Dept Enterprise Servcs Amend #4 - 2013-030c�
111f'TLRA GENCY Amendment Department of Enterprise Services
Date: March 23, 2016
Agreement No: 2012-ERG-576 _
Project No.: 2013-030
Amendment No: 4
Interagency Agreement Between the
State of Washington
Department of Enterprise Services
and the
City of Edmonds
The parties to this Agreement, the Department of Enterprise Services, Engineering &
Architectural Services, hereinafter referred to as "DES", and the City of Edmonds, hereinafter
referred to as the "CLIENT AGENCY", hereby amend the Agreement as follows:
1. Statement of Work
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-2 and Attachment
"C-2", 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-2" and Attachment "C-2".
Energy/Utility Conservation projects shall be authorized by Amendment to this Agreement.
1.1 Phase 3 HVAC, Lighting, and Controls Upgrades outlined in the Ameresco Quantum,
Inc. Energy Services Proposal dated April 16, 2013.
1.2 Review of Measurement and Verification reports for the Phase 3 HVAC, Lighting, and
Controls Upgrades outlined in the Ameresco Quantum, Inc. Energy Services Proposal
dated April 16, 2013.
1.3 Waste Water Treatment Plant Energy Upgrades outlined in the Ameresco, Inc. Energy
Services Proposal dated June 25, 2014.
1.4 Phase 6, Library Gas Pack Replacement outlined in the Ameresco, Inc. Energy Services
Proposal dated September 25, 2015.
1.5 WWTP Phase 5 — Screw Press and Aeration Blower outlined in the Ameresco, Inc.
Energy Services Proposal dated March 21, 2016.
Interagency Agreement No. 2012-ERG-576
Page 1 of 3
-k P-31-lq
_:*7 6 yb;�
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3. Period of Performance
Subject to its other provisions, the period of performance of this Agreement shall commence
on August 13, 2012, and be completed on December 31, 2019, unless altered or amended as
provided herein.
4. Consideration
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.
For Project Management Services provided by DES under Attachment "A-2" of this
Agreement, 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-2".
If the CLIENT AGENCY 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-2". 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).
If measurement and verification services are requested by the CLIENT AGENCY and
provided by DES under Attachment "C-2" of this Agreement, the CLIENT AGENCY will
pay DES $2,000.00 annually for each year of monitoring and verification services requested.
Compensation for services provided by the ESCO shall be paid directly to the ESCO by the
CLIENT AGENCY, after DES has reviewed, approved and sent the invoices to the CLIENT
AGENCY for payment.
4.1 Energy Project Management Fee for Phase 3 HVAC, Lighting, and Controls Upgrades is
$35,000.00. Anticipated billing date for this Amendment is June 1, 2014.
4.2 Measurement and Verification Fee for Phase 3 HVAC, Lighting, and Controls Upgrades
is $4,000.00, Anticipated billing dates for this Amendment are June 1, 2016, and 2017.
4.3 Energy Project Management Fee for the work described in Section 1.3 is $39,600.00,
Anticipated billing date for this Amendment is June 1, 2015.
4.4 Energy Project Management Fee for the work described in Section 1.4 is $13,800.00.
Anticipated billing date for this Amendment is July 1, 2017.
4.5 Energy Project Management Fee for the work described in Section 1.5 is
$64,000,00. Anticipated billing date for this Amendment is February 28, 2018.
Interagency Agreement No. 2012-ERG-576 Page 2 of 3
The new total Agreement value is $1561400.00.
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
0.
V �-X' �' L- n- 3. �St')L'
Title Date
2012576am4af
Depa t t of Enterprise Services
Eng' e n & Architectural Services
��+Wyi liam . rare, P.E.
' ssistantDirector 4 d ` 6
Title
Date
Interagency Agreement No. 2012-ERG-576 Page 3 of 3
STATE OF WASHINGTON
DEPARTMENT OF ENTERPRISE SERVICES
1500 JWeraon St. SE, Olympia, WA 98501
PO Box 41476, Olympia, WA 98504-1476
March 23, 2016
TO: Pamela Randolph, City of Edmonds
FROM: Andrea Faust, Contracts Specialist, (360) 407-9365
RE: Authorization No. 2013-030 C (3)
Amendment No. 1
Project Title WWTP Phase 5 — Screw Press and Aeration Blower
Ameresco, 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 $ 690,472.00
First Year Measurement & Verification $ 7,151.00
Sales Tax (9.5%) (includes tax on audit & proposal) $ 75,468.29
TOTAL $ 773,091.29
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 f his project
By
Name / Title Date
Please sign and return this form to E&AS. If you liavaiiy questions, please call me.
