provided that (i)
such failure to perform shall not be deemed a default hereunder if it is due to an event of
Force Majeure pursuant to ARTICLE 21, and (ii) if such cure cannot be effected in thirty
(30) calendar days, Chevron ES shall be deemed to have cured the default upon the
commencement of a cure within thirty (30) calendar days and diligent subsequent
completion thereof; or
(ii) any representation or warranty furnished by Chevron ES in this Contract which was false
or misleading in any material respect when made.
ARTICLE 20. REMEDIES UPON DEFAULT
Section 20.01 Remedies upon Default by Customer. If an Event of Default by Customer occurs,
Chevron ES will be entitled to obtain any available legal or equitable remedies through mediation proceedings
instituted pursuant to ARTICLE 23 including, without limitation, terminating this Contract or recovering amounts due
and unpaid by Customer, and /or damages which shall include Chevron ES's reasonable, actual, direct out -of- pocket
losses incurred by reason of such Event of Default and any cost of funding; loss of anticipated payment obligations;
legal fees and arbitration costs; and any payment or delivery required to have been on or before the date of the Event
of Default and not made, including Interest on any sums due, and losses and costs incurred as a result of terminating
this Contract and all costs and expenses reasonably incurred in exercising the foregoing remedies.
Section 20.02 Remedies Upon Default by Chevron ES. If an Event of Default by Chevron ES occurs,
Customer shall be entitled to obtain any available legal or equitable remedies through mediation proceedings
instituted pursuant to ARTICLE 23, including, without limitation, terminating this Contract, or recovering amounts due
and unpaid by Chevron ES and /or damages, which shall include Customer's reasonable, actual, direct out -of- pocket
losses incurred by reason of such Event of Default and any cost of funding; loss of anticipated payment obligations;
legal fees and arbitration costs; and any payment or delivery required to have been paid on or before the date of the
Event of Default and not made, including interest on any sums due, and losses and costs incurred as a result of
terminating this Contract and all costs and expenses reasonably incurred in exercising the foregoing remedies.
ARTICLE 21. CONDITIONS BEYOND CONTROL OF THE PARTIES
Section 21.01 Force Majeure Events. In the event that any Party is delayed in, or prevented from,
performing or carrying out its obligations under this Contract by reason of any event of Force Majeure, such
circumstance shall not constitute an Event of Default, and such Party shall be excused from performance hereunder
and shall not be liable to any other Party for or on account of any loss, damage, injury or expense resulting from, or
arising out of, such delay or prevention. Notwithstanding the foregoing, no Party shall be excused from any payment
obligations under this Contract as a result of an event of Force Majeure.
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Energy Services Contract
The City of Dublin and Chevron Energy Solutions Company
Section 21.02 Utility Work. Customer expressly understands and agrees that the definition "Force
Majeure" above also includes any Interconnection Facilities work that may need to be performed by the local Utility
( "Utility ") in order for Chevron ES to fully implement the Project. "Interconnection Facilities" shall mean any
distribution or transmission lines and other facilities that may be required to connect equipment supplied under this
Contract to an electrical distribution /transmission system owned and maintained by the Utility. Any Interconnection
Facilities work that may be required will be performed by the Utility under the Interconnection Agreement.
ARTICLE 22. ENERGY SAVINGS
Section 22.01 Guaranteed Savings.
(a) Savings Guarantee. In consideration of the payment of the Annual Guarantee Fee, and upon the
terms and subject to the conditions set forth herein, Chevron ES warrants that the Customer will
realize total EC Savings during the Energy Savings Term of not less than the total Guaranteed
Savings (the "Savings Guarantee "), as the same may be adjusted from time to time for changes in
Energy Rate Factors, Energy Use Factors and consequential revisions to the relevant Baseline.
(b) Guarantee Payment. For any Measurement Period in which there is a Guarantee Shortfall,
Chevron ES shall pay to the Customer, within thirty (30) calendar days after the acceptance by the
Customer of the Energy Savings Report for such Measurement Period, the Guarantee Payment for
that Measurement Period.
(c) Services or Retrofits in Lieu of Guarantee Payment. If in the judgment of the Customer, Customer
would benefit from additional energy services or energy saving retrofits, Customer and Chevron ES
may mutually agree that Chevron ES will provide such services or retrofits in lieu of the Guarantee
Payment for such Measurement Period. For the purposes of this Contract, such services or
retrofits will have a deemed value equal to the Guarantee Shortfall for that Measurement Period.
(d) Excess Savings Claw -Back. For any Measurement Period in which there are Excess Savings, the
Customer shall repay to Chevron ES, to the extent of such Excess Savings, any Guarantee
Payments previously paid by Chevron ES to the Customer and not previously repaid to Chevron
ES by the Customer, and the Excess Savings for such Measurement Period shall be reduced by
the amount of such repayment. If Chevron ES has provided services or retrofits in lieu of the
Guarantee Payment for a prior Measurement Period, such that the Guarantee Payment for such
Measurement Period cannot be repaid by the Customer, then in lieu of such repayment Excess
Savings shall be increased by the deemed value of such services or retrofits.
(e) Force Majeure. In the event that Chevron ES is delayed in, or prevented from, accurately
calculating the actual EC Savings for any day of any Measurement Period by reason of any event
of Force Majeure, such circumstance shall not constitute a default, and Chevron ES shall be
excused from performance under this ARTICLE 22 while such event of Force Majeure is
continuing. During such Force Majeure event, Projected Energy Savings for the month(s) in which
such Force Majeure is continuing shall be used in lieu of actual data; provided that if three (3) or
more years of data are available for such month(s), the historical average of such data for such
month(s) shall be used in lieu of Projected Energy Savings.
(f) Average Energy Unit Savings. For any Measurement Period beginning with [0], upon completion
of that Measurement Period's Energy Savings Report, Chevron ES has the right to calculate the
Average Energy Unit Savings which have occurred over all previous Measurement Periods. The
Average Energy Unit Savings shall be applied to all subsequent Measurement Periods to
determine the Energy Unit Savings for each remaining Measurement Period. After applying such
Average Energy Unit Savings for each subsequent Measurement Period and calculating the
resulting EC Savings, if the sum of (i) such calculated EC Savings for any future Measurement
Period plus (ii) the Annual Guarantee Fee for such Measurement Period is greater than the
Guaranteed Savings for that Measurement Period, then such excess shall be Excess Savings and
the Savings Guarantee shall have been met for that Measurement Period. If such sum of (i)
calculated EC Savings for any future Measurement Period plus (ii) the Annual Guarantee Fee for
such Measurement Period is less than the Guaranteed Savings for that Measurement Period, then
Chevron ES will apply Accumulated Savings then outstanding to determine whether there is a
Guarantee Shortfall for that Measurement Period. If a Guarantee Shortfall is calculated to exist for
a future Measurement Period, Chevron ES may, in its sole discretion, pay to the Customer, not
later than the ninetieth (90th) day of such future Measurement Period, the net present value of the
Guarantee Shortfall for any or all of such future Measurement Period(s). Net present value will be
determined using a discount rate of ten percent (10 %).
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Energy Services Contract
The City of Dublin and Chevron Energy Solutions Company
Section 22.02 Changes in Energy Use Factors.
(a) Adjustments to Baselines. The Customer shall notify Chevron ES in writing within ten (10)
business days of any change in any Energy Use Factor. In addition, data collected by Chevron ES
during or before the Energy Savings Term may indicate a change in the energy use pattern at the
Facilities or any portion thereof and require a change to one or more Baselines. Chevron ES will
determine the effect that any such change will have on EC Savings and present to the Customer a
written analysis of the effects of such changes. Chevron ES will also make corresponding revisions
to the Baselines and /or EC Savings that it deems appropriate in its reasonable discretion.
(b) Adjustments to Guaranteed Savings. If a change in any Energy Rate Factor or Energy Use Factor
results in a reduction of EC Savings, then the Guaranteed Savings for the corresponding
Measurement Period(s) will be decreased by the same amount. Chevron ES shall notify the
Customer, in writing, of all such changes.
(c) Changes to Facilities. Customer or Chevron ES may from time to time propose to make changes
to the Facilities for the express purpose of increasing EC Savings or addressing Force Majeure
events. It is agreed that these changes will only be made with the written consent of both Parties,
which will not be unreasonably withheld. The Baseline will not be adjusted to reflect any changes
agreed to under this Section 22.02(c).
(d) Unilateral Baseline Adjustment. If Chevron ES proposes changes to the Facilities that would not
unreasonably interfere with the conduct of Customer's business or cause the Customer to incur
additional costs, and the Customer does not consent to the changes, then Chevron ES will adjust
the Baselines upward by the amount of savings projected from the changes.
(e) Protected Energy Savings. During the Energy Savings Term, when the ultimate effect of the Work
on EC Savings cannot be accurately determined due to pending construction or changes to the
Scope of Work, Projected Energy Savings for the Facilities will be used until the effect of the
changes can be determined by Chevron ES.
(f) Assessment Work. Chevron ES has the right to charge the Customer for Assessment Work, which
will be billed at current Chevron ES engineering rates and shall be paid by the Customer within
thirty (30) calendar days after receiving Chevron ES's invoice. Before initiating Assessment Work,
Chevron ES will notify the Customer in writing of the intent and estimated cost associated with the
Assessment Work. The Customer will, within forty -five (45) calendar days, give Chevron ES written
permission to proceed or, alternatively at no charge to Chevron ES, to stipulate that the Projected
Energy Savings for the portion of the Facility in question be used for the purpose of meeting the
Savings Guarantee for such Measurement Period and thereafter. If Chevron ES does not receive
written notice within forty -five (45) calendar days, the Projected Energy Savings for the portion of
the Facility in question will be used until such time as the Customer approves the Assessment
Work.
(g) Changes in Energy Use Factors. If the Customer fails to notify Chevron ES of changes in Energy
Use Factors or fails to supply Chevron ES in a timely manner with information that is requested by
Chevron ES for the calculation of EC Savings, the Energy Unit Savings for the relevant
Measurement Period will be deemed equal to the corresponding Projected Energy Savings for such
period. If information for the relevant Measurement Period is supplied at a later date, the Energy
Unit Savings will be modified only if and to the extent that the calculated savings for such period
exceed the Projected Energy Savings for such period.
(h) Changes in Savings Calculations. Any changes made by Chevron ES to the savings calculations
shall be presented to the Customer in advance. The Customer shall have thirty (30) calendar days
to challenge or question the changes in writing.
(i) Inspection of Facilities. The Customer agrees that Chevron ES shall have the right, with or without
prior notice, to inspect the Facilities to determine if the Customer has consistently complied with its
obligations as set forth above. In the event that any inspection discloses that the Customer has
failed, on or prior to the date of such inspection, to be in compliance with any of its obligations, then
the Guaranteed Savings shall be assumed to have been achieved for the portion of the Energy
Savings Term during which such failure shall have existed.
