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11. Federal stimulus funding Energy & SiemensOFFICE OF THE CITY ~AANAGER CUPERTIN4 CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 950143255 TELEPHONE: (408) 777-3212 • FAX: (408) 777-3366 SUMM~-RY Agenda Item No. Meeting Date: June 16, 2009 SUBJECT Authorize the City Manager to apply for Federal stimulus funding from the Department of Energy (DOE) through the Energy Efficiency and (conservation Block Grant (EECBG) program and enter into an agreement with Siemens to perfoixn a Detailed Energy and Water Audit of city facilities and grounds. BACKGROUND EECBG Overview ' In February 2009 the United States Congress funded the Department of Energy (DOE} Energy Efficiency and Conservation Block Grant (EECBG) program as part of the American Recovery and Reinvestment Act {ARRA). The purpose of the: EECBG program is to assist eligible entities in implementing strategies to reduce fossil fuel emissions within their jurisdictions, reduce total energy use, and improve energy efficiency in the transportation building and other appropriate sectors. Of the $3.2 billion allocated to the EECBG prograrn, Congress designated $2.6 billion for 2800 formula grants to eligible states, U.S, territories, local governments and Indian tribes. The remainder of the funds will be made available throixgh competitive grants. Based on population, the City of Cupertino is eligible to receive $526,200 through its formula grant allocation, though the city may also apply for a competitive grant thrc~ugh the EECBG program. The City must submit an application to the Department of Energy detailing a plan for the use of its formula grant funds by June 25, 2009. The application must include an Energy Efficiency and Conservation Strategy (EEGs} that describes how the funds will be used, leveraged, sustained, and accounted for by the City. The DOE must review applications within 120 days from the date of submission. Applicants whose plans are not approved will be given feedback and ~~ffered the opportunity to resubmit their . proposals. The funds will be disbursed following DOE approval of the application and EECS. Further information on EECBG program guideline: and measurement and reporting requirements are provided in Attachments A and B. 11-1 June 16, 2009 Page 2 The City anticipates the following timeline for its EECBG application: • 3une 2Sth, 2009 -EECBG application deadline, Cupertino submits required documentation including its Energy Efficiency and Conservation Strategy. • October 22"d, 2009 -Deadline for DOE Secretary review application package and allocate funds (appx. 120 days after receipt). • February 25th, 2010 -Deadline for Cupertino to submit finalized Energy Efficiency and Conservation Strategy (if requested by DOE -appx. 120 days after funding allocation). Project Review Process Over the past decade, the City of Cupertino has implemented many energy conservation and cost-saving measures, allowing the city to consistently maintain its energy consumption despite a growth in staffing and increase in facility hours, as illustrated by the facility energy consumption graphics provided in Attachment C. In an effort to review opportunities to accelerate conservation activities throughout the city while establishing a process to achieve burgeoning regulatory requirements established by AB32 {Attachment D}, since January 2009, city staff has explored utilizing energy service companies in conjunction with a performance contract. A performance contract is a process through which the City can use future energy cost savings to finance installation ofenergy-saving improvements to city facilities. The performance contract methodology has been used successfully by hundreds of local government agencies across the United States to implement energy and cast-saving projects that otherwise would require use of capital improvement funds. Examples of facility improvements enabled by performance contracting include but are not limited to, street lighting retrofits, chiller and boiler replacements, modern irrigation controls and fixture replacements, and installation of solar facilities.(Attachment E) Performance contracting bundles these individual energy conservation, water conservation, and renewable energy generation components together into a comprehensive "clean energy" project that can be quantified, financed and implemented as an integrated program, with a reasonable pay-back duration. Additional information on performance contracting is provided in Attachment F. Energy Savings Performance Contract Through a competitive RFP process, a team comprised of members from Environmental Affairs Division and Public Works Department recommends Siemens as its partner to first conduct a Detailed Energy Audit (DEA) and develop an Energy Savings Performance Contract (ESPC) based on the findings of the DEA (Attachment G). Upon approval of the performance contracting approach by city council, staff will submit the application for the EECBG. The City Manager will enter into a Letter of Intent with Siemens, which describes the scope and parameters of the DEA (Attachment IT), and commits the City to a cost for the DEA of $74;400. Cupertino currently spends $1.3 Million per year on utility costs including electricity, gas and water. Allocating 5% of this annual cost