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2425-183%20WA%20State%20Dept%20of%20Commerce%20Energy%20Audit%20Incentive%20Program%20for%20Public%20Buildings.pdf

Document typecontract
Date2023-07-01
Source URLhttps://go.boarddocs.com/wa/bsdwa/Board.nsf/files/DEYKRJ532078/$file/2425-183%20WA%20State%20Dept%20of%20Commerce%20Energy%20Audit%20Incentive%20Program%20for%20Public%20Buildings.pdf
Entitybellingham_public_schools (Whatcom Co., WA)
Entity URLhttps://bellinghamschools.org
Raw filename2425-183%20WA%20State%20Dept%20of%20Commerce%20Energy%20Audit%20Incentive%20Program%20for%20Public%20Buildings.pdf
Stored filename2023-07-01-wastatedeptofcommerceenergyauditincentiveprogramforpublicbuildingspdf-contract.txt

Parent document: Regular Board Meeting and Study Session-04-17-2025.pdf

Text

oo Washington State

Department of

Vas’ Commerce

Interagency Agreement with
Bellingham School District
through
Clean Buildings Program

Contract Number:
24-51601-084

For

Energy Audit Incentive Program for Public Buildings

Dated: Upon Execution


Yas? Commerce

Table of Contents

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GENERAL TERMS AND CONDITIONG............scssssscsseeenneennnnnnenennnneenangeaonn susan anaenennnnennanannansenanennannagannennnensaanoggneennnaanaas 6
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2. ALL WRITINGS CONTAINED HEREIN... renee so einir seo eenie eco eecoeesnoeeseeesoneecoessoneesensmeeecns 6
3; AMENDMENTS coscemcsrrcsccerenmeernenm veer eeieie een 6
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5: CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION .....0... eect ec eee iaeeseoeneesoeesensnentel 6
6. COPYRIGHT wessienccssicceswsie saison ennansstsntcesistdesistessueslssenndecenesnedantiaiseesaitesiss pan tandsicssetaietiegitiesiesdent neues eseasat sesdtendsuntanesisit 7
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8. GOVERNING LAW AND VENUE ....oo nl in nee oiie scores nieeseoeesneasoeessiraseneecas 8
9. INDEMNIFICATION on nn nn ended oeadne eee asneeseoeednneesennesnenecieea 8
10. LICENSING, ACCREDITATION AND-REGISTRATION issesvescvvciweineinroreenivennnnrinnenninnnwnnienianenes 8
11. REGAP TURE siscseccs seeey socneneeesenmer amen remn em een aam maaan ener 8
12. RECORDS: MAINTENANCE esssiscccseievssnnecews ene usrneres arn mven rien enennnevem arena nner nee aire 8
13. SAVINGS. isccecsesessscnessuueasnennsentatenecesistsaniitensieastsientdansaneteantiasceesacesisyeangaaicaueventessuvewsinesibent sani garijanaitesdtensgutaantssient 8
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15. SUBCONTRACTING... ni inn linn nero ednee sor adneesoecsee sone egceeseoeessieesoeeessonasoneeceags 9
16. SURVIVAL 0 nn nn nn nnn orem oe eden c onc nee seen eg seesooeeesneasoeeeseeasoneesoags 9
17. TERMINATION FOR CAUSE}... i in nine sine soorsnee soon es nee seorecniensoeesinasoeeecas 9
18. TERMINATION FOR CONVENIEN CB op sccccrsccemssscnonesrsnemnneenememaesaaan mmm nReer Te 9
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20. TREATMENT OP-ASSETS wrcscecisssvcessencssscssiecstessvueasnessticensienesnecieseiiesitaatvestnersiteatanedslentesinieatiecssyednandnessluaecesstanss 10
21. WAVE Riccar carreras ate cat teu tee al eee a ea ree aleve eevee este 11
ATTACHMENT A: SCOPE OF WORK.........ccssscssssssnnnneneennnennaneenensnnnnnnonanennnnnnnnnognenennnnneannoneanennnensnangnsanensaanaganennanenaaas 12
ATTACHMENT B: BUDGET .........cccscsscsssnnceneennneennnnnneneennnennnnnonenennnaneaaeensunesnaannanenennnnnenanonaueeensnnsaanaaaenenssanaaaenaauaenaaas 15

Page 2 of 15


3 K, _ Department of
‘fae’ Commerce
Face Sheet
Contract Number: 24-51601-084

Clean Buildings Program, Energy Division
Audit Incentive Program for Public Buildings

1. Contractor 2. Contractor Doing Business As (as applicable)
Bellingham School District, No. 501 Bellingham School District # 501

1985 Barkley Blvd 1985 Barkley BLVD, Bellingham, WA 98226-6605
Bellingham, WA 98226 1306 Dupont St, Bellingham, WA 98225-9118

