HomeMy WebLinkAboutContractAGREEMENT FOR CLEAN BUILDING PERFORMANCE STANDARD
PROFESSIONAL SERVICES - MCKINSTRY ESSENTION
THIS AGREEMENT, dated for reference purposes only as March 16, 2026, is by and between the
City of Renton (the “City”), a Washington municipal corporation, and McKinstry Essention
(“Consultant”), an LLC. The City and the Consultant are referred to collectively in this Agreement
as the “Parties.” Once fully executed by the Parties, this Agreement is effective as of the last date
signed by both parties.
1.Scope of Work: Consultant agrees to provide comprehensive support for City of Renton’s
compliance with the Washington State Clean Buildings Performance Standard (CBPS)
including the development of Energy Management Plans and Operations & Maintenance
Plans for the 200 Mill Building, Renton City Hall, and the Renton Community Center as
specified in Exhibit A, which is attached and incorporated herein and may hereinafter be
referred to as the “Work.”
2.Changes in Scope of Work: The City, without invalidating this Agreement, may order
changes to the Work consisting of additions, deletions or modifications. Any such changes
to the Work shall be ordered by the City in writing and the Compensation shall be
equitably adjusted consistent with the rates set forth in Exhibit A or as otherwise mutually
agreed by the Parties.
3.Time of Performance: Consultant shall commence performance of the Agreement
pursuant to the schedule(s) set forth in Exhibit A. All Work shall be performed by no later
than June 30, 2027.
4.Compensation:
A.Amount. Total compensation to Consultant for Work provided pursuant to this
Agreement shall not exceed $43,850.00, plus any applicable state and local sales
taxes. The Consultant agrees that any hourly or flat rate charged by it for its Work
shall remain locked at the negotiated rate(s) unless otherwise agreed to in writing or
provided in Exhibit A. Except as specifically provided herein, the Consultant shall be
solely responsible for payment of any taxes imposed as a result of the performance
and payment of this Agreement.
B.Method of Payment. On a monthly or no less than quarterly basis during any quarter
in which Work is performed, the Consultant shall submit a voucher or invoice in a form
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CAG-26-130
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specified by the City, including a description of what Work has been performed, the
name of the personnel performing such Work, and any hourly labor charge rate for
such personnel. The Consultant shall also submit a final bill upon completion of all
Work. Payment shall be made by the City for Work performed within thirty (30)
calendar days after receipt and approval by the appropriate City representative of the
voucher or invoice. If the Consultant’s performance does not meet the requirements
of this Agreement, the Consultant will correct or modify its performance to comply
with the Agreement. The City may withhold payment for work that does not meet the
requirements of this Agreement.
C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by
the City of any remedies it may have against the Consultant for failure of the
Consultant to perform the Work or for any breach of this Agreement by the
Consultant.
D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for
payment under this Agreement for any future fiscal period, the City shall not be
obligated to make payments for Work or amounts incurred after the end of the
current fiscal period, and this Agreement will terminate upon the completion of all
remaining Work for which funds are allocated. No penalty or expense shall accrue to
the City in the event this provision applies.
5. Termination:
A. The City reserves the right to terminate this Agreement at any time, with or without
cause by giving ten (10) calendar days’ notice to the Consultant in writing. In the event
of such termination or suspension, all finished or unfinished documents, data, studies,
worksheets, models and reports, or other material prepared by the Consultant
pursuant to this Agreement shall be submitted to the City, if any are required as part
of the Work.
B. In the event this Agreement is terminated by the City, the Consultant shall be entitled
to payment for all hours worked to the effective date of termination, less all payments
previously made. If the Agreement is terminated by the City after partial performance
of Work for which the agreed compensation is a fixed fee, the City shall pay the
Consultant an equitable share of the fixed fee. This provision shall not prevent the
City from seeking any legal remedies it may have for the violation or nonperformance
of any of the provisions of this Agreement and such charges due to the City shall be
deducted from the final payment due the Consultant. No payment shall be made by
the City for any expenses incurred or work done following the effective date of
termination unless authorized in advance in writing by the City.
