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Information

Avoiding Pitfalls of Energy Savings Performance Contracts

July 1, 2020

Detail of a toy labyrinth

A guaranteed energy savings performance contract provides a method to finance and implement capital improvements and services that save energy and operational dollars. The energy and operational cost savings produced by the project are typically enough to cover all project costs (including financing and any ongoing services) over the contract term.

As with most opportunities to succeed, there are also some potential risks, but in guaranteed energy savings performance contracts they can be mitigated with a little common sense. The potential pitfalls of implementing guaranteed energy savings performance contracts are well documented. When selecting a partner, you should make sure they have an approach that will alleviate these concerns.

Although the concept and process are proven, some energy service companies have taken advantage of schools by failing to explain or inform them of the key technical and financial decisions that need to be made by the administration and board of education. Instead, in such cases, the energy service company made the decisions without administrations involvement and simply crafted the contract to favor the energy service company and not the district. A summary of major pitfalls is listed below:

Utility Bill Guarantee

Some companies have elected to provide a guarantee based on your utility bills, which allows for an energy baseline adjustment. If not done properly, this can create a significant problem for schools in the long term. This provides the potential for arguments and often does not provide the data to make you feel comfortable that you are really achieving savings. The concept of this method is that your bills are entered for three years and that “baseline” is used to compare future energy usage.

But schools are always changing equipment or operating times, so no year is exactly the same as the last year. Therefore a “baseline adjustment” must be made to increase the baseline when more energy is used. For example, if you added more students, there may be a formula designed to consider the heat load that student added to your facility (especially if it negatively impacts the savings guarantee). There will likely be adjustments for things such as weather, attendance, activities, hours of operation, construction, computers, copiers, coffee machines, refrigerators, fans, etc. Are you going to check all the calculations? For each of your buildings?

Are you going to make sure the energy service company considers all the factors that positively affect your savings, so they do not take credit for it? If so, it may end up being a full-time job by itself. But if you do not, you may never be sure you are achieving the savings. Companies that use this method often charge you for all their time to come up with the adjustments. This method of verifying savings tries to track your savings by measuring the effect of everything that consumes energy in the building except for the efficiency measures themselves.

Energy Baseline Adjustment

It is crucial that the district administration participate in establishing the energy baseline, instead of the energy service company establishing the baseline on its own. It is also important that the district administration agree on the definitions and methodology for making any future adjustments to the energy baseline.

The reality is that there are an unlimited number of things in your facilities and how you operate them that can change energy use (weather, attendance, activities, hours of operation, construction, computers, copiers, coffee machines, refrigerators, fans, etc.). There is no way to identify every possible scenario in an up-front contract of how you might have to adjust a baseline for these things.

The district can include a provision that requires or allows third party opinions on adjustments, but unless energy service companies can provide you with all the possible adjustment calculations in the contract, the third party that the district might hire will not have a basis to work from. The utility bill “guarantee” should probably just be avoided.

Maintenance and Operational Savings

These savings include items that are not energy. They can be labor or material savings that result from the implementation of a particular energy conservation measure. For instance, if a school has new lights installed in all classrooms, no labor or materials will be necessary in these areas for changing out lamps or ballasts for a well-defined time period. Temperature control systems will save you time in theory, but you may not actually eliminate any staff.

Any claimed operational savings should be carefully examined and verified by the district before agreements are signed. In some cases (such as the case with labor savings) the savings may never actually be realized and will not show up in the budget (i.e., you do not save labor unless a position is eliminated).

Capital Cost Avoidance Savings

This term applies to implementing measures that will allow districts to avoid future costs but does not always save hard dollars in budgets. For instance, if a school knows that it needs to replace a boiler within the next ten years, it will need to appropriate capital dollars to do so. However, if the school installs a boiler under the guaranteed energy cost savings contract today, it will avoid spending the future capital outlay on the boiler.

Districts need to be careful! When energy service companies propose the inclusion of cost avoidance in calculating savings, districts must make sure they budget for the payments. Districts should not include these so-called savings in their calculations unless they have a stream of future capital dollars that can be earmarked toward the project.

Excessive Finance Charges

There have been instances where energy service companies inflated the interest rate on the funds borrowed to generate additional profits. Districts should check the rates against local banks or other national institutions to make sure they are competitive. Districts may be able to arrange their own financing at lower rates.

Pre-established Escrow Payments

Some companies have decided to set their payments on a pre-established schedule, instead of having you pay based the percent of project completion. This allows the company to obtain better cash flow and additional earnings through interest by collecting your money before they have completed the work. This not only costs you extra money, but also puts you at risk if the project is not completed and you have already paid.