Section 22.03 Customer Maintenance. Beginning at Substantial Completion for any portion of the Work,
the Customer shall maintain such portion of the Work, and upon Final Completion shall maintain the Project, in
accordance with the maintenance schedules and procedures recommended by Chevron ES and by the
manufacturers of the relevant equipment.
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Energy Services Contract
The City of Dublin and Chevron Energy Solutions Company
Section 22.04 Energy Savings Report. Annually during the Energy Savings Term, Chevron ES shall
submit to the Customer an energy savings report containing a precise calculation of the EC Savings during the
applicable Measurement Period (an "Energy Savings Report "). The Energy Savings Report shall be submitted within
ninety (90) calendar days after receipt of all needed information for a Measurement Period, unless additional
information is needed to accurately calculate the EC Savings, in which case the Customer shall be notified of such a
situation within the ninety (90) calendar -day period.
Section 22.05 On -Site Measurements. The Customer irrevocably grants to Chevron ES the right, during
the Energy Savings Term, to monitor EC Savings and energy management performance by conducting on -site
measurements, including, but not limited to, reading meters and installing and observing on -site monitoring
equipment. Chevron ES shall not exercise such right in a manner that unreasonably interferes with the business of
Customer as conducted at the Facilities as of the date hereof. The Customer shall cooperate fully with the exercise of
such right by Chevron ES pursuant to this Section 22.05. Customer shall further cooperate with Chevron ES's
performance of the Savings Measurement and Verification Plan by providing utility information, changes in Energy
Use Factors, and /or additional information as reasonably requested by Chevron ES.
Section 22.06 Internet Communication Path. At Chevron ES's request, to facilitate Chevron ES's
monitoring of the Work, Customer shall open an internet communication path between Customer's energy
management system(s) and Chevron ES's office in Overland Park, Kansas. Customer shall provide, at Customer's
expense, all networking, telecommunication, encryption, and security hardware and /or software Chevron ES deems
necessary to achieve such communication path, as well as any similar hardware, software, or encryption devices
necessary for use at Chevron ES's office. Chevron ES will provide the customer with the precise locations for network
communication ports within Customer's Facilities. Customer agrees not to charge Chevron ES to install or maintain
such communication paths.
Section 22.07 Termination of Guaranteed Savings. If (i) the Customer notifies Chevron ES in writing of
its intent to terminate the Savings Guarantee, (ii) this Contract is terminated by Chevron ES for default by Customer
or by Customer for any reason permitted by this Contract or (iii) the Customer fails to maintain the Project in
accordance with Section 22.03 or is in default of any of its other obligations under this ARTICLE 22, the obligation of
Chevron ES to prepare and deliver the Energy Savings Report and to make a Guarantee Payment shall also be
terminated. If such termination occurs on a date other than the last day of a Measurement Period, Chevron ES shall
have no obligation to make a Guarantee Payment or prepare and deliver an Energy Savings Report for such
Measurement Period.
Section 22.08 Annual Guarantee Fee.
(a) Invoicing and Payment. The Annual Guarantee Fee for the first Measurement Period shall be
invoiced by Chevron ES to the Customer in a lump sum on the M &V Commencement Date. All
subsequent Annual Guarantee Fees will be invoiced by Chevron ES on the first day of the
corresponding Measurement Period. The Customer, or its designee, shall pay Chevron ES such
Annual Guarantee Fee, without any retention amount withheld, within thirty (30) calendar days after
its receipt of the corresponding invoice. Unless the Customer gives Chevron ES prior written notice
of its intent to terminate the Savings Guarantee, any failure to timely pay the Annual Guarantee
Fee in accordance with this Section 22.08(a) shall be a material default by Customer under this
Contract, and Chevron ES, in addition to any other legal, contractual and equitable remedies
available to it, shall have no obligation thereafter to make Guarantee Payments.
(b) Any amount not paid when due shall, from and after the due date, bear Interest. Accrued and
unpaid Interest on past due amounts (including Interest on past due Interest) shall be due and
payable upon demand.
(c) Not Refundable. The Annual Guarantee Fee is not refundable for any reason.
Section 22.09 Calculations.
(a) Calculation of Accumulated Savings. Accumulated Savings shall be increased, for any
Measurement Period, by the amount of Excess Savings during such Measurement Period, and
shall be decreased, for any Measurement Period, by the difference, to the extent positive, between
(i) the Guaranteed Savings for such Measurement Period minus (ii) the EC Savings for such
Measurement Period. For the avoidance of doubt, Accumulated Savings will not be reduced below
zero.
(b) Calculation of EC Savings. EC Savings for any Measurement Period will be equal to the sum, for
such Measurement Period, of (i) the Energy Use Savings, plus (ii) the Stipulated Non - Energy
Savings, [ plus (iii) the Fuel Switch Savings,] [ plus (iv) Energy Rate Reduction Savings,] in each
case as adjusted for changes in Energy Use Factors during such Measurement Period. EC
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Energy Services Contract
The City of Dublin and Chevron Energy Solutions Company
Savings achieved during the Construction Period shall be included in the EC Savings for the first
Measurement Period.
(c) Calculation of Energy Use Savings. Energy Use Savings shall be calculated by Chevron ES as the
product of (i) the Energy Unit Savings multiplied by (ii) the greater of (a) the applicable Base
Energy Rate or (b) the applicable Actual Energy Rate.
(d) Calculation of Excess Savings. From and after the M &V Commencement Date, Excess Savings
shall be calculated by Chevron ES as the difference, to the extent positive, between (i) the EC
Savings for the relevant Measurement Period minus (ii) the Guaranteed Savings for such
Measurement Period. During the Construction Period, Excess Savings will be calculated by
Chevron ES in the manner set forth in the Savings Measurement and Verification Plan. For the
avoidance of doubt, Excess Savings will not be reduced below zero.
(e) Calculation of Guarantee Shortfall. The Guarantee Shortfall, for any Measurement Period, shall be
calculated by Chevron ES as the difference, to the extent positive, between (i) the Guaranteed
Savings for such Measurement Period minus (ii) the sum of (a) EC Savings for such Measurement
Period plus (b) Accumulated Savings then outstanding.
(f) [Calculation of Energy Rate Reduction Savings. The Energy Rate Reduction Savings shall be
calculated by Chevron ES as the product of (i) the Energy Rate Reduction Rate multiplied by (ii) the
number of applicable units of energy, power, water, or other utility or commodity, consumed at the
Facilities during that Measurement Period. For the avoidance of doubt, if the Actual Energy Rate
exceeds the Base Energy Rate, the Energy Rate Reduction Savings will be zero.]
(g) [Calculation of Fuel Switch Savings. Fuel Switch Savings shall be calculated by Chevron ES as the
product of (i) the Fuel Switch Rate multiplied by (ii) the number of units of new fuel consumed for
that Measurement Period.]
ARTICLE 23. DISPUTE RESOLUTION
Section 23.01 In the event of a dispute, claim, or controversy ( "Dispute ") arising out of or in connection
with this Contract, the Parties shall endeavor to resolve amicably any Dispute in the ordinary course of business
between the Parties' representatives. If Customer's and Chevron ES's representatives are unable to resolve the
Dispute in the ordinary course of business, then the Dispute shall be referred to both Customer's and Chevron ES's
senior management for resolution. If the Parties' senior management cannot resolve the Dispute within thirty (30)
days of a Party's notice to the other Party that such Dispute should be taken to the Parties' senior management, then
either Party may submit the Dispute to mediation governed by the Construction Industry Mediation Rules of the
American Arbitration Association within sixty (60) days of a Party's notice to the other Party that such Dispute should
be taken to the Parties' senior management. The request for mediation, if any, shall be submitted in writing to the
American Arbitration Association and the other Party to the Contract. Each Party shall participate in the mediation
process in good faith. The mediation process shall be concluded within 60 days of filing of the request for
mediation. The date of termination of the mediation shall be determined by application of the mediation rules
referenced above. If, at the conclusion of the mediation referenced in this Section 23.01, the Dispute is not resolved,
or if neither party submits the Dispute to mediation within sixty (60) days of a Party's notice to the other Party that
such Dispute should be taken to the Parties' senior management, then either Party may submit the Dispute to a court
of competent jurisdiction. For purposes of clarity, the mediation process referenced herein shall be a condition
precedent to either Party commencing litigation with respect to a Dispute. Pending resolution of any Dispute, each
Party shall proceed with the performance of its undisputed obligations consistent with its respective position in the
Dispute, including but not limited to payment of undisputed amounts.
Section 23.02 Attorneys' Fees. The prevailing Party in any action or proceeding brought to enforce the
terms of this Contract or arising out of this Contract may recover its reasonable costs and attorneys' fees expended in
connection with such an action or arbitration proceeding from the other Party.
ARTICLE 24. REPRESENTATIONS AND WARRANTIES
Each Party warrants and represents to the other that:
(i) it has all requisite power and authority to enter into this Contract, to perform its obligations
hereunder and to consummate the transactions contemplated hereby;
(ii) the execution, delivery, and performance of this Contract have been duly authorized by its
governing body, or are in accordance with its organizational documents, and this Contract
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Energy Services Contract
The City of Dublin and Chevron Energy Solutions Company
has been duly executed and delivered for it by the signatories so authorized, and
constitutes its legal, valid, and binding obligation;
the execution, delivery, and performance of this Contract will not breach or violate, or
constitute a default under, its organizational documents or any contract, lease or
instrument to which it is a party or by which it or its properties may be bound or affected;
and
(iv) 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.
ARTICLE 25. ASSIGNMENT
Section 25.01 Except as provided in this ARTICLE 25, this Contract may not be assigned by either Party
in whole or in part without the prior written consent of the other Party, which consent may not be unreasonably
withheld or delayed. This Contract will be binding on, enforceable by, and inure to the benefit of, the Parties and their
respective successors and permitted assigns. Any assignment made in contravention of this clause shall be void and
unenforceable.
Section 25.02 Assignment bV Chevron ES. Chevron ES may assign this Contract and all related
contracts without the consent of Customer (i) to an Affiliate; (ii) to an entity that is controlled by, controls, or is under
common control with Chevron ES; or (iii) pursuant to a merger, consolidation, transfer of substantially all its assets, or
by operation of law. Chevron ES may also assign its rights, but not its obligations, under this Contract and all related
contracts without the consent of Customer to (x) a lender providing financing to Chevron ES, or (y) a special purpose
entity that is an Affiliate of or is controlled by such lender.