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6. Warranties And Right To Use Work Product: Consultant represents and warrants that
Consultant will perform all Work identified in this Agreement in a professional and
workmanlike manner and in accordance with all reasonable and professional standards
and laws. Compliance with professional standards includes, as applicable, performing the
Work in compliance with applicable City standards or guidelines (e.g. design criteria and
Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall
certify engineering plans, specifications, plats, and reports, as applicable, pursuant to
RCW 18.43.070. Consultant further represents and warrants that all final work product
created for and delivered to the City pursuant to this Agreement shall be the original work
of the Consultant and free from any intellectual property encumbrance which would
restrict the City from using the work product. Consultant grants to the City a non-
exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and
display all final work product produced pursuant to this Agreement. The City’s or other’s
adaptation, modification or use of the final work products other than for the purposes of
this Agreement shall be without liability to the Consultant. The provisions of this section
shall survive the expiration or termination of this Agreement.
7. Record Maintenance: The Consultant shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Work provided in the
performance of this Agreement and retain such records for as long as may be required by
applicable Washington State records retention laws, but in any event no less than six
years after the termination of this Agreement. The Consultant agrees to provide access
to and copies of any records related to this Agreement as required by the City to audit
expenditures and charges and/or to comply with the Washington State Public Records Act
(Chapter 42.56 RCW). The provisions of this section shall survive the expiration or
termination of this Agreement.
8. Public Records Compliance: To the full extent the City determines necessary to comply
with the Washington State Public Records Act, Consultant shall make a due diligent search
of all records in its possession or control relating to this Agreement and the Work,
including, but not limited to, e-mail, correspondence, notes, saved telephone messages,
recordings, photos, or drawings and provide them to the City for production. In the event
Consultant believes said records need to be protected from disclosure, it may, at
Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend,
and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim
or litigation related to a Public Records Act request for which Consultant has responsive
records and for which Consultant has withheld records or information contained therein,
or not provided them to the City in a timely manner. Consultant shall produce for
distribution any and all records responsive to the Public Records Act request in a timely
manner, unless those records are protected by court order. The provisions of this section
shall survive the expiration or termination of this Agreement.
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9. Independent Contractor Relationship:
A. The Consultant is retained by the City only for the purposes and to the extent set forth
in this Agreement. The nature of the relationship between the Consultant and the City
during the period of the Work shall be that of an independent contractor, not
employee. The Consultant, not the City, shall have the power to control and direct the
details, manner or means of Work. Specifically, but not by means of limitation, the
Consultant shall have no obligation to work any particular hours or particular
schedule, unless otherwise indicated in the Scope of Work or where scheduling of
attendance or performance is mutually arranged due to the nature of the Work.
Consultant shall retain the right to designate the means of performing the Work
covered by this agreement, and the Consultant shall be entitled to employ other
workers at such compensation and such other conditions as it may deem proper,
provided, however, that any contract so made by the Consultant is to be paid by it
alone, and that employing such workers, it is acting individually and not as an agent
for the City.
B. The City shall not be responsible for withholding or otherwise deducting federal
income tax or Social Security or contributing to the State Industrial Insurance
Program, or otherwise assuming the duties of an employer with respect to Consultant
or any employee of the Consultant.
C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the
Consultant agrees to notify the City and complete any required form if the Consultant
retired under a State of Washington retirement system and agrees to indemnify any
losses the City may sustain through the Consultant’s failure to do so.
10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless
the City, elected officials, employees, officers, representatives, and volunteers from any
and all claims, demands, actions, suits, causes of action, arbitrations, mediations,
proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees,
penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or
by any and all persons or entities, arising from, resulting from, or related to the negligent
acts, errors or omissions of the Consultant in its performance of this Agreement or a
breach of this Agreement by Consultant, except for that portion of the claims caused by
the City’s sole negligence.
