R2006-130 08-28-06
RESOLUTION NO. R2006-130
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE A LETTER OF INTENT WITH SIEMENS BUILDING
TECHNOLOGIES, INC., FOR IMPLEMENTATION OF A DETAILED
ENERGY AUDIT AND ALLOWING FOR THE CITY'S PARTICIPATION IN
A PERFORMANCE CONTRACTING PROGRAM.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Letter of Intent by and between the City of Pearland and
Siemens Building Technologies, Inc., a copy of which is attached hereto as Exhibit "A" and
made a part hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest a Letter of Intent with Siemens Building Technologies, Inc.,
for implementation of a detailed energy audit and allowing for the City's participation in a
Performance Contracting Program.
PASSED, APPROVED and ADOPTED this the 28th day 0
~
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
~b ~h.CJc.-
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution 2006-130 8128106
July 28, 2006
Mr. Chad L. Nobles
Energy & Environmental Solutions
Siemens Building Technologies, Inc.
8850 Fallbrook Road
Pearland, TX 77064
Re: Letter of Intent and Approval to Proceed with Detailed Energy Audit for
Performance Contracting Program
Dear Mr. Nobles:
The City of Pearland ("COP") intends to contract with Siemens Building Technologies, Inc.
("Siemens") for the implementation of a Performance Contracting program ("Program")
designed to improve the system infrastructure and operational efficiencies for the COP
facilities in accordance with Texas Local Government Code 302.
The Program will be comprised of a variety of facility improvement and/or energy
conservation measures assessed through a detailed energy audit ("Audit").
The Audit will evaluate the following measures:
1. Lighting
2. Heating, Ventilation, and Air Conditioning
3. Energy Management Controls Systems
4. Water Conservation & Usage
5. Water and Wastewater Plant
6. Traffic Signals
7. Lift Stations
While preparing the Audit, additional energy conservations measures may be found.
These measures may be added, modified, delayed, or dropped, IT agreed upon by the
COP and Siemens.
The objectives of the Program to be assessed in the Audit are as follows:
. Provide efficiency improvements
. Reduce operating costs & energy costs
. Replace or upgrade existing equipment
. Improve facility infrastructures
. Provide improvements within existing budgets
(e.g. energy, O&M, capital replacement)
. Maximize available utility company incentive rebates
. Obtain an energy savings guarantee for the Program from Siemens
COP LOI - 1
The caP's execution of a Performance Contracting Agreement ("PCA") is contingent
upon the following criteria:
1. The PCA must meet the caP's financial requirements that will be provided to
Siemens following execution of this Letter of Intent (e.g. ROI, simple payback, period
of contract or estimated useful life of new equipment).
2. The PCA must include a Siemens provided energy savings guarantee; and,
3. The PCA must meet the requirements of Texas Local Government Code Chapter
302.
The COP and Siemens will work to finalize the technical, legal and financial
components of the Program. The COP will prioritize any measures to be implemented,
and Siemens will use the results of the Audit as the basis for the guaranteed energy
savings goal in the PCA. The COP will pursue financing for the Program, possibly with
assistance from Siemens.
If Siemens provides a PCA which meets the above conditions, the costs associated with
the detailed audit can be incorporated into the price of the PCA. However, if the COP
chooses not to execute a PCA with Siemens within 45 days following submittal of the
PCA to the COP, the COP agrees to pay Siemens $43,200.00 for the Audit.
::knOWI~pp:oved
Print: Bill Eisen
Title: Ci ty Manager
City of Pearland
Date: September 7. 2006
By:
Print:
///
ite-'
g <..C> L.-.-, 4C C;
Title: General Manager
Siemens Building Technologies, Inc.
Date:~/U&:
COP LOI - 2