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AG 11-024
11 RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM . ORIGINATING DEPT./DIV: PARKS ORIGINATING STAFF PERSON: _STEVE IKERD EXT: 6911 3. DATE REQ. BY: ASAP TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION x CONTRACT AMENDMENT (AG #):_11 -024 _ ❑ INTERLOCAL ❑ OTHER . PROJECT NAME: _ENERGY EFFICIENCY — CITY HALL NAME OF CONTRACTOR: _MACDONALD MILLER FACILITIES SOLUTIONS ADDRESS: _PO Box 47983 SEATTLE, WA 98146 TELEPHONE E -MAIL: FAX: SIGNATURE NAME: JOSH JOHNSON TITLE ACCOUNT MANAGER EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS TERM: COMMENCEMENT DATE: COMPLETION DATE: 12/31/2018 TOTAL COMPENSATION $677,909.15 + $218,066.83 = $895,975.98 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED OYES ❑ NO IF YES, PAID BY: ❑ CONTRACTOR ❑CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDE ❑ PURCHASING: PLEASE CHARGE TO: 111- 7200 - 351 - 575 -51 -480 and 505 - 1100 -518- 30-480 0. DOCUMENT /CONTRACT REVIEW INITIAL /DATE REVIEWED INITIAL /DATE APPROVED ❑ PROJECT MANAGER ' L 7. 11 ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW C? IT Ai 2-617 1. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: 7 /11/17 COUNCIL APPROVAL DATE: _7 /18/17_ 2. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL / DATE SIGNED XLAW DEPARTMENT SIGNATORY YOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# ❑ SIGNED COPY RETURNED ;OMMENTS: A DATE SENT: og-9.3 — fl- MacDonald- MIIIer �iiv FACILITY SOLUTIONS We make buildings work better. August 14, 2017 Steve Ikerd City of Federal Way 33325 8th Avenue South Federal Way, WA 98003 RE: City of Federal Way, City of Federal Way VAV's, & Federal Way Community Center Amendment #4 Dear Steve: Attached you will find a contract amendment to extend the contract end dates to December 31, 2018 on all three City of Federal Way maintenance sites; City of Federal Way, City of Federal Way VAV's, & Federal Way Community Center. Please sign and return the copy for our files, and retain the original for your records. If you have any questions, please give me a call. We appreciate your business. Sincerely, Josh Johnson Account Manage' MacDonald- Miller Facility Solutions, Inc. macmiller.com 1 -800- 962 -5979 SEATTLE EVERETT BELLEVUE TACOMA PORTLAND EUGENE BEND ©MacDonald- MIller FACILITY SOLUTIONS We make buildings work better. August 14, 2017 Steve Ikerd City of Federal Way 33325 8th Avenue South Federal Way, WA 98003 Amendment #4 City of Federal Way, City of Federal Way VAV's, & Federal Way Community Center Amendment to increase the contract end date for the following sites to December 31, 2018: City of Federal Way: Annual Cost: $ 16,296.00 + tax Billed Quarterly: $ 4,074.00 + tax City of Federal Way VAV's: Annual Cost: $ 31,464.00 + tax Billed Semi - annually: $ 15,732.00 + tax Federal Way Community Center: Annual Cost: $ 12,000.00 + tax Billed Quarterly: $ 3,000.00 + tax This is effective August 14, 2017. r �� ���i.✓—�- J� August 14, 2017 Josh 4ohns Account Ma MACD n age LD MILLER FACILITY SOLUTIONS, INC. of Fe oral Way Da Date macmiller.com 1- 800 - 962 -5979 SEATTLE EVERETT BELLEVUE TACOMA PORTLAND EUGENE BEND TERMS AND CONDITIONS Acceptance By authorizing MacDonald - Miller Facility Solutions, Inc. to provide the services contemplated by this Agreement, Customer agrees to the terms and conditions herein stated. Scope of Obligations MacDonald - Miller Facility Solutions, Inc. shall provide basic service maintenance and emergency service when contracted for, and under fixed fee shall make normal operational adjustments to the equipment as listed on the Equipment List and Work Order. Obligations of Customer Customer shall operate the equipment in accordance with instructions given by MacDonald - Miller Facility Solutions, Inc. and the manufacturer and agrees to extend all reasonable cooperation requested in terms of personnel; premises; available building maintenance material, tools, ladders, etc.; and movement of items blocking normal access to required work; and shall promptly notify MacDonald - Miller Facility Solutions, Inc. upon observation of any unusual operating condition. MacDonald - Miller Facility Solutions, Inc. shall have full and free access to the equipment to provide service. Service Availability MacDonald - Miller Facility Solutions, Inc. agrees to provide service availability during normal business hours, i.e., 8:00 to 4:30 pm, Monday through Friday, holidays excepted, and service at other than normal business hours, if contracted for, at the hourly rate and terms, including vehicle charges or special assessments, then in effect by MacDonald - Miller Facility Solutions, Inc. If any emergency service call is made at Customer's request and inspection does not reveal any defect for which MacDonald - Miller Facility Solutions, Inc. is responsible, Customer will be liable for regular charges prevailing for such service. Customer acknowledges that there is a minimum charge of one (1) hour. If persons other than representatives of MacDonald - Miller Facility Solutions, Inc. perform maintenance or repair a unit of equipment, and as a result further repair by MacDonald - Miller Facility Solutions, Inc. is required, such repairs will be made at MacDonald - Miller Facility Solutions, Inc.'s applicable time and material rates and terns then in effect. Maintenance or repair by any person other than MacDonald - Miller Facility Solutions, Inc. may invalidate any applicable warranty by MacDonald - Miller Facility Solutions, Inc. and /or manufacturer. Charges and Terms Taxes Exclusions Limitation of Liability Restriction on Hiring Default Term General All maintenance contract charges will be invoiced in advance of work performed. All service repair, special project, and extra work will be progress invoiced. Payment is due upon receipt of invoice. Any balance due after 30 days shall bear interest at the maximum legal rate permitted from the invoice date. There will be added to all charges the amount of any present and future taxes or any other govemmental charges now or hereafter imposed by existing or future laws with respect to any services rendered or parts supplied. Maintenance service does not include: (a) water supply and drain beyond the subject equipment; (b) equipment housing, casing or enclosure; (c) electrical service beyond the equipment disconnect switch, or service requirements due to power failure; (d) damage caused by freezing; (e) work required by govemment codes, building and union regulations; (f) energy management and emergency calls resulting from energy management activities (unless added by Contract Rider); (g) repair of damage or increase in service time resulting from accident, transportation, relocation, neglect, misuse, or other than ordinary use; (h) repair to equipment located in an unsuitable place of installation or an unsafe or hazardous environment; (i) emergency calls resulting from system design problems; (j) plumbing (unless added by Contract Rider); (k) non - moving or non - maintainable parts, heat exchangers (all styles), coils, ductwork, and boiler vessels. The Work Order assumes the systems covered have received required regular maintenance and are in good working condition. If repairs are found necessary upon initial inspection or initial seasonal start-up, repair charges will be submitted for approval (unless added by Contract Rider). Should these restoration charges be declined, those non - maintainable items will be eliminated from the program and the monthly maintenance price adjusted accordingly. MacDonald - Miller Facility Solutions, Inc. will not be required to make safety tests or to install new attachments, additional controls or equipment as recommended or directed by any insurance company or govemmental authority, or to make replacements contracted for with parts or devices of a different design for any reason MacDONALD- MILLER FACILITY SOLUTIONS, INC. SHALL NOT BE LIABLE TO CUSTOMER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, OR ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT AND /OR ITS SUBJECT MATTER WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The customer agrees that MacDonald - Miller Facility Solutions, Inc.'s liability thereunder for damage to equipment, as covered by the Equipment List, shall not exceed the amount paid for services for the applicable equipment during the preceding three (3) months and only if such damage is the result of MacDonald - Miller Facility Solutions, Inc.'s negligence. MacDONALD- MILLER FACILITY SOLUTIONS, INC. DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MacDonald - Miller Facility Solutions, Inc. shall not be responsible or liable for any loss, damages or delay in fumishing materials or failure to perform services when caused by fire, interruption of utility services, flood, acts of civil or military authorities, insurrection, terrorist act, riot, civil disorder, labor disturbances, or by any other cause which is unavoidable or beyond its control. If Customer employs or retains as an independent contractor within 180 days subsequent to termination of this Agreement, any present or former employee of MacDonald - Miller Facility Solutions, Inc. who performed any services under this Agreement. Customer agrees to pay MacDonald - Miller Facility Solutions, Inc. a sum equal to 6 months service charge, as a reasonable reimbursement to MacDonald - Miller Facility Solutions, Inc. for its expenses in training and familiarizing the present or former employee with Customer's system. If Customer does not pay the amount due thereunder, or breaches any of the terms of this Agreement, MacDonald - Miller Facility Solutions, Inc. may, in addition to any other legal remedies it may have, refuse to continue to service the equipment. If this Agreement is an annual agreement, it shall remain in effect from year to year or until canceled by either party on 30 days written notice. Prices will be subject to periodic changes due to change in labor and material rates. This Agreement shall be governed by the laws of the State where the work was done. The terms and conditions herein shall prevail notwithstanding any variance with the terms and conditions of any order submitted by Customer with respect to maintenance service. Either party may terminate this Agreement at any time for failure of the other to comply with any of its terms and conditions. Customer represents that he /she is the owner of the equipment or, if not the owner, he /she has authority to enter into this Agreement. In the event any party shall bring suit or action against the other for relief arising out of this Agreement, the prevailing party shall have and recover against the other party all court costs, disbursements, and a reasonable attorney's fee. Customer consents and agrees to jurisdiction and venue of any proceeding in the District or Superior Court of the State of Washington for King County at MacDonald - Miller Facility Solutions, Inc.'s election. RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: ��� 2. ORiGINATING STAFF PERSON: �`�jr�� �,�!���� EXT: �_ 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE �NTRACTAMENDMENT(AG#): � �• 6Z ❑ OTHER 5. PROJECT NAME: � MAINTENANCE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ SECURITY DOCUMENT (E.c. sorm xELn�n Docun�Nrs> ❑ RESOLUTION ❑ INTERLOCAL � C� �� 6. NAME OF CONT CTOR: �, ^ ��r �U���1 ���Ul�tl7y�. ADDRESS: TELEPHONE E-MAIL: FAX: SIGNATURE NAME: (r��,�.f,� TITLE � � L� 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS �� �' 8. TERNi' Cn��"�r"^T" '�'- TT DATE: COMPLETION DATE: 9. TOTALCOMPENSATION g � ���� �z7 � �Q �p,�� � � �•��� ��� 3�Pr ) INCLUDE E ENSES AND SA S TAX, IF ANY (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: � vES ❑ NO IF YES, MAXIMUM DOL AR AMOUNT: $ , IS SALES TAX OWED �S ❑ NO IF YES, $ PAID BY: ❑ ONTRACTOR � CITY 1• 1 �io� ��t,°t�i0 �r��}�yc O PURCHASING. PLEASE CHARGE TO. -�(�Q •�j l0. DOCUMENT/CONTRACT REVIEW INITIAL/DATEREVIEWED INITIAL/DATEAPPROVED �'PROJECT MANAGER S�L 'rJ • I • l �j O DIRECTOR �K MANAGEMENT (IF APPLICABLE� AW 11. COUNCIL APPROVAL (IF APPLICABLE) 12. CONTRACT SIGNATURE ROUTING �NT TO VENDOR/CONTRACTOR ATTACH: SIGNATURE AUTHORITY, � LAW DEPARTMENT O SIGNATORY (CM OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# O SIGNED COPY RETURNED �-I COMMITTEE APPROVAL DATE: DATE SENT: COUNCIL APPROVAL DATE: S LL �,3 DATE REC'D: 1NSURANCE CERTIFICATE, LICENSES, EXHIBITS � �v�X INITIAL / DATE SIGNED �I�/.� ' �iy�'.� � ' 1 .�� 'nJ i �tJ�:-u►.�ri����'�'t► 1 Y� (j� 1�'�1 11 /9 0 r. MacDonald-Miller ��������� ����������� Apri15, 2013 SteveIkerd City of Federal Way 33325 8�' Ave. S. Federal Way, WA 98003 RE: Amendment 3 to 2011 Energ,y Efficiency Equipment Installation & Services Agreement, 2011-14394-DM. Dear Steve: Attached you will find an amendment to apply "comprehensive coverage" to all variable air volume boxes listed in the current services agreement. This addendum modifies coverage only. The result being all identified repairs, with the exception of those listed on the exclusions document, will be covered by the new cost of the annual service agreement. Please sign and return the copy for our files, and retain the original for your records. If you have any questions, please give me a call. We appreciate your business. Sincerely, . .r � _' 11��. Dale L. Mesecher Account Manager MacDonald-Miller Facility Solutions, Inc. PO Box 47983 7717 Detroit Avenue SW 2500 S Holgate Street MacDonald-Mi11er Facility Solutiona, Ine. Seattle, WA 98146 Seattle, WA 98106 Tacoma, WA 98402 Page 1 of 4_ 253.680.3170 COMPREHENSIV E INCLUSIONS AND EXCLUSIONS ���� Inclusions Items covered under contract: o Compressor o Refrigerant o Belts for the blower o Electrical switches and relays inside units o Motor & pump bearings o Blower Shaft o Blower o Fans o Pumps o Blower bearings o Repair of heat exchanger if possible o Relays o Filters o Damper actuators o Motor starters mounted on unit o Known repair items as quoted per proposals CP-0065, CP- 0123 AND CP-0176. Exclusions Non-moving, non-maintainable parts: o Condensate pans o Air and Water Balance o Piping, Hoses, Valves and Hangers o Ductwork and diffusers o Cooling tower fill and basin o Motor Starter Panels o Condenser / Evaporator coils o Replacement of heat exchangers o Metal casing around the unit o Lamp housings, casings and enclosures o Power and control wiring o Overtime Labor o Vav controllers o Variable Frequency Drives (VFD's) o HVAC Automation & Control Systems o Replacement or modification of parts that are obsolete and no longer available for purchase o Catastrophic loss of hydronic loop chemical treat� get2 of 4 �� \: .