3. Contractor Representative 4. COMMERCE Representative

Gretchen Pflueger Brittany Wagner

Special Projects Manager Program manager

360-676-6467 CleanBuildingsIncentiveProgram@commerce.wa.gov
Gretchen.Pflueger@bellinghamschools.org

5. Contract Amount 6. Funding Source 7. Start Date 8. End Date
$328,617.50 Federal: [_] State: X] Other: [] N/A: C] July 1, 2023 June 30, 2025
9. Federal Funds (as applicable) Federal Agency: ALN

N/A N/A N/A

10. Tax ID # 11. SWV # 12. UBI# 13. UEI #
91-6001648 SWV0041150-03 | 371-001-663 N/A

14. Contract Purpose

Grant funding for energy audits for Tier 1 public buildings to support compliance with the Clean Building Performance
Standard. This funding will be used for all or part of conducting energy audits on these buildings. Cost date starts July 1,
2023. Funding for this contract relates to RFA number 51620-01.

COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the
terms of this Contract and Attachments and have executed this Contract on the date below and warrant they are authorized
to bind their respective agencies. The rights and obligations of both parties to this Contract are governed by this Contract
and the following documents incorporated by reference: Contractor Terms and Conditions including Attachment “A” — Scope
of Work, Attachment “B” — Budget

FOR CONTRACTOR FOR COMMERCE
Dr. Greg Baker, Superintendent Jennifer Grove, Interim Assistant Director, Energy Division
Date Date

APPROVED AS TO FORM ONLY

BY ASSISTANT ATTORNEY GENERAL

APPROVAL ON FILE

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oe

Department of

_ Def )
Yas? Commerce

Special Terms and Conditions
AUTHORITY

COMMERCE and Contractor enter into this Contract pursuant to the authority granted by Chapter
39.34 RCW.

CONTRACT MANAGEMENT

The Representative for each of the parties shall be responsible for and shall be the contact person
for all communications and billings regarding the performance of this Contract.

The Representative for COMMERCE and their contact information are identified on the Face Sheet
of this Contract.

The Representative for the Contractor and their contact information are identified on the Face Sheet
of this Contract.

COMPENSATION

COMMERCE shall pay an amount not to exceed $0.50 per square foot of gross floor area, unless the
Contractor is eligible for the enhanced amount. The total funding will not exceed the proposed cost of
the audit. The proposed audit cost for is $328,617.50 for the performance of all things necessary for
the attached scope of work.

BILLING PROCEDURES AND PAYMENT

COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly
completed invoices, which shall be submitted to the Representative for COMMERCE via the
Commerce Contracts Management System, which is available through the Secure Access
Washington (SAW) portal.

The invoice attachments to the invoice request in the Commerce Contracts Management System
shall describe and document, to COMMERCE's satisfaction, a description of the work performed, the
progress of the project, and fees. If expenses are invoiced, provide a detailed breakdown of each
type. A receipt must accompany any single expenses in the amount of $50.00 or more in order to
receive reimbursement.

Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after
receipt of properly completed invoices. Payment shall be sent to the address designated by the
Contractor.

COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the
Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or
condition of this Contract.

No payments in advance or in anticipation of services or supplies to be provided under this Agreement
shall be made by COMMERCE.

Invoices and End of Fiscal Year

Invoices are due on the 20th of the month following the provision of services.

Final invoices for a state fiscal year may be due sooner than the 20th and Commerce will provide
notification of the end of fiscal year due date.

The Contractor must invoice for all expenses from the beginning of the contract through June 30,
regardless of the contract start and end date.

Duplication of Billed Costs

Page 4 of 15


oe

Department of

_ Def )
Yas? Commerce

The Contractor shall not bill COMMERCE for services performed under this Agreement, and
COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will
be paid by any other source, including grants, for that service.

Disallowed Costs

The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subcontractors.

COMMERCE may, in its sole discretion, withhold ten percent (10%) from each payment until
acceptance by COMMERCE of the final report (or completion of the project, etc.).

SUBCONTRACTOR DATA COLLECTION

Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as
agreed by the parties, regarding work under this Contract performed by subcontractors and the portion
of Contract funds expended for work performed by subcontractors, including but not necessarily
limited to minority-owned, woman-owned, and _ veteran-owned business_ subcontractors.
“Subcontractors” shall mean subcontractors of any tier.

INSURANCE

Each party certifies that it is either self-insured or a member of an insurance pool under the State’s
or local government self-insurance liability program, per Chapter 48.62 RCQ, and shall be responsible
for losses for which it is found liable.

FRAUD AND OTHER LOSS REPORTING

Contractor shall report in writing all known or suspected fraud or other loss of any funds or other
property furnished under this Contract immediately or as soon as practicable to the Commerce
Representative identified on the Face Sheet.