to evaluate facility upgrades will allow staff, led by Siemens, to design facility energy, water and cost savings measures and create greenhouse gas reductions benchmarks required by AB32. Furthermore, the cost of the DEA will be absorbed by the very first year of savings introduced by the performance contract, as a preliminary study 11 -2 June 16, 2009 Page 3 estimates that through improvements, retrofits, or upgrades that Cupertino may be able to save $194,000 per year, or 15% of utility costs. EECBG funds are required to be allocated by the L>epartment of Energy within .120 days of receipt of Cupertino's application package. The D:EA will be initiated once funds are allocated to the city, to be followed by the performance contract. In addition, Siemens will assist with the completio~i of the appropriate applications .federal stimulus funding, specifically the Energy Efficiency Community Block Grant (EECBG} program. Capital contribution to the project from federal stimulus funds is anticipated to be approximately $430,000, with the remaining $96,2~~0 allocated to internal administrative and project management costs. Detailed Energy Audit Phase: A detailed energy study is necessary to provide the City of Cupertino with a fnal proposal for capital improvements resulting in energy and resource savings for the City's facilities and systems (Attachment T). At a minimum, the following energy conservation, water conservation and renewable energy generation measures will be analyzed: Location: Facility Improvement Measure: City Hall Quinlan Com- munity Center Carp Y~~rd Sports Center Senior Center Monte Vista Rec Center Biack- berry Farm Poot Interior Li tin x x x x x x Exterior Li tin x x x x x x Ener M t S stem x x x x x x Premium Efficient Motors x x Solar PV x. x x x Solar Thermal X x x x x Irri ation -- ci -wide -- Street & Park Li htin -- ci -wide - Implementation Phase: Allowing sufficient time for development of the project implementation proposal, developing the financing package, and negotiating the contract, co~istruction could begin by January 2010. The duration of the implementation phase will depend cn the facility improvement measures ultimately selected by the City for implementation, but one year is typical. The EECBG program requires funds to be expended within three years of issuance. Guarantee Phase: Specifications for the Guarantee Phase, will be developed jointly by Siemens and city staff. Monitoring and Verifications (M&V) activities are typically focused on the first several years after implementation, but may range from no M&V activities at all, to M&V activities that extend for the entire duration of the project financing. 11 -3 June 16, 2009 Page 4 Staff Recommendation Authorize the City Manager to apply for Federal stimulus funding from the Department of Energy (DOE} through the Energy Efficiency and Conservation Block Grant (EECBG) program and enter into an agreement with Siemens to perform a Detailed Energy and Water Audit of city facilities and grounds. Should the EECBG grant application be successful, staff will return to council in order to consider acceptance of grant funding and its conditions, and in order to execute an energy service agreement with Siemens. Submitted by: Approved for submission to the City Council: Erin oake, nvironmental Affairs David W. Knapp, City Manager Attachments A -EECBG Eligible Activities B -EECBG Program Guidelines, Measurement and Reporting C -Cupertino Facility Energy History Graphs D - AB32 Summary E -Initial EECBG Project List F -Energy Savings Performance Contract Summary G -Siemens Overview of Qualifications H -Draft Letter of Intent I -Detailed Energy Audit Summary 11 -4 June 16, 2009 page 5 Attachment A EECBG ELIGIBLE ACTIVITIES Source: US Department of Energy ~www.eecbg.energy.gov) 1. Development of an Energy Efficiency and Conservation Strategy: Entities may use a grant received under this part to develop and/or implement a strategy for energy efficiency and conservation and to carry out activities to achieve: the purposes of the program. All entities receiving direct formula. grants from the DOE aze required to submit a proposed strategy for approval. 2. Technical Consultant Services: Entities may retain technical consultant services to assist the eligible entity in the development of such a strategy, including formulation of energy efficiency, energy conservation, and energy usage goals; ide~atification of strategies to achieve those goals through efforts to increase energy efficiency,.redtxce fossil fuel emissions or reduce energy consumption through investments or by encouraging behavioral changes. Entities may develop methods to measure progress in achieving the goals. Entities may develop and publish annual reports to the population served by the eligible entity describing the strategies and goals and the progress made in achieving them during the preceding calendaz yeaz. 3. Residential and Commercial Building Ener~~ Audits: Entities may support the conduct of residential and commercial building energy audits. 4. Financial Incentive Programs: Entities may establish financial incentive programs and mechanisms for energy effiiciency improvements such as energy saving performance contracting, on-bill financing, and revolving loan funds. 