2013030Cam 1 fiidaf
STATE OF WASHINGTON
DEPARTMENT OF ENTERPRISE SERVICES
1500 Jefferson St. SE, Olympia, WA 96501
PO Box 41475, Olympia, WA 98604-1476
March 23, 2016
TO: Pamela Randolph, City of Edmonds
FROM: Andrea Faust, Contracts Specialist, (360) 407-9365
RE: Contract No. 2013-030 I (3-1)
WWTP Phase 5 — Screw Press and Aeration Blower
Ameresco, 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 $ 2,299,418.00
Sales Tax (9.5%) $ 218,444.71
Contingency Amount (with Tax) $ 246.849.00
Total $ 2,764,711.71
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/cMcy. The using/client agency bears the liability for any issues related to the
fundi e f r this Dr dic t. —
By
/ Title
Please sign and return this form to E&AS. If you
2013030Iconfidaf
Date
y questions, please call me.
Hynd, Linda
From: Randolph, Pamela
Sent: Monday, April 04, 2016 10:49 AM
To: Hynd, Linda
Subject: FW: 2012-ERG-576 - IAA, Executed Amendment No. 4
Attachments: 2012576am4lhex.pdf
Linda,
Do you need a copy of the executed agreement?
From: Haima, Laura J. (DES) [mailto:laura.haimaWes.wa.gc�v]
Sent: Monday, April 04, 2016 10:22 AM
To: Randolph, Pamela
Cc: Faust, Andrea B. (DES); Flynn, Todd M. (DES)
Subject: 2012-ERG-576 - IAA, Executed Amendment No. 4
For you records, please see attached executed Amendment.
If you have any questions, please let me know.
Thank you!
Laura Haima
Contracts Specialist
Department of Enterprise Services
Engineering & Architectural Services
P.O. Box 414 76
Olympia, WA 98504
Telephone (360) 407-9362
la u ra. hai ma @d es. wa. gov
INTERAGENCY Amendment
Date:
October 14, 2015
Agreement No:
2012-ERG-576
Project No.:
2013-030
Amendment No:
3
Department of Enterprise Services
Interagency Agreement Between the
State of Washington
Department of Enterprise Services
and the
City of Edmonds
The parties to this Agreement, the Department of Enterprise Services, Engineering &
Architectural Services, hereinafter referred to as "DES", and the City of Edmonds, hereinafter
referred to as the "CLIENT AGENCY", hereby amend the Agreement as follows:
1. Statement of Work
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-2" and
Attachment 11C-211, 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-2" and Attachment "C-2".
Energy/Utility Conservation projects shall be authorized by Amendment to this Agreement.
1.1 Phase 3 HVAC, Lighting, and Controls Upgrades outlined in the Ameresco Quantum,
Inc. Energy Services Proposal dated April 16, 2013.
1.2 Review of Measurement and Verification reports for the Phase 3 HVAC, Lighting, and
Controls Upgrades outlined in Ameresco Quantum, Inc. Energy Services Proposal
dated April 16, 2013.
1.3 Waste Water Treatment Plant Energy Upgrades outlined in the Ameresco, Inc. Energy
Services Proposal dated June 25, 2014.
1.4 Phase 6, Library Gas Pack Replacement outlined in the Ameresco, Inc. Energy
Services Proposal dated September 25, 2015.
Attachment "A-l" Scope of Work Energy/Utility Conservation Projects Management
Services is revised to Attachment "A-2" and Attachment 11C-1" Scope of Work
Energy/Utility Conservation Projects Monitoring Services is revised to Attachment 11C-
2" to update the Statewide Energy Performance Contracting Program Master Energy
Services Agreement number from Agreement No. 2013-133 to Agreement No. 2015-181,
attached hereto and incorporated herein by reference.
"--- 1 -4P 7
C'. 5 =
4. Consideration
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.
For Project Management Services provided by DES under Attachment "A-2" of this
Agreement, 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-2".
If the CLIENT AGENCY 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-2". 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).
If measurement and verification services are requested by the CLIENT AGENCY and
provided by DES under Attachment 11C-2" of this Agreement, the CLIENT AGENCY will
pay DES $2,000.00 annually for each year of monitoring and verification services requested.
