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PRHSPSC PKT 12-14-2010City of Federal Way City Council Parks, Recreation, Human Services & Public Safety C December 14, 2010 5:30 p.m. Hylebos Cc MEETING AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMISSION COMMENTS 4. COMMITTEE BUSINESS Topic Title/ Description A. Approval of Minutes: November 9, 2010 B. Energy Efficiency Project — City Hall C. 800MHz Radio Update D. Dry Cleaning Contract between Empire Cleaners Inc., DBA John's Cleaners and the City of Federal Way, Washington for the Police Department Uniform Dry Cleaning Services. Wilson 75 Action Consent 12/21/10 5. PENDING ITEMS Festivals NLC Providing Discount Pharmacy Services to Citizens • Concept of Housing in South King County • Severe Weather Warming Center for Federal Way 6. NEXT MEETING: Tuesday, January 11, 2011 5:30pm — Hylebos Conference Room 7. ADJOURNMENT Committee Members City Staff Jeanne Burbidge, Chair Cary M Roe, P. E,, Director of Parks, Public Works and Emergency Management Roger Freeman Mary Jaenicke, Administrative Assistant II Mike Park Action Council Date Presenter Page or Info 3 Action N/A Ikerd 7 Action Consent 12/21/10 Wilson 71 Discussion N/A Wilson 75 Action Consent 12/21/10 5. PENDING ITEMS Festivals NLC Providing Discount Pharmacy Services to Citizens • Concept of Housing in South King County • Severe Weather Warming Center for Federal Way 6. NEXT MEETING: Tuesday, January 11, 2011 5:30pm — Hylebos Conference Room 7. ADJOURNMENT Committee Members City Staff Jeanne Burbidge, Chair Cary M Roe, P. E,, Director of Parks, Public Works and Emergency Management Roger Freeman Mary Jaenicke, Administrative Assistant II Mike Park City of Federal Way City Council PARKS, RECREATION, HUMAN SERV ICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, November 9, 2010 5:30 p.m. SUMMARY Committee Members in Attendance: Committee Chair Jeanne Burbidge, Councilmember Michael Park, and Councilmember Roger Freeman Staff Members in Attendance: Brian Wilson, City Manager/Police Chief, Amy Jo Pearsall, City Attorney, Steve Neal Acting Assistant Chief of Police, Lt. Stan McCall, Commander Chris Norman, Steve Ikerd Parks & Facilities, Doug Nelson Community Center Supervisor, Craig Feldman, Aquatics Supervisor, and Mary Jaenicke, Administrative Assistant II. Guest: None Chair Burbidge called the meeting to order at 5:37p.m. Public Comment: None Commission Comments: Parks & Recreation Chair Fred Konkell asked that the Committee approve the new playground equipment for Lake Grove and Dashpoint Highlands Park, and that they approve the Park Donation and Memorial program. APPROVAL OF SUMMARY Councilmember Park moved to approve the October meeting summary. Councilmember Freeman seconded. Motion passed. BUSINESS ITEMS Community Center Pool Chemical Contract Community Center Aquatics Coordinator Craig Feldman presented the background information. Bids were sent out to four companies and three bids were received. The lowest bid was from ORCA Pacific Inc. This is the same vendor that has provided pool chemicals since the Federal Way Community Center opened. The amount of the contract is $42,000.00. There is no increase in the cost of the chemicals. If pool usage increases then the amount of the chemicals needed would increase. Councilmember Park moved to forward the 2011 Community Center Pool Chemical Goods and Services Agreement with ORCA Pacific, Inc. to the November 16, 2010 City Council Consent Agenda for approval. Councilmember Freeman seconded. Motion passed. Playground Replacement for Dash Point Highlands and Lake Grove Park Parks & Facilities Manager Steve Ikerd stated that they are working through the King County Directors Association (KCDA). They are a large purchasing group that pre -bids equipment. Four companies were asked to design play structures for the two parks. Sitelines Park & Playground Products was selected for Dash Point Highlands Park and Allplay system was selected for Lake Grove Park. The total amount of the contract will not exceed $153,887.65. The funding will come out of the CIP account for Playground Replacement and Upgrades. Council member Freeman moved to forward option 1 to recommend approval to purchase a new playground system from Sitelines Park & Playground Products for Dash Point Highlands Park ($77,818.09) and Allplay Systems for Lake Grove Park ($68,569.56) and authorize the City Manager to purchase through KCDA for the supply and installation of these playgrounds. An additional estimated $7,500 will be needed to install a cement border around the Dash Point Highlands playground so the grand total expenditure for both systems is not to exceed $153,887.65 to full council on November 16, 2010 City Council Consent Agenda for approval. Councilmember Park seconded. Motion passed. Park Donation and Memorial Program Mr. Ikerd presented the background information. The Parks Department receives many requests from people wanting to donate items such as trees and park benches. A policy has never been written on how to answer these requests. Mr. Ikerd reviewed some of the highlights of the policy with the committee. All costs associated with the PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday November 9, 2010 Summary Page 2 donation will need to be covered by the donator. Councilmember Park asked if the donations were tax deductible, Mr. Ikerd answered that yes they were. A price list will be created. Councilmember Park moved to forward the Park Donation & Memorial program to the November 16, 2010 Council meeting and adopt this new program by Resolution. Councilmember Freeman seconded. Motion passed. Services Agreement for The Commons at Federal Way Police Services Lt. McCall stated that this is an ongoing contract with The Commons. The contract is the same as last year, and the compensation has not changed. No discussion was held. Councilmember Freeman moved to forward the proposed Agreement to the November 16, 2010 consent agenda for approval. Councilmember Park seconded. Motion passed. Accept COPS GRANT that was submitted for application June 16, 2010 in order to fund four police officer positions for a period of three years Acting Assistant Police Chief Neal presented the background information. He stated that the City applied for this grant in 2009 and was not awarded the grant. Because of the economy, the grant was put back out with new stipulations and was sent to the cities that did not receive the grant in 2009. This grant will fund four (4) police officers for three (3) years. After those three years, the City must keep the officers for an additional year. The amount of the grant is $1,036,296.00. This grant will allow us to retain the officers that we currently have. Councilmember Freeman moved to forward the proposed agreement to the November 16, 2010 Council Agenda for approval. Councilmember Park seconded. Motion passed. 2010FV Ballistic Vest Partnership Grant Acting Assistant Police Chief Neal reported that the life expectancy of a ballistic vest is five years, and they must be replaced after that. This is a yearly grant with matching funds. The grant amount is $15,164.57. The matching funds will come from the 2010 police salary savings. Councilmember Park moved to forward the proposed Agreement to the November 16, 2010 Council consent agenda for approval. Councilmember Freeman seconded. Motion passed. Amendment to the Interlocal Agreement between the City of Enumclaw, Washington and the City Of Federal Way, Washington for the Housing of a minimum of Five (5) inmates in the Enumclaw City Jail Commander McCall stated that the City Of Federal Way currently has an Interlocal Agreement with the City of Enumclaw. They would like to amend the contract to increase the minimum of beds from zero to five. The City of Enumclaw currently charges $55 per inmate per day, and will increase their rate to $65 per day starting in January. The agreement with the City of Yakima will not be renewed because they are raising their price to $100 per inmate per day. Councilmember Freeman moved to forward the amended Interlocal Cooperative Agreement between the City Of Federal Way and the City of Enumclaw for the housing of a minimum of five (5) inmates in the Enumclaw jail to the November 16`h City Council consent agenda for approval. Councilmember Park seconded. Motion passed. Secure Our Schools (S)S) Grant Program Award Commander Chris Norman stated that this was a grass roots effort by a School Resource Officer (SRO) to upgrade the existing school radio system. This would be a benefit to the Federal Way School District (FWSD), the Greater Federal Way EOC (GFWEOC), and the Federal Way Police Department (FWPD). This is a matching funds grant. The city's portion would be $28,000, which would be divided three ways between the GFWEOC, FWSD and FWPD. Each organization would pay $9,600. Councilmember Park moved to forward the proposed acceptance of the grant award to the November 16, 2010 consent agenda for approval. Washington Traffic Safety Commission (WTSC) Grant for 2010/2011 Information only Commander Chris Norman stated that this grant funding would be for the Police Department to conduct overtime emphasis patrol on speeding, DUI and seatbelt enforcement. This will provide for additional patrols during events PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday November 9, 2010 Summary Page 3 such as Holidays, St. Patricks Day, end of the school year and Labor Day. The total amount of the grant is $9,000. There are no matching funds for this grant. Other None NEXT MEETING December 14, 2010 5:30 p.m. in the Hylebos Conference Room ADJOURNMENT Meeting adjourned at 6:18 p.m. COUNCIL MEETING DATE: December 21, 2010 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ENERGY EFFICIENCY PROJECT—CITY HALL POLICY QUESTION: Should a performance based Installation & Service Agreement be awarded to MacDonald -Miller Facilities Solutions to provide an energy performance project at City Hall and also accept an associated Puget Sound Energy (PSE) Conservation Grant Agreement? COMMITTEE: PRHSPS MEETING -,DATE: Dec, 44, 2010 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephen Ikerd, Parks & Facilities Manager DEPT: PRCS ...._-._.. ........ ........... .. - Attachments: Staff Memo and copy of Agreements Options Considered: #1- Approval to award an Installation & Service Agreement with MacDonald -Miller Facilities Solutions in the amount of $607,842.00 and also accept an associated $42,106.00 Conservation Grant Agreement from PSE and authorize the Mayor to sign said agreements. #2- Do not award an Installation & Service Agreement with MacDonald -Miller Facilities Solutions or accept a Conservation Grant Agreement from PSE and give staff direction. __.. MAYOR'S RECOMMENDATION: Approval of option #1; to award an Installation & Service Agreement with MacDonald -Miller Facilities Solutions in the amount of $607,842.00 and also accept an associated $42,106.00 Conservation Grant from PSE and authorize the Mayor to sign said agreements. MAYOR APPROVAL: DIRECTOR APPROVAL: mmittee Council Committee Council COMMITTEE RECOMMENDATION: I move to forward the proposed $607,842. 00 Installation & Service Agreement with MacDonald -Miller Facilities Solutions and also accept a $42,106.00 Conservation Grant Agreement from PSE to the full Council Dec 21, 2010 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Installation & Service Agreement with MacDonald - Miller Facilities Solutions effective Dec 27, 2010 through Dec 31, 2015 with a total compensation of $607,842. 00 and also accept an associated $42,106.00 Conservation Grant Agreement from PSE and authorize the Mayor to sign said agreements. " Date: To: From: Via: Subject: CITY OF ' % Federal Way Parks and Facilities Division December 14, 2010 PRHSPS Council Committee Stephen Ikerd, Parks & Facilities Manager Mayor Skip Priest Energy Improvement Project — City Hall Background: The Paragon building, now known as City Hall was constructed in 1994. The City purchased and has occupied the building since 2004. The existing HVAC equipment has - reached its expected life span. Multiple HVAC system components, including the two, largest roof top units need replacement or face continual and costly repairs without guarantees of extended equipment life. The City has received a Federal American Reinvestment and Recovery Act Grant (ARRA) of $777,700.00 with $415,147.00 specially targeted for this proposed energy conservation improvement at City Hall. This amount will be allocated to the City Hall HVAC retrofit. In addition to the ARRA funding, staff and the selected Energy Services Contractor have secured a $42,106.energy conservation graht from Puget Sound Energy to assist in funding the project. Council Resolution 10-581 authorized staff to use the process outlined in Chapter 39.35A RCW to advertise, select and negotiate a performance-based contract with an Energy Services Contractor for the City Hall HVAC project. MacDonald -Miller Facilities Solutions was selected after a thorough evaluation process. Action: MacDonald—Miller will guarantee energy cost savings of $30,000 annually over a 5 -year period, for a grand total of $150,000. Therminimum guaranteed cost savings will pay for the required annual preventative maintenance program and still net the City $14,352.00 over 5 years. Annual savings in excess of $30,000 will be shared between the City and MacDonald -Miller on a 50-50 basis. The scope of the agreement with MacDonald -Miller includes: • Replacement of 3 existing HVAC roof top units with new energy efficient units. • Addition of 1 new HVAC rooftop unit • New direct digital controls and software • Parts and labor warranty of all existing HVAC system equipment. This eliminates potential of further expenses to repair/replace existing equipment over the next 5 years • Staff training and systems monitoring to optimize system performance Recommendation: Staff recommends awarding a performance based Installation and Services Agreement with MacDonald -Miller Facility Solutions in the amount of $607,842.00 and also accept an associated $42,106.00 Conservation Grant Agreement from PSE and authorize the Mayor to sign said agreements. Financial ARRA Grant* PSE Conservation Grant** Total Grant Funding Installed equipment and Labor cost 5 -year Preventative Maintenance Agreement cost. Total 5 -year expenditure Total 5 -year Project Cost Minimum Total Energy Cost Savings (guaranteed $30;000 annual x 5 years) Total 5 -Year Net savings $432,086.00 42. 106.00 $472,194.00 $429,674.00 178,168.00 -Paid on annual basis $607,842.00 ($135,648.00) $150,000.00 $14,352.00 * ARRA Grant portion for this proposed agreement with MacDonald -Miller has already been accepted by City Council and is currently allocated in the 505 Fund (City Hall Buildings & Furnishings) ** PSE Conservation Grant to be finalized following system install and PSE verification. The $42,106 will be paid out of the 505 Building Replacement Reserves Fund and replaced when the grant is met and reimbursement payment to the City received. ***Does not included energy cost savings in EXCESS of $30,000 annual OR avoided equipment repair/replacement costs CC — Cary Roe; P.E., Parks & Public Works Director/ Emergency Manager MacDonald -Miller FACILITY SOLUTIONS ENERGY EFFICIENCY EQUIPMENT INSTALLATION SERVICES AGREEMENT By and between MacDonald -Miller Facility Solutions and City of Federal Way November 30, 2010 ENERGY EFFICIENCY EQUIPMENT INSTALLATION AND SERVICES AGREEMENT This Energy Efficiency Equipment Installation and Services Agreement with Exhibits ("Agreement") is made this 30`h day of November, 2010 by and between MacDonald -Miller Facility Solutions, a Washington company with its principal place of business located at 7717 Detroit Ave SW, Seattle, WA 98106 ("Contractor") and City of Federal Way, a Washington municipal corporation with its principal place of business at 33325 8th Avenue South, Federal Way, WA 98101 ("Customer"). 1. Equipment. Contractor shall design, engineer, procure, and install; at its own expense, the energy efficiency equipment ("Equipment") as described and specified in Exhibit A. Equipment shall be installed in Customer's facilities specified in Exhibit B (the "Facilities") and at those locations in the Facilities as indicated in Exhibit A. Upon the successful delivery and installation of the Equipment, Customer shall execute and deliver to Contractor an Equipment Acceptance Certificate ("Acceptance Certificate") in the form attached as Exhibit C. 2. Utility Incentives. Contractor shall complete and manage the application for all utility incentives. (rebates and grants) on behalf of Customer. All utility incentives will be assigned to Contractor by Customer and deducted by Contractor from final payment by Customer. Customer agrees to fully cooperate, assist and execute all documents reasonably required to apply for, obtain, and assure assignment of the utility incentives. 3. Energy Cost Savings Methodology. Annual energy cost savings ("Annual Savings") shall be calculated based on avoided costs as defined in the Energy Savings and Reporting Methodology attached as Exhibit D. 4. ARRA Compliance Reporting. Contractor shall provide to Customer the required American Recovery and Reinestment Act ("ARRA") reports and compliance documentation in a timely manner. 5. Customer Payment Obligations. Upon execution of the Acceptance Certificate, Customer agrees to pay Contractor in full for the Equipment and all installation costs ("Project Costs"). Customer agrees to pay Contractor for on-going Preventive Maintenance & Energy Management Services ("Services") as defined in Exhibit E and priced per Exhibit G, Pricing & Financial Analysis, Line 30. 6. Contractor Obligations at Acceptance. Upon execution of the.Acceptance Certificate, Contractor will provide mechanical system preventive maintenance and guarantee the energy savings per the Preventive Maintenance & Energy Management Agreement attached as Exhibit E. 7. Equipment Operation. Customer agrees to operate the Equipment at its own expense. All damage to the Equipment in Customer's possession or control will be charged to and paid by Customer. 