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Contract - Sunset Air
City CIA's Division f©ale StampJ�-^� n s `` CHECKLIST FOR \,..1 t t , , .J AMENDED CONTRACTS { ` Please return to the City Clerk's Division ***View Pol - or more information*** SPECIFICATIONS OF CONTRACT TYPE OF DOCUMENT: Contract/Agreement r Lease Permit TYPE OF AMENDMENT: ,k`. Addendum C) Change Order Amendment/CO/WO#: , 1 , to the City Clerk's CAG#: i (p I —7 L•`' f,ate i c\,,�{,,dh,, Contractor Name: j Amendment Description: 1.-.(rl I (..:__0/0.4e1 ( ►y1- 1 ) 1 i()ru ,, ,-\- CONTACT INFORMATION - Signing Authority: \(...C.-A1 6e a t�r) This is the name of the person(s)signinthe contract The Following PpI. Must Attest: Jason A.Seth, CMC, City Clerk Shane Moloney, City Attorney Please be sure to add the CORRECT signature blocks for each person signing!!! Staff Name & Ext.: 1 v`� 4 Wi�ti' (,..; P.;-(rrF- 6 b L):a__ Dept./Division: 'C_ _.. (17�tC t (. ) I 1 The name of the person who will receive the completed contract I EXPIRATION DATE: ( j., I 1 ( 7 t2 I DATE MUST MATCH DATE IN CONTRACT!!If no actual date,please provide estimate—information is required by Eden. FISCAL IMPACT AGREEMENT CLASS: !� Payable,Vendor ' vL4LiA s%y #: Receivable I Grant - isc. (no$$) TOTAL AMOUNT OF THIS AGREEMENT: i) - '` ITEMS TO INCLUDE/CONFIRM/SUBMIT -- - 2 Signed Originals OR 1 Signed Original ,,, .egal.Revie — - (You will receive one signed (You will receive an electronic orig back) copy back via email) Insurance is Current (if not, include with submission) NOTE:Work Orders and Change Orders only require ONE original. (::S 6/' Date of Council Approval (if applicable) Corresponding ORD or RES#(if applicable): ORD FOR CLERKS OFFICE USE ONLY Ci •• Deputy Approved&Dated: ( 1' Vendor# .'i1,rV&A`? Gv► 4r - • Mayor's Signature Needed: ' Yes No .-- yyppal Date Completed/Returned: -' t.-StgrAuthority Correct ri Li W Electronic [1 Print Incinfrl r urrpn rovided Rev 7/7/zov -�1 ,6 1 CtI.0- I1Li 34N, MASTER ENERGY SERVICES AGREEMENT MO,S4ef/ pc( CLAnkc 'r Statewide Energy Savings Performance Contracting Program Agreement No.: 2017-193 K(11) WA State Agencies, Colleges, Universities, School Districts Date: May 12, 2017 and Municipalities The Energy Services Company(ESCO)named below has been pre-qualified to participate in the Statewide Energy Performance Contracting Program for State Agencies, Colleges, Universities, School Districts and Municipalities managed by Department of Enterprise Services' (DES) Energy Program. Therefore, DES and the Energy Services Company named below do hereby enter into this Master Energy Services Agreement(Agreement)under terms described in the following sections and including the provisions of the General Conditions for Washington State Energy Savings Performance Contracting(General Conditions),attached and incorporate by reference in Attachment A: I. AUTHORIZATION: Energy Services Company: Owner: Sunset Air, Inc. Washington State Agency, College, University, 5210 Lacey Blvd. SE School District or Municipality Lacey, WA 98503 Acting through the Department of Enterprise Services Telephone No. (360)456-4956 Energy Program E-mail jab(c@sunsetair.com PO Box 41476 Olympia,WA 98504-1476 Telephone: 360-902-7272 By 111), By ,. Name /_'� P , !, L. Name oger Wigfield".E. Title .- ►7�r , �.r � „ert'4.. Title Energy Pro am anager Date /f Sl i' - Date State of Washington Contractor's License No. SUNSEA*220CM State of Washington Revenue Registration No. 600 240 865 Federal Tax Identification No. 91-0997053 MWBE Certification No. Master Energy Services Agreement No. 2017-193 K(11) Page 1 of 9 New '4401 II. PROJECT CONDITIONS: RECITALS WHEREAS,DES is authorized by law to require the execution of public work and, is authorized by law to use energy performance-based contracting to achieve contractually specified energy savings; and, WHEREAS, DES will enter into interagency agreements with State Agencies, Colleges, Universities, School Districts and Municipalities in the State of Washington to participate in the Statewide Energy Savings Performance Contracting program(Energy Program); and, WHEREAS, ESCO agrees to contract with DES to provide energy and utility efficiency services on a statewide and a project basis to Washington State Agencies, Colleges,Universities, School Districts and Municipalities working through DES's Energy Program; and, WHEREAS, ESCO provides certain services and equipment intended to reduce energy consumption and costs,utility consumption and costs, and operation&maintenance(O&M) costs in buildings and facilities; and, WHEREAS, It is the understanding of the parties that the Owner desires that ESCO guarantee the energy savings,the performance of installed ESCO Equipment, and the Maximum Allowable Project Cost and that ESCO provide ongoing measurement