Compensation for services provided by the ESCO shall be paid directly to the ESCO by the
CLIENT AGENCY, after DES has reviewed, approved and sent the invoices to the CLIENT
AGENCY for payment.
4.1 Energy Project Management Fee for Phase 3 HVAC, Lighting, and Controls Upgrades is
$35,000.00. Anticipated billing date for this Amendment is June 1, 2014.
4.2 Measurement and verification fee for Phase 3 I-IVAC, Lighting, and Controls Upgrades
is $4,000.00. Anticipated billing dates for this Amendment are June 1, 2016 and 2017.
4.3 Energy Project Management Fee for the work described in Section 1.3 is $39,600.00.
Anticipated billing date for this Amendment is June 1, 2015.
4.4 Energy Project Management Fee for the work described in Section 1.4 is
$13,800.00. Anticipated billing date for this Amendment is July 1, 2017.
The new total Agreement value is $92,400.00.
This Amendment also revises the Interagency Reimbursement Costs outlined in
Attachment "B-1" of the Agreement to reflect the current DES project management
fees. A new Attachment 1111-2" is included with this Amendment.
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 parry 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.
Department of Enterprise Services
Engin ng Architectural Services
r
William J. rare, P.E.
Assistant Director - 3C)
Title Date
2012576am3af
T_M.... ,".�.— A ---- ,.... a AT.. 'NA I'1 T7n /l C'7L ll---'1 ..rO
ATTACHMENT A-2
Scope of Work
Energy/Utility Conservation Projects
Management Services
Statewide Energy Performance Contracting Program
Master Energy Services Agreement No. 2015-181
DES will provide the following project management services for each specific project for the
CLIENT AGENCY. Each individual project shall be authorized by 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. Negotiate scope of work and fee for 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 the 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 and approve the ESCO invoice vouchers for payment.
9. Assist with final project acceptance.
10. Provide other services as required to complete a successful energy performance contract.
Interagency Agreement No. 2012-ERG-576
ATTACHMENT B-2
Fee Schedule
2015-17 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.................................. $66,000 ................................
4,000,001....... 5,000,000................................... 65,000 ................................
3,000,001.......4,000,000................................... 64,000 ................................
2,000,001.......3,000,000
...................................
1,500,001
....... 2,000,000...................................
1, 000, 0 01.......1,500,000
...................................
900,001......
1,000,000...................................
8 00, 001.........900,
000...................................
700,001
......... 800,000...................................
600, 001.........700,000
...................................
500,001
......... 600,000...................................
400,001
......... 500,000...................................
3 00, 001.........400,
000...................................
200,001
......... 300,000...................................
100,001
......... 200,000....................................
50,001
......... 100,000.....................................
20,001...........50,000
.....................................
0
........... 20,000....................................
60,000................................
56,000................................
49,500................................
42,000................................
39,600 ................................
36,800................................
3 5, 000................................
32,400................................
29,000................................
24,800 ................................
19,800.................................
13,800.................................
7,500.................................
4,000..................................
25,700
25,400
25,000
23,400
21,800
19,300
16,400
15,400
14,400
13,700
12,600
11,300
9,700
7,700
5,400
3,500
2,000
2,000................................. 1,000
The project management fee on projects over $6,000,000 is 1.1% 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 proposal that identifies cost effective conservation
measures if the CLIENT AGENCY decides not to proceed with the project through DES.
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.
ram........,`.._.__. A.....,....«.-.XT- 1n 1'% r.nn c�7c n.._. 11 /1^t III AI I
ATTACHMENT C-2
Scope of Work
Energy/Utility Conservation Projects
Monitoring Services
Statewide Energy Performance Contracting Program
Master Energy Services Agreement No. 2015-181
If requested DES will provide the following monitoring services for each specific project for the
CLIENT AGENCY,
1. Monitor actual energy use and dollar costs, compare with the ESCO's annual Measurement
and Verification (M&V) report and any ESCO guarantee, resolve differences, if needed, and
approve any vouchers for payment.
2. Monitor facility operations including any changes in operating hours, changes in square
footage, additional energy consuming equipment and negotiate changes in baseline energy
use which may impact energy savings.
3. Provide annual letter report describing the ESCO's performance, equipment performance and
operation, energy savings and additional opportunities, if any, to reduce energy costs.