ORDER OF PRECEDENCE

In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving
precedence in the following order:

Applicable federal and state of Washington statutes and regulations
Special Terms and Conditions

General Terms and Conditions

Attachment A — Scope of Work

Attachment B — Budget

Page 5 of 15


oe

Department of

_ Def )
Yas? Commerce

General Terms and Conditions
DEFINITIONS

As used throughout this Contract, the following terms shall have the meaning set forth below:

A. “Authorized Representative” shall mean the Director and/or the designee authorized in writing
to act on the Director's behalf.

B. “COMMERCE?” shall mean the Washington Department of Commerce.

C. “Contract” or “Agreement” or “Grant” means the entire written agreement between
COMMERCE and the Contractor, including any Attachments, documents, or materials
incorporated by reference. E-mail or Facsimile transmission of a signed copy of this contract
shall be the same as delivery of an original.

D. "Contractor" or “Grantee” shall mean the entity identified on the face sheet performing
service(s) under this Contract, and shall include all employees and agents of the Contractor.

E. “Personal Information” shall mean information identifiable to any person, including, but not
limited to, information that relates to a person’s name, health, finances, education, business,
use or receipt of governmental services or other activities, addresses, telephone numbers,
social security numbers, driver license numbers, other identifying numbers, and any financial
identifiers, and “Protected Health Information” under the federal Health Insurance Portability
and Accountability Act of 1996 (HIPAA).

F. “State” shall mean the state of Washington.

G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all
or part of those services under this Contract under a separate contract with the Contractor. The
terms “subcontractor” and “subcontractors” mean subcontractor(s) in any tier.

ALL WRITINGS CONTAINED HEREIN

This Contract contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to
exist or to bind any of the parties hereto.

AMENDMENTS

This Contract may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.

ASSIGNMENT

Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred
or assigned by the Contractor without prior written consent of COMMERCE.

CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION

A. “Confidential Information” as used in this section includes:

i. All material provided to the Contractor by COMMERCE that is designated as “confidential”
by COMMERCE;

ii. All material produced by the Contractor that is designated as “confidential” by
COMMERCE; and

Page 6 of 15


tate

yartment of

Yas? Commerce

iii. All Personal Information in the possession of the Contractor that may not be disclosed
under state or federal law.

B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer,
sale, or disclosure of Confidential Information. The Contractor shall use Confidential
Information solely for the purposes of this Contract and shall not use, share, transfer, sell or
disclose any Confidential Information to any third party except with the prior written consent of
COMMERCE or as may be required by law. The Contractor shall take all necessary steps to
assure that Confidential Information is safeguarded to prevent unauthorized use, sharing,
transfer, sale or disclosure of Confidential Information or violation of any state or federal laws
related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and
procedures on confidentiality. COMMERCE may require changes to such policies and
procedures as they apply to this Contract whenever COMMERCE reasonably determines that
changes are necessary to prevent unauthorized disclosures. The Contractor shall make the
changes within the time period specified by COMMERCE. Upon request, the Contractor shall
immediately return to COMMERCE any Confidential Information that COMMERCE reasonably
determines has not been adequately protected by the Contractor against unauthorized
disclosure.

C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5)
working days of any unauthorized use or disclosure of any confidential information, and shall
take necessary steps to mitigate the harmful effects of such use or disclosure.

COPYRIGHT

Unless otherwise provided, all Materials produced under this Contract shall be considered "works for
hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall
be considered the author of such Materials. In the event the Materials are not considered “works for
hire” under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and
interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to
COMMERCE effective from the moment of creation of such Materials.

“Materials” means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
and/or sound reproductions. “Ownership” includes the right to copyright, patent, register and the ability
to transfer these rights.

For Materials that are delivered under the Contract, but that incorporate pre-existing materials not
produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty-
free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce,
distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants
and represents that the Contractor has all rights and permissions, including intellectual property rights,
moral rights and rights of publicity, necessary to grant such a license to COMMERCE.

The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Contract, of all known or potential invasions of privacy contained therein
and of any portion of such document which was not produced in the performance of this Contract.
The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of
infringement received by the Contractor with respect to any Materials delivered under this Contract.
COMMERCE shall have the right to modify or remove any restrictive markings placed upon the
Materials by the Contractor.

DISPUTES

In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in
the following manner: Each party to this Agreement shall appoint one member to the Dispute Board.
The members so appointed shall jointly appoint an additional member to the Dispute Board. The
Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a
determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority

Page 7 of 15


=partment of

_ Def )
Yas? Commerce

10.

11.

12.

13.