5. Energy Efficiency Retrofits: Crrants may be made to nonprofit organizations and governmental agencies for the purpose of retrofitting existing facilities to improve energy efficiency. 6. Energy Efficiency and Conservation Programs for Buildings and Facilities: Entities may develop and implement energy efficiency and conservation programs for buildings and facilities within the jurisdiction of the entity. The range of,activities includes the design and operation of the programs; the identification of the most effective methods for achieving maximum participation and efficiency rates; public education; measurement and verification protocols; and identification of energy efficient technologies. 7. Development and Implementation of Transportation Programs: Entities may develop and implement programs to conserve energy used in ti°ansportation, including but not limited to: • Employee flex time programs; • Promoting use of satellite work centers; • Development and promotion of zoning guidelines or requirements that promote energy eff cient development; • Development of infrastructure such as bike lades and pathways and pedestrian wall~w-ays; • Synchronization of traffic signals; 11 -5 June 16, 20U9 Page 6 • State/locals/regional integrated planning activities (i.e. transportation, housing, environmental, energy, land use} with the goal of reducing GHG and vehicle miles traveled; • Incentive programs to reduce commutes by single occupancy vehicles; • Improvements in operational and system efficiency of the transportation system such as implementation of intelligent transportation system (ITS} strategies; • Idle-reduction technologies and/or facilities to conserve energy, reduce harmful air pollutants, and greenhouse gas emissions from freight movement; and • Installation of solar panels on interstate rights-of--way to conserve energy in highway operations and maintenance activities. 8. Building Codes and Inspections: Entities may develop and implement building codes and inspection services to promote building energy efficiency. 9. Energy Distribution: Entities may implement distributed energy resource technologies that significantly increase energy efficiency, including: • District heating and cooling systems • Combined heat and power systems • Cogeneration systems • Energy Storage systems • Absorption chillers • Desiccant humidifiers • Micro turbines • Ground source heat pumps 10. Material Conservation Programs: Entities may implement activities to increase participation and efficiency rates for material conservation programs, including source reduction, recycling, and recycled content procurement programs that lead to increases in energy efficiency. 11. Reduction and Captare of Methane and Greenhouse Gases: Entities may use grant funds to purchase and implement technologies to reduce, capture, and, to the maximum extent practicable, use methane and-other greenhouse gases generated by landfills or similar waste related sources, such as wastewater treatment plants, operations producing food waste, dairy farms and other animal operations. 12. Traffic Signals and Street Lighting: Entities may use grant funds to replace traffic signals and street lighting with energy efficient lighting technologies, including light emitting diodes; and any other technology of equal or greater energy efficiency. 13. Renewable Energy Technologies on Government Buildings: Entities may use grant funds to develop, implement, and install on or in any government building of the eligible entity onsite. renewable energy technology that generates electricity from renewable resources, including solar energy; wind energy; fuel cells; and biomass. 14. Any Other Appropriate Activity: Entities may submit any other appropriate activity for approval in the Energy Efficiency and Conservation Strategy. ~~ -s June 16, 2009 Page 7 Attachment B EECBG PROGRAM GUIDELINES, MEASUIItEMENT & REPORTING Source: US Department of Energy (www.eecb€;.energy.gov) 1. Program Gwidelines DOE has developed the following core principles to guide entities during the program and project planning process: • Prioritize energy efficiency and conservation 'first as the cheapest, cleanest, and fastest ways to meet energy demand • To maxi_mi~~ benefits over the longest possible terms, entities should look for ways to link their energy efficiency efforts to long-term priorities (especially community economic development, community stabilization and poverty reduction efforts). • Invest funds in programs and projects that create and/or retain jobs and stimulate the economy while meeting long term energy goals. • Target programs and projects that will provide substantial, sustainable and measurable energy savings, j ob creation and economic stimulus effects. • Give priority to programs and proj ects that leverage federal funds with other public and private resources, including coordinated effon:s involving other Federal programs targeting community development funded through the )Etecovery Act such as the Community Development Block Grant program, HOME, ~md j ob training programs. • To the extent possible, develop programs and strategies that will continue beyond the funding period. • Ensure oversight, transparency, and accountability for all program activities. • Enact policies that transform markets, increase investments, and support program goals. • Develop comprehensive plans that benchmark: current performance and set aggressive goals. 