and verification(M&V) services; and, WHEREAS, ESCO is ready,willing, and able to fmance any cost-effective projects identified and is willing to be compensated for ESCO Services and ESCO Equipment out of energy and utility cost savings; utility payments; lease/purchase arrangements; and/or through Owner arranged financing. NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed that: ESCO shall provide energy services called for in Part 4 of the General Conditions for: • Washington State Agencies, Colleges, Universities, School Districts and Municipalities that have entered into an Interagency Agreement with DES and have selected ESCO through DES's Energy Program; and • Projects in which the ESCO has signed an Energy Services Authorization with DES to implement the project. A. COMPENSATION FOR ENERGY SERVICES: Basic Compensation for the Energy Services Company(ESCO)will be derived from the successful completion of projects under separate Energy Services Authorizations for specific State Agencies, Colleges, Universities, School Districts and Municipalities,that will be subject to this Agreement. This Agreement does not entitle ESCO to any specific compensation. Master Energy Services Agreement No. 2017-193 K(11) Page 2 of 9 Noe As Compensation for developing and submitting a written Detailed Investment Grade Energy Audit Report and Energy Services Proposal(ESP) in accordance with the Scope of Work that will be created for the separate Energy Services Authorization, ESCO agrees to be reimbursed in accordance with Sections 4.01.B, 4.O1.C, and 4.O1.D of the General Conditions. Payment Detail Reporting: • In order to report payment detail, an account with B2Gnow is required. B2Gnow is designed to streamline and automate compliance reporting requirements, empowering vendors to maintain accurate contact information and submit contract payment details online. • To create an account or verify if an account has already been created on behalf of your company, log into the following URL https://des.diversitycompliance.com/. • For account login or account creation details,please go to B2Gnow home page by clicking on the URL listed above and Clicking on the"Help/First Time Users"link. In the event that ESCO fails to conduct a Detailed Investment Grade Energy Audit or fails to present to the Owner a written ESP within the time specified,or does not present an ESP that meets the cost-effectiveness criteria(see section E of this document—COST-EFFECTIVENESS CRITERIA), or does not propose to finance cost-effective Energy Efficiency Measures (EEMs), DES may terminate its Energy Services Authorization with ESCO at no cost to the Owner. In the event ESCO identifies cost-effective projects and the Owner elects to terminate the Energy Services Authorization,the Owner shall compensate ESCO for expenses associated with conducting the Audit and developing the ESP. WSST shall not apply to this payment. Notwithstanding the attached General Conditions, all payments to ESCO are dependent on energy savings; grants; loans; incentive payments from utilities and/or, other funding sources and that ESCO shall be paid in accordance with the provisions of Section 6.03,paragraph B of the General Conditions. In the event that Owner elects to fmance the project in whole or in part, the State Agency, College,University, School District or Municipality and DES reserve the right to amend the terms, or to add new terms,to the Energy Services Authorization, as developed in the Energy Services Proposal, that they deem necessary to obtain financing. ESCO fees shall not exceed: 10% of labor and materials for design services 6%of labor and materials for construction management/administration 2% of construction costs as defined in the ESP for bonding 18%of labor and materials for overhead and profit ESCO percentage fees for overhead and profit shall each be identified separately in the ESP. Exceptions to these maximum fees may be considered on a case by case basis. ESCO guarantees the energy savings, the performance of installed ESCO Equipment, and the Maximum Allowable Project Cost and the ESCO provides ongoing measurement and Master Energy Services Agreement No. 2017-193 K(11) Page 3 of 9 Nov Nuo verification (M&V). Any costs associated with the guarantee of savings are included in ESCO's overhead and profit. The cost of M&V shall not exceed 10.0%of annual energy cost savings. Exceptions to this maximum shall be considered on a case by case basis. Within the ESP,ESCO will make a recommendation to the owner and DES as to the appropriate duration of M&V for each project. The cost for a minimum of three years of M&V services will be included in the ESP project pro forma cash flow. After the project is constructed and the notice of commencement of energy savings has been