T'Tl!' G'7L
INTERAGENCY Amendment
Date: Au ust 7 2014
Agreement No: 2012-IAA-576
Project No.: 2013-030
Amendment No: 2
Department of Enterprise Services
Interagency Agreement Between the
State of Washington
Department of Enterprise Services
and
City of Edmonds
The parties to this Agreement, the Department of Enterprise Services, Facilities Division,
Engineering & Architectural Services, hereinafter referred to as "DES", and City of Edmonds,
hereinafter referred to as the "CLIENT AGENCY", hereby amend the Agreement as follows:
1. Statement of Work
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-1" and
Attachment "C-1", 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-1" and Attachment "C-1".
Energy/Utility Conservation projects shall be authorized by Amendment to this Agreement.
1.1 Phase 3 HVAC, Lighting, and Controls Upgrades outlined in the Ameresco
Quantum, Inc. Energy Services Proposal dated April 16, 2013.
1.2 Review of Measurement and Verification reports for the Phase 3 HVAC, Lighting,
and Controls Upgrades outlined in Ameresco Quantum, Inc. Energy Services
Proposal dated April 16, 2013.
1.3 Waste Water Treatment Plant Energy Upgrades outlined in the Ameresco, Inc.
Energy Services Proposal dated June 25, 2014.
Attachment "A" Scope of Work Energy/Utility Conservation Projects Management
Services is revised to Attachment "A-1" and Attachment "C" Scope of Work
Energy/Utility Conservation Projects Monitoring Services is revised to Attachment "C-
1" to update the Statewide Energy Performance Contracting Program Master Energy
Services Agreement number from Agreement No. 2011-169 to Agreement No. 2013-133,
attached hereto and incorporated herein by reference.
Interagency Agreement No. 2012-ERG-576
�jr-47 Cd
Page 1 of 3
4. Consideration
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
pre j ect.
For Project Management Services provided by DES under Attachment "A-1" of this
Agreement, 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 `11-1".
If the CLIENT AGENCY 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 `11-1". 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).
If measurement and verification services are requested by the CLIENT AGENCY and
provided by DES under Attachment "C-1" of this Agreement, the CLIENT AGENCY will
pay DES $2,000.00 annually for each year of monitoring and verification services requested.
Compensation for services provided by the ESCO shall be paid directly to the ESCO by the
CLIENT AGENCY, after DES has reviewed, approved and sent the invoices to the CLIENT
AGENCY for payment.
4.1 Energy Project Management Fee for Phase 3 HVAC, Lighting, and Controls Upgrades
is $35,000.00. Anticipated billing date for this Amendment is June 1, 2014.
4.2 Measurement and verification fee for the Phase 3 HVAC, Lighting, and Controls
Upgrades is $4,000.00. Anticipated billing dates for this Amendment are June 12016
and 2017.
4.3 Energy Project Management Fee for the work described in Section 1.3 is
$39,600.00. Anticipated billing date for this Amendment is June 1, 2015.
The new total Agreement value is $78,600.00.
This Amendment also revises the Interagency Reimbursement Costs outlined in
Attachment "B" of the Agreement to reflect the current DES project management fees.
A new Attachment "B-1" is included with this Amendment.
Interagency Agreement No. 2012-ERG-576 Page 2 of 3
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 Edmonds Department of Enterprise Services
Facilities Division
Engi ng & Architectural Services
Wi ram J. Frare, P.E.
t , Public Works Administrato q ' 1� • 9"
Title Date Title Date
2012576am2em
Interagency Agreement No. 2012-ERG-576 Page 3 of 3
ATTACHMENT A-1
Scope of Work
Energy/Utility Conservation Projects
Management Services
Statewide Energy Performance Contracting Program
Master Energy Services Agreement No. 2013-133
DES will provide the following project management services for each specific project for the
CLIENT AGENCY. Each individual project shall be authorized by 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. Negotiate scope of work and fee for 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 the 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 and approve the ESCO invoice vouchers for payment.
9. Assist with final project acceptance.
10. Provide other services as required to complete a successful energy performance contract.
Interagency Agreement No. 2012-ERG-576
ATTACHMENT B-1
Fee Schedule
2013-15 Interagency Reimbursement Costs
for Project Management Fees to Administer
Energy/Utility Conservation
Projects
PROJECT
TOTAL PROJECT VALUE MANAGEMENTFEE TERMINATION
5,000,001.......6,000,000
..................................
$66,000 ................................
25,700
4,000,001.......