2. Measurement and Reporting DOE seeks to ensure oversight, transparency, and accountability is maintained for all program activities. To achieve these goals, the City must t-e able to demonstrate and report on the following five metrics for selected projects: • Jobs created and/or retained • Energy saved • Renewable energy generated • Greenhouse gas (GHG) emissions reduced • Cost savings In addition, following approval of its application the City will be required to provide detailed reports on its progress according to the following schedule: - • Quarterly -financial and ARRA performa~sce progress reports • Annually -DOE performance progress refbrt • At project completion -financial and property certification reports 11 -7 June 16, 2009 page g Attachment C CUPERTINO FACILITY ENERGY ffiSTORY GRAPHS Ci of Ca ertino: S Year Electrici Usa e w Per Ma'or Facili 540,004 500,000 400,000 +CZuinian ~-iir--CITY HALL 300,(300 _ -l-Community Hall -~CDRPORATE YARD 200,000 - ~SP~RTS _ CENTER -I-SEN I~R CENTER 100,000 -+-Blackberry Farm Monta Vista COMM CTR 0 2403 2004 2005 7046 200] 2008 11 -8 June 16, 2009 AB32 SUMMARY Page 9 Attachment D Signed into law in September 2006, The Global ~'Varming Solutions Act, also known as AB 32, requires California to reduce its greenhouse gas emissions to 19901evels by 2020 - a reduction of approximately 30 percent, and then an 80 percent reduction below 19901evels by 2050. Many of the 74 proposed measures to reduce greenhouse gas emissions, scheduled to become regulatory requirements in 2012, rely on local government a~:,tions. The "Scoping Plan" is California's policy blueprint containing the broad overview of the programs, measures, and approaches that will help California achieve the required reductions of greenhouse gas (GHG) emissions required under .AB 32. The Plan, when ~it is completed, will have a range of GHG reduction actions, which could include direct regulations, alternative compliance mechanisms, monetary and non-monetary incentives, voluntary actions, and market- based mechanisms such as asap-and-trade system. Through the Scoping Plan, ARB recommends that local governments set their GHG reduction goals to 1 S percent below present levels by 2020. To achieve this target, Cupertino has partnered with ICLEI to apply its Local Government Operaa'ions Protocol {LGOP} to inventory and report the city's municipal greenhouse gas (GHG) emissions. The LGOP is the California Air Resources Boazd (ARB), California Climate Action Registry (CCAR), The Climate Registry (TCR}, and Local Governments for Sustainability (ICLEI) agreed upon greenhouse gas: emissions inventory and data. collection methodology for local government. Cupertino's report, scheduled to be released in June 2009 will challenge the city to set emissions reduction targets, to be achieved by measures identified through a stistainability/climate action planning process. To achieve greenhouse gas emissions reductions, required through the 2006 California Global Warming Solutions Act (AB 32), and demonstratf, climate leadership within an environmentally progressive region, the City of Cupertino has committed to benchmazking, tracking and implementing actions to reduce its energy consurription. The Energy Efficiency and Conservation Block Grant program provides the financial stimulus and means for the city to move beyond its benchmarking phase to prioritize: projects that will provide substantial, sustainable and measurable energy savings. ~~ -s June 16, 2009 ~~ ~ ~ `!`! -~ /"~ s a rS ..: ..._.. _. _.._..._ -Y y / 'F ~~ ~~~~~ ~~ ~ ~~ + ww. .. Page 10 F~ 1.~ U A T I N S Scoping Plan Subgroups Agriculture, Cement, Economics, Energy, Forestry, Green Buildings, Land Use, Recycling, State Fleet, Water /Energy Scoping Plan & AB 32 Implementation Timeline AB 32 YMPt1<T~1~I~i'1"A~ON l'X3~I~1.xI'IE NOV h1A~ StJM ~~ 1~ JAtJ JAN 1, IAtV 1, 200 204$ 2008 2009. 2009 2011 2D12 CAT Sub- CAT dub- ARB to Dead~-ne CAT Deadline Regulatlnns groups are groups Submit draft to adapt members to adopt enforceable formed with suttmit AS ~2 5[t~ping assigned atl reps frwn sectar scapsng plan plan recsu~tton regulatory depls proposals to meet measures measures t0 ARB goals 11 - 10 June 16, 2009 INITIAL EECBG PROJECT LIST Page 11 Attachment E As part of an internal benchmazking exercise, the Environmental Affairs Division inventoried existing environmental programs and services through interviews of program managers and department heads, a listing of which now appears on the city's green website (www.cupertino.org/green). Through this process, ;staff also identified programmatic gaps that have now shaped the city's scope of future environmental priorities, which has become the focus of the city's internal green team agenda. This list provided below offered staff a launching point to analyze projects eligible for EECBG funding. Energy Conservation Measures -Detailed Ener~~ Andit Energy Conservation Measure is a term widely use~3 to represent any energy eff ciency project that will reduce energy expenditures. Specific applications identified for Cupertino facilities could include the installation facility improvement measures such as energy management systems, window film or PC power management sa~flwaze. Initial analysis indicates that certain