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HomeMy WebLinkAboutAgenda Bill_031 SUBJECT/TITLE:200 Mill Building HVAC Retro Commissioning RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Public Works STAFF CONTACT: Jeff Minisci, PW Facilities Director EXT.: 6612 The PW/ Facilities Division recommends amending an existing contract with the Washington State Department of Enterprise Services for McKinstry Essention, LLC (McKinstry), a certified Energy Service Company, to perform prioritized HVAC maintenance for the 200 Mill Building located at 200 Mill Ave S, Renton, WA 98057. This amendment will be formalized as Contract Agreement CAG-25-017 Amendment 1 and represents a fiscal impact of $156,802.01. This amendment is already fully supported by existing project funding carried over from 2025 and established through the 1st Quater Budget Adjustments. McKinstry previously completed an energy audit for the 200 Mill Building under the original contract with the city in 2025. The audit identified significant deferred maintenance, and the building is currently running 24/7 to meet occupant comfort, resulting in high energy consumption. This amendment approval will authorize McKinstry to implement prioritized repairs as identified in the recently completed Energy Services Proposal that will reduce energy use while maintaining occupant comfort. The scope includes repairing the main Air Handling Unit damper actuators and optimizing equipment schedules and setpoints to align with current building operations. Authorize the Mayor and City Clerk to execute amendment No. 1 with the Washington State Department of Enterprise Services in the amount of $ 156,802.01 to implement prioritized repairs to reduce energy use for the 200 Mill building located at 200 Mill Ave S, Renton, WA 98057. City Council Regular Meeting FISCAL IMPACT SUMMARY: SUMMARY OF ACTION STAFF RECOMMENDATION January 22, 2026 TO: Jack Odell, City of Renton FROM: Rachel Whitezel, Contracts Specialist, (360) 239-4134 RE Agreement No. 2025-507 A (1), Amendment No. 1 M&V Agreement No. 2025-507 B (2) Contract No. 2025-507 G (1-1) City of Renton 200 Mill Bldg. Retro-commissioning IAA No. K4137 McKinstry Essention, LLC SUBJECT: Funding Approval The Dept. of Enterprise Services (DES), Energy Program, requires funding approval for the above referenced contract documents. The amount required is as follows (see page 2 for funding detail): ESCO Audit $ 88,188.00* ESCO Professional Services Total $ 37,432.08 ESCO Measurement and Verification Total $ 10,558.51 ESCO Construction Total $ 88,111.42 DES Energy Program Project Management Services Total (IAA) $ 20,700.00 Total Funding $ 156,802.01 In accordance with the provisions of RCW 43.88, the signature affixed below certifies to the DES Energy Program that the above identified funds are appropriated, allotted or that funding will be obtained from other sources available to the using client/agency. The using/client agency bears the liability for any issues related to the funding for this project. **Agency / State Board Project No. ______________________ Y N **Agency plans to utilize federal funding for this project: ☐ ☐ By Name / Title Date Please sign and return this form to Contracts. If you have any questions, please call me. Agreement No. 2025-507 A (1), Amendment No. 1 M&V Agreement No. 2025-507 B (2) Contract No. 2025-507 G (1-1) Funding Approval Detail ESCO Professional Services Energy Audit and Energy Services Proposal $ 88,188.00 *Audit & Energy Services Proposal from Authorization 25-507 A (1) $ (88,188.00) Design and Implementation of Energy Conservation Measures $ 25,588.00 Apprenticeship Incentive $ 0.00 Sales Tax (10.41%) (Includes tax on Audit proposal) Blended Rate $ 11,844.08 Total $ 37,432.08 ESCO Measurement and Verification First Year Measurement & Verification $ 9,563.00 Sales Tax (10.41%) Blended Rate $ 995.51 Total $ 10,558.51 ESCO Construction ESCO Contract Amount $ 76,387.00 Sales Tax (10.41%) Blended Rate $ 7,951.89 Contingency Amount (with Tax) $ 3,772.53 Total $ 88,111.42 DES Energy Program Project Management Services Project Management Fee from IAA No. K4137, Amendment No. 8 $ 20,700.00 Total $ 20,700.00 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. 2025507GcontAamd1BagrFundrw 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, 2025-507 8 City of Renton 1055 South Grady Way Renton, WA 98057 Date: January 22, 2026 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 2a.5 City of Renton 200 Mill Bldg. Retro-commissioning outlined in the McKinstry Essention, LLC Energy Services Proposal dated January 20, 2026, Project No. 2025-507 2a.6 Review of Measurement and Verification reports for the City of Renton 200 Mill Bldg. Retro-commissioning outlined in the McKinstry Essention, LLC Energy Services Proposal dated January 20, 2026, Project No. 2025-507 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. Interagency Agreement No. K4137 Page 3 of 5 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”. 