ARTICLE 26. TERMINATION
Section 26.01 Termination for Cause. If there is an Event of Default by either Party under this Contract,
pursuant to the provisions of ARTICLE 12 unless such Event of Default has been cured within the applicable time
periods for a cure set forth in such ARTICLE 12 in addition to the remedies provided for in ARTICLE 20 the non -
defaulting Party may terminate this Contract by providing three (3) Business Days' notice to the defaulting Party in the
case of a monetary default and ten (10) Business Days' notice to the defaulting Party in the case of a non - monetary
default. Upon termination of this Contract, each Party shall promptly return to the other all papers, materials, and
property of the other held by such Party in connection herewith. Each Party shall also assist the other in the orderly
termination of this Contract and the transfer of all aspects hereof, tangible and intangible, as may be necessary for
the orderly, non - disrupted business continuation of each Party. If this Contract is so terminated, Chevron ES shall be
entitled to payment for Work satisfactorily performed, earned profit and overhead, and costs incurred in accordance
with this Contract up to the date of termination.
Section 26.02 Termination for Convenience. Both Chevron ES and Customer have the right to terminate
this Contract upon mutual written agreement by both Parties hereto. If this Contract is so terminated by mutual
agreement, Chevron ES shall be entitled to payment for all Work performed, earned profit and overhead, and costs
incurred in accordance with this Contract up to the date of termination.
ARTICLE 27. NOTICE
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 CHEVRON ES: Chevron Energy Solutions Company
345 California Street, 18th Floor
San Francisco, CA 94104 -2624
Attention: Nancy P. Grossman, Project Manager
With a COPY TO: Legal Department
Chevron Energy Solutions Company
345 California Street, 18th Floor
San Francisco, CA 94104 -2624
1899451.5 Rev. Date: 6/13/12 Page 28 of 60
Energy Services Contract
The City of Dublin and Chevron Energy Solutions Company
Tel: 415- 733 -4500
Fax: 415- 733 -4957
Attention: Contract Administrator
TO CUSTOMER: The City of Dublin, California
100 Civic Plaza
Dublin, CA 94568
Attention: Roger Bradley, Senior Administrative Analyst
Tel: 925 - 833 -6657
Fax: 925 - 833 -6651
With a COPY TO: In the event that City retains a Project Manager, as provided for in Section 2.04, copies of
all correspondence shall be sent to the Project Manager at the address provided by
Customer.
ARTICLE 28. CONSTRUCTION OF CONTRACT
This Contract is the result of arms - length negotiations between two sophisticated parties and ambiguities or
uncertainties in it shall not be construed for or against either Party, but shall be construed in a manner that most
accurately reflects the intent of the Parties when such Contract was executed. Each of the Parties acknowledges and
agrees that neither Party has provided the other with any legal, accounting, regulatory, financial or tax advice with respect
to any of the transactions contemplated hereby, and each Party has consulted its own legal, accounting, regulatory,
financial and tax advisors to the extent it has deemed appropriate.
ARTICLE 29. BINDING EFFECT
Except as otherwise provided herein, the terms and provisions of this Contract shall apply to, be binding upon,
and inure to the benefit of the Parties hereto and their respective heirs, legal representatives, successors, and permitted
assigns.
ARTICLE 30. NO WAIVER
The failure of Chevron ES or Customer to insist upon the strict performance of this Contract 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 Chevron ES or Customer.
ARTICLE 31. SEVERABILITY
In the event that any clause or provision of this Contract or any part thereof becomes or shall be declared by a
court of competent jurisdiction invalid, illegal, void, or unenforceable, this Contract shall continue in full force and effect
without said provisions; provided that no such severability shall be effective if it materially changes the benefits or
obligations of either Party hereunder.
ARTICLE 32. APPLICABLE LAW
This Contract and the construction and enforceability thereof shall be interpreted under the laws of the State of
California, without regard to the choice of law doctrine. The Parties consent to personal jurisdiction and venue of the State
and Federal Courts within the County of Alameda, California and, by execution and delivery of this Contract, each of the
Parties hereby (i) accepts the jurisdiction of the foregoing courts for purposes of enforcement of any such arbitral award
and (ii) irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the
laying of venues of any suit, action or proceedings with respect hereto brought in any such court, and further irrevocably
waives to the fullest extent permitted by law any claim that any such suit, action or proceedings brought in any such court
has been brought in an inconvenient forum.
BOTH CHEVRON ES AND CUSTOMER EACH HEREBY KNOWINGLY, VOLUNTARILY AND
INTENTIONALLY WAIVES AND FOREVER RELINQUISHES ANY AND ALL CLAIMS OR RIGHTS THAT SUCH
PARTY MAY HAVE TO ANY TRIAL BY JURY ON ANY ISSUE ARISING OUT OF ANY LITIGATION OR DISPUTES
OR CLAIMS UNDER THIS CONTRACT OR IN ANY WAY ASSOCIATED THEREWITH, SUCH PARTIES INTENDING
TO WAIVE AND FOREVER RELINQUISH ANY RIGHT UNDER THE SEVENTH AMENDMENT OF THE UNITED
STATES CONSTITUTION TO TRIAL BY JURY AND ANY CLAIMS OR RIGHTS TO A TRIAL BY JURY UNDER THE
CONSTITUTION OF THE STATE OF CALIFORNIA OR ANY OTHER CONSTITUTIONAL, STATUTORY OR
OTHERWISE APPLICABLE LAW PROVIDING FOR A RIGHT OF TRIAL BY JURY.
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Energy Services Contract
The City of Dublin and Chevron Energy Solutions Company
ARTICLE 33. HEADINGS
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.
ARTICLE 34. COUNTERPARTS; INTEGRATION
This Contract may be executed in counterparts (and by different parties hereto in different counterparts), each of
which shall constitute an original, but all of which when taken together shall constitute a single contract. This Contract
constitutes the entire contract among the Parties relating to the subject matter hereof and supersedes any and all previous
agreements and understandings, oral or written, relating to the subject matter hereof. Delivery of an executed counterpart
of a signature page of this Contract by email or fax shall be effective as delivery of a manually executed counterpart of this
Contract.
IN WITNESS WHEREOF, and intending to be legally bound, the Parties hereto subscribe their names to this
Contract by their duly authorized officers on the date first above written.
CHEVRON ES: CUSTOMER:
Chevron Energy Solutions Company, a The City of Dublin, California
Division of Chevron U.S.A. Inc.
By:
Name:
Title:
By:
1899451.5 Rev. Date: 6/13/12 Page 30 of 60
Name:
Title:
Bond No.:
Energy Services Contract
The City of Dublin and Chevron Energy Solutions Company
Energy Services Contract
The City of Dublin and Chevron Energy Solutions Company
Chevron ES Project #: DWCES -_
Chevron ES Contract # CU
ATTACHMENT A
FORM OF PERFORMANCE BOND
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that
as Principal, hereinafter called Contractor, and
(Here insert full name and address or legal title of Contractor)
(Here insert full name and address or legal title of Surety)
as Surety, hereinafter called Surety, are held and firmly bound unto
(Here insert full name and address or legal title of Owner)
as Obligee, hereinafter called Owner, in the amount of Dollars ($ ),
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors
and assigns, jointly and severally, firmly by these presents.
WHEREAS,
Contractor has by written agreement dated , entered into a contract with Owner for
(Here insert full name, address and description of project)
in accordance with Drawings and Specifications prepared by
(Here insert full name, address and legal title to Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
1899451.5 Rev. Date: 6/13/12 Page 31 of 60
Energy Services Contract
The City of Dublin and Chevron Energy Solutions Company
PERFORMANCE BOND
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully
perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect;
subject, however, to the following conditions:
The Surety hereby waives notice of any alteration or
extension of time made by the Owner.
Whenever Contractor shall be, and declared by
Owner to be in default under the Contract, the
Owner having performed Owner's obligations
thereunder, the Surety may promptly remedy the
default, or shall promptly
1) Complete the Contract in accordance with its terms
and conditions, or
2) Obtain a bid or bids for completing the Contract in
accordance with its terms and conditions, and upon
determination by Surety of the lowest responsible
bidder, or, if the Owner elects, upon determination by
the Owner and the
Surety jointly of the lowest responsible bidder,
arrange for a contract between such bidder and
Owner, and make available as Work progresses
(even though there should be a default or a
Signed and sealed this day of, 2012 .
(Witness)
(Witness)
succession of defaults under the contract or contracts
of completion arranged under this paragraph)
sufficient funds to pay the cost of completion less the
balance of the contract price; but not exceeding,
including other costs and damages for which the
Surety may be liable hereunder, the amount set forth
in the first paragraph hereof. The term "balance of the
contract price," as used in this paragraph, shall mean
the total amount payable by Owner to Contractor
under the Contract and any amendments thereto, less
the amount properly paid by Owner to Contractor.
Any claim or suit under this bond must be instituted
before the issuance of the Certificate of Substantial
Completion as defined in the Contract.
No right of action shall accrue on this bond to or for
the use of any person or corporation other than the
Owner named herein or the heirs, executors,
administrators or successors of the Owner.
(Principal)
(Surety)
1899451.5 Rev. Date: 6/13/12 Page 32 of 60
(Title)
(Seal)
(Title)
Bond No.:
Energy Services Contract
The City of Dublin and Chevron Energy Solutions Company
ATTACHMENT B
FORM OF PAYMENT BOND
LABOR AND MATERIAL PAYMENT BOND
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
KNOW ALL MEN BY THESE PRESENTS: that
(Here insert full name and address or legal title of Contractor)
as Principal, hereinafter called Principal, and,
(Here insert full name and address or legal title of Surety)
as Surety, hereinafter called Surety, are held and firmly bound unto
(Here insert full name and address or legal title of Owner)
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount
of Dollars ($ )
(Here insert a sum equal to at least one -half of the contract price)
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents.
WHEREAS,
Principal has by written agreement dated 2012, entered into a contract with Owner for (here insert full
name, address and description of project)
in accordance with Drawings and Specifications prepared by which contract is by reference made a part
hereof, and is hereinafter referred to as the Contract.
1899451.5 Rev. Date: 6/13/12 Page 33 of 60
Energy Services Contract
The City of Dublin and Chevron Energy Solutions Company
LABOR AND MATERIAL PAYMENT BOND
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make
payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the
performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect,
subject, however, to the following conditions:
1. A claimant is defined as any person named in
California Civil Code section 3181.
The above named Principal and Surety
hereby jointly and severally agree with the
Owner that every claimant, as herein
defined, who has not been paid in full, may,
within the time period set forth in California
Civil Code section 3249, sue on this bond,
prosecute the suit to final judgment for such
sum or sums as may be justly due claimant,
and have execution thereon. The Owner
shall not be liable for the payment of any
costs or expenses of any such suit.