� April 5, 2013 Steve Ikerd City of Federal Way 33325 8th Ave. S. Federal Way, WA 98003 Addendum #3 To Proposal #2011-14394-DM City of Federal Way City Hall, 33325 8th Ave. S., Federal Way, WA 98003 This amendment to the 2011 Energy Efficiency Equipment Installation and Services Agreement, places a11 variable air volume boxes under the umbrella of comprehensive service coverage as is currently in effect on all other hvac equipment. Any identifable repair costs are included in this increase in the annual maintenance agreement costs (with the exception of those items listed in our attached "exclusions" page) and will heretofore be the responsibility of MacDonald-Miller to replace/repair at no additional cost to the City of Federal Way. ANNLJAL billing INCREASE (good for 3 years) New ANNUAL billing .......................................... This is effective April 1, 2012 . , •r Dale L. Mesecher Account Manager MACDONALD MILLER FACILITY SOLUTIONS, INC. .............................................. $6990.00 plus t� ........................................... $31,234.00 plus tax Date Apri15, 2013 � I� Ar`� Zs', Zo t3 City of Federal Way Date Page 3 of 4 , Acceptance Scope of Obligations Obligations of Customer TERMS AND CONDITIONS By authorizing MacDonald-Miller Facility Solutions, Inc. to provide the services contemplated by this Agreement, Customer agrees to the terms and conditions herein stated. MacDonald-Miller Facility Solutions, Inc. shall provide basic service maintenance and emergency service when contracted for, and under fixed fee shall make normal operational adjustments to the equipment as listed on the Equipment List and Work Order. Customer shall operate the equipment in accordance with instructions given by MacDonald-Miller Facility Solutions, Inc. and the manufacturer and agrees to extend all reasonabie cooperation requested in terms of personnel; premises; available building maintenance material, tools, ladders, etc.; and movement of items blocking normal access to required work; and shall promptly notify MacDonald-Miller Facility Solutions, Inc. upon observation of any unusual operating condition. MacDonald-Miller Facility Solutions, Inc. shall have full and free access to the equipment to provide service. Service Avai�abiliry MacDonald-Miller Facility Solutions, Inc. agrees to provide service availability during normal business hours, i.e., 8:00 to 4:30 pm, Monday through Friday, holidays excepted, and service at other than normal business hours, if contracted for, at the hourly rate and terms, including vehicle charges or special assessments, then in effect by MacDonald-Miller Facility Solutions, Inc. If any emergency service call is made at Customer's request and inspection does not reveai any defect for which MacDonald-Miller Facility Solu6ons, Inc. is responsible, Customer will be liable for regular charges prevailing for such service. Customer acknowiedges that there is a minimum charge of one (1) hour. Charges and Terms Taxes If persons other than representatives of MacDonald-Miller Facility Solutio�s, Inc. perform maintenance or repair a unit of equipment, and as a result further repair by MacDonald-Miller Facility Solutions, Inc. is required, such repairs will be made at MacDonald-Miller Facility Solutions, Inc.'s applicable time and material rates and terms then in effect. Maintenance or repair by any person other than MacDonald-Miller Facility Solutions, Inc. may invalidate any applicable warcanty by MacDonald-Miller Facility Solutions, Inc. and/or manufacturer. All maintenance contract charges will be invoiced in advance of work performed. AII service repair, special project, and exVa work will be progress invoiced. Payment is due upon receipt of invoice. Any balance due after 30 days shall bear interest at the maximum legai rate permitted from the invoice date. There will be added to all charges the amount of any present and future taxes or any other governmental chargea now or hereafter imposed by existing or future laws with respect to any services rendered or parts supplied. Exciusions Maintenance service does not include: (a) water supply and drain beyond the subject equipment; (b) equipment housing, casing or enGosure; (c) electrical service beyond the equipment disconnect switch, or service requirements due to power failure; (d) damage caused by freezing; (e) work required by government codes, building and union regulations; (� energy management and emergency calls resulting from energy management activities (unless added by Contract Rider); (g) repair of damage or increase in service 6me resulting from accident, transportation, relocation, neglect, misuse, or other than ordinary use; (h) repair to equipment located in an unsuitable place of installation or an unsafe or hazardous environment; (i) emergency calls resuiting from system design problems; Q) plumbing (uniess added by Contract Rider); (k) non-moving or non-maintainable parts, heat exchangers (all s4yles), cals, ductwork, and boiler vessels. The Work Order assumes the systems covered have received required regular maintenance and are in good wwking condition. If repairs are found necessary upon initial inspection or iniUal seasonal start-up, repair charges will be submitted for approval (unless added by Contract Rider). Should these restoration charges be declined, those non-maintainable items wilt be eliminated from the progr8m and the monthly maintenance price adjusted accordingly. MacDonald-Miller Facility Solutions, Inc. will not be required to make safety tests or to install new attachments, additional co�trols or equipment as recommended or directed by any insurance company or governmental authority, or to make replacements contracted for with parts or devices of a different design for any reason. Limitation of Liability MacDONALD-MILLER FACILITY SOLUTIONS, INC. SHALL NOT BE LIABLE TO CUSTOMER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, OR ANY MA7TER ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR ITS SUBJECT MATTER WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Restridion on Hiring Default Term General The customer agrees that MacDonald-Miller Facility Solutions, Inc.'s liability thereunder for damage to equipmerK, as covered by the Equipment List, shali not exceed the amount paid for services for the applicable equipment during the preceding three (3) months and only if such damage is the result of MacDonald-AAiller Faciliry Solutions, Inc.'s negligence. MacDONALD-MILLER FACILITY SOLUTIONS, INC. DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MacDonald-Miller Facility Solutions, Inc. shall not be responsible or liable for any �oss, damages or delay in fumishing materials or failure to pertorm services when caused by fire, interruption of utility services, Flood, acts of civil or military authorities, insurrection, terrorist act, riot, civil disorder, labor disturbances, or by any other cause which is unavoidable or beyond its control. If Customer employs or retains as an independent contractor within 180 days subsequent to termination of this Agreement, any present or former employee oi MacDonald-Miller Facitity Solutions, Inc. who pertormed any services under this Agreement. Customer agrees to pay MacDonald-Miller Facility So�utions, Inc. a sum equal to 6 months service charge, as a reasonaWe reimbursement to MacDonald-Miller Facility Solutions, Inc. for its expenses in training and familiarizing the present or former employee with Customers system. If Customer dces not pay the amount due thereunder, or breaches any of the terms of this Agreement, MacDonald-Miller Facility Solutions. Inc. may, in addition to any other legal remedies it may have, refuse to continue to service the equipment. If this Agreement is an annual agreement, it shall remain in effect from year to year or until canceled by either party on 30 days written notice. Prices wiil be subject to periodic changes due to change in labor and material rates. This Agreement shall be governed by the laws of the State where the work was done. The terms and cond'Rions herein shall prevail notwithstanding any variance with the terms and conditions of any order submitted by Customer with respect to maintenance service. Either party may terminate this Agreement at any time for failure of the other to comply with any of its terms and conditions. Customer represents that he/she is the owner of the equipment or, if not the owner, he/she has authority to enter into this Agreement. In the event any party shall bring suit or action against the other for relief arising out of this Agreement, the prevailing party shali have and recover against the other party all court costs, disbursements, and a reasonable attorney's fee. Customer consents and agrees to jurisdiction and venue of any proceeding in the District or Superior Court of the State of Washington for King County at MacDonald- Miller Facility Solutions, Inc.'s election. Date: To: From: Via: Subject �CIiY OF Fe�leral VVay Parks and Facilities Division May 14, 2013 PRHSPS Council Committee Stephen Ikerd, Parks & Facilities Manager � Mayor Skip Priest Cary M. Roe, P.E., Director of Parks, Public Works & Emergency Mgmt. Third Amendment to the MacDonald-Miller Energy Efficiency Project Background: The City entered into an Energy Efficiency Agreement with MacDonald-Miller Facilities Solutions July, 2011 to repair and upgrade portions of the HVAC system in City Hall. This project improved control and repaired malfunctioning equipment which lead to more energy savings. Additional unused ARRA Grant funds became available the end of 2011 from the Residential Energy Improvement program, so approval was given for a second amendment to improve the Data Air system in our central computer room on Feb 1, 2012. This upgrade successfully improved energy efficiency and extend the life of this specific equipment. There is still a large portion of the City Hall HVAC distribution system that has repair needs and was not covered in the ARRA Grant program. Repairs, routine monitoring and adjusting of this distribution system effects the overall energy efficiency program for this facility. We are requesting approval to enter into a 3rd amendment which includes a comprehensive coverage agreement that covers all parts and repairs of the remaining distribution system not covered in the original energy improvement project. The original agreement has 3 years left on the term. Recommendation: Amend the MacDonald-Miller Energy E�ciency Agreement to include repairs, routine monitoring and adjusting of this distribution system in the amount of $7,654.05 annually, with a 3 year contract total of $22,962.15 for this amendment. Funding for this project would come from the Facilities Operations account. Financial Summary: Amendment 1 amount Amendment 2 amount Amendment 3 request $35,932.00 — completed and paid from replacement reserves. $18,153.00 - completed and paid from ARRA Grant funds. $22,962.15 —(3 year total) paid out at $7654.05 annually. $77,047.15 — total for all 3 amendments The 3rd amendment funding source will come from the Facilities Operation budget line item for HVAC repairs. $11,000 annually is currently approved in this line item, which equals $33,000 available over the 3 year term. $33,000.00 - available 22 962.15 — needed for the 3`d amendment $10,037.85 — balance of available funds. COUNCIL MEETING DATE: May 21, 2013 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: THIRD AMENDMENT TO THE MACDONALD MILLER ENERGY PERFORMANCE AGREEMENT POLICY QUESTION: Should the Mayor and Council authorize a third amendment to the MacDonald-Miller Energy Performance Agreement for additional repairs, maintenance and monitoring of the HVAC distribution system at City Hall? COMMITTEE: PRHSPS CATEGORY: � ConsenY ❑ City Council Business ❑ Ordinance ❑ Resolution MEETING DATE: May 14, 2013 ❑ Public Hearing ❑ Other STAFF REPORT BY: Ste hen Ikerd Parks & Facilities Mana er DEPT• PRCS _...__.._ ........................_................................._._..................................._�?..._.._................................_....-..............._.........__._......._._..._...__............................---........_.........$.....,............__...................................._..........._............'....._.....--------......---.........._......_...................__...._..._.......—_...__._. Attachments: Third Amendment Memo to the MacDonald–Miller Energy Performance Agreement. Options Considered: 1) Approve a third amendment to the MacDonald-Miller Energy Performance Agreement for additional repairs, maintenance and monitoring of the HVAC distribution system at City Hall in the amount of $22,962.15 over a 3 year term, and authorize the Mayor to execute said agreement and forward to the full Council May 21, 2013 consent agenda for approval. 2) Do not authorize a third amendment and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1: Authorize a third amendment to the MacDonald-Miller Energy Performance Agreement for additional repairs, maintenance and monitoring of the HVAC distribution system at City Hall in the amount of; $22,962.15 over a 3 year term and authorize the Mayor to execute said agreement and forward to the full Council May 21, 2013 consent agenda approval. MAYOR'APPROVAL: DIRECTOR APPROVAL: Committee Council Initial COMMITTEE RECOMMENDATION:1 move to forward the authorization of a third amendment to the MacDonadd- Milder Energy Performance Agreement for additional repairs, maintenance and monitoring of the HVAC distribution system at City Hall in the amount of,• $22,962.15 over a 3 year term, and authorize the Mayor to execute said agreement and forward to the full Council May 21, 2013 consent agenda approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of authorizing a third amendment to the MacDonadd-Miller Energy Performance Agreement for additional repairs, maintenance and monitoring of the HYAC distribution system at City Hall in the amount of,• $22, 962.1 S over a 3 year term, and authorize the Mayor to sign said agreement " (BELOW TO BE COMPLETED BY CITY CLERKS OFF/CE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances onlyJ REVISED — 08/12/2010 COUNCIL BILL # IsT reading Enactment reading ORDINANCE # RESOLUTION # RETURN TO: EXT: Z 7�??� CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: �• 2. ORIGINATING STAFF PERSON: �� t��E � I�� EXT: � l I 3. DATE REQ. BY: 4. TYPE OF DOCLTMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G, RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDiNANCE C`,ONTRACT AMENDMENT (AG#): I l- U ❑ OTHER 5. PROJECTNAME: 6. NAME OF CONTRACTOR: � - y► b Lt ITI c� v� i���'1-7 ADDRESS: �� �� t,� "1��� (� TELEPHONE ']� �� pD E-MAIL: FAX: SIGNATURE NAME: Q,r1(�1 TITLE �C,� Pr� . 7. EXHIBITS AND ATTACHMENTS:�coPE WORK OR SERVICES COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF F AUTHORITY TO SIGN � REQUIRED LICENSES ❑ PRIOR CONTRACT/AME MENTS 1 � (.,e�Q,�s G�� 8. TERM: COMMENCEMENT DATE. � I I COMPLETION DATE: � � ��3CP t �7 ° l ��� � Z�C� -�-' C�- Cti ��ZLa�I � ,n' � � � C/� �. . uO �� l � � �� `� � �i 9. TOTAL COMPENSATION $ ��Q� J��� � � l �� �J� �Y� � � `�'I I " ✓ (INCLUI3E EXPEIVSES AND SALES TAX, IFANY� (IF CALCULATED ON HOURLY LABORC�H GE -ATTACH SCHEDULES OF EMPLO ES TITLESAND HOLIDAY RATES) REIMBURSABLE EXPENSE: � YES CJ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED �1'ES O NO IF YES, $ LS7S'� PAID BY: �ONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: �� � �bV" d�' SI� •�,�,• �-�'aO 10. DO ENT/CONTRACT REVIEW ROJECT MANAGER � ❑ DIRECTOR ❑ RISK MANAGEMENT (iF nPPLicasLE) ( I�� LAW 11. COUNCIL APPROVAL (IF APPLICABLE) INITIAL / DATE REVIEWED II�TITIAL / DATE APPROVED S,�- l-1�• iz P�� 1 / ��r � c Z cs COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING � ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: t (� ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ LAW DEPARTI�IF.NT �( �(SIGNATORY(��(/�� 1 �� " I ASSIGNED AG# � SIGNED COPY RETURNED COMMENTS: �a. /� m �� V ,� , ��� 1NITIAL / DATE SIGNED ��/�, �� " IQ��i/t�� �� Il/9 ❑ MAINTENANCE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ SECURITY DOCUMENT �E.G. 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R�on on N� t�efauil Term kf t�' is �r attMial•ag�'eerr��, it �k�ll r�nairt tn eftet� fnscn yreartca yea�' 4r ua�iF caneel8� �Y � i�tYgR�t 3D �tps°waitCet� as��e. P�s vuC! b� sUb�e�a# ta �t� �S�$ �e tadian4ie Nr ia�sor arid matecis( rat�. C�ecad 't't�,�Tae�n�r� �it.be �nedlty tt� i�ws spf'#tXe St�i� v�� the v4rc�rh w�s rkn�. Ttre t�rms �3 fi� ��b+�it . . . ik��ti� � U"dt&9iYt� Yl��i ��k6 ��CttYt� a�tfC� LX�YL�dE1S G� � kN"L��Y 8ClE#ti� by�C`rt1#4�LkCM.'+f YY�! Y9S� � .. �SC$Y�t�: �� p�l.y �y tere�inaie di€� JAgr�es►tern;at �r tic� ft�r tai[ctr€� of the uf�r f8 compry a�fUa acsY:cf �s test� �nd . �us�ener Ntat trexshe ��s owmer ottk�a equiprraertE nr, it raot the cnvn�, E�elshe t�as aut#uuitY tw �et �ott�is J�tree�at�ti -NI�ra1�Hl�e�' F��« Satt�rr,t, Bnc. s�ii t�ave tt� att� fres ac�s ro the equipra5ent to pravi� servic�s: "ff�ere w� #i� ad�d � a� ct�'�s tFte �mnurtf of �y;pt�sei# ��t�rte taxes or any cr�t gavernm�tiC�1r.F�r�qq i�iir cx � u�d �« �tYgot firEuXe �VVS wlth t� #tr 8tiy ser�ir�'s t8iideted tu parts suppii8tl. 16C �s ix�E p�t ��� dere fhereue�e� ar bi'�� �tnN of fhe t� uf � Agre��tt. t�i�(N�r��y �talc+G4�s 1l�. �tay, ite � W�n}�c�ther �aF r�rs�di�s �t nv�l hav�. refuse to c�ntinu� � ae�vics �. I:i�TI1l�1.�►�lC��l EXT: CITY OF FEDERAL 'WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: � 2. ORIGINATING STAFF PERSON: - � ������� EXT: �` _ 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE ��ONTRACT AMENDMENT (AG#): ( �' D ❑ OTHER ❑ MAINTENANCE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ SECURITY DOCUMENT �E.G. BOND REI.ATED DOCUMENTS) ❑ RESOLUTION ❑ INTERLOCAL 5. PROJECT NAME: �h�XC�� �� L C'..lC(�Il� T 4'U f��� -'__ �� �' ` -- � �-- --�---- 6. NAME OF CONTRACTOR: I� �' �a Y LL_' � 1� W-� �( o� � 1 �''��S ���� �S ADDRESS: �(7 '�� �("���j��•c�a- �j�l�(p TELEPHONE ��, ��� E-MAIL: FAX: SIGNATURE NAME: �� �I'1,Ca�, TI'TLF, �(',(� EXHIBITS AND ATTACHMENTS: SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS CJ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR GONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: COMPLETION DATE: s'J 2- `�`' �- 3`3��j'� -�� _ .3� 13Z' v� 9. TOTf�L COMPENSATION $� /i � IQ � I �INCLUDE EXPENSES AND SALES TAX, IF ANY� (IF CALCULATED ON HOURLY LAB R CHARGE- ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOL[DAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR $ IS SALES TAX OWED _�ES ❑ NO IF YBS, $ ����`� PAID BY: �'�ONTRACTOR 0 CITY ❑ PURCHASING: PLEASE CHARGE TO: _-��j� �\�O° C���} � I�S'3�" �� 10. DOCUMENT/CONTRACT REVIEW �tOJECT MANAGER ? � �DIRECTOR ❑� K MANAGEMENT ([F APP[.ICaBLE) �.�J LAW 11. COUNCILAPPROVAL(iFaPPLicasLE) INITIAL / DATE REVIEWED INITIAL / DATE APPROVED '6-��- 2 � l'�. - ----- ��.� r COMMITTEE APPROVAL DATE: 1' � Z' � � COUNCIL APPROVAL DATF,: ,'" �� � � � 12. CONTRACT SIGNATURE ROU'TING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS �AW DEPARTMENT y�Z7 � SIGNATORY ( �Q�,�� ) .� � � CITY CLERK ASSIGNED AG# � SIGNED COPY RETURNED INITIAL / DATE SIGNED � 2 � � � -- -�+ �--� — AG# �� • QZ _ _ DATE SENT:"'1 • ;L� . � \ COMMENTS: I S � Amrr:wd�:n� � — -- lv9 MacDonald-Miller ��ca�.��� ���.���a�s June 30, 2011 Steve Ikerd City of Federal Way 33325 8th Ave. S. Federal Way, WA 98003 RE: Amendment to 2011 Energy Efficiency Equipment Installation & Services Agreement Dear Steve: Presented below is our amendment to the existing contract. The purpose of the amendment is to give you options for the following: 1) Repair all identified pre-existing conditions pertaining to the variable air volwne boxes. Lists of these conditions are attached. In addition, engineer prints show 2, 10" supply diffusers in Mayor's office. There is currently only one. 2) Replacement of fifteen (15) existing Staefa Smart II controllers with the new LON based Predator controllers. Sincerely, �� � � Dale L. Mesecher Account Manager MacDonald-Miller Facility Solutions, Inc. Page„ 1„of 7 PO Box 47983 7717 Detroit Avenue SW 2500 S Holgate Street MacDonald-Miller Facility Solutions, Inc. Seattle, WA 98146 Seattle, WA 98106 Tacoma, WA 98402 253.680.3170 �� June 30, 2011 Steve Ikerd City of Federal Way 33325 8th Ave. S. Federal Way, WA 98003 Amendment #1 Proposal #2011-14394-DM City of Federal Way City Hall, 33325 8th Ave. S., Federal Way, WA 98003 Initial 1 Cost for Repairing all Pre-existing Conditions to VAV Boxes and Installing Customer Supplied Supply Diffuser in Mayor's office (See attached pre-existing condition report) including sales tcrY is $13,348.00 2* Replacement of fifteen (15) existing Staefa Smart II controllers with LON based Predator controller, including sales tax is $22,584.00 *Staefa Smart II controllers are obsolete and no longer availczble for purchase. �d�. * '�+� ���-'+2���,� June 30, 2011 Dale L. Mesecher Date Account Manager MACDONALD MILLER FACILITY SOLUTIONS, INC. �' City of Fed ral Way � 1 � f ��,��I►,� ti � `ZDC� Date �� �Vednesday, July 20, 2011 Page 2 of 7 � � VAV Box Pre-Existing Conditions Report June 11, 2011 Envirotech VAV box 1101 Located in Room 1094 False Ceilin� The blower wheel is dirty and should be replaced to help prevent possible component damage Price for all parts and labor is $115.00 Envirotech VAV box 1103 Located at PS Counter The limit switch for the 2nd stage heat is open. This limit switch needs to be replaced to allow proper heat function of the box. Our price for all parts and labor is $110.00 Envirotech VAV box 1104 Located in Chief Lobby 1057 The limit switch far the 2nd stage heat is open. This limit switch needs to be replaced to allow proper heat function of the box. Our price for all parts and labor is $110.00 Envirotech VAV box 2108 Located in CRT Staff Room 1140 The Staefa control velocity probe is defective and will not allow proper cfm distribution to zone when called upon to do so. NO WARRANTY USED PART Our price for all parts and labor is $450.00 Envirotech VAV box 2111 Located in CRT Admin Hall 1138 The limit switch for the 2nd stage heat is open. This limit switch needs to be replaced to allow proper heat function of the box. Our price for all parts and labor is $110.00 Envirotech VAV box AH 102 Located in Traffic Hall 1035 The limit switch for the 2nd stage heat is open. This limit switch needs to be replaced to allow proper heat function of the box. Our price for all parts and labor is $110.00 Wednesday, July 20, 2011 Page 3 of 7 ��' Envirotech VAV box 1219 Located in Judge Area 1143 The limit switch for the 2nd stage heat is open. This limit switch needs to be replaced to allow proper heat function of the box. Our price for all parts and labor is $110.00 Envirotech VAV box Al207Located in PS Lunch Hall The blower motor in this boxed is seized and will not �perate;. We r�c�mmend this motor be replaced. Our price for all parts and labor is $450.00 Envirotech VAV box 1202 Located in Perm�ts Lobby 2014 The limit switch for the 2nd stage heat is open. This limit switch needs to be replaced to allow proper heat function of the box. Our price for all parts and labor is $110.00 Envirotech VAV box 1203 Located Room 2056 The electric heat has been unhooked from this unit. TJVe recornmend time be give to diagnose and provide recommendations. In addition, the Staefa control velocity probe is defective and will not allow proper cfm distribution to zone when called upon to do so. NO WARRANTY USED PART. Our price for replacing Staefa VP controller and trcubleshooting is $675.00 Envirotech VAV box 1205 Located Room 2025 The limit switch for the 2nd stage heat is open. This limit switch needs to be replaced to allow proper heat function of the box. Our price for all parts and labor is $110.00 Envirotech VAV box 1212 Located PS Quarter Master 2009 The blower wheel is dirty and should be replaced to help prevent possible component damage. Our price for all parts and labor is Envirotech VAV box 1213 Located IS 2049 The transformer coil is weak and should be replaced befare failure occurs. Our price for all parts and labor is $115.00 $110.00 Wednesday, July 20, 201 I Pa;�e 4 of 7 ��': Envirotech VAV box 1215 Located IS 2049 The limit switch for the 2nd stage heat is open. This limit switch needs to be replaced to allow proper heat function of the box. Our price for all parts and labor is $110.00 Envirotech VAV box 2204 Located in FD 211 The Staefa control velocity probe is defective and will not allow proper cfm distribution to zone when called upon to do so. NO WARR.ANTY USED PART Our price for all parts and labor is $450.00 Envirotech VAV box 2205 Locate in C D 2089 The limit switch for the 2nd stage heat is open. This limit switch needs to be replaced to allow proper heat function of the box. Our price for all parts and labor is $110.00 Envirotech VAV box 2211 Locate in Room 2104 The heating elements in this box were found open and no longer operational. We recommend removing this element assembly, having it re-strung, and reinstalled. Our price for all parts and labor is $600.00 Envirotech VAV box 2214 Located in 2nd Floor Planner 2111 The limit switch for the 2nd stage heat is open. This limit switch needs to be replaced to allow proper heat function of the box. The Staefa control velocity probe is defective and will not allow proper air flow. These controllers are obsolete and no longer available for purchase. We recommend replacing with LON based Predator controller. Our price for all parts and labor is $1485.00 Envirotech VAV Box 1220 Located in Room 1128 Report Write The Staefa control velocity probe is defective and will not allow proper air flow. These controllers are obsolete and no longer available for purchase. We recommend replacing with LON based Predator controller. Our price for all parts and labor is $1375.00 Wednesday, July 20, 2011 Pa��.e � of 7 �� Envirotech VAV Box 2109 Located in Room 1140 Crt Staff The Staefa control velocity probe is defective and will not allow proper air flow. These controllers are obsolete and no longer available for purchase. We recommend replacing with LON based Predator controller. Our price for all parts and labor is Envirotech VAV Box 2203 Located in Room 2116 F.D. $1375.00 The Staefa control velocity probe is defective and will not allow proper air flow. These controllers are obsolete and no longer available for purchase. We recommend replacing with LON based Predator controller. Our price for all parts and labor is $1375.00 Envirotech VAV Box 2213 Located in Room 2092 Crt Room The Staefa control velocity probe is defective and will not allow proper air flow. These controllers are obsolete and no longer available for purchase. We recommend replacing with LON based Predator controller. Our price for all parts and labor is $1375.00 Envirotech VAV Box 1108 Located in Room 1048 Files The damper actuator for this unit has failed and will need to be replaced to allow proper opening and closing of damper for proper air distribution. Our price for all parts and labor is $350.00 Mayor's Office Supply Diffuser There is currently one supply diffuser serving the majors office. Engineering prints indicate a quantity of two (2) are required for proper air flow. We recommend installing an additional 10" supply diffuser. Customer to supply diffuser. Our price for all material and labor is TOTAL FOR ALL PARTS AND LABOR $12,190.00 $900.00 �Vednesday, July 20. 