14.

prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As
an alternative to this process, either of the parties may request intervention by the Governor, as
provided by RCW 43.17.330, in which event the Governor's process will control.

GOVERNING LAW AND VENUE

This Contract shall be construed and interpreted in accordance with the laws of the state of
Washington, and the venue of any action brought hereunder shall be in the Superior Court for
Thurston County.

INDEMNIFICATION
Each party shall be solely responsible for the acts of its employees, officers, and agents.
LICENSING, ACCREDITATION AND REGISTRATION

The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Contract.

RECAPTURE

In the event that the Contractor fails to perform this Contract in accordance with state laws, federal
laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an
amount to compensate COMMERCE for the noncompliance in addition to any other remedies
available at law or in equity.

Repayment by the Contractor of funds under this recapture provision shall occur within the time period
specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments
due under this Contract.

RECORDS MAINTENANCE

The Contractor shall maintain books, records, documents, data and other evidence relating to this
contract and performance of the services described herein, including but not limited to accounting
procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature
expended in the performance of this contract.

The Contractor shall retain such records for a period of six years following the date of final payment.
At no additional cost, these records, including materials generated under the contract, shall be subject
at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by
COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law,
regulation or agreement.

If any litigation, claim or audit is started before the expiration of the six (6) year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been resolved.

SAVINGS

In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or
terminate the Contract under the "Termination for Convenience” clause, without the ten calendar day
notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding
limitations and conditions.

SEVERABILITY

The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid
for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of
the contract.

Page 8 of 15


=partment of

_ Def )
Yas? Commerce

15.

16.

17.

18.

19.

SUBCONTRACTING

The Contractor may only subcontract work contemplated under this Contract if it obtains the prior
written approval of COMMERCE.

If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to
subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause,
COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as
they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or
entity; or (c) require the Contractor to rescind or amend a subcontract.

Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The
Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term
or condition of this Contract. The Contractor shall appropriately monitor the activities of the
Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a
subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach
in the performance of the Contractor’s duties.

Every subcontract shall include a term that COMMERCE and the State of Washington are not liable
for claims or damages arising from a Subcontractor’s performance of the subcontract.

SURVIVAL

The terms, conditions, and warranties contained in this Contract that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Contract
shall so survive.

TERMINATION FOR CAUSE

In the event COMMERCE determines the Contractor has failed to comply with the conditions of this
contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before
suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need
to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be
terminated or suspended.

In the event of termination or suspension, the Contractor shall be liable for damages as authorized
by law including, but not limited to, any cost difference between the original contract and the
replacement or cover contract and all administrative costs directly related to the replacement contract,
e.g., cost of the competitive bidding, mailing, advertising and staff time.

COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or
prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged
compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to
terminate the contract. A termination shall be deemed a “Termination for Convenience” if it is
determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or
her control, fault or negligence.

The rights and remedies of COMMERCE provided in this contract are not exclusive and are, in
addition to any other rights and remedies, provided by law.

TERMINATION FOR CONVENIENCE

Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days’ written
notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If
this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms
of this Contract for services rendered or goods delivered prior to the effective date of termination.

TERMINATION PROCEDURES

Upon termination of this contract, COMMERCE, in addition to any other rights provided in this
contract, may require the Contractor to deliver to COMMERCE any property specifically produced or
acquired for the performance of such part of this contract as has been terminated. The provisions of
the "Treatment of Assets" clause shall apply in such property transfer.

Page 9 of 15


=partment of

_ Def )
Yas? Commerce

20.

COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed
work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and
COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially
completed work and services, (iii) other property or services that are accepted by COMMERCE, and
(iv) the protection and preservation of property, unless the termination is for default, in which case the
Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree
with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract.
COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized
Representative determines to be necessary to protect COMMERCE against potential loss or liability.

The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this contract.

After receipt of a notice of termination, and except as otherwise directed by the Authorized
Representative, the Contractor shall:

A. Stop work under the contract on the date, and to the extent specified, in the notice;

B. Place no further orders or subcontracts for materials, services, or facilities except as may be
necessary for completion of such portion of the work under the contract that is not terminated;

C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the
Authorized Representative, all of the rights, title, and interest of the Contractor under the orders
and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to
settle or pay any or all claims arising out of the termination of such orders and subcontracts;

D. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with the approval or ratification of the Authorized Representative to the extent
the Authorized Representative may require, which approval or ratification shall be final for all
the purposes of this clause;

E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed
by the Authorized Representative any property which, if the contract had been completed,
would have been required to be furnished to COMMERCE;

F. Complete performance of such part of the work as shall not have been terminated by the
Authorized Representative; and

G. Take such action as may be necessary, or as the Authorized Representative may direct, for
the protection and preservation of the property related to this contract, which is in the
possession of the