HomeMy WebLinkAbout5.932 Original Contract
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STATE OF WASHINGTON
GENERAL ADMINISTRATION
ENGINEERING AND ARCHITECTURAL SERVICES
210 SW 11th Ave, Rm 206 * PO Box 41012 * Olympia, WA 98504-1012
(360) 902-7272 * fax (360) 753-2848
February 26,2009
Larry Dunbar
Deputy Director of Power Systems
Public Works and Utilities Department
City of Port Angeles
PO Box 1150
Port Angeles, W A 98362
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IJJJ MAR 02 2a09 If);
City of Port Angeles
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RE: Interagency Agreement No. 2009-513
Energy Conservation Project Management Services
City of Port Angeles
NOTICE TO PROCEED
This is your official notice that we will proceed with the work of our Interagency Agreement.
Enclosed is your executed copy of our Interagency Agreement.
Should you have any questions or concerns, please call me at (360) 902-7179.
Sincerely,
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Enclosure
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Interagency Agreement Department of General Administration
Date: November 25,2008 Interagency Agreement No: 2009-513
Interagency Agreement Between the
,
Department of General Administration
and
City of Port Angeles
This Agreement, pursuant to Chapter 39.34 RCW, is made and entered into by and between the
Department of General Administration, Division of Facilities, Engineering & Architectural Services,
hereinafter referred to as "GA", and the City of Port Angeles, hereinafter referred to as the "CITY".
The purpose of this Agreement is to establish a vehicle for GA to provide future EnergylUtility
Conservation Project Management and Monitoring Services to the CITY.
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
GA 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, GA shall be
responsible for performing all fiscal and program responsibilities as set forth in Attachment "A"
and Attachment "C". All work shall be authorized by Amendment to this Agreement.
2. Terms and Conditions
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 Performance
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 December 31,2012
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 GA under Attachment "A" of this Agreement, the
CITY will pay GA a Project Management Fee for services based on the total project value per
Project Management Fees Schedule set forth in Attachment "B".
Interagency Agreement No. 2009-513
Page 1 of 4
For Monitoring ServIces provided by GA under Attachment "C" of this Agreement, the CITY will
pay GA a fee annually for the term of this Agreement based on Attachment "D".
Compensation for services provided by the ESCO shall be paid directly to the ESCO by the CITY,
after GA has reviewed, approved and sent the invoices to the CITY for payment.
5. Billing Procedure
GA will invoice for all services within 60 days of the termination of this Agreement. Each invoice
will indicate clearly that it is for the services rendered in performance under this Agreement and
shall reflect the Agreement and Amendment number.
6. Payment Procedure
The CITY shall pay all invoices received from GA within 90 days of receipt of properly executed
invoice vouchers. The CITY shall notify GA in writing if the CITY cannot pay an invoice within
90 days.
7. Non-Discrimination
In the performance of this Agreement, GA 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 794),
and Chapter 49.60 RCW, as now or hereafter amended. GA shall not discriminate on the grounds
of race, color, national origin, sex, religion, marital status, 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 afforded others.
In the event ofGA's non-compliance or refusal to comply with the above provisions, this
Agreement may be rescinded, canceled, or terminated in whole or in part, and GA declared
ineligible for further Agreement with the CITY. GA 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. Records Maintenance
The CITY and GA 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 shall be subject to inspection, review,
or audit by personnel of both parties, other personnel duly authorized by either party, the Office of
the State Auditor, and federal officials so authorized by law. GA will retain all books, records,
documents, and other material relevant to this agreement for five years 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 during this period.
Interagency Agreement No. 2009-513
Page 2 of4
9. Contract Management
a. The CITY Representative on this Agreement shall be:
Larry Dunbar
Deputy Director of Power Systems
Public Works and Utilities Department
City of Port Angeles
PO Box 1150
Port Angeles, W A 98362
Telephone (360) 417-4710
The Representative shall be responsible for working with GA, approving billings and expenses
submitted by GA, and accepting any reports from GA.
b. The GA Project Manager on this Agreement shall be:
Jim Hayes, P .E.