issued, the M&V period begins. The guarantee of energy savings by ESCO shall remain in effect for the term of the M&V Agreement. Open book pricing for construction will be required, such that ESCO shall disclose its costs for the project. Substantiation shall include documentation details such that DES has the information necessary to review ESCO invoices for reasonableness, accuracy, and completeness, which may include but is not limited to copies of invoices from ESCO's subcontractors and vendors. ESCO shall maintain cost accounting records on work performed and shall preserve them for a period of six(6) years after the date of final acceptance. Owner's payments to ESCO shall be based on ESCO's actual construction costs and shall not exceed those costs described in ESCO's ESP unless the changes are approved in writing by the owner and DES. Final project cost reconciliation shall be performed at project completion. Excess Savings: Annual cost savings in excess of the guaranteed savings amount will be retained by the State Agency, College, University, School District or Municipality, and will not be allocated to shortfalls in other years. Owner's payment obligation to ESCO for the cost of ESCO's Detailed Investment Grade Energy Audit and ESP shall not exceed five-percent(5%) of the total project cost, unless otherwise approved by the Owner and DES. If ESCO intends to self-perform some or all of the construction work associated with a project, ESCO shall submit a preferred hourly rate for each class of employee that will be used. The preferred hourly rate will represent a fully loaded cost schedule for ESCO labor and shall be provided to DES within 30 days of receiving an executed Master Energy Services Agreement. Final ESCO-specific preferred pricing schedules shall be accepted in writing by DES. B. REIMBURSABLE EXPENSES: Travel: Travel within a 50 mile radius of the ESCO's office is not reimbursable. Travel between 50 and 350 mile radius may be negotiated as an additional service at not greater than the currently approved state rate (see OFM guidelines at http://www.ofm.wa.gov/resources/travel.asp). Any cost reimbursement for travel beyond the 350 mile radius requires written justification and prior approval from the Owner. Per Diem Rates shall be in accordance with OFM guidelines. Payment requests for reimbursable expenses shall reference the Energy Services Authorization and shall include an itemized breakdown of the billing indicating unit cost and quantity of each item billed, copies of any supporting invoices, and/or other supplemental data as may be required Master Energy Services Agreement No. 2017-193 K(11) Page 4 of 9 by the authorization. Also include a summary sheet showing accumulation of reimbursable expenses with a breakdown by each authorization. Miscellaneous,routine overhead expenses such as telephone and cell phone costs,mail, clerical and office supplies, computer, copying, fax,transportation, etc. incurred in the normal process of performing basic services are not reimbursable. C. SCOPE OF WORK: Specific projects will require specific Energy Services Authorization, that will be subject to this Agreement. The projects will include: conducting and providing a Detailed Investment Grade Energy Audit of the State Agency's, College's, University's, School District's or Municipality's facilities; providing Energy Star ratings and entering 12 months of utility data into the Energy Star Portfolio Manager, engineering and design of approved EEMs; fmancing of the EEMs; installation of the EEMs; M&V of savings; and, ongoing engineering assistance to ensure that savings are achieved. D. SCHEDULE FOR ENERGY SERVICES PROPOSAL COMPLETION: This Agreement will continue until June 30, 2019 unless terminated sooner. Each Energy Services Authorization shall run continuously from the date ESCO receives the Authorization to Proceed, and shall terminate as defined in the energy services proposal,unless the Energy Services Authorization is terminated sooner under Sections 4.01.D., 4.01.E., 8.04 or 9.02 of the General Conditions, or unless the Owner and DES choose to terminate the Authorization sooner by paying ESCO the Termination Value upon ninety(90)days prior written notice. All transactions executed pursuant to the authority of this Agreement shall be bound by all of the terms, conditions, price discounts and rates set forth herein, notwithstanding the expiration of the initial term of this Agreement or any extension thereof. E. COST-EFFECTIVENESS CRITERIA: It is the intent of this Agreement to maximise the value of the efficiency projects within the constraints of the Cost-Effectiveness Criteria. The following criteria will be used to determine the cost-effectiveness of EEMs proposed in the ESP submitted in response to a