8. Equipment Installation. Contractor shall be responsible for, and Customer shall use its best efforts to assist Contractor in, obtaining all necessary permits and approvals for installation of the Equipment. Contractor shall coordinate the installation with Customer so as to minimize any disruption of Customer's operations. Contractor will not, however, be responsible or liable for any disruption to Customer's operations. Customer shall not alter, move, add to, or modify the Equipment without the prior written consent of Contractor. Any material, unapproved alterations, additions, and/or modifications to the Equipment will void the Energy Savings Guarantee. Any unforeseen site conditions shall be managed via a change order to this Agreement. Contractor shall present to Customer a Notice of Completion requesting Customer's execution of the Acceptance Certificate, and Customer shall respond within 10 days by providing to Contractor either (a) an executed Acceptance Certificate or (b) a punchlist of items required for completion of the Equipment Energy Efficiency Equipment Installation & Services Agreement Page 1 of 7 installation, which punchlist shall indicate Customer's acceptance of items not included on the punchlist. Following Contractor's completion of the punchlist items, a second Notice of Completion will be issued by Contractor, and this process will be repeated until Customer accepts the complete installation of the Equipment. Failure of Customer to respond during this process within the 10 -day deadline shall constitute acceptance by Customer. Exhibit A provides a scope of work narrative for the Equipment to be installed. Prior to beginning the installation, Contractor will provide a milestone schedule for Customer's review. Contractor will provide to Customer interim construction progress reports as construction milestones are achieved. Contractor shall have no responsibility and shall bear no cost regarding hazardous materials found in the Facilities during performance of its work. Customer shall defend, indemnify and hold Contractor harmless regarding any hazardous materials discovered at the facilities. Contractor will, at Customer's request, and acting solely as Customer's agent, assist in arranging for proper disposal of the hazardous materials on behalf of Customer, and all costs of such disposal, including Contractor's reasonable handling fees, will be paid for by Customer. In handling any of Customer's hazardous materials and/or .assisting in arranging for disposal of such materials, Contractor shall not take title to such materials and Customer shall sign any hazardous materials shipping manifests. 9. Access. Customer shall provide mutually satisfactory rent-free space for the installation and operation of the Equipment in the Facilities. Customer shall provide free and full access to the Facilities to Contractor and its subcontractors and agents during normal business hours and other reasonable hours as required to install, inspect, adjust, repair, maintain, and, in event of default as defined in Section 12, below, repossess the Equipment. 10. Term and Termination. The Term of this Agreement shall begin with the mutual execution hereof and shall terminate upon payment of all Project Costs by Customer to Contractor. This Agreement is non -cancelable by the Customer, except that the Customer may terminate this Agreement anytime upon payment of all Project Costs by Customer to Contractor. If Customer elects to terminate this Agreement prior to the execution of an Acceptance Certificate, Customer shall be entitled to the Equipment AS IS, WHEREAS, WITHOUT ANY EXPRESSED OR IMPLIED WARRANTIES, AND CONTRACTOR SPECIFICALLY DISCLAIMS ANY GUARANTEE OF ENERGY SAVINGS. Customer's obligations under this Agreement are not contingent upon continued operations of the Facilities and shall continue in full force and effect despite the closing or future disposition of the Facilities. Customer's obligation under this Agreement is absolute and unconditional and shall continue without any claim, defense, setoff, counterclaim, reduction, or abatement of any kind whatsoever and regardless of any disability or prevention of Customer to use the Equipment or any part thereof because of any reason whatsoever. 11. Ownership of the Equipment and the Facilities. Customer shall own the Equipment. The Equipment is, and shall at all times during the term of this Agreement, remain the personal property of Customer. Customer warrants and represents that Customer owns the Facilities. Customer shall notify Contractor one hundred twenty (120) days prior to the sale of the Facilities to a third party and, in the event of such a sale, Customer shall, at Contractor's option, either (a) cause the buyer of the Facilities to assume all Customer's obligations for the remaining term hereunder or (b) pay to Contractor moneys due for all Project Costs. 12. Insurance and Loss or Damage to the Equipment. At all times during the term of this Agreement, Customer shall, at its own expense, for the mutual benefit of customer and contractor, obtain and maintain in force from insurance companies reasonably satisfactory to customer (a) commercial general liability insurance in an amount not less than $1,000,000 per occurrence and $2,000,000 general aggregate, and (b) a policy or policies of insurance covering the equipment in an amount equal to the Energy Efficiency Equipment Installation & Services Agreement Page 2 of 7 full replacement cost of thereof, providing protection against any peril generally included in the classification "All Risks Coverage", which may include insurance against sprinkler damage, vandalism, malicious mischief and earthquake. Customer shall provide Contractor with a certificate of insurance evidencing coverage including all relevant endorsements. Customer bears the entire risk of loss or damage to the Equipment, regardless how arising, and Customer shall be fully liable for payment of any deductible payments due under insurance policies maintained pursuant to this Section 11. Customer shall immediately notify Contractor of the occurrence of any loss of or damage to the Equipment. In the event of loss or damage to the Equipment, Customer shall: (a) continue to make Payments; and (b) Customer will, at Customer's option, either (i) replace, at the Customer's sole expense and utilizing the proceeds of any insurance claims associated with such Equipment loss or damage, the damaged Equipment with equipment of equal value and energy efficiency as the Equipment, whereupon such replacement equipment shall be substituted in this Agreement by appropriate endorsement and become a part of the Equipment for the purposes of this Agreement or (ii) pay to Contractor the amount of the full Project Cost. 13. Default and Remedies Upon Default. Each of the following events or conditions shall constitute an "Event of Default" by Customer: (a) Customer's failure to make any payment(s) to Contractor within fifteen days after notice of past due payment; (b) When any representation or warranty furnished by Customer in this Agreement proves to be a misrepresentation or is purposefully misleading in any material respect when made; (c) The institution of any proceeding of bankruptcy or insolvency by or against Customer, appointment of a trustee or receiver for Customer or similar proceedings, or the filing of any execution proceedings against assets of the Customer; or (d) Customer otherwise defaults on any covenant of this Agreement to be performed by Customer within 30 days notice after notice of such default. In an Event of Default by Customer, Contractor shall have the right to (a) terminate this Agreement and receive from Customer, and Customer shall be liable to the Contractor for, the full Project Costs, plus all reasonable costs of collection, including but not limited to attorney's fees and court costs, (b) repossess the Equipment, in which case Customer shall provide access to the Facilities during normal business hours for this purpose, and (c) pursue any other remedy at law or equity that Contractor may have at its option. 14. Taxes and Fees. Customer shall be responsible for payment of all federal, state and local taxes, permits and other charges of any kind that are at any time lawfully assessed or levied against or with respect to the Equipment that become due during the Term of this Agreement, shall provide Contractor evidence of any such payments, and shall reimburse Contractor for the same, if Contractor makes such payments during the Term of this Agreement, within fifteen days after Contractor presents to Customer a receipt evidencing such payment. 15. Assignment. Contractor may assign all or any part of its rights herein to any party with notice to and prior consent of Customer. Customer agrees that Contractor's assignee will have the same rights, remedies, and responsibilities that Contractor bow has, and Customer agrees that its obligations are in no way altered or relieved by any such assignment. All payments made by Customer to Contractor's assignee shall to the extent thereof discharge the obligations of Customer to Contractor hereunder. Customer agrees to cooperate with Contractor (a) by providing during the term of this Agreement such financial information concerning Customer as reasonably required by Contractor and its assignee(s) to Energy Efficiency Equipment Installation & Services Agreement Page 3 of 7 assess the financial condition of Customer and its ability to fulfill its obligations hereunder and (b) in executing such instruments that may reasonably be required for purposes of financing and/or effecting an assignment(s). Any assignee of Contractor's rights may reassign such rights with the same effect as the original assignment. In the event that Contractor ceases business operations, for whatever reasons, Customer agrees to fulfill all its obligations hereunder for the benefit of, including making all payments due hereunder to, Contractor's assignee(s). Customer agrees not to transfer, sell, sublease, assign, pledge, or encumber the Equipment or any rights under this Agreement without prior written consent of Contractor. 16. Representation and Warranties. Each party represents and warrants to the other that: (a) it has all requisite power, authority, licenses, permits, and franchises, corporate or otherwise, to execute this Agreement and perform its obligations hereunder; and, (b) this Agreement has been duly executed and delivered for it by the signatories so authorized, as evidenced by the Corporate Resolution attached hereto as Exhibit H, and this Agreement constitutes Customer's legally valid and binding obligation. EXCEPT AS EXPRESSLY STATED HEREIN, CONTRACTOR DISCLAIMS ALL OTHER WARRANTIES INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 17. Notices. All notices, requests, demands, claims, and other communications shall be in writing, shall be delivered in person or by mail (first class postage pre -paid), overnight delivery service, fax transmission, or receipt -confirmed email and shall be deemed given when delivered in person or, if not delivered in person, when received (or delivery is refused) by the party to whom such notice, request, demand, claim, or other communication is directed, at the following address, email, or fax number (0r at such other address or number as a party shall designate by written notice to the other party): If to Contractor: MacDonald -Miller Facility Solutions 7717 Detroit Avenue SW Seattle, WA 98106 attn: Stephen Wilson fax: (206) 768-4051 email: stephen.wilson@macmiller.com With a copy to: MacDonald -Miller Facility Solutions attn: Bob Lyden fax: (206) 768-3995 email: bob.lyden@macmiller.com If to Customer: City of Federal Way 333258 th Avenue South Federal Way, WA 98101 attn: Stevelkerd fax: (253) 835-6911 email: steve.ikerd@cityoffederalway.com Each party shall have the right, from time to time, to designate a different address by written notice given in conformity with this Section. 18. Indemnification. The Contractor agrees to release, indemnify, defend, and hold the Customer, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties Energy Efficiency Equipment Installation & Services Agreement Page 4 of 7 expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives; arising from, resulting from, or in connection with this Agreement or the acts, errors or omissions of the Contractor in performance of this Agreement, except for that portion of the claims caused by the Customer's negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the Customer, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub -contractor shall agree to defend and indemnify the Customer, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The Customer's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 19. Miscellaneous. 19.1 Dispute Resolution and Governing Law. In the event a dispute arises under this Agreement, the Parties agree first to try and resolve the dispute between themselves. If they are unable to do so, the Parties agree to submit the dispute to non-binding mediation with a mediator acceptable to both Parties. If the Parties still are unable to resolve the dispute, it shall be finally settled under the Construction Industry Arbitration Rules of the American Arbitration Association ("AAA") by one arbitrator acceptable to both Parties. If the Parties cannot agree on an arbitrator, then one will be appointed in accordance with said Rules with the location of the arbitration hearing in Seattle, Washington. In the event arbitration is necessary to resolve a dispute, in addition to any direct damages, the prevailing party, as determined by the Arbitrator, shall be entitled to recover its reasonable attorneys' fees, costs and AAA costs from the other party. This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington, without giving effect to its laws on conflicts of law. 19.2 Amendments. This Agreement may not be amended except by the mutual written agreement of the Parties. 19.3 Counterparts and Facsimile. This Agreement may be executed simultaneously in counterparts, each of which shall be an original, but all of which together shall constitute one and the same instrument. Fax or PDF transmission of any signed original document, and retransmission of any signed fax or PDF transmission, shall be the same as transmission of an original. A Party will confirm signatures transmitted by facsimile or email by signing an original document upon the request of the other Party. 19.4 Severability. If any provision of this Agreement or the application thereof to any Person or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law. 19.5 Complete Agreement. This Agreement constitutes the complete and exclusive statement of the agreement between the Customer and Contractor and supersedes all proposals, oral or written, and all other communications between Customer and Contractor relating to the subject matter of this Agreement. Customer acknowledges and agrees that in entering into this Agreement, Customer is not relying upon any prior or contemporaneous agreements, representations, understandings or promises, oral and/or written, made by Contractor. Energy Efficiency Equipment Installation & Services Agreement Page 5 of 7 19.6 Information Provided to Customer. In the event the Contractor has provided Customer with technical data, drawings, specifications, energy savings and report information or other information relating to the Work herein, all such information shall remain confidential to the extent allowed by law, in addition to the terms of this Agreement, and Customer agrees that such information may not be used on any other Project without the express written consent of Contractor. 19.7 Accident Notification. Customer agrees to immediately notify Contractor of any accidents or injuries involving the Equipment as soon as possible after any such occurrence during and throughout the term of this Agreement. 19.8 Limitations. Notwithstanding any other provisions of this Agreement, Contractor is not liable for any loss, damages or injuries arising from, or in connection with, this Agreement to any persons or property except to the extent caused by the negligence of Contractor. It is specifically agreed that Contractor is not liable for any loss or damage arising out of any one or more of the following: (a) unauthorized alteration or modification of the Equipment by Customer or any third party (b) overloading or inappropriate use of the Equipment by Customer or third parties; (c) damage to the Equipment by Customer or any third parties; or (d) acts of God, strikes, labor disputes or any other cause beyond the control of Contractor. IN WITNESS WHEREOF, and intending to be legally bound, the parties subscribe their names to this instrument on the date below. MacDonald -Miller Facility Solutions City of Federal Way BY: TITLE: DATE: BY: TITLE: DATE: Energy Efficiency Equipment Installation & Services Agreement Page 6 of 7 EXHIBITS Exhibit A: Equipment to be Installed Exhibit B: Description & Location of Premises; Pre -Existing Equipment Inventory Exhibit C: Equipment Acceptance Certificate Exhibit D: Energy Savings and Reporting Methodology Exhibit E: Preventive Maintenance & Energy Management Services Exhibit F: Corporate Resolution Exhibit G: Pricing & Financial Analysis Energy Efficiency Equipment mstaliation & Services Agreement Page 7 of 7 ENERGY SERVICES AGREEMENT EXHIBITS The following Exhibits are project -specific and developed in conjunction with the Contractor: Exhibit A: Equipment to be Installed Exhibit B: Description & Location of Premises; Pre -Existing Equipment Inventory Exhibit D: Energy Savings and Reporting Methodology Exhibit E: Preventive Maintenance & Energy Management Services Exhibit G: Pricing & Financial Analysis Forms for the following Exhibits are attached: Exhibit C: Equipment Acceptance Certificate Exhibit F: Corporate Resolution Transaction Closing Document Checklist • Energy Service Agreement (ESA), with all exhibits and attachments • Corporate Resolution • Equipment Acceptance Notice • Certificates of insurance • UCC 1, filed (if applicable) • Customer Credit Information • Maintenance Agreement (if applicable) • Verification Report (if applicable) • Replacement Inventory Receipt (if applicable) • EPA Ballast Disposal Certificate (if applicable) • Opinion of Customer's Counsel (if applicable) • Opinion of Contractor's Counsel (if applicable) Energy Efficiency Equipment Installation and Services Agreement Exhibits EXHIBIT A EQUIPMENT TO BE INSTALLED ECM -1: Replacement of RTU -1(75 ton), RTU -2 (75 ton), RTU -3 (10 ton) and installation of an additional unit to serve the G.A.C. Room. INCLUSIONS • Removal and disposal of the existing equipment. • Furnish and install two Trane, 75 ton, high capacity, roof top, packaged units with economizers, power exhaust, Lontalk communications interface module and supply air VFD. (RTU -1 & RTU -2) • Furnish and install one Trane, 10 ton, roof top, packaged heat pump with auxiliary heater, economizer, power exhaust, Lontalk communications interface and adaptor curb. (RTU -3) • Furnish and install one Fujitsu, 2 ton, wall mounted, high efficiency ductless split system air conditioner to provide dedicated cooling for the G.A.C. room. Includes refrigeration lines, electrical wiring and disconnects, condensate pump and piping, roofing and structural engineering review. RTU -1 currently serves this space and is required to run after normal occupied hours to cool this area that is typically used at night. • Provide sheet metal alterations, as required to adapt new units