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, (Validity of agreement to indemnify against liability for negligence relative to
construction, alteration, improvement, etc., of structure or improvement attached to real
estate…) then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the
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Consultant and the City, its officers, officials, employees and volunteers, Consultant’s
liability shall be only to the extent of Consultant’s negligence.
It is further specifically and expressly understood that the indemnification provided in
this Agreement constitute Consultant’s waiver of immunity under the Industrial
Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties
have mutually negotiated and agreed to this waiver. The provisions of this section shall
survive the expiration or termination of this Agreement.
11. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City
employees from soliciting, accepting, or receiving any gift, gratuity or favor from any
person, firm or corporation involved in a contract or transaction. To ensure compliance
with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any kind
to City employees or officials. Consultant also confirms that Consultant does not have a
business interest or a close family relationship with any City officer or employee who was,
is, or will be involved in selecting the Consultant, negotiating or administering this
Agreement, or evaluating the Consultant’s performance of the Work.
12. City of Renton Business License: Unless exempted by the Renton Municipal Code,
Consultant shall obtain a City of Renton Business License prior to performing any Work
and maintain the business license in good standing throughout the term of this
agreement with the City.
Information regarding acquiring a city business license can be found at:
https://www.rentonwa.gov/Tax
Information regarding State business licensing requirements can be found at:
https://dor.wa.gov/doing-business/register-my-business
13. Insurance: Consultant shall secure and maintain:
A. Commercial general liability insurance in the minimum amounts of $1,000,000 for
each occurrence/$2,000,000 aggregate for the Term of this Agreement.
B. In the event that Work delivered pursuant to this Agreement either directly or
indirectly involve or require Professional Services, Professional Liability, Errors and
Omissions coverage shall be provided with minimum limits of $1,000,000 per
occurrence. "Professional Services", for the purpose of this section, shall mean any
Work provided by a licensed professional or Work that requires a professional
standard of care.
C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the
State of Washington, shall also be secured.
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D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired
or non-owned, with minimum limits of $1,000,000 per occurrence combined single
limit, if there will be any use of Consultant’s vehicles on the City’s Premises by or on
behalf of the City, beyond normal commutes.
E. Consultant shall name the City as an Additional Insured on its commercial general
liability policy on a non-contributory primary basis. The City’s insurance policies shall
not be a source for payment of any Consultant liability, nor shall the maintenance of
any insurance required by this Agreement be construed to limit the liability of
Consultant to the coverage provided by such insurance or otherwise limit the City’s
recourse to any remedy available at law or in equity.
F. Subject to the City’s review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to the City before performing the Work.
G. Consultant shall provide the City with written notice of any policy cancellation, within
two (2) business days of their receipt of such notice.
14. Delays: Consultant is not responsible for delays caused by factors beyond the
Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable
control occur, the City agrees the Consultant is not responsible for damages, nor shall the
Consultant be deemed to be in default of the Agreement.
15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or
encumber any rights, duties or interests accruing from this Agreement without the
written consent of the other.
16. Notices: Any notice required under this Agreement will be in writing, addressed to the
appropriate party at the address which appears below (as modified in writing from time
to time by such party), and given personally, by registered or certified mail, return receipt
requested, by facsimile or by nationally recognized overnight courier service. Time period
for notices shall be deemed to have commenced upon the date of receipt, EXCEPT
facsimile delivery will be deemed to have commenced on the first business day following
transmission. Email and telephone may be used for purposes of administering the
Agreement, but should not be used to give any formal notice required by the Agreement.