specific Energy Services Authorization,unless project-specific criteria are otherwise identified and approved by the Owner and DES: 1. The Owner may use, at its discretion, any combination of the following funding and payment options to discharge its obligations under the Energy Services Authorization: a. ESCO financing; b. ESCO arranged municipal lease fmancing(Municipalities and School Districts only); c. State Treasurer's Lease/Purchase or LOCAL Program; d. Energy cost savings, utility cost savings, and Owner and DES approved O&M savings; e. Grants, loans and/or incentives from utilities or other funding sources; and, Master Energy Services Agreement No. 2017-193 K(11) Page 5 of 9 f. The State Agency's, College's, University's, School District's or Municipality's capital budget and/or any other funds at the Owner's discretion. 2. The loan term may not exceed the economic life of the EEM or ten(10) years whichever is shorter. 3. Not more than 90%of the energy cost savings may be used to repay the loan. 4. Up to 100%of utility grants or incentives may be used to defray project costs or to repay the loan. 5. Labor or maintenance cost savings shall not be included in energy cost savings for the purpose of determining cost-effectiveness. 6. The cost of the EEMs will include the cost of the Detailed Investment Grade Energy Audit and preparation of the ESP; design; construction; ESCO's construction and project administration; commissioning;bidding; bonding; overhead and profit;permits; taxes; training;M&V, DES's project management fee; and, other costs that may be agreed to by the ESCO, the Owner and DES. 7. The State Agency's, College's,University's, School District's or Municipality's cash flow including savings, utility contributions, cost of M&V services,EEM costs, loan repayments, and debt service shall be neutral or positive with respect to the baseline cash flow and based on guaranteed savings. 8. Current utility cost rates shall be used for the purpose of calculating energy and utility cost savings. Energy and utility cost inflation factors shall not be used without the Owner's and DES's expressed approval. F. RECYCLING AND DISPOSAL: ESCO shall be responsible for recycling all fluorescent lamps,HID lamps and non-PCB ballasts. ESCO shall dispose of PCB ballasts through an approved hazardous waste vendor, using disposal by incineration method. ESCO shall dispose of all other hazardous waste through an approved hazardous waste vendor. ESCO shall furnish disposal manifests to the Owner. ESCO is encouraged to recycle all material that is removed from the facility or generated by the construction of the energy project and which is eligible for recycling. G. INDOOR AIR QUALITY: Installation of EEMs shall not sacrifice acceptable indoor air quality. ESCO shall look for evidence of poor indoor air quality as part of the audit and design phases. Improvements shall be proposed which ensure that minimum quantities of outside air are supplied to occupied areas in accordance with Chapter 4 of the International Mechanical Code. If there are pre-existing indoor air quality deficiencies, ESCO shall document conditions and recommend corrective Master Energy Services Agreement No. 2017-193 K(11) Page 6 of 9 *qv Noe actions. The energy baseline may be adjusted to incorporate corrective actions prior to implementing Project's EEMs. H. WATER EFFICIENCY: Water efficiency opportunities in both buildings and grounds shall be investigated and analyzed. Water efficiency opportunities shall be described in the Energy Audit Report and cost-effective water efficiency projects shall be included in the Energy Services Proposal. I. POWER QUALITY: Power quality includes power factor,harmonic distortion, and voltage regulation. Power factor of all new equipment shall be 0.9 minimum. Total harmonic distortion(THD) shall meet the requirements of the Institute of Electrical and Electronics Engineers (IEEE) Standard 519. Maintaining good facility power quality is a joint responsibility of the Owner and ESCO. The capacity, current loading, and condition of the existing electrical system shall be evaluated by ESCO before proposing any electrical changes. Particular attention shall be paid to grounding and bonding systems and to dry type distribution transformers. Existing electrical system deficiencies shall be identified in a written report for the Owner's consideration. If indicated by the evaluation, and if further requested by the Owner, ESCO shall perform power quality monitoring prior to and after load modifications are made to insure that the overall electrical system operates within Institute of Electrical and Electronics Engineers' (IEEE) recommended limits for THD and voltage drop. The establishment of a power quality baseline and the maintenance of