to the existing duct systems. • Provide electrical modifications necessary to adapt the existing electrical to the new units. Includes new circuit and disconnect for the G.A.C. Room ductless split system. • Provide after hours and weekend labor for the unit replacements. • Provide crane and operator. • Provide structural engineering survey and report. • Provide mechanical, electrical and low voltage permits. • Provide equipment start-up and testing. • Parts and labor warranty per Exhibit E. EXCLUSIONS • Fire alarm interface wiring, if required. • Structural modifications, if required. • Equipment screening, if required. ECM -2: HVAC Control System Upgrades & Enhanced Control Sequences Scope of work is based on integrating to the existing Staefa Smart 11 field controllers and replacing the proprietary Siemens Apogee workstation with a TRIDIUM-AX "O" OPEN LICENSE JACE network server known as the Workstation Supervisor. TRIDIUM AX Supervisor serves real-time graphical information displays to standard Web -browser clients. It also provides server -level functions such as centralized data logging, archiving, alarming, master scheduling, system -wide database management and integration. Plus, TRIDIUM-AX Supervisor provides a comprehensive, graphical engineering toolset for application development and supports open protocols including BACnet, Modbus, oBIX and SNMP. INCLUSIONS • Provide and install two, TRIDIUM HW JACE 600 with "O" OPEN Licenses and Workbench tools. . • Provide uninterruptable power supplies for JACE 600 panels. • Provide necessary LON communication wiring between JACE controllers and new LON interface controllers on four TRANE roof -top units. • Collect the most recent AutoCAD drawings and incorporate floor plan details that reference each zone and temperature sensor locations. In addition, the graphical interface will provide temperature gradient details to allow visual identification of zones that deviate from set -point. Energy Efficiency Equipment Installation and Services Agreement Exhibit A • Reprogram TRANE roof -top units for optimum functionality utilizing demand reset for static pressures, and discharge air temperature set -point adjustment. Refer to the below "HVAC Control System NEW Sequences of Operation" for additional details. • Provide necessary controllers and control devices to ensure full functionality of the economizers on RTU -1, 2 and 3. • Provide and install new LON controllers on each of the three TRANE roof -top units. • Engineering, technical check-out, commissioning and performance testing of field devices and controllers. ° • Functional performance testing of RTU -1, 2 and 3. • Programming and graphical interface of new LON based RTU controllers. • Provide optimized economizer DDC control, utilizing reset schedules per sequence of operation. • Electrical field wiring, transformers, relays, sensors as necessary, (turn -key installation). • Graphical integration of existing Staefa Smart II VAV controllers, technicians' labor, project - management and owner coordination. • Graphical interface for easy manipulation to include floor plan layout and zone identification with colored temperature gradient. • Owner Training as required, up to 16hrs. • Parts (hardware and software) and labor warranty per Exhibit E. • Provide and install workstation software to allow easy access of trending and alarming. • Setup alarming and trending per PSE contract requirements. • Provide coordinate and facilitation of PSE grant funding. a CLARIFICATIONS • Owner to provide up to date AutoCAD drawings for accurate zone representation. • Owner to provide IP address and network connection to either DSL or City of Federal Way intranet if available. HVAC Control System NEW Sequences of Operation The following is a list°of advanced control sequences that will be implemented within the scope of this project. These sequences focus on maximizing energy efficiency while optimizing tenant comfort. Schedule Zones: The building will be divided into schedule zones per RTU (Rooftop Unit) and optimal start/stop will be implemented to ensure optimum energy savings and comfort maintained. New schedule: RTU -1 06:00am — 06:00pm M -F (Sat —Sun) = Off RTU -2 06:00am — 06:00pm M -F (Sat —Sun) = Off RTU -3 06:00am — 06:00pm M -F (Sat —Sun) = Off RTU -4 06:00am — 06:00pm M -F (Sat —Sun) = Off AHU-1 24X7 (DSP setpoint and DAT reset based on occupancy level and CO2 levels) AHU-2 24X7 (DSP setpoint and DAT reset based on occupancy level and CO2 levels) Override scheduling for after hour meetings similar to historical events is anticipated and will be administered by Customer. Unoccupied Mode The unit supply is off and mechanical cooling/heating is disabled. Energy Efficiency Equipment Installation & Services Agreement Exhibit A Occupied Mode The main RTU units (RTU -1 & RTU -2) supply fan speeds are modulated via variable frequency drives (VFD) based on average cooling -demand percentage of the associated VAV zones. Economizer Control The HVAC Control System will modulate the economizer dampers on each of the rooftop units to maintain the mixed air temperature setpoint. The mixed air set -point is reset based on RTU cooling demand percentage of the associated VAV zones. The mixed air temperature set -point is reset 2 degrees Fahrenheit (degF) less than the RTU discharge air setpoint to ensure 100% free cooling as appropriate. If the outside air (OSA) temperature exceeds the room air temperature (RAT) by more than 2 degF the economizer OSA damper position is reset to minimum setpoint position. If OSA temperature drops below 25 degf and mixed air temperature (MAT) at minimum OSA damper position is 2 degF below MAT setpoint then OSA dampers are closed. Discharge Air Temperature Control & Reset The DAT (discharge air temperature) set -point is reset based on actual cooling demand from the associated zones attributed to the individual RTU. Reset set -point is as follows, cooling demand 0% - 15% DAT setpoint = 70 degF cooling demand increases 15% - 60% DAT set -point is reset based on a liner PID calculated control loop from 70 degf down to 55 degF. The HVAC Control System will stage the DX compressors on/off based on deviation from DAT setpoint, in all cases economizer is to be first stage cooling and DX staged on to maintain desired set -point. Discharge Air Temp Reset (DATR) at the RTU has two functions. One is to lower reheat cost in the transition and heating months while the other is to lower fan energy in the summer and cooling months. Duct Static Pressure Control & Reset The DSP (duct static pressure) setpoint is reset based on actual cooling and heating demand from the associated zones attributed to the individual RTU. Reset set -point is as follows, cooling demand 0% - 15% DSP setpoint = .35"wc and as the cooling demand increases >15% - 60% DSP setpoint is reset based on a liner PID control loop from .35"wc to 1.5"wc. The supply fan speed on each RTU is controlled via a (VFD) and modulated up and down based on deviation from desired setpoint. This methodology is most effective with low cooling needs (shoulder seasons and winter) by preventing over cooling of floor space thus diminishing the need to reheat. Building Static Control The BSP (building static pressure) set -point is fixed at .04"wc each RTU has its own BSP sensor. The sensor inputs from RTU -1 and 2 are to be averaged and the averaged input is used for reference for each RTU 1 and 2. Each RTU exhaust fan speed is modulated through the (VFD) based on the DDC system and deviation from BSP set -point. Morning Warm up HVAC Control System will allow the use of morning warm-up sequencing. OSA dampers are closed, DAT set -point is reset to 110 degF all associated VAV zone setpoints are commanded to 68 degf and associated electric heat inside the VAV units are commanded off. Once the average heating zone demand is less than 15% morning warm-up sequencing is disabled and RTU and associated VAV zones run under normal occupied sequencing. Energy Efficiency Equipr:ent Installation & Services Agreement Exhibit A Exhaust Fans All exhaust fans run by the same schedule as the associated RTU schedule. MAU-1 (Mixed Air Unit) Commanded to run per schedule currently defined as 240. DAT setpoint is reset based on zone temperature, and OSA temperature low limit setpoint. If OSA is < 45 degF heating section on MAU is allowed to maintain DAT setpoint otherwise heating is disabled. DAT setpoint is reset as follows if zone temperature is above 55 degF MAU's heating capacity is deactivated. As zone temperature drops below 55 degF and the OSA is < 45 degF MAU's DAT setpoint is reset from 45-55 degF. Night Set Up Mode The fan and compressor are energized as required to maintain the unoccupied cooling setpoint of 85 degF. Night Set Back Mode The VAV zones with electric heat are energized as required to maintain the unoccupied heating setpoint, set initially at 60 degF. Optimal Start Heating Mode Two hours prior to the occupied start time the HVAC Control System will place the VAV zones in standby mode and will begin ramping up the standby heating setpoint from 62 degF to 70 degF (set standby heating setpoint at 62 degF and utilize the "nviSetptShift" property to ramp the setpoint up to 70 degF by the occupied start time). The intent is to bring the building up to the occupied comfort setpoint by the occupied start time while limiting electrical demand. At the occupied start time the VAV zones will control to the occupied heating and cooling setpoints, and the standby heating setpoint will revert to 62 degF (setpoint shift to zero). Optimal Start Cooling Mode Two hours prior to the occupied start time the HVAC Controls System system will place the VAV in standby mode and will begin ramping up the standby cooling setpoint from 82 degF.to 75 degF (set standby cooling setpoint at 82 degF and utilize the "nviSetptShift" property to ramp the setpoint down to 75 degF by the occupied start time). The intent is to bring the building to the occupied comfort setpoint by the occupied start time while limiting electrical demand. At the occupied start time the VAV zone controller will control to the occupied heating and cooling setpoints, and the standby cooling setpoint will revert to 82 degF (setpoint shift to zero). Adaptive Setpoint Control & Reset This is a global reset to all VAV boxes that will adjust set points on the individual zones based on outdoor temperature. Each zone will have the ability to be overridden by the building staff as required to take care of problem areas. Incremental Morning Start -Up Allows global reset of the night setbacks (heating and cooling) of each terminal unit over time to give optimal warm up while lowering energy and demand charges for the building. This is done at the zone level which is far more effective than traditional Optimum start programs. Traditional programs occupy the entire floor or building at the same time driving up demand charges. Night Purge Cools the building at night when the appropriate conditions allow, thus lowering energy and demand costs. Energy Efficiency Equipment Installation & Services Agreement Exhibit A Emergency Load Shed System will be programmed to activate an Emergency Load Shed strategy based on a single button activation. The strategy will manipulate all VAV boxes and have them go to MIN and MAX set points to shed load in the event of an emergency power load shed situation that is issued by the utility provider. Display and Trending • Room Temperature (500 samples x 15 min) • Occupied Heating setpoint • Occupied Cooling setpoint • Effective setpoint • Setpoint Offset Span (configurable) as applicable • Setpoint Offset as applicable • Heating/Cooling mode • Occupied/Unoccupied/Standby mode • VAV zone CFM setpoint and actual CFM (500 samples x 15 min) • Discharge Air Temperature (500 samples x 15 min) • Mixed Air Temperature (500 samples x 15 min) • Occupied Override status (runtime accumulation) • Average zone temperature (500 samples x 15 min) • Average cooling demand (500 samples x 15 min) • Compressor DX staging Command Status (500 samples x 15 min) • Economizer contrdl (500 samples x 15 min) • Duct Static Pressure (500 samples x 15 min) • Building Static Pressure (500 samples x 15 min) • Mixed Air Unit Command (500 samples x 15 min) • Mixed Air Unit DAT (500 samples x 15 min) • Exhaust Fans Command Status (500 samples x 15 min) • (VFD) speed fan (Speed feedback trend) Display and Alarming • Discharge Air Temperature out of limits (500 samples x 15 min) • Mixed Air Temperature out of limits (500 samples x 15 min) • Duct Static Pressure out of limits (500 samples x 15 min) • Building Static Pressure out of limits (500 samples x 15 min) • Supply Fan Status (Change of state trend) (Alarm on Fan Fail) • Low — High zone temperature out of limits Energy Efficiency Equipment Installation & Services Agreemen; Exhibit A EXHIBIT B DESCRIPTION & LOCATION OF PREMISES; PRE-EXISTING EQUIPMENT INVENTORY The City of Federal Way City Hall is located at 33325 8th Avenue South, Federal Way, WA 98101. The three story building was constructed in 1994 and is 88,085 gross square feet. General Hours of Operation: 8:00 AM — 5:00 PM Occupied Variances: 15t floor has approx 50% of the sq ft that operates 24-7 1st & 2nd floors have Conference rooms that have night Meetings until 10:00pm on an average of 8 times per month. Lighting: Parking lot lights on a timer Art hallway lights on a timer A few sensors in small mtg rooms Majority of office lights are on switches Exisiting Equipment: City of Federal Way City Hall 33325 8th Ave. S., Federal Way, WA 98003 RTU -1 TRANE ROOFTOP AIR SXHFC754DOOA9 J94F71819 ROOF CONDITIONER A35-16X20X2 PLTS RTU -2 TRANE ROOFTOP AIR SXHFC754DOOA9 J94F71818 ROOF CONDITIONER A35-16X2OX2 CU -3 TBD DUCTLESS PLTS TBD SERVES GAC RTU -3 TRANE ROOFTOP AIR TCD120B400CA J15143854D ROOF CONDITIONER 1- 16X10X1 PLTS 3- 16X20X1 PLTS 2-16X25X1 PLTS 1- 1OX20X1 PLTS RTU -4 TRANE ROOFTOP AIR WS004A4RBA17D L4091022291 ROOF CONDITIONER 2 2- 20X25X2 PLTS AHU-3 TBD DUCTLESS TBD TBD GAC ROOM SPLIT AHU CU -3 TBD DUCTLESS TBD TBD SERVES GAC SPLIT ROOM CONDENSING UNIT AHU-11 CARRIER AIR HANDLER 40REQ15-619 3194V2634 TRAFFIC 1008 1- 1OX24X2 PLTS 8- 24X24X2 PLTS Energy Efficiency Equipment Installation and Services Agreement Exhibit B Energy Efficiency cauyme:.z Installation and Services Agreement Exhibit B Manufacturer Description Mode! #, . Serial # location Coils ` Eiiter BeCt AHU-2 CARRIER AIR HANDLER 40RM024-B51W 2407U17830 TRAFFIC 1016 1-10X24X2 PLTS 10- 24X24X2 PLTS HPCU 1 CARRIER CONDENSING 38AKS014-610 4096F32688 GROUND LEVEL UNIT POLICE HPCU-2 CARRIER CONDENSING 38AKS014-610 4096F32689 GROUND LEVEL UNIT POLICE CRAC-1 DATA AIR COMPUTER DAAD1034 96-1847-A COMPUTER ROOM AIR 3- 20X25X4 PLTS ROOM CONDITIONER CRAC-2 DATA AIR COMPUTER DAAD1034 96-1846-A COMPUTER ROOM AIR 3- 20X25X4 PLTS ROOM CONDITIONER DC -1 DATA AIR DRY COOLER N/A N/A ROOF DC -2 DATA AIR DRY COOLER N/A N/A ROOF VAV TBD VARIABLE AIR TBD TBD PATRIC MAHER 1101 VOLUME BOX 2- 12X12X1 PLTS ROOM 1094 VAV TBD VARIABLE AIR TBD TBD PS LOBBY 1077 1102 VOLUME BOX 2- 12X15X1 PLTS VAV TBD VARIABLE AIR TBD TBD PS COUNTER, 1103 VOLUME BOX 2- 12X15X1 PLTS 1076 VAV TBD VARIABLE AIR TBD TBD PS STAFF 1076 1103A VOLUME BOX 2- 12X12X1 PLTS VAV TBD VARIABLE AIR TBD TBD CHIEF LOBBY 1104 VOLUME BOX 2- 12X12X1 PLTS 1057 VAV TBD VARIABLE AIR TBD TBD PS WORKROOM 1105 VOLUME BOX 2- 12X15X1 PLTS 1050 VAV TBD VARIABLE AIR TBD TBD ADMIN FILES 1106 VOLUME BOX 2- 12X24X1 PLTS 1047 VAV TBD VARIABLE AIR TBD TBD ADMIN REPORT 1106A VOLUME BOX 1- 11X14X1 PLTS 1128 VAV TBD VARIABLE AIR TBD TBD WOMEN LOCKER 1107 VOLUME BOX 2- 12X29X1 PLTS 1038 VAV TBD VARIABLE AIR TBD TBD RECORD FILES 1108 VOLUME BOX 2- 12X24X1 PLTS 1048 VAV TBD VARIABLE AIR TBD TBD PS CONF ROOM 1109 VOLUME BOX 2- 12X24X1 PLTS 1059 VAV TBD VARIABLE AIR TBD TBD INTEVIEW RM 1110 VOLUME BOX 2- 12X12X1 PLTS 1074 VAV TBD VARIABLE AIR TBD TBD PERMITS 2081 1201 VOLUME BOX 2- 12X29X1 PLTS VAV TBD VARIABLE AIR TBD TBD PERMITS LOBBY 1202 VOLUME BOX 2- 12X12X1 PLTS 2014 VAV TBD VARIABLE AIR TBD TBD HYLEBOS ROOM 1203 VOLUME BOX 2- 12X28X1 PLTS 2056 Energy Efficiency cauyme:.z Installation and Services Agreement Exhibit B Unit# Manufacturer' Description Modei#. Serial # . location Coils Filter''Belt, VAV TBD VARIABLE AIR TBD TBD HYLEBOS ROOM 1204 VOLUME BOX 2- 12X12X1 PLTS 2056 VAV TBD VARIABLE AIR TBD TBD LAKOTA ROOM 1205 VOLUME BOX 2- 12X29X1 PLTS 2025 VAV TBD VARIABLE AIR TBD TBD CM COFFEE 1206 VOLUME BOX 2- 12X12X1 PLTS ROOM 2027 VAV TBD VARIABLE AIR TBD TBD COUNCIL HALL 1207 VOLUME BOX 2- 12X15X1 PLTS 2031 VAV TBD VARIABLE AIR TBD TBD PS LUNCH HALL A1207 VOLUME BOX 2- 12X13X1 PLTS 1062 VAV TBD VARIABLE AIR TBD TBD LAW LIBRARY 81207 VOLUME BOX 2- 12X28X1 PLTS 2017 VAV TBD VARIABLE AIR TBD TBD LAW HALL 2044 1208 VOLUME BOX 4- 12X17X1 PLTS VAV TBD VARIABLE AIR TBD TBD PARKS 2003 1209 VOLUME BOX 2- 12X12X1 PLTS VAV TBD VARIABLE AIR TBD TBD VACANT 2000 1210 VOLUME BOX 2- 12X29X1 PLTS VAV TBD VARIABLE AIR TBD TBD VACANT 2000 1211 VOLUME BOX 2- 12X12X1 PLTS VAV TBD VARIABLE AIR TBD TBD PS QTR MASTER 1212 VOLUME BOX 2- 12X29X1 PLTS 2009 VAV TBD VARIABLE AIR TBD TBD IS 2049 1213 VOLUME BOX 2- 12X40X1 PLTS VAV TBD VARIABLE AIR TBD TBD IS HALL 2052 1214 VOLUME BOX 2- 12X12X1 PLTS VAV TBD VARIABLE AIR TBD TBD IS 2049 1215 VOLUME BOX 2- 12X15X1 PLTS VAV TBD VARIABLE AIR TBD TBD IS HALL 2052 1216 VOLUME BOX 4- 12X29X1 PLTS VAV TBD VARIABLE AIR TBD TBD DASH PT ROOM 1217 VOLUME BOX 4- 12X24X1 PLTS 2051 VAV TBD VARIABLE AIR TBD TBD CRT ROOM #3 1218 VOLUME BOX 4- 12X24X1 PLTS 1145 VAV TBD VARIABLE AIR TBD TBD JUDGE 1143 1219 VOLUME BOX 2- 12X12X1 PLTS VAV TBD VARIABLE AIR TBD TBD REPORT WRITE 1220 VOLUME BOX 2- 12X12X1 PLTS 1128 VAV TBD VARIABLE AIR TBD TBD CRT ROOM #1 2101 VOLUME BOX 1- 20X20X1 PLTS 1133 VAV TBD VARIABLE AIR TBD TBD CIS 1102 2102 VOLUME BOX 2- 12X29X1 PLTS VAV TBD VARIABLE AIR TBD TBD, CIS 1099 2103 VOLUME BOX 2- 12X29X1 PLTS VAV TBD VARIABLE AIR TBD TBD CIS 1099 2104 VOLUME BOX 1 4- 12X24X1 PLTS Energy Efficiency Equipment Installation and Services Agreement Exhibit 8 Unit'# ManufactureX„ = Description Model,# �' , Serial # � Location `. .Colts": � � Filter' VAV TBD VARIABLE AIR TBD TBD CELL #6 1108 2105 VOLUME BOX 4- 12X24X1 PLTS VAV TBD VARIABLE AIR TBD TBD CRT LOBBY 1150 2106 VOLUME BOX 4- 12X24X1 PLTS VAV TBD VARIABLE AIR TBD TBD CRT STAFF 1140 2108 VOLUME BOX 2- 12X40X1 PLTS VAV TBD VARIABLE AIR TBD TBD CRT STAFF 1140 2109 VOLUME BOX 2- 12X12X1 PLTS VAV TBD VARIABLE AIR TBD TBD JUDGE HALL 2110 VOLUME BOX 2- 12X29X1 PLTS 1141 VAV TBD VARIABLE AIR TBD TBD CRT ADMIN HALL 2111 VOLUME BOX 2- 12X29X1 PLTS 1138 VAV TBD VARIABLE AIR TBD TBD CRT ROOM #2 2112 VOLUME BOX 1-12X36X1 PLTS 1149 VAV TBD VARIABLE AIR TBD TBD 2055 2113 VOLUME BOX 2- 12X13X1 PLTS BROADCAST VAV TBD VARIABLE AIR NOT IN USE TBD NOT IN USE 2114 VOLUME BOX VAV - TBD VARIABLE AIR TBD TBD PS LUNCH 1039 2115 VOLUME BOX 2- 12X12X1 