3. No suit or action shall be commenced
hereunder by any claimant:
a. Unless claimant shall have given
written notice in accordance with
California Civil Code sections 3227
and 3252.
b. After the time period set forth in
California Civil Code section 3249.
It is understood, however, that if
any limitation embodied in this bond
Signed and sealed this day of
(Witness)
(Witness)
is prohibited by any law controlling
the construction hereof such
limitation shall be deemed to be
amended so as to be equal to the
minimum period of limitation
permitted by such law.
C. Other than in a state court of
competent jurisdiction in and for the
county or other political subdivision
of the state in which the Project, or
any part thereof, is situated, or in
the United States District Court for
the district in which the Project, or
any part thereof, is situated, and not
elsewhere.
The amount of this bond shall be reduced by
and to the extent of any payment or
payments made in good faith hereunder,
inclusive of the payment by Surety of any
stop notices or mechanics' liens which may
be filed of record against said improvement,
whether or not claim for the amount of such
stop notice or lien be presented under and
against this bond.
2012.
(Principal)
(Surety)
1899451.5 Rev. Date: 6/13/12 Page 34 of 60
(Title)
(Seal)
(Title)
ATTACHMENT C
CUSTOMER'S FACILITIES & EXISTING EQUIPMENT
The existing Customer Facilities included in the Scope of Work below are:
Facility
Location
Equipment Effected
Swim Center
8157 Village Parkway
Filtration system
Irrigation
Pool Pump
Civic Center /Police Station
100 Civic Plaza
Lighting
HVAC
Irrigation
Main Switchgear
Urinals
Water fixtures
Fire Station 16
7494 Donahue Dr.
Irrigation
Lighting
Main Switchgear
Water main
Fire Station 17
6200 Madigan
Lighting
Main Switchgear
Fire Station 18
4800 Fallon Rd.
Lighting
Main Switchgear
Kolb
8020 Bristol Rd.
Irrigation
Library
200 Civic Plaza
Lighting
HVAC
Main Switchgear
Urinals
Water fixtures
Senior Center
7600 Amador Valley Blvd.
Lighting
Main Switchgear
Shannon Community Center
11600 Shannon Ave.
Main switchgear
Stagecoach
7598 Stagecoach Rd.
Irrigation
Stager Gym
6901 York Dr.
Main Switchgear
Street Lights
Citywide
Lighting circuits
1899451.5 Rev. Date: 6/13/12 Page 35 of 60
Energy Services Contract
The City of Dublin and Chevron Energy Solutions Company
ATTACHMENT D
SCOPE OF WORK
Energy Conservation Measures to Be Implemented
General:
Chevron ES shall provide design, engineering, and construction services as described in this Energy Services Contract
as necessary to implement the Scope of Work described herein:
Energy Conservation Measures:
ECM 1: Install Variable Frequency Drives and Controls on Fan Motors
Scope for Civic Center:
Modify the existing constant volume system by providing Variable Frequency Drives ( "VFDs ") for the ten supply fan
motors in the ten (10) Carrier 48MA units. Provide and install static pressure sensors on each unit to provide and
pressure indication to manage the speed of the supply fan motor. Provide and install in each of the fifty nine (59) zones
new temperature and CO2 sensors to provide an indication of the actual environment in the building. Temperature and
CO2 levels will provide the demand control information necessary to control the fifty nine (59) newly installed electric
dampers in the ductwork. Dampers will be operated to maintain set -point temperature within an acceptable range.
• Install new opposed blade damper in each zone supply duct with an electric actuator to be controlled by the new
DDC controls provided.
• Provide and install new thermostats and CO2 sensors to communicate with the controls and VFD operation on
each rooftop unit. VFDs will be installed in NEMA 3R enclosures without a by -pass.
• Network all units together for communication.
• Provide and install duct static pressure sensors for each unit to operate the VFDs and manage fan speed.
• Provide and install controls to manage the supply fans and zone operation.
• Provide and install front -end graphics and software for user interface.
• Commission the new controls.
Scope for Library:
Provide and install variable air volume system operation by installing Variable Frequency Drives on the supply fans and
the power exhaust fans. Provide and install controls to operate newly installed VFDs and sensors.
• Close the existing duct bypass on each AC unit and seal duct between supply and return mains.
• Install VFDs on each air conditioning unit to control both the supply air fan and power exhaust fan in NEMA 3R
enclosure.
• Provide and install new temperature sensors to accommodate the new control system.
• Provide and install new actuators on existing dampers fro economizer operation.
• Provide and install CO2 sensors in each of the 21 zones.
• Commission the new controls.
ECM 2: Install pool pump control at the Swim Center
Scope:
• Provide and install VFD pump controller.
• Provide and install flow meter on the discharge pipe of pump.
• Modify piping as needed to provide adequate length of straight pipe upstream and downstream of the flow
meters.
• Modify piping in boiler loop as necessary to ensure adequate water flow through the boiler when the pump
speed is reduced at night.
• Provide and install new pressure gauge in the suction and discharge of each pump.
ECM 3: Install a Sand Filtration System at the Swim Center
Scope of Work:
1899451.5 Rev. Date: 6/13/12 Page 36 of 60
Energy Services Contract
The City of Dublin and Chevron Energy Solutions Company
Remove existing pool filtration system and provide and install a fully- engineered Sand Filtration system, including new
pumps and piping. Replace existing filtration pumps with single pump. Re -plumb existing piping configuration to allow
for new filtration system and pumps. Core drill through existing concrete block wall to allow for new piping and sand
filtration system. The backwash port of the multi -port valves shall be tied into a single 6 -inch PVC line and terminated at
existing waste location. Return lines shall be run through existing block wall and tied into existing return lines. New PVC
pipe shall be adequately supported by galvanized strut and clamps. It is assumed that existing piping systems and
components which will be interconnected are adequate for continual service.
Provide and install one (1) filter pump, Paco type LC pump and Baldor strainer basket by Grundfos
Provide and install three (3) Pentair THS series horizontal sand filters and media, equipped with multi -port
valves
• Suitable mounting configuration for the new sand filter.
ECM 4: Streetliqht Liqhtinq Efficiency Upgrades
Scope:
Retrofit existing high pressure sodium cobrahead fixtures with new LED fixtures. Street light retrofits will include a new
photo- sensor and wattage label. A comprehensive as -built template provided by PG &E will be used to log the new LED
wattage replacement. This will allow PG &E to change each fixture to the new lower tariff rate.
Scope is applicable for 3,086 roadway fixtures listed on PG &E's LS2 -A BRIO street light inventory.
• Retrofit 1,251, 70w high pressure sodium cobra head street lights with LED
• Retrofit 758, 100w high pressure sodium cobra head street light with LED
• Retrofit 208, 150w high pressure sodium cobra head street light with LED
• Retrofit 723, 200w high pressure sodium cobra head street light with LED
• Retrofit 135, 250w high pressure sodium cobra head street light with LED
• Retrofit 6, 310w high pressure sodium cobra head street light with LED
• Retrofit 5, 400w high pressure sodium cobra head street light with LED
ECM 5: Interior and Exterior Lighting Efficiency Upgrades
Interior Lighting Upgrading to Existing Lamps and Ballasts Scope:
This scope of work is applicable for the following Buildings: Civic Center,; Fire Stations 16, 17, 18; Library; Senior Center.
Refer to table for quantities and fixtures.
• Retrofit existing linear 4 ft. linear fluorescent lamps and ballasts with third - generation, 28 -watt T8, long -life, 4 ft.
linear fluorescent, 4100 Kelvin lamps and ultra- efficient instant start and program start electronic ballasts.
• Areas with three (3) or four (4) older generation T8, 4 ft. fluorescent lamps and electronic ballasts will be
retrofitted with a specular reflector de -lamp kit, two (2) 4 ft. linear fluorescent 28 -watt T8, long -life, 4100 Kelvin
lamps and 2 -lamp, program start electronic ballasts.
• Existing T8 2 -ft U -tube fluorescent lamps will be replaced with two (2) 2 ft., 17w T8s, ultra- efficient electronic
instant -start ballasts and specular reflector de -lamp kit.
• Existing 2x2, 4 -lamp F1 7T8 recessed fixtures will be de- lamped to two (2) 2 ft. 17w T8's, third generation, long -
life fluorescents, ultra - efficient high- output instant -start electronic ballasts and specular reflector de -lamp kit.
• Replace incandescent PAR flood lamps with LED PAR LED flood lamps.
• Replace Halogen incandescent MR16 lamps with MR16 LED lamps.
• Install infrared occupancy sensor in rooms where specified with either a ceiling mount or wall- switch module.
Exterior Lighting Efficiency Upgrade Scope:
This scope of work is applicable for the following Buildings: Civic Center, and Library. Refer to table for quantities and
fixtures.
• Retrofit post -top parking lot high pressure sodium or metal halide fixtures with induction or LED retrofit kit (lamp
& ballast as specified).
1899451.5 Rev. Date: 6/13/12 Page 37 of 60
Energy Services Contract
The City of Dublin and Chevron Energy Solutions Company
Retrofit wall -mount high pressure sodium or metal halide fixtures with induction or LED retrofit kit (lamp & ballast
as specified).
Retrofit area flood high pressure sodium or metal halide fixtures with induction or LED retrofit kit (lamp & ballast
as specified).
