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Item 4.3 - Award of Contract to Borrego Solar Systems, Inc.; Bid No. 17-010 Gl of •ip APPROVED • City of Poway APPROVED AS AMENDED ❑ (SEE MINUTES) � +�i COUNCIL AGENDA REPORT DENIED ❑ �F c - , REMOVED ❑ CONTINUED RESOLUTION NO. DATE: February 21, 2017 TO: Honorable Mayor and Members of the City Council FROM: Robert Manis, Director of Development Services* CONTACT: Christine Pawlik, Conservation Administrator`' (858) 668-4605, cpawlik @poway.orq SUBJECT: Award of Contract for the Ground Mounted Photovoltaic System — Fire Station #3, Bid No. 17-010 Summary: In April 2016, the City Council set aside funding to pursue energy efficient systems to reduce energy costs at City facilities. The installation of a ground mounted photovoltaic (PV) system at Fire Station #3 would produce renewable energy to offset the electrical charges at City facilities. Recommended Action: It is recommended that City Council: 1. Award the project to Borrego Solar Systems, Inc. in the form of a power purchase agreement (PPA)for the design and construction of a ground mounted PV system to be located on City owned, undeveloped property west of Fire Station #3 and south of Ted Williams Parkway for the term of the PPA (25 years). 2. Appropriate $177,000 from capital facilities improvement fund, 0106-8912, $158,000 for fees to SDG&E including but not limited to removal and installation of a transformer, a generation output meter, system upgrades, and application fees and $19,000 for permitting. 3. Authorize the City Manager to execute the PPA and associated lease agreement between the City and Borrego Solar Systems, Inc. in a form acceptable to the City Attorney. Discussion: During the January 28, 2016, City Council workshop, staff presented energy efficient options and received Council feedback. Council support for energy efficient projects was confirmed on April 19. With assistance from a consultant, staff began to explore options to move the City towards the goal of reducing electricity costs. Staff compiled a list of City facilities with the highest electricity costs to determine the optimal choice for each site. During the exploration phase, it was discovered that a Citywide solution which incorporates distributed savings throughout the City is the most 1 of 4 February 21, 2017, Item # i 3 Award of Contract for the Ground Mounted Photovoltaic System — Fire Station #3 February 21, 2017 Page 2 efficient solution and allows for the addition of other energy efficient technologies in the future. Building a PV array in the form of a field on undeveloped land allows for the generation of large amounts of energy at the site that can be transferred directly to Fire Station #3 electric bills. Overgeneration during daylight hours will be credited back to Fire Station #3 and other City facilities through bill credits. SDG&E's Renewable Energy Self- Generation Bill Credit Transfer(RES-BCT)tariff allows for bill credits on up to 50 accounts within the City for the overgeneration of renewable energy. A request for bids (RFB) was issued and evaluated for the design and build of a PV array on the undeveloped City owned land west of Fire Station #3 and south of Ted Williams Parkway. The RFB required submission of two (2) pricing options: the first option is for a traditional design-build project with the City responsible for payment to the contractor for the PV system that would be owned by the City; the second for the design-build of a PV system by a contractor, who would then sell the generated power to the City at a reduced price for a fixed term through a PPA. A PPA is a financial arrangement whereby the contractor designs, finances, installs, owns, and maintains the PV system at little to no cost to the customer. The customer then purchases the system's electricity from the contractor. This arrangement allows the customer to receive stable, low-cost electricity while the contractor acquires tax credits and income from the sale of electricity generation. Bids were opened on December 22, 2016. The City received the following three bids: Company System Cash Price 25 Year PPA Leveled Cost Size (kW Price of Energy DC) ($/kWh) ($/kWh) Borrego Solar 1,252.35 $2,122,110.64 0.0755 0.0959 Systems, Inc. NRG Solar LLC/Baker 1,222.20 $2,698,272.00 0.0852 Unknown Electric, Inc. T and M Solar, Inc. 1,300.00 $2,306,642.00 0.09 Unknown Borrego Solar Systems, Inc. was the low bidder under both cash and PPA options. Per California Public Contract Code 20170, bidders are required to obtain and include with their bids a bid security payable to the awarding authority. T and M Solar Inc., did not provide a bid security. T and M Solar also did not list subcontractors that will perform the work on this project as required by the California Public Contract Code, Code Section 4104 (a) (1). Due to the conflict with Sections 20170 and 4104 of the California Public Contract Code, the bid from T and M Solar was deemed unresponsive. The RFB required that the PV system connect to an existing City billed meter and be compliant with SDG&E's RES-BCT tariffs. Baker Electric proposed the PV system �� 2 of 4 February 21, 2017, Item # ''7/3 Award of Contract for the Ground Mounted Photovoltaic System — Fire Station #3 February 21, 2017 Page 3 connect to an SDG&E meter, which is not allowed in the RES-BCT tariff. Due to the conflict with the RFB requirements and the RES-BCT tariff, the bid from Baker Electric was deemed unresponsive. While the opportunity for savings with the traditional design-build option was determined to be slightly better than a PPA, the risk of an SDG&E tariff escalation, lack of performance guarantee, and operating and maintenance costs led to the determination that the PPA option provided the largest return on investment with less risk. Under the proposed PPA, the City must purchase all energy produced by the PV system and the contractor provides guaranteed energy production. The system is expected to overgenerate the electrical needs of Fire Station #3. The overgeneration at Fire Station #3 will be transferred through bill credits to other sites owned by the City. The City will still need to pay SDG&E for taxes, fees, and nonbypassable charges at Fire Station #3. The per kilowatt hourly rate is established at the beginning of the contract and will escalate at a rate of 3% each year over the 25-year term of the PPA. The City would have the option to purchase the system at a future date. The contract time for this project is estimated at 350 working days. Using a PPA, the City's estimated costs are $177,000 for SDG&E fees, equipment modifications, and permitting. Design and environmental review is scheduled to be complete in early June 2017 and a Conditional Use Permit(CUP)for the project will be submitted for City Council approval. Construction is scheduled to be complete in December 2017 and final commissioning in January 2018. Environmental Review: The award of a design/build contract is not subject to the California Environmental Quality Act. Implementation of the project requires subsequent approval of a CUP and an environmental assessment, which will occur with the design of the PV system, prior to City Council approval. Fiscal Impact: Approval of staff recommendation authorizes the appropriation of $177,000 from the capital facilities improvement fund (0106-8912) to the Ground Mounted Photovoltaic System — Fire Station #3 project account. The first-year production for the PV system is estimated at $455,022, based on current electrical bills and tariffs, which can be applied to Fire Station #3 and additional City facilities to reduce electrical bills. Public Notification: Borrego Solar Systems, Inc., 5005 Texas Street, Suite 400, San Diego, CA 92108 Attachments: 3 of 4 February 21, 2017, Item #1.13 Award of Contract for the Ground Mounted Photovoltaic System — Fire Station #3 February 21, 2017 Page 4 None. Reviewed/Approved By: Reviewed By: Approved B • 11°166k- Wendy Kaserman Morgan Foley Tina M. White Assistant City Manager City Attorney City Manager 4 of 4 February 21, 2017, Item # ' J