Loading...
HomeMy WebLinkAboutAddendum - 1Agreement No. 2025-003 A (1), Amendment No. 1 M&V Agreement No. 2025-003 B (2) Contract No. 2025-003 G (1-1) Funding Approval Detail ESCO Professional Services Energy Audit and Energy Services Proposal $ 98,400.00 *Audit & Energy Services Proposal from Authorization 25-003 A (1) $ (98,400.00) Design and Implementation of Energy Conservation Measures $ 627,606.00 Apprenticeship Incentive $ 1,000.00 Sales Tax (10.3%) (Includes tax on Audit proposal) $ 74,881.62 Total $ 703,487.62 ESCO Measurement and Verification First Year Measurement & Verification $ 18,900.00 Sales Tax (10.3%) $ 1,946.70 Total $ 20,846.70 ESCO Construction ESCO Contract Amount $ 1,873,587.00 Sales Tax (10.3%) $ 192,979.46 Contingency Amount (with Tax) $ 105,566.22 Total $ 2,172,132.68 DES Energy Program Project Management Services Project Management Fee from IAA No. K4137, Amendment No. 7 $ 62,500.00 Total $ 62,500.00 Note: Items and dollar values shown in a lighter color shade have been approved via previous funding authorizations and are shown for informational purposes only. 2025003GcontAamd1BagrFundrw Interagency Agreement No. K4137 Page 1 of 5 State of Washington ENERGY PROGRAM Department of Enterprise Services P.O. Box 41476 Olympia, WA 98504-1476 INTERAGENCY AMENDMENT IAA No.: Project No. Amendment No. K4137 2017-299, 2018-027, 2022-131, 2025-003 7 City of Renton 1055 South Grady Way Renton, WA 98057 Date:May 9, 2025 INTERAGENCY AMENDMENT Between CITY OF RENTON And WASHINGTON STATE DEPARTMENT OF ENTERPRISE SERVICES The parties to this Amendment, the Department of Enterprise Services, Energy Program, hereinafter referred to as “DES”, and City of Renton, hereinafter referred to as the “CLIENT AGENCY”, hereby amend the Agreement as follows: The purpose of this Amendment is to establish a vehicle for DES to provide future Energy/Utility Conservation Project Management and Monitoring Services to the CLIENT AGENCY and to authorize the development of the energy services proposal. 1. TERM. The term of the agreement commences November 1, 2016, and ending on December 31, 2027 unless altered or amended as provided herein. 2. STATEMENT OF WORK; COMPENSATION. Energy Program shall provide the following services, for the following compensation, to Client Agency. a. SERVICES: DES shall furnish the necessary personnel and services and otherwise do all things necessary for or incidental to the performance of the work set forth in Attachment “A” and Attachment “C”, attached hereto and incorporated herein by reference. Unless otherwise specified, DES shall be responsible for performing all fiscal and program responsibilities as set forth in Attachment “A” and Attachment “C”. Energy/Utility Conservation projects shall be authorized by Amendment to this Agreement. 1.1 Renton Senior Center Energy Efficiency Improvements outlined in the Sunset Air, Inc. Energy Services Proposal dated July 18, 2017. 1.2 Review of Measurement and Verification reports for the Renton Senior Center Energy Efficiency Improvements outlined in the Sunset Air, Inc. Energy Services Proposal dated July 18, 2017. 1.3 ESP Addendum for Renton Senior Center Energy Efficiency Improvements outlined in the Sunset Air Inc. Energy Services Proposal dated October 20, 2017. 1.4 City of Renton, City Hall Phase 1 outlined in the McKinstry Essention, LLC Energy Services Proposal dated October 19, 2018, revised November 5, 2018. 1.5 Cancel years 2 & 3 Measurement & Verification fees for 2017-299 G (1-1). 1.6 City of Renton, City Hall Phase 2 outlined in the McKinstry Essention, LLC Energy Services Proposal dated November 5, 2020. Project No. 2018-027 H 2a.1 City of Renton Energy Upgrades Phase 3 outlined in the McKinstry Essention, LLC Energy Services Proposal dated February 24, 2023. Project No. 2022-131 2a.2 Review of Measurement and Verification reports for the City of Renton Energy Upgrades Phase 3 outlined in the McKinstry Essention, LLC Energy Services Proposal dated February 24, 2023. Project No. 2022-131 2a.3 City of Renton Ph 4 Energy Upgrades & 2022 Efficiency Grant outlined in the McKinstry Essention, LLC Energy Services Proposal dated April 25, 2025, Project No. 2025-003 2a.4 Review of Measurement and Verification reports for the City of Renton Ph 4 Energy Upgrades & 2022 Efficiency Grant outlined in the McKinstry Essention, LLC Energy Services Proposal dated April 25, 2025, Project No. 2025-003 The CLIENT AGENCY shall provide the Energy Services Company (ESCO) with any additional contract language necessary to comply with the requirements established under federal grants, the American Recovery & Reinvestment Act of 2009 (ARRA) and the Energy Efficiency and Conservation Block Grant (EECBG). The ESCO and their subcontractors are required to comply with all applicable federal regulations and reporting procedures. b. COMPENSATION. Compensation under this Agreement shall be by Amendment to this Agreement for each authorized project. Each Amendment will include a payment schedule for the specific project. i. Project Management Services (Attachment A): For Project Management Services provided by DES, the CLIENT AGENCY will pay DES a Project Management Fee for services based on the total project value per Project Management Fees Schedule set forth in Attachment “B”. Interagency Agreement No. K4137 Page 3 of 5 ii. Termination Fee: If the CLIENT AGENCY after authorizing an investment grade audit and Energy Services Proposal, decides not to proceed with an Energy/Utility Conservation project that meets the CLIENT AGENCY’s cost effective