CITY OF RENTON
Jack Odell
1055 South Grady Way
Renton, WA 98057
MCKINSTRY (CONSULTANT)
Paul Reinken
5005 3rd Ave S
Seattle, WA 98134
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Phone: (425) 566-9187
jodell@rentonwa.gov
Phone: 317-407-9513
paulr@mckinstry.com
17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification, the Consultant agrees as follows:
A. Consultant, and Consultant’s agents, employees, representatives, and volunteers
with regard to the Work performed or to be performed under this Agreement, shall
not discriminate on the basis of race, color, sex, religion, nationality, creed, marital
status, sexual orientation or preference, age (except minimum age and retirement
provisions), honorably discharged veteran or military status, or the presence of any
sensory, mental or physical handicap, unless based upon a bona fide occupational
qualification in relationship to hiring and employment, in employment or application
for employment, the administration of the delivery of Work or any other benefits
under this Agreement, or procurement of materials or supplies.
B. The Consultant will take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race, creed,
color, national origin, sex, age, sexual orientation, physical, sensory or mental
handicaps, or marital status. Such action shall include, but not be limited to the
following employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation and
selection for training.
C. If the Consultant fails to comply with any of this Agreement’s non-discrimination
provisions, the City shall have the right, at its option, to cancel the Agreement in
whole or in part.
D. The Consultant is responsible to be aware of and in compliance with all federal, state
and local laws and regulations that may affect the satisfactory completion of the
project, which includes but is not limited to fair labor laws, worker's compensation,
and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton
Council Resolution Number 4085.
18. Miscellaneous: The parties hereby acknowledge:
A. The City is not responsible to train or provide training for Consultant.
B. Consultant will not be reimbursed for job related expenses except to the extent
specifically agreed within the attached exhibits.
C. Consultant shall furnish all tools and/or materials necessary to perform the Work
except to the extent specifically agreed within the attached exhibits.
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D. In the event special training, licensing, or certification is required for Consultant to
provide Work he/she will acquire or maintain such at his/her own expense and, if
Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform
the Work, said employee/sub-contractor/assignee will acquire and or maintain such
training, licensing, or certification.
E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to
other entities, so long as there is no interruption or interference with the provision of
Work called for in this Agreement.
F. Consultant is responsible for his/her own insurance, including, but not limited to
health insurance.
G. Consultant is responsible for his/her own Worker’s Compensation coverage as well as
that for any persons employed by the Consultant.
19. Other Provisions:
A. Approval Authority. Each individual executing this Agreement on behalf of the City
and Consultant represents and warrants that such individuals are duly authorized to
execute and deliver this Agreement on behalf of the City or Consultant.
B. General Administration and Management. The City’s project manager is Jack Odell. In
providing Work, Consultant shall coordinate with the City’s contract manager or
his/her designee.
C. Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
D. Conflicts. In the event of any inconsistencies between Consultant proposals and this
Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to
this Agreement are incorporated by reference only to the extent of the purpose for
which they are referenced within this Agreement. To the extent a Consultant
prepared exhibit conflicts with the terms in the body of this Agreement or contains
terms that are extraneous to the purpose for which it is referenced, the terms in the
body of this Agreement shall prevail and the extraneous terms shall not be
incorporated herein.
E. Governing Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington and the City of
Renton. Consultant and all of the Consultant’s employees shall perform the Work in
accordance with all applicable federal, state, county and city laws, codes and
ordinances.
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F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared
by the joint efforts of the Parties and shall not be construed against one party or the
other as a result of the preparation, substitution, submission or other event of
negotiation, drafting or execution.
G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or
interpret this Agreement or any of its terms or covenants shall be brought in the King
County Superior Court for the State of Washington at the Maleng Regional Justice
Center in Kent, King County, Washington, or its replacement or successor. Consultant
hereby expressly consents to the personal and exclusive jurisdiction and venue of
such court even if Consultant is a foreign corporation not registered with the State of
Washington.
H. Severability. A court of competent jurisdiction’s determination that any provision or
part of this Agreement is illegal or unenforceable shall not cancel or invalidate the
remainder of this Agreement, which shall remain in full force and effect.