2011 Page 6 of 7 TERMS AND CONDITIONS Acceptance Scope of Obligations Ob�igations of Customer By authorizing MacDonald-Miller Facility Solutions, Inc. to provide the services contemplated by this Agreement, Customer agrees to the terms and conditions herein stated. MacDonald-Miller Facility Solutions, Inc. shall provide basic service maintenance and emergency service when contracted for, and under fixed fee shall make normal operational adjustments to the equipment as listed on the Equipment List and Work Order. Customer shall operate the equipment in accordance with instructions given by MacDonald-Miller Facility Solutions, Inc. and the manufacturer and agrees to extend all reasonable cooperation requested in terms of personnel; premises; available building maintenance material, tools, ladders, etc.; and movement of items blocking normal access to required work; and shall promptly notify MacDonald-Miller Facility Solutions, Inc. upon observation of any unusual operating condition. MacDonald-Miller Facility Solutions, Inc. shall have full and free access to the equipment to provide service. Service Availability MacDonald-Miller Facility Solutions, Inc. agrees to provide service availability during normal business hours, i.e., 8:00 to 4:30 pm, Monday through Friday, holidays excepted, and service at other than normal business hours, if contracted for, at the hourly rate and terms, including vehicle charges or special assessments, then in effect by MacDonald-Miller Facility Solutions, Inc. If any emergency service call is made at Customer's request and inspection does not reveal any defect for which MacDonald-Miller Facility Solutions, Inc. is responsible, Customer wiil be liable for regular charges prevailing for such service. C�stomer acknowledges that there is a minimum charge of one (1) hour. Charges and Terms Taxes If persons other than representatives of MacDonald-Miller Facility Solutions, Inc. perform maintenance or repair a unit of equipment, and as a result further repair by MacDonald-Miller Facility Solutions, Inc. is required, such repairs will be made at MacDonald-Miller Facility Solutions, Inc.'s applicable time and material rates and terms then in effect. Maintenance or repair by any person other than MacDonald-Miller Facility Solutions, Inc. may invalidate any applicable warranty by MacDonald-Miller Facility Solutions, Inc. and/or manufacturer. All maintenance contract charges wiil be invoiced in advance of work performed. All service repair, special project, and extra work will be progress invoiced. Payment is due upon receipt of invoice. Any balance due after 30 days shall bear interest at the maximum legal rate permitted from the invoice date. There will be added to al� charges the amount of any present and future taxes or any other governmental charges now or hereafter imposed by existing or future laws with respect to any services rendered or parts supplied. Exclusions Maintenance service does not include: (a) water supply and drain beyond the subject equipment; (b) equipment housing, casing or enclosure; (c) electrical service beyond the equipment disconnect switch, or service requirements due to power failure; (d) damage caused by freezing; (e) work required by government codes, building and union regulations; (f) energy management and emergency calls resulting from energy management activities (unless added by Contract Rider); (g) repair of damage or increase in service time resulting from accident, transportation, relocation, neglect, misuse, or other than ordinary use; (h) repair to equipment located in an unsuitable place of installation or an unsafe or hazardous environment; (i) emergency calls resulting from system design problems; Q) plumbing (unless added by Contract Rider); (k) non-moving or non-maintainable parts, heat exchangers (all styles), coils, ductwork, and boiler vessels. The Work Order assumes the systems covered have received required regular maintenance and are in good working condition. If repairs are found necessary upon initiai inspection or initial seasonal start-up, repair charges will be submitted for approval (unless added by Contract Rider). Should these restoration charges be declined, those non-maintainable items will be eliminated from the program and the monthly maintenance price adjusted accordingly. MacDonald-Miller Facility Solutions, Inc. will not be required to make safety tests or to install new attachments, additional controls or equipment as recommended or directed by any insurance company or governmental authority, or to make replacements contracted for with parts or devices of a different design for any reason. Limitation of Liability MacDONALD-MILLER FACILITY SOLUTIONS, INC. SHALL NOT BE LIABLE TO CUSTOMER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, OR ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR ITS SUBJECT MATTER WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Restriction on Hiring Default Term General The customer agrees that MacDonald-Miller Facility Solutions, Inc.'s liability thereunder for damage to equipment, as covered by the Equipment List, shall not exceed the amount paid for services for the applicable equipment during the preceding three (3) months and only if such damage is the result of MacDonald-Miller Facility Solutions, Inc.'s negligence. MacDONALD-MILLER FACILITY SO�UTIONS, INC. DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MacDonald-Miller Facility Solutions, Inc. shall not be responsible or liable for any loss, damages or delay in furnishing materials or failure to perform services when caused by fire, interruption of utility services, flood, acts of civil or military authorities, insurrection, terrorist act, riot, civil disorder, labor disturbances, or by any other cause which is unavoidable or beyond its control. If Customer employs or retains as an independent contractor within 180 days subsequent to termination of this Agreement, any present or former employee of MacDonald-Miller Facility Solutions, Inc. who performed any services under this Agreement. Customer agrees to pay MacDonald-Miller Facility Solutions, Inc. a sum equal to 6 months service charge, as a reasonable reimbursement to MacDonald-Miller Facility Soiutions, Inc. for its expenses in training and familiarizing the present or former employee with Customer's system. If Customer does not pay the amount due thereunder, or breaches any of the terms of this Agreement, MacDonald-Milier Facility Solutions, Inc. may, in addition to any other legal remedies it may have, refuse to continue to service the equipment. If this Agreement is an annual agreement, it shall remain in effect from year to year or until canceled by either party on 30 days written notice. Prices will be subject to periodic changes due to change in labor and material rates. This Agreement shall be governed by the laws of the State where the work was done. The terms and conditions herein shall prevail notwithstanding any variance with the terms and conditions of any order submitted by Customer with respect to maintenance service. Either party may terminate this Agreement at any time for failure of the other to comply with any of its terms and conditions. Customer represents that he/she is the owner of the equipment or, if not the owner, he/she has authority to enter into this Agreement. In the event any party shall bring suit or action against the other for relief arising out of this Agreement, the prevailing party shall have and recover against the other party all court costs, disbursements, and a reasonable attorney's fee. Customer consents and agrees to jurisdiction and venue of any proceeding in the District or Superior Court of ihe State of Washington for King County at MacDonald- Miller Facility Solutions, Inc.'s election. CITY OF Federa I Way Parks and Facilities Division Date: To: From: Via: Subject: June 30, 2011 PRHSPS Council Committee Stephen Ikerd, Parks & Facilities Manager Jason Gerwen, Parks & Facilities Supervisor Mayor Skip Priest First Amendment to the MacDonald-Miller Performance Agreement Background: The City entered into an Energy Performance Agreement with MacDonald-Miller Facilities Solutions November 2010 to upgrade City Hall; front end Direct Digital Controls (DDC), replace 3 rooftop HVAC units and install one new unit. This project was funded through an ARRA Grant, PSE rebate program and guaranteed future energy savings. The equipment and controls have been successfully installed. Now that the new front end DDC controls are installed and the system is operating, additional testing has revealed that there are 24 repairs needed to interior equipment. City Hall has 78 heating and cooling zones that are controlled by individual Variable Air Volume boxes (VAV). Each one of these VAV boxes has a proprietary Staefa controller and velocity probe that is obsolete should they fail. Nine (9) of the 24 VAV boxes in need of repairs have Staefa controllers that have failed. There is a universal LON controller upgrade available that will allow these VAV boxes to still function with our new front end controls. Rather than upgrading all Staefa controllers, staff recommends upgrading 15 controllers now and then use the 15 removed Staefa controllers as spare parts for any future failures. This strategy reduces the cost to replace all controllers now and extends our serviceability for a much longer period of time. These needed repairs affect the overall performance and comfort levels in various locations of the building, so we are requesting authorization to use building replacement reserves to make these repairs. Recommendation: Amend the MacDonald-Miller Performance Agreement to include the 24 repairs and replace 15 Staefa controllers in the amount of $39,346.01. Funding for this project would be from the City Hall building replacement reserves. Expenditure summary: Repair estimate 10% contingency Total Amendment Funding summary: Current balance in City Hall replacement reserves Amount requested from replacement reserves Balance in City Hall replacement reserves $13,348.00 — 24 repairs 22,584.00 — 15 LON controllers 3,593.00 $39,525.00 $1,569,604.00 39,525.00 $1,530,079.00 CC — Cary M Roe; P.E., Director, Parks, Public Works and Emergency Management COUNCIL MEETING DATE: July 19, 2011 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: FIRST AMENDMENT TO THE MACDONALD MILLER ENERGY PERFORMANCE AGREEMENT POLICY QUESTION Should the Mayor and Council authorize a first amendment to the MacDonald-Miller Performance Agreement and authorize the use of building reserve funds to pay for repairs? COMMITTEE PRHSPS CATEGORY: � Consent ❑ Ordinance ❑ City Council Business ❑ Resolution S'rAFF REPOa'r BY: Jason Gerwen — Parks & Facilities Supervisor Attachments: First Amendment to the MacDonald—Miller Memo Options Considered: MEETING DATE July 12, 2011 ❑ Public Hearing ❑ Other DEPT PRCS 1) Authorize a first amendment to the MacDonald-Miller Performance Agreement and authorize the use of building reserve funds to pay for repairs in the amount of $39,525.00 2) Do not authorize use of building reserve funds and provide direction to staff MAYOR'S RECOMMENDATION Option 1: Authorize a first amendment to the MacDonald-Miller Performance Agreement and authorize the use of building reserve funds to pay for repairs in the amount of $39,525.00 MAYOR APPROVAL: DIRECTOR APPROVAL: Conu�uttee Council Conunittee Council COMMITTEE RECOMMENDATION: I move to forward the authorization of a first amendment to the MacDonald- Miller Performance Agreement and to use building reserve funds to pay for repairs in the amount of $39,525.00, and authorize the Mayor to move said authorization to the full Council July 19, 2011 consent agenda for approval Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION "1 move approval of authorizing a first amendment to the MacDonald-Miller Performance Agreement and to use building reserve funds to pay for repairs in the amount of $39, 525.00" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # RE V[SF.D — 08/ 12/2010 RESOLUTION # xETU�r To: ,� ExT: �� �� CITY OF FEDERAL AY LAW DEPARTMENT ROUTING FORM 1. ORIGII�TATING DEPT./DIV: j I�.�S 2. ORIGINATING STAFF PERSON: ST� �,���lZ_ EXT: � 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE ❑ CONTRACT AMENDMENT (AG#): �OTHER '�cGr �t�rw�au�r� ❑ SECURITY DOCUMENT �E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION ❑ INT�RLOCAL 5. PROJECT NAME: 6. NAME OF CONTRACTOR: � d N� ��,� • ADDRESS: $ TELEPHONE 'z�"Gj�bO E-MAIL: FAX: SIGNATURE NAME: �� TITLE� • 1 vl� • 7. EXHIBITS AND ATTACHMENTS: ❑ ScoPE WORK OR SERVICES ❑ COMPENSATION O INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN �REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS a� 5 2c� l 1� L��� 8. TERM: COMMENCEMENT DATE: �����"' � COMPLETION DATE: _� �d � T � C � -�� �C;C�.h /� b0 9. TOTAL COMPENSATION $ �pU� � S�Q� � �INCLUDE EXPENSES AND SALES TAX, IF ANY� (IF CALCULATED ON HOURLY LA�OR HARGE -ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES T'AX OWED �YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOILB'�TY ❑ PURCHASING: PLEASE CHARGE TO: �vS I � OQ'' O� q" '�j I$'�j�" _'q V�/ 10. DOC ENT/CONTRACT REVIEW ROJECT MANAGER l'��((;�DIRECTOR �RISK MANAGEMENT (�F APPLiCaBLE) �'1;AW ll . COUNCIL APPROVAL (tF aPPLtcasr.E) � ---C�a� ` INITIAL / DATE REVIEWED INITIAL / DATE APPROVED �-�- ct-t�-►� � i-7-�t -'.� � Z3� i!-�' � 1 l �2�1 - O S.l�- � � -� l� -� � �2- ('' � .� �c.�s�r r� s �� �� COMMITTEE APPROVAL DATE: 'L� �- I COUNCIL APPROVAL DATE: 1' �{- �( 12. CONTRACT SIGNATiJRE ROiJTII�iG �SENTTO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: I� — ❑ ATTACH: SIGNATURE AUTHORITY, INSLJRt�NCE CERTIFICATE, LICENSES, EXHIBITS T lI 3� �SIGNATORY ( M/,�,� � 1 _ � ��•'� �ASSIGNED AG# SIGNED COPY RETURNED �� `� �I-- E�11� 1Y1����'��.�.��'l.C.�l COMMENTS: � ti v� n rn .3 =-I-Inp,�.� Y'e-�-e�nc.P C��t In INITIAL / DATE SIGNED AG# � - �"j � DATE SENT: � • �� -{'� ��� � yr� �.(.�C' I 1��I � I 1 �-��j-�0���2-00-P�1� ( � �� 11/9 ���� r � � • � .:� � � . '� � �� 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` 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 8` Avenue South, Federal Way, WA 98003 ("Customer"). 1. Eauipment. 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. Utilitv 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. Energv Cost Savings Methodolo�v. 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 Comqliance Reportin�. Contractor shall provide to Customer the required American Recovery and Reinestment Act ("ARRA") reports and compliance documentation in a timely manner. 5. Customer Pavment Obli�ations. 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 Obli�ations 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. Eauipment 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 executio� 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 witl 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 Dama�e 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 letter of insurance coverage. 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. Assi�nment. 