upgrades, including the replacement of pump and f ~n motors, temperature control systems, and/or lighting systems will allow the City to mainl:ain energy efficient building systems that optimize occupant comfort in a time when fmancia.:l resources are limited. To evaluate and select the appropriate mix of energy conservation measur~;s for Cupertino facilities, staff recommends working in partnership with a qualified f rm to conduct a Detailed Energy Audit. Cost Estimate: $74,400 Energy Savings Potential: Not applicable Photovoltaic System Staff, Council Members and Commissioners have expressed interest in installing a photovoltaic system on city facility rooftops, in designated ground areas, and on parking lot structures to further demonstrate Cupertino's commitment to emrironmental initiatives. In addition to helping the city to reduce power consumption from the utility grid during times of peak demand, a highly visible solar project can reduce greenhouse gases a:~sociated with facility operations, enabling the city to achieve AB32 tazgets. Though solar companies have offered simple recommendations on select city facilities, a comprehensive solar audit should be conducted to assess the city's solar assets. Exploring the city's potential to benefit from the "aggregate net metering" approach, recently enabled by AB2466, will be an important component of the solar audit. Audit Cost Estimate: proposed as part of DEA Solar Project Cost l~stimate: $ Range of $250,000 to $3,500,000 Energy Savings Potential: $10,000 to $140,000 Streetlight Retrofit Through its 2005 municipal-wide greenhouse gas emissions inventory, recently completed with ICLEI USA, the city identified that street lighting accounted for 41% of its total electricity consumed and 39% of its total cost of operations. A,s such, street lighting has become a primary focus for efficiency upgrades as current equipment, namely the city's high pressure sodium lamps, reaches the end of its useful life. 11 - 11 June 16, 2009 Page 12 This level of consumption is not unique to Cupertino; studies estimate that electricity used for municipal public lighting represents between 25% and 70% of any individual local government's energy consumption and greenhouse gas emissions. For this reason, over the past five years extensive pressure from government and the private sector has driven efficiency in public lighting, resulting in the creation of new technologies able to reduce current energy consumption from street lighting by around 50%. To identify and select the most appropriate lighting technology and establish the ideal mix of technology controls, Cupertino should work with an energy expert to inventory existing streetlights and analyze/select optimal streetlight technologies to guide future retrofit activities. Audit Cost Estimate: proposed as part of DEA Retrofit Project Cast Estimate: $2,800,000 Energy Savings Potential: 880,000 kwh/yr (44%) and $100,000 plus operational savings Irrigation Upgrades Though existing water conservation measures allow city to achieve reductions required by the Water District during #imes of drought, upgrades to irrigation infrastructure will allow the city to more effectively manage water resources to reduce costs, maximize infiltration, provide retention and slow runoff. Irrigation systems can provide remote control capability and improved irrigation management to ultimately save water, while improving the appearance of public areas. The City of Cupertino would like to further evaluate water savings potentials through irrigation improvements for its parks and golf course, as well as the sports fields it maintains on behalf of local area school districts, through a detailed irrigation audit. This audit would evaluate systems such as weather smart automated irrigation controls, which use weather factors such as soil infiltration and rainfall intensity which are compared to determine the exact effect weather has on irrigation needs. This type of system will allow the right amount of water used to irrigate the parks and fields, and eliminates the risk of property damage caused by water. Audit Cost Estimate: proposed as part of DEA Irrigation Project Cost Estimate: $200,000 Energy Savings Potential: $42,500/yr Acterra Green@Home Green@Home trains volunteers to install energy-saving devices and perform home energy audits for Cupertino residents. The program also builds community awareness of climate change by giving yard signs to participants and working with neighborhood groups to publicize the program and the need to reduce the burning of fossil fuels. Each participating household receives free energy-saving devices and achieves measurable results. Funds are used to pay the salary of Acterra staff to train and coordinate the volunteers and provide supplies for the residents. The 2009 goal is to serve 150 Cupertino households, averaging 5/week after sufficient volunteers are trained. The purpose of Acterra's Green@Home program is to assist residents in reducing their home energy use, thus decreasing the city's CO2 emissions. Utilizing volunteers to offer home energy audits, Green@Home reinforces the need for citizen involvement in reducing the burning of 11 - 12 June 16, 2009 Page 13 fossil fuels and builds a sense of community among; Cupertino residents. By involving neighborhood associations and