I. Sole and Entire Agreement. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
J. Time is of the Essence. Time is of the essence of this Agreement and each and all of
its provisions in which performance is a factor. Adherence to completion dates set
forth in the description of the Work is essential to the Consultant’s performance of
this Agreement.
K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than the
Parties, and all duties and responsibilities undertaken pursuant to this Agreement will
be for the sole and exclusive benefit of the Parties and no one else.
L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns,
and legal representatives to the other party to this Agreement, and to the partners,
successors, assigns, and legal representatives of such other party with respect to all
covenants of the Agreement.
M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s
failure to enforce any provision of this Agreement shall not be a waiver and shall not
prevent either the City or Consultant from enforcing that provision or any other
provision of this Agreement in the future. Waiver of breach of any provision of this
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Agreement shall not be deemed to be a waiver of any prior or subsequent breach
unless it is expressly waived in writing.
N. Counterparts. The Parties may execute this Agreement in any number of
counterparts, each of which shall constitute an original, and all of which will together
constitute this one Agreement.
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date
last signed by the Parties below.
CITY OF RENTON
By:_____________________________
MCKINSTRY (CONSULTANT)
By:____________________________
Martin Pastucha
Public Works Administrator
Justin Lee
Operations Manager, Technical Services
_____________________________
Date
_____________________________
Date
Attest
_____________________________
Jason A. Seth
City Clerk
Approved as to Legal Form
By: ŚĞƌLJů>͘ĞLJĞƌϯͬϭϲͬϮϲ;ϯϳϳϵͿ
Cheryl >͘Beyer
Senior Assistant City Attorney
Contract Template Updated 5/21/2021
________________
Justin Lee
3/31/26
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#
N/A
9TH & THOMAS
SBTU & CBPS COMPLIANCE PROPOSAL
CCity o f Renton – 200 Mill, Renton
Community Center & Renton City Hall
Proposal for Energy Management Plans and
Operations & Maintenance Plans
SEATTLE, WA
DECEMBER 2025
PAUL REINKEN
ACCOUNT EXECUTIVE
(317) 407-9513 PAULR@MCKINSTRY.COM
Exhibit A
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CITY OF RENTON 1
CBPS COMPLIANCE PROPOSAL
City of Renton – EMP and O&M │ CBPS
December 1st, 2025
To: Jeffrey Minisci, Facilities Director
City of Renton // Public Works – Facilities Department
Fr: Paul Reinken, Account Executive
McKinstry | Technical Services
Re: Clean Buildings Performance Standards Support for 200 Mill, Renton City Hall, and
Renton Community Center
Dear Jeffrey:
Thank you for the opportunity to offer services for Renton’s properties related to Clean Buildings Performance
Standard (CBPS) compliance. The following scope of work and pricing is provided for professional services focused
on compliance with Washington State law.
Through the proposed Clean Buildings Compliance Program Management, McKinstry will help develop the
required portfolio-specific energy and operational documentation. McKinstry can also ultimately manage the
process of submitting the sites’ compliance packages under a separate agreement or change order.
Warm Regards,
Paul Reinken
Account Executive – McKinstry Technical Services
317.407.9513 | PaulR@McKinstry.com
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CITY OF RENTON 2
CBPS COMPLIANCE PROPOSAL
City of Renton – EMP and O&M │ CBPS
BBUILDINGS IN S CO PE
200 Mill
Address: 200 Mill Ave S, Renton, WA 98057
Type: Office Building
Year Built: 1968
Size: 56,848 NSF
CBPS Tier: 1.C*
Renton City Hall
Address: 1055 S Grady Way, Renton, WA 98057
Type: Office Building
Year Built: 1968
Size: 147,320 NSF
CBPS Tier: 1.B*
Renton Community Center
Address: 1715 Maple Valley Hwy, Renton WA 98057
Type: Mixed Use Building
Year Built: 1989
Size: 37,901 NSF
CBPS Tier: 2
*CBPS Tiers shown are not guaranteed. Validation of applicable square footage and CBPS tier/deadline
to be included in scope.