Product Bias

Some companies in this industry are also product providers. They will often utilize their products to attempt to meet your needs regardless of whether they are the right solution, cost, or value for the client. They may even say they will use other vendors product instead of their own but may skew the design to benefit their solutions.

Subcontracting Parts of the Construction to Themselves

A request for proposals (RFP) may require fees and markups to be negotiated and pre-established. This option is impossible to manage when these fees can be circumvented by an energy service company that is a direct provider of products or construction labor. If they provide these services, they will provide them as a subcontract to themselves. It is difficult for these types of energy service companies to get competitive prices on the products and labor they provide because they are asking their everyday competitors for a price and there is significant opportunity for funny business. It is not likely you will get a fair price and these types of companies might not be the best partner. Your interests may become secondary to theirs in not disclosing additional or exaggerated profits in their product or construction pricing.

Required Maintenance Agreements

Some energy service companies have required that the preventive maintenance on facilities also be outsourced to that energy service company. As such, they tie the maintenance agreement to the guarantee agreement. Districts need to be careful! Typically, these maintenance agreements are very expensive in relation to the value provided. Often, the argument for the maintenance agreements by the energy service companies is that if the maintenance is not performed by their staff, they cannot assure that the guaranteed savings will occur. Not all energy service companies agree with this position. In many cases, there are energy service companies willing to guarantee savings while providing training for district maintenance staff so they can handle maintenance requirements.

Lack of Local Facilities Control

There have been abuses in the guaranteed energy saving performance contract business where energy service companies have restricted after-hours building usage. The objective of the performance contract should be to increase comfort and control, and not restrict a valid facility use.


About the author – Paul Harrell is a business development manager with Navitas. His background as a Certified Public Accountant and 33 years of experience in the education sector help him bring a practical approach to developing strategies for school districts wanting guidance in how to manage their overall budget and utility costs. He can be reached at pharrell@navitas.us.com or 913-344-0049

Filed Under: Information

How Energy Savings Performance Contracts Help Schools

June 8, 2020

Deferred maintenance in schools is common due to the difficulty in finding funding to meet all their needs. The unfortunate consequence is that this will begin to challenge the quality of the learning environment for students and staff. One way to improve school buildings without putting additional demands on capital budgets is through a guaranteed energy savings performance contract (ESPC), also called a guaranteed energy cost savings contract. Even if you do not have significant deferred maintenance this type of program may be an additional tool to benefit your district.

Before vs After ProgramA guaranteed energy savings performance contract provides a method to finance and implement capital improvements and services that save energy and operational dollars. The energy and operational cost savings produced by the project are typically sufficient to cover all project costs (including financing and any ongoing services) over the contract term. Contract terms are usually 15 years.

The guaranteed energy savings performance contract is a simple concept (see at left). An energy service company conducts a comprehensive audit of selected facilities to determine the potential for saving energy and operational costs through high-efficiency equipment replacement or upgrades. Based on the results, the energy service company makes recommendations that, when implemented, will generate enough energy and cost savings to pay for the cost of the project over the term of the contract—providing budget neutral facility upgrades. This is accomplished by redirecting existing utility and operational expenditures toward the funding of new systems and equipment.

Many states have enacted laws that govern how public sector entities may use energy savings performance contracts. Most of these laws require the energy service company to provide a savings guarantee, which reduces the potential risk to the school district. If the guaranteed energy reductions do not materialize, the energy service company is contractually liable to pay for any shortfall. This reconciliation is traditionally conducted annually. These laws also provide for the procurement process and a financial mechanism for the transfer of operational savings in the General Fund to make project payments out of the Capital Project Fund.

How Schools Benefit

school desks

Many schools are facing some difficult choices. High community expectations, new educational standards, increasing expenditures, aging facilities and limited school funding are some of the issues forcing tough decisions. Changing times often require new and more complex community interaction, instructional programs, financial solutions, and long-term facility plans for schools.

All too often schools are in the news for the wrong reasons. If done correctly, this type of program can help you generate a positive image and publicity by educating the community on your commitment to being fiscally responsible by promoting the savings that improved facilities generate. In fact, many schools completing these programs are being nationally recognized by organizations like ENERGY STAR® and the U.S. Green Buildings Council’s LEED program, while being applauded by local news organizations and their own communities. There are many reasons to utilize a guaranteed energy cost savings contract. Some of the reasons are as follows:

  • Life Cycle Cost Decision Process. Decisions for school facilities are often made on initial up-front construction costs. This has often put districts in situations where they are paying large sums of money year after year that far outweigh those costs saved up front. This program evaluates decisions on a life cycle cost basis. This takes into consideration the on-going operating costs of the systems as well as the up-front costs. This is how real value is determined.
  • Negotiate for Contractors and Products vs. Low Bid. Through this program you can negotiate or conduct a select-bid process with contractors and vendors for services without using the low bid process. The low bid process may sometimes allow unqualified providers into your process. This approach allows maintenance staff to have options for consistency in products and obtain the expertise needed for exceptional results
  • Design Build Construction. This method of construction allows select contractors to be involved in the design process. It has been shown that contractors and vendors can provide designers insight that will improve solutions and reduce costs in the implementation of facility improvements.
  • Specialized Energy and Renovation Partners. Energy service companies are a specialized type of organization. The expertise of understanding client’s needs, building problems, energy efficiency, conducting construction in existing buildings and monitoring results are their focus. Because of this there is an inherent knowledge feedback look to identify the types of improvements and strategies that perform and those that do not. This level of expertise is not found in the traditional design or construction industry.
  • Better Facilities. By updating or replacing equipment that is old and obsolete with newer, more efficient technologies, you will have lower energy use, higher-quality systems, fewer breakdowns, and reduced maintenance. When building occupants experience improved lighting, better air quality and more comfortable room temperatures, they are likely to be happier and more productive.
  • Accountability. This program provides the simplicity of having a single source provider. It provides single point accountability for performance, rather than the conflicting project requirements resulting from multiple contracts with multiple vendors. The program guarantees the results in terms of both savings and acceptable indoor environmental comfort parameters (light levels, air temperature, ventilation rates, etc.).
  • Productivity of Learning Environment. Providing a healthy learning environment paid for with operational cost savings makes economic sense. The financial benefits will easily justify the investment in this program. The health and learning benefits for students make this an even better investment.
  • Be A Good Steward of Public Funds Using A Valuable Financial Tool. This program allows schools to divert funds that would be spent on energy bills and operational costs into investments in school facilities or educational programs. This means limited budgets can stretch further, putting taxpayers’ money where it really counts. More modern, efficient energy systems can show your commitment to your taxpayers that you have their best interests in mind and are being good stewards of their money. Often patrons are willing to give more money to administrations they believe are good financial stewards of their district funds.
  • Positive Cash Flow. Operational cost savings in excess of project costs can be used for educational programs or additional capital projects. Financial solutions can be structured for annual positive cash flow in operating budgets or capital budgets.
  • Guaranteed Savings. Monitoring of project performance and contractual financial guarantees provide a strong incentive to the energy service company to achieve and maintain predicted savings over the term of the contract. Program goals are to minimize life cycle costs and maximize net benefits. Proper measurement and verification of savings provides the data to verify savings are achieved and adapt equipment operations to best meet occupant’s needs.
  • Supplement Bond Issue Funds. By using this program to fund efficient equipment that will save you money in budgets long term, you may be able to eliminate short bond issue budgets and the “value engineering” process altogether. This could help you keep those things you value in your project or increase your available funding.
  • Improvements Without Financial Sacrifice. This program allows you to tackle energy efficiency projects now even if no funds are available. This means you can still afford improvements when faced with budget cuts or competing priorities. And, you can take a comprehensive approach that will optimize your benefits for budgets and facilities.

About the author – Paul Harrell is a business development manager with Navitas. His background as a Certified Public Accountant and 33 years of experience in the education sector help him bring a practical approach to developing strategies for school districts wanting guidance in how to manage their overall budget and utility costs. He can be reached at pharrell@navitas.us.com or 913-344-0049

Filed Under: Information

Unoccupied Buildings Can Help You Save Money

March 31, 2020

Life has become crazy lately and it feels like the world has turned upside down.

Office buildings, classrooms, and public places have been shut down. People are working from home in greater numbers than ever before, and students of all ages are being taught via the internet instead of in traditional classrooms.

This means that there are a lot of unoccupied buildings in this country, many of which are still being heated or cooled as if they were full of people.

If you have been forced to shut down your facilities, take advantage of it to reduce your operational costs.

First, use the building’s energy management system (EMS) or building automation system (BAS) to set back the temperature in all your unoccupied spaces. This can often reduce your utility costs by 50% – 70%.

Second, you may be able to consolidate office space by relocating your remaining workers or staff into the same building. This will allow you to take one or multiple buildings ‘offline’ and add them to the unoccupied building list.

Filed Under: Information

Investing Energy Savings in Your Campus Facilities

November 11, 2019

campus map

Colleges and universities throughout the country are taking a hard look at their facilities. Most of these institutions have buildings that are at least 30 years old and they need to be updated. Today’s Gen-Z students also demand certain amenities that schools struggle to provide. Couple these problems with utility costs that continue to rise and shrinking operational & maintenance budgets, many of our colleges feel like they are stuck between a rock and a hard place. They know what needs to be done and work hard to stretch every dollar to get things done, but the money only goes so far.