PLTS VAV TBD VARIABLE AIR TBD TBD CRT ROOM #3 2116 VOLUME BOX 2- 12X12X1 PLTS 1145 VAV TBD VARIABi,E AIR TBD TBD PW HALL 2099 2201 VOLUME BOX 2- 12X12X1 PLTS VAV TBD VARIABLE AIR TBD TBD JURY POOL 2093 2202 VOLUME BOX 2- 12X29X1 PLTS VAV TBD VARIABLE AIR TBD TBD F.D. 2116 2203 VOLUME BOX 2- 12X12X1 PLTS VAV TBD VARIABLE AIR TBD TBD F.D. 2116 2204 VOLUME BOX 2- 12X12X1 PLTS VAV TBD VARIABLE AIR TBD TBD CD 2089 2205 VOLUME BOX 2- 12X29X1 PLTS VAV TBD VARIABLE AIR TBD TBD CD 2089 2206 VOLUME BOX 2- 15X17X1 PLTS VAV TBD VARIABLE AIR TBD TBD MS TMR 2079 A2206 VOLUME BOX 2- 12X12X1 PLTS VAV TBD VARIABLE AIR TBD TBD LUNCH HALL C2206 VOLUME BOX 2- 12X24X1 PLTS 1062 1- 12X26A1 PLTS VAV TBD VARIABLE AIR TBD TBD VACANT CD AREA 2207 VOLUME BOX 2- 12X12X1 PLTS VAV TBD VARIABLE AIR TBD TBD PLANNERS 2111 2208 VOLUME BOX 2- 12X29X1 PLTS VAV TBD VARIABLE AIR TBD TBD PW 2112 2209 VOLUME BOX 2- 12X12X1 PLTS VAV TBD VARIABLE AIR TBD TBD PW 2107 2210 VOLUME BOX 2- 12X29X1 PLTS Energy Efficiency Equipment Installation and Services Agreement Exhibit E Unit'# ;Mandfacturer Description Model # Serial # Location " Coils "=Filter Belt VAV TBD VARIABLE AIR TBD TBD PW DIR HALL 2211 VOLUME BOX 2- 12X12X1 PLTS 2104 VAV TBD VARIABLE AIR TBD TBD PW 2112 2212 VOLUME BOX 2- 12X29X1 PLTS VAV TBD VARIABLE AIR TBD TBD CRT ROOM 2092 2213 VOLUME BOX 2- 12X40X1 PLTS VAV TBD VARIABLE AIR TBD TBD PW 2111 2214 VOLUME BOX 2- 12X13X1 PLTS VAV TBD VARIABLE AIR TBD TBD PS MENS 1027 AH101 VOLUME BOX 2-15X17X1 PLTS VAV TBD VARIABLE AIR TBD TBD TRAFFIC HALL AH102 VOLUME BOX 2- 12X13X1 PLTS 1035 VAV , TBD VARIABLE AIR TBD TBD MENS LOCKER AH103 VOLUME BOX 2- 15X17X1 PLTS 1024 VAV TBD VARIABLE AIR TBD TBD ARMORY 1013 AH104 VOLUME BOX 2- 15X17X1 PLTS VAV TBD VARIABLE AIR TBD TBD TRAFFIC HALL AH105 VOLUME BOX 2- 12X12X1 PLTS 1007 VAV TBD VARIABLE AIR TBD TBD MENS LOCKER AH106 VOLUME BOX 2- 15X17X1 PLTS 1024 VAV TBD VARIABLE AIR TBD TBD TRAFFIC 1017 AH2O1 VOLUME BOX 2- 15X17X1 PLTS VAV TBD VARIABLE AIR TBD TBD PATROL TMR AH2O2 VOLUME BOX 2- 12X12X1 PLTS 1019 VAV TBD VARIABLE AIR TBD TBD CHIEF ADMIN AH2O3 VOLUME BOX 2- 12X13X1 PLTS 1055 VAV TBD VARIABLE AIR TBD TBD LT HALL 1072 AH2O4 VOLUME BOX 2- 12X12X1 PLTS VAV TBD VARIABLE AIR NOT IN USE TBD NOT IN USE AH2O5 VOLUME BOX VAV TBD VARIABLE AIR NOT -IN USE TBD NOT IN USE AH2O6 VOLUME BOX VAV TBD VARIABLE AIR TSD TBD COMMANDER AH2O17 VOLUME BOX 2- 16X16X1 PLTS HALL 1066 BOLD EQUIPMENT TO BE REPLACED OR ADDED HVAC Control System EXISTING Sequences of Operation: Schedule RTU -1 04:30am—11:00pm M -F (Sat —Sun) = Off RTU -2 05:30am—11:00pm M -F (Sat —Sun) = Off RTU -3 07:30am —11 00pm M -F (Sat —Sun) = Off (Some night or weekend meetings) RTU -4 07:00am—11:00pm M -F (Sat —Sun) = Off (Some night or weekend meetings) AHU-1 24X7 AHU-2 24X7 Unoccupied Mode The unit supply is off and mechanical cooling/heating is disabled. Energy Efficiency Equipment Installation and Services Agreement Exhibit B Occupied Mode The main RTU units one and two supply fan speed is fixed to maintain 1.5"wc. Economizer Control The Siemens DDC controller will modulate the economizer dampers on each of the roof -top units to maintain discharge air temperature set -point. Discharge air set -point is fixed at 48 degF. Economizer control is local at the RTU and does not have the ability to reset existing set -point. Discharge Air Control Existing DDC system doesn't have the capability to reset SP. The DAT (discharge air temperature) set -point is fixed at 50 degF compressors are staged to maintain <50 degF. The discharge air temperature has been observed to be extremely low during normal operation. Duct Static Control Existing DDC system doesn't have the capability to reset SP. The Duct Static set -point is fixed at _ 1.5"WC and existing VFD control is local at the DDC controller modulates to maintain fixed set -point when ever RTU is enabled. Building Static Control The building static pressure (BSP) barometric relief dampers. Much of the existing system relief was removed from original system configuration. Morning Warm up None. Not being used at present time. Exhaust Fans All exhaust fans run 240. MAU-1 (Mixed Air Unit) Commanded to run per schedule currently defined as 247. DAT set -point is reset based on zone temperature, and OSA temperature low limit set -point. If OSA is < 45 degF heating section on MAU is allowed to maintain DAT set -point otherwise heating is disabled. DAT set -point is reset as follows if zone temperature is above 55 degF MAU's heating capacity is deactivated. As zone temperature drops below 55 degF and OSA is < 45 degF MAU's DAT set -point is reset from 45-55 degF. Night Set Up Mode The fan and compressor are energized as required to maintain the unoccupied cooling setpoint of 85 degF. Night Set Back Mode The VAV zones with electric heat are energized as required to maintain the unoccupied heating setpoint, set initially at 65 degF. Optimal Start Heating Mode Not capable nor being used at present time. Optimal Start Cooling Mode Not capable nor being used at present time. Energy Efficiency Equipment Installation and Services Agreement Exhibit B EXHIBIT C EQUIPMENT ACCEPTANCE CERTIFICATE I, the undersigned, hereby certify that: (1) 1 am the duly qualified, authorized and acting on behalf of of (the "Customer"); and, with respect to the Energy Efficiency Equipment Installation and Services Agreement (the "Agreement") dated October 18, 2010 between MacDonald -Miller Facility Solutions ("Contractor") and the Customer; (2) Contractor has completed the installation of the Equipment due to be installed, pursuant to the Agreement and as specified in the Equipment to be Installed attached hereto as Exhibit A, and Customer has inspected and does hereby accept unconditionally the Equipment installation; (3) based on the terms of the Agreement, Customer has paid to Contractor the full the amount owed for the Equipment a'nd all installation costs ("Project Costs"); and (4) with respect to all Equipment installed, the Customer has obtained from a reputable insurance company, qualified to do business in the State of Washington, the insurance coverages as required in Section 11 of the Agreement and as evidenced by the attached certificate of insurance. Dated 2010 ACCEPTANCE City of Federal Way BY: NAME: TITLE: DATE: Attachments: Exhibit A -- Equipment to be Installed Certificate of Insurance Energy Efficiency Equipment Installation and Services Agreement Exhibit C EXHIBIT D ENERGY SAVINGS & REPORTING METHODOLOGY A comprehensive reporting system ("Report Card") is used to evaluate the energy performance of the Customer's Facilities. The costs and consumption of multiple utilities are tracked while observing the total cost effect of utility rate structures. This information is normalized to regional weather conditions to give a true value, which is defined as avoided energy cost, for the Facilities. In addition, the base year energy usage is evaluated with current rate structures to understand the energy cost savings per square foot. The Report Card is also used for the purpose of understanding the financial and energy impact for services and physical improvements to the building systems. The energy savings and reporting methodology has been developed to communicate financial information to accountants as well as a diagnostic tool to evaluate a building's energy use by Certified Energy Managers ("CEM"). The reporting process provides a qualitative and quantitative analysis of a_building's utility performance based on facility type, usage, square footage and historical utility information. The numerical and visual aspects of the Report Card process allows for a more clear understanding into the energy usage of the Facilities. By comparing historical usage (base year) to the current usage, the effectiveness of implemented energy conservation measures and services can be verified as well as reported in a meaningful manner. Trends in energy usage over time are also documented and forecasted when normalized with published weather information. The following performance indices are tracked and reported on a monthly basis: demand ratio index ("DRI"), energy use index ("EUI"), Enegry Star Rating("ESR"), cost per square foot, agregatted annual energy cost, increase in the cost of utilities over time, equivalent carbon emissions and load factors of each utility respective of monthly usage. Financial data such as simple pay back ("SPB"), return on investment ("ROI"), internal rate of return("IRR") and net present value ("NPV") are also reported. These indices provide a clear and concise evaluation of the Facilities performance. All utility types are converted to a common value expressed in kBtu for the purpose of understanding energy cost and usage. Demand, peak electrical consumption, is tracked to understand the impact on the utility bill as well as to better understand the building utility footprint. This information is helpful in controlling building utility cost by providing better equipment management insight to the programmed sequences of operation. Furthermore, an aggregated energy cost is given to track the total cost of utilities overtime. By incorporating this method, it is much easier to understand the cost of a given utility expressed in cost per MBtu. This data is essential in evaluating which energy source is the most cost effective for the unique characteristics of the Facilities. In addition to energy and utility information, the Report Card provides equivalent carbon emissions results. The carbon equivalents are based on published reports by the local utility companies and the United States Environmental Protection Agency (US EPA) Greenhouse Gas Annual Output Emissions Rates. Regional weather conditions are tracked daily and aligned with each utility bill. This information is then parsed based on the utilities individual load factor for that month after the base load has been removed from the aggregated value. Each utility degree day factor is then added together thus insuring the most accurate measure of the affect of weather on the Facilities utility consumption. Energy Efficiency Equipment Instal ation and Services Agreement Exhibit D Monthly adjustments in avoided energy costs will be made based on the following variables: • Utility rate changes. • Annual heating and cooling degree days. • Facility operating baseline hours. • Changes in occupancy levels and building use. The base year energy profile will be reviewed on a monthly basis. Identified operating anomalies will be reported by the Contractor to the Customer. Any mutually agreed adjustments to the base year energy profile will be noted and incorporated into the Report Card. Adjustments are typically due to measurable changes in space utilization that result in energy use intensity variances of 2% or greater. Changes are often the result of spaces being re -purposed from office to data center, data center area changing to office, changes to major systems and pieces of equipment such as lighting upgrades and the like. Areas of high energy intensity such as data centers, server rooms or process loads that consume 2% or greater of the respective utility's monthly usage will need to be quantified via an engineering analysis or submetered. If Customer desires an US EPA Energy Star Rating (ESR) certification, any high-energy use, internet-technology (IT) spaces will require electrical submetering. Contractor will provide on a monthly basis a Report Card similar to the one below to Customer for the purposes of reporting and validating results. Regional Library Energy Optimization Report Card Enter unlock key: »» r Casto.ar Pabtic Library System 50.02f MoaH Sour 5obsuilni0o expres ® Deeead-11,1010 5007? 50.020 Sgwe Feotase 76,930 1200 20.016 FadBy Usage Pebie Lib.,y 5120,000 0ce2010 5001 8aae - y6 Jae -03 D-05 ER'.4C LOAD 580,000 DATA BaseYAVG Carte* ': i Iwad Fd—G. FUea.eleB 560000 510,000.. S:D 000 114r/. FJeclskat.87.5k•/. Gas 12.49°/. atear 000% U —CmmlBa —fine\ax Rba �6ae N: R6m 0 Lr1 890127 CaereN 0 S Aaxds.11W s 8gedber 3,Vti 6'Qdr7t '<'F"# 8PB 232 YEARS _ 12 Aaoad AaaW .4aeW Above hTlds lE C9ek+e+-�' ,3}34% 3Ya." ` : ]loelbs snia6s 7ar0et DELTA '� iTiMhi 9eBart IRR r 1590% Paolei;btY3YTi 7 57.636 560,841 561319 50 561.329 0-q.�.-s Fr334�"337.7'45 .f17` 791!•t,� 5132.2If -7'iaf[F'f�RSYr: DaOraa l)qs 12 )ilMAVG Datnase 3.T1% De -W KW (.4eeonaMB V Ee4c6 Usap Wx I2A2NYAVG Daaraa9e. -26.65%" Base Year Lnt 12 MoMbs Redd- If AwdC 2 SMW fld 81eYk Tera EneruAwnifted :- G—A U.Nelfaaease -7031% : 0 1801- m 9,9 x.9w 9 1,000,000 Couaesptioa Ss Degm Dass 900,000 1800 Bax m W: Sa.Achat 5>. Bax Load 1000, 800,000 900, IAL 1 600. 100, 000 300,000 400 300.000 300, 200.000 300. 100,000 100, e6aeYa ami K0.H a0.'zave 7'eaKbm oArnul Kbes o9aetutl s299 000 c9:tTreadS: s76;bm 50.028 r 50.026 t600 50.02f 5007? 50.020 ao0 50.019 1200 20.016 20.011 5120,000 800 5001 �CLxatCnxKbm �•!®m(CamsCeat%baU s299 000 sa5�51RMa.a � 91x000 t600 000 2160.000 ao0 1200 3110.000 1000 5120,000 800 000 ^ 5100,000 580,000 400 000 560000 510,000.. S:D 000 r -Ai , VjaaOed mrt-^t—Taol3n�mUae —CmmlBa —fine\ax Rba �6ae N: R6m 0 _ - -Cmm Yx1IDD - - -Cmm l-xCDD --- Qmm YaxTMD 0 S 000 800, 700,000 ]00, 600,000 500,000 � t600 000 14W ao0 1200 � 1000 y` , 800 000 ^ 600 400 000 - 200 000 —CmmlBa —fine\ax Rba �6ae N: R6m 0 _ - -Cmm Yx1IDD - - -Cmm l-xCDD --- Qmm YaxTMD 0 S ' Energy Efficiency Equipment Installation and Services Agreement Exhibit D Building Performance Assurance MacDonald-Miller FACILITY SOLUTIONS Scope of Work This document defines the Preventative Maintenance and Energy Management Services ("Services") Scope of Work for the City of Federal Way's City Hall, located at 33325 81h Avenue South, Federal Way, Washington 98101. The Services are to be provided on the Existing Equipment identified in Exhibit B and as modified in Exhibit A of this Agreement. Preventative Maintenance Planned Maintenance Services Four 4 times a year, MacDonald -Miller Facility Solutions will perform comprehensive system maintenance and check system performance in accordance with a program of standard routines as determined by our experience, the equipment manufacturer's recommendations, equipment application and location. Variable Air Volume (VAV) terminals will be inspected two 2 times per year and are not covered under the MacDonald -Miller "comprehensive" service plan. Any identified repairs will be billed on a time and material basis at the preferred Customer labor rate with prior approval from the City of Federal Way designated personnel. Seasonal Tasking / Equipment Check Sheets As appropriate for each type of equipment, these inspections and maintenances include testing, aligning, calibrating, lubricating and recording of specific pressures and temperatures. Details of this seasonal maintenance and inspection are provided in the attached MacDonald -Miller Facility Solutions Maintenance Tasks for each unit and each season. Air Filter Services To maintain indoor air quality, reduce energy costs and avoid excessive equipment wear and tear, MacDonald -Miller Facility Solutions will provide all labor and materials associated with the installation of new pleated filters in each unit four 4 times per year with the exception of the variable air volume terminals. The filters associated with the variable air volume terminals will be replaced two 2 times per year. Services include the removal and proper disposal of the used filters. MacDonald -Miller uses a high quality air filter that is specifically designed for Northwest climate conditions. This filter media is made with self-supporting material that provides the form and fit not found in the commonly used filter. The result is superior air filtration and indoor air quality. Condenser Coil Maintenance Annually, Contractor will power wash and chemically clean the condenser coils on the rooftop equipment. Power washing, as opposed to simply brushing the coil, is the best cleaning method to remove dirt, film and debris, and access the core areas of coil that brushes cannot reach. A power washed coil has better heat transfer which maximizes efficiencies and lowers operating pressures. The end result is lower utility bills, reduced risk of compressor failure, and longer equipment lifespan. Belt Service Annually Contractor will replace all belts on the appropriate equipment as a preventative measure against emergency breakdowns. Energy Efficiency Equipment Installation and Services Agreement Exhibit E Building Performance Assurance MacDonald -Miller FACILITY SOLUTIONS Corrective Maintenance/Repairs — Standard Coverage Equipment covered: VAVs, EFs and HVAC Controls During the course of executing the maintenance tasking procedures, our technicians are trained to identify impending problems and repair them before they cause unplanned downtime. Upon finding deficiencies, repairs will be made up to the authorized limit listed below. This allows for efficiency and avoids a return trip. If repair costs exceed this limit the Contractor will provide the Customer with a report of conditions and a proposal for authorization of repairs. This Agreement does not include the cost of any needed repairs. Labor and material costs are excluded and will be billed at the Service Agreement Customer rates. Corrective Maintenance/Repairs — Full (Comprehensive) Coverage Equipment covered: RTUs, AHUs, CUs, HPCUs, DCs & CRACs During the course of executing the maintenance tasking procedures, our technicians are trained to identify impending problems and repair them before they cause unplanned downtime. Upon finding deficiencies, repairs will be made in a timely fashion. Labor and material for covered repairs are included as part of this service for the equipment shown on the Equipment List attached. Emergency and Trouble Call Coverage Even with the comprehensive care provided in this program, occasional failures can occur. Under this agreement upon your notification to MacDonald -Miller's Customer Response Center, we will provide emergency response between scheduled visits, Monday through Sunday, including Holidays, 24 hours per day to minimize downtime. Even during peak heating or cooling periods, we will provide priority response over our non -contract customers. Non -emergency calls, as determined by the Customer's staff and MacDonald -Miller Facility Solutions, Inc. will be incorporated into the next scheduled service call. Reduce Downtime / Extend Equipment Life Through this service we will help to assure your mechanical equipment continues to operate efficiently, safely and with fewer operating disruptions during the equipment life -cycle. Repair Authorization All necessary minor repairs up to $500.00 r will be completed by MacDonald -Miller Facility Solutions without further authorization. For any repairs not included in this agreement, we will contact: Mr. Steve Ikerd Phone: 253.835.6911 Fax: 253.835.6909 Cell: 253.835.6911 E-mail: steve.ikerd@cityoffederalway.com Energy Efficiency Equipm.e ;c installation and Services Agreement Exhibit E Building Performance Assurance 4A" MacDonald-Miller FACIIL rY solvurioNS Energy Management Energy Savings Guarantee Contractor provides a financial energy savings guarantee based on the following criteria: • Scope of work and operating criteria as detailed in Exhibits A and B of Agreement. • Energy savings are normalized and reported based on the Energy Savings and Reporting Methodology defined in Exhibit D of Agreement • Minimum guaranteed annual energy savings and Term of Agreement are defined in Exhibit G. • Energy savings are reconciled on an annual (twelve month) basis and are cumulative breakeven for the term of Agreement. • Energy savings over the minmum guaranteed amount will be accrued over the term of this agreement. Energy savings below the established baseline will be paid by Contractor or deducted from the accrual at the end of the Term of the Agreement. • Excess energy savings (actual savings as verified which are greater than the minimum guaranteed savings) in year 1 carries over to year 2, etc. so that total cumulative savings will exceed the minmum guaranteed amount. • At the end of the Term of the Agreement, all cumulative savings above the guaranteed annual amount as reconciled on the Report Card are distributed as a Performance Bonus between the Customer and Contractor. Customer shall receive 50% of the total cumulative energy savings in excess of the guaranteed minmum energy savings. Contractor shall receive 50% of the total cumulative energy savings in excess of the guaranteed minmum energy savings less any reconciled annual energy savings shortfalls. Additional energy improvement enhancements and equipment operating issues will be reported as they are identified. It is expected that these changes and corrections will be implemented. Contractor is not responsible for said guarantee to the extent that Customer fails to carry out Contractor's suggested changes and/or corrections. Contractor anticipates that there will be no negative consequences due to our involvement in working with the building operations personnel to optimize the performance of the identified building systems. If, however, the Contractor recommends control strategies that adversely impact the building environment or reliability of the building systems then Contractor shall be obligated to pay $200 per hour up to a maximum of $1000 per occurrence for non-compliance. This does not include the downloading of automation software changes / upgrades which are known to take systems off-line for short periods of time. Energy Star Rating Certification MacDonald -Miller Facility Solutions will provide the necessary services and professionals to benchmark and report the energy performance of Customer's Facilities using the US EPA Energy Star Portfolio Manager. Annually, Contractor will update Customer's score and apply for the certification if eligible. Customer will only need to pay any mutually agreed to fees if applicable. An on -staff, licensed Professional Engineer (PE) will: • Verify the data input for your building Survey the building to confirm current standards are meet Complete validated Statement of Energy Performance • Follow up as needed with Reviewing Body Energy Efficiency Equipment Installation and Services Agreement Exhibit E Building Performance Assurance IfIlTru MacDonald -Miller I=ACIUTY SOLUTIONS Continuous Energy Monitoring Congruent with the implementation of the approved energy conservation measures, Contractor will establish an acceptable method for transferring criticial system performance data from the Customer's building automation systems. The Continuous Energy Monitoring methodology will assist with the data harvesting and performance analytics for quantifying savings and quickly identifying operating anomalies. The file sharing'process will be administered and managed by Contractor to the guidelines established by the Customer's IT guidelines. File transfers will be executed, at minimum, on a daily basis with more critical system data transferred on a more frequent basis. Confidential building performance data will be stored off-site and on secured servers for the sole purpose of Contractor to evaluate the energy performance of the building systems and provide a monthly Report Card to Customer. Program Elements Standard Repair and Replacement Service All repair labor and materials that are excluded from the scope of this agreement will be billed at our preferred customer rate, including our standard truck charge per callout. All work not included in the scope of this agreement that is performed outside of normal working hours will be billed at 1.5 times the normal rate with the exception of Sundays and holidays which will be billed at 2 times the normal rate. Full Coverage Repair and Replacement Service To reduce the effects of system downtime and minimize repair costs, the Contractor will repair or replace failed or worn components to maintain your system in peak operating condition. Components that are suspected of being faulty may be repaired or replaced in advance to minimize the occurrence of system interruptions. Labor and material are included as part of this service for the identified equipment: This includes replacement of compressors. MacDonald -Miller Facility Solutions excludes any work in connection with duct cleanliness including investigating and evaluating duct cleanliness and work related to duct cleaning. It is the owners' responsibility to assure all duct systems are clean and hazard free and comply with all health and safety standards. Effective. Date and Duration of Services Coverage will begin on the date of mutual Equipment acceptance as certified by the Equipment Acceptance Certificate, Exhibit C, between City of Federal Way and MacDonald -Miller Facility Solutions. The duration of Services will coincide with the Term of the Agreement as defined in Exhibit G and will automatically renew on a yearly basis. Adjustments in the scope of work and pricing will be reviewed with City of Federal Way, at minimum, on an annual basis. The Preventive Maintenance & Energy Management Services Agreement will be escalated annually by three percent (3%) due to increasing labor and material costs. Scheduled Inspections / Maintenance Tasks MacDonald -Miller will provide comprehensive maintenance and inspection as defined. The maintenance tasking procedures, which our technicians precisely follow, are determined by the manufacturer's recommendations, equipment application and our extensive experience. Following are the Maintenance Tasks scheduled inspection check sheets. Energy Efficiency Equipment Installation and Services Agreement Exhibit E Energy Efficiency Equipment Installation and Services Agreement Exhibit E Building Performance Assurance MacDonald-Miller FACILITY SOLUTIONS ......... _ . _ . ... ... _. MacDcix akl-Miller : OLIM Macdonald Miller Fac[lltv Solutions FACONS ._ _..._ ------------­- __ Maintenance Tasks site City of Federal Way City Hall 33325 8th Ave S_ Account Ma Dale Daleteseeher Federal Way WA 98003 .... .... Contact Steve Iltercl Phone 253-8.3.5-€911; _ _ __ _._. _ ,_ _ . . _. ._ AHU ; AIR HANDLER ? Fall [ ] CHECK BELTS INSPECT CONDENSATE PAN PUt.IF, AND (] ADD PAN TABS — j ] CHE€:K FOR UNUSUAL VIBRATION AND NOISE t ] CHECK CONDITION Of COIL WEAR €U�tICATESLOWER !.10TOR( 41FGSPPECS) __. LUBRICATE SLOWER BEARINGS (PER MFG SPECS) _.....__. .... _. __ ___. FRESH AIR CYCLE (F EQU ] _...._ _ ___ _.__ . _ .. .. .... __... k.. k( ] CHECK OPERATING CONTROLS .- j ] CHECK DAR OPERATION ELECTRIC HEAT ( REQU2ED] __ CHECK AMP DRAW (] CHECK C014TACTGR PORTS . ....a..._. . ..... ......... _ ......_,..----­-­--- .GAS I ] CHECK TEMPERATURE RISE GAS HEAT_ (I REQUIRED) CHECK TEMPERATURE RISE _ICHECK SEQUENCER OPERATION ( ] CHECK FAN SWITCH _ (] VISUAL CHECK Of HEAT EXCHANGER AND _.. VISUAL CHECK OF FLUE _ CHECK PILOT SETTING t _ ] CHECK MAIN LINE GAS PRESSURE _ j ] CHECK MANIFOLD GAS PRESSURE _. ] CLEiAN COMBUSTION BLOWER WHEEL f ._ _ _ _. __ OIL COMBUSTION BLOWER MOTOR CLEAN AND ADJUST IGNITOR M.. (] CHECK VOLTAGE (] CHECK AMP DRAW AHU AIR HANDLER Winter [ ] CHECK BELTS _ ... y.... _..., ... _... l ] INSPECTCOKDENSATE PAN PUMP, AND TRAPI I ADO PAN TABS CHECK FOR UNUSUAL VIBRATION AND NOISE! CHECK CONDrnom OF c0#- _(] _ ... I ] CHECK VOLTAGE ] CHECK ANAP DRAW d Energy Efficiency Equipment Installation and Services Agreement Exhibit E Building Performance Assurance MacDonald -Miller MacDonald -Miller Facility ___ __ _ . ............. .._ ._ _. ......._ +Maintenance Tasks Site:. City of Federal Way City Hall AHU ; AIR HANDLER Solutions Account Manager: Date Energy Efficiency i quipment Installation and Services Agreement Exhibit E Arvrrtk Building Performance Assurance MacDonald-Miller FACILITY SOLUTIONS _ ..... Mac !€ t11er MacDonaIld Milker Fa!q t Stions ___.....__ ....._.__ _._ AAAA ..,__.olu_._..__._. AAAA.. ----­---- _---------- __._. _ Maintenance Tasks Silts city of Federal Way City Hall 33325SM S Account Mans r Date Mesecher, Federal Way WA 98003 I Contact:: Stem tkerd Phone 25-581'I AAAA_ 53-83__. ------­------_--- __ A i CAC "(OMPUTER ROOMA�iCONOITIONER _ �.... ___ _ -FallM aLLEY'6°VEfcR I � _� ___ TTS l LLEY AItIMEIiT j ;. ._ . ...... ... . ... . . . . AAAA NdDEiISATE PAI! PUMP AIS} TRAP ... AAAA___ . . - . __ _ . ---- - CHEC... K... ­TABS ;t4 UNUSUAL VIER _ CHECK mooRR t OUTDOOR COL comwnm __ _ _ __AAAA- __. .__ _.. CHEECSUPPLY `fOLTA£,E _ AAAA_ CHECK ktTft AAAAAds ........ I ] CHECK CONTROL SET POINTS � [ ] CHECK CRANKCASE HEATER .. _. _ _ _. �...._ _ __ __ CHECK OIL i1EVEt ..... _ AAAA _. CHECK LIQUID L94E SIGHT GLASS I 1 CHECK MECHANICAL COOT SEQUENCE OPERATION ; _ _ AAAA AAAA (}CHEEK COMPRESSOR 114122PRCOIL AAAA., _.._.._........._..._ _,__..... ,TEMPERATURE DROPDEG-F. ,.__..... �__, _ ._,. ._. [ I CHECK COMPRESSOR DISCHARGE TEL93ERATURE AAAA.. AAAA. . AAAA -___ __ AAAA AAAA . ... ... ..AAAA _ I2 Is _. AAAA.. { jCHECKFORREF �SMS€fAL) _ AAAA _ 3.... CHECK WATER ECONOMIZER (IF EQUIP,) ( CHECK ELECTRIC HEAT I I LUBE BLOWER BEAMOS (f REGU ) __ _ _ _. CHECK CALIBRATION I I AT i OF TEMPERATURE CtiI�I1ROLS .._ AAAA ....._. AAAA_.. .. ,.. _ __ .. ,.. _. I I CHECK CALIBRATE Of ALARMS CHECK ALARM Atli SYSTEM CONTROL SETP ViS.. ,,._, „_ __ _ CHI CK _-_. LIGHT _ ..._ _ ..... AAAA.. 7 CHECK CONTROL SEQId£#dE E AItI ALS AAAA._ ._. _ CHECK HVIA> ER PAN AND OPERATION CHECK INFRARED BULBS 4 },. __�,___............._.., q._,...........�....,........ AAAA... _.. -_...s AAAA_I _,_ -. I CHECK AUTO FLUSHi .., _. ___m_._._,_..._._......_..� _ _._. F_ CHECK D£Hil3,t-FLIT OPERATION AAAA .� _ ,AAAA. j CHECK FREEZE PROTECTION DEG_ F. _ a I CHECK NITRITE LEVEL Pelt . [ ]ALTERNATE LEAD !NAG Energy Efficiency Equipment Installation and Services Agreement Exhibit E Building Performance Assurance MacDonald-Miller FACILITY SOLUTIONS act -Muer acDonald [Miller Facli ty Solutions FACILM, ,�a� __.__ __.. _ _... __ __.._ Maintenance Tasks Site Gly of Federal Way Ctty Hall } � '33325 Silt Ave S Account Manager- i pate Mese€her Federal Way, WA 98003 - Contact Steve lice€d .._ _ _ Phone_ 253-835--691I _ CAC :COMPUTER ROOM AIR CONDITIONER 'Winter ' [ I CHEEK. t3ELTS ` I _ I CHECK £ONDENSATE PAN PU#P AND TRAP 6 .., ViRRATIONtNOISE _ __. .._I CHECK BOOR t OUTDOOR COL CONDITION m ¢ t _I CHECK_ SUPPLY VOLTAGE I CHECK MOTOR AMPS _.__ - CONTROL SETPOINTS I CHECK CRANKCASE HEATER CHECK OIL LEVEL I,_I CHECK L L Sr3i€T_fiiRSS j CHECK MECHANICAL COOLING SEQUENCE OPERATION - ___.. (...... f CHECK COMPRESSOR INDOOR COL _I TEMPERATURE DROP _....... !. t_I CHECK COMPRESSOR DISCHARGE TEMPERATURE *1 92 #3 I CHECK fOP REFRJGERANfLk4kS {ifISUALj �.. 111 CHECK WATER ECONOMIZER IF EQUIP) CHECK ELECTRIC HEAT d .... _. t j I CHECK INFRARED SULSS .CHECK IU OPERATION _I I CHECK AUTO FLUSH ICHECK DEH..._..,..LROPERATION — �€ I CHECK CIRCULATING PUMP PRESSURES DISCHARGE - ..._. __._ SUCTit}ft CHECK LEAD I LAG i CHECK HOT GAS HEATING CYCLE (IF EQUIP) ! { Energy Efficiency Equipment installation and Services Agreement Exhibit E Energy Efficiency Equipment Installation and Services Agreement Exhibit E Building Performance Assurance 4AAA MacD Mi filer FACILITY SOLUTIONS CAC COMPUTER ROOM AIR CONDITIONER Summer i I CHECK BELTS CHECK PULLEY ME T CHECK CONDENSATE PAN, PUMP, AND TRAP i I ADD PAN TABS CHECK UNUSUAL it�RAT8ON I NOISE i CHECK ZOOM / OUTDOOR COL CONDITION i„ ] CHECK SUPPLY VOLTAGE _ _...... _. _._ _. _.__ _ .-.­---_­1­____...__­­I1CH£CKflrILNt� . _.--- CHECK CONTROL SET PO TS CHECK CRANKCASE HEATER I i j CHECK OIL LEVEL i j I CHECK LIQUID LINE SKRfT GLASS (^ I CHECK MECHANICAL COOLING SEQUENCE OPERATION I j I CHECK COMPRESSOR INDOOR COIL -IE iTEFRATtIi DRO � CHECK COMPRESSOR DISCHARGE TEMPERATURE _ ....._._ _... #1 #2 #3 .. ,.. ..... __.y....._ _ I_I CHECK. FOR. __.,..._ ...... NT LEAKS (VISUAL) NECK CAPACITY CONTROLS CHECK HOT GAS HEATING CYCLE EQUIP} _ CHECK ELECTRIC HEAT (] CHECK WRARED BitLBS CHECK HU MD FER OPERATION .._1 CHECK AUTO FLUSH [ I CHECK DEHUMJDfER OPERATION AL (I ALTERNATE LEAD I LAG Energ}, Effil-wocv Equipment Installation and Services Agreement Exhibit E Energy Efficiency Equipment Installation and Services Agreement Exhibit E AriTrvh Building Performance Assurance MacDonald-Miller FACILITY SOLUTIONS i AacDon It -Miil r FACT "S{?LIr' O MacDonald-Miller Facility Solutions Maintenance Tasks � f Site Federal Way City Balt I s k _7� ...._ _ .. 33325 t Avf S .. .. _l.._ ... ... ... _. .. .. 1Lcceyt�ntana I}aleese€Iler 3 Federal Way WA 38003 � _ ___. 3.. ..€ Ci#t7tclCt Steve Ikerd Phone 253 8'35 69I 1 OC DRY COOLER Fall ( ) CHEEP FAN AMPS ( CHECK VOLTAGE t I I CHECK TE PE ZATURE C OI'ERATh}3I � x CHECK FAM OPERATION ... i I JISPECT CO NDITION OF COQ yj IINSPECTEXPANSIONTANK I I CHECK FOR UNUSUAL VIBRATION AM[} NOISEi CHECK FAN BLADES FOR CRACK ---------- j I CHECK GLYCOL CONCENTRATION CHECKCHECK ELECTRICAi Cf?KWCTIONS - j CHECK CONTACTOR POINTS -. _ .., _ _ _ _ _ _— _ ii I CHECK CONTACTOR POINT VOLTAGE DROP , [ I CHECK FREEZE € 2OTEE iiOiiS r G F DC DRY COOLER Winter i[ I CHECK FAN AiiIPS j I CHt Ili V€1tTA{ I CHEC K TE444 3ERATURE CONTROL OPERATIONS E [ I CHECK FAIT OPERATION ... _ .. _.._ __ ... .......... . i I INSPECT OF COIL ---- —__-__ _.__ _ _, j_] INSPECT EXPANSION TAi __ _ ..._. CHECK FOR UNUSUAL VIBRATION AND NOISE _._— _ - .. ---- _----- __._........ _, ___,_ .. _ _ _ _. I I CHECK FAN BtRUfS FOR (RACKS DC DRY COOLER Spring j ]CHECK FAN AMPS _... .... � CHECK VOLTAGE ._ I i CHECK TEI RATUIRE CONTROL OPERAT�?H I I CHECK FAN OPEFiATiON s i INSPECTCONWXM OF COIL INSPECT EXPANSION TANK _l __.. I f.ICHECK FOR UNUSUALVI�3RATIONANTIIjEt?LSEi CHECK FAN BLADES FOR CRACKS OC DRY COOLER '[Summer j I CHECK FAM AMPS CHECK VOLTA{ ..__ _. _. CHECK Ta4PERATURECONTROL OPERATION I I CHECK CAN OPERATION WSPECT COMMON OF COIL ,_.._. ......_.. ,....-,., _ _ WSPECT EXPANSION TANTE ,.-_ _._ ....- CHECK FOR UNUSUAL VIBRATION AND NOISE! _.........._. ._.. ._.. _....- ........... ... ...z...... I CHECK FAN BLADES FOR CRACKS .... .... ..__ ......... a __...... ... ... . Energy Efficiency Equipment Installation and Services Agreement Exhibit E Building Performance Assurance MacDonald -Miller MacDonald -Miller Face ltv Solutions FACiL" c+tarl* Maintenance Tasks Site: fly of Federal Nay City Haff HP HEAT PUMP Energy Efficiency Equipment Installation. and Services Agreement Account MacDonald -Miller FACILITY SOLUTIONS Date 12 Exhibit r Energy Efficiency Equipment Installation and Services Agreement Exhibit E 6 Building Performance Assurance MacDonald -Miner MacDonald -Miller Facility Solutions F�»S . W_.. _. _ _.. _..._..__.._ _ _.. 3 Maintenance Tasks HP HEAT PUMP Account MacDonald -Miller FACILITY SOLUTIONS Dale __..._ _I`'P'_'ng i� l CHECK BELTS 'I ICHECK w#ULLEYA lGNWNT _ _ .. ____ I, ] CHECK CONDENSATE PAN. PUMP, AND TRAP e _ .. j ]ADD PAN TABS E.CHECK ]iNUSUAL VBRATI04UNGISE _I CHECK 64}OORIOUTDOOR COIL CONDITION j l CHECK SAY VOLTAGE j I CHECK MOTOR ASS I I CtiECK ECON%t= OPERATION j CHECK RELIEF DAMPERS -- j l CHECK CONTROL sET POINTS _ . ( .......CRA€CA x_ HEATER � CHECK L tD LIQ SIGNET &ASS _I CHECK M.A1QCAL COOLING SEQUENCE OPERATION t_I CHECK OUTDOOR TEMERATURE ._ ............ 1-1 CHECK INDOOR CC& TES pERATURE I}RGP Ii __... __ ;t_I CHECK COMPRESSOR DISCHARGE TEMPERATURE_ I_._..... -- ]CHECKFORREfRIGERANTLEAKS 1Si#AL __ ._.... .._... _ I _1 CitE�£if COMPRESSOR SUCTION Lk� TEkiP UEt SUB if.) CHECK EXPA N VALVE SUPERHEAT AND BULB CHECK REVERSP VALVE OPERATION a ......... LUSE SLOWER MOTOR [. I LUBE BLOWER BEARtiGS (IF REOURED) _...C I iECK CAPACf Y CONTROLS _._.._ CHECK SAFETIES PRESSURES HP LP MEGGIOHM MOTORS 10-0 HP OR LARGER _. 111 CHECK ....... ..... _ I CHECK CONTACTOR POINT VOLTAGE DROP i I.._I CHECK BLOWER WHEEL FOR DIRT #.. _..._� CHECK OUTDOOR FAN BISISUPPORTS CHECK EECTRBCAL COiIiECTIOITs _._._.,, . l CHECK FRESH AR INTAKE SCREENS FAIR MORE THAN ONE UWr ANIMOR ONE SYSTEM LIST TEMPERATURES AND PRESSURES BELOW Energy Efficiency Equipment Installation and Services Agreement F Exhibit E site City of Federal Way .......... 33325 Soh Ave- S. Way, WA <, Contact: Steve nerd Phone: Account f4anager: j Date Mesecher HP I HEAT PUMP Summer [ j CHECK BELTS [ ] CHECK PULLEY ADIENT �_-___- - - e....___,._,._, .. _........_.....�.._........_ _._.....W i iCHECK CONDENSATE PA€t P( PAI TRAP gDMDP _ �.....;-._... __._...._._>^l i AIJL PAN TARS [ ] CHECK UNUSUAL VDRATIONNOISE . ___ --- _._ _ _. CHECK INDOORIOUTLDOOR Cid CONDITION } I CHECK SUPPLY VOLTAGE CHECK MOTORAMPS i i I I CHECK ECONOMIZER E�€'EI;Aiit7hJ CHECK iV_L.9Ei DAMPERS�. .. I_._ CHECK CONTROL SET POWTS _...[ CHECK CRANKCASE HEATER CHECK OIL LEVET CHECK I_WD LIE SIGHT GLASS _ .._. I CHECK MEMANICAL COOL. SIEGUENCEOPERATkt}N CHECK INDOOR COIL TEMPERATURE DROP f CHECK COMPRESSOR DISCHARGE TEMPERATURE j ] CHECK FOR REFRIGERANT` LEAKS {VLSttAtt � REVERSING VALVE €)PERATkEihi CHECK FRESH Aft INTAKE SCREENS F Energy Efficiency Equipment Installation and Services Agreement Exhibit E Energy Efficiency Equipment Installation and Services Agreement Exhibit. E Building Performance Assurance MacDonald-Miller FACILITY SOLUTIONS _ - a MacDonald-Miller Milier^Facili y Solutions _ _..__MacDonald ___., I _ Maintenance Tasks Site � of Federal Way City Hall 33325 Stix Ave S = _._ Account Manager ` Gate McSecher� Federal Way WA 3'M3 _.. Contact ' Steve Ike€rt Prone '253-8356911 f HPCU HEAT PUMP CONDENSING UNIT Fal _ !I W01 ] CHECK BELTS ........ . . (} CHECK PULLEY `�'4'EAR � [ j CHECK FOR UNUSUAL VIBRATION AND NOISE� � � j CHECK COQ CE3AH}tiION _ _ VOLTAGE (} CHECK SUPPLY __ I ] CHECK MOTOR AMPS � _ _. _. -__. _... - __ CHECK CRANKCASE HEATER .... CHECK OIL LEVEL CHECK LIQUID LINE SrIiTGLASS ... ]CHECK COOLING„SEf1UENCE t3F ..... OPERATION F DISCHARGE TEMPERATURE DEG.f r. CHECK FOR REFRRANTEEAKS(VISUAL) s t„} CHECK SUB COOLING j CHECK COMPRESSOR SUCMN TEMPERATURE _... i I CHECK SAFETIES _} CHECK COOL94G HEAD PRESSURE CONTROL OPERATION - _ f [ CHECK HEAD PRESWIE HEAT MODE CHECK SUCTION PRESSURE HEATttQiDE _-------- ­­ __--------- _._...