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CITY OF RENTON 3
CBPS COMPLIANCE PROPOSAL
City of Renton – EMP and O&M │ CBPS
CLEAN BUILDING PERFORMANCE STANDARDS (HB 1257)
Summary
On May 7, 2019 the Clean Buildings Performance Standard (HB 1257, 2019) was signed into law. The
standard applies to non-residential building greater than 50,000 square feet in floor area. The objective
is to lower costs and pollution from fossil fuel consumption in the state’s existing buildings by requiring
that affected buildings meet an Energy Use Intensity (EUI) target. From 2021 to 2026, the standard will
be used to administer a voluntary efficiency incentive program. Beginning in 2026, the standard will be
implemented as a mandatory requirement.
Penalties for building owners that choose to pay the fine rather than pursuing compliance : The
building owner will be assessed the maximum penalty of $5,000 plus a daily amount equal to $1.00 per
square foot of gross floor area per year not to exceed a value greater than 18 months of accrued
penalty. Penalties are assessed for each compliance period.
Compliance Requirements
HB 1257 authorized Commerce to develop energy use intensity targets (EUI t) for building use types
represented in the ENERGY STAR Portfolio Manager (ESPM) benchmarking program administered by
EPA. Commerce set EUIt at 15% less than the Washington State average for each building use type
(mixed-use buildings are required to provide aggregated EUI). See the full list of EUI t by building use type
in the attachment to this proposal.
x City of Renton buildings with EUI equal to or less than EUIt must submit evidence of EUI through
ESPM and submittal of an Energy Management Plan and O&M Plan. Submittal forms will be
provided by Commerce.
x City of Renton buildings with EUI greater than the EUIt must develop methods of conditional
compliance that include energy efficiency audits (ASHRAE Level 2), development of an Energy
Management Plan and O&M Plan, and verification of implementation of energy efficiency
measures (EEM’s) with a savings-to-investment ratio (SIR) of >1 over the life of the measure.
The compliance dates by building square footage:
x June 1, 2026: 220,001 or more SF
x June 1, 2027: 90,001 SF to 220,000 SF
x June 1, 2028: 50,000 SF to 90,000 SF
The compliance process is represented as follows:
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CITY OF RENTON 4
CBPS COMPLIANCE PROPOSAL
City of Renton – EMP and O&M │ CBPS
CLEAN BUILDINGS PERFORMANCE STANDARDS PROPOSED
SERVICES
Scope of Work Summary
McKinstry proposes to provide comprehensive support for City of Renton’s compliance with the
Washington State Clean Buildings Performance Standard (CBPS, also known as House Bill 1257) for the
law’s first compliance cycle. The scope of work includes the development of required compliance
materials. We would also, later, propose to serve as City of Renton’s Qualified Person, managing future
submission of compliance documentation required to comply with CBPS.
CBPS Deliverables
A summary of the deliverables McKinstry will provide is below:
x Develop Energy Management Plans and Operations & Maintenance Plans
State Compliance Timeline and Key Dates
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CITY OF RENTON 5
CBPS COMPLIANCE PROPOSAL
City of Renton – EMP and O&M │ CBPS
Base Scope:
DEVELOP ENERGY MANAGEMENT PLANS AND OPERATIONS & MANAGEMENT PLANS
McKinstry will work with City of Renton stakeholders to develop Energy Management Plan (EMP) and
Operations & Maintenance Program (O&M Plan) documentation per CBPS requirements by
documenting the existing building programs, processes, and procedures. This will include a review of
any existing programs to identify any gaps, and will be overseen by a Qualified Person per CBPS.
Creating any missing elements of the required programs (such as occupant training or developing
detailed maintenance tasking) is not included in the consulting program base scope but can be added
once gaps are identified and assistance is required. Templates will be developed based on detailed
analysis of ASHRAE Standard 100 and WAC 194-50 which drive plan requirements.