Sensor Quantity by Site
Building
Wall
Ceiling
Civic Center
72
6
Fire Station 16
8
0
Fire Station 17
19
0
Fire Station 18
17
0
Library
48
3
Police Wing of Civic Center
0
7
Senior Center
11
1
total
175
17
Lighting Quantity by Site
Building
Retrofit Code
ECM Description
Total
CIVIC
CENTER
1383LED
RELAMP WITH LED 1383
48
15WLEDR30
LED 15WATT PAR30 SCREW IN
13
18WLEDPAR
NEW 18W PAR38 SCREW IN
10
1 L2T8
(1) 2' 17W T -8 Lamps, (1) Prog Start Elec Bal
7
1 L3T8
(1) 3'25W T -8 Lamps, (1) Prog Start Elec Bal
19
1 L4T8LP
(1) 4'28W T -8 Lamp, (1) LP Prog Start Elec Bal
2
2L2T8
(2) 2' 17W T -8 Lamps, (1) Prog Start Elec Bal
5
2L3T8
(2) 3'25W T -8 Lamps, (1) Prog Start Elec Bal
24
2L4T8LP
(2) 4'28W T -8 Lamps, (1) LIP Prog Start Elec Bal
194
2L4UT86
(2) 30W U -lamp w/ (1) Prog Start Elec Bal (2x2) 6 "-
LP
1
3L4T8LP
(3) 4'28W T -8 Lamps, (1) LP Prog Start Elec Bal
44
50WMHKIT
RETROFIT TO 50 MH
40
6L4T8LP
(6) 4' 28W T -8 Lamps, (2) LP Prog Start Elec Bal
9
CATHKIT
T -1 XTRABRIGHT COLD CATHODE KIT
15
NF150FLD
NEW 150 PS FLOOD KNUCKLE OPTION 1
10
NF3LT5HOPOLE
NEW 3L 54T5HO POLE HEAD
32
NF70INDCH
NEW INDUCTION COBRA HEAD 70W
6
CIVIC CENTER Total
479
FIRE
STATION 16
13WCFLDIM
13 WATT CFL DIM
2
15WLEDR30
LED 15WATT PAR30 SCREW IN
9
1 L4T8LP
(1) 4'28W T -8 Lamp, (1) LP Prog Start Elec Bal
11
2L2T8
(2) 2' 17W T -8 Lamps, (1) Prog Start Elec Bal
1
2L4T8LP
(2) 4'28W T -8 Lamps, (1) LP Prog Start Elec Bal
39
3WCCS1
3W COLD CATHODE SCREW IN
3
4L4T8LP
(4) 4'28W T -8 Lamps, (1) LP Prog Start Elec Bal
17
LEDMR16
LED MR16
8
NF26TBX
NEW FIXTURE FLOOD 26W TBX
2
NF3LT5HOPOLE
NEW 3L 54T5HO POLE HEAD
3
NF3LT5HOWP
NEW 3L 54T5HO WALL PACK
2
FIRE STATION 16 Total
97
FIRE
STATION 17
15WLEDR30
LED 15WATT PAR30 SCREW IN
2
1 L3T8
(1) 3'25W T -8 Lamps, (1) Prog Start Elec Bal
13
1899451.5 Rev. Date: 6/13/12 Page 38 of 60
1L4T8LP
27WCFL
2L4T8LP
3L4T8LP1O
4L4T8LP
8WLEDPAR20
FIRE STATION 17 Total
Energy Services Contract
The City of Dublin and Chevron Energy Solutions Company
(1) 4'28W T -8 Lamp, (1) LP Prog Start Elec Bal
1
27 WATT CFL
10
(2) 4'28W T -8 Lamps, (1) LP Prog Start Elec Bal
21
(3) 4'28W T -8 Lamps, (1) LP Elec Bal 10
17
(4) 4'28W T -8 Lamps, (1) LP Prog Start Elec Bat
50
LED 8WATT PAR20 SCREW IN
2
116
FIRE
STATION 18
1 L3T8
(1) 3'25W T -8 Lamps, (1) Prog Start Elec Bal
9
1 L4T8LP
(1) 4'28W T -8 Lamp, (1) LP Prog Start Elec Bal
1
27WCFL
27 WATT CFL
4
21-3T8
(2) 3'25W T -8 Lamps, (1) Prog Start Elec Bal
2
2L4T8LP
(2) 4'28W T -8 Lamps, (1) LP Prog Start Elec Bal
39
3L4T8LP1O
(3) 4'28W T -8 Lamps, (1) LP Elec Bal 10
4
4L4T8LP
(4) 4'28W T -8 Lamps, (1) LP Prog Start Elec Bal
32
6L4T8LP
(6) 4'28W T -8 Lamps, (2) LP Prog Start Elec Bal
3
FIRE STATION 18 Total
94
POLICE
WING OF
CIVIC
CENTER
1383LED
RELAMP WITH LED 1383
24
18WCF
18 WATT CF
4
11-2T8
(1) 2' 17W T -8 Lamps, (1) Prog Start Elec Bal
1
1 L4T8LP
(1) 4'28W T -8 Lamp, (1) LP Prog Start Elec Bal
1
1X8R4T8ELEC
1X8 Refl, (4)FO28, (1) T8 Prog Start Elec Ball LP
2
21-2T8
(2) 2' 17W T -8 Lamps, (1) Prog Start Elec Bal
5
21-3T8
(2) 3'25W T -8 Lamps, (1) Prog Start Elec Bal
18
2L4T8LP
(2) 4' 28W T -8 Lamps, (1) LP Prog Start Elec Bal
144
21-4UT86
(2) 30W U -lamp w/ (1) Prog Start Elec Bal (2x2) 6 "-
LP
4
3L4T8LP
(3) 4'28W T -8 Lamps, (1) LP Prog Start Elec Bal
17
4L4T8LP
(4) 4' 28W T -8 Lamps, (1) LP Prog Start Elec Bal
5
4L4T8LPI0
(4) 4'28W T -8 Lamps, (2) LP prog Start Elec Bal-
10
11
6L4T8LP
(6) 4'28W T -8 Lamps, (2) LP Prog Start Elec Bal
29
CATHKIT
T -1 XTRABRIGHT COLD CATHODE KIT
4
NF3LT5HOPOLE
NEW 3L 54T5HO POLE HEAD
13
NF3LT5HOWP
NEW 3L 54T5HO WALL PACK
3
NF42TBXWP
NEW 42 WATT TBX WALL PACK
2
POLICE WING Total
287
PUBLIC
LIBRARY
11-3T8
(1) 3'25W T -8 Lamps, (1) Prog Start Elec Bal
24
1 L4T8LP
(1) 4'28W T -8 Lamp, (1) LP Prog Start Elec Bal
92
21-3T8
(2) 3'25W T -8 Lamps, (1) Prog Start Elec Bal
12
2L4T8LP
(2) 4'28W T -8 Lamps, (1) LP Prog Start Elec Bal
18
3L4T8LP
(3) 4'28W T -8 Lamps, (1) LP Prog Start Elec Bal
18
PUBLIC LIBRARY Total
164
SENIOR
CENTER
11-3T8
(1) 3'25W T -8 Lamps, (1) Prog Start Elec Bal
40
1 L4T8LP
(1) 4'28W T -8 Lamp, (1) LP Prog Start Elec Bal
65
2L4T8LP
(2) 4'28W T -8 Lamps, (1) LP Prog Start Elec Bal
9
3L4T8LP
(3) 4'28W T -8 Lamps, (1) LP Prog Start Elec Bal
36
3L4T8LP1O
(3) 4'28W T -8 Lamps, (1) LP Elec Bal 10
14
6L4T8LP
(6) 4'28W T -8 Lamps, (2) LP Prog Start Elec Bal
9
1899451.5 Rev. Date: 6/13/12 Page 39 of 60
Energy Services Contract
The City of Dublin and Chevron Energy Solutions Company
EMC 6: Renewable Energy Measure: Photovoltaic Systems
LEDMR16
LED MR16
3
kWdc
NF100MH
NEW FLOOD KNUCKLE 100 MH
2
Civic Center
NF2LT5GRN
NEW 2L 54T5HO POLE HEAD GREEN
12
Hyundai, Trina,
NF3LT5GRN
NEW 3L 54T5HO WALL PACK GREEN
2
SENIOR CENTER Total
192
EMC 6: Renewable Energy Measure: Photovoltaic Systems
Scope of Work — General
Chevron ES shall provide installation of a solar photovoltaic (PV) system with a nominal capacity of 726 kWdc to be
constructed on eight sites within the City: Civic Center, Fire Station 16, Fire Station 17, Fire Station 18, Library, Senior
Center, Shannon Center, Stager Gym. Chevron ES installation includes detailed engineering, equipment procurement,
installation, interconnection to utility, system start -up and commissioning services.
Scope of work shall include:
• Preparation of design drawings from the Chevron ES standard Division of the State Architect DSA] pre -check
design package for submission to City Building Permit Department (Civic Center, FS16, FS17, FS18, Library,
Senior Center, Shannon), DSA (Stager Gym), and local utility interconnection permit.
• Final layout drawings for Fire Marshall and customer review.
• Geotechnical evaluations necessary for design requirements.
• Utility (PG &E) interconnection drawings and application management services.
• Rebate administrative services for the purpose of obtaining available CSI incentive, if any.
• Provide and coordinate with PG &E for the installation of the NGOM and NEM metering.
• Provide the CSI - required PMRS [monitoring for five (5) years.
• Procurement of materials and equipment necessary for construction.
• Labor, supervision and coordination with the City for the installation of photovoltaic modules and supporting
structures, electrical distribution and control systems, and one information kiosk.
• Installation of inverters and all necessary electrical equipment and conduits to connect to the electrical
switchgear or meter. Two electrical shut -downs are anticipated at each site. Time of shutdown to be
coordinated with the City, Facility Management, and PG &E and may include weekends.
• Solar canopy structure, which shall allow parking below and traffic circulation between canopies, shall be from
Chevron ES standard, painted, canopy structure height and pier depth of eight (8) foot deep and assumes no
de- watering, benching, shoring, or casing.
• Installation of new lighting fixtures mounted under new parking canopies.
• Roof mounted systems shall be standard attachment to standing seam roof and assumes no structural
modifications to building, roof repairs, or roof modifications. Additional costs for non standard attachment shall
be calculated based upon final design. Cost for roof mounting system requiring structural building modifications
shall be determined following final design.
1899451.5 Rev. Date: 6/13/12 Page 40 of 60
Location
Structure type
No. of arrays
kWdc
Panel type
Inverter Type
1
Civic Center
Canopy
6
288+3
Hyundai, Trina,
central or string
or equivalent
2
Fire Sta. 16
Roof
1
14+3
Hyundai, Trina
central or string
or equivalent
3
Fire Sta. 17
Canopy — tall T
1
39+3
Hyundai, Trina
central or string
, or equivalent
4
Fire Sta. 18
Canopy
1
24+3
Hyundai, Trina,
central or string
or equivalent
5
Library
Canopy
3 -4
180+3
Hyundai, Trina,
central or string
or equivalent
6
Senior Center
Roof
1
33+3
Hyundai, Trina,
central or string
or equivalent
7
Shannon
Canopy
2 -3
120+3
Hyundai, Trina,
central or string
Center
or equivalent
8
Stager Gym
Canopy
1
30+3
Hyundai, Trina,
central or string
or equivalent
Scope of Work — General
Chevron ES shall provide installation of a solar photovoltaic (PV) system with a nominal capacity of 726 kWdc to be
constructed on eight sites within the City: Civic Center, Fire Station 16, Fire Station 17, Fire Station 18, Library, Senior
Center, Shannon Center, Stager Gym. Chevron ES installation includes detailed engineering, equipment procurement,
installation, interconnection to utility, system start -up and commissioning services.
Scope of work shall include:
• Preparation of design drawings from the Chevron ES standard Division of the State Architect DSA] pre -check
design package for submission to City Building Permit Department (Civic Center, FS16, FS17, FS18, Library,
Senior Center, Shannon), DSA (Stager Gym), and local utility interconnection permit.
• Final layout drawings for Fire Marshall and customer review.