offering a colorful "We're Green@Home" yard sign to participating residents, the program raises awazeness of the need for conservation and establishes a new norm of civic-minded behavior. The cost to continue this project is projected to be pit least $24,000 and is currently included in the Environmental Affairs Division 2009 Budget. Staff proposes expansion through a competitive California Energy Commission grant. Cost Estimate: $24,000 + Energy Savings PotentiaUhousehold: $400/yr Green Banding Ordinance Development of a green building policy to establish green building standards for municipal facilities, residential homes and commercial and institutional buildings was recently added as the top priority of the Planning Commission's 2009 Work Plan. Utilizing grant funds for some, or all, of this project would free up staff and CIP fund's for other projects. However, the grant metrics required to demonstrate energy efficiency rind greenhouse gas savings cannot be easily tracked for this project. As such, Cupertino will continue participation in the Santa Claza County Cities Association's Green Building Collaborative, tasked to develop and recommend a green building standard and policy framework for cities, and design an implementation strategy for the proposed policy outcome. Administrative funds allocated through the EECBG program will help offset the staff costs required to fully develop and implement this program and associated education and outreach activities. Cost Estimate: unkn~~wn Energy Savings Potential: unknown Community GHG Inventory The Environmental Affairs Division has acquired i~rom ICLEI the tools required to conduct a community-wide greenhouse gas emissions invent~~ry. Staff anticipates initiating this analysis in 3uly, working in collaboration with volunteers from the Kirsch Center at De Anna College. It is expected that administrative funds acquired through the EECBG allocation will support project management costs for this project. This inventory ~~vill scaffold the launch of the city's Green Ribbon Task Foxce, expected to begin in fall 2009, to draft Cupertino's citywide sustainability plan. To support this stakeholder working group, the city will investigate alternative grant funding resources available for climate change and. sustainability planning through agencies such as the Association of Bay Area Governments and the Bay Area Air Quality Management District. These grant opportunities are more appropriately suited for benchmazking qualitative outreach goals versus demonstrating quantitative utility gains from efficiency measures. GHG Inventory Cost Estimate: $15,000 (based on municipal inventory costs) Energy Savings Potential: Not applicable Caltrain/VTA Eco-Pass Subsidy This program could supply City employees with up to $100 per month in commuter checks toward the purchase of a monthly train or bus pass. This employee benefit was eliminated in recent yeazs due to a lack of participation. However, following a recent employee commute survey administered by the Environmental Affairs Division in collaboration with ICLEI, the city documented employee interest to once again offer this benefit. While this project could demonstrate energy and greenhouse gas savings, City staff would need sufficient time to develop 11-13 3une 15, 2Q09 Page 14 an alternative commutes program for employees in order to determine the most appropriate and beneficial use of funds. This is proposed as an activity for the next fiscal yeaz, to also include research for alternative funding mechanisms. Administrative funding provided through EECBG funds will potentially support this research and program development. Cost Estimate: $180,000 (for l50 employees} Energy Savings Potential: Not yet analyzed 11 - 14 June 16, 2009 Page 15 Attachment F ENERGY SAVINGS PERFORMANCE CONTRACT SUMMARY ESPC is a combination energy and financial solutions approach to address facility improvement needs in a budget constrained environment. The E;3PC approach utilizes existing budgets and redirects utility and operational savings generated 'to fund the cost savings improvements. A performance contract will allow the city to leverage its EECBG funds and money saved on energy and operating costs to pay for building improvements. it also offers an alternative to the traditional bid and spec process by placing the burden of performance and guaran#eed results on energy service contractors. Savings realized will l~~ applied toward facility improvements, within existing budgets and without the need for capital fiuiding. Furthermore, this contract will allow the city to achieve the EECBG's ambitious targets required for cities to successfully access fiznding including job creation, funds leveraged and energy/emissions reduced. Using utility billing records, facility data, and characteristics of applicable sites, an Energy Services Company (ESCO) identifies an inventory of these clean energy opportunities, each with an estimated capital cost and pay-back period. Items having shorter pay-back periods (typically energy conservation) can be bundled with items having longer pay-back periods (typically renewable energy generation} to achieve an overall project package with an acceptable pay-back period. Typically, part or all of the capital financing associated with a performance contract can be provided