� _} LUBRICATE MOTOR BEARINGS (PER MFG SPECS) �[ INSPECT FAN BLADES AND SUPPORTS s ._M. ._._ .... -_........._ (l CHECK SAFETY OPERATION AND SETTING _ _. CHECK ELECTRICAL CONNECTIONS .. CHECK DEFROST CONTROL { j VERIFY OUTDOOR FAN STOPS IN DEFROST MODE CHECK REVERSING VALVE OPERATION HPCU HEAT PUMP CONDENSING UNIT Venter (] CHECK BELTS I -I CHECK PULLEY ALIGNMENT CHECK UNUSUAL V63RATH2NM, OISE —_ __ .. I_i CHECK OUTDOOR COL CONDITION CHECK SUPPLY VOLTAGE � . }CHECK MOTOR AMPS . CHECK CONTROL SETPOINTS j j CHECK CRANKCASE HEATER ;... __............ 1.1-1 CHECK OIL LEVEL _ j CHECK LIGUFO LM SIGHT GLASS f } j CHECK MECHANICAL HEATING SEQUENCE OPERATION CHECK COMPRESSOR DISCHARGE TEMPERATURE DEG F .. CHECK FOR REFRIGERANT LEAKS (VhStiA4 j ;t j CHECK DEFROST CONTROL - _ . CHECK HEAT OPERATION ? .. .._- j VERIFY OUTDOOR FAN IS OFF IN DEFROST MODE (j CHECK REVERSING VALVE OPERATOtI (j CHECK COOL14G HEAD PRESSURE CONTROL OPERATION Energy Efficiency Equipment Installation and Services Agreement Exhibit. E Building Performance Assurance MacDonald -Miller FACILITY SOLUTIONS HPCU HEAT PUMP HPCU HEAT PUMP CONDENSING UNIT Summer Energy Efficiency Equipment Installation and Services Agreement Exhibit E Building Performance Assurance MacDonald -Miller FACILITY SOLUTIONS MacDwal"Ifler MacDonald -Miller Facility Solutions FAWL"SOLUT11 NS-_. _ _ Maintenance Tasks Site: City of Federal Way City Hall 8ttt Aare S. Account Manager: State Federal Way, WA 98W3 _ _ Contact Steve 8cerd Phone. 23-835-6919 RTU __... ._ROOFTOP _ .U._. NIT . BELTS ._.... - (] CHECK CONDENSATE IAN PUMA AND TRAP I I ADD PAM TABS _ .. � I CHECK UNUSUAL V1BRATC7N NOjSE -- - CHECK RfOUTDO R COIL CN..i.DITIN .... ..O (I CHECK SULLY VOLTAGE .. . . SUPPLY MOTOR AMPS #t_, #2 .._ , _�. _ _ _ t l RETURN MOTOR AMPS _. .. . I l CHECK VDGOR COIL TEMP DROP DEG. f !t I CHECK COMPRESSOR DISCH TEMP#4 92 �#3 .f I CHECK ECONOMIZER OPERATION __ _ -[ I CHECK RELIEF DAMPERS I _ -- CHECKCONTROL SET' POWs __ _ I I CHECK. CRANKCASE HEATER _j [ t CHECK t3L LEVET UID LW SIGHGLASS CHA AL COtD #tG SEQUENCE OPERATION `(2 CHECK f{?R REFRIGERANT LEAKS {� _.._.. _._ f_l LUBE BLOWER (IF REGU D)_..... _ __- CK EC CONTROL CALORATTO _ [) CHECK PULLEY NEAR _ I l CHECK MINIMUM Art SE7TIGS {EC(}NQ DAMPERS AND LINKAGE FOR _. BI € G AND LUBE _ -...... __ . .... :t _2 LUBRICATE m -ET VAmE PHOT poNTs i ----- _. — ..__ [ I LUBRICATE RV OT Pr1�rrS s {I CHECK FRESH AIR SCREENS AND CLEAN AS NEEDED ELECTRIC HEAT (F EQUIPPER) ICHECK AMP DRAW CHECK SEQUENCER OPERATION _._. (NECK TEMPERATURE RISE DEGf --. _........ . ....... !GAS HEAT: (IF EQUIPPED) .. .......... _. _ ____..__ [_ 1 CHECK TEMPERATURE RISE DEG F . _...._.._.._. _ _.___ _. _ __._ [ _) CHECK SEQUENCER OPERATION CHECK FAN SW9CH __.... I VISUAL INSPECTION Of HEAT EXCHANGE: Fd .... ---- — _ _._ VISUAL CHECK OF FLUE _ _._. CHECK PLOT SEEING _ CHECK 41API LIE GAS PRESSUfiI "WC [ ICHECK MANIFOLD GAS PRESSURE 'C CLEAN COMBUSTION BLOWER WHEEL ... OIL COMBUSTION BLOWER MOTOR _..........._..... s..., I CLEAN AND AaJUSTIGNITOR EVAPORATIVE CONDENSER t_I CHECK Stl3,IP CEIAtDtT N j CHECK SPRAY PUMP OPERATION DRAIN AND SECURE PUMP IF REQUIRED - -__ - - l I CHECK AUTO FILL VALVE OPEIZAT3ON - - t I CHECK SUMP HEATER Energy Efficiency Equipment Installation and Services Agreement Exhibit E Energy Efficiency Equipment Installation and Services Agreement Exhibit E Building Performance Assurance NIIIIIIIIIIIIIIIm- MacDonald-Miller FACILITY SOLUTIONS t tacconSOMO ler FAMITYS__-MacDonald-Miller Facilltv Solutions Maintenance Tasks site: City of Federal Way Cdty Hall 33325 81 Ave.Account Manager _. Federal Way, WNA 9€ 003 ..i_ _ _._Dale Contact_Steve *erd Phone 253-835-6911 } 3 RTU ROOFTOP UNIT spring [_ I CHECK BELTS ...... ........I if CHECK CONDENSATE PAN, PUMP AND TRAP _ ._.. - I I ADD PAN TABS �VBRATONINOISE it I{�CKUNUSUAL CHECK Oft COIL CTN CHECK SUPPLY VOLTA£ -------­--­------ [ I SUPPLY MOTOR RETURN MOTOR ALPS #1.._ #2_, — __ _..... _..._ .._.- - _ . ; .-. . _ . I_I CHECK ECONOMEEER OPERATION [ l CHECK RELIEF OAMPERS CHECK CONTROL SET POINTS CHECK CRANKCASE HEATER CHECK OL LEVEL o _ _...... _ __. _ _ _._.____ .. _._ . __. [ I CHcK i LSE Six r ........ ........... CHECK MECHANICAL COOLING SEQUENCE OPERATION __._._ . . CHECK INDOOR COITEMP. DROP DEG.f I 1 CHECK OPERATING PRESSURES Energy Efficiency Equipment Installation and Services Agreement Exhibit E Energy Efficiency Equipment Installation and Services Agreement Exhibit E Building Performance Assurance MacDonald -Miller FACILITY SOLUTIONS ............ MacDonald -Miller MacDonald filler Facility Solutions ----- __. . __._ ._ _._ __ __......... ......... _---- _ ____ Maintenance Tasks Site C* of Federal Way C1f Hall _ 33326 8#I Ave S. _. _ Account Manager £ Dale Mesecher ... .... _ _ _.. _ Federal Way, WA 98003 _ { Contact Steve Ikerct Phone :253-835-6911 :RTU .ROOFTOP UNIT j Summer ; [ D CHECK BELTS j D CHECK CONDENSATE PAM, PUMP, AND TRAP DA 13 PAR TAOS CHECK UNUSUAL VERATIONIHOISE j CHECK INDOOI IOUTDOOR COIL C€)I+ MIFI N VOLTAGE---__._. _.__ . DFY Y MOTOR AMPS #9 #2 _ _.._.__.... #4 . ___.___......... __,._... _..-_-_.. #2 TURN hFOTO AMPS X1_*2__ D CHECK ECON0M2FR OPERATION _. { D CHECK RELIEF DAMPERS .._ .. ( D CHECK CGNTROL SETPOINTS � CHECK CRANKCASE HEATER CHECK OILLEVEL I D CHECK LIQUID LINE SKIT GLASS ( I CHECK ECHA.N'ICAL COOLING SEQUENCE OPERATOR s _. _. CHECK INDOOR COIL TEMP DROP DEG F ---- ._ CK COMPRESSOR DISCHARGE TES #1 #2 #3_ _ __ I D DECK FOR R£FRANTLEAKS {VISUAL} SCREENS_ - ----- CHECKtFD LEANSCHA VANE OPERATION _. _ CH [ D ECK NOT GAS SYPASS OPERATION I,LUBE INLET VANE PIVOT POINTS __ ._ ..._ _ -_ _ t I D LUBE ilAtvIPER PHOT P- 0 TS Energy Efficiency Equipment Installation and Services Agreement Exhibit E Building Performance Assurance MacDonald -Miller FACILITY SOLUTIONS FAMU-NSOWMNS MacDonald -Miller Facility Solutions Maintenance Tasks ........... city Ci I . .... tats 33358>ttAve S Account Man:sger� Bate _. _ Federal Way WA 38003 .. Contact Steve Ikerd Phone: 25.3-835-6911 _ VAV VAV TERMINALUMT VAV s VAV TERMINAL UMT Fall if I calm FOR ji iSUAL VERArAm Atli Energy Efficiency Equipment Installation and Services Agreement Exhibit E Building Performance Assurance MacDonald-Miller FACILITY SOLUTIONS .., . __. . _. _.. _a MacE" Miller LUTIONS MacDona d-Mi1t[er Facility Solutions __ _ ____._. _.__ Maintenance Tasks Sate City Of Federal Way _..__. 133325 8th Ave_ S. Account Manager ~Date Mesecher' Federal Way, A 98003 Contact: Steve tkerd ..._...... _ Phone F53 83811 .. � ....... .. ......... Ct�fT 'TRitltiRi AX PIS °FALL __. .... SYSTEM PERFORMANCE REVIEW ._.._.... ;. _ .. .... ___ ... ... j ] CHECK ISR ACTUATORS FOR PROPER OPERATOI t ... ._,.. _. --.-._— _,. _ . I CHECK VALVE RATION { ] BACK UP DATA BASE ON LOCAL PC AND SAVE ON SERVFR DENTFYSERVICE REPAIR OR PERFORMANCE PROBLEMS __.� _. ._. _._ INTERVIEW BLOC CONTACT AND SERVICE TECH FOR SYSTEM EQUIPMENT,SCHEDULE AND SOFTWARE ADOS MOVES CHA 3ES ... _.__ _ AD SERVICE ISSUES UPDATE SITE MAT ON SHEFTAI H DENTIFED CHANGES _..___... _._ . _ __ — {)CHECKA140 VERIFY ._ �._ _ _. MS Id MANUAL, ALARtd i COM FAIL ETC... CHECK AND REVIEW ALARM LOBS _._ NECK AND REVIEW TREND LOGS a __ _ T) GATHER AND REVIEW OVERRIDES P$ SYSTEM CONTROL. HARDWARE & SOFTWARE FUNCTION REVIEW _ { ] CHECK AND VERIFY LAN COMMUNICATIONS 7 CHECK AND VERIFY MODEM f.ALI_ II 1 CALL OUT CHECK AND VERIFY DAYLIGHT SAVINGS AND HOLIDAY SCREDUL 41 CHECK AND V&WY EQT RUN SCHEDULES _ ._ _ _ { I CHECK AND VERIFY COMMON EQT SET POWTS Atli CONTROLTmm..___ .. ........... .... . ..... _ .__. { SYSTEM CONTROL HARDWARE 8 SOFTWARE FUNCTION MAINTENANCE CHECK AND CALIBRATE COMMONS EQUIPMENT PRIMARY SENSORS AND TRANSDUCERS _ ._.. ..._. _.._. _..... CHECK AND REPLACE CONTROLLER BATTER (S) WHERE APPLICA HVAC SYSTEM ADMINISTRATION _ I l REVIEW AND VERIFY FUNCTION OF EXIST GRAPHCS se F REVIEW SYSTEM O 2A MING AND SEQUENCES € f OPERATION { t REVIEW OVERALL FI'�Rr,Y i�AAIAG£I�tEttT t�PPLICJ3T#OIQS Energy Efficiency Equipment Installation and Services Agreement Exhibit E Energy Efficiency Equipment Installation and Services Agreement Exhibit E Building Performance Assurance MacDonald-Miller FACILITY SOLUTIONS MacDonald-Miller Facility Solutions._. ............... ......... Maintenance Tasks Site: City of Federal Way _ _ 33325 Ave s _.__...... ._ . _._... _. ___ ._... _ _ w Account manager.;..._ . Date esecFter _ .._ _ _.. __.__ .... _..... ;Federal Way, WA 9803 ..... ..... ... Contact:!we Ikerd .___.. __. ............ '__ __ .... Phone ....._.. ......... .... .. .....i _..... ^253--835-6911 CHT TR]DIU d AX Phi _. .__.... .... _.. ...... ...._. _. .. .. .^x __ _ . sSYSTFM PERF REVIEW ..... ._.__ _... ... .... .. - .... ..._. _ __. [ j CHECK_ ROU4 ACTtJAT(RS FOR PROPER OPERA-MIN .... _ ....... . [ j CHECK VALVE OPERATION SACK UPDATA BASE ON LOCAL PC AND SAVE ON SERVER IDENTIFY SERVICE REPAIR OR PERFORMANCE PROW-EMS INTERVIEW BLDG CONTACT AND SERVICE TECH FOR SYSTEM EQUIPMENT SCHEDULE AND SOFTWARE ADDS MOVES CHANGES _ AND SERVICEASWES .. .. .. ....... _ _. __ ... _ .__ [. j UPDATE, SITE INFORMATION SHEET WITH IDEt EO CHANGES _.___ _. _. _...._ . _ .................. [ 1 CHECK AND VER=Y MANUAL ALARiI, COM FAIL ETC CHECK AND REVIEW ALARM LOGS I, l CHECK AND REVIEW TREND LOGS ._ _. _ _. GATHER REVEW OVERRIDES _ .. ,.. ........ _. __...._. .... ........................... SYSTEM CONTROL HARDWARE & SOF IINARE FUNCTION REvIEw I. f _ CHECK AND V Y�' LAIN COMMUNICATIONS j j CHECK AND VERIFY MODEM CALL IN /CALL OUT j CHECK AND VERIFY DAYLIGHT SAVIMGS AND HOLIDAY SCHEDUL I [ I CHECK AND VERIFY EQT RUN SCHEDULES __ - . __ ._ _. mt.. CHECK AND VERIFY COMMONE€1T_ � POINTS Atli CONTROL . +. SYSTEM CONTROL HARDWARE & SOFTWARE FUNCTIONS MAINTENANCE _ _._ -___.____._ ___- [ j CHECK AND CALIBRATE COMNaIOPE EQUIPMENT --- ----------- SENSORS AND TRANSDUCERS RE APPLICA 1 CHECK APS? REPLACE CONTROLLER SATTERYIS) W PLICA ­­-----...._ ; HVAC SYSTEM ADMINISTRATION _. .__. ._. AND VERIFY Ft NOTION Of:EXISTS GRAPHICS SCREE [ REVIEWFUNCTION REVIEW SYSTEM PROGRAMMING AND SEQUENCES OF OPERATITN REVIEW OVERALL ENERGY MANAGEMENT t-"PPLICATiikNS Energy Efficiency Equipment Installation and Services Agreement Exhibit E Term of Agreement ("Term"): 5 years Preferred Customer Service Rate: $115.00 per hour Customer Primary Contact: Mr. Steve Ikerd Phone: 253.835.6911 -Fax: 253.835.6909 Cell: 253.835.6911 E-mail: steve.ikerd@cityoffederalway.com Contractor PrimaryContact: Mr. Dale Mesecher Phone: 253-680-3164 Fax: 253-680-3165 Cell: 206.571.3803 E-mail: dale.mesecher@macmiller.com Contractor 24 -Hour Service: 800.962.5979 V Energy Efficiency Equipment Installation and Services Agreement Exhibit G RESOLUTION NO. 10-581 A RESOLUTION of the City Council of the City of Federal Way, Washington, authorizing the City Manager to negotiate a performance- based contract for energy services pursuant to RCW 39.35A.040. WHEREAS, the City has obtained a Washington State SEP Loan in the amount of $223,000 to be used on energy saving projects; and WHEREAS, Chapter 39.35A of the Revised Code of Washington (RCW) sets forth a municipality's option for obtaining a performance-based contract for energy services; and WHEREAS, the City Council finds that it is in the best interest of the citizens that the performance-based contract process be utilized to find a energy services contractor to make the most of the load funds; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Performance-based Contract. The City Council hereby authorizes the use of the performance-based contract process as outlined in Chapter 39.35A RCW for advertising, selecting, and negotiating a performance-based contract with an energy services contractor. _ Section 2. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 3. Corrections. The City Clerk and the codifiers of this resolution are authorized to - make necessary corrections to this resolution including, but not limited to, the correction of Resolution No. 10-581 Page I of 2 --aqp rte,.. ,�� �•-m -.w ...,: o _ .r..ocy w '� OD v o��o m a ..o o ., r] -- <? � 70. � O 7 .a « �e �_ o : o e v oo- a� o. -.p. c�r . �.. . . scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 5. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY . COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this 20 day of April, 2010. CITY OF FEDERAL WAY 0 OR, LINDA kOCBMAR ATTEST: . CITY CLERK, CAR L mqftiny, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: 4/13/2010 PASSED BY THE CITY COUNCIL: 4/20/2010 RESOLUTION NO.: 10-581 Resolution No. 10-561 Page 2 of 2 =L7c�=„7o-ov--� �3 C7c',x o �u*� oo- OrJ Foci ooc :-a CJa �%•• ��a• c?+n- ��;�=.=""opo- c=J c'o�o�'-y' OC�j-o-�o.Tv O �7 Or�.��o� EXHIBIT G PRICING & FINANCIAL ANALYSIS Pricing Summary: Description Price Replacement of RTU -1 (75 ton), RTU -2 (75 ton), RTU -3 (10 ton) and installation of an additional unit to serve the G.A.C. Room. $257,850.00 HVAC control system upgrades & enhanced control sequences of operation. $109,546.00 Project development and engineering. $25,000.00 Preventive Maintenance Services (Annual) $24,244.00 Energy Management Services (Annual) $8,000.00 Financial Sumary: of Federal Warr, Citi Hall EE cared bv: Perry Enaland 1 'Total equipment & installation 2 ;Applicable state & local taxes 3883.._. 3833_. _.. 3833__ 3 °Construction Interest, estimated 4 Construction contingency _ 8888 5 ,Financing interest & fees 6 ,Total Equipment installation cost 7 -Utility ive incentestimate 8 .,Contractor net pnce_to Cust omer 9 ,Annual preventive maintenance services ._.... W _. 10 `Annual energx management seances 11;Total annual Services, year 1 _ . _ ........ 3883.. 20JECT ECONOMICS SAVINGS & OPERATI 12 Annual guaranteed energy cost sav+ngs 13 ?Avoided Equipment repairs 14 ;Annual estimated Equipment maintenance s_ . _ ... 3388 15 Total estimated avoided costs, year 1 11/30/20101 $32,244 1b ,rsrmpre payoacx atter incentives9 _.. 79; 17 ,Construction period months _.. _.._..._._.. __ ........ ;_. 5 ..._..... _...._._ 3838.. 18 =Energy price estimated escalati_.388.on, adjusted annually . 8 _ . _ 5 00%( 19 'Servicesrice on, aY escalation, annuals P adjusted 3.00%; .......... 3338 3338. 8888 ___ . iPROJECT FINANCING & TERMS 20 Total Egwpment installation costs after incentims $387,5 6 8 21 Total annual Sees, ear 1 ancye - $32 2 4 _. .._ _. _._ _. W 22 Customer contribution ARRA EERE Grant _ 8388. 3338_ _ _ $415,147 8883. 23 Net after Customer contribution, year 1 ( ($4,665)': 24 >Term of Agreement, years 8888 _- .--- .._..___.., ............... CASHFLOW PROJECTIONS � _ Year 1 Year 2 i Year 3 Year 4 Year 5 Totals 25 'Customer Guaranteed Energy Cost Savings 8838 _ >. $30,000 $30,000 $30,000: $30,000 $30,000 $150,000 .€ 26 =Customer Net Estimated Avoided Energy Cost $0 __11 $1,500 , $1,575 $1,654 .111, $1,736 $6,465' 27 Customer Avop ided Maintenance & Repair Costs _ _ 8388_ _. . _ ..._ ... $50,000 $5,150 $5,305 $5,464 $5,628 $71,546 28 Total Customer Estimated Annual Cost Saving Customer Estimated ...nu .. _ $80,000 $36,650 ; $36,880 $37,117 $37,364 $228,011 29 _. 3O_88 _ , 30 Customer Annual Services Payment $32,244 $33,856 $35,549 $37,326 $39,193 $178,168 31 32 ;Net Customer Savings $47,756 $2,794 $1.330 ($209) ($1,829) $49,842 Energy Efficiency Equipment Installation and Services Agreement Exhibit G r November 29, 2010 Steve Ikerd Maintenance Director City of Federal Way Re: PSE Conservation Grant — City of Federal Way - City Hall - HVAC & Controls Dear Steve: Enclosed is Puget Sound Energy's Conservation Grant Agreement (#C-09526) for the following energy efficiency improvements located at City of Federal Way, City Hall, 33325 8TH AVE S, FEDERAL WAY, WA 98003: HVAC upgrade of 2 RTUs and HVAC controls upgrade PSE analysis indicates the following: Included with the grant agreement is an attachment that describes the conservation measure(s), specifies how the installation will be verified and lists documentation required for payment. Please reference the attachment for specific project requirements. Failure to comply with these requirements may result in forfeiture or reduction of grant payment. I would like to have a conversation with you, Dan Freyling and his control tech to review the requirements. Please sign, date and return the enclosed grant agreement with attachment within 30 days. You may send an electronic copy to me or send by mail to: PSE, PO Box 90868 EST 10-W, Bellevue, WA 98009-0868. A copy of the fully executed agreement will be returned to you after we receive this signed agreement. The grant is a bit more than we estimated. If you have any questions, please contact me by phone at 425-462-3652 or by e-mail at holly.townes@pse.com. Thank you for participating in Puget Sound Energy's conservation programs. Hope you have a wonderful holiday season. Sincerely, �tLtWtrlll.. Holly Townes Enc: Attached electronic copy of PSE grant agreement with attachment. PUGET SOUND ENERGY The Energy To Do Great Things CONSERVATION GRANT Agreement No. C-09526 Project No. 083-7870 Conservation Schedule E250 This AGREEMENT is made this day of , 201 by and between PUGET SOUND ENERGY and City of Federal Way ("Participant"). RECITALS A. Under Puget Sound Energy's Electric Schedule 83 and Gas Schedule 183, as currently in effect and on file with the Washington Utilities and Transportation Commission, Puget Sound Energy offers grants for electricity and natural gas conservation measures installed or implemented at facilities that receive electric or natural gas service from Puget Sound Energy. B. "Participant intends to install or implement conservation measures and is requesting a grant from Puget Sound Energy under its filed Electric Schedule 83 and/or Gas Schedule 183 tariffs. AGREEMENTS I Puget Sound Energy and Participant agree as follows: 1. Premises. Participant will install or implement the conservation measures listed in paragraph 2 ("Conservation Measures") at the facilities located at 33325 8TH AVE S FEDERAL WAY, WA 98003 — CITY HALL (the "Premises"). Participant represents either (a) that it is the owner or contract purchaser or otherwise has the lawful authority to make the statements herein on behalf of the owner or contract purchaser of the Premises, or (b) that it is the lawful tenant of the Premises and that it has obtained written authorization from the owner or contract purchaser of the Premises. 