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HomeMy WebLinkAboutR-2013-047 Washington State Department of Enterprise Services AgreementRESOLUTION NO. R- 2013 -047 A RESOLUTION authorizing the execution of an Interagency Agreement with Washington State Department of Enterprise Services. WHEREAS, the City of Yakima wishes to upgrade streetlights throughout the City to improve public safety and reduce energy costs, and WHEREAS, the streetlight upgrade project is identified within the City's adopted 2013 business plan, and WHEREAS, the City does not have the resources or expertise to fully manage a project of this scope and technicality; and WHEREAS, under this agreement, the Department of Enterprise Services (DES) will assist the City in selection of an Energy Services Consultant, provide project management and monitoring services. Now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk of the City of Yakima are hereby authorized and directed to execute an agreement with the Washington State Department of Enterprise Services for the purpose mentioned above, a copy of which agreement, entitled "Interagency Agreement,- Department of Enterprise Services Number K1411" is attached hereto and by reference made a part hereof, now, therefore, ADOPTED BY THE CITY COUNCIL this 16th day of April, 2013. ATTEST: ity Clerk rlo.� o� r tin Micah CaAley, Mayor Interagency Agreement Department of Enterprise Services Date: March 21, 2013 Interagency Agreement No: K1411 Interagency Agreement Between the Department of Enterprise Services and City of Yakima 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 Yakima, 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 CITY 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 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. 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. The CITY shall provide the Energy Services Company (ESCO) with any additional contract language necessary to comply with the requirements established under federal grants, 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. Interagency Agreement No. K 1411 Page 1 of 5 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, 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. 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 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 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. 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 will invoice for any remaining services within 60 days of the termination of this Agreement. 6. Payment Procedure The CITY shall pay all invoices received from DES within 90 days of receipt of properly executed invoice vouchers. The CITY shall notify DES in writing if the CITY cannot pay an invoice within 90 days. Interagency Agreement No. K1411 Page 2 of 5 7. Non- Discrimination In the performance of this Agreement, 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 794), and Chapter 49.60 RCW, as now or hereafter amended. DES 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 of DES'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 DES declared ineligible for further Agreement with the CITY., -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. Records Maintenance 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 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. DES will retain all books, records, documents, and other material relevant to this agreement for six 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. 9. Contract Management a. The CITY Representative on this Agreement shall be: Sue Ownby, Purchasing Agent City of Yakima 129 North 2 °d Street Yakima, WA 98901 Telephone (509) 576 -6695 The Representative shall be responsible for working with DES, approving billings and expenses submitted by DES, and accepting any reports from DES. Interagency Agreement No. K 1411 Page 3 of 5 b. The DES Project Manager on this Agreement shall be: Todd Flynn, P.E. Department of Enterprise Services Facilities Division Engineering and Architectural Services PO Box 41476 , Olympia, WA 98504 -1476 Telephone (360) 407 -9375 Todd Flynn 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 DES 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 DES 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 of this Agreement for performance rendered prior to the effective date of termination. 13. Disputes 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 DES 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 determination of the 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: Interagency Agreement No. K 1411 Page 4 of 5 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; and Attachment "C ", Monitoring Services Scope of Work, and d) Any other provisions of the Agreement incorporated by reference. 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 Yakima Title g101r� Date Department of Enterprise Services Facilities Division :E:ngineerin e & Architectural Services Signature Bill Phillips, P.E. Name E &AS Program Manager Title D e The Department of Enterprise Services 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) 407 -9363. K1411CityofYakimaem CITY CONTRAC r N0 :X RESOLUTION N0: Interagency Agreement No. K 1411 Page 5 of 5 ATTACHMENT A Scope of Work Energy /Utility Conservation Projects Management Services Statewide Energy Performance 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 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. 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. K1411 ATTACHMENT B Fee Schedule The project management fee on projects over $6,000,000 is 1.1% of the project cost. The maximum DESAermination 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 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 whichever 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. K1411 Revised 3/12/2012 2011-13 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 ....................... ........ 