acceptable power quality before, during and after installation of EEMs shall be included in the scope of the Energy Services Proposal if sensitive equipment is served by transformers to which non-linear devices will be added. J. STANDARDS OF COMFORT: The Standards of Comfort for the facility are as follow,unless otherwise negotiated by the parties: 1. Indoor Temperatures, occupied: • Winter Minimum—70 degrees F • Winter Maximum—74 degrees F • Summer Minimum—72 degrees F (where mechanical cooling systems are employed) • Summer Maximum—78 degrees F (where mechanical cooling systems are employed) Indoor Temperatures, unoccupied: • Minimum—55 degrees F • Maximum—85 degrees F (where mechanical cooling systems are employed) Master Energy Services Agreement No. 2017-193 K(11) Page 7 of 9 'woo Nue 2. Relative Humidity(If humidity control provided) • Minimum-40% • Maximum—60% 3. Minimum outside air per occupant shall be in accordance with American Society of Heating, Refrigerating, and Air Conditioning Engineers(ASHRAE) standards and Chapter 4 of the International Mechanical Code. 4. Illumination Levels: Illumination levels shall be as recommended by the Illuminating Engineer's Society of North America(IESNA). Design calculations shall be made for each space, using an 80% lamp depreciation/maintenance factor. Average illumination levels shall be checked in each space after 100 operating hours. Average illumination shall not be less than 12.5%above the design level. For primary and secondary schools, illumination will also meet 1997 WAC 246-366-120 lighting requirements. K. STATE AND FEDERAL REQUIREMENTS: If contract language needs to be amended or modified to comply with state or federal requirements, the Owner shall provide the necessary requirements and both parties shall fully cooperate to make any required changes. ESCO and their subcontractors are required to comply with all applicable state and federal regulations and/or reporting procedures. L. TERNIINATION: 1. Termination by DES: If, through any cause and after reasonable notice and opportunity to cure,the ESCO shall fail to fulfill in a timely and proper manner the ESCO's obligations under this Agreement, or if the ESCO shall violate any of the covenants, agreements, or stipulations of this Agreement, DES may terminate this Agreement by giving written notice to the ESCO of such termination. The notice shall specify the effective date of termination and shall be given at least thirty(30)days before. If the ESCO is engaged in ongoing work for client agencies under an existing, active Energy Services Authorization, the ESCO is obligated to continue to complete the scope of work described therein until such time as that Authorization is closed. Upon notice of termination,no new Energy Services Authorizations will be executed by DES. 2. Termination by ESCO: The ESCO may terminate this Agreement at any time by written notice to the DES Energy Program. Upon termination, all finished or unfinished documents and other materials delivered as work products under executed Energy Services Authorizations, shall, at DES's Master Energy Services Agreement No. 2017-193 K(11) Page 8 of 9 • lose use option, become the property of the client agency for which the Energy Services Authorization was established. Termination shall in no way alleviate the ESCO's requirements to complete authorized work, maintain records, and guarantee energy savings and equipment performance on projects underway or completed. M. SURVIVORSHIP: For projects entered into as a result of this Agreement, the Agreement will remain open and in full force until the projects are completed and shall terminate when all Energy Services Authorizations have been completed and the guarantee periods have been satisfied. The terms, conditions, and warranties contained in this Agreement that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Agreement shall so survive. In addition, the terms of the sections of the General Conditions for Washington State Energy Savings Performance Contracting titled Patents and Royalties, Warranty of Construction, Indemnification, Claims and Dispute Resolution, Anti-Kickback Provisions, Successors and Assigns, and Record Retention shall survive the termination of this Agreement. 