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 now 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 E�ciency 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 (or 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) 7683995 email: bob.lyden@macmiller.com If to Customer: City of Federal Way 33325 8` 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. Indemni�cation. 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 .. t::'i � � �• • �.� _: � �� „ i City of Fe ral Wa �'��� "�� BY: c' Pri T E: M or DATE: � —` `� Energy Efficiency Equipment Installation & Services Agreement Page 6 of 7 EXHIBITS Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: Equipment to be Instatled Desc�iption & Location of Premises; Pre-Existing Equipment Inventory Equipment Acceptance Certificate Energy Savings and Reporting Methodology Preventive Maintenance & Energy Management Services City Council Resolution Pricing & Financial Analysis Energy Efficienty Equipment Installation & 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: Ciy Council Resolution Transaction Closin� Document Checklist • Energy Service Agreement (ESA), with all exhibits and attachments • City Council 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 INSTALIED 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 II 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 uninte�ruptable power supplies for 1ACE 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. 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 Svstem 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:OOam — 06:OOpm M-F (Sat —Sun) = Off RTU-2 06:OOam — 06:OOpm M-F (Sat —Sun) = Off RTU-3 06:OOam — 06:OOpm M-F (Sat —Sun) = Off RTU-4 06:OOam — 06:OOpm 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 Efficienty 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 Equipment 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 24x7. 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 zeroj. 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 E�ciency 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 actua) 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 control (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 (S00 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 Agreement Exhibit A EXHIBIT B DESCRIPTION & LOCATION OF PREMISES: PRE-EXISTING EQUIPMENT INVENTORY The City of Federal Way City Hall is (ocated at 33325 8` 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: 1 5t floor has approx 50% of the sq ft that operates 24-7 1 & 2" floors have Conference rooms that have night Meetings until 10:OOpm 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 Unit # Manufacturer Description Model # Serial # Location ' Coils Filter Belt RTU-1 TRANE ROOFTOP AIR SXHFC754DOOA9 J94F71819 ROOF CONDITIONER A35-16X20X2 PLTS RTU-2 TRANE ROOFTOP AIR SXHFC754DOOA9 J94F71818 ROOF CONDITIONER A35- 16X20X2 PLTS RTU-3 TRANE ROOFTOP AIR TCD120B400CA J15143854D ROOF CONDITIONER 1-16X10X1 PLTS 3-16X20X1 PLTS 2-16X25X1 PLTS 1-10X20X1 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- 10X24X2 PLTS 8- 24X24X2 PLTS Energy Efficiency Equipment Installation and Services Agreement Exhibit B Unit # Manufacturer Description Model # Serial # Location Coils Filter Belt AHU-2 CARRIER AIR HANDLER 40RMO24-651W 2407U17830 TRAFFIC 1016 1- 10X24X2 PLTS 10- 24X24X2 PLTS HPCU 1 CARRIER CONDENSIN6 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 DG1 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 PITS 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 Equipme�t Installation and Services Agreement Exhibit B Unit # Manufacturer Description Model # 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 A►R TBD TBD COUNCIL HALL 1207 VOLUME BOX 2- 12X15X1 PLTS 2031 VAV TBD VARIABLE AIR TBD TBD PS LUNCH HALL Al207 VOLUME BOX 2- 12X13X1 PLTS 1062 VAV TBD VARIABLE AIR TBD TBD LAW LIBRARY 61207 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 4- 12X24X1 PLTS Energy Efficiency Equipment Installation and Services Agreement Exhibit B Unit # Manufacturer Description Model # Serial # Location Coils Filter Belt 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 VARIABLE 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 8 Unit # Manufacturer 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 VOIUME 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 VARIABLEAIR TBD TBD PATROLTMR 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 TBD 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:OOpm M-F (Sat —Sun) = Off RTU-2 05:30am —11:OOpm M-F (Sat —Sun) = Off RTU-3 07:30am —11:OOpm M-F (Sat —Sun) = Off (Some night or weekend meetings) RTU-4 07:OOam —11:OOpm M-F (Sat —Sun) = Off (Some night or weekend meetings) AH U-1 24X7 �m�►�z�t� 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 (BSPj 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 24x7. MAU-1 (Mixed Air Unit) Commanded to run per schedule currently defined as 24x7. 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 Efficie�cy Equipment Installation and Services Agreement Exhibit B EXHIBIT C EQUIPMENT ACCEPTANCE CERTIFICATE I, the undersigned, hereby certify that: (1) I 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 and 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 �nstallation a�d 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 over time. 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 Installation 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 5pace 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. Energy Efficiency Equipment Installation and Services Agreement Exhibit D EXHIBIT E PREVENTIVE MAINTENANCE & ENERGY MANAGEMENT SERVICES Prepared for: City of Federal Way City Hall 33325 8 Avenue South Federal Way, WA 98101 MacDonald-Miller ��c��'�r�r so�u�r�o�s MacDonald-Miller Facility Solutions, Inc. 7717 Detroit Avenue SW Seattle, WA 98106 Energy Efficiency Equipment Installation and Services Agreement Exhibit E Building Performance Assurance Scope of Work MacDonaid-Miller FACILtTY SQkUTiONS This document defines the Preve�tative Maintenance and Energy Management Services ("Services") Scope of Work for the City of Federal Way's City Hall, located at 33325 S 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 Corrective Maintenance/Repairs — 5tandard Coverage Equipment covered: VAVs, EFs and HVAC Controls MacDonald-Miller ��c��.��r s�cur�o�vs 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 (Comprehensivej 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 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 Equipment Installation and Services Agreement Exhibit E Building Performance Assurance Energy Management MacDonaid•Miiler F�CILtTY SOLUTION& 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 MacDonaid-Miller ��1C1LtTY St�LUT10NS 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 E�ciency Equipment Installation and Services Agreement Exhibit E Building Performance Assurance MBGbOtl2llt�M��IBI' �������� ���.�,����� Mac[3mnald-i�lill�r ��eility SQlutions MacDonaid-Milier FACiLITY SOLUTIONS _ _. Main#enance Tasks _ Sitec Ciiy of Federal "4"Jay ciry Ha11 _ . 3332� Sth Av�. S. Account Nlanager: Dale Masecher Federal VYay.1"!A 98U0�� Gontaet; Sieve Ikerc! Phone; 253-835-b911 ;� warc ro�.��� � p . .: ' �.4Y@�� Qr�CS� n�.; �^ • ai y ��,: i�ui ,. �".�`� G!�" -d"f � 16(tl!�k�"�;;��kdAm�d.�fl,'r��sl l,v s 49"r1��� '°'� � .. I< ,... _. . "uii v . _ .".n.�,�Uib�mrv<.. ., aiiur uinii�. AHU AIRHANDLER Fall { j CHECK BELTS 1 u . (� M�SPECT COMI3Eht"SA7E PPaM. PUt.IP, kR1DTRAP [ I 46� PAN TABS ( j CHfC:K FOR UNUSU.4L VIBRt±.TiQh! A��tD NOISE I� CHECK CON6f�f4N OF C0� ' ' ( j CHECK PULLE`( 4°�EtkR . [� LUBRfGATE BLC�1'�fR h10TOR (PER t�1fG SF�GSr ( J LUBRIGA'�f BLO'hrER B�ARi�dGS (PER k1FG SRECS) __ FRfSH ,�tR CYCLE (IF fQUIPPfB) _. _ _ _ � � c�ec� a��,�c c�r�uais _ __ { � CH�CK BA�.iPER OPERATt4�1 _ fLEC7RkC N�+"+3': (IF REQUIRfD} .. _ I I CHECK AEdP IIRAVt+ _ _ _ � j CHECK COht�ACTOR POINTS I I CHECKTEfi1PERA.a'URE �tiSE Gt�S HE.+{T: t`#F R�QUERED� [ � �HECK �EI»dPERC�.illRE R15E ( I CHECK SEQUENCER OPfR.�i'�40N ( � �HE�K fC.N Sj,'�IICH ( J �JISU,�tL �NECK OF HE.+'tT EY:CHd,NL'sER.4ND V1SUrtiL CHECK af FLUE I � CHECK PtLQT SET�ING ' I l CHECK tAAIhJ LWE G,�'+S FRESSURE I I CH�CK k1AN1P0it} �AS PRESSURE ( � CLE,�N CO�IEUSTfIN BLO�ERft�HEEt _ ( j 01� COM9USIIOti' BLQ?NER FAG70R _ _ _ _ ' j � CLERN �.t�D ADJUST 1GT�IT�OR . _ __ , _ j jCHEGK4�OL7,�.GE I �CHECKAtRiPDRA?�5+ __ _ AHU AIRHANDLER Winter (ICHECKSELTS _ _ (� INSPEC� C4NaEtJSP+"ff P�aN.RUMP, AND 3RA�P _ � I .QDt3 Pt�M 7ABS _ ', ( s CH�CY. FOR UMUSUkL �JIB4t4TlOtJ AhlB NOISE ( j CHECK Cf3hf�R10N OF C0� _ ( � �HE�K VOLTKGE ( j GHEC:K t �R.�'4V Energy Efficiency Equipment Installation and Services Agreement Exhibit E Building Performance Assurance MacDonald-MIIIer ��c�i� sa�.u�r�o�s � _. _ IIAacDanalch�fiter �acDonald-f�iller Facility S+atutivns ���b���� ���.������ _ Maintenance Tasks Site; City� of federal ;h�ay City� Hail ' 33325 8th Ave. S. Account Manager: Dale Mesecher Federal WaY,1WA 98043 Gantact: Steve Ikerd Phone: 253-835-ti911 IAHU 'IAIRHANDLER Spring jjCHECKBELTS _ ( j fNSPECT CQhiDENSAaE RtiM, PU�dP, t+P3� TRA.P _ [ � .�aC�D PA:N T�BS ' [ J CHECK FOR UNUSU.+tiL'JIBRATit7t� .kf+tD F�OISE _ _ _ [ � �HECK C4PkDffi0hl 0F C04L __ _ _ ' I 1 LUBRICATE BLOWER BEARINGS ' [] CHECK BLOWER WHEEL FOR DIRT _ (1CHECKAMPDRAW _ . +[]CHECKVOLTAGE �� � � � � � � � � � � � � � ' � � [ ] CHECK ELECTRICAL CONNECTIONS � . . . . �� [ ] CHECK CONTACTOR POINTS I 1 MEG OHM MOTOR (10 HP OR LARGER) FRESH AIR CYCLE (IF EQUIPPEDj [ ] CHECK FRESH AIR SCREENS ( ] LUBRICATE IF REQUIRED � � ' � � � [ ] CHECK OPERRTING CONTROLS . �. [ J CHECK DAMPER OPERATION _ [ ) CHECK MINIMUM POSITION [ ] CHECK REUEF QF EQUIPPED) _ �. AHU . . . .. .. AIR HANOLER . . .. . .. . .. . . . ' Summer � �[ ] CHECK BELTS . . . . . . .. . ... . .... ... . . .��. . . ... .. . .. . � � � �� �� �� � ��� � ![ ]INSPECTCONDENSATEPAN,PUMP,ANDTRAP � . _ . . � _ _ I 1 A0� PAN TABS �� �� ���� ���� ���� ���� ��[]CHECKFORUNUSUALVIBRATIONRNDNOISE � __ . �.� �... ..,� _ .��, .�.. �� ]CHECKCONDITIONOFCOIL ... .,� .. . ; � � ��,[]CHECKVOLTAGE � _ ... .... ..... ..... ..... _.. .. ._. ...�� �CHECKAMPORAW.. .._ ... ...... , . Energy Efficiency Equipment Installation and Services Agreement Exhibit E Building Performance Assurance IWI+4�C�OEl81C�-�I!`��M�C ���,�r�� ���.�„����� MacDonald-Miller FAClLtTY Sf}LUT14?P!5 MacDonald-Miiller Facifity Sc�lutians �a�ntenance Tasks Site: City of Federal �tay eity Hall 333�5 8th Ave. S. _ _ Account Pdanager: Dale f�9esecher' Fedecal "�ay, 4"d,4 98G43 Gontaet; Sieve lker� _ F+hone; 253-835-6JU _ _ ,, n�ia���, -� ., i�Jiima:�iu��ra � r��w.�'wiu�xv, u�w�.u2� '�:� �' � ' �+u+.�i�i�aq�eHm�`�in' 6 awi m��r -� �e� ��� , �� j��'P� H ��.�. Ii�i �„ n � __ .�4unt�, ��',�3!' ,. ,. . �.� hf .,M.,-� t I �u P t v �:"e19 �,�?tr�,sid� . . . , : ui�ezucakN-.�s..a::,e �a:ra-o'winh'o-9t'� . . - .�w a �: CAC �. COMPUTER ROOM AIR CONOITIONER '� Fall �; ( � �HECK PULLE'e' °eS,+EA.R ' � [ I CHECK BfLTS '� � �HECK PULLEY,4LlGNI.1EI�IT I� GHECK COPlDEPFSATE PAt�I.PUFdP, #t�[T TRt�P I I kDD PAN T:+SBS I j CHECK Ut�tUBUAL �l16RA�IC1hf ! N�tSE ( 3 CHErK INDOOR 14U�IIQOR COiL GOND�ION ' I J CHEGK $llPPLY VOL�',�GE ( � �NECK FrS0�4R:4k1PS ( � CMECK COhITROL SPS POiN3S _ __ __ I l CHErK CRIENKCfySE HE1kTER _ _ ( J CNECK OEL LEVfL __ ____ [ j CHECK IiQU� UNE SIGH� �L.�,SS _ _ _ � � GHEC:K MECH,4h11C�.L �qOLING SE�UEhtCE OPfR4TI0f�{ _ _ [ j CHE�K COMPf2ES50R 1�1�70dR C0� . TEF,IPERATURE IIROP IIEG.F. _ _ . ( j CHECK COt�iPRES�i�R DISCHC>.RGE �'Ef,1�RATURE _ #1 ArG #� I j�HECK POR REFR#GER�.t+{T LEAKS (�lISUAL} ' ' [ � CHECK V1+A3ff2 EGC}PlOMIZER (IF EQUIP� { � CHECKfLECTRI� HE,4� _ _ ( j LUBE HL04�+`ER BE+�R�IG� t`IF REQU€RED� [ j CHECK C.r+ItBR�t�10N Qf TEFiPfR.��'URE Cf7NTROLS [ � CHEC.K C+�L4BRA�'IQP� df ALt+Rf.1S [ j GHErK �L4Rr.9 �WD S'�S�h9 COPt"�ROL SE� POfNTS I � CHECK �iLARf.1 LIGHT j � GHECK CON�R9L Sf4UENCE -!+U"iRfr1S ( � CHECK HUh�t�(F�R PAfd �+ND OPER4TtOh� j j �HEGK IP7FR�lR�D BULBS j j CHEC:KthUa� FLUSH I I CHErKDEHUFAID��R OPERCa�'faN j j CHfC.K fi2Ef�TE PROTECTIO« OEG. f. . ( � CHECK D1fTRlTE LEVEL PPM I 1.AlTfRhtA'� LEAD 1 L,�+.G Energy Efficiency Equipment Installation and Services Agreement Exhibit E Building Performance Assurance MacDonald-Miller �ac��.�tr� so�uxior�s �tac�►na�c����er MacC�►vnatd-M[iller �acility Salutions F����:�� ��,����� _ _ . �+iaintenance Tasks __ Site: City of Federal S�Nay� City Hali 33325 8th .�ve. S. Account Manager: Dale �lesecher Federal �N�Y, Nda. 98003 ' Contact; 8teve Ikerd Phone; 253-835-5911 �a 5ii �t t^� �47 �Ini��Y N� i g un � �,�. i � �9*'�" � m�'l i �� " "5� ,„ = '�0.1�f ,,� °'��' . DeS�Dr�wl[in� 1 ... , a= , i�"i�;►��4" i � �.a , !, � � � ;a��:x ...- � °�a�, ti,,,. � , r,� .. � a, � r � °_ 'CAC COMPUTERROOMAIRCONDITIONER Winter ( jGHECKB�Li� j j CHECK PULLE4` AUGh!ldEPt� (} CHfCK CONI3fN'S PR.tJ,FU1.1P. AP�ID TRA+P � j,4DB PG.M g.ABS . { } GHECK Uk{USUAL'�/�RATICIN 1 P1�ISE (� CHfCK I�D00R ( OU7'Dt}C�R COIL CQND(�It�N . _„ j j �HECK SUPPLY �OLTAGE . _. _.. . _. . I I CHfCK ir10TOR AhiPS . ( ] �HE�K C4hfTTROL SEl' Ptl(FlTS [ j CHECK CRAPtKGASE HEATER ' _ I � �HECK OiL LEVEL I I CHECif LIflU� L�tE SIGH7 GLASS ,(} CHECK hiECH.ANlC�L CQ4LING S�tIUENCE C1PER4310h1 j� CHECK G(1f1PRESSI�R R�1D6flit G4� _ _ TEFAPfRC�..sUl� IIROP j} CHECK CC3MRRE�aS�R DISGHtaRGE TEh1PERt+TURf #1 #2 #3 { I CHECK FOR REFR#GERAI�iT LE.�KS t°�SU ( j �HECK'rA�ATER ECIINOtAIZE'R �IF EpUIP� _ I l CHECK ELEGTRlC HE.4T r� � CHECK INFR�,RfD BULBS ' ( � CMECK HU&1C}IFIER OPER1'.TIC7N I � GHECK v.UTO FLUSH j j CHECK DEHUh1��lER C}PER,�Tl4N j j CHECK CIRCIILATIMG PUhdP PRESSUFtES DISCHAR('sE gU CTIOt� j� CHECK LP�.D i L.G�C _ (� CHECK HOT G4S HEA7�G C't'CLE (I� EQU�} ', Energy E�ciency Equipment Installation and Services Agreement Exhibit E Building Performance Assurance MacDonald-Miller ��c���TV sa�.uTion€s naacr�ona�����+�r MacE�c�natd-l�lill�er Fa+eility Salutions ���� �o��:��� �+laintenance Tasks 5ite: City of Federal �,N�� Gity Hall 33325 8th �ue. S. Accoun# Manager: Federal t^�ay. �dA 48003 Gontact: Steue Ikerd Phone: 253-835-fi911 Dale t�esecher - �: ��- ��u�w � ���s � �� � ii7 r^�i�� r r � � �w r�a � - �a�rvuu � "��rir�H „. ..� �����'�� �'�i�.�.. °''�� on ���N . Gtmn��mITa�-„-�, ... $lask�wF. �ectc� r��. -� „�,.,�.a �rh�����WG111191�1�W�11�N�tt� ..