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 1,000,00 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 ... ............................... 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 DESAermination 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 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 whichever 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. K1411 Revised 3/12/2012 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, 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. K 1411 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENTf Item No. ` For Meeting of: April 16, 2013 ITEM TITLE: Resolution authorizing an Interagency Agreement with Washington State Department of Enterprise Services. DES Agreement No. K1411. SUBMITTED BY: Joseph Rosenlund, Streets & Traffic Operations Manager Sue Ownby, Purchasing Manager CONTACT Susan Knotts, Buyer II PERSON/TELEPHONE: 575 -6095 or Joseph Rosenlund, Streets & Traffic Operations Manager (Project Manager) 576 -6430 SUMMARY EXPLANATION: The City of Yakima included a project to replace approximately 4,000 High Pressure Sodium (HPS) streetlights with Light- Emitting Diodes (LED) fixtures as a high priority in the adopted 2013 Business Plan. The purpose of this project is reduce annual energy and maintenance costs associated with the City's streetlight system. An added benefit to the upgrade project will be improved lighting levels that will add to safety and security of City residents. The City has already replaced over 400 higher wattage streetlights using Federal American Recovery Reinvestment Act (ARRA) grant funds. The purpose for the Interagency Agreement between the City of Yakima and Washington State Department of Enterprise Services (DES) is to obtain expertise and project management resources that the city does not have for such a project. The DES will assist the City in selecting an Energy Service Consultant from their prequalified list of companies. The Energy Services Consultant is needed to conduct an audit of our existing streetlight system, assist the City in selecting the best components for the streetlight upgrades, develop a cost estimate for the project, develop a funding strategy for implementation, and assist in obtaining grants, power company rebates and other outside funding sources. The 2012 power bill for street lighting was about $325,000. Part of the financing strategy will be to use estimated power savings to pay debt service. If so authorized, this agreement also allows DES to assist the City in management of the construction; monitoring of energy savings; and making sure that the City receives the full value of its services from the Energy Services Consultant from project start through to the end of the warranty period. The anticipated cost of the DES agreement is based on the project value (estimated at $2 to $4 million) and is expected to be in range of $56,000 to $64,000 (Attachment B). If the streetlight system audit does not meet established cost effectiveness criteria, there will be no cost or further obligation to the City. Over the life of this project, Council will be asked to authorize transactions at three different times. The first is today's agreement, which engages DES to begin the process. The second will be to select and Energy Services Consultant and contract for the initial energy audit. The third will be to authorize a project, and will include necessary legislation to complete the project and the financing plan. Resolution X Ordinance Other Interagency (specify) Agreement Contract: X Mail to: Todd Flynn, P.E., DES Facilities Div, PO Box 41476, Olympia, WA 98504 -1476 Contract Term: 04/16/13 to Amount: TBD - See Fee Expiration Date: Completion 12/31/17 Schedule Date 12/31/17 Insurance Required? No STAFF RECOMMENDATION: Adopt Resolution. BOARD /COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download ❑ Resolution for DES agreement ❑ DES Interagency Agreement K1411 ENERGY SERVICES AUTHORIZATION NO. 2017-142 A (1) Detailed Investment Grade Energy Audit & Energy Services Proposal City of Yakima December 5, 2016 MASTER ENERGY SERVICES AGREEMENT NO. 2015-181 B (2) The Owner and the Energy Services Company (ESCO) named below do hereby enter into this Authorization under terms described in the following sections: Authorization to Proceed Project Conditions Compensation for Energy Services I. AUTHORIZATION TO PROCEED: Energy Services Company: Ameresco, Inc. 222 Williams Avenue So., Suite 100 Renton, WA 98057 Telephone No. (206) 522-4270 Fax No. (425) 687-3173 E -Mail gthorsland@ameresco.com By Name Title Date Owner: City of Yakima acting through the Department of Enterprise Services Engineering and Architectural Services PO Box 41476 Olympia, WA 98504 By Name Roger Wigfield, P.E., Title Energy Program Manager Date State of Washington Contractor's License No. AMEREI*004PZ State of Washington Revenue Registration No. 602 062 980 Federal Tax Identification No. 04-3512838 MWBE Certification No. II. COMPENSATION FOR ENERGY SERVICES: Basic Services COMPENSATION Energy Audit and Energy Services Proposal $ 11,000.00 Design $ Construction Management $ Overhead and Profit $ Grand Total (plus WSST as applicable) $ 11,000.00 Authorization No. 2017-142 A (1) Page 1 of 2 III. PROJECT CONDITIONS: The Project Conditions contained in the Master Energy Services Agreement will be used unless specifically changed herein. IV. SCOPE OF WORK: Per the fee proposal dated October 25, 2016, conduct a Detailed Investment Grade Energy Audit of City of Yakima, Street Lights, to identify cost effective energy conservation measures and present a written Energy Services Proposal, including all energy audit documentation. The ESCO shall prepare the final Energy Services Proposal, detailing the actual energy services and ESCO equipment to be provided, energy savings and cost guarantees, measurement and verification plans, and commissioning plans for the proposed measures. Measures will include items that save energy, water and other resources. The Cost Effectiveness Criteria for this project shall be as established in the Master Energy Services Agreement or as modified in Section III above. V. SCHEDULE FOR COMPLETION Final completion of the Energy Audit and Energy Services Proposal within 120 calendar days after Authorization to Proceed. 