Note: Energy Management and O&M Plans must be implemented/in place for at least 12 months prior
to each site’s compliance submittal/deadline
Required Energy Management Plan (EMP) Components
1. Identification of Energy Manager
2. Energy Usage Analysis and Tracking
3. Facility Parameters
4. Previous Energy Audit Reports
5. Implemented EEMs
6. Occupant Energy Efficiency Instructions
7. O&M Personnel Training Plan
8. Capital Management Plan
9. Vendor Contact list for Relevant Equipment
10. Lighting Upgrade Procedure
11. Additional EMP Procedures as Specified in Section 5, ASHRAE Standard 100.
Required Operations and Maintenance (O&M Plan) Components
1. Program Summary
2. Inventory of Items
3. Performance Objectives
4. Inspection and Maintenance Tasks with Condition Indicators and task Frequencies
5. O&M Program Review and Improvement Procedure
These plans will evaluate the following building systems, as required by CBPS:
x Building Envelope
x Domestic Hot Water
x Heating, Ventilation, and Air Conditioning
x Refrigeration
x Lighting
x Controls
x Electric Power Distribution and On-site Power Generation
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CITY OF RENTON 6
CBPS COMPLIANCE PROPOSAL
City of Renton – EMP and O&M │ CBPS
ASSUMPTIONS AND EXCLUSIONS
x McKinstry assumes that building controls are operational and accessible. No troubleshooting or
repair of the controls system is included in this scope.
x Price does not include ENERGY STAR certification
x Work will be performed during normal business hours (M-F, 7 am to 4 pm).
x McKinstry will staff this project and deliver Standard of Care consistent with industry best
practices.
x Owner will make the appropriate operations staff available to participate in interviews, site
walks, and access to controls as needed.
x Owner will provide McKinstry any existing documentation from previous or concurrent efforts
relevant to benchmarking, compliance planning, or facilities operations.
x Projected dates are subject to change based on owner team member availability.
x No repair work, EEM implementation or EEM verification will be completed under this scope of
work.
x Pricing per site is contingent upon all sites being included in scope.
x Pricing is valid for 60 days
x Payment terms are net-30
x City of Renton to reimburse McKinstry per the proposed Billing Schedule included in this
proposal.
x McKinstry does not guarantee compliance with HB-1257 or that fines will not be administered.
TIMELINE
McKinstry anticipates starting this work within 30 days of contract completion.
FEE BILLING
The base fee for this work is $43,850 and does not include repair work, EEM implementation or EEM
verification.
Scope Fee
Scope Fee
Mill 200: Develop Energy Management Plan/Operations & Maintenance Plan $..............15,000
Renton City Hall: Develop Energy Management Plan/Operations & Maintenance Plan $..............17,100
Renton Community Center: Develop Energy Management Plan/Operations &
Maintenance Plan $..............11,750
Base Scope Total $.............43,850
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CITY OF RENTON 7
CBPS COMPLIANCE PROPOSAL
City of Renton – EMP and O&M │ CBPS
Billing Schedule
Lump Sum at Project Initiation
AUTHORIZATION
Authorization to proceed may be granted through signatures to the following:
CITY OF RENTON MCKINSTRY ESSENTION, LLC
Name Name
Title Title
Signature Signature
Date Date
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CITY OF RENTON 8
CBPS PROPOSAL
City of Renton – EMP and O&M │ CBPS
APPENDIX A: TERMS AND CONDITIONS
PP e r f o r m a n c e o f W o r k
McKinstry shall perform the scope of work (“Work”) specified herein. McKinstry shall furnish all services
necessary to perform the Work and perform the Work to completion diligently, expeditiously and with
adequate forces. Customer shall use its best efforts to provide all information, materials, documents,
and assistance that is reasonably required for McKinstry to perform any and all aspects of the Work.