-:: � � `CAC COMPUTER ROOM AIR CONOITIONER Sprmg ��j � GFIFGI4 B�LF"'s � � 3 �HEGK PIiLLEI't3.ltCPlMffJ� ___ ![ j GHECK COt�EN'SATE P,4M', PUt.1P, ,G.ND TR0.P _ _ { j Ad}D PAN TI'+65 [ j Gti�CK Ui�{USU�tL V�RA310P� 1 ty4t5E . (��HECK IWDO�R l OU�DOQF€ CQIL CONa(�I(}N . _ i � CHEGK SUPPLY VOLT,�.GE ' _ ( ] �HECK f,1C7TOR AMPS [ 9 CHECK C4PlTROI aET POINTS [ � �NEGK GRANkCJaSf HEA3ER I } CHECK OtL LEVEL (� CHECK LIQW� LBtE SIGHT GL1x.SS { j CHECK M�1ECH.AhtlC�+L C04Llh1G SEQUEhtGE �PERATI4N .j I CHECK COh1PRE��QR IhIBOOR GOII TEtAPERP+.TURE DROP DEG.F I k CHECK C(JP�IRRE�S�SOR �ISGHfiRGE'sEP.iPER�aTURf #1 #2 #3 ' ( l CIIECK FOR REFRI�EP.�fJT LEJ'iKS (VISUAL} ', ( j CHECK 4til+TER ECC�PtQt+11ZER {IF E4UlP} 1 � CHECK CONTr�CTOR POit�l�S d I CHECK COhlTAC7QR POINT VOLTAGE 4ftOP _ [ � CHECK ELECTRICAL CQNNE�710PJS (� CHECK HOT G�+S HE1.'�1G CYCLE (IF Ef}UTA�, ' _ [ � CHEr_KfLECTRiC HEA7' ' , ( j CHfCK It�FRAREO BULBS _ i � CHECK HUtA�I�IER OPERA,7}ON I _ ' [ j CK OPER+k�tMG PR�SS. DlSCH #1 #2 �S3 SUC310Ft #1 #2 #3 _ � � CHEGK SU8 COOLMIG #1 �2 #3 j � tr1EG pHPd C(7r.1PRESSORS #1 #2 #3 _ SUPPLY f.107(1R �t1 #2 #3 I � LUBE i.1OTCiR BEA.RQ�YGS ( J LUBE BLO�fJER BEARNJCS f�F REQUIRED} __ __ [ � �HELKAU7�r FLUSH . ( j CHECK C�I«1PRESS4R SUPER NEIrT#1 tk2 #3 _ � � �HECK SUB C04LiNG [ j CHECK LEtaL� 1 LA..+", [ j �HECK C4NTR0� SEQUENCE - AI�RPiS ( � CHECKALG.RP� �NGHTS [��HECK ALARF.9 AN�t S'fSTEt,t C JNTROL SE7 POihi?S I j CHECK NR'RI�t LEVELS PPPd j p CLE.�+N HUfii�IFIER PAPi Energy Efficiency Equipment Installation and Services Agreement Exhibit E Building Performance Assurance MacDonaid-Miller ��e�GM�rv �o�.u�rior�s � �waccr�na��-r����er MaeE?onald-Mifler Facifity Svlutions ' �����.� ������� _ _ l4laintenance Tasks , Si#e: City af Federai ;�ay City Hall 33325 Sth Ave. S. Account Manager: Dale I�Aesecher Federal v+day, 7 �A 980fl3 Gantact: Stev2lkerd _ Phtsne; 253-835-fi911 CAC COMPUTER RDOM AIR CONDITIONER Summer [� CHECK BEL75 ( � GHfCK PULLEY.4LMGt�RifNT { j CHECK CflFli3EPtS,4TE FAhF, PUI.1P, AAtD TI�P I I AOD P,�N TA6S (� CHECK UNUSUAL VIBR<+�14Ht I N�iSE ' ( j CHECK IN{2QOR r" C7UTt140R C01L C4NDITIOt�t I � CHE�K SUPPLY VOI�AGf I l CHECK fi050R.AkiPS ( j CHECK CONTR4L SPT P4iMT5 ( } CHECK CRFiPtKCJiSE HE.Ai'ER j J CHECK OfL LfLFfL [ � CHECK LIQUICt LiNE �IGHT CsLASS [� CHECK t.PfGH.�+.�JIC�.L CO�t4tyG SEa.UEF�tCE 4PERATION ( j CHECK COh1PRESSOR Ii�1D0(}R CC)IL TEf�1PERI+TURE DRC1P [ J C.HEC14 Cd1.9PRESSOR DISCHARGE TEf�9RERt�.StJRE #1 #2 _ #3 _ . ( j CHEGK FOR ftEFRIGfRAh17 LEs'sICS (V1SU.AL) , _ _ _ I � �HECK C.�P,4Cf�t' CCtNTROtS _ ( j CHEGK H�T {'z�4� MFJ+TA�FG C`r'CLE (� EQU�� , _. . _ _ I I �HECK ELECTRIC HE�T _ ( � CHECK IF1FiYA;RfD BUL6S . _ ! � � �HECK HUM�IFIER O�RkTk�hl _ ' i( j CHECK fi�U30 FLUSH _ I j �HECK DENllhi�IF�R OPfR!'.TIUht ( J GHECK COP1TROl �EQUEMGE - +SL}�.Rh1S I� F.LTERNi"+'fE LfAD J L�.G Energy Efficiency Equipment Installation and Services Agreement Exhibit E Building Performance Assurance MacDonald-Miiier ��coLr�v s�r.u�r�o�s �"� _ _ �racQ�na�a-n�t��er Macac�nald-N[iller Facility Solutio�s ' �����,�� �������� , _ Ma�ntenance Tasks Site: City ofi' Federal .�d�y City Hall 33325 8th Ave. S. Account Manager: Dale �tesecher` Federal'.�ay,'r�f,� 98003 _ Gantact; Steve lkerd _ Phane. 253-835-6911 DC DRY COOLER : Fall [] C:HECK FAN A(APS . _ ' I l �HECK VOLTAGE .I j CHECKTEIi1�RA�IIRE C4N':ftOL dPER�La ' _ I l CHECK FAM 9FERA?IdN ( � fNSPECT CC7MDRf4N Of C41L I j [r�SFECT EXPF.A7510PI Tr'tNK ( j CHfGK FOR UNUSU,�aL VIBR�TION Af�O PJ41�E ( j�HECK FAN BLiaD'ES FOR CRt+CK ( J CHEGK GL`r"COL CQhlCEN3Rl'aTIOM I � �HECK ELECTRI�AL CONNECTtOhfS _ _ I l CHECK COt�tiR�CT6R POINTS I l CHECK COWYACT(}ii POIPIT VOL3.t�GE t}RUP ( � CHECK FREEZE PRO�ECTIOt4� �EG.F. DC ..... DRY COOLER ..... .._.. ... _... ���. Winter '� { � CHECK FAaN A6RAS . . ...... . . ..... ... I l CHECKilOLYACxE . [ � �NECK�kVPfRA�11Rf GOMTI�4L OPERA�}OWS . _ _ I l CHfCK FA�# OF�R�'�IQN t l�ras�er Cor�Dr�4ow aF ea� { j IP1S��CT E3CP�.h1SI�Jh1 �ANK I l�HECK FOR UNUSUAL VIBR�fiTiON ,4htD N015E ( j CHEGK FAN BL.FaD'ES FOR GRA�KS OC . DRY COOLER .. . . .. Sprin9 .... ( � �HECK FAN .�+.P�iPS ... . . ..... . . . . .. . _. . . .. , t I cH�c� }ro�r€�c� I ] CNECK �EIiPfRATU�E GOh{7ROL OPER�'+�lOht I � CHECK F,�t� {}PEW+�IQPJ [ ] INSPECT CJNDfT}DW Of COIL ' ( j IhISPECT fXP�.�ISl4t9 TANK I] GNECK FOR UNUSUAL VIBRrk.TIDN AhlII NOI�E' _ _ _ ' [ I CNEGK fAN $LA�ES F4R CRACKS _ DC DRY COOLER Summer ,[] CHfGK FAN AF�F$ _ _ _ � J CHECK �IaLTAGE :I ] CNECK �Ef.1F�R1"aTU�E COPt7}70L OPER{'+.fiION __ _ _ t I c�r�c�c e�r� o�a;a,r�ar� _ ( j INSPECT C�NDlPi�N Of C�IL _ ( j lMS�C7 EXP�.�t�al0t�1 TRNK _ I��HECK FOR L1MUSll,AL+lI$RTaTa IOIJ CeND NQI�sE` I j CHfCK F,4N BLr+.DfS FOR CRA�KS Energy Efficiency Equipment Installation and Services Agreement Exhibit E Building Performance Assurance MacDonald-Miller F�CMtITY St7LUTit}NS �acc�ana�r����er Ma�cE9a►n�id-Miil�r F�cilit S�lutio�s ������� ������� Y_ Maintenance Tasks Sita: City of Federal Y;Nay� Cit� Hall ,' 33325 8th .�v�. S. Ac�count Manager: Dale h�esecher' Federal th+ay'. :°d.�. 98p�3 Contar:t: Steve Iker�i : Phone. 253-835-b911 HP HEAT PUMP Fall [ J CHECK BELTS ' I � CHECK PULLEY IaLiGNMEhJ� I� CHECK CONDfN!SATE PAtJ, PUl�tR �NQ 7R1iP I 1 4D� P�lh! TA6S ' [ j CNECK UhtUSUt�L VIBRt�T1C7N! �+t(SISE __ _ [ j CHECK It�D00W0U'�DQ(1R COCL COt�DfTtQt+{ _ ( , CNECK SUPPL't VOLTr`+�E _ _ __. j j CHfCK 11070R Af�PS j j �HECKECONQC,7¢ER CJPERt'�.TI01� _ . � I CHECK REL�f I3,�i�1PERS ( j CHECK CONTROt SE'� POtFlTS I � CHECK CRAh�KCkSE HEATER __ j � CHECK QIL LEVEL _ ( l GHEGK LIQUlD LH+IE SlGHT GLASS j J CHECK FAECN.�NICA.L COOLlNG S�QL�EFtCE 4PER.�.YIOF! i I CHECK F.9ECHAh14C�,1 HEA�G SECtUENGE OPERATfON [ � �HfCK G�k1PItES50R IhiDO�R �4iL �ta1�RATWRE DRt?P BE� F j]�HECK C4R9PRE;SSOR QISCHARGE TEF:IPERATIiRE DEG F. I J CHEGK fOR REFI�GER�.NT LfAF�S f,L'ISUAL� I l �HECK {7EFRaST COPt?Rt�L I� CHECK I+:UX�.LItaR�' HEA'a C1PERl+'�'IOPt I j VERIfI! OUTD04R PAh� IS OFF IfJ �EFROST t+tODE [ J CHECK REi'ERS�G VALbfE O�RAT�M { � LUBE 8L04�fER 6EA,RR�tGS (iF kPPLICf+BLE} ' j j CHECK EC4NOTa1�R COFl�RCJL CALIBRA.TIQh1 _ _ _ ( � �HECK PULLEY VdEAR .. j j CHECK 6AiFtit+tUM l,lR SE1"fIF1GS (ECt7NOtAIZERp (� CHECK EC�NOP,1�R I3,4MPER5 AN� IIhJIfAG£ FOR BIhtI}I�FG ANO LUB� j j�HECK FItESH A�2 SCREEMS Energy Efficiency Equipment Installation and Services Agreement Exhibit E Building Performance Assurance ' MacN�anai�-Nfiller . �'R�Bt�f�1' si34U7iC)3'�t� MacDonaid-Miller ��c�trrv so�.uTSOr�s MacGlanatd-I�7'iller Facif'itY' Solutions �laintenance Tasks _ ..... _.. . .,_ _ .. ___.. _. Site: Citg 4f Federai'V1{a� City Hali 33325 8th .Ave. 5_ Account Manager; Dale �tesecher; Federal ��4ray, �^d.A 9SQ03 C�ntact: Steve Ikerd Phor�e: _., 2�3-835�911 . _ HP ' HEAT PUMP Winter j��HE4K BPLTS . _ ( � CHEGK PULLEY,4.LfGNklfPli j��HECK C�NDENS,�7'E FAN, PURiP, &NO TRt+P � j A4D PAN T+�BS ( � �HECK UNUSU.AL zJfBRJt?IONfh1015E _ [ � CHfCK Ihl�O�RlOUTDdOR �QlL COMI}tilON � � CHECK SUPFL'�r' }JC7LTAGE � � CHfGK Gi070RG�1�1PS ' j } CHECK ECJNOf,11ZER ORfRa.TION I I CHECK 12EL�F [S,�.t�PEitS _ ' I I CHECK Ct7NTROL S�3' PONJTS _ '! I 3 CHEGK CRAP�K�,4.SE HEA3ER _ [ � �HECK OtL LfVEL . ( j CHECK L1QU10 l.INE S}GHT CsL.I�.SS _ I I�HECK ME�.HSahtlCtyL HEA3�JG SECkUEWGE 4RERi`+TlON _ ( J CHECK Ih1DOt1R C{}� 3Eh1PERA.7URE FYISE DEG.F I� CHECK COM9PRESSOR DiSGH.ARGE 3EfAPERATURE DfG F _ I 1 CHECK F�R REFR}CyEP�i•JT LEkKS f�J15UG.Ly I I CHEGKDEFROS7 COhl�RQL [ J CNECK,�UX�LIARY HEAT OPERATKJN ' . ( j'�fERlFY CIUTDCIOR FAI�i IS afF IN DfFROS"f Rif1I3E I � CHEGK {�fVERS�°kG VkLk+E 4PERATIOPJ . I� GHECK F3tfSH A�2 iW"t',�.tCE SCREfAJS Energy Efficiency Equipment Installation and Services Agreement Exhibit E Building Performance Assurance ' M�cD+�nalc�Milter �����,�,� ����,�,���� MacDonald-Miller F�ClLITY SQLUTIONS MacE�+�nald-�+fill�er Facil'ity► Salutions Maintenance Tasks . .. _ Site: s City of Federal �hay Git�+ Hail _ _ 33325 8th Ave. S. Accou�t [�9anager: Dale t�esecher ._ F�deral �day. 4!�J.� 980fl3 _ _ _ . _ _ Guntact: 3tave Ikerd . ' Phcrne, 2�3-835-�911 A d , � � � � .:� d �� � � �� � � ���a�re�� � �.o�, ��. �_ � � ll ti �.� a E�t111 �« ... �. ., -: � OiS�PR �JtrV� � " ' .4� ra ,� �n.; aa i� x m "���a a.���� , _r�ti iii�,4�,V� 5 ��� 3�tR . ��P •`K�Ir�Ft�rav°���.. ' HP . HEAT PUMP � Spring �( j CHEGK BE.L7S ' j j CMECK PUILEY.�.L1GN1,1EtJ's ( j CHEGK COFlDEhlSl�7E P�N, PUldP, ,�.fVO TR4P I � �D6 PG,PJ TA65 I I CHEGK Utr�USUAL V�R.ASIOhIT�tC7iSE _ ( j �HECK IMDOOW`OU�'Bt�QR CQiL CONDRI4N I I GHECK SUPPI`� VOLT+�GE j j �HECK MQ74R �.P.iPS _ _ [ I CHECK ECf7h10N�R O�RATIOPt ! _ _ I I �HECK REL�P DEtiI�iPERS __ _ _ _ Id I CHECK C(St�ROL �T POBa7TS . I I �HECK C.R.4NKCASE HF1aTER _ � � CHEC-K Q!L LEVEL _ , I j�HECK LILIUH2 L�lE S}GHT GLUSS I j CHECtG p�IECHAPltC,�l �OOUPlG SEQUEN�E QPERfa714tJ ' I I �HECK 4UTII40R TE6�IPER:ri�t1RE �EC.F ( j CHECK I1�DOOR COIL TEf.t�R�+TUitf t3RQP �EC's.F ' j��HECK GOGIPRE�SSOR DISGH.4RGE TEt+1PERR?'++Tl1R� I�EG F _ ( I CHEC.iC FOR REFRICxERraPlT LEC�.KS {VISUALj (��HECK CQtAPRE550R SllCTt4N LlME Z�f.iP _ CkfG.f. j j CHfCK SUB CC14LMlC DEG.F. .I � �HEPK E7CPANSIt3h! �ALVE SUPERHERT At�iD BULB I J CHECK RE}fERS�^!G V.4LVE OPER/+TtOM _ [ ] LUBE BLQ�'iER h1 JTC1R I J LU6f 8L4LVER BE,�i.RINGS iiF RE�UfRE�r _ [ l CHECK �FaPkCf!'�' COMTROLS _ � l CHEGK S�FE�IES ( � �HEGK OPEI�t+TihfG PitESSUREu HP LP . j J MEGGlOHfd tA�3TORS 1II.0 HP OR LA.RGER ( � CHECK C(7N?�CTf3R POIFl�S ( j CHECK COhlTACTOR POihl� VOL�AGE DR�P , I] CHECK BLO�?ER WJHfPL P4R DIRT ' I j CHECK fIU"fD00R FtiPl BL.�YDf5i5UPRORTS � � �HECK EIECTRi�,�.L C�T�NfCTlflt}S j j CHECK FRESH A� lF7T�tiKE SCREENS Ft7R tW10RE'�HAt�! OhJ� U1JTf f+tJDfOR OFtf SYS'�ERi LIST TEMPERI�TURES f�ND PRESSURfS BELOVd Energy Efficiency Equipment Installation and Services Agreement Exhibit E Building Performance Assurance MacDonald-Miiler �acw�.rr� s�a�.u°r�c��s nnacaonata-n�t��er Mac�t�nald-Miller Facility Salutions ������� ���.�,��a�s _ _ Mainterrance Tasks . _ Site: _ City of FQderal �.�1ay� City� HaA _ 33325 8th Ave. S. Account Manager: Oale t�esecher Federal }Nay�. ;NA 98UD3 Gontact: Steve Ikerd Rhane: 253-835-8911 .'�� '.°� ll ��iY�ll!"+��'� +��lii�,���:� ,� �: � �in � N �Yae 5 �., 9 ..,, �, ��'t 11i� '� n���G�1Yl4R L�'�'� � �'a�:. v� " p i ra ., : ,.:.x r���.. ���'� ,.,� �* �a ._�.. � �' .�d( �Pa(s, HP ' HEAT PUMP 5ummer j j CHEGK 6ELTS j j CNECK PULLEY iaUGMf.1ft�7T j j CHECK CQNDEMSATE PtiM, PUM1P, APYD TR�+.P _ _ I � �iDD PfiiN 7.k85 ' ' I I CHECK UtJUSUlaL "�l161�A�IC}N�?�iC715E ( j �HECK INDOCiRR7UTDOQR GOIL GQhtDf�(QN [ p CHECK SUPPL4" VOL33.GE _ I I �NECK i�SOTOR At.1PS _ ( ] CHECIf ECdh10P:1�ER JPERfirTI0P1 _ _ _ ( � CNECK REIiEF Db.tdPER5 I I CNECK C�Fl�RQI �f� POlN�'S ' . _ ( I CNECK CRJ'+Fd'KCt�SE HEd.TER j } CHEGK d!L LE'�L I j CHECK LIQU� L�tE SIGH7 GUaSS I j CHECfG MfCH.4hitC�LL �OQLIhlG S�QUEPI�E OPE Wa?ION I]�HECK It�DO�R Cf}!L'S'EhiPER.�TURE DROP DEG.F !(� GHECK COf1PRESSOR DISCHARCE 7fF+lPER,4IUN;f DEG F ( I �HfCK FiJR FtEFRfCsERF+f�FT LE.AKS ('diSUAL} , ' I I CHECK RE�IfRS�1G Vd.LVE OPER1aT10hl j � �HECK FRESH ,#tR MfaAKE SCREEh1S Energy Efficiency Equipment Installation and Services Agreement Exhibit E Building Performance Assurance MacDonald-Miller fAiCiLITY S01,UTIONS �nacQonaEct�crwer MacGr�nald-Miller Facility Sc�lutians ������� �o��,����� _ _ _ . _ Maintenance Tasks Site: _ City Qf Feaeral t�d�y City Hali 33325 8th Av�. S. _ Aecount Manager: Dale �lesecher' FederalONay, :^dA 9$Q03 Contact; Steue lkerd Phone;_ 253-835-5911 � N�R r� mmr" c�' s�!i�i« � o�sa�,.�.�, � � ��ra+r�� ,� inm rinv��.� � a��ea���Sarc.�'�Cw� ' �,�ntiL i��aTM�"w���.'�!����, ;�, �h �d�ul �"H!�«*'�r. -�...'e'""� :� .a �r"1i� ti� � s �.... _.. _:... _ . m. , HPCU HEAT PUMP CONDENSING UNIT Fall (} CHECK BEL35 _ I I CHfCK PULLEY �h�'Et�R •,( j�HECK FOft Uh#USUA.L VIBRt,Tf(7N APfD N41SE I I CHECK CC3� C4PJDfTM}hJ _ . I � GHfCK SUPPLY VpL�A.Gf . { j CHECK b10�4R AP�1PS _ . ( � CHECK CRANISG4Sf HEkTER I } CHECK i�� LEWEL ( I CHECK LK1UiD LRJE �IGH'� GLk55 _ [ I CHEGK Cf1QLIN� SE�UfNUE df 4PERt'.TtON _ _ , ( � CHECK DISC#iG.�GE �"EI�fFERPiTURE IIfG F j j CHfCK FOR REFf�I�ERAt=tT LE+41{S NiSUAL'p f I �HECK SUB CflULiNG I� CHECK CC1h1PRfSaOR SU�TION TEI+i�R�4TliRE � � CHECK SL�FE�S j} CHECK COOtING HEfaO PRESSllI�E COPJI'ROL C�RERATION ( � �HEC-K HEA.D PRESSURf HEAT M0�£ j� CHECK SLlCTft7fd 4�SSURE HEkT P.tODE I l LUBRIGF+iE MOT4R BEl,RI1JG5 (,PER tdfG �aPECS} I} N�ISPEC� FrXM BLA�ES,G.ND SUPP(7RT5 ( � CHECK S9.FETr' �PERATICIN.AND Sf7?INt's _ _. _.._ . ( � CHECK ELEC�RIGLzL CONh1EC'�IONS _ .. _ . . _. _ I ��H�CKDEFRGSTCa��iTRaL 1 j x1ERl�"e' OUTf70f1R fAN ST4PS It� DEFRQ�7 ia14DE ( � �HfCK FtEVERS�� V,�iLVE QFERATION HPCU HEAT PUMP CONOENSING UNIT Winter (� CHECK B�LTS ' . I � �HECK PULLEY AU�htIdfNT ( j CHfCK UNUSU,4.L �f48R�T14�3lNQlSE { � CHECK 4UiII00R COtL GQNi�1�}OM I l CNECK SUPF`L`f'�OLTAGE ( � CHECK+�dO�"OR,Gh1PS ( 1 GHECK COP77R4L 5E� P(7#NTS I l CHECK CRANKG°r�E Hft+'i ER _ ( j CNECK aIL LE'�FL {] CHECK LIQU� L�tf SfCz'HT GL+'a5S j� CHECK k1ECHAF�iG4L HEATING SEQUE�ICE OPER4?!ON I j CHECK Gt7R1PRfSSpR DiSCHA.RCE TEMPERt DEG.F _ I j CHfCK F�R REFRI�EF�FlT LEAKS [V15UG.Lj I I CH�CK BEFRt7ST COPJTROL _ ( j CH�CKt4UX�LlARY HEAT O�RA�IOW ', j��AER1F'Y QLITL�OrJR F,�FJ IS QFF IN DfFRd�Y f.tODf I j CHEGK REVfR3�iG VALY/E OPERfa710PJ _ , [ j CHEGK COOLIMG HEAD PRESSURE GON'�Rt}L l'�PERA71pP! Energy Efficiency Equipment Installation and Services Agreement Exhibit E Building Performance Assurance MacDonald-Mille� ��c�t��rv s��.u�r�t��s � _ t��ca�nat�iM�er Mac[3+�nald-Miller �acit�ty Solutions �����:�� ������,�� �ain Tasks Site: City of Federal t�L�aY City� Hall 3332� Sth Ave. 8. Aceount Manager: dale Wtesecher Fedetal t�:tay.'."��. 98UO3 Gcantact: Steve Iker� Phone: 253-835-8G11 , r' uu ��;�.,:� �nu ��!u.�..r.�na aa �� a � e a � nn ��ti�rv i^i d�n �^a atma;r � � h�mn p :-:�'e:a���,�'„ ,P ��� ��s���f��Y,�`.� " +. �»���k� wi'�� �lili) �I1���1�M���i�����,k�Y , ; .� i �,i�'�^��*— ... ��' ���.� `� „� �, HPW " HEAT PUMP CONOENSING UNIT ��. Spring �� [��HECK 8E1T5 ' I � CHECK PULLEY 4dE+lR _ [ I�HErK FOR UFtUSUA� VI9R��ION Ah1D NQISE j j CHECK C0� COhtOfT40h� _ j l �HErK SUPPIY VOL�A6E j � CHEGK MQTQR.4k1PS i 3 CHErK CR4�iKC�SE HEATER I P CHEC-K 0!L LEVEL I��HE�K l!{]UID LIf+4E StGFf i GL�SS I� CHECK COOLING SEQUENGf OF 01�2s+3101d [ � �HECK DISCH�RGE Tf1�4PER;�.TURf IIEGF j j CHECK F4R fdEFRIGERAhlT LF.�iKS �;VfSU.t+L} I I �HECK SUB COOLII�G . � jCHECKCCt11AR�SSORSU�etOM'tE6dPERPa'nURP _ I � �HfCK C,�P,4CT7Y CdhtTROl _ . � � GH£CK S.