Dept. of General Administration
Division of Facilities
Engineering and Architectural Services
PO Box 41012
Olympia, WA 98504-1012
Telephone (360) 902-7281
Jim Hayes will be the contact person for all communications regarding the conduct of work
under this Agreement.
10. Hold 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 acts and/or
omissions of entities or individuals not a party to this agreement.
11. Agreement Alterations and Amendments
The CITY and GA may mutually amend this Agreement. Such Amendments shall not be binding
unless they are in writing and signed by personnel authorized to bind the CITY and GA or their
respective delegates.
12. Termination
Except as otherwise provided in this Agreement, either party may terminate this Agreement upon
thirty (30) days written notification. If this Agreement is so terminated, the terminating party shall
be liable only for performance in accordance with the terms ofthis Agreement for performance
rendered prior to the effective date of termination.
13. Disputes
Interagency Agreement No. 2009-513
Page 3 of4
If a dispute arises under this Agreement, it shall be determined in the following manner: The CITY
shall appoint a member to the Dispute Board. The Director of GA shall appoint a member to the
Dispute Board. The CITY and GA shall Jointly appoint a thIrd member to the Dispute Board. The
Dispute Board shall evaluate the dispute and make a determination ofthe dispute. The
determination ofthe Dispute Board shall be final and binding on the parties hereto.
14. Order of Precedence
In the event of an inconsistency in this Agreement, unless otherwise provided herein, the
inconsistency shall be resolved by giving precedence in the following order:
a) Applicable Federal and State Statutes and Regulations
b) Terms and Conditions
c) Attachment "A", Project Management Scope of Work; Attachments "B", Project Management
Fees; Attachment "C", Monitoring Services Scope of Work, and Attachment "D", Monitoring
Services Fees and
d) Any other provisions of the Agreement whether incorporated by reference.
15. All Writings Contained Herein
This Agreement contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed
to exist or to bind any of the parties hereto.
AUTHORIZATION TO PROCEED
Agreed to and signed by:
City of Port Angeles
Department of General Administration
Division of Facilities
Engineering & Architectural Services
Mh~~
Signature '
Glenn A Cutler)"? ~ ,
.
Name
__~a- ~ ~- ;/r- (LtJ
Signature ~
Roger Wigfield. P.E.
Name
Energy Program Manager
Title
->I ?r~1 0 l'
Date
Public Works & Utilities
Title Director
2- ~ F='~ IO&j
Date
The Department of General Administration provides equal access for all people without regard to race,
creed, color, religion, national origin, age, gender, sex, marital status, or disability. Contract
information is available in alternative formats. For more information, please call Eddie Miller at (360)
902-7219.
20095131AAern
Interagency Agreement No 2009-513
Page 4 of 4
ATTACHMENT A
Scope of Work
Energy/Utility Conservation Projects
Management Services
Statewide Energy Performance Contracting Program
Master Energy Services Agreement No. 2007-041
GA will provide the following project management services for each specific project for the City
of Port Angeles (the CITY). Each individual project shall be authorized by Amendment to this
Agreement.
1. Assist the CITY in the selection of an Energy Service Company (ESCO) consistent with the
requirements ofRCW 39.35A for local governments; or 39.35C for state agencies and school
districts.
2. Identify potential energy/utility conservation measures and estimated cost savings.
3. Negotiate scope of work and fee for ESCO audit of the facility(s).
4. Identify appropriate project funding sources and assist with obtaining project funding.
5. Review and approve ESCO energy/utility audits and Energy Services Proposals.
6. Assist in negotiating the technical, financial and legal issues associated with the ESCO's
Energy Services Proposal.
7. Provide assistance during the design, construction and commissioning processes.
8. Review and approve the 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. 2009-513
ATTACHMENT B
2007 -09 Interagency Reimbursement Costs
for Project Management Fees to Administer
Energy/Utility Conservation Projects
PROJECT
TOTAL PROJECT VALUE MANAGEMENT FEE TERMINATION
$5,000,000 - or more 1.5% of project cost 0.5% of project cost
Below 5,000,000 $68,800 $25,500
" 4,000,000 64,900 23,600
" 3,000,000 59,900 21,700
" 2,000,000 52,800 19,600
" 1,500,000 47,800 17,150
" 1,000,000 40,800 16,150
" 900,000 38,900 15,000
" 800,000 36,900 13,950
" 700,000 34,600 12,800
" 600,000 31,900 11,500
It 500,000 28,700 10,100
" 400,000 24,800 8,800
" 300,000 19,800 7,300
" 200,000 10,500 4,400
" 100,000 6,500 3,000
" 50,000 4,000 2,000
It 20,000 2,000 1,000
1. These fees cover project management services for energy/utility conservation projects managed
by GA'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 GA.
