July (pdf) - New York Power Authority

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July 26, 2011 9. Procurement (Services) Contract – EME Group, WSP Flack & Kurtz and Horizon Energy Services – Retro-Commissioning SUMMARY The President and Chief Executive Officer submitted the following report: “The Trustees are requested to approve the award of retro-commissioning, third party commissioning and project implementation services with the firms of EME Group, WSP Flack and Kurtz and Horizon Engineering for an aggregate amount of $25 million (initial award $5M each) in connection with the Authority’s Governmental Customers Energy Efficiency Services Programs (‘GCESP’). These funds will be taken from program funds previously approved by the Trustees, so no additional funding is requested at this time. “As provided in the 2005 Long-Term Agreements governing the supply of electricity (‘LTAs’) with the Authority’s Governmental Customers, these funds, along with the cost of advancing these funds, will be recovered from the customers participating in the GCESP. BACKGROUND “Section 2879 of the Public Authorities Law and the Authority’s Guidelines for Procurement Contracts require the Trustees’ approval for procurement contracts involving services to be rendered for a period in excess of one year. “In accordance with the Authority’s Expenditure Authorization Procedures, the award of non-personal services or equipment contracts in excess of $3 million, as well as personal services contracts in excess of $1 million if low bidder, or $500,000 if sole source or non-low bidder, require the Trustees’ approval. “The Trustees previously authorized funding in the amount of $1.5 billion to finance energy efficiency and clean energy technology projects for the Authority’s Governmental Customers. Subsequent to the Trustees’ authorization of funding, the City of New York has significantly increased its participation in the Authority’s GCESP in order to meet Mayor Bloomberg’s plaNYC goals. It is anticipated that the City will release $25 million in Retro-Commissioning and Third Party Commissioning initiatives over the next three years, specifically to meet the requirements of the newly-approved Local law 87. Local law 87 requires all private and public buildings over 50,000 sq-ft to be retro-commissioned. “Retro-commissioning is the process by which existing building systems are evaluated with the idea of optimizing operation, maintenance and performance in accordance with the existing use of the building. The intent is to develop energy savings from existing buildings that suffer from one or more of the following: poor initial design, multiple renovations, changes to control settings and poor operating and maintenance procedures. Energy savings are derived from either the replacement or rehabilitation of poor performing equipment or changes in use and system operation. DISCUSSION Contractor Selection “On April 25, 2011, the Authority advertised a Request for Proposals (‘RFP’) in the New York State Contract Reporter soliciting firms interested in providing retro-commissioning services for the GCESP. As a result of that advertisement and invitations to bid, 74 firms downloaded the RFP from the Authority’s website. Eighteen firms attended the mandatory bidders’ conference held on May 4, 2011 to explain the proposed scope-of-work and provide an opportunity for potential bidders to ask questions and seek clarification. 40
July 26, 2011 “On May 24, 2011, nine firms submitted bids for the program. The bids were evaluated based on a number of technical criteria and cost by a team of staff members. These criteria included the firm’s and its personnel’s relevant technical experience in conducting retro-commissioning surveys and preparing retro-commissioning plans, including third party commissioning; fees; practical knowledge of building systems and energy-efficiency driven projects; quality of specifications; operation and maintenance manuals and the firm’s financial security. As a result of staff’s evaluation, staff recommends awarding contracts to the following firms which offered the best services at the lowest cost: EME Group, WSP Flack & Kurtz and Horizon Engineering. The contracts would cover a three-year period starting in August 1, 2011 and ending in July 31, 2014. EME Group (‘EME’) “Headquartered in New York City, EME, the best evaluated bidder, is a full-service consulting engineering group that provides turnkey energy conservation services, including retro-commissioning, third-party commissioning development, design and construction implementation of energy efficiency and sustainable design projects. EME has been in business for over 20 years and has been recognized over the years for its contributions to energy efficiency. WSP Flack and Kurtz (‘Flack & Kurtz’) “With offices worldwide, including New York City, Flack & Kurtz, the second best evaluated bidder, is a full-service engineering company that provides turnkey energy conservation services, including retrocommissioning, third-party commissioning, development, design and construction implementation of energy efficiency and sustainable design projects. Flack & Kurtz has been in business for over 20 years and has been recognized over the years for its contributions to energy efficiency and sustainable design. Horizon Engineering Associates (‘Horizon’) “Headquartered in New York City, Horizon, the third best evaluated bidder, is a full-service consulting engineering company that provides turnkey energy conservation services, including retro-commissioning, thirdparty commissioning development, design and construction implementation of energy efficiency and sustainable design projects. Horizon has also been in business for over 20 years and is recognized as one of the nation’s leading providers of commissioning and sustainable consulting of building systems. FISCAL INFORMATION “No additional funding is requested to implement the Authority’s service offering under the GCESP. The existing funding will be provided from the proceeds of the Authority’s Commercial Paper Notes and/or the Operating Fund. In addition, projects may be funded, in part, with monies from the Petroleum Overcharge Restitution (‘POCR’) fund. All Authority costs, including Authority overheads and the costs of advancing funds, but excluding any grant of POCR funds, will be recovered consistent with other Energy Services and Technology Programs. RECOMMENDATION “The Acting Senior Vice President – Energy Services and Technology recommends that $25 million of the previously approved funding for the Governmental Customer Energy Services Program be allocated and that procurement services contracts for Retro-Commissioning Implementation Contractor services be awarded to EME Group, WSP Flack & Kurtz and Horizon Engineering. For the reasons stated, I recommend the approval of the above-requested action by adoption of a resolution in the form of the attached draft resolution.” 41