criteria, then the CLIENT AGENCY will be charged a Termination Fee per Attachment “B”. The Termination Fee will be based on the estimated Total Project Value outlined in the Energy Audit and Energy Services Proposal prepared by the Energy Services Company (ESCO). iii. Measurement & Verification Services (Attachment C): If measurement and verification services beyond the first three years following the Notice of Commencement of Energy Services are requested by the CLIENT AGENCY, and provided by DES under Attachment “C” of this Agreement, the CLIENT AGENCY will pay DES $2,000.00 annually for each year that monitoring and verification services are provided. c. PAYMENT OF ESCO SERVICES. Compensation for services provided by the ESCO shall be paid directly to the ESCO by the CLIENT AGENCY, after DES has reviewed, recommended approval, and sent the invoices to the CLIENT AGENCY for payment. 4.1 Energy Project Management Fee for the work described in Section 1.1 is $13,800.00. Anticipated billing date for this Amendment is September 30, 2017. 4.2 Measurement and Verification Fee for the work described in Section 1.2 is $4,000.00. Anticipated billing dates for this Amendment are December 14, 2019 and 2020. 4.3 Revised Energy Project Management Fee for added kitchen scope of work described in Section 1.3 is increased by $6,000.00 to a new fee of $19,800.00. Anticipated billing date for this Amendment is January 31, 2018. 4.4 Energy Project Management Fee for the work described in Section 1.4 is $58,300.00. Anticipated billing date for this Amendment is June 1, 2019. 4.5 Deduct $4,000.00 for years 2 & 3 Measurement & Verification Fee on Project No. 2017- 299 G (1-1). 4.6 Energy Project Management Fee for the work described in Section 1.6 is $62,500.00. Anticipated Billing date for this Amendment is September 1, 2021. Project No. 2018-027 H 2c.1Energy Project Management Fee for the work described in Section 2a.1 is $62,500.00. Anticipated billing date for this Amendment is July 19, 2024. Project No. 2022-131 2c.2Measurement and Verification (M&V) Fee for the work described in Section 2a.2 is included in the project management fee for the first three years. Duration of the M&V period for this Amendment is One years. Anticipated M&V review dates for this Amendment are November 2025. Project No. 2022-131 Interagency Agreement No. K4137 Page 4 of 5 2c.3 Energy Project Management Fee for the work described in Section 2a. 3 is $62,500.00. Anticipated billing date for this Amendment is January 31, 2026. Project No. 2025-003 2c.4 Measurement and Verification (M&V) Fee for the work described in Section 2a. 4 is included in the project management fee for the first three years. Duration of the M&V period for this Amendment is 1 one year. Anticipated M&V review dates for this Amendment are December 2027, Project No. 2025-003 The new total Agreement value is $265,600.00. Sections d. through e. terms and conditions of the original Agreement remain in full force and effect. 3. INVOICES; BILLING. a. BILLING PROCEDURE. Energy Program shall submit a single invoice to the CLIENT AGENCY upon substantial completion of each authorized project, unless a project specified a Special Billing Condition in the Amendment.Substantial completion of the project will include the delivery and acceptance of the notice of commencement of energy savings issued by the ESCO. Each invoice will clearly indicate that it is for the services rendered in performance under this Agreement and shall reflect this Agreement and Amendment number. Energy Program will invoice for any remaining services within 60 days of the expiration or termination of this Agreement. b.PAYMENT PROCEDURE.The CLIENT AGENCY shall pay all invoices received from the Energy Program within 90 days of receipt of properly executed invoice vouchers. The CLIENT AGENCY shall notify DES in writing if the CLIENT AGENCY cannot pay an invoice within 90 days. c. BILLING DETAIL. Each invoice submitted to Client Agency by Energy Program shall include information as is necessary for Client Agency to determine the exact nature of all expenditures. At a minimum, the invoice shall reference this Agreement and include the following: The date(s) such services were provided Brief description of the services provided Total invoice amount d.BILLING ADDRESS. Invoices shall be delivered to Client Agency electronically. All sections above have been fully amended and are shown in their entirety. All other terms and conditions of this Agreement remain in full force and effect. The requirements of RCW 39.34.030 are satisfied by the underlying Agreement and are incorporated by reference herein. Interagency Agreement No. K4137 Page 5 of 5 Each party signatory hereto, having first had the opportunity to read this Amendment and discuss the same with independent legal counsel, in execution of this document hereby mutually agree to all terms and conditions contained herein, and as incorporated by reference in the original Agreement. City of Renton Department of Enterprise Services Energy Program Kirsten G. Wilson, PE Energy Program Manager Title Date Title Date K4137IAAamd7rw Interagency Agreement No. K4137 ATTACHMENT A PROJECT MANAGEMENT SERVICES SCOPE OF WORK Energy/Utility Conservation Projects Statewide Energy Performance Contracting Program Energy Program will provide the following project management services for each specific project for the Client Agency. Each individual project shall be authorized by an amendment to this Agreement. 