P a y m e n t s
Customer shall pay McKinstry the compensation specified herein (“Price”) for the value of Work that
McKinstry has completed, as the Work is completed. Customer shall pay McKinstry within thirty (30)
days of receiving an invoice. McKinstry will be entitled to interest at the rate of 1.5 percent per month
on all sums overdue and unpaid from the date due.
T e r m i n a t i o n
Either Party may terminate this agreement upon fifteen (15) days written notice to the other Party. In
such case, the rights and obligations of each Party that arose prior to the termination date shall survive
such termination.
D i s p u t e s
In case of dispute between the Parties, the Parties will attempt to negotiate a resolution. If a dispute
remains unresolved more than thirty (30) calendar days after the commencement of negotiation, and
the Parties have not agreed to extend such date, then the Parties shall pursue mediation. If any dispute
remains unresolved more than sixty (60) calendar days after the commencement of mediation, then
either Party may pursue arbitration. No litigation will be commenced by either Party unless all of the
foregoing steps have been pursued to completion.
C h o i c e o f L a w , V e n u e
The validity, interpretation, and performance of this agreement shall be governed by the laws of the
state in which the Work is performed. The venue for resolving any dispute shall be the county in which
the Work is performed.
F o r c e M a j e u r e
Neither McKinstry nor Customer shall be considered in breach of this agreement to the extent that the
Party’s performance is prevented by an event or events that are beyond the control of such party,
including but not limited to acts of God, fire, earthquake, flood, storm, war, rebellion, revolution,
insurrection, riot, strike, nuclear contamination, and/or acts or threats of terrorism.
Notwithstanding any other provision(s) of this or any related agreement(s), if McKinstry’s work is
delayed, disrupted, suspended, or otherwise impacted as a direct or indirect result of COVID-19
(coronavirus), including, but not limited to, by (1) disruptions to material and/or equipment supply; (2)
illness of McKinstry’s workforce and/or unavailability of labor; (3) government quarantines, closures, or
other mandates, restrictions, and/or directives; (4) owner or contractor restrictions and/or directives;
and/or (5) fulfillment of McKinstry’s contractual or legal health and safety obligations associated with
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CITY OF RENTON 9
CBPS PROPOSAL
City of Renton – EMP and O&M │ CBPS
COVID-19; then, McKinstry shall be entitled to a reasonable equitable adjustment to its scope, schedule,
duration, and price to account for such delays, disruptions, suspensions, and impacts.
NN O W A I V E R
No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure,
right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver.
D a m a g e s L i m i t a t i o n
Neither party shall be liable to the other party for any consequential, indirect, special, incidental,
exemplary, or similar, damages or losses, including loss of profits, arising out of or relating to this
agreement, whether based in contract or tort or any other theory, even if a party has been advised of
the possibility of such damages. Furthermore, the total aggregate liability of either party, under any
theory, is limited to the agreement price.
McKinstry shall indemnify and hold harmless Customer from and against all third party claims, damages,
losses and expenses for bodily injury, sickness, disease, or death or destruction of tangible property,
directly arising from McKinstry’s performance of the Work, but only to the extent caused by the
negligent acts or omissions of McKinstry.
S e v e r a b i l i t y , S u r v i v a l
If any portion of this agreement shall be held invalid in whole or in part under any law, rule, regulation,
or order, then such portion shall remain in effect only to the extent permitted, and the remaining
portions of the agreement shall remain in full force and effect. Any invalid portions shall be substituted
with an interpretation that most accurately reflects the Parties’ intentions.
A m e n d m e n t
This agreement may not be amended except pursuant to a written amendment signed by an authorized
signer of each Party.
C o m p l e t e A g r e e m e n t
This agreement, including the exhibits attached hereto, is a fully integrated agreement. Any legal terms
and conditions appearing elsewhere in this agreement shall be ignored to the extent they contradict or
are inconsistent with the terms and conditions contained in the foregoing numbered list. All previous
agreements between McKinstry and Customer as to the Work are superseded by this agreement.
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