College leaders and governing board members struggle to develop a financial model that generates adequate funding for needs. And so, buildings continue to be neglected because tight budgets have forced the administration to take a deferred maintenance approach to maintaining their facilities. After all, “deferred maintenance” is sounds much better than “neglected maintenance.” This takes a heavy toll on campus facilities and does not help with the enrollment struggle of trying to attract and retain Gen-Z students. After all strong enrollment is essential for the financial health of a college or university.

Energy Conservation as a Solution

There is a nontraditional solution that can redirect monies already in your budget to pay for facility improvements and upgrades. Many campuses are full of building equipment and systems that are outdated and energy thirsty. Deferred maintenance and other budget issues often make it hard to upgrade these systems. But replacing energy-thirsty equipment with newer energy efficient systems can save money in utility costs. Done properly, upgrading these outdated systems can actually pay for themselves and fund other improvements. Most importantly, this approach complies with both state and federal statutes related to energy services and performance-based contracting.

Here is how to make it work:

  • Find a professional energy service company (ESCO) that can help you develop a strategy for improving your institution’s financial health.

  • With the ESCO’s help and expertise, conduct and energy audit. A comprehensive energy audit of your college facilities will help you identify inefficient systems and equipment that is costly to operate.

  • The ESCO will develop a turn-key solution that may develop into a project that is completely “paid from energy savings.” The key to making this work is to find an ESCO consultant that you can trust. One who is focused on addressing your unique needs rather than using a “one-size fits all” approach.

  • The improvements often include upgrades to the mechanical systems, lighting, water fixtures, windows, and other building envelope upgrades. These can be paid for over time with the savings generated in your monthly utility bills.

Benefits from an Energy Conservation Project

Below are some of the benefits that have been expressed by higher ed leaders who have utilized a “paid from energy savings” approach:

Become Better Stewards of Resources

  • By addressing needs and improving living conditions on campus, the college is becoming a better steward of resources.

  • Using sustainability and “green” initiatives to generate a new revenue stream can get donors excited and more willing to contribute.

  • It creates practical “asks” for donor funding of tasks, which can be marketed as “the gift that keeps on giving” back to the university through utility savings. This method speaks to a college’s commitment for the long run!

Attracting & Retaining Students, Faculty, and Staff

  • Improving the quality and comfort of the learning environment goes a long way to attract Gen-Z students. In addition, upgraded facilities make it easier to attract and retain quality faculty and staff.

  • Implementing an energy conservation program shows that your institution is being a good steward of the environment. This helps promote a culture of social responsibility on your campus. It is a testimony to a forward-looking college or university.

No Donor Gifts or Operational Funds Required

  • Saving energy means saving money. An energy conservation program can be implemented in a budget-neutral manner. The improvements are paid for from the utility savings associated with the program.

  • Since the turn-key solution offered through our program does not have up-front costs, the project demonstrates fiduciary responsibility of donor gifts and operational funds.

Facility Maintenance Benefits

  • Implementing an energy conservation program allows you to update your aging or failing building systems using existing utility dollars.

  • Upgraded building systems reduces the need for outsourced maintenance, which reduces maintenance costs. It also frees your facilities team to focus on preventive maintenance.

Environmental Benefits

  • By conserving energy, you reduce your campus carbon footprint, which contributes to a better environment, both locally and globally.


Kent ClowAbout the author – Kent Clow is a business development manager with Navitas. His background includes working as a customer advocate in business and contract management with 30 years of experience in the aerospace industry. This helps him bring a practical approach to developing strategies for higher education clients who want guidance in how to initiate an energy conservation program in their campus operations. He also serves as a trustee with Culver-Stockton College and can be reached at kclow@navitas.us.com.

Filed Under: Information

Did You Know . . . Refrigerator?

October 23, 2019

Picture of Retro Refrigerator

Did you know that an old refrigerator or freezer uses more energy than a new one.

In fact, if your fridge was manufactured before 1990, its probably costing you an extra $200 a year to run.

Today’s new ENERGY STAR rated refrigerators and freezers are equipped with high efficiency compressors that cost lest to operate than older models.

New fridge and freezers also have more insulation in the walls and doors, which means it takes less energy to keep things cold.

If you’re curious about how much money you can save by replacing your fridge or freezer, ENERGY STAR has an easy to use calculator.

Remember conserving energy is not only good for the planet, its good for your pocketbook.

Filed Under: Information

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