�F�S _ _ ; j j�HECK DISCHARGE PRESSURE COOL tiOIFE { j CHfCK SUCTiON PftESSURE CQ4L GiO�E _ � j�HECK COOLM1Cs HEiiD PRESSURf CQNTR4L OAERAFIOh! j j Li18Ri�,�,3E M0T4R BEAR1�tGS (PER #.iFG SPECS} I� MEG QHM G10TpR �14 NP QR L+iRGER} � I CHfCK Cf}h17ROL Pt}IP1TS I � B�SPEC7 F�+,N 8l�`+IIES,Ah1D �UPPf)RTS i 3 CHECK S�YFEN OPER+iT14N �ND ��IFlG ( ] CHECK ELEC7RIC.�iL CON�fCTM3hlS ( j IMS�CT CC3Fl�A�7dR P+J4N35 I j�HECK CONTlrCT(7R POIM� V�LT4GE DROP L1_LZ_l3_ j j OIL TEST SEf,tl-HERf.1ETIGS [ j �HECK I�VERS�{G V.�aLVE 4�R,4714N HPCU HEATPUMPCONDENSINGUNIT Summer ,[ ]CHECKBELTS _ � j �HECK PULLf e'r1if�AR _ j j CHECK fOR U�USU,4L V18RAT4Ut� At�kD NOfSE _ , j I �NECK C4� C�J�41T}l?N . ( j CHfCK SUPRL`�' 4"OL7.4GE _ _ � � �HECK MQAOR!'a1,1PS ' , !( j CHECf�, CRAFJKCCaSE HEAT'ER ,I I �FiECK 4tL LEVEL ( I CHfC.K LIt7U� L�IE SICsHT GL�iSS I � �HECK COJLiNG �fdUEN�CE OF OPER.�.31CJN ( j GHECK �ISCH:�'+.RGE'fEfsl�R6aTURE IIEG. f ( I �HECK Ft}R REFRtCfEF�+RET LfAK (VISUAL} i I GHfGK SUB �4�LENG ( j�NECICGOf1PRESS�RSUCTIONTE�»9PfRF,TUf�E I I CHECK Cr�P.ACtiY CON7R4L � j GHf�K S1.FET1E5 ( � CHEGK DISCHFiRGE PRE55Uf2E _ I l �HECK SllCTtOf�t PRESSURf ( j GHEGK C60LING HEAD PRESSURE CI�MTR4l OPER�,�IOIQ . I 1�H�CK RfYERS�G W.taLVE ORER�.T14N Energy E�ciency Equipment Installation and Services Agreement Exhibit E Building Performance Assurance � ����E1t18�d���M�81' ��c����� ���.a����� Si#e: City� Qf F�deral'�M1�ay� Cir} Hali . 33325 8th Ave. 5. Account Manager:' Dale Mesecher Federal W'ay�, .4�A 98003 Cantact: Steve Ikerd _ Phonez 253-835-r911 _ ��d „ * e � ti� i ���� �,� � � � � - � = ����` ,�:.i- �l3+d�'l��1CIYI+�nn+^� ii ,�'�,ewli�i�,' �,'��,���„;N��"���."� .,,,�"� d..,., ..��. .....:����m�4i.�iN``�ifl:�d4 RTU ROOFTOPUNIT Fall ( j CHfCFf BfLTS I I CHECK COf�DEP1SA�E PAPk, PUhiP, At3D TRA.P � � R[}D PAN 3,48� ' I I CHE�K UNL�SUA.L Vl8Rk�14t3tNOtSE I j CHECK IN00C7Rt0UT�10OR GQ(L C4NDf�lON [ � CNECK SUPPLY'+�C1LTxGE , � _ l J SUPPL`r' f�G'fQR.�it _ . ��—�—,—#�—�—�— _ _ � �RETURN h10T0R. _ _._ _ I j CHECK It�D00R C�IL TEI�iP.C�R�P �EG. F _. _ { j �HECK COtdPR�SSflR DISGH.7'Ef,tP #1 . � j CHECK ECON4fiIZER �i�RATIOPt { � CHECK REL�F C�,4Mf�R& j j CH�GK CO�tTROL SET POfNTS I � CHfCK CRANiSC.�,SE HEA�R _ , � � CHEGK Q� LE`JEL _ _ I I CHECK LlQUiD ��E SlC=HT GLASS ' I� CHECK 61PGNAt�lIC.4L GOqlN�tii SE4UEt3CE QRERA.TION � � CHECIG FOR REFR#GfR.�'eNi LEG,KS (VtSUtaLj ( J LtiBE BLaWER BE,�R�1GS (!F RE�YUkRfO� ( j CHECK ECUtJOhi!?ER CdPtTi20L CALIBR,�,TiON ( j CHECK PULLEI` 4 �JEAR ( J CHECK F31lNH.lUt,t G SET37f�GS i;ECC7FtOh11ZERj [ j CHECK fCOhl4f�iZEFt 0,4RiPERS.AND LINiG4GE FOR 61NDIMG ,vN� LUBE (� lUBRfC.ta3E A�LET Vkf•SE PN07 P(31t•: � S _ ( j LUBRI�fi.BE PNO3 PO�J�S , I� CHECiC FRESH fipZ SCREENS At�[D CLEFtJ ,{iS NfE4ED _ _ . _ ELECTRIC HE6+�Ta: f,� fQU�RfB} _ _ _ _ _ , { � �HEGK IatAP ORArfs+—,_�— j j CHECK Sf4UENGEft OPER�T}(7W _ I � CMfGKTEt�tPERATUi�E RiSE DfG.F _ GtrS HfiaT: (IF EpU�D} _ ( j CHECK'fEt.iPER6�TU12E R�f �EG F � j c��Crs s�+�u�r�ce� o�w5.�ow [ j CHECK f,AN SVPITCN { j VISUt�.I INSPEC;'IOP1 0F MEda� EXCHANGERS ANII VtSU.0.L CHECK i7F FLUf ( j CHECK P�.dT SEl'TRJG "",1�G . I I CHECK f.1AIN Llht� C,�iS PRESSUFtE °'adC ( j CHECK C+t.�.P!lP4LD GA� PRfSSUftE ""431C ( � �LEf+N COFdBUS�IOM BLCI�r�+ER 4ifHEEL ( j 011 C�k18llS�lON BL�}�'dER f,tOTOR [ � ��EttN ,4NU AI3JUST IGP!(f4R _ EVd.POFt+'aTPlE �Ot�DfhtSER ' _ _ � � CNECK SUkiP COh1�lT10N ' _ _ [ } CHEGK SPR+t`I PU�1P OPER.�tTIOM f� IIR.titNJ rIMII ��CURE pUt.#P IP RPQUtRED _ ( � CHfCK,+�UTO FILL VA�lif OPERATION _ I � �HECK SUhiP HEATER � MacDonald-Milie� FAClI.ITY SULUTIQPtS I�tac[�►or�ald-Miller Facility Salu�i+o�s �laintenance Tasks Energy Efficiency Equipment Installation and Services Agreement Exhibit E Building Performance Assurance MacDonaid-Mi!!er F�CltCTY SOLUTIONS MacDan�ld-Mtiller Mac[3+nnald-t�itl'er Facifit Solutians , �����.�� ����,����� __ Y . Maintenance Tasks Site: City of Federal Vt�ay City Hall 33325 8th A���. S. Aeeoun# Manager: Dale W1esecher; Federal �MMay.'Y"!A 981703 ' Gontact: Steve Ikerd phone: 253-835-6a11_ RTU ROOFTOP UNIT Winter �] CHECK BEL3S ' (� CHECK CC1h{�EhlSATE P,�hl, PUI�iP, A.NDTRAP _ [ � ADD Pf+,PJ TAB 5 _ j j CHfClC UMUSUAL �I�RQ�IOht.RdOtSE , � ] CHECK IWDOORi0UTD00R COEL C4#�II17f4N ( I CH�CM SUPPLY VOL7,4GE I� CHEGK SUPPL t k10TOR Ah1PS #1_._,_#2_,_,_ �3—�—,—�_,_,_ ( � CHECK R�TURh! f.1070R A1AP5 #1_,_,_#t�_,_,_ ( j CHEGK ECOh�OiA�R OPERt.�lOht ' I � �HfCK REL�F D�.1eiPERS I� CHECK COhlTRQL SE'� POIN�S I j I �HECK �RANKCI+SE HEIa�ER ' I � CH�CK 04L LEVEL f� CHECK Lt4Lll� LIhtE S1GHT GL�.SS _ _ j� CHfCK FOR REFR1GfFtr+h3T LE�.KS i�tSUAL} _ . __ _ j j�HECK FRE�H �i�2 MtTAiCE SCREEhlS i j CHECK �1fCs, MJIET�ISCHARCE V.�aNE dPERt,a'1f3M ' j � �HECK HCtT �AS B'Y'PASS OPfRt+.7if1h1 . _ ( j LU6Rt�A'�f �At�iPER P1VOT P4fN'i5 (] LU9RICA3E Ih1LET Vl�NE PNO'f PDIh�TS i ELE�TRIC HfA'�: tIF EQUIP�D'} . ' I j CHECK 9EG1UEtJCf Of ORER.4'fI�N' G.4S HEA7: iEF f(]UtPPEII} , I j CHECK S�QUENCE OF d�RA71�M , EL�AP�W4TIVE CONDENSER _ I 3 CHEGK SU�iP CO�DRltlht , I � �HECK 5PR:t.Y PUPAP flPERATiON I I CHECK AUTO F�L VLtL'+lE dPER,�aTFOP! � � �HECK SURiP HEt+�ER Energy Efficiency Equipment Installation and Services Agreement Exhibit E Building Performance Assurance � MacDonald-Miller �ac��.��r� so�.ur�o�vs M�cDanalc��tllller M�CCIOR�Id Facifit 54�li�fQCiS ���s�.a�v srraa�r�c�a�s � � +laintenance Tasks Site; . City of f ecSeral i��Yav City Hall _ 333258th.Av�. S. Aecount Manager: Date t�esecher _ Federal4�ay. Lbftt�. 98�D3 Ggntact; Sieve Ikerc� ___ _ _ Phonez 253-835-�911 _ _ '� RTU , ROOFTOP UNIT �, Spring � ( � CHECK BEL3$ . .. ! I I CHfCK COht�htSla?E P,+�M, RUf�P, i+ND TRlaP _ { j AQQ PA.N Tf�85 _ { j CHECK WtdUSUAL �JIBR,4TI0hl�fd(StSE ' I � �HECK IPkDQ�Rf[�WTD04R CO€L CONDf�ION [ l CNECK SUPPIY VQL�',�GE � ] SUPPI't' MOTOR F.h9FS #1_,_,_#z_�_,_ _ ,_ i #3_,—,—��—.—�— ' I I RETllRN MUTOR �.G1PS #1_�—,—�Z—�—�— _ _ I I CHEGK ECO1�lOM1ZEf� OPERATIOhl _ _ � F CHECK ftfL�F DlafdPfRS _ _ __ _ , I I CH�C:K Cf1P17ROL SET RO[N?S . .. , { I CHECK CI�iNKC.SSE HE�+�fR : _ __ _ _ __ ( ; GH�CK f�� LEVEL ._ _ . _ __ _ _ _ _ ; I� CHECK Ll4UID L�E SK3H7 GLG.SS Q j CHECK f.1ECHG,FtlC�L COQLHJG SEBUENCE �PERI.TIdN I� CHECK INDO�R CC3� �ftdP. �R�P IIfG.F . i l c►��c� ���,�rrc R�ssU�S . �� o�scH sue #z aascH suc #3 C1lS�H SU� �4 DtSCH SUC [ � �K C4MPRESSf3R �ISCHkRGf TEl�IP #1_#2 I} CK COPAPRESSOR SU�TIOht 3E6iP #1_#2_#3_#�_ I J CHECK SUB COOtIFtG #1_#2_#3_#k�1_ I� CHEC.K OFyER,�TU�I� G4fJ�ROLS PRESSllf�E S�TN�lG ' _ '� I CHECK FOK REFRNGE4�.t+h17 LEt+KS tVISUAL} ' ' I� LUB� BL4 BE�Rif3G5 i[F RE(lU[RE6y � � LUBE BLOb�ER t�pTdR . __. � � LUBE II�f�iPER PP}07POIMTS ' I J LU9E It+tLET LP�.ME PM1IOT P�MJTS _ j J CMECK �tPANS10N VALVf SUPfFtHE,�'+T tLI1B 9llL@ _ _ � � CHECK CAPt.Cf�1' Ct3N;R0LS { j CHEGK S1�FETIES ' ,.I � fdEGlOHh1 #dQTORS 10.4 HP C3R II+RG�R ' CC3tAP #1 #2 #3 #4 , _ ', Slt, BL��'JER #1_#2_�3_�_ Rt� BLO�,��ER#1_#�_ ' _ [ � �HE�K C{7t�k?ACTOR PaIPJ'�'S ( � CHfGK BL�'ivER'iIdHEEL FdR DiRT ' [ } �HELK OUSDOOR FtaN BL.�:OES/SUPPOR�S I � CHEGK ELEC7RIGAL CQNPJEC31�N5 [ I �HECK fI�SH �.1R AdTAtCE SCREEDI� _ _ � j CHECiC Cf3NDf1�JSER FAN BL�.UE C4MDi"�ION _ . { j CHECK COF�DENS;ER FFiN SEQU€h��E.4h7D OPfRf+810N I I CHfCKAlFD,ihtLET@ISCHtiRG� �JANE f3FERATION , __ ( } �HECK H�T GAS BYRA55 OPERH.310N ELRltP4RA7fl#E COhtDEMSER I I FlL� SUf:1P IF REt�UIRED [ l CHEGK SUt�IP C�htDfTION j j�HECK SPRfi`e' FUF�1P �'P'ERA310P! ' j J CHECK AUT� F�L V,raL'JE �PEFFA'61Qh1 [ l CHECK SUMP HEI�,TfR Energy E�ciency Equipment Installation and Services Agreement Exhibit E Building Performance Assurance MacDonald-Miiler F�CILITY St?LUTiONS �t�cc�oa�a��E��er Macaonaid-Miller Facilit S�olutians ���,�.� �������� Y Mainte Tasks Site: City crf Federal'ltiaY Citp Hali . 33325 8th A�e. S _ Account Manager: Dale t�esecher _ Federal'V�dag�. "�r.A 984a3 ' Gssntact: S#eve iker� Pttanet 253-835-�911 _ , a�mni�5i��a� �r ,;�� r a� ,.3r��:��nb�a� ��� �r �� . i u �a�!�� � �irn�wi�r�s� ��<�- �� r� � � hS'��;i4!N[I� . .. _.<n - �.iai:�,�."��,�.,:��SiP,IM� °°�*`1����IF�3'..'rHEt�`P ..,' � ' . rc.`�e.�. x. '!.`"sa�,,,�lli4qu�v�i�:. . ,. RTU ROOFTOPUNIT Summer '( j CHECK BfLTS [ j GHEGK COAID�EMSATE P+�4f, PUt�1P. ANd TRAP , � � ADQ Ptthl TC�BS � � CHECK U�dUSUAL }itBR{'+710ht�'iJ�ISE ,�. [ � �HECK IN�O�RIf}UTIIOdR C:OEL CONDtTfON � � CH�C-K SllPPLY V4L�AGE ' _ ( l SUPPL'Y fd0T4R AkiP� #1_ _ #3—,—,—,_�—,—,_ I 3 RETURN f+tOTOR k1.iRS #1��—,—��_��— , [ } GHECK PCO�tO@,�IZER GPEit4310h1 _ I l �HECK REL�F D�rfd9PER5 _ ( j CHECK CdPlTROL tiE'� POiN3S ' ___ I l CHE�h CR�PtKC4SE HEATfR I � CHEGK 41l IEVEL I I�HECK LfQ:UID LINE St�HT GLASS ( � CHfCK 1�1ECHAh1tC�L �OaL�iG SEQUEhtGE �PERATiO�J I I �HECK IidDOt�R C0�'�Ef�1P �ROP �1f�F _ I� CK COtdPRESSUR BISCH�IRGf TEMP. #1_#Z_#?_#4_ I� CHEGK Ft}R REFRfC<fP.G,PiT LEAKS (VISUAL} I j CHEGK FRfSH fatR €tdTct.KE SCREENS , j j CNECIt VFL�, INLET1ITt5CHRRGE 1 fAME OPfRAT14N I� CHECK HOT Cx,d.S BYPtI�S OPER,�:TttJPd _ j} LUBE iFlLE� �J,�.PCf P@t0T P4lhJT5 _ _ � j LUBE OAI�9PER PItiJOT POINTS Energy Efficiency Equipment Installation and Services Agreement Exhibit E Buiiding Performance Assurance � ' MacDonald-Miller �'ACILPfiY SALt7TI0N5 n�acc�naE�-n���ier Macac�nald-Miller Facifity Salutions �����.��� �������� Maintenance Tasks _ Site: Crty 4f Federal :+Vay City Hall 33325 8th �.ue. S. _ Account Manager; Qale fvtesecher' FQderal 5�day, l�ft� 98003 _ _ Gontact: Steve licerd _ _ , Phane; 253-835-6911 . . VAV VAVTERMINAIUNIT 'Fall [ J GHECK FOR UP7USU,r+L VI9R6i7fC7N A��iD P7dISE _ � � CHECK DAh1PER C��R,crT10M I I IN�PEG7 LINI4F,GE I I CHfCK ELEC.TRlC Hf.�,� 4PERs�.'�}�tJ ( jCHfGCHEr�TT'ft.t'PfRIaTUftERiSE ' I I �HECK ELEC"�RI�L CO�Pl�C7K}NS � I CHECK C4ht7�.CTOR PO'INi' . { � �HfCK SE4UENCE QF OPER�TI4N _ { I CH�CK �ICILTB�GE i I 3�HECK At�iP DR4�hr VAV VAV TERMINAL UNIT Spring ( j CHECK F4R UNUSUAL V18F2ATtdN Af�iD N01SE' � � cHeeK a��a�R a��a��oµ _ I � IPd'SF�CT UhJiC1aGE I � �NECK fLECiRI� HE.4� OPER�iTION ( j CHECK HE.A7 TEIdPERt+3U{tf RISE . I � �HECK ELfCTRI�AL CQNNECT40ht5 ( 1 GNECK COt�tTAC70R PQINT '( 1 CHE�K SEQUENCf OF OPEREt'f10N' ( �GHECK}lQLTAGE � S�NErKahtP54RA+�'� Energy E�ciency Equipment Installation and Services Agreement Exhibit E Building Performance Assurance MacDonaid-Miller �1�CILt7Y SOLUTIONS MacD�enalct-MEller Macac�rtald-Miller Facilit S41utiQnS ������� ��������� Y �air�tenance Tasks _ Site: City Qf Federal Way _ , ' 333�5 Sth Ave. S. Account Manager: Dale t+�esecher; Federal VYay. �A 98CJG�3 Contacit: S#eve Ikertt F�hone: 253-835-�911 �.P�� � r��w'«3�a rra..u��,��M1n��n��A�� �. .. i m��i�nr'�m(i7 lii t �A ir�'�' :�.'���"��:» a ��� �W���P�i u���:�^���� �� �._�i �rcs;���+�r�t���iU�i�!���? �.��.�i�'��l�"7��ii����R��t�A��,':,��G��A.� . "m`-��.��^»� �.,;. `�.�« ����iu� _ :x, GhJT TR�H!#�1 ,4X P#A FtiLL S'r`S�M f�RFORh91.fJCP RE1/�4"S I 2 CHECK BAh�PER riCTU".�7iJRS FOR RRdPER OPER+�,�OIN _ � � �NECK V?'+L4� OPER1aYlQPI' :[ I BACK UP O.GTtI 8.4.SE 4N LOCAI PC AND SlaVf ON SER+lER [ j�EhiTIFV S�RViCE, REPk�2 4R PERFORh1Afi�CE PRQBL.Ek1S INTfR�+�?ls� BLD� CQNTAC7 APiD SERViGE TECH FOR SVSTEPd ' EQUIPIAEPtT, �SCHEDULE C��D S4FTb��'+RE taIIl}S.PdOVES, CHANGES _ ' AND SER`lICE ISSUES ( J UPD,d�E St7� I�tFOf2�+1,+kT10N SHEE'f �,5+("i M IGEPI7��D GHANG��S I j CHECK�ND'JERkF'd POlNTSa'PROGRtah6S ItJ i1C.tdU�2L, x+LARM, COt�t F.�IL, f7� I J CHEGK.s�MO REVtES'J I LOGS ( � �HE�K Af�D REV�°f'�' TRE�D LOGS [ j GtoTHER.4hJd 12fV��;d OVERftiQfS S'r'STEf�t GONTROL H�RD���`,r:RE & SQFTj�'�ARE FUFlG'�ION REV�Vu I j CHEC;K.�F�D`�lfRlF`e' UiN CJIAI.IUNIG.4Ti4NS [ j�HECK p.ND'�IERIFY k1C7DEP�9 CJaLL IN 1 C�iLL 4UT I j CHEC;K.� 4`ERIF`r' B.�tYIIGHT 51t`llhtCzS APFII HOL�A`d SCHf�UL [ j�}iECK AMD �dERtFY fQT. RUN SCHEDULES ( J CHEC-K t9A�i1'�3ERlF`r" CC4PAP+1 JN El]T. SE� Pa�l75.�aFJD CdM'�ROL 5'fSTEtA COht3RJi H�aROLVF,Rf 8 SOFav1+ARE fUhtC'�1144N IdfalNTttN�.N�E j j CHECK.+�ND rxUBFtA3E CQt�h10ME fG1UIPtdEDIT PI��a1AR`� SEFlSORS AI�?D 3R.tahlSCllCERS I� CHECK +iMB REPLtaCE GQWYRdLLEft B,�a'�TER`t(S} �it+HERf APPLfCA HVAC SY�S�'Eh7 ADt�4IN15T42E'rTIOF! { I REVIE�!',�.+"+f�D VERIFY FUPtC�li7DJ 4F EXfSTIPlG tiRAPHICS SCRfE ' I I REVI�i;J Sl'STEh7 PROCR�,1.1F�11NGli.N'Q SEQL�ENC�S 4F OF�R4TIOr�t j j RE't�1E41+OWfR.ALL ENEftG`r" 11tlN.AGEf1E�dTCaPPLIC�.TIONS Energy Efficiency Equipment Installation and Services Agreement Exhibit E Building Performance Assurance MacDonaid-Milier FACIIETY SQLUTIONS � _ _ M�cDanal�fller ���p�,���d-Mill�r Facifity Solutians , ���,,.��� ����,����,� _ A�aintenance Tas Site: . Ci?y of f ederal V1iay 33325 8th Awe. S. Account Manager: dale Mesecher Federaf 4�4fay�, :R�.A 98�U3 Gontact: S#eve Iker� ' Phone; . 253-835-�911 _ pui '�� i@IIIIIIN���(i(II ((�;±;y.-.u4iVM �'�p ,� : � � w.e�;a9iu� ryp v'��.,,��t,�."'F p � G :' ='Nt��"�' ' -. a '="�%���. ��lpe.. . �SOilptk�+► 3 � h.�c, �,r,t iy»u�ea�rv , ^�'��'��1�!a� i'+UlB�€i� _..x.,��4NN�i�� _..��"�,G6�f`s` �� t�rr� ChJ7 , "�RtDfUF.i it7C PH SPRII�kG , S'r"SsEht f?ERFORiAA�dC� REV�;� _ { j CHE�K C6.Atx1PER �'aCTU¢.F�RS FQR PROPER D�RtwTO�t _ '[ � CHECK V�+LVE 4PERliTtQh1 . ( j BACK UP D�"a�'A BASE ON LQCIat PC x+ND SA'�!E QN SERVER ;I � IdEPt�7FY �fRVICE, REPC�@2 OR PERFORhikMCE PR4BLEMS ��ITfRV��Ar BLDG CO�ITACT APtD SERVIGE TECH FOR S'tSl'EP.t ' !EQUiPi�tEFtT, �SCNEDULE li�JD SOF��+ARE �L�S,�16'VES, CHAhtGES _ �FiII SER'�flCE ISSUES '( j UPD.�r's E 5f� fFtFORM,�iTIQN SHff'f 4"t+Tv�H �fFl�IFIED CHtaRlGES ( J CHECK,��D �iERIF`r` POihd75fFRt7CsR4f.1S ltJ F�tAtdUAL, AL4Rt�1, C.QFA FAIL, E7�. ` ( j CHECK.+Lt�D REViEL�1ALARhi LOGS ( 3 �HECK.At3D REVIEfV 3REN!0 LOCS � � C�.'�HER 4PJD REV�L"d 4`JERR�lES SYS'�PA G4NTROL Hr+RD�IJARE & SJFT�,'dARE fUNCTlON REV�4�' ( j CHECK iSt�� VERIFY LAN C4h1tdUNICATlqNS ' I I�HECK AND VERSFY F+10Dfk1 r_�LL �! CALI OUT ( j CHECK.+�.l�ID 4'ERIF`! D.kYLIGH7 5<+VIP1'GS APlB HOL�A`a' SCHEDUL [��HECK AFtD VEI�IFY E�T. RllN SCHEDUL£S I I CHECK t�P�E� �IfRlF4' COki't.4�N EQT. SET PO�t7S t�hlD COPf�ROI S^r"57'EM CON7RdL HARS}b"�C�,R� & SJFF�?�W'A+R£ FUNG'�IdN t,SFIt�tTENAFi'�E I j CHfGKAfiD C.4LI8RATE CQfdEdOt�E EQUIPt.1fM3 AR�«1ARY _ . SEMSQRSx+N�Ti�a1PtSDUCfRS . _ j� CHEC.K dat�D I2EPL�iCE CQNFROLLER BAT3EftY�Si'�VHERE APPL1C,a, HVCtC SYSTEM ADfdlhllSTRATlOht _ _ � j RE�JI�VSr Ai�ID VER�Y FUNC770N QF Ek�tS�IhiG GRF�PtiICS SCREE ( J f�E?J�?,'J SYSTERt PRnGRlihll.flPlG APl� SE4UEPlCES OF C}�RATIOFi [ j ftEV�V�+O�.