\
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
$25,500.00 which ever is less. If the CITY 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 CITY's established Cost Effectiveness
Criteria, then there is no cost to the CITY and no further obligation by the CITY.
Interagency Agreement No. 2009-513
ATTACHMENT C
Scope of Work
EnergylUtility Conservation Projects
Monitoring SerVices
Statewide Energy Performance Contracting Program
Master Energy Services Agreement No. 2007-041
If requested GA will provide the following monitoring services for each specific project for the
City of Port Angeles (the CITY).
1. Monitor actual energy use and dollar c9sts, 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 2009-513
ATTACHMENT D
Interagency Reimbursement Costs for
Monitoring EnergylUtility Conservation Projects
Department of General Administration's monitoring fee will be $2,000 annually for each year of
monitoring and verification services.
Interagency Agreement No. 2009-513
INTERAGENCY Amendment Department of General Administration
Date: January 27. 2010
Agreement No: 2009 ERG -513
Project No.: 2009 -269
Amendment No: 1
1. Statement of Work
2. Terms and Conditions
Interagency Agreement Between the
Department of General Administration
And the
City of Port Angeles
Interagency Agreement No. 2010- ERG -513 Page 1 of 2
bj
APR 12 810
c+P
Pua Cafy s7 An €eles
The parties to this Agreement, the Department of General Administration, Facilities Division,
Engineering Architectural Services, hereinafter referred to as "GA and the City of Port
Angeles, hereinafter referred to as the "CITY hereby amend the Agreement as follows:
GA 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, GA shall be responsible for performing all fiscal and program
responsibilities as set forth in Attachment "A -1" and Attachment "C -1
Projects shall be authorized by Amendment to this Agreement.
1.1 City Hall HVAC Controls Upgrades outlined in the McKinstry Essention
Port Angeles City Hall Energy Services Proposal dated January 8, 2010.
Attachment "A -1" Scope of Work Energy/Utility Conservation Projects
Management Services is revised to update the Statewide Energy Performance
Contracting Program Master Energy Services Agreement number from
Agreement No. 2007 -041 to Agreement No. 2009 -151, attached hereto and
incorporated herein by reference.
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.
The CITY shall provide the Energy Service Company (ESCO) with any additional
contract language necessary to comply with federal requirements under the
American Recovery Reinvestment Act of 2009 (ARRA) and the Energy Efficiency
and Conservation Block Grant (EECBG). The ESCO and their subcontractors are
required to comply with all applicable federal regulations and reporting procedures.
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 GA under Attachment "A -1" of this
Agreement, the CITY will pay GA a Project Management Fee for services based on the
total project value per Project Management Fees Schedule set forth in Attachment `B
If monitoring and verification services are requested by the CITY and provided by GA
under Attachment "C -1" of this Agreement, the CITY will pay GA $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 GA has reviewed, approved and sent the invoices to the CITY for
payment.
4.1 Energy Project Management Fee for City Hall HVAC Controls Upgrades is
$24,800.00.
The new total Agreement value is $24,800.00.
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 of Port Angeles
l'(t ct1 1 V&A LVv 2Acs
Title at✓n T1C
2009513IAAam l em
REVIEWED BY GA CFO 1/261W
Interagency Agreement No. 2010 -ERG -513
Department of General Administration
Facilities Division
Engineering &JA�rcchitec Services
5 /i� /4 /2l(} 1g
Roger field,
Energy Program Manager
Title g/6/0 0/0 Date
Page 2 of 2
State of Washington
g enera I Administration
FEB 2 4 2010
Received
Engineering Architechural SVCS
ATTACHMENT A -1
Scope of Work
Energy/Utility Conservation Projects
Management Services
Statewide Energy Performance Contracting Program
Master Energy Services Agreement No. 2009 -151
GA 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 CITY 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. Identify potential energy /utility conservation measures and estimated cost savings.