5,000,000...................................
65,000 ................................
25,400
3,000,001.......4,000,000
...................................
64,000 ................................
25,000
2,000,001.......3,000,000
...................................
60,000................................
23,400
1,500,001.......2,000,000
...................................
56,000 ...............................
21,800
1,000,001.......1,500,000
...................................
49,500................................
19,300
900,001......
1,000,000...................................
42,000 ................................
16,400
800,001.........
900,000...................................
39,600 ................................
15,400
700,001.........
800,000...................................
36, 800................................
14,400
600, 001.........700,000
...................................
3 5, 000................................
13,700
5 00,001.........600,000
...................................
32,400 ................................
12,600
400,001.........
500,000...................................
29,000 ................................
11,300
3 00, 001.........400,
000...................................
24, 8 00................................
9,700
200,001.... .....300,000
...................................
19,800.................................
7,700
100,001.........200,000
...................................
13,800 .................................
5,400
50,001.........
100,000..................... I .......... .....
7,500 .................................
3,500
20, 001...........50,000
.....................................
4,000 .................................
2,000
0...........20,000
....................................
2,000 .................................
1,000
The project management fee on projects over $6,000,000 is 1.1% 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 proposal that identifies cost effective conservation
measures if the CLIENT AGENCY decides not to proceed with the project through DES.
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. 2012-ERG-576 Rev. 3/12/2012
ATTACHMENT C-1
Scope of Work
Energy/Utility Conservation Projects
Monitoring Services
Statewide Energy Performance Contracting Program
Master Energy Services Agreement No. 2013-133
If requested DES will provide the following monitoring services for each specific project for the
CLIENT AGENCY.
1. Monitor actual energy use and dollar costs, compare with the ESCO's annual Measurement
and Verification (M&V) report and any ESCO guarantee, resolve differences, if needed, and
approve any vouchers for payment.
2. Monitor facility operations including any changes in operating hours, changes in square
footage, additional energy consuming equipment and negotiate changes in baseline energy
use which may impact energy savings.
3. Provide annual letter report describing the ESCO's performance, equipment performance and
operation, energy savings and additional opportunities, if any, to reduce energy costs.
Interagency Agreement No. 2012-ERG-576
INTERAGENCY Amendment
Date: April 25, 2013
Agreement No: 2012-ERG-576
Project No.: 2013-030
Amendment No: 1
Department of Enterprise Services
Interagency Agreement Between the
Department of Enterprise Services
and
City of Edmonds
The parties to this Agreement, the Department of Enterprise Services, Facilities Division,
Engineering & Architectural Services, hereinafter referred to as "DES", and City of Edmonds,
hereinafter referred to as the "CITY", hereby amend the Agreement as follows:
1. Statement of Work
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 Phase 3 HVAC, Lighting, and Controls Upgrades outlined in the Ameresco
Quantum, Inc. Energy Services Proposal dated April 16, 2013.
1.2 Review of Measurement and Verification reports for the Phase 3 HVAC,
Lighting, and Controls Upgrades outlined in Ameresco Quantum, Inc. Energy
Services Proposal dated April 16, 2013.
3. Period of Performance
Subject to its other provisions, the period of performance of this Agreement shall
commence on August 13, 2012, and be completed on December 31, 2017 unless altered
or amended as provided herein.
4. Consideration
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.
�;�,�. ,� • icy �a �
Interagency Agreement No. 2012-ERG-576 Pagel of 3 t. .' , .� q
For Project Management Services provided by DES under Attachment "A" of this
Agreement, the CITY 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".
If the CITY decides not to proceed with an Energy/Utility Conservation project that
meets the CITY's cost effective criteria, then the CITY 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).
If monitoring and verification services are requested by the CITY and provided by DES
under Attachment "C" of this Agreement, the CITY will pay DES $2,000.00 annually for
each year of monitoring and verification services requested.
Compensation for services provided by the ESCO shall be paid directly to the ESCO by
the CITY, after DES has reviewed, approved and sent the invoices to the CITY for
payment.
4.1 Energy Project Management Fee for Phase 3 HVAC, Lighting, and Controls
Upgrades is $35,000.00. Anticipated billing date for this Amendment is June 1,
2014.
4.2 Measurement and verification fee for the Phase 3 HVAC, Lighting, and
Controls Upgrades is $4,000.00. Anticipated billing dates for this Amendment
are June 12016 and 2017.