2. Conservation Measures. Participant represents that it will purchase equipment or materials or has entered into an agreement or will enter into an agreement with a contractor or contractors (the "Contractor") for the purchase and installation or implementation at the Premises of the Conservation Measures, which may be detailed in Attachment D: Attachment to Conservation Grant, at the indicated costs, summarized below. Conservation Measure Total Cost of Eligible Measures Life Conservation Conservation Measures Grant HVAC Unitary equipment 15 $240,900.00 $15,000.00 HVAC controls only 10 $58,060.00 $27,106.00 TOTAL (includes sales tax) $298,960.00 $42,106.00 Participant represents that the total cost of the Conservation Measures, if identified above, is the full amount of its obligation, after adjustment for any discounts, credits or non—PSE incentives offered_ 3. Grant_ Subject to Puget Sound Energy acceptance, Puget Sound Energy will grant the Participant, after installation of the Conservation Measures, an amount equal to the Eligible Electric Schedule 83 and Gas Schedule 183 Conservation Grant (the "Grant") as identified above, provided, however, that such Conservation Measures must be installed, and Grant paid within 24 months or less of the signing of this Conservation Grant Agreement. If for any reason the cost of the Conservation Measures is actually less than shown above, Puget 4386 10108 Page 1 of 3 C-09526 PUGET SOUND ENERGY The Energy To Do Great Things CONSERVATION GRANT Sound Energy may decrease prorata the amount of the Grant. Participant shall be responsible for paying any amount in excess of the amount of the Grant. 4. Separate Contract. The purchase and installation of the Conservation Measures shall be pursuant to a separate contract between Participant and Contractor. Puget Sound Energy is not, and shall not be deemed to be, a party to any purchase or installation contract. All obligations to any Contractor pursuant to any such contract shall be Participant's responsibility. Participant expressly acknowledges that Puget Sound Energy's involvement with respect to the Conservation Measures, including but not limited to any energy analysis or inspection by Puget Sound Energy of the Premises or the Conservation Measures, is solely undertaken in connection with furnishing the Grant. 5. The types of materials, methods of installation, quality and timing thereof, and any warranties with respect to the Conservation Measures or their installation at the Premises, are matters to be agreed upon solely between Participant and any Contractor. PUGET SOUND ENERGY HAS NOT MADE AND DOES NOT MAKE (AND PARTICIPANT ACKNOWLEDGES THAT PUGET SOUND ENERGY DOES NOT MAKE) ANY IMPLIED OR EXPRESS WARRANTY (INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS) REPRESENTATION, OR PROMISE WITH RESPECT TO EITHER (A) THE CONSERVATION MEASURES, (B) ANY MATERIALS AND LABOR REQUIRED FOR OR USED IN THE INSTALLATION OF THE CONSERVATION MEASURES, OR (C) THE INSTALLATION OF THE CONSERVATION MEASURES. 6. Release. Participant releases Puget Sound Energy from any and all claims, losses, harm, costs, liabilities, damages and expenses directly or indirectly resulting from or in connection with (a) the Conservation Measures, (b) any materials and labor required for or used in the installation of the Conservation Measures, (c) the installation of the Conservation Measures, or (d) the identification, handling and disposal of any associated hazardous waste materials. 7. Disclaimer. Puget Sound Energy conducts energy analyses at the request of its customers to determine the extent to which conservation measures are cost—effective. Any estimate of energy savings made by Puget Sound Energy in connection with any such analyses is solely for the purpose of determining the cost— effectiveness of the particular conservation measures and not to be used for any other purpose. Puget Sound Energy has not and does not make any promise, warranty or representation with respect to any savings in energy consumption from Conservation Measures. 8. Termination. In the event a Participant's contribution to Puget Sound Energy's (PSE) recovery of energy efficiency program costs is affected by all or a portion of Participant's electric and/or gas delivery service being provided by a party other than PSE, then Participant shall refund to PSE an amount equal to the ratio of the unused Measure Life of the measure(s) to the total Measure Life of such Conservation Measure(s) multiplied by the dollar amount of the Grant with respect to such Conservation Measure(s). 9. Incorporation of tariffs by reference. This Agreement and the Attachment To Conservation Grant are subject to the terms of the filed Electric Schedules 83 and Gas Schedules 183 tariffs, which are incorporated herein by this reference. Further, specific terms and conditions from one or more Conservation Schedules (including but not limited to: Electric Schedules 217 (Multi -Family Existing Structure); 218 (Multi -Family New Construction); 250 (Commercial and Industrial Retrofit Program); 251 (Commercial and Industrial New Construction Efficiency); or 258 (Large Power User Self Directed Program) and Gas Schedules 205 (Commercial/Industrial Retrofit Program); 217 (Multi -Family Existing Structures); 218 (Multi -Family New Construction); or 251 (Commercial/Industrial New Construction Efficiency) may also apply. Puget Sound Energy will determine, at its sole discretion, which Conservation Schedule or Schedules apply. This determination will be based on, but not limited to metering type, construction type, building size, Puget Sound 438610/08 Page 2 of 3 C-09526 PUGET SOUND ENERGY The Energy To Do Great Things CONSERVATION GRANT Energy experience and other industry standards. The applicable Schedule or Schedules number or numbers appear in the title of this Agreement above. A complete list of conservation Schedules is available at: http://www.pse.coni/i.nsidePSE/ rateregin.formation/Pat;es/Default.asp. 10. Entire Agreement. This Agreement sets forth the entire agreement between the parties and supersedes any and all prior agreements with respect to the Conservation Measures. No change, amendment or modification of any provision of this Agreement shall be valid unless set forth in writing and signed by both parties. PUGET SOUND ENERGY By: Name: David Landers PARTICIPANT By: Print Name: Title: Mgr., Energy Efficiency Services Title: Federal Tax I.D. No.: 438610/08 Page 3 of 3 C-09526 PUGET SOUND ENERGY The Energy To Do Great Things ATTACHMENT TO CONSERVATION GRANT Agreement No. C — 09526 Project No. 083-7870 Conservation Measure(s) shall consist of the A. Install two 75 -ton rooftop units (RTU) DX cooling only, with 3rd party rated efficiencies of 9.7 EER and 11.0 IPLV or greater. B. Install DDC controls with new graphical user interface based on the proposal submitted by MacDonald -Miller dated 10126/10 with control features listed below. Contractor shall provide, for pre -approval by owner and PSE prior to implementation: proposed schedules and set points, drawings with control sequences and points list and written verification procedures [point-to-point, functional performance testing procedures (FPTs) and final trends] for all sequences installed. Control features shall at least include: 1. Optimum StartJStop and night setback with OSA closed and RTU off at night unless economizing 2. Supply Air Reset based on actual cooling load using a minimum of 2 zones 3. Integrated Economizer with compressor lock -out 4_ Minimize auxiliary heat use in heat pump:lock-out aux heat above 35-40' outside air temp. anticipate need for heat with compression heating as 1st stage of heat particularly for start-up & night set -back. 5. Duct Static Pressure Reset using a minimum of 2 zones to determine actual demand 6. Schedules and set points for zones and HVAC equipment (7 days/week plus holidays) 7. Mechanism for easy override of HVAC units for evening meetings with automatic release to return to regular schedule and prevent units from running after hours when not needed. 8. Scheduling of exhaust fans off with associated air -handler so they do not all run 24/7 C. Contractor shall provide a Systems Manual for building operator, including HVAC schematics, written overview of system including integration, control sequences, operating schedules, set points including minimum outside air and reset schedules, & procedures for verifying functioning of controls. D. Contractor shall provide training for building operator in the proper and efficient operation and testing of the ' building controls. The Systems Manual shall be used as a reference during this training. E. Contractor shall provide a test and balance report which includes how the maximum and minimum duct static set point was determined to minimize energy use; a check of building static in various modes of operation (to include when each exhaust fan is turned off) to assure a slightly positive building static, and check of the minimum outside air set point in various modes of operation. The above specifications are solely for the purpose of defining energy-related components of Conservation Measure(s) for which the Grant is offered. Puget Sound Energy is not responsible for ensuring the health, safety, comfort, or well-being of workers or facility occupants or the suitability of equipment selected for the intended application. It is the responsibility of the grant Participant and the Participant's hired designers, contractors, consultants to ensure compliance of the Conservation Measure(s) with Participant's needs and all applicable codes and standards. The following shall be submitted by Participant prior to Grant payment: ❑ Completed Request for Taxpayer Identification Number ("Form W-9") or Assignment of Funds Form (assigns grant Payment to Contractor). 0 Copies of invoicing (no purchase orders, quotes, or estimates) for all expenses, including but not limited to equipment, materials, and labor associated with installation of Conservation Measure(s). ❑ Completed PSE Lighting Waste Disposal Form 3738. ❑✓ Other (specify): 1. Owner and PSE shall review and approve schedules, set -points, control sequences, points list, and functional testing procedures prior to completion, 2. System Manual is on-site for PSE review. 3. Provide FPT documentation and trends to PSE in accord with ore -approved Procedures. Trend shall include data points and summary ,graphs and provided through web access for PSE. 4. Written documentation and owner's on -s to demonstration of adequate training(See D. next page). 5. Test and Balance report with itenIs listed in E above and next Nage. 4385 C"03 PUGET SOUND ENERGY The Energy To Do Great Things ATTACHMENT TO CONSERVATION GRANT Conservation Measure(s) shall be verified as follows prior to Grant A. Contractor shall verify proper installation and operation of the DDC controls to PSE and Owner: following the pre -approved functional performance testing (FPT) procedures to erasure that control device and components are calibrated, adjusted and operate in accordance with approved sequences of operation. Trend data, as well as FPTs, will be required, to check actual operation schedules, optimum start, night setback, duct static and building static controls. Trends must be both in raw data and graphic form with appropriate points to demonstrate proper operation of all HVAC sequences. Data must be taken at exactly the same time. After verification results are provided showing system is operating correctly, PSE will do a site visit and any verification test procedure may need to be repeated. Controls contractor must be present to run through these tests. B. Functional Performance Testing and trends for verification shall be pre -approved by PSE prior to implementation. Completed tests with results shall be provided. C. Contractor shall provide a Systems Manual for PSE to review during on-site inspection which includes written overview of systems operation including interaction, HVAC schematics. set points list, controls sequences, operating schedule, efficient set points and procedures for verifying the functioning of controls (blank FPTs). D. Contractor training of operations staff in proper operation of building controls shall be verified through written documentation of times and hours of training and an on-site inspection of the new control interface in which the owner's building operator shall: • Describe the training received from the contractor. • Describe the FPTs that were conducted and review the FPT test reports with PSE. • Show PSE the applicable sections of the System Manual for the features added. • Demonstrate the ability to display and set normal and temporary schedules and set points. • Describe how the system controls to provide duct static reset, DAT reset, optimum start, economizing, auxiliary heat lock -out, exhaust fan schedule, night setback and warm-up. • Demonstrate procedures for verifying proper functioning of controls features. • Demonstrate setting up trends of simultaneous points and viewing graphs and data. E. Test and Balance Report shall be provided showing procedures and results for: • Duct static pressure set points (high and low) for energy efficiency. • Building static pressure verification as each exhaust fan turns off. • Minimum outside air cfm settings and verification. F. PSE shall conduct a site visit to verify installation of BTUs with required efficiency. If intended energy savings are not being achieved by Conservation Measure(s) because specified equipment efficiency parameters or performance parameters defined above are not used, Participant shall be required to correct such deficiencies prior to Grant payment. Failure to comply with specified equipment efficiency or performance parameters may result in forfeiture or reduction of Grant payment. By: PUGET SOUND ENERGY PARTICIPANT By: Name: David Landers Print Name: Title: Mgr., Energy Efficiency Services Title: Federal Tax I.D Na: By: Name: Title: a'sas c jos PAGE 2 OF 2 C-09526 COUNCIL MEETING DATE: N/A ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 800 MHZ RADIO UPDATE POLICY QUESTION: None COMMITTEE: Parks, Recreations and Public Safety Committee MEETING DATE: Dec 14, 2010 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution X Other - Information STAFF REPORT BY: Commander Melanie McAllester DEPT: Police Attachments: Staff Report — 800 MHz Radio Performance Update Options Considered: No Action Required STAFF RECOMMENDATION: MAYOR APPROVALA U Conmuttee Council COMMITTEE RECOMMENDATION: I move to forward (fill in date) consent agenda for approval. DIRECTOR APPROVAL: Committee Council to the Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of BELOW TO BE COMPLETED BY CITY CLERKS OFFICE, COUNCIL ACTION: ❑ APPRO'VED COUNCIL BILL # ❑ DENIED ISTreading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: December 14, 2010 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Brian J. Wilson, Chief of Police FROM: Andy Hwang, Deputy Chief of Police SUBJECT: 800 MHz Project Update Background The King County regional 800 MHz trunked radio system was approved by voters in September 1992. The primary purpose of the system is to provide emergency radio communications services for all the police, fire, emergency medical services, public school districts and public hospitals within King County. The system consists of several subsystems joined together by electronic switching equipment. Each subsystem has been implemented by what is called a sub region and the City of Federal Way is part of the King County — Valley Communications sub region. Central coordination for the regional system is provided by the King County Regional Communications Board. When the Federal Way Police Department (FWPD) began providing police services in October of 1996 the 800 MHz system was in place. Police officers experienced reception and transmission problems in parts of the City from the onset; some measures were taken to impact poor reception, but finally in 2005 due to officer safety concerns FWPD started to aggressive.pursue a systems fix to the poor reception/transmission issues. Andy Hwang was the project manager for FWPD and he began working with Mark Morgan of Valley Communications, and a representative from King County Radio Communications Services (KCRCS). Several tests of the system were conducted in 2005 and 2006 with the conclusion being that FWPD Sector 1 has low levels (low density) of usable radio signal. This results in inability of users/dispatch centers to communicate effectively. King County Radio Communications Services continued to conduct tests, review data, and consult with outside engineer firms from September 2007 until October 2008, when the City of Federal Way Mayor, Jack Dovey, sends a letter to King County Executive, Ron Sims, requesting immediate assistance. In January of 2009 King County Radio Communications recommends that a funding source is sought for six million dollars that will be necessary to implement an infrastructure solution (new simulcast site) to improve signal strength. Next Steps 0 FWPD will perform recommended maintenance to portable radios. KCRCS has agreed to split the costs of this maintenance. Maintenance should be completed in the fourth quarter of 2009. ➢ A JAG grant was secured to pay for the City's portion of the radio maintenance expenses. The grant funds became available at the end of 2009. The radio maintenance was conducted during 2010 and completed in September of 2010. ➢ Officers report no significant change in reception quality in Sector 1 after the completion of the radio maintenance program. • FWPD will offer to replace current portable radio equipment with recommended dipole antennas and public safety microphones. Costs will be determined after the number of replacements is determined. The goal is to absorb this cost in the 2009 and 2010 department equipment budget. ➢ A JAG grant was secured to pay for the City's portion of the radio maintenance expenses. The grant funds became available at the end of 2009. Officers were provided an opportunity to replace their existing antennas and/or radio microphones. Most officers selected not to exchange their equipment due concerns about the comfort of the dipole antennas and no marked improvement in radio reception. • KCRCS will continue to pursue the infrastructure solution that was recommended by KCRCS. ➢ Reconfiguration of antenna systems at site near Federal Way. However, preliminary results of a current study show nothing will significantly enhance coverage in Sector 1. ➢ Leverage of City of Tacoma Simulcast Site located on Indian Hill (just south of sector 1) after new central switching equipment and interoperable gateways are installed in Tacoma and King County radio systems. This may be available as a secondary communications means in late summer 2011. ➢ On-going effort to locate funding for installation of a new 800 MHz radio site near Federal Way Sector 1. • The regional Next Generation Radio System Project is underway. The charter for this project specifically addresses coverage issues in Federal Way and other localities. The forecasted completion of this project is 2014-2016. 