by a third party lending agency, with capital lease payments allocated from resulting utility cost savings. All facility improvements made as part of the performance contract become the property of the city upon the completion of the lease payments. In addition to the benefits of facility upgrades and ~;ost savings enabled by a performance contracting approach, a further beneft is the ability of the city to demonstrate measurable greenhouse gas emissions (GHG} reductions in a short timeframe relative to many other sustainability and climate protection strategies. Hiring of local sub-contractors for these "green- collar" construction jobs can. also contribute to the vitality of.local economies. Performance Contracting is a four-phase process: 1) Preliminary Study, 2) Detailed Energy Audit (DEA), 3) Implementation, and 4) Guarantee Phase. The final three phases are performed by a single ESCO. Because of the continuity provided by the fact that the DEA and the Implementation steps are performed by the same company, that company is able to guarantee the energy savings that will be realized by the city over the project lifecycle, as validated in the Guarantee phase by monitoring and verification (M&V) methods. 11 - 15 June 16, 2009 Page 16 Attachment G SIEMENS OVERVIEW OF QUALIFICATIONS Through a competitive RFP process, a team comprised of members from Environmental Affairs Division and Public Works Department recommends Siemens as its partner to first conduct a Detailed Energy Audit (DEA) and then to develop an Energy Savings Performance Contract (ESPC} based on the findings of the DEA. Siemens AG is a global corporation with headquarters in Munich, Germany employing roughly 480,000 people in 190 countries world-wide and reporting annual sales of approximately $107 billion in fisca12008. Siemens companies spend over $6 billion each year on research and development, and hold 62,000 worldwide patents. Headquartered in Buffalo Grove, Illinois, Siemens Building Technologies, Inc. is one of 1.4 Siemens operating companies in the United States. Siemens has been providing performance contracting services to public entities since 1995 when it acquired the performance contracting business of Landis & Gyr (Zug, Switzerland, founded in 1895) and the industrial activities of Electrowatt Ltd. (Zurich, Switzerland, founded in 1895), thus combining several aspects of facilities and energy expertise and integrating many decades of experience into its operations. During the past 10 years, Siemens has completed 515 performance contracts in the United States of a similar size to that being contemplated for Cupertino (between $1 and $b million). 73 of these have been in California, and of those, 17 have been with municipalities. Siemens has branch offices providing performance contracting services in Hayward and Sacramento covering the Northern California region. Its regional approach tv project management ensures local commitment and accountability for quality and customer satisfaction. Last year alone, the two Northern California offices executed $112 million of work. Siemens ensures that the City gets the most attractive project package possible by seeking out all applicable rebates, incentives, and funding sources for the project. Throughout the project development process, Siemens works closely with utility companies (i.e. PG&E, water utilities) and other agencies (ABAG, Santa Clara Valley Water District) to incorporate all potential rebates and incentives into a project package. State incentives (like the California Solar Initiative or CSI) and funding opportunities offered by the California Energy Commission (CEC) axe also incorporated into the project package as appropriate. Siemens has been an active participant in the grant application process to for Cupertino's Energy Efficiency Community Block Grant funds. As a general contractor, Siemens has a professional procurement staff and uses a competitive bid process in developing the project package on behalf of the City. A minimum of three bids are used in determining the best value (price and quality) for every Iabor and material component of the project. 11 - 16 June 16, 2009 Page 17 Siemens provides the City with a Guaranteed Maximum Price (GMP) in the performance contract, with no change orders. Because of the reputation, conservative management, and demonstrated financial stability of the company, staff has confidence that Siemens will h~~ve the longevity and financial wherewithal to back its Performance Guarantee of the energy savings it promises. Siemens will write a check to the City of Cupertino to the extent that energy savi~~gs are not realized. Smaller competitors may not have this capability, particular in lean and uncertain financial times. Siemens Guaranteed Maximum Price, in combination with its Performance Guarantee and the self-funding nature of the performance contract essentially minimizes all risk to the City of undertaking this program. 