2017193Kagrem Master Energy Services Agreement No. 2017-193 K(11) Page 9 of 9 ....., , %. . , , tr unse I NCORPORAT E L) Y ENERGY SERVICES DIVISION February 2017 Diverse Business Inclusion Plan Diverse Business Inclusion Plan Overview Sunset has always been committed to the success of diverse businesses(DBs) in our community and has maintained 50 percent woman ownership since opening in 1976. Although Sunset did not have a formal DB Inclusion Plan until January 2015, supporting DBs has always been part of our company culture. One of Sunset's current owners, President Brian Fluetsch, has been on the board of the Thurston County Economic Development Council for more than 20 years. One of the key functions of the EDC is helping DBs succeed in the community. Sunset is committed to reaching out to DB firms and to help the State of Washington meet its goals for DB utilization.That said,Sunset self-performs a large percentage of the work under our ESCO contract(on average about 85 percent), which limits Sunset's ability to meet the state's percentage goals. However, of the subcontracted work that Sunset does not perform,Sunset's goal is to have one third (33%) of that work performed by DB contractors. See goal percentages below: State of Anticipated Anticipated Percentage of Total 15% Subcontracted Work project State Certification Washington Percentage of Non. Contract Amount Assuming: (Sunset's Goals) Category /Agency Self Performed Specific Goals Scope **Will vary from project to project based upon the amount Goal of subcontracted work. Minority-owned business 10% 12% 1.8% 1.8% Women-owned business 6% 7% 1.1% 1.1% Veteran-owned business 5% 6% 0.9% 0.9% Small/mini/micro 5% 8% 1.2% 1.2% Total 26% 33% 5.0% 5.0% APPENDIX 3:Diverse Business Inclusion Plan-Page 1 of 5—February 2017 ?itn5',1,A1!"!;Irs,rr[i;'()RAr ::.() . ENERGY SERVICES DIVISION - WWW.SUNSETAIR.CGM fir✓ `+.r- t ,, ,...,, ..,. r unse i t w c a to P 0, H A s Eu ENERGY SERVICES DIVISION Diverse Business Outreach Plan 1. Implement an Outreach Plan and Pre-qualification Plan for DBs. A master list of each category of DBs has been obtained from the state. Sunset will sort the list based on location, division of work that is typically subcontracted out, and division of work each company specializes in. Sunset will then identify potential DB partners in each category and solicit interest from those firms. We will set up pre-qualification interviews to review quality of work, financial viability, and references from past projects. We will establish a pool of DBs from each category to geographically cover the state in each type of specialty work that is typically subcontracted out.Then, each of the prequalified DB firms will be notified of bidding opportunities. 2. Be visible through participation in trade shows,job fairs, home shows, community events and business organizations of interest to DBs. Provide information to the general public about Sunset's DB program and continue outreach efforts to the business community. 3. Provide adequate time and information to accurately and properly bid subcontracted work.To that end, all subcontracted packages will have a walkthrough opportunity with questions and answers submitted to all potential bidders. Sunset will share bid results with all subcontractors so that they can learn from the opportunity and see the where the market is on any given project. 4. Tailor bid packages to DB firms when possible, keeping small size in mind. We believe this commitment and outreach puts Sunset above and apart in its efforts to be inclusive of DB firms. Sunset ensures that all staff members understand the importance of this DB Inclusion Plan and that they will strive to incorporate qualified DBs as subcontractors whenever applicable work is available. Karen Johnson is the HR manager at Sunset and is responsible for managing and implementing the DB Inclusion Plan. On a weekly basis, a APPENDIX 3:Diverse Business Inclusion Plan-Page 2 of 5—February 2017 Sun?iEt All'IN';o€f('t'.)k i1:.1) . ENERGY SERVICES DIVISION - WWW.SUNSETAIR.COM �" or.r► Sunset A_ _- „ cuR ,„ , RA „ , ENERGY SERVICES DIVISION minimum of 5 to 10 percent of her time is spent putting the strategies into action. Karen has been involved in DB outreach throughout her tenure at Sunset, but has formally begun managing the plan since its adoption in 2015. Sunset commits to assess the effectiveness of the DB inclusion program and identify opportunities to enhance it by evaluating participation and compliance and by reviewing the "good faith efforts" provided in bid packages. In addition, bidding feedback will be offered to all DBs upon request. Diverse Business Subcontracting List Minority-Owned Business: We are prequalifying firms based on the WEBS master list. Women-Owned Business: Sunset prequalified Lewis/Cutler Construction and encouraged them to consider the Diverse Business program.They followed through on the process and have obtained WBE certification. Veteran-Owned Business: Sunset prequalified Washington Patriot Construction, and they obtained certification as a veteran-owned firm. Small/Mini/Micro Business: Sunset encouraged both Lewis Cutler and Washington Patriot to pursue small business certification, and we are proud to report that both firms obtained it. Sunset will continue to prequalify firms based on