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Home My WebLink AboutPW15-227 - Amendment - #1 - WA State Department of Commerce - 2013-2015 Energy Efficiency & Solar Grant - 07/1/2013 INTERAGENCY Amendment Department of Enterprise Services Date: January 13, 2015 Agreement No: K2971 ProjectNo.: 2015-062 G(1-1) Amendment No: 1 Interagency Agreement Between the State of Washington Department of Enterprise Services and City of Kent The parties to this Agreement, the Department of Enterprise Services,Facilities Division, Engineering&Architectural Services, hereinafter referred to as "DES", and City of Kent, 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" 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 City of Kent Street Lighting Upgrades outlined in the Ameresco Energy Services Proposal dated January 8,2015. 3. Period of Performance Subject to its other provisions,the period of performance of this Agreement shall commence on September 3, 2014, and be completed on December 31,2018 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' 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". Interagency Agreement No.K2971 Page 1 of 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". 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" 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 the work described in Section 1.1 is $60,000.00.Anticipated billing date for this Amendment is January 31, 2016. The new total Agreement value is $60,000.00. All sections above have been frilly 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 Kent Department of Enterprise Services F Facilitig�Division Enon°l�ring & Architectural Services r / William J. Frare,P.E. 4_. ,/AVL ° . -V' / r' S Public Works Administrator Title Date Title Date K2971IAAamd1ko Interagency Agreement No.Ik2971 Page 2 of 2 ATTACHMENT A 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. ene InteraB Y Agreement eement No.I{2971 ATTACHMENT B Fee Schedule 2013-15 Interagency Reimbursement Costs for Project Management Fees to Administer Energy/Utility Conservation Projects PROJECT TOTAL PROJECT VALUE MANAGEMENT FEE TERIMINATION 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 3,000,0W.................................. 60,000................................ 23,400 1,500,001 .......2,000,000-................................. 56,000................................ 21,800 1,000,001.......1,500,000 1,500,0W.................................. 49,500................................ 1%300 900,001...... 1,000,000................................... 42,000................................ 16,400 900,001.........900,000.............................I..... 39,600................................ 15,400 700,001.........800,000................................... 36,800................................ 14,400 600,001.........700,000................................... 35,000................................ 13,700 500,001.........600,000................................... 32,400................................ 12,600 400,001.........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. 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.K2971 Rev.3/12/2012 i i ATTACHMENT C 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.K2971