The new total Agreement value is $39,000.00.
5. Billing Procedure
DES shall submit a single invoice to the CITY 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 closeout documents and commencement of energy savings notification.
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.
DES shall invoice the CITY for any remaining services within 60 days of the termination
of this Agreement.
Special Billing Condition: Section 1.2 in the Statement of Work. DES shall submit
invoice to the CITY annually for $2,000.00 on or before June 1 each year, beginning
in 2016 and ending in 2017, unless terminated earlier.
Interagency Agreement No. 2012-ERG-576 Page 2 of 3
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 Edmonds
Titic
20125761AAam1em
il0.Lll
Department of Enterprise Services
Facilities Division
Bill Phillips, P.E.
Title
Interagency Agreement No. 2012-ERG-576 Page 3 of 3
Services
O c
Date
Interagency Agreement Departrwnt of Entejpdw s
Date: May ., 2012 _ Interagency Agreement No:27EgG-57
Interagency Agreement Between the
Department of Enterprise Ser► kvs
and
City of Edmonds
This Agreement, pursuant to chapter 39.34 RCW, is made and entered into by and between the
Department of Enterprise Services, Facilities Division, Engineering & Architectural Services,
hereinafter referred to as "DES", and City of Edmonds, hereinafter referred to as the "CITY".
The purpose of this Agreement is to establish a vehicle for DES to provide future Energy/Utility
Conservation Project Management and Monitoring Services to the CI'f'Y and to authorize the
development of the energy services proposal.
Now therefore, in consideration of the terms and conditions contained herein, or attached and
incorporated by reference and made a part hereof, the above -named parties mutually agree as
follows:
1. Statement of Work
DES shall furnish the necessary personnel and services and otherwise do all things necessary
for of hW'6W ri so the POV161m0we of the want set Farah in Atteduma..A: amyl A
ftAmm
"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/UdHty Conservation projects shall be authorized by Amendment to this Agreerrtent.
2. Terms and con i#ions
All rights and obligations of the parties to this Agreement shall be subject to and governed by
the terms and conditions contained in the text of this Agreement.
3. Period of Ferform nce
Subject to its other provisions, the period of performance of this master Agreement shall
commence when this Agreement is properly signed, and be completed on June 30, 2014
unless altered or mnended as provided herein.
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.
Interagency AS= P - No. 2012-ERG-576 Page I of 5
Coif 5Pg7
For Project Management Services provided by DES under Attachment "A" of this
Agr+eernenL the CITY will pay DES a Pmjed Managenuat Fee for services bused on the total
project value per Project Man %ement Fees Schedule set forth in Attachment "B".
if the CITY decides not to proceed with an EnergyiUtility Conservation project than meets
CITY's cost effective criteria, then the MY 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 Energy Services
Company (ESCO).
If monitoring and verification services are requested by the CITY and provided by DES
under Attachment'V' of this Agreement, the CITY will pay DES $2,000.00 annually for
each year of monitoring and verification services requesters.
Compensation for services provided by the ESCO shall be paid directly to the ESCO by the
CITY, after DES has reviewed, approved and sent the invoices to the CITY for payment.
5. BEIng Procedure
DES shall submit a single invoice to the CITY at substantial completion of each authorized
Project, unless the CITY requests a Special Billing Condition in the Amendment` Substantial
completion of the project will include the delivery and acceptance of closeout documents and
commencement of energy savings notification. Each invoice will indicate clearly that it is
for the services rendered in performance of this Agreement and shall reflect both the
Agreement and amendment number.
DES will invoice for any MUMPS services within 60 days of the termination of this
Agreement.
6. Prryomw Phmmftr e
The CITY shall pay all invoices received from DES within 90 days of receipt of properly
executed invoice vouchers. The MY shall notify DES in writing if the CITY cannot pay an
invoice within 90 days.
7. Noe•DUn iminathm
In the performance of this Agreemem, DES shall comply with the provisions of Title VI of
the Civil Rights Act of 1964 (42 USC 200d), Section 504 of the Rehabilitation Act of 1973
(29 USC 794X and Chapter 49.60 RCW, as now or hmsfier amended. DES shall not
discriminate: on the grounds of race, color, national origin, sex, religion, marital slams, age,
creed, Vietnam -Era and Disabled Veterans status, or the presence of any sensory, mental, or
physical disability in:
a) Any terms or conditions of employment to include taking affirmative action necessary to
accomplish the objectives of this part and
b) Denying an individual the opportunity to participate: in any program provided by this
Agreement through the provision of services, or otherwise afford others.