11-17 June 16, 2009 DRAFT LETTER OF INTENT Page 18 Attachment H June 17, 2009 Balachandar Jayaraman Siemens Building Technologies, Inc. 25821 Industrial Boulevard, Suite 300 Hayward, CA 94545 Subject: Letter of lnten# Re: Clean Energy Project for the City of Cupertino Dear Mr. Jayaraman: This document is to serve as a Letter of Intent between Siemens Building Technologies, Inc. (Siemens) and City of Cupertino (CC). This letter is our authorization for Siemens to conduct a detailed energy study necessary to provide CC with a final proposal for capital improvements resulting in energy and resource savings for the City's facilities and systems. At a minimum the following energy conservation, water conservation and renewable energy generation measures will be analyzed: Location: Facility Improvement Measure: City Hall Quinlan Com- munity Center Corp Yard Sports Center Senior Center Monte Vista Rec Center Black- beery Farm Pool Interior Li htin x x x x x x Exterior Li tin x x x x x x Ene M t S stem x x x x x x Premium Efficienc Motors x x Solar PV x x x x Solar Thermal X x x x x In-i ation -- ci -wide - Street & Park Li htin -- ci -wide - As a parameter of the study, project financing will be proposed for I0 years. The proposal will be based on the presumption that the facility improvement measures will be financed with a capital lease program (or other financing mechanism) based primarily on energy and resource savings realized from the proposed improvements, as well as some additional infusion of grant or capital funds. Solar photovoltaic generation, if included in the final proposal, will likewise be based on capital lease-to-own purchase potentially with an aggregate net metering scenario. A power purchase agreement approach {PPA} will also be analyzed. Siemens will analyze the PG & E rate structure of the City's accounts, and make recommendation for optimization. Siemens will assist CC with obtaining California Energy Commission (CEC) state funding, utility incentives, and rebate programs by researching applicable programs and completing the appropriate applications, where applicable. U addition, Siemens will assist with the completion of the appropriate applications federal stimulus funding, 11 - 18 June 16, 2009 Page 19 specifically the Energy Efficiency Community Block Grant program. Capital contribution to the project from federal stimulus funds is anticipated to be approximately $430,000. The City will assist Siemens in its effort to prepare this proposal by providing information deemed necessary and appropriate to conduct a thorough survey. This information should include, but is not limited to: • Energy records. • Service records. • Service contract data. • Engineering drawings. • Building operating schedules. • Equipment inventory. • Equipment operating and maintenance data. • Access to city sites listed above. Based upon this proposal meeting the above stated financial criteria, it is the intent of CC to enter into a contrac# with Siemens for the completion of the proposal recommendations. The cost of the detailed energy study, indicated below, would be roiled into the implementation cost, once the: project is approved for implementation. - Turnkey implementation would be provided for engineering, ~~osting, procurement, construction, and commissioning, as well as prospectively for maintenance service. - Should CC choose not to enter into the implements#ion phase of the agreement with Siemens; CC shall reimburse the cost of the detailed energy study in the amount of $74,400. Upon payment, the report would become the property of the CC. We look forward to this partnership and to the successful co~r~pletion of the project. Sincerely, Dave Knapp City Manager City of Cupertino Acknowledged and accepted: Balachandar Jayaraman General Manager, Western Zone Energy & Environmental Solutions Siemens Building Technologies 11 - 19 June 16, 2009 Page 20 Attachment I DETAILED ENERGY AUDIT SUMMARY The City will assist Siemens in its effort to prepare this proposal by providing information deemed necessary and appropriate to conduct a thorough survey. This information should include, but is not limited to: • Energy records. • Service records. • Service contract data. Engineering drawings. Building operating schedules. • Equipment inventory. • Equipment operating and maintenance data. • Access to city sites listed above. Based upon the implementation proposal meeting the above stated financial criteria, and with the approval of the performance contacting approach by the city council, it would be the intent of the City to enter into a contract with Siemens for the completion of the proposal recommendations. The cost of the detailed energy study, $74,400, would be rolled into the implementation cost, once the project is approved for implementation. As a parameter of the study provided by the City Manager, project financing will be proposed for 10 years. The proposal will be based on the presumption that the facility improvement measures will be financed with a capital lease program (or other financing mechanism) based primarily on energy and resource savings realized from the proposed improvements, as well as some additional infusion of grant or capital funds. Solar photovoltaic generation, if included in the final proposal, will likewise be based on capital lease-to-own purchase potentially with an aggregate net metering scenario. A power purchase agreement approach (PPA) will also be analyzed. Where appropriate, Siemens will assist City of Cupertino with obtaining Califorzua Energy Commission (CEC) state funding, utility incentives, and rebate programs by researching applicable programs and completing the appropriate applications. 11 - 20