2017142Aagrcr Authorization No. 2017-142 A (1) Page 2 of 2 Zorn -142 AMERESCO Green • Clean • Sustainable 222 Williams Avenue South, Suite 100 Renton, WA 98057 P: 206 522 4270 F: 425 687 3171 ameresco.com 10/25/18 Department of Energy Services 1500 Jefferson Street SE PO Box 41012 Olympia, WA 98504-1012 SUBJECT: Energy Audit Fee Proposal City of Yakima — Street Lighting Dear Steve: We are pleased to submit this proposal for the audit phase of the City of Yakima Energy Efficiency Upgrades. The City of Yakima has identified city-wide street lighting as the scope for the audit. Ameresco will provide engineering services for the subject project in accordance with the following: A) Streets Department: Convert approximately 3500 city owned HID fixtures to LED. Engineering Services A. Audit Phase Services will include: Ameresco will undertake an Energy Audit of the street lighting. The Energy Audit will identify cost effective Energy Conservation Measures (ECM's). Ameresco will present to the Owner a written Energy Services Proposal, including the Energy Audit Documentation. The Energy Services Proposal will set forth at least the following: 1. A description of the systems which will receive ESCO Equipment and ESCO Services; 2. The Cost Effective ECM's to be installed or caused to be installed by the ESCO and a description of the ECM's analyzed but disqualified under the cost effectiveness criteria; 3. The services that the ESCO will perform, including but not limited to engineering, construction management, the operations and maintenance procedures for use on ESCO Equipment, training for Operations personnel, providing warranty service, and equipment maintenance; 4. The Maximum Allowable Project Cost, itemized in detail; 5. Recommendations for replacement of Existing Equipment, along with recommendations for improvements to Existing Equipment and Operating Conditions; 6. The standards of lighting performance appropriate for the lighting systems; 7. The Baseline Energy Consumption, including the data, methodology and variables used to compute the Baseline, and the Baseline calendar period which will not be less than twelve (12) months; City of Yakima ESCO Page 2 of 3 8. The estimated Energy Savings and Energy Cost Savings that are expected to result from the installation of the ESCO Equipment and from the ESCO Service, and an explanation of the method used to make the estimate; 9. The method by which Energy Savings and Energy Cost Savings will be calculated during the term of the Energy Services Agreement; 10. A description of how the ESCO will finance its acquisition of the ESCO Equipment and when title to the ESCO Equipment will pass to the Owner; 11. A description of how the Energy Cost Savings will be guaranteed by the ESCO; 12. A description of how the ESCO proposes to be compensated; 13. The term of the Energy Services Agreement; 14. The schedule for project completion. 15. Determine pole spacing, and classify fixtures by average space to next fixture and roadway classification. This will enable a more custom fixture selectin based on actual light level needs at each location. Conservation measures will include items that save energy or other resources (including various cost savings measures). The Energy Audit will provide detailed documentation of fieldwork for the audit, calculation input and output in support of the recommendations made in the Energy Services Proposal, economic and engineering assumptions, sketches, plans and any other information developed in the course of the Audit. Cost Effectiveness Criteria The project shall achieve positive cashflow after debt service through utility cost savings and incentives, assuming a fifteen year loan. • If Ameresco is NOT able to develop a project that meets the above cost effectiveness criteria, the associated audit fee will be waived. • If Ameresco develops a project that meets the cost effectiveness criteria, the client is responsible for the full amount of the audit; the audit fee can either be rolled into the construction contract or be paid in full by the client. Fee for Engineering Services: A. Basis and amount: Energy Audit: 88hr x 125/hr = $11,000 It is understood by Ameresco that payment and terms are contingent upon the requirements set forth in the Energy Services Proposal. Schedule for Engineering Services: Ameresco shall complete the audit within 60 days of NTP. We at Ameresco appreciate the opportunity to provide these services. If this proposal for Audit Services is satisfactory, please forward contract documents. Sincerely, Ameresco, Inc. City of Yakima ESCO Page 3 of 3 STATE OF WASHINGTON DEPARTMENT OF ENTERPRISE SERVICES 1500 Jefferson St. SE, Olympia, WA 98501 PO Box 41476, Olympia, WA 98504-1476 December 5, 2016 TO: Joseph Rosenlund, City of Yakima FROM: Cathy Roberts, Contracts Specialist, (360) 407-8270 RE: Agreement No. 2017-142 A (1) Detailed Investment Grade Energy Audit & ESP 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 $ 11,000.00 TOTAL $ 11,000.00 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. By Name ((7 /4 /Le P/ 0.6 itle Date Please sign and return this form to E&AS. If you have any questions, please call me. 20171452Aagrfndcr CITY CONTRACT NO: 10/(O -0238 RESOLUTION NO: n7h. R.- 20/3-1..)q7