Guaranteed Energy Savings Contract - WWTP Solar & Energy Upgrades

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1 BILL NO. _____ RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO APPOINT THE BOARD OF PUBLIC WORKS AND THE DEPARTMENT OF PUBLIC WORKS AS ITS AGENTS FOR OVERSEEING THE GUARANTEED ENERGY SAVINGS CONTRACT FOR THE SOUTH BEND WASTEWATER TREATMENT PLANT WHEREAS, the City of South Bend, consistent with its Climate Action Plan as stated in Resolution 4994-22, desires to implement renewable energy and increase energy efficiency at the Wastewater Treatment Plant; and WHEREAS, the addition of a solar energy system and energy efficient upgrades will decrease energy consumption and greenhouse gas emissions, reduce utility costs and insulate against electricity rate increases, and demonstrate continued leadership and innovation by the Wastewater Treatment Plant; and WHEREAS, pursuant to Indiana Code §36-1-12.5-5 the Common Council is authorized to enter into an agreement to participate in a utility efficiency program or a guaranteed savings contract in order to implement conservation measures, which includes renewable energy installation; and WHEREAS, the Guaranteed Energy Savings Contract procurement process allows for the optimization of the project scope in collaboration with the City of South Bend and ensures long- term performance of the project, factors which are beneficial when implementing a rapidly- changing technology such as solar energy. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The South Bend Common Council hereby believes that the following guidelines and policies are in the best interests of the City of South Bend Indiana in order to advance renewable energy and energy efficiency at the Wastewater Treatment Plant: 1.The Board of Public Works and the Department of Public Works of the City of South Bend Indiana shall be authorized agents for the South Bend Common Council for purposes of meeting the provisions required of Indiana Code §36-1-12.5-5 and other Indiana laws leading up to the final review of and the execution by the South Bend Common Council of a Guaranteed Energy Savings Contract for installation of a solar energy system at the Wastewater Treatment Plant. Such authorization includes, without limitation and retroactively, the preparation of specifications and evaluation criteria, advertisement for proposals, opening of proposals, evaluating proposals, rejecting non-responsive proposals, and developing the project scope. 2. The Board of Public Works and the Department to Public Works shall give the South Bend Common Council a recommendation of the contractor and the project scope for a Guaranteed Energy Savings Contract, with the South Bend Common Council retaining the sole and exclusive authority to enter into such a contract or contracts. 3.The Board of Public Works and the Department of Public Works are authorized to supervise the project scoping and all work done on this Guaranteed Energy Savings Contract including the power to authorize change orders and amendments. 4.The Board of Public Works and the Department of Public Works shall report to the South Bend Common Council via appropriate Committee meeting(s) and at a regular Common Council meeting under Special Business, as requested by the Council.