• Geotechnical evaluations necessary for design requirements.
• Utility (PG &E) interconnection drawings and application management services.
• Rebate administrative services for the purpose of obtaining available CSI incentive, if any.
• Provide and coordinate with PG &E for the installation of the NGOM and NEM metering.
• Provide the CSI - required PMRS [monitoring for five (5) years.
• Procurement of materials and equipment necessary for construction.
• Labor, supervision and coordination with the City for the installation of photovoltaic modules and supporting
structures, electrical distribution and control systems, and one information kiosk.
• Installation of inverters and all necessary electrical equipment and conduits to connect to the electrical
switchgear or meter. Two electrical shut -downs are anticipated at each site. Time of shutdown to be
coordinated with the City, Facility Management, and PG &E and may include weekends.
• Solar canopy structure, which shall allow parking below and traffic circulation between canopies, shall be from
Chevron ES standard, painted, canopy structure height and pier depth of eight (8) foot deep and assumes no
de- watering, benching, shoring, or casing.
• Installation of new lighting fixtures mounted under new parking canopies.
• Roof mounted systems shall be standard attachment to standing seam roof and assumes no structural
modifications to building, roof repairs, or roof modifications. Additional costs for non standard attachment shall
be calculated based upon final design. Cost for roof mounting system requiring structural building modifications
shall be determined following final design.
1899451.5 Rev. Date: 6/13/12 Page 40 of 60
Energy Services Contract
The City of Dublin and Chevron Energy Solutions Company
• Includes connection to one kiosk display installed at City Hall showcasing the solar PV technology, real time
tracking of production, savings and environmental benefits.
• All project management and construction management necessary for a full and complete installation.
• AutoCAD drawings and Operations & Maintenance Manuals upon project completion.
• Tree relocation of Ash and Locust at Civic Center and Library, to adjacent field site. All other trees shall be
removed.
• Miscellaneous backfill and restoration of landscaping in areas of work.
• Start -up, test, and commission the systems in accordance with design plan and applicable industry standards.
Beneficial Use and therefore Substantial Completion of PV Systems: Unless otherwise provided below, shall occur
when PG &E issues the Permission -To- Operate letter.
Project Schedule
Chevron ES shall incorporate in the Project Schedule reasonable allowances for:
• Securing permits and approvals, and required inspections
• Operations that cannot be suspended
• Delivery of materials and equipment
• Weather delays for conditions normal during the construction period
Assumptions, Exceptions, Exclusions:
• Time of work shall be normal business hours Monday through Saturday
• Chevron ES is not responsible for availability of rebates available through PG &E California Solar Initiative CSI
program.
• Work shall not include repairs, modifications, or upgrades to buildings or adjacent facilities not specifically
shown unless damaged during the construction process.
• Work shall not include excavation, re- grading, installation of drainage systems, shoring of unstable soil or
substructures.
• Work shall not include repair or upgrade of existing electrical, mechanical, or structural infrastructure.
• Work shall not include upgrades or modifications to existing non - compliant sites, structures or systems required
to meet governmentally mandated codes or specifications.
• Cost for pier depth beyond eight (8) feet shall be determined upon final design and is based upon prevailing soil
conditions, seismic and wind requirements, the presence of water, or undiscovered conditions such as
subsurface obstructions.
• Cost for Americans with Disabilities Act ADA accessibility upgrades to existing buildings or parking lots for path
of travel, if required, shall be calculated based upon final design.
• Remediation and /or removal of hazardous materials, hazardous wastes, or spoils Is not included in the scope of
work.
• California Environmental Quality Act CEQAjor other environmental studies, if required, shall be the responsibility
of the City.
• Public Hearings, if required, shall be the responsibility of the City.
• Access to the parking lots shall be blocked to public access during construction for safety.
• Maintenance and operations of the solar PV system, if requested by Customer, will be provided at additional
cost to be determined by the Parties.
• Right of Way at Stager Gym to be provided by the City.
Photovoltaic Project Layouts
1899451.5 Rev. Date: 6/13/12 Page 41 of 60
Energy Services Contract
The City of Dublin and Chevron Energy Solutions Company
Civic Center /Police Station
Fire Station 16
1899451.5 Rev. Date: 6/13/12 Page 42 of 60
Energy Services Contract
The City of Dublin and Chevron Energy Solutions Company
Fire Station 17
Fire Station 18
1899451.5 Rev. Date: 6/13/12 Page 43 of 60
Energy Services Contract
The City of Dublin and Chevron Energy Solutions Company
Senior Center
1899451.5 Rev. Date: 6/13/12 Page 44 of 60
Energy Services Contract
The City of Dublin and Chevron Energy Solutions Company
Shannon Community Center
Stager Community Gym
1899451.5 Rev. Date: 6/13/12 Page 45 of 60
Energy Services Contract
The City of Dublin and Chevron Energy Solutions Company
ECM 7: Install Irrigation Controllers:
Existing Equipment
Site
#
Site Name
Existing
Controller
#
WiredZones
Total
Controllers
1
Swim Center
Sentar II
22
1
2
Civic Center
Sentar II
68
3
3
Fire Station 16
Sentar II
7
1
4
Fire Station 17
DX2
25
1
5
Fire Station 18
DX2
24
1
6
Heritage Park & Museum
DX2
49
2
7
Library
DX2
52
2
8
Senior Center
DX2
34
1
9
Shannon Community Ctr
DX2
12
1
10
Bray Commons
DX2
66
2
11
Mape
DX2
29
1
12
Ted Fairfield
DX2
59
2
13
Emerald Glen
DX2
368
10
14
Stage Coach
RME
18
1
15
Kolb
Sentar II
30
1
Chevron ES shall provide all labor, materials, and supervision necessary to:
• Perform Site Investigations
• Review existing conditions and develop installation plan
• Equipment Installation
• Flow Sensor Master Valve Setup Confirmation and Learn Flows
• Confirmation All Flow Data Is Entered into the Central System
• Train City Irrigation Team on Equipment and Software
• All Irrigation controllers will be installed to code with appropriate wiring and grounding rods. Communication of
the controllers back to the central computer (or internet, if applicable) will be confirmed.
Site #
Site Name
Existing
Controller
# WiredZones
Total Controllers
1
Swim Center
Sentar II
22
1
2
Civic Center
Sentar II
68
3
3
Fire Station 16
Sentar II
7
1
All the DX2 controllers are already on the central system but are not being adjusted for ET. It appears all (or most) the
DX2 controllers also have Master Valves and Flow Sensors installed.
Scope:
Setup existing ET and Flow Sensing on three (3) DX2 controllers through existing Central Control.
Replace three (3) existing Sentar II controllers with new DX2 controllers and add them to the existing central system at
the following locations: Swim Center, Civic Center, Fire Station 16.
Optimize the system to control irrigation through central control.
Irrigation Optimization at the following sites:
• Community Center
• Fire Station 16
1899451.5 Rev. Date: 6/13/12 Page 46 of 60
Energy Services Contract
The City of Dublin and Chevron Energy Solutions Company
• Fire Station 17
• Fire Station 18
• Heritage Park
• Library
• Senior Center
• Bray Commons
• Mape
• Ted Farifield
• Emerald Green Pre - School
ECM 8: Water Fixture Replacements in City -owned Buildings
Scope:
• Provide and install pint flush urinals
• Provide and install 1.5 gpm showerheads.
• Provide and install aerators in all the bathrooms, it is recommended to replace any aerator with a flow over
1.5gpm to a low -flow 0.5gpm aerator.
• Civic Center
Existing Device
Retrofit Device
QTY.
1.5 gpf small urinal
1.0 pint small urinal
3
1.5 gpm sink aerators
0.5 gpm sink aerators
12
2.5 gpm shower heads
1.5 gpm shower heads
4
• Police Station
Existing Device
Retrofit Device
QTY.
1.0 gpf large /sm. urinal
1.0 pint large /sm. urinal
3
1.5 gpm sink aerators
0.5 gpm sink aerators
14
2.5 gpm shower heads
1.5 gpm shower heads
5
• Community Center
Existing Device
Retrofit Device
QTY.
1.0 gpf large /sm. urinal
1.0 pint large /sm. urinal
3
2.2 gpm sink aerators
0.5 gpm sink aerators
4
• Fire Station 16
Existing Device
Retrofit Device
QTY.
1.0 gpf large /sm. urinal
1.0 pint large /sm. urinal
2
1.5 gpm sink aerators
0.5 gpm sink aerators
5
2.5 gpm shower heads
1.5 gpm shower heads
3
• Fire Station 17
Existing Device
Retrofit Device
QTY.
2.0 gpm sink aerators
0.5 gpm sink aerators
8
2.5 gpm shower heads
1.5 gpm shower heads
4
1899451.5 Rev. Date: 6/13/12 Page 47 of 60
Energy Services Contract
The City of Dublin and Chevron Energy Solutions Company
• Fire Station 18
Existing Device
Retrofit Device
QTY.
2.2 gpm sink aerators
0.5 gpm sink aerators
5
2.5 gpm shower heads
1.5 gpm shower heads
2
• Heritage Park Museum
Existing Device
Retrofit Device
QTY.
1.0 gpf large /sm. urinal
1.0 pint large /sm. urinal
1
2.0 gpm sink aerators
0.5 gpm sink aerators
3
• Public Library
Existing Device
Retrofit Device
QTY.
1.0 gpf large /sm. urinal
1.0 pint large /sm. urinal
3
2.2 gpm sink aerators
0.5 gpm sink aerators
4
• Senior Center
Existing Device
Retrofit Device
QTY.
1.0 gpf large /sm. urinal
1.0 pint large /sm. urinal
2
2.2 gpm sink aerators
0.5 gpm sink aerators
4
Criteria for Achieving Beneficial Use:
CHILLER - Two weeks of uninterrupted supply of GPM flows within 10% of design values at a supply
temperature of 45 °F or lower. Uninterrupted operation is defined as: no involuntary shutdowns due to
mechanical difficulties. Flows shall be established by a test and balance report. Temperature performance
shall be established by EMS trend logs or by manual spot checks of a temperature gauge by a Chevron ES
employee.
ii) PUMP - Two weeks of uninterrupted supply of GPM flows within 10% of design values. Uninterrupted operation
is defined as: no involuntary shutdowns due to mechanical difficulties. Flows shall be established by a test and
balance report.
iii) MOTORS /VFDs /GENERATORS - Uninterrupted operation for a duration as necessary, with a maximum of 2
weeks, to determine proper operation.
iv) ENERGY MANAGEMENT SYSTEM - Two weeks of uninterrupted operation of controlled equipment while
providing reasonable comfort. Uninterrupted operation is defined as: no involuntary shutdowns due to control
problems. Reasonable comfort is defined as: maintaining occupied spaces controlled by the system within
+/- 4 degrees of setpoint. Comfort performance shall be established by EMS trend logs or by manual spot
checks of temperatures by a Chevron ES employee.