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 Interagency Agreement No. K4137 Page 4 of 5 2c.1 Energy 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.2 Measurement 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 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 2c.5 Energy Project Management Fee for the work described in Section 2a. 5 is $20,700.00. Anticipated billing date for this Amendment is July 24, 2027. Project No. 2025-507 2c.6 Measurement and Verification (M&V) Fee for the work described in Section 2a. 6 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 June 2028, Project No. 2025-507 The new total Agreement value is $286,300.00. 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. Interagency Agreement No. K4137 Page 5 of 5 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. 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 K4137IAAamd8rw 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 2025-27 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. ESCO Contract No. 2025-507 G (1-1) Project City of Renton 200 Mill Bldg. Retro-commissioning Agency City of Renton Date January 22, 2026 STATE OF WASHINGTON ENERGY SERVICE COMPANY (ESCO) CONSTRUCTION CONTRACT For the DEPT. OF ENTERPRISE SERVICES, ENERGY PROGRAM This Energy Service Company (ESCO) Construction Contract, made and entered into this 22nd day of January, 2026, shall be the agreed basis of performing the following work by and between the State of Washington, City of Renton acting through the Department of Enterprise Services, Energy Program, hereinafter referred to as the Owner, and McKinstry Essention, LLC PO Box 24567 Seattle, WA 98134 Telephone (206) 762-3311 E-mail wades@mckinstry.com hereinafter referred to as the ESCO or Contractor. WITNESSETH: Whereas the parties hereto have mutually covenanted and by these presents do covenant and agree with each other as follows: FIRST: The said ESCO agrees to furnish all permits, material, labor, tools, equipment, apparatus, facilities, etc., necessary to perform and complete in a workmanship like manner the work called for in the attached Scope of Work, Energy Services Proposal dated January 20, 2026, for: Energy Services Authorization No. 2025-507 A (1) Main Energy Services Agreement No. 2025-535 F (6) Audits and Proposals for this project were prepared by the ESCO according to the terms of the Contract Documents which include, but are not limited to, the Main Energy Services Agreement, Energy Services Authorization(s), the accepted Proposal, General Conditions for Washington ESCO Construction Contract No. 2025-507 G (1-1) Page 2 of 6 Effective 03.14.2024 State Energy Savings Performance Contracting, Addenda, Specifications, Drawings, Bond, and this Construction Contract. SECOND: Time of Completion: The work to be performed under this contract shall commence as soon as the ESCO has been officially notified to proceed and shall be substantially complete within 131 consecutive calendar days after the date of Notice to Proceed. THIRD: In consideration of the Performance of the Work, herein contained on the part of the ESCO, the Owner hereby agrees to pay the ESCO for said work completed according to the Contract Documents, for not more than the sum of $76,387.00, plus 10.41% state sales tax (used a blended rate) consisting of the following: ESCO Contract Cost $ 76,387.00 The ESCO shall bond this contract in accordance with Section 2.04 of the General Conditions for Washington State Energy Savings Performance Contracting. The construction value plus contingency is a guaranteed maximum not-to-exceed cost and final payment to the ESCO shall be reconciled to reflect the actual installed cost provided it does not exceed the guaranteed maximum cost. FOURTH: ESCO payments to subcontractors and materialmen shall not be contingent upon the ESCO receiving payment from the Owner. Unless otherwise agreed upon, payment to the ESCO shall be made only after completion of the energy efficiency measure(s) and the ESCO has issued a Notice of Commencement of Energy Savings and the Owner has accepted such Notice. FIFTH: Consistent with RCW 39.12.120, ESCO and its subcontractors shall keep accurate payroll records for three years from the date of acceptance of the project and file a copy of its certified payroll records using the Department of Labor and Industries’ online system at least once per month. If the Department of Labor and Industries’ online system is not used, a contractor, subcontractor, or employer shall file a copy of its certified payroll records directly with the Department of Labor and Industries at least once per month in a format approved by the Department of Labor and Industries. A contractor, subcontractor, or employer’s noncompliance with this section constitutes a violation or RCW 39.12.050. SIXTH: Civil Rights Contractor represents and warrants that Contractor complies with all applicable requirements regarding civil rights. Such requirements prohibit discrimination against individuals based on their status as protected veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity, or national origin. SEVENTH: Non-Discrimination 1.Nondiscrimination Requirement. During the term of this Contract, Contractor, including any subcontractor, shall not discriminate on the bases enumerated at RCW 49.60.530(3). In addition, Contractor, including any subcontractor, shall give written notice of this ESCO Construction Contract No. 2025-507 G (1-1) Page 3 of 6 Effective 03.14.2024 nondiscrimination requirement to any labor organizations with which Contractor, or subcontractor, has a collective bargaining or other agreement. 