2 COUNCIL MEETING DATE: December 21, 2010 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: DRY CLEANING CONTRACT BETWEEN EMPIRE CLEANERS INC., DBA JOHN'S CLEANERS AND THE CITY OF FEDERAL WAY, WASHINGTON FOR THE POLICE DEPARTMENT UNIFORM DRY CLEANING SERVICES. POLICY QUESTION: Should the City of Federal / Federal Way Police Department enter into an agreement with Empire Cleaners Inc., DBA John's Cleaners for Police dry cleaning services? COMMITTEE: Parks, Recreation, Human Services and Public Safety MEETING DATE: Dec. 14, 2010 Council Committee - (PRHS&PS) CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Steve Neal, Commander DEPT: Police Attachments: 1. PRHS&PS Staff Memo 2. Two bids for dry cleaning contract. Options Considered: 1. Accept the bid from low bidder (Empire / John's Cleaners) for dry cleaning contract. 2. Accept the bid from high bidder (Best Campus Cleaners) for dry cleaning contract. STAFF RECOMMENDATION: Staff reco CITY MANAGER APPROVAL: /p, Option #1 DIRECTOR APPROVAL: Council COMMITTEE RECOMMENDATION: I move to forward the proposed Empire / .John 's Cleaners to the December 14, 2010 Council consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Empire Cleaners Inc., DBA John's Cleaners, and authorize the Mayor to sign the Agreement." BELOW TO BE COMPLETED BY CITY CLERKS OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: December 14, 2010 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Brian J. Wilson, City Manager/Chief of Police FROM: Steve Neal, Administrative Commander SUBJECT: Dry cleaning Agreement between the City of Federal Way and Empire Cleaners Inc., DBA John's Cleaners for dry cleaning services. Background The City of Federal Way currently has a police dry cleaning contract with West Campus Cleaners that is coming to an end in 2010. The current provider did not submit a bid for the upcoming contract. We received two new bids for the services. The annual Custodial & Cleaning budget for police is currently $16K. The City Of Federal Way received bids from Empire Cleaners Inc., DBA John's Cleaners out of Shoreline, Washington, and Best Campus Cleaners out of Federal Way, Washington. Based on the review of both bids, Empire Cleaners Inc., DBA John's Cleaners showed a significantly lower cost for the indicated services: John's Cleaners also supplied information showing they currently provide services to; Kirkland Police, Redmond Police, and Everett Police Departments. The estimated annual cost for cleaning services from John's Cleaners is approximately $14K, which is consistent with our current budget allocation. The estimated annual cost for Best Campus Cleaners is $24K. ` CITY OF CITY HALL �..8th Avenue South • 18 Box 9718 Federal Way Federal Way, WA 98063-9718 (253)835-7 000 www at yroliederahvay com PROFESSIONAL SERVICES AGREEMENT FOR POLICE UNIFORM AND DRY CLEANING This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Empire Cleaners Inc., DBA John's Cleaners ("Contractor"). The City and Contractor (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: Empire Cleanser Inc., DBA John's Cleaners John Kasperbauer, Owner 629 Richmond Beach Road Shoreline, WA 98177 (206) 542-2653 (telephone) (206) 542-7019 (facsimile) The Parties agree as follows: CITY OF FEDERAL WAY: Federal Way Police Department, Cmdr Stephan Neal 33325 8d Ave. S. P.O. Box 9718 Federal Way, WA 98063-9718 (253) 835-6717 (telephone) (253) 835-6739 (facsimile) .Com 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Work, but in any event no later than December 31, 2010 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 2. SERVICES. The Contractor shall perform the services more specifically described in Exhibit "A", attached hereto and incorporated by this reference ("Services"), in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are performed, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth above. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12; and such may result in ineligibility for further City agreements. 4. COMPENSATION. 4.1 Amount. In return for the Services, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit "B", attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit "B", the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. PROFESSIONAL SERVICES AGREEMENT - 1 - 1/2010 UN HALL 1% CITY OF 33325 8th Avenue South • PO Box 9718 Federal Way Federal Way, WA 98063-9718 (253) 835-7000 www. c9yoffedera/way com 4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Services have been performed, the name of the personnel performing such Services, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Services do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including,. without limitation, their respective agents, licensees, or representatives; arising from, resulting from, or in connection with this Agreement or the acts, errors or omissions of the Contractor in performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub -contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub -contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. PROFESSIONAL SERVICES AGREEMENT - 2 - 1/2010 CITY Of CITY HALL , % 33325 8th Avenue South • PO Federal Way Box 9718 Fedora! Way, WA 98063-971818 (253) 835-7000 www atyoffederahva y com 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees or subcontractors, as provided in Exhibit "C" , attached hereto and incorporated by this reference, for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records disclosure request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor while performing the Work shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. The Contractor shall pay all income and other taxes due except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, negotiation, drafting, signing, administration, or evaluating the Contractor's performance. PROFESSIONAL SERVICES AGREEMENT - 3 - 1/2010 ` CITY OF CITY HALL . , 33325 8th Avenue South • Box 9718 Federal Way Federal Way, WA 98063-971818 (253)835-7000 www. cdWffoderahvay corn 12. EQUAL OPPORTUNITY EMPLOYER In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973,49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination. 13. GENERAL PROVISIONS. 13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective'date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non -assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act PROFESSIONAL SERVICES AGREEMENT - 4 - 1/2010 CITY OF CITY HALL Federal Way 33325 8th Avenue South - Box 9718 Federal Way, WA 98063-971818 (253)835-7000 wwwaiyoffederaMWcom as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City"and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. {Signature Sheet Below} PROFESSIONAL SERVICES AGREEMENT - 5 - 1/2010 CITY OF CITY HALL ,.��. 8th Avenue South • Box 9718 Federa I Way Feder Federal Way WA 98063-971818 (253) 835-7000 www at yoi%derahvay. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY ATTEST: Mahlon S. Priest, Mayor City Clerk, Carol McNeilly, CMC DATE: APPROVED AS TO FORM: City Attorney, Patricia A Richardson Empire Cleaners Inc., DBA John's Cleaners By: Printed Name: Title: DATE: STATE OF WASHINGTON) ) ss. COUNTY OF On this day personally appeared before me , to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of , 20 Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires PROFESSIONAL SERVICES AGREEMENT - 6 - 1/2010 CITY OF ,.,,,:k Federal Way EXHIBIT "A" SERVICES 1. The Contractor shall do or provide the following: A. Dry Cleaning Services CITY HALL 33325 8th Avenue South • PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www ct"ffedera/way com • Pick-up and delivery five (5) days per week with a 24-hour turn around. • Special handling and cleaning of articles contaminated with blood borne pathogens (i.e., Hepatitis, HIV/AIDS virus, etc.) or other medical /biohazards and non-medical chemicals. • Water repelling for outer garments, • Recycling program. 1. Uniformed Personnel Uniformed staffing levels are at approximately 104 officers. Per week, each employee is authorized to receive a military press and dry cleaning service for the following articles of clothing: a. Uniform shirt: 3 each b. Uniform pants: 3 each 2. Plainclothes Personnel Non -uniformed staffing levels are at approximately 9 command staff and 33 detectives. Per week, each employee assigned to a non -uniformed position is authorized to receive dry cleaning services for the following articles of clothing: a. Suit jacket or sports coat: 1 each b. Suit pants or slacks 2 each c. Shirt or blouse 2 each On average the Federal Way Police Department has 500 items cleaned per month. This average is variable based on time of year as well as officers wearing alternative uniforms i.e. wash and wear jumpsuits (cleaned at home by officers) A typical month would include the following items: a. Uniform pants/ shirts 60 b. Pants or slacks 180 c. Male shirts 130 d. Female shirts/blouses 70 e. "polo' style shirts 60 PROFESSIONAL SERVICES AGREEMENT - 7 - 1/2010 CITY OF �L Federal Way B. Alterations Cleanine Services 1. Minor Alterations — As needed a. Patches b. Name Tags c. Buttons d. Hemming CITY HALL 33325 8th Avenue South - PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www. crtyotfederahmy. com 2. Major Alterations — Requires written authorization a. Uniform shirt (i.e. take in or let out waist) b. Uniform pants (i.e. take in or let out thigh area) D. Pick-up and Delivery Service 1. Pick-up and delivery five (5) days per week with a 24-hour turn around. 2. Pick-up at designated areas. a 3. The department will supply each pick-up area with laundry slips. 4. The vendor will provide a supply of 30" x 40" nylon drawstring bags for employee's soiled garments. 5. The Department employees will fill out a laundry slip that will be put inside of their bag of soiled clothing. Any special requests such as alterations or repairs can be noted on the laundry slip. 6. Each pick-up location is supplied with a metal bag stand and a 30" x 40" nylon bag for employees to put their orders inside. 7. Garments will be returned on a wire hanger in standard industry plastic covers with employees name on the laundry slip that will be attached to the cover. 8. Metal clothes racks will be placed next to the bag stand for Department employees to place their used wire hangers on for recycling. 9. Biohazard contaminated items must be placed in a RED BIOHAZARD BAG with the laundry slip taped on the outside of the bag describing the type of biohazard contamination (blood, urine, vomit etc.). 10. The Vendor will provide an inventory/log sheet of all dry cleaned items returned to the Department. A department employee will approve the inventory/log sheet before the Vendor's employee will be allowed to return the dry cleaned items to the locker rooms. PROFESSIONAL SERVICES AGREEMENT - 8 - 1/2010 `CITY OF Federal Way CITY HALL 33325 8th Avenue South • PO Box 9718 Federal Way. WA 98063-9718 (253) 835-7000 www dtyoffederahvay com 11. Vendor employees entering the Police Department to return clothing must first pass a criminal background check including but not limited to: NCIC, WACIC, DOL, and criminal history. A list of vendor employees eligible to enter the facility will be maintained by the Police Department. EXHIBIT "B" COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed sixteen thousand, three hundred, and fifty dollars ($16,350) per year, based on the following rates, which are inclusive of sales tax at 9.5%. 2. Method of Compensation: TYPE ITEM DESCRIPTION PRICE PER ITEM Dry Cleaning Uniform Pants/Shirts o $2.46 Dry Cleaning Pants or Slacks $2.46 Dry Cleaning Male Shirts $2.46 Dry Cleaning Female Shirts/Blouses $2.46 Dry Cleaning Polo Style Shirts $2.46 Minor Alterations Patches $3.29 Minor Alterations Name Tags $2.19 Minor Alterations Buttons No Charge Minor Alterations Hemming $6.57 Major Alterations Uniform Shirt $13.14 Major Alterations Uniform Pant $13.14 Any garments that are not listed above would be dry cleaned at vendor prices less 30%. All work is done at vendor premises. Garments requiring alterations or repairs are not considered routine processing and the 24 hour turn around may not apply due to the nature of the repair or alteration. Standard dry cleaning without alterations or repairs is considered as routine and the above prices apply. PROFESSIONAL SERVICES AGREEMENT - 9 - 1/2010 CITY OF CITY HALL �.,., 33325 8th Avenue South • Box 9718 Federal Way Federal Way, WA 98063-971818 (253)835-7000 wwwo4vffederaMWcom EXHIBIT "C" INSURANCE 1. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $1,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; C. Automobile liability insurance covering all owned, non -owned, hired and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. d. Professional liability insurance with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate for damages sustained by reason of or in the course of operation under this Agreement, whether occurring by reason of acts, errors or omissions of the Contractor. 2. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 3. The City shall be named as additional insured on all such insurance policies, with the exception of any professional liability insurance and any workers' compensation coverage(s) if Contractor participates in a state-run workers' compensation program. Contractor shall provide certificates of insurance, concurrent with the execution of this Agreement, evidencing such coverage and, at City's request, furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. All insurance policies shall contain a clause of endorsement providing that they may not be terminated or materially amended during the Term of this Agreement, except after thirty (30)'days prior written notice to the City. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. PROFESSIONAL SERVICES AGREEMENT - 10- 1/2010 October 20, 201.0 Jeri -Lynn Clark, Purchasing City of Federal Way 33325 8f' Ave. South P.O. box -9718 Federal Way, WA 98063-9718 (253)835-2526 RFP — Police Uniform and Plainclothes Dry Cleaning Services. Dry Cleaning Services. We are able to provide pick-up and delivery five days per week with a 24 hour turn around on routine cleaning at your designated areas. We will provide 30" x 40" nylon drawstring bags for soiled garments. Any biohazard items must be placed in a biohazard bag with a laundry slip attached indicating what the contamination is. For our safety if the contamination is not indicated we can not pick up the items. Cleaned items will be returned on hangers with plastic covers to industry standards. Items will have the laundry slips with the employee name attached to the plastic cover. Any empty hangers on customers clothing racks will be recycled. All items to be cleaned will be tracked using the customer's'or if requested vendors laundry slips. It is up to the customer's employees to fill out laundry slips indicating items to be cleaned and any alterations, special requests or repairs needed. Our driver will be able to log in and out (on a customer approved inventory/log sheet) with a customer representative. We can provide our criminal background checks on our driver(s) or any other employee. Kirkland Police currently has background information on file and we can have that information forwarded or we can complete any checks Federal Way requires. Items that become damaged or lost will be repaired or replaced by us. If an item is to be replaced it will be done so based on 20% depreciation per year. It is our goal to satisfy our customer and we will work to that end. Scope of services and fee schedule. Based on the numbers provided in your, request for proposal our price list (inclusive of sales tax at 9.5%) is provided below. Dry cleaning a. Uniform pants/shirts $2.46 per item b. Pants or slacks $2.46 per item c. Male shirts $2.46 per item d_ Female shirts/blouses $2.46 per item e. Polo style shirts $2.46 per item Minor alterations a. Patches $3.29 per item b. Name tags $2.19 per item c_ Buttons No charge d. Hemming $6.57 per item. Major alterations (with written pre authorization) a. Uniform shirt $13.14 per item b. Uniform pant $13.14 per item Using the "typical month" numbers from the "request for proposal" and calculating our prices with the list above would result in monthly numbers as follows: 60 uniform pants/shirts @ $2.46 $147.60 180 pants or slacks @ $2.46 $442.80 130 male shirts @ $2.46 $319.80 70 females shirts/blouses @ $2.46 $172.20 60 polo style shirts @ $2.46 $147.60 Total cleaning for "typical month" $1230.00 Non routine cleaning services. Any garments that are not listed above would be dry cleaned at our retail prices less 30%. All work is done on our premises. Garments requiring alterations or repairs are not considered routine processing as the 24-hour turn around may not apply due to the nature of the repair or alteration. Standard dry cleaning without alterations or repairs are considered as routine and the above prices apply. Record keeping/billing. Currently our record keeping is done using the incoming dry cleaning tickets. Each ticket with the employee's name and garments sent in for cleaning are logged in to a spreadsheet. This spreadsheet includes the employee's name, date (as noted by the employee), items for cleaning, any repairs or alterations, badge number (if provided by the employee) and ticket number. The spreadsheet is also used for the monthly billing as back up for our invoice. John's Cleaning Services, Incorporated is owned by John Kasperbauer who has 40 years experience in the Dry Cleaning business. His cleaning supervisor has 30 years dry cleaning experience. This experience has led the company to use DF -2000 solvent which is more environmentally friendly for our dry cleaning process. We will work to the best of our ability to provide a quality product. References Captain Eric Olsen, Kirkland Police Department 425-587-3408, Sharon Christie, City of Everett Purchasing 425-257-8903 Dale Taylor, City of Redmond 425=556-2182 Submitted by: 1Z J hn Kasperauer, Owner John's Cleaning Services, Inc. 629 Richmond Beach Road Shoreline, WA 98177 206 -542-2653 gohnscleane "s= five-com RECEIVED BY - COMMUNITY DEVELOPMENT DEPARTMENT OCT 2 6 2010 Best Campus Cleaner - Detail Offer Price Address: 1907 SW Campus Dr Federal way WA 98023 Phone#: 253-874-4366 � 1a , 10 . a� . Description Unit Price Dry cleaning and Pressing of Slacks $4.25 Dry cleaning and Pressing of Blazers $4.99 Cleaning and Pressing of Blue/Black issued Battle Dress Uniform - Pants $4.25 Cleaning and Pressing of Blue/Black issued Battle Dress Uniform - Shirts $3.50 Dry cleaning and Pressing of Long Sleeved Shirts $3.50 Laundering and Pressing of Long sleeved Shirt $2.50 Dry cleaning and Pressing of Short Sleeved Shirts $3.50 Laundering and Pressing of Short sleeved Shirt $2.50 Cleaning of Ties $2.00 Cleaning of Vast $4.25 Cleaning of Uniform Sweater $4.25 Cleaning of Rain Pants $4.50 Cleaning of Cold Weather Jackets $6.99 Cleaning of Parkas $8.00 Sewing of Buttons $1.00 Sewing of Patches $5.00 Reparing of Zippers up to 12" $14.00 Reparing of Holes $8.00 Blood or Heavy Stain- $ 1 extra charged added and 1day more needed