EXCLUSIONS
• Dewatering of piers
• Pier depth beyond 8 foot deep
• Piers requiring shoring /benching due to sandy soil
• Structural or seismic modifications to buildings, where code requirements have changed since installations
• Environmental Impact Reports
• EIR mitigations
• ADA accessibility upgrades to existing buildings, parking lots, or path of travel
1899451.5 Rev. Date: 6/13/12 Page 48 of 60
Energy Services Contract
The City of Dublin and Chevron Energy Solutions Company
• Upgrades to existing systems, where code requirements have changed
• Special Helicopter access
• Emergency ballasts
• Under cabinet linear fluorescent
• Existing occupancy sensors
• Faulty switch leg circuits
• Lighting circuit grounding
• Street light fuse
• Street light photo -cell receptacle
• Street light RP -8 light level for neighborhoods
• Repair or replacement of street light arm or pole
• Missing street light badge numbers
• Non -Cobra style decorative fixtures (LS2 -A) shall be retrofitted with Bridgelux LED module for cost, plus
mark -up
• Street lights not listed on BRIO street light inventory or above BRIO quantity shall be installed at cost, plus
mark -up
• Emerald Glen "Decorative" Post -top fixtures not included in scope.
• Overtime or weekend work
• DSA plan check fees
• DSA inspector costs
• Water hose bibs for washing the panels
• Decorative fascia along the perimeter of the panels or any decorative covering underneath the panels
• Repair or replacement of existing housekeeping pads, concrete pads, or base repair of existing walkway
lighting, except as noted
• Painting, unless specified
• Smoke detectors and fire alarm system work
Additional clarifications:
• Removal and disposal of hazardous materials, including asbestos containing materials, to be by the
Customer (except as noted above). If Chevron ES encounters material suspected to be hazardous,
Chevron ES will notify the Customer representative and stop further work in this area until the material is
removed.
• Chevron ES shall require the cooperation of Customer personnel to secure the area and to provide traffic
redirection during rigging operations and during the move -in and move -out of large equipment.
• No allowance has been made for structural upgrades to existing structures, except as noted.
• No allowance has been made for screening of new or existing equipment, unless specifically noted above.
• No temporary heating or cooling services have been included in the pricing. Chevron ES will attempt to
phase the construction in such a way as to avoid any complete interruptions of service.
• Chevron ES standard construction means & methods will be used.
• Customer will provide access to the facilities, laydown areas at the work sites, and a reasonable number of
parking spaces for Chevron ES and Chevron ES's subcontractor vehicles in parking lots at the respective
Facilities.
• All work will be performed during normal work hours; no overtime hours are included in this proposal unless
otherwise stated. The lighting retrofit work will be performed so as not to unreasonably interfere with the
building schedule.
• The Scope of Work assumes that, unless specifically identified otherwise, all existing systems are
functioning properly and are up to current codes. Chevron ES shall not be responsible for repairs or
upgrades to existing systems, other than those specifically identified herein. No allowances have been
made to bring existing systems up to code.
• No allowance has been made to repair or replace damaged or inoperable existing equipment that is not
specifically being replaced under the Scope of Work. When such items are discovered, Chevron ES will
immediately notify the Customer representative.
1899451.5 Rev. Date: 6/13/12 Page 49 of 60
Energy Services Contract
The City of Dublin and Chevron Energy Solutions Company
• No allowance has been made for underground obstructions or unsuitable soil conditions encountered
during trenching or other excavation.
• The PV shade structure is not weather tight and will not provide shelter from rain.
• Chevron ES has assumed project construction will be allowed to proceed smoothly and in a continuous
flow. No allowance has been made to demobilize and remobilize resources due to schedule interruptions.
• Temporary utilities to be provided by Customer at no cost (trailer power, phone lines, construction power,
etc.).
1899451.5 Rev. Date: 6/13/12 Page 50 of 60
Energy Services Contract
The City of Dublin and Chevron Energy Solutions Company
ATTACHMENT E
PROJECT SCHEDULE
After contract execution, the Chevron ES Construction Manager will develop, with input from the Customer's staff, a
master Microsoft Project® schedule. The project team will establish a weekly construction meeting at which time the work
of the previous week will be reviewed, and a two week look ahead will be coordinated. The Microsoft Project® schedule
will be updated on a monthly basis. At this time, Chevron ES estimates that after contract execution, the issuing of
subcontractor contracts, design, engineering, mobilization, construction, and commissioning /turnover will take [0]
months.
1899451.5 Rev. Date: 6/13/12 Page 51 of 60
Energy Services Contract
The City of Dublin and Chevron Energy Solutions Company
ATTACHMENT
PROGRESS PAYMENT SCHEDULE
Comprehensive Energy Analysis Consulting Fee
$ 55,000.00
Mobilization Fee
$ 2,229,292.50
Remaining Implementation Cost
$ 5,146,682.50
Contract Amount
$ 7,430,975.00
1899451.5 Rev. Date: 6/13/12 Page 52 of 60
Energy Services Contract
The City of Dublin and Chevron Energy Solutions Company
ATTACHMENT G
STANDARDS OF OCCUPANCY & CONTROL (NOT APPLICABLE ® WILL DELETE FOR FINAL)
1899451.5 Rev. Date: 6/13/12 Page 53 of 60
Energy Services Contract
The City of Dublin and Chevron Energy Solutions Company
ATTACHMENT H
SAVINGS MEASUREMENT & VERIFICATION PLAN
The following details the methodologies and calculations to be used in determining the Energy Unit Savings under this
Contract.
Facility or
ECM
Measurement & Verification Method Options
Fire
Station
16,
Electric Usage
Fire
Station
'18
Library
Senior
Center
Civic Center
M &V Option B - PV
Jan
15,524
794
Fire Station 16
M &V Option B - PV
9,793
1,825
6,254
Fire Station 17
M &V Option B - PV
19,716
1,005
2,454
Fire Station 18
M &V Option B - PV
2,227
8,024
2,075
Library
M &V Option B - PV
1,741
4,402
2,854
Senior Center
M &V Option B - PV
14,116
3,613
Apr
Shannon
Center
M &V Option B - PV
5,340
3,392
25,667
Stager Gym
M &V Option B - PV
4,279
May
50,073
1. M &V Option B: Energy savings performance of Scope of Work are measured and verified at the end -use site.
Option B techniques are designed for projects where long -term continuous measurement of performance is
desired and warranted. Under Option B, while some parameter may be stipulated or measured once then
stipulated, some individual loads are continuously monitored to determine performance; and this measured
performance is compared with an equipment -use Baseline to determine the Energy Unit Savings.
a. EC Savings will be determined by multiplying the Energy Unit savings by the applicable Base Energy
Rate. EC Savings will be calculated and presented in ongoing reports. During the Construction Period,
the EC Savings will be calculated by adding the production measured for the period between
Substantial Completion or Beneficial Use of the EC Measure and the M &V Commencement Date.
b. Table H -2 shows the monthly generation by site and will only be used if data collection fails for a
period. The production is aggregated for the entire project.
c. No baseline measurements are necessary because pre - retrofit PV production is zero. Kilowatt -hours
produced by the PV system will be measured using automated metering. Measured interval production
kilowatt -hours will be compared against production shown on the monthly utility bills and any
differences will be reconciled. Projected kWh production is shown in the table below at 95% of
expected production, using degradation factor of 0.7% per year.
Table H -2: Photovoltaic First Year Production
Month
Gvic.
Center
Fire
Station
16,
Fire
Station
17=
Fire
Station
'18
Library
Senior
Center
Shannon
Center
Stager
Gym
Jan
15,524
794
1,889
1,278
9,793
1,825
6,254
1,637
Feb
19,716
1,005
2,454
1,628
12,429
2,227
8,024
2,075
Mar
34,445
1,741
4,402
2,854
21,662
3,701
14,116
3,613
Apr
40,918
2,055
5,340
3,392
25,667
4,305
16,823
4,279
May
50,073
2,494
6,644
4,153
31,300
5,162
20,586
5,214
Jun
52,085
2,587
6,960
4,321
32,565
5,272
21,465
5,427
Jul
51,701
2,567
6,894
4,288
32,276
5,296
21,234
5,374
Aug
46,893
2,333
6,163
3,890
29,335
4,884
19,224
4,891
Sep
37,830
1,900
4,868
3,136
23,738
4,068
15,466
3,959
Oct
26,116
1,322
3,295
2,158
16,388
2,958
10,578
2,737
Nov
18,783
962
2,274
1,551
11,867
2,190
7,592
1,984
Dec
15,994
820
1,908
1,319
10,102
1,922
6,417
1,690
1899451.5 Rev. Date: 6/13/12 Page 54 of 60
Energy Services Contract
The City of Dublin and Chevron Energy Solutions Company
IM �smth
Civic
Fire
Station,
Fire
Station
Fire
Station
Library
Senior
Sharman
Stager
1,000, 789
Center
J 16
17 �� �
'�
8
Center
Center
Gym
Total
410,078
20,580
53,091
33,968
257,122
43,810
167,779
42,880
2. Base Energy Rates: EC Savings shall be calculated using the Base Energy Rates.
The Base Energy Rates listed here are to be increased each Measurement Period on a cumulative basis by four
percent (4 %) beginning on the first anniversary of the M &V Commencement Date and continuing on the first day
of each Measurement Period thereafter.
Building or ECM $ per kWh
Solar PV $0.171
3. Annual Guarantee Fee shall be $17,700.
The Annual Guarantee Fee listed here are to be increased each Measurement Period on a cumulative basis by
three percent (3 %) beginning on the first anniversary of the M &V Commencement Date and continuing on the
first day of each Measurement Period thereafter.
4. Guaranteed Production
The Guaranteed Production is listed below and is degraded by .7% each year.
Guaranteed
Year Production in kWh
1
1,029, 308
2
1,022,103
3
1,014,948
4
1,007,844
5
1,000, 789
6
993,783
7
986,827
8
979,919
9
973,060
10
966,248
1899451.5 Rev. Date: 6/13/12 Page 55 of 60
Energy Services Contract
The City of Dublin and Chevron Energy Solutions Company
ATTACHMENTI
LIST OF INCENTIVES
I IENTC1/E
......... ..................
......... ......... ................