the WEBS master list and encourage firms we know meet the requirements of a DB category to acquire their appropriate certification status. List of projects with Diverse Business(DB) participation in the last five years Minority-Owned Business: None—The vast majority of subcontractors that we work with that are legitimately minority-owned have dropped their minority status. Because public works projects don't APPENDIX 3:Diverse Business Inclusion Plan-Page 3 of 5—February 2017 :NAM) • ENERGY SERVICES DIVISION . WWW.SUNSETAIR.COM „o_ Sunset Air O R n L Li ENERGY SERVICES DIVISION require mandatory participation,they see no return on their investment to keep the certification up. Sunset will reach out to explain our current contract and why having a current certification would be in their best interest. Women-Owned Business: None—The vast majority of subcontractors that we work with that are legitimately women-owned have dropped their women-owned status. Because public works projects don't require mandatory participation, they see no return on their investment to keep the certification up. Sunset will reach out to explain our current contract and why having a current certification would be in their best interest. Veteran-Owned Business: None—The vast majority of subcontractors that we work with that are legitimately veteran-owned have dropped their veteran-owned status. Because public works projects don't require mandatory participation,they see no return on their investment to keep the certification up.Sunset will reach out to explain our current contract and why having a current certification would be in their best interest. Small/Mini/Micro Business: None—The vast majority of subcontractors that we work with that qualify as a small business have dropped their small business status. Because public works projects don't require mandatory participation, they see no return on their investment to keep the certification up. Sunset will reach out to explain our current contract and why having a current certification would be in their best interest. Sunset does not currently provide any one-on-one training or mentoring for DBs, but would be willing to provide these services upon request. In addition, Sunset could provide a DB training course on best business practices, including understanding a business'true costs: overhead,gross profit,and how costs should be marked up to achieve the gross profit goals for any given project. APPENDIX 3:Diverse Business Inclusion Plan-Page 4 of 5—February 2017 Sufis' skr'4... :: t ':: ,' ,f(.:[) ENERGY SERVICES DIVISION WNW.SUNSETAIR.COM S . Air 9 N C G R t, 0 t4 fi i D ENERGY SERVICES DIVISION Sunset always considers DBs equal when subcontracting work out.Any qualified DB subcontractor is encouraged to bid on appropriate work and is evaluated equally against other competitors during the selection process. Sunset will track DB subcontractor usage on all projects performed under this RFQ. Sunset does not give preferential treatment, but encourages participation and bidding from DBs and will continue to do so. Sunset will adjust its inclusion strategies based on actual participation levels of qualified DBs.This evaluation will not be based on DB subcontractor awards, but simply qualified DB participation in submitting bids. Policies on Prompt Payment for DB contractors All DB contractors will be paid under the terms of Sunset's job-specific contracts which will be provided to DB contractors. APPENDIX 3:Diverse Business Inclusion Plan-Page 5 of 5—February 2017 (1n5 Air!N(,l)rfi':;1"01i'.r:) • ENERGY SERVICES DIVISION WWW.SUNSETAIR.COM srnr,, o",=.j tr L m VIP '111^1 (AX9 T' CCY STATE OF WASHINGTON DEPARTMENT OF ENTERPRISE SERVICES 1500 Jefferson Si.SE,Olympia,WA 98501 PO Box 41476,Olympia,WA 98504-1476 April 26, 2017 TO: Robert Ebert, City of Renton FROM: Kim Obi, Contracts Specialist, (360)407-8273 RE: Agreement No. 2017-299 A (1) ESPC for Renton Senior Center Sunset Air, Inc. SUBJECT: Funding Approval The Department of Enterprise Services, Engineering&Architectural Services, requires funding approval for the above referenced contract document(s). The amount required is as follows: Energy Audit and Energy Services Proposal $ 7,500.00 Total S 7,500.00 In accordance with the provisions of RCW 43.88, the signature affixed below certifies to Engineering& Architectural Services 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. /Cmug1 By , F % W 7 11/27t`7 Name/Titl Date Please sign and return this form to E&AS. If you have any questions, please call me. 2017299Aagrfndko S'TATF R � :..