1. Assist the Client Agency in the selection of an Energy Service Company (ESCO) consistent with the requirements of RCW 39.35A for local governments; or 39.35C for state agencies and school districts. 2. Assist in identifying potential energy/utility conservation measures and estimated cost savings. 3. Assist in negotiating scope of work and fee for an ESCO audit of the facility(s). 4. Assist in identifying appropriate project funding sources and assist with obtaining project funding. 5. Assist in negotiating the technical, financial and legal issues associated with ESCO’s Energy Services Proposal. 6. Review and recommend approval of ESCO energy/utility audits and Energy Services Proposals. 7. Provide assistance during the design, construction and commissioning processes. 8. Review ESCO invoice voucher(s) received for reasonableness and forward to Client Agency for review and payment. 9. Assist with final project acceptance. 10. Assist in resolution of disputes with the ESCO that arise during this Agreement, not to include formal disputes. 11. Review up to the first three years of the ESCO’s annual Measurement and Verification (M&V) reports for completeness and accuracy. Review any ESCO guarantee compared to reported results and resolve differences, if needed. Review and forward ESCO invoice vouchers for payment by the Client Agency. Interagency Agreement No. K4137 ATTACHMENT B - Fee Schedule 2023-25 Interagency Reimbursement Costs for Project Management Fees to Administer Energy/Utility Conservation Projects PROJECT TOTAL PROJECT VALUE MANAGEMENT FEE TERMINATION 5,000,001….....6,000,000.................................. $68,800................................. 25,700 4,000,001.........5,000,000.................................... 67,700................................. 25,400 3,000,001….....4,000,000.................................... 66,700................................. 25,000 2,000,001….....3,000,000.................................... 62,500................................. 23,400 1,500,001….....2,000,000.................................... 58,300................................. 21,800 1,000,001….....1,500,000.................................... 51,600................................. 19,300 900,001. ...… 1,000,000.................................... 43,800................................. 16,400 800,001…….....900,000.................................... 41,300................................. 15,400 700,001…….....800,000.................................... 38,300................................. 14,400 600,001…….....700,000.................................... 36,500................................. 13,700 500,001…….....600,000.................................... 33,800................................. 12,600 400,001…….....500,000.................................... 30,200................................. 11,300 300,001…….....400,000.................................... 25,800.................................. 9,700 200,001…….....300,000.................................... 20,700.................................. 7,700 100,001…….....200,000.................................... 14,400.................................. 5,400 50,001……......100,000...................................... 7,800.................................. 3,500 20,001……........50,000...................................... 4,200.................................. 2,000 The project management fee on projects over $6,000,000 is 1.15% of the project cost. The maximum DES termination fee is $25,700. 1. These fees cover project management services for energy/utility conservation projects managed by DES’s Energy Program. 2. Termination fees cover the selection and project management costs associated with managing the ESCO's investment grade audit and energy service proposal. No termination fee will be charged unless the CLIENT AGENCY decides not to proceed to construction based on an energy services proposal that identifies projects that met the CLIENT AGENCY’S cost effectiveness criteria. 3. If the project meets the CLIENT AGENCY’s cost effectiveness criteria and the CLIENT AGENCY decides not to move forward with a project, then the CLIENT AGENCY will be invoiced per Attachment B Termination or $25,700.00 whichever is less. If the CLIENT AGENCY decides to proceed with the project then the Agreement will be amended per Attachment B for Project Management Fee. 4.If the audit fails to produce a project that meets the CLIENT AGENCY’s established Cost Effectiveness Criteria, then there is no cost to the CLIENT AGENCY and no further obligation by the CLIENT AGENCY. Interagency Agreement No. K4137 ATTACHMENT C – SCOPE OF WORK Energy/Utility Conservation Projects MEASUREMENT &VERIFICATION SERVICES Statewide Energy Performance Contracting Program If requested DES will provide the following measurement and verification services following the Notice of Commencement of Energy Savings by the ESCO for the specific Client Agency project: 1. Review the ESCO’s annual Measurement and Verification (M&V) report for completeness and accuracy. Review any ESCO guarantee compared to reported results and resolve differences, if needed. Review and recommend approval of any ESCO invoice vouchers for payment by the Client Agency. 2. Where necessary, review Client Agency facility operations including any changes in operating hours, changes in square footage, additional energy consuming equipment and negotiate changes in baseline energy use with the ESCO and the Client Agency that may impact achieved energy savings. 3. Attend a meeting or meetings with the Client Agency and the ESCO to review and discuss the annual M&V report.