3. Negotiate scope of work and fee for ESCO audit.of the facility(s).
4. Identify appropriate project funding sources and assist with obtaining project funding.
5. Review and approve ESCO energy /utility audits and Energy Services Proposals.
6. Assist in negotiating the technical, financial and legal issues associated with the ESCO's
Energy Services Proposal.
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. 2009 ERG -513
Interagency Agreement No. 2009 -ERG -513
ATTACHMENT C -1
Scope of Work
Energy/Utility Conservation Projects
Monitoring Services
Statewide Energy Performance Contracting Program
Master Energy Services Agreement No. 2009 -151
If requested GA will provide the following monitoring services for each specific project for the
CITY.
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.
February 19, 2010
Dear Eddie,
WASH I N G T O N, U.S.A.
Public Works Utilities Department
Eddie Miller
Contracts Specialist
Facilities Division
Engineering and Architectural Services
Department of General Administration
PO Box 41012
Olympia, WA 98504 -1012
On behalf of the City of Port Angeles, I am pleased to provide the executed Authorization
No. 2009 -269A (1) Amendment No. 1 for the HVAC and controls upgrades to the City Hall.
All work is per the McKinstry Essention Port Angeles City Hall Building Energy Services
Proposal dated January 8, 2010, with portions revised on February 18, 2010.
The City appreciates that General Administration will allow us to review the detailed
engineering design and become comfortable with the cooling design documents in a timely
fashion before any equipment is ordered and its installation commences.
Based on our understanding, any added requirements not addressed in the current agreement
for our State Department of Commerce Energy Efficiency and Community Block Grant and
its associated ARRA provisions will be addressed with an amendment to the standard ESCO
agreement with your office.
Please feel free to contact me if you have any questions.
Sincerely,
rrY
Glenn A. Cutler, P.E.
Director, Public Works and Utilities
c: Janessa Hurd, City Clerk
Douglas Kilpatrick, P.E., General Administration
Andrew Williamson, McKinstry Essention
Phone. 360- 417 -4800 Fax: 360- 417 -4542
Website: www.cityofpa.us Email: publicworks @cityofpa.us
321 East Fifth Street P.O. Box 1150 Port Angeles, WA 98362 -0217
1. Authorized to Sign Contracts, Amendments and Loan Agreements:
Identifies the person(s) who are authorized to sign contracts, loan agreements, and amendments or modifications
to those documents.
Sigrfi re I Print or Type Name I Title
Organization Name:
City of Port Angeles
Project Name: Contract Number:
City Hall Complex Energy Conservation Improvements
Project
Department of Commerce
906 PO Box 431 7 3 St SW
Olympia, WA 98504 -3173
Innovation is in our nature.
PLEASE SIGN THIS FORM IN INK.
ALL SIGNATURES MUST BE ORIGINALS AND ON ONE PAGE.
REFER TO THE ATTACHED INSTRUCTIONS FOR COMPLETING THIS FORM FOR
SPECIFICS OF IDENTIFYING AUTHORIZED PERSONS.
dizAe!
Signature Authorization
EECBG (Formula) for Smaller Cities and Counties
Commerce Energy Policy Division
Date Submitted:
April 10, 2010
Dan Di Guilio Mayor, City of Port Angeles
2. Authorized to Sign Invoice Vouchers:
Identify the person(s) who are authorized to sign invoice vouchers requesting COMMERCE funds.
If your name anoears in Section 3 do not list your name in this Section 2.
I Signature I Print or Type Name I Title
Glenn E. Cutler, P.E. Public Works and Utilities Director,
City of Port Angeles
3. Authorizing Authorities (TWO SIGNATURES REQUIRED):
Identify the persons who authorized the individuals identified in Sections 1 2 above to sign.
Signar 7_ I Print or Type Name I Title
4D, Di Guilio Mayor, City of Port Angeles
Don Perry
Deputy Mayor, City of Port Angeles
5113z-