^ ass IS89*- STATE OF WASHINGTON DEPARTMENT OF ENTERPRISE SERVICES 1500 Jefferson St.SE,Olympia,WA 98501 PO Box 41476,Olympia,WA 98504-1476 October 24,2017 TO: Robert Ebert, City of Renton FROM: Kim Obi, Contracts Specialist,(360)407-8273 RE: Authorization No. 2017-299 A (1) Amendment No. 2 Project Title Renton Senior Center Energy Efficiency Improvements Sunset Air, Inc. SUBJECT: Funding Approval The Department of Enterprise Services, Engineering&Architectural Services, requires funding approval for the above referenced contract document(s). The amount required is as follows: Design& Implementation of Energy Conservation Measures $ 32,288.57 Sales Tax(10.0%)(includes tax on audit& proposal) $ 3,228.86 TOTAL $ 35,517.43 In accordance with the provisions of RCW 43.88, the signature affixed below certifies to Engineering & Architectural Services 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 pr 'ect. By /171/r" /1/1 / Name/Title Date Please sign and return this form to E&AS. If you have any questions,please call me. 2017299Aamd2fundko Name are.s!Ar,.Q v� a (- y O iii: �h4M,in •k'.iXN9 ant STATE OF WASHINGTON DEPARTMENT OF ENTERPRISE SERVICES 1500 Jefferson St.SE,Olympia,WA 98501 PO Box 41476,Olympia,WA 98504-1476 October 24, 2017 TO: Robert Ebert, City of Renton FROM: Kim Obi, Contracts Specialist, (360)407-8273 RE: Contract No. 2017-299 G (1-1) Renton Senior Center Energy Efficiency Improvements Sunset Air, Inc. SUBJECT: Funding Approval COP No. I Change Order No. 1 The Department of Enterprise Services, Engineering&Architectural Services, requires funding approval for the above referenced contract document. The amount required is as follows: Contingency Amount Requested for CO(with Tax) $128,039.64 Additional Construction Contingency Requested $ 9,232.24 Total $137,271.88 In accordance with the provisions of RCW 43.88,the signature affixed below certifies to Engineering&Architectural Services that the above identified funds are appropriated, allotted, and that the using/client agency bears the liability for any issues related to the funding for this project By rJ✓ t [ 3r /'7 Name/Title Date Please sign and return this form to E&AS. If you have any questions, please call me. 20 I 7299Gco I fundko Noe NO f S d\ rill ii x STATE OF WASHINGTON DEPARTMENT OF ENTERPRISE SERVICES 1500 Jefferson St.SE,Olympia,WA 98501 PO Box 41476,Olympia,WA 98504.1476 August 4, 2017 TO: Robert Ebert, City of Renton FROM: Kim Obi, Contracts Specialist, (360)407-8273 RE: Contract No. 2017-299 G(1-1) Renton Senior Center Energy Efficiency Improvements Sunset Air, Inc. SUBJECT: Funding Approval The Department of Enterprise Services, Engineering&Architectural Services,requires funding approval for the above referenced contract document. The amount required is as follows: ESCO Contract Amount $ 68,576.42 Sales Tax(10.0%) $ 6,857.64 Contingency Amount(with Tax) $ 3,697.75 Total $ 79,131.81 In accordance with the provisions of RCW 43.88, the signature affixed below certifies to Engineering & Architectural Services 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. • By/ � ' C3i16! G/ 4 Name/ Title f Date Please sign and return this form to E&AS. If you have any questions,please call me. 2017299Gcontfundko t N k (Date Stamp) City Clefts/it's Division I" 1) , ® czCHECKLIST FOR AMENDED CONTRACTS Please return to the City Clerk's Division ***View Policy 250-02 for more information*** SPECIFICATIONS OF CONTRACT TYPE OF DOCUMENT: Contract/Agreement ( Lease ()Permit TYPE OF AMENDMENT: Addendum Change Order Amendment/CO/WO#: r)--• to the City Clerk's CAG#: I CD —1 710'f Contractor Name: PE-,S Amendment Description: 12,t,,,S'IyAti bi.k. ()re,(/!y:.5 FLY(' <I . C4y- 1 (�1,14 !vt, CONTACT INFORMATION Signing Authority: Mliq ut. .,VI !' L Gk v.) This is the nameb the person(s)signing the contract p () 9 9 The Following Ppl. Must Attest: Jason A.Seth, CMC, City Clerk Shane Moloney, City Attorney Please be sure to add the CORRECT signature blocks for each person signing!!! Staff Name& Ext.: VD\c,i11,4--- ,./ Dept./Division: C S — fa C,, ii 1 The name of the person who will receive the completed contract I EXPIRATION DATE: -` 1 / JL\( 11 DATE MUST MATCH DATE IN CONTRACT!!If no actual date,please provide estimate—information is required by Eden. FISCAL IMPACT AGREEMENT CLASS: 4 Payable,Vendor#: a Receivable Grant Misc. (no$$) TOTAL AMOUNT OF THIS AGREEMENT: —7 5 T 6 ITEMS TO INCLUDE/CONFIRM/SUBMIT 2 Signed Originals OR }1 Signed Original ,.--ftgal Review (You will receive one signed ttt(You will receive an electronic orig back) copy back via email) de with submission) NOTE:Work Orders and Change Orders only require ONE original. Date of Council Approval (if applicable) Corresponding ORD or RES#(if applicable): ORD FOR CLERKS OFFICE USE ONLY Ci Deputy Approved&Dated: ' i Y jo4(.4‘i di,l' iVendo +1k� 1 ks;® ,,,,,,,q / � •r Mayor's Signature Needed: L Yes No ~ fevtal--- Date Completed/Returned: ".- i W Si Authority Correct Li 1( Electronic Print Pint—Into Current revided Rev 7/7/2017