Page 1 and 2: MINUTES OF THE REGULAR MEETING OF T
Page 3 and 4: July 26, 2011 Minutes of the Regula
Page 5 and 6: July 26, 2011 Introduction Chairman
Page 7 and 8: July 26, 2011 a. Approval of the Mi
Page 9 and 10: July 26, 2011 “Following a review
Page 11 and 12: July 26, 2011 3. a. Report of the P
Page 13 and 14: July 26, 2011 b. Report of the Chie
Page 15 and 16: July 26, 2011 4. Proposed Expansion
Page 17 and 18: July 26, 2011 average of 15.1 new j
Page 19 and 20: July 26, 2011 RESOLVED, That the Ch
Page 21 and 22: July 26, 2011 Section I Non-Complia
Page 23 and 24: July 26, 2011 Recommendation: Staff
Page 25 and 26: July 26, 2011 Niagara LaSalle Corpo
Page 27 and 28: July 26, 2011 The Carriage House Co
Page 29 and 30: July 26, 2011 RESOLVED, That the Ch
Page 31 and 32: July 26, 2011 commitments. Thus, cu
Page 33 and 34: July 26, 2011 7. Increase in Hydroe
Page 35 and 36: July 26, 2011 (f) Use of the RSR fo
Page 37 and 38: July 26, 2011 “The proposed actio
Page 39 and 40: July 26, 2011 RESOLVED, That the Se
Page 41: July 26, 2011 work, is capable of c
Page 45 and 46: July 26, 2011 any and all actions a
Page 47 and 48: July 26, 2011 “The window replace
Page 49 and 50: July 26, 2011 11. Amended and Resta
Page 51 and 52: July 26, 2011 13. Amendments to the
Page 53 and 54: July 26, 2011 15. Motion to Conduct
Page 55 and 56: July 26, 2011 17. Election of Actin
Page 57 and 58: July 26, 2011 19. Next Meeting The
Page 59 and 60: July 26, 2011 EXHIBITS For July 26,
Page 61 and 62: July 26, 2011- NYPA Trustees’ Mee
Page 63 and 64: July 26, 2011- NYPA Trustees’ Mee
Page 65 and 66: Exhibit “A” Economic Developmen
Page 67 and 68: served by the 51 municipal and coop
Page 69 and 70: Generation revenue in June was $176
Page 71 and 72: In June, NYPA finalized a position
Page 73 and 74: GLOSSARY 1 Net Generation - The ene
Page 75 and 76: as a single regional compliance mar
Page 77 and 78: Report of the Chief Financial Offic
Page 79 and 80: RESULTS OF OPERATIONS Net Income Si
Page 81 and 82: RESULTS OF OPERATIONS 140 120 100 8
Page 83 and 84: RESULTS OF OPERATIONS 180 O&M Expen
Page 85 and 86: CASH AND LIQUIDITY INVESTMENT PORTF
Page 87 and 88: DEBT Unhedged Variable Rate 12% Deb
Page 89 and 90: Exhibit 1: Average August to Decemb
Page 91 and 92: New York Power Authority Financial
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New York Power Authority Exhibit "4
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APPLICATION SUMMARY Expansion Power
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July 26, 2011 Exhibit “4-B-1” P
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WHEREAS, the Customer has completed
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R. Replacement Power (or RP) is 445
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the Service Tariff shall govern. In
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X. Transition of Allocation to WNY
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XVII. Waiver A. Any waiver at any t
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SCHEDULE A TO AGREEMENT FOR THE SAL
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United States Department of Labor (
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APPENDIX TO SCHEDULE B Base Employm
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The POWER AUTHORITY OF THE STATE OF
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D. Electric Service is the Firm Pow
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C. The Contract Demand for the Cust
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Charges associated with the Allocat
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B. Except where otherwise herein sp
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AGREED: TRY-IT DISTRIBUTING CO., IN
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SCHEDULE B TO AGREEMENT FOR THE SAL
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eduction of the Contract Demand to
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July 26, 2011 Exhibit “5-A-1” C
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July 26, 2011 Exhibit “A-2” Com
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New York Power Authority Preliminar
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New York Power Authority 2011 Preli
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Discussion The attached preliminary
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Added to the O&M for ratemaking pur
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The capital costs (both debt- and e
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2012 to 2014 costs, respectively. T
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The proposed demand and energy rate
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NEW YORK POWER AUTHORITY HYDROELECT
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Table 1 EMBEDDED COSTS FOR ANCILLAR
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Table 3 EMBEDDED COSTS FOR BLACK ST
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Table 5 EMBEDDED COSTS FOR OPERATIN
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TABLE OF CONTENTS Page ARTICLE I DE
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“Commercial Paper Rate Mode” me
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“Term Rate Mode” means the mode
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Chairman, President and Chief Execu
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Beneficial Owners to receive paymen
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(l) any other provisions deemed adv
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306. Delivery of Bonds. Except as o
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(a) The General Resolution has not
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APPENDIX A [FORM OF BONDS] No. 2011
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To the extent and in the manner per
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IN WITNESS WHEREOF, POWER AUTHORITY
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FORM OF ASSIGNMENT ASSIGNMENT FOR V
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POWER AUTHORITY OF THE STATE OF NEW
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Implementation of any refunding wil
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under the Securities Exchange Act o
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executing officer deems in his or h
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EXHIBITS Exhibit 1: Amended and Res
