HomeMy WebLinkAboutReso 110-23 Approving a Second Amendment to the Energy Saving Performance Contract with Willdan Energy Solutions for the Citywide Energy Improvements Project, CIP No. GI0121
Reso. No. 110-23, Item 4.6, Adopted 10/17/2023 Page 1 of 2
RESOLUTION NO. 110 – 23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A SECOND AMENDMENT TO THE ENERGY SAVINGS PERFORMANCE
CONTRACT WITH WILLDAN ENERGY SOLUTIONS FOR THE CITYWIDE ENERGY
IMPROVEMENTS PROJECT, CIP NO. GI0121
WHEREAS, on November 16, 2020, the City Council approved a Design-Build Energy
Savings Performance Contract with Willdan Energy Solutions to proceed with an Investment
Grade Audit to develop energy efficiency and infrastructure improvement projects; and
WHEREAS, June 21, 2021, the City Council received a presentation of the results of the
Investment Grade Audit, recommended projects to implement, and directed Staff to proceed with
the list of recommended projects for implementation; and
WHEREAS, on July 20, 2021, the City Council approved an amendment to the Design-
Build Energy Savings Performance Contract to proceed with the second phase, project
implementation, and to construction the energy reduction, core facility infrastructure, and
resiliency upgrade projects; and
WHEREAS, during final design, permitting, and construction of several projects, it was
determined that additional work to existing City facilities in support of the new improvements is
needed; and
WHEREAS, during construction, the City of Dublin became eligible for Department of
Energy, State and Community Energy Program, Energy Efficiency and Block Grant Program funds
in the amount of $127,203, which can be used to support the purchase and installation of electric
vehicle charging stations as part of the Citywide Energy Improvements Project, CIP No. GI0121;
and
WHEREAS, a second amendment to the Design-Build Energy Savings Performance
Contract is required to add, modify, or make changes to the scope of work.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the second amendment to the Energy Savings Performance Contract with Willdan
Energy Solutions, attached hereto as Exhibit A to this Resolution.
BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute
Exhibit A, and make any necessary, non-substantive changes to Exhibit A to carry out the intent
of this Resolution.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby
authorize use of available funds from the Citywide Energy Improvements Project, CIP No. GI0121,
and adopted budget for Fiscal Year 2023-24 for the additional improvements.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby
authorize the City Manager or designee to approve Contract Change Orders with Willdan Energy
Solutions.
DocuSign Envelope ID: 504F8FEF-55B2-444E-AC31-81655F27BDD6
Reso. No. 110-23, Item 4.6, Adopted 10/17/2023 Page 2 of 2
PASSED, APPROVED AND ADOPTED this 17th day of October 2023, by the following
vote:
AYES: Councilmembers Hu, Josey, McCorriston, Qaadri and Mayor Hernandez
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
DocuSign Envelope ID: 504F8FEF-55B2-444E-AC31-81655F27BDD6
City of Dublin : Energy Savings Performance Contract | Page 1
EXHIBIT A PERFORMANCE CONTRACT AMENDMENT
This Second Amendment is incorporated into the accompanying Energy Savings Performance Contract dated the 20th day of
November, 2020 and first Amendment, dated July 27, 2021, (collectively, the “Agreement”) for the following:
PROJECT: City of Dublin Energy Reduction, Core Facility Infrastructure & Resiliency Upgrades
THE CUSTOMER: City of Dublin
THE PERFORMANCE CONTRACTOR: Willdan Energy Solutions, Inc. (WES)
The Customer and Performance Contractor hereby amend the Agreement as follows.
1.CHANGE IN SCOPE OF WORK:
a)Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter
materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition,
or deletion is approved in advance and in writing by a valid, mutually-agreed amendment or Contract Change Order
executed by the Parties.
b)WES specifically understands, acknowledges, and agrees that the Customer shall have the right to request any reasonable
alterations, deviations, reductions, or additions to the Project which are consistent with the agreed Scope of Work, and the
cost thereof shall be added to or deducted from the amount of the Contract Price by mutual agreement.
c)WES also agrees to provide the Customer in the form of a Proposed Change Order, as defined below, with all information
requested to substantiate the cost of the amendment or Contract Change Order and to inform the Customer. In addition to
any other information requested, WES shall submit, prior to approval of the amendment or Contract Change Order, its
request for a time extension (if any), as well as all information necessary to substantiate any alleged delay in the completion
of the Work
2.PROPOSED CHANGE ORDER
a)Definition of Proposed Change Order. A Proposed Change Order (“PCO”) is a written request prepared by WES requesting
that the Customer issue an amendment or Contract Change Order (“CCO”) based upon a proposed change to the Work.
b)Changes in Contract Time. A PCO shall also include any changes in time required to complete the Project.
This Second Amendment to the Agreement entered into as of the day and the year first written above.
WES CUSTOMER
Signed Signed
Name Name
Date Date
5484718.2
Exhibit A
DocuSign Envelope ID: 504F8FEF-55B2-444E-AC31-81655F27BDD6