YR 1 LIGHTING /UTILITY REBATES
$278,295
YR 1 CSI Incentive (0.088 per kWh)
$90,579
YR 2 CSI Incentive (0.088 per kWh)
$89,945
YR 3 CSI Incentive (0.088 per kWh)
$89,315
YR 4 CSI Incentive (0.088 per kWh)
$88,690
YR 5 CSI Incentive (0.088 per kWh)
$88,069
Total Incentives
$724,893
1899451.5 Rev. Date: 6/13/12 Page 56 of 60
Energy Services Contract
The City of Dublin and Chevron Energy Solutions Company
ATTACHMENT
MONITORING INSTALLATION SCOPE OF WORK
Overview of DAS Network Installation & Equipment Requirements
Chevron ES will provide a revenue -grade billing, data acquisition system (DAS). This will provide readily available
access to various internal and external information collected on the distributive generation (i.e., solar PV) plant.
Chevron ES DAS Monitoring Installation:
• Supply and install hardware specific to the DAS system.
• Supply and install, terminate, label, and test all Data Point of Connection (DPOC) communication cabling from
each DAS node to the predetermined and respective DPOC(s); in accordance with Customer's specifications.
• Test and verify Customer /Facility network connectivity.
a. TCP /IP internal addressing and verification
• Supply, install, and configure a Modbus based digital Net Energy Meter (NEM).
• Connect the data portion of digital NEM(s) to their respective DPOC(s).
• Supply, install, and configure a Modbus based digital Net Generation Output Meter (NGOM).
• Perform the physical installation, labeling, testing and certification testing of each data circuit from the digital
NEM(s) to their respective DPOC(s).
• Provide basic system training to designated Customer /Facility maintenance staff.
Customer /Facility Responsibilities:
• Provide four (4) external static IP addresses, subnet mask default gateway, and DNS - information to allow
remote access to DAS panel(s).
• Provide network connectivity to each DAS panel location.
• Provide Chevron ES five (5) business days prior notification of any IP addressing scheme changes or changes
made to restrict network access to ensure maximum uptime is maintained.
1899451.5 Rev. Date: 6/13/12 Page 57 of 60
Energy Services Contract
The City of Dublin and Chevron Energy Solutions Company
ATTACHMENT K
PREVENTIVE MAINTENANCE
EQUIPMENT AND FACILITIES COVERED
Chevron ES shall perform Preventive Maintenance Services ( "PM Services ") as defined in this Attachment K with
respect to Generating Facilities being constructed on Customer's property at the Project Locations shown in attachment
C.
I. Term
So long as Customer pays to Chevron ES the Annual Maintenance Fee, Chevron ES will provide the PM Services, as
described herein, up to ten (10) years from the M &V Commencement Date on an annualized basis. Customer has 30
days from SUBSTANTIAL Completion to notify CES regarding acceptance of PM services. At the end of this term, the
Customer may:
a. Enter into another agreement with Chevron ES to perform PM Services
b. Enter into an agreement with another service provider
c. Self perform preventive maintenance
II. Annual Maintenance Fee; Reporting
The Annual Maintenance Fee for the first Measurement Period shall be invoiced by Chevron ES to the Customer in a
lump sum on the M &V Commencement Date. All subsequent Annual Maintenance Fees will be invoiced by Chevron ES
on the first day of the corresponding Measurement Period. The Customer, or its designee, shall pay Chevron ES such
Annual Maintenance Fee, without any retention amount withheld, within thirty (30) calendar days after its receipt of the
corresponding invoice. Unless the Customer gives Chevron ES prior written notice of its intent to terminate the PM
Services, any failure to timely pay the Annual Maintenance Fee in accordance with this Attachment K shall be a material
default by Customer under the Contract, and Chevron ES, in addition to any other legal, contractual and equitable
remedies available to it, shall have no obligation thereafter to provide PM Services.
Any amount not paid when due shall, from and after the due date, bear Interest. Accrued and unpaid Interest on past
due amounts (including Interest on past due Interest) shall be due and payable upon demand.
The Annual Maintenance Fee is not refundable for any reason.
Upon completion of any maintenance or repair work, Chevron ES will update service logs detailing the work performed,
location and any notes relevant to safe and efficient operations. These service logs will be compiled and submitted to the
Customer on a quarterly basis.
If Chevron ES is no longer the provider of PM Services, the Customer's new provider will maintain similar service
logs. Chevron ES shall have reasonable access to inspect service logs to determine that adequate PM Services are
being performed.
III. Preventive Maintenance Services Provided
Chevron ES will provide the following Services during the term:
a. System Inspection
1. Inspect PV modules, roof penetrations and support structure on an annual basis.
2. Inspect electrical connections at combiner boxes and exposed wiring on an annual basis.
3. Perform voltage testing, amperage testing, and infrared scans of inverters, combiner boxes, disconnects and
switchgear on an annual basis.
b. Solar Panel Cleaning
1. Wash PV modules to remove accumulated dust and debris on an annual basis.
c. Inverter Maintenance
1. Perform manufacturer's schedule of preventive maintenance tasks. These tasks may include, without limitation,
filter cleanings, fuse inspection, terminal and electrical power connection torquing.
1899451.5 Rev. Date: 6/13/12 Page 58 of 60
Energy Services Contract
The City of Dublin and Chevron Energy Solutions Company
2. Remove dust, dirt, and debris from outside cabinets of inverters, transformers, and disconnect switches on an
annual basis.
d. Performance Monitoring
1. Monitor the Generating Facility for performance degradation and abnormal operating conditions, In the event a
problem is detected, Chevron ES will immediately notify the Customer. The Customer may then authorize
further trouble- shooting or Repair Services.
IV. Repair Services
a. If a Generating Facility is determined to have experienced a performance degradation or abnormal operating
conditions and upon Customer authorization, Chevron ES shall provide repairs as required to restore the Generating
Facilities to normal operating parameters or to replace deteriorated, damaged, parts and equipment. The Customer
shall compensate Chevron ES for such repairs /replacement on a time and material basis, with Chevron ES providing
back -up detail for its costs and expenses, multiplied by 1.15. Chevron ES shall pursue and administer any and all
warranty claims (including processing of paperwork, managing subcontractors and replenishment of spare parts) for
any Repair Services.
b. "Repairs" will include any of the following as necessary: Procuring parts or materials, removing damaged or out -of-
specifications parts or materials, installing repaired or replacement parts or materials, and testing.
c. Chevron ES shall provide a written report to Customer within 10 business days following the completion of any work
performed under this article.
V. Services And Equipment To Be Covered By Customer
Chevron ES's obligations under this Attachment K are expressly conditioned upon Customer's payment of the Annual
Maintenance Fee and providing and being responsible for the following, without cost to Chevron ES:
a. The Generating Facilities described herein shall be made available to Chevron ES as of the Effective Date of the
Contract.
b. Operate and maintain security systems associated with Generating Facilities.
c. Customer shall be responsible for maintenance of all landscaping in and around Generating Facilities including tree
trimming.
d. Allowing Chevron ES and its personnel access as necessary to the Generating Facilities, and any related areas that
may be reasonably necessary for performance of the PM Services, including reasonable work, parking, and
equipment staging areas.
e. Allowing Chevron ES and its personnel to access electrical power and other utilities then existing at the Generating
Facilities as necessary for Chevron ES to satisfy its obligations under the Contract, all free of charge to Chevron ES.
f. Customer shall be responsible pursuant to Applicable Law for the remediation of any known Hazardous Substances
encountered by Chevron ES during the performance of the PM Services which Hazardous Substances were not
deposited by Chevron ES, including any backfill with clean soil as may be reasonably required.
g. Customer shall insure the Generating Facilities against loss due to acts of God and the public enemy; flood,
earthquake, tornado, storm, fire; civil disobedience, sabotage, and vandalism.
h. Chevron ES shall have no obligation to provide the PM Services to the extent such provision of PM Services is
materially adversely affected by Customer's failure to satisfy the conditions set forth in this Attachment K.
1899451.5 Rev. Date: 6/13/12 Page 59 of 60
Energy Services Contract
The City of Dublin and Chevron Energy Solutions Company
Year
O &M Fee
1
$15,730
2
$16,202
3
$16,688
4
$17,189
5
$17,704
6
$18,235
7
$18,782
8
$19,346
9
$19,929
10
$20,524
1899451.5 Rev. Date: 6/13/12 Page 60 of 60
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RESOLUTION NO. XX - 12
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * **
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
WHEREAS, the City of Dublin approved an Energy Audit Agreement with Chevron
Energy Solutions Company in May of 2011; and
WHEREAS, a comprehensive energy audit was conducted on City facilities to determine
the feasibility of various energy efficiency improvements ( "the Projects "); and
WHEREAS, State law allows the City to enter into an Energy Service Contract if the
anticipated cost for alternative energy equipment and associated conservation measures will be
less than that of non - renewable energy that would have been consumed otherwise; and
WHEREAS, the cost to the City of the Energy Service Contract by and between the City
and Chevron Energy Solutions for the implementation of certain energy measures for electrical
energy generation or conservation services will be less than the anticipated marginal cost of
electrical energy that would have been consumed by the City absent the implementation of the
improvements under the Energy Service Contract; and
WHEREAS, the construction of the projects will depend on the City's ability to finance the
costs; and
WHEREAS, the City's debt service commitment will be paid from the anticipated savings
generated by the more efficient systems that will be built under this program; and
WHEREAS, Chevron Energy Solutions will provide the City with an option to guarantee
that the savings generated by the reduction in energy usage as a result of these projects will be
sufficient to pay the City's' debt service commitment.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
hereby finds as follows:
1. The anticipated cost of the electrical energy produced by the Projects combined with
the savings resulting from the energy conservation that will result from the Projects will be less
than the anticipated marginal cost to the City of Dublin of procuring electrical energy that would
otherwise by consumed in the absence of the Projects.
2. It is in the best interests of the City of Dublin to enter into a facilities financing contract
substantially in the form presented to the City Council.
3. Funds for the repayment of the financing contract are projected to be available from
revenues resulting from funding that otherwise would have been used for the purchase of
electrical energy in the absence of the Projects.
ATTACHMENT 6
BE IT FURTHER RESOLVED that the City Council of the City of Dublin hereby approves
an Energy Service Contract ( "Agreement ") with Chevron Energy Solutions Company, 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.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin hereby approves
and accepts the Lease terms presented by US Bank and authorizes Staff to negotiate the final
terms and amount to be financed, for the implementation and funding of the energy related
improvements.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
Agreement with Chevron Energy Solutions Company and an associated financing contract
substantially in the form presented, with the technical, clarifying and conforming changes as
shall be approved by the City Attorney and /or the City Manager and to execute such other
documents and perform such other actions as are necessary to perform the City's obligations as
set forth in the Agreement.
PASSED, APPROVED AND ADOPTED this 19th day of June, 2012, by the following
vote:
AYES-
NOES-
ABSENT-
ABSTAIN-
ATTEST-
City Clerk
Mayor
ATTACHMENT 6