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$___,___,000 Series 2011 A Bonds SE
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[This page intentionally left blank
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Rate Covenant......................
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Registration of the 2011 Bonds.....
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through purchased power (see ‘‘
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Trust Estate The Trust Estate consi
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and such pledge shall be subordinat
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Optional Redemption The 2011 Bonds
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casualty and life insurance compani
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“OID” is the excess of (i) the
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The specific nature of the informat
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3. The 2011 Bonds have been duly an
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4. To facilitate subsequent transfe
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circumstances, compliance with this
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year in which the change is made sh
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(vii) modifications to rights of Bo
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IN WITNESS WHEREOF, the parties hav
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APPENDIX D LITIGATION Land Claims (
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the costs of such pending claims, o
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PART 2 of the OFFICIAL STATEMENT of
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TABLE OF CONTENTS FOR PART 2 THE AU
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PART 2 of the OFFICIAL STATEMENT of
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CERTAIN FINANCIAL AND OPERATING MAT
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500-MW Plant and Cessation of Opera
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enefits from cash from operations.
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The Authority may issue additional
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Enterprise Risk management program,
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needs at any point in time. Unless
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NYISO Capacity Requirements Matters
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equirements of certain municipal el
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(a) Industrial Power Programs The 2
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withdrawn by the Authority on Augus
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improved energy efficiency and clea
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development purposes within St. Law
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approved to receive Awards, with to
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transmission facilities tariff on f
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THE AUTHORITY’S FACILITIES Genera
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eservoir, and power transformation
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(6) Out-of-State Power Allocations
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SCPPs To meet potential capacity de
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east from the St. Lawrence Project
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to predict whether any such bills o
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esponsibility for purchasing energy
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Commission in the coming months.[up
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could potentially result in signifi
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discussion does not purport to be c
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whether negotiable or non-negotiabl
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Operating Expenses means the Author
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Qualified Swap. Rating Agency means
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eimbursement are equal to the amort
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Capital Fund The General Resolution
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(General Resolution, Secs. 801, 802
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APPENDIX 2 BACKGROUNDS OF THE AUTHO
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Eugene L. Nicandri, Trustee Judge E
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Francine Evans, Executive Vice Pres
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Jordan Brandeis, Senior Vice Presid
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Exhibit “12-A” July 26, 2011 GO
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c. Advise the Board of Trustees on
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GOVERNANCE COMMITTEE CHARTER Exhibi
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d. Periodically review and as neces
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Exhibit “13-A” Editing Note: Th
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ARTICLE VII - FISCAL MANAGEMENT 7 S
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Section 2. Annual Meeting The annua
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as he or she may deem necessary in
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are carried out for and reported to
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and shall report on and make recomm
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Section 4. Capital Expenditure Plan
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Exhibit “13-B" July 26, 2011 BY-L
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ARTICLE VII - FISCAL MANAGEMENT 9 S
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Section 2. Annual Meeting The annua
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the general supervision of the busi
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policies of the Authority, supervis
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members of the Board of Trustees. A
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Section 5. Expenditure Authorizatio
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DATE: 07/26/2011 REVISION: 0 POWER
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DATE: 07/26/2011 REVISION: 0 POWER
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