2. Obligation to Cooperate. Contractor, including any subcontractor, shall cooperate and comply with any Washington state agency investigation regarding any allegation that Contractor, including any subcontractor, has engaged in discrimination prohibited by this Contract pursuant to RCW 49.60.530(3). 3. Default. Notwithstanding any provision to the contrary, Agency may suspend Contractor, including any subcontractor, upon notice of a failure to participate and cooperate with any state agency investigation into alleged discrimination prohibited by this Contract, pursuant to RCW 49.60.530(3). Any such suspension will remain in place until Agency receives notification that Contractor, including any subcontractor, is cooperating with the investigating state agency. In the event Contractor, or subcontractor, is determined to have engaged in discrimination identified at RCW 49.60.530(3), Agency may terminate this Contract in whole or in part, and Contractor, subcontractor, or both, may be referred for debarment as provided in RCW 39.26.200. Contractor or subcontractor may be given a reasonable time in which to cure this noncompliance, including implementing conditions consistent with any court-ordered injunctive relief or settlement agreement. 4. Remedies for Breach. Notwithstanding any provision to the contrary, in the event of Contract termination or suspension for engaging in discrimination, Contractor, subcontractor, or both, shall be liable for contract damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, which damages are distinct from any penalties imposed under Chapter 49.60, RCW. Agency shall have the right to deduct from any monies due to Contractor or subcontractor, or that thereafter become due, an amount for damages Contractor or subcontractor will owe Agency for default under this provision. IN WITNESS WHEREOF: The said Department of Enterprise Services, Energy Program, has caused this ESCO Construction Contract to be subscribed in its behalf, and the said ESCO has signed this ESCO Construction Contract the day and year first above written. ESCO: Owner: McKinstry Essention, LLC City of Renton acting through the Department of Enterprise Services Energy Program By By Name Name Kirsten G. Wilson, PE Title Title Energy Program Manager Date Date WA State Contractor’s License No. MCKINEL874CL UBI Number 603 259 907 2025507Gcontrw ESCO Construction Contract No. 2025-507 G (1-1) Page 4 of 6 January 22, 2026 SCOPE OF WORK ESCO Contract No. 2025-507 G (1-1) City of Renton 200 Mill Bldg. Retro-commissioning City of Renton 200 Mill Building Furnish and install the energy efficiency measures, including any and all necessary ancillary equipment, as described in the City of Renton Energy Services Proposal dated January 20, 2026. ESCO Construction Contract No. 2025-507 G (1-1) Page 5 of 6 CONTRACTOR'S OPTION Contractor McKinstry Essention, LLC Contract No. 2025-507 G (1-1) Description City of Renton 200 Mill Bldg. Retro-commissioning Client Agency City of Renton Payment and Performance Bond Waiver It is hereby requested that the payment and performance bond requirement be waived for the above mentioned contract and 10% of the amount of the contract withheld for a period of forty-five (45) days after date of final acceptance, or until receipt of all necessary releases from the Department of Revenue, Department of Employment Security, and the Department of Labor and Industries, and settlement of any liens filed under Chapter 60.28 RCW, whichever is the latest, as set forth in 39.08 RCW. If at any point prior to final acceptance the Contract Sum without tax reaches $150,000.00 or more, this waiver will be null and void. Payment and Performance Bonds will be required. Signature Date January 22, 2026 R E T A I N A G E I N V E S T M E N T ESCO Contractor McKinstry Essention, LLC ESCO Contract No. 2025-507 G (1-1) Description City of Renton 200 Mill Bldg. Retro-commissioning Client Agency City of Renton Pursuant to R.C.W. 60.28, you are required to exercise your option, IN WRITING, on whether or not monies reserved from the amounts due you on the above contract shall be placed in escrow. You are therefore directed to complete and return this form with the signed copy of the above contract to the Energy Program. Should you desire to have the retained monies invested, it will then be necessary that you enter into an escrow agreement with a bank, trust or savings and loan company, and the above Client Agency. This form will be transmitted to the Client Agency for further action in preparing the escrow agreement. E N E R G Y S E R V I C E S C O N T R A C T O R’S O P T I O N I do not request retainage on the above contract to be invested. I hereby request retainage on the above contract be invested. I hereby request retainage on the above contract be invested and converted into bonds and sureties. Retainage Bond. Signature Date Title