IWmW=y APo n*M Na 2011-ERG-576 Pee 2 of5
In the event of DES's non -complies or refusal to comply with the above provisions, this
Agreement may be rescinded, canceled, or terminated in whole or in part, and DES declared
ineligible for further Agreement with the CffY. DES shall, however, be given a reasonable
time in which to cure this noncompliance. Any dispute may be resolved in accordance with
the "Disputes" procedure set forth therein.
8. Reams Malnate nimoe
The CITY and DES shall each maintain books, records, documents, and other evidence that
sufficiently and properly reflect all direct and indirect costs expended by either party in the
performance of the services described herein. These records WWI be subject to inspection,
review, or audit by personnel of both parties, other personnel daily authorized by either party,
the Office of the State Auditor, and federal officials so authorized by law. DES will retain all
books, records, documents, and other material relevant to this agreement for six yew after
expiration; and the Office of the State Auditor, federal auditors, and any persons duly
authorized by the parties shall have full access and the right to examine any of these
materials daring this period.
9. carrtrvct Msmgemme
a. The CffY Representative on this Agreement shall be:
Jim Stevens
(Sty of Edmonds
7110 210th Stream SW
Edmonds, WA 98020
Telephone (425) 771-0233
The Representative shall be responsible for working with DES, approving billings and
expenses submitted by DES, and accepting any reports from DES-
b. The DES Project Manager on this Agreement shall be:
Ron Major
Departmem of Entegrrise Services
Facilities Division
Engineering and Architectural Services
PO Box 41012
Olympia, WA 9830+4-1012
Telephone (360) 2.39-4134
Ron Major will be the contact person for all communications regarding the conduct of
work under this Agreement.
Intempacy Agreement No. 2012-BRO-576 Page 3 of 5
10. bold Harmless
Each party to this Agreement shall be responsible for its own acts and/or omissions and those
of its officers, employees and agents. No party to this Agreement shall be responsible for the
ants and/or omissions of entities or individuals not a party to this Agreement.
11. Agreement Alteratlow and Amemrt s nts
The CITY and DES may mutually amend this Agreement. Such Amendments shall not be
binding unless they are in wrung and signed by personnel authorized to bind the CITY and
DES or their respective delegates.
12. Termhutdon
Except as otherwise provided in this Agreement, either party may terminate this Agreement
upon thirty (3p) days written notification. If this Agreement is so terminated, the terminating
pointy shall be liable only for performance in accordance with the terms of this Agreement for
performance rendered prior to the effective date of termination.
13. ,Disputes
If a dispute arises under this Agreement, it sMU be determined in the following manner. The
CITY shall appoint a member to the Dispute Board. The Dirmlor of DF.S shall appoint a
member to the Dispute Board. The CITY and DES shall jointly appoint a third member to
the Dispute Board. The Dispute Board shall evaluate the dispute and make a determination
of the dispute. The deWmimWon of the Dispute Board shall be final and binding on the
parties hereto.
14. Order of Pnmdenee
In the event of an inconsistency in this Agreement, unless otherwise provided herein, the
- ll+ r Par +�y�grvirrg in dkriblyowtngair.
a) Applicable FederW and State Statutes and Regulations
b) Teams and Conditions
c) Attachment "A", Project Management Scope of Work, Attachments "B", Project
Management bees; and Attachment "C', Monitoring Services Scope of Work, and
d) Any other provisions of the Agreement incorporated by reference.
Interagency Agreement No. 2012-ERG-576 Page 4 of 5
AU Writings +GonhAned Herein
"is Agreement contains all tale tenns and conditions agreed upon by the parties. No odw
understandings, Oral or Ddwwiw, m9a ding the subject matter of this Agreement shall be
deemed to exist or to bind any of the parties hereto.
AT1 T IORl Al1C]l►l TU PROCEED
Agreed to and signed by:
City of Edmonds
r
Sigmarr tine
t �r
Name
lisle
Date
Deparbnew of Enterprbe Selrtrka
Fa Miles Division
Englimming & Ar,chiftctu rai ser►lees
'signature
idi PEI
Name
1
1;
The Depardnent of Enterprise Services provides equal access for all people without regard to
race, creed, color, religian, national origin, age, ,gender, sex, marital status, or disability.