+ERALL EhlERG4" M�Sh1A�EI.tEtJ;APPLIG�TIOFlS Energy Efflciency Equipment Installation and Services Agreement Exhibit E EXHIBIT F CITY COUNCIL RESOLUTION RESOLUTION NO.10-581 A RESOLiJTION of the City Canncit of tLe City of Federal Way, Washington, anthoriziug the City Manager to negotiate a performance- based contraM for energy services pnrsnant to RCW 39.35A.040. WHEREAS, the City has obtained a Washington State SEP Loan in the amount of 5223,000 to be used on energy saving projects; and VJFiEREAS, Chapter 39.35A of the Revised Code of Washingtan (RCVI� sets forih a municipaiity's option for flbtaining a performance-has� contract for energy services; and WFIEREAS, the City Council &nds that it is in the best interest of the citizens that the performance-based cantract process be utilized to find a energy services contractor to make the ra�t of the load funds; NOW THEREFORE, THE CTTY COUNCIL OF THE C1TY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Perforntance-based Contract. The City Council hereby anthorizes the use of the performance-based contract process as outtined in Chapter 39.35A RCW for advertising, selecting, and negotiating a performance-based contraat with an energy services contractor. Section 2. Severabili�y. Tf any section, sentence, clause or phrase af this resolutian should be held to be invalid or unconstitutionat by a court of competent jurisdictian, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this r�olution. S� 'on 3. Corrections. The City Clerk and the codifiers af tivs resolution are authorized to make necessary coxrections to this resolution including, but not limited to, the correction of Resofution No.10-S81 Page 1 of 2 Energy Efficiency Equipment Installation and Services Agreement Exhibit F scrivener/clerical errors, references, resalution numbering, sectian/subsection numbers and any references thereto. ection 4. Ratafication. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. ectian 5. E�fective ate. This resolution shatl be effective iznmediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY . COUNCIL OF THE CITY OF FEDER.AL WAY, WASHINGTON this 20 day of April, 2010. CITY OF FEDBRAL WAY i �i � � . � �, � • • � � • � � A'TTEST: CITY CLERK, CAR L M II..LY, CMC APPROVED AS TO FORM: `���.� ���«,� CTTY ATTORNEY, PATRICIA A. RICHARDSON �TLLED WTTH TFTE CTTY CI.ERK: 4/13/2010 PASSED BY T�E CITY COUNCIL: 4/2Q/2010 RESOLUTION NO.: ] 0.5$1 Resolution No.IQ-+,5�3� Page 2 of 2 Energy Efficiency Equipment Installation and Services Agreement Exhibit F EXHIBIT G PRICING & FINANCIAL ANALYSIS Pricing Summary: Description Price Replacement of RTU-1 (75 ton), RTU-2 (75 ton), RTU-3 (10 ton) and $257,850.00 installation of an additional unit to serve the G.A.C. Room. HVAC control system upgrades & enhanced control sequences of $109,546.00 operation. Project development and engineering. $25,000.00 Preventive Maintenance Services (Annual) $24,244.00 Energy Management Services (Annual) $8,000.00 Financial Sumary: MacDonald-Miller Faclllty Solutlons 11/3012010 _ City of Federal Way, Clty Hall EE Improvements _ __ _ Prepared by: Perry England PROJECT COSTS 7 Total equipment & installation $392,396 2 Applicable state 8 local taxes 9.5% $37,278 3 Construction Interest, estimated $0 . 4 Construction contingency _ 0.0% $0 __ _ 5 Financing interest & fees $0 6 Total Equipment installation cost $429,674 ' 7 Utility incenti�e, estimate $42,106 8 Contractor net price to Customer $387,568 9 Annual preventioe maintenance services $24,244 10 Annual energy management services $8,000 11 Total annual Services, year 1 $32,244 PROJECT ECONOMICS, SAVINGS & OPERATING COSTS I 12 Annual guaranteed energy cost sa�ings $30,000 _ 13 Awided Equipment repairs $45,000 . 14 Annual estimated Equipment maintenance saNngs $5,000 _ _ _ 15 'Total estimated awided costs, year 1 ', $80,000 16 Simple payback after incentioes 9.79 „_ 17 Construction period, months 5 18 Energy price estimated escalation, adjusted annually ' 5.00% 79 Services price escalation, adjusted annually 3.00% PROJECT FINANCING & TERMS 20 'Total Equipme�t installation costs aRer incenti�es $387,568 21 ITotal annual Services, year 1 $32,244 22 ' Customer contribution, ARRA EERE Grant $415,147 23 Net after Customer contribution, year 1 ($4,665), 24 ; Tertn ofAgreement, years 5 , CASHFLOW PROJECTIONS Year 1 ' Year 2 Year 3 Year 4 Year 5 Totals ' 25 Customer Guaranteed Energy Cost Savings ' $30,000 $30,000 ' $30,000 $30,000 $30,000 $150,000 26 Customer Net Estimated Awided Energy Cost $0 ' $1,500 ' $1,575 $1,654 $1,736 $6,465 27 CustomerAwided Maintenance & Repair Costs $50,000 $5,150 $5,305 $5,464 $5,628 ' $71,546 28 Total Customer Estimated Annual Cost Savings $80,000 $36,650 $36,880 $37,117 $37,364 $228,011 29 ' 30'CustomerAnnualServicesPayment $32,244 $33,211 $34,208 $35,234 $36,291 $177,188 ' 31 32 Net Customer Savings $47,756 $3 439 $2,672 $1.883 $1,073 $56,823 Energy Efficiency Equipment Installation and Services Agreement Exhibit G Term of Agreement ("Term"): 5 years Preferred Customer Service Rate: $115.00 per hour Customer Primary Contact: Mr. Steve Ikerd Phone: 253.835.6911 Fax: 253.835.6909 Cell: 253.835.6911 E-mail: steve.ikerd@cityoffederalway.com Contractor Primary Contact: Mr. Dale Mesecher Phone: 253-680-3164 Fax: 253-680-3165 Cel I: 206.571.3803 E-mail: dale.mesecher@macmiller.com Contractor 24-Hour Service: 800.962.5979 Energy Efficiency Equipment Installation and Services Agreement Exhibit G k C�TY OF FED�RAL WAY PE9�FORMANCEJPAYM��V'� BO�ID KNOW ALL PEOPLE BY TH�SE PRESENTS: Bond No. 623041757 We, the undersigned MacDonald-IUliller Facility Solutions, lnc, , ("Principal'� and . Liberty IUlutual Insurance Campat�y , the undersigned corporation organized and existing under the laws af th� State of _ Massa�„usetts and legally doing business in the SCate � of Washington as a surety ("Surety'�, are held and firmly bonded unto the Cixy af Federal Way, a Washington municipal corporation (" Clk�/�� 111 tYl� p@118I SUI71 Of Four Ha�dred 7wenty Nine Thousand * l�ollal's and no/i0D ($ 429,674 } for the payment of which we firmly bind ours�fves and our legal represenY�tives, heirs, successors and assigns, jointly and severa[ly. *Six Hundred Seventy Fqur and No1100 - - - - - • - - - This obligation is entered into an Agreement with khe City dated February 4 �� 11 for City Hall EE Improvements, Equ[penent (nstallation Only such obligations related to Energy Efficiency Equipment Installation as described in Exhibit A f�OVlf, THEREFOR�, if the Principal shall perForm all khe provisions oP Che Ag�eement in th� " manner and within the time periad prescribed by the City, or within sttch exl•ensions of time as may be granted under the Agreement, and shaEl pay all laborers, mechan�cs, subcontractors and material men or women, and alf persons who shali supply the Principal or subcontractors with prov'Islons and supnlles for the carryirzg on of said work, and shall holci the Ciry, their o'F�icials, � agents, employees and volunteers harmless frorr► any loss or damage occasioned to any person or properry by reason oF any carelessness or negligence on the par� of th� Arincipal, or any s�bcontractor �n the performance of said work, and shalf indemnify and hold the Cfty harmless from any damage or expense by reason oF �allure o� perFormance �s specifled in the Agreemenk within a perfod of one (1) year af�er iCs �inal acceptance thereof by the City, then and in the event this obligatfon shall be void; but otherwise, it shall be and remain In �ull force and efPect. And the Surety, for value recefved, hereby Purther stipufakes and agrees that no change, extension of time, alteration or add[tian to the terms of the Agreement or to the work to be performed there under or the specificatlons aecompanying the same sha11 in any way affect (ts obligation on this btind, and 1t does h�reby waive nokice nf eny change, extension of time, alteratfons or addi�ions to the terms of the Agreement or to the Work. The Surety hereby agr�es that modifications and changes may be made in �erms and provisions of the Agreerttent without natice to Surety, and any such modiftcaCions or chenges incr�asing the total amount to b� paid th� Principa[ shall automatically increase the obElgation of the Surety an this Performance Bond in a fike artiount, such increase, however, not to exc�ed tw�nry-five percent j25%) oF the nrigfnal amount of this bond without the cvnsent of the Surety. Within farty-five (45) days of receiving notice that the Principal has defaultecE on all or part of the kerrr�s of fihe Agreement, the Surety shall make a written commltmenk to the City t'hat 1C wfll eifiher; .La} cure Che de�ult itself within a reasonabfe time perfad, or (b) tender tin the ciCy, the amount necessary for the City to remedy the default, including lega{ fees incurred by the City., or (c) in the event that Suretyr's ev�tu�tion of rhe dis�ute is not complet� or in the event the Surety disputes the City`s claim af default, the Surety shall notify the City of Its findin� ar�d i�s intent, [f any, ta mterplead. The Surety shall then fulfill its vbligatEons under this bond, accord[n� to the option iC has elected. Should Sur�ty eiect aptiort (a) to cure the defauft, the penal sum of the Bond shal] be reduced in an amount equaf to the costs actually incuri•ed by the Surety in curing the default. If the Surety elects optfon (b), then upon compfe�lon of the necessary work, the City shall notify the S�rety af its actual casts. The City shall return, without Interest, any overpayment made by the 5urety and the Surety shafl pay �o the City any actual costs whlch exceed the City estimate, Iimited ta the bond amount. Should the Surety el�ct option (c), the Parties shall first complete participation in mediat€on, described tn the below paragraph, prior to any interplead action. In the event a dispute shauld arise between the Parties to this Bond with respecE �o the Clty's declararion of de#'ault hy the Principal, the Parties agree �o par�icipate in at least four hours af Imediatinrl In ac[ordance with the mediatlon procedUres of Unitec� States Arbitration �nd Mediation ("USA&M"). The Parties shall proportionately shar�-ir3-�he cost of �he mediafian. The media�ion shaH be administered by the Seattle USA&M offi'ce, 4300 Two Union Square, 601 Union StreeC, Seattle, Wasf�ington 98101-2327, The Surety sh�ll nat interplead prior to completion of the mediafiion. QATED this 23 �day of �ebruay � 20 11 , CORPOf�ATE SEAL OF PRINCIPAL; PRINCIPAL. Macl]onald-MiCler Facility Solutions, lnc. B ��� l,� �� (lVame of Parson �xecutiing Bond) Its; V� 0 � �rl.d�L�tY1�.X� (Title) 7717 Detroit Ave. S.W. Seattle, WA 98t06 (Address) (206)763-9400 (Phone} CERT2FICA AS T O CORPORATE SEAL I here�y certlfy th t� a,� (A is�ant) 5ecretary of the Corporation n�med as Principal ln �h it�n bc�nd; that S ��►� , who signed tl�e said bond on behalf of the Principal, W�� � �(�ce of the said Corpor�tion; thaC I krtow his or her signature thereto is genuine, and �hat said bond was duly signed, sealed, ttested f _ in be If ofi said Gorporatian by authority of its governing body. cret of Assista Secre�ary CORP�RAT� SEA� OF SllRETY: su�� Liberty Matual Insurance Gampany e gy; o-�v7 7 �'/ • ��i% � At�orney-in-Fact (Attach Powar of Attorney) Joan M. Counc"rltnan (Name of Person Executing Bond) � APpROVED AS TO �DRM: 505 �ifth E1ve. S., Suite 200 Seattle, WA 98iO4 �Address) (206)38 �aoo (Phone) ' Patricia A, Richardsan, City Attorney 4301986 � THIS :�OWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint JOHN CLAEYS, RONALD J. LANGE, PAMELA A. NELSON, JOAN M. COUNCILMAN, ALL OF THE CITY OF SEATTLE, STATE WASHINGTON ................................................................................................................................................... ............................................................................................................................................................................................... , each individually if there be more than one named, its true and lawful attomey-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as sure and as its act and deed, an�and all undertakings, bonds, recognizances and other surety obli in the penal sum not exceeding TWO HUNDF�ED MILUON AND 00/100 **"'"*'*x'****"*""""*'`*'*'*"*'*""*" DOLLARS ($ 200,000,000.00 """**""""""""""`"""""" ) each and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shatl appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the ►imitations set forth in their respective powers of attomey, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. By the foilowing instrument the chairman or the president has authorized the officer or other officiai named therein to appoint attorneys-in-fact: Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual tnsurance Company, is hereby authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and ali undertakings, bonds, recognizances and other surety obligations. That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal o Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 20th day of December , 2010 LIBERTY MUTUAL INSURANCE COMPANY € k ,�. `, �e:;� ���..�%' COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY B .�s{� r,✓. 1���..�. Garnet W. Elliott, Assistant Secretary On this 20th day of December , 2010 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Liberty Mutuai Insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMONY WH � unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year flrst above written. �. ��t���� � �� �� �'°� $� CDMMOhN1EF,LTH QF PENN$YLVti�11A � ��� � Notai4�45��i � /�./ "`�—." �� Taresa Pac�elia, Noia�y P'dbf�c �� F'�}m;c3ith Twp... hAcmN�or.�ery C�str�fy B�/ � � twtyCamm;sianEtipires�tnrcn2s:2otz Ter sa Pastella NOtBry PUbIiC ���p°� � M1:�rtdwP.Fe^��AUar.;e3Ag.;c�aAior3Ntv'Ertrt�ri�s CERTIFICATE � b�� I, the undersigned, Assistant ecretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attomey of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanicaliy reproduced signatures under and by authoriry of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of- the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF i have hereunto subscribed my name and affixed the corporate seal of the said company, this 23rd day of February , �011 �A"` ,k:- g ' � '��� Davitl M. Carey, Ass' t Secretary ��^