Contract information is available in alternative formats. Far more information, please call Eddie
Miller at (360) 407-9363.
201257UMm
ftVMM nY MS ODRMMT UN1r M12
Interagency Agmfft nt No. 2012-ERG-576 Page 5 of 5
Scope of Work
Energy/Utility Conservation Projects
Management Services
Statewide Energy Perfomume Contracting Program
Master Energy Services Agreement No. 2011-169
DES will provide the following project management services for each specific project for the
CITY. Each individual project shall be authorized by Amendment to this Agreement.
1. Assist the CTN 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. Negotiate scope of work and fee for ESCO audit of the facility(s).
4. Assist in identifying appropriate project funding sources and assist with obtaining project
funding.
5. Negotiate the technical. financial and legal issues associated with the ESCO's Energy
Services Proposal.
6. Review and recommend approval of ESCO energy/utility audits and Energy Services
Proposals.
7. F'ro+Fiie aarslaaresr �i■i is cia■stareisra. i■i
8. Review and approve the ESCO invoice vouchers for payment.
9. Assist with final project acceptance.
10. Provide other services as required to complete a successful energy performance contract.
Interagency Agroenmt No. 2012-ERG-576
Fee Schedule
2011-13 Interagency Reimbursement Costs
for Project Management Fees to Administer
EnergylUtility Conservation Projects
PROJECT
__1AL PRU R" VAI�1
IUTA�NAGEMENT FEE TEBMINATI[3,
5,000,001......6,000,000
................................. $66,000 ...............................
25,700
4,000,001......5,000,0D0
.................................. 65,000 ...............................
25,400
3,000,001......4,+000A00
.................................. 64,000 ...............................
25,000
2.000,001......3,000,000
.................................. 60AM ...............................
23,,M
1,500,001......2,000,000
.................................. 56,000 ...............................
21,800
11000,001
...... 1,500,000
.................................. 49,500 ...............................
19,300
900,001.....
1.000,000
.................................. 42,000 ...............................
16AM
800,001
...... .. 900,000
.................................. 39,600................................
15,400
700,001
....... .800,000
.................................. 36.800 .............................. 0
14AM
600,001
....... . 700,000
.................................. 35,000 ...............................
13,700
500,001
....... . 600,000
.................................. 32,400 ...............................
I ZrM
400,001
...... ..500,000
.................................. 29,000 ...............................
11,300
300,001
....... . 400,000
.................................. 24,800 ...............................
9,700
200,001
........ 300,000
.................................. 19,800................................
7,700
100,001
........ 200,000
.................................. 13,800................................
5,400
50,001
....... . 100,000
.................................... 7,500................................
3,500
20,001..........50,000
.................................... 4.000................................
2,000
0..........
20,000
................................... 2,000................................
1,000
The project management fee on projects over $6,+000,000 is 1.1 % of the project cost The
maximum DES termination fee is $25,700.
t. These faescovo project management services forcuergy/crdtit3►conservadon pffgj=ft 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 proposal that identifies cost effective conservation
measures if the CITY decides not to proceed with the project through DES.
3. If the project meets the CITY's cost effectiveness criteria and the CITY decides not to move
forward with a project, then the CITY will be invoiced per Attachment. B Termination or
$25.700.00 whichever is less. If the CITY decides to proceed with the project then the
Agmenwnt will be amended per Attachment B for Project Management Fee.
4. If the audit fails to produce a project that meets the CITY's established Cost Effectiveness
Criteria, then there is no cost to the CITY and no further obligation by the CITY.
Rev. V 2f Z
interagency A8men apt No. 2012-ERG-S76
ATTACHMENT C
Scope of Work
Energy/Utility Conservation Projects
Monitoring Services
Statewide Energy Performance Contracting Program
Master Energy Services Agreement No. 2011-169
If requested DES will provide the following monitoring services for each specific project for the
CITY.
1. Monitor actual energy use and dollar costs, compere with the ESCO's annual Measurement
and Verification (M&V) report and any ESCO guarantee, resolve differences, if needed, and
approve any vouchers for payment.
2. Monitor facility operations including any changes in operating hours, changes in square
footage, additional energy consuming equipment and negotiate changes in baseline energy
use which may impact energy savings.
3. Provide annual letter report describing the ESCO's performance, equipment performance and
operation, energy savings and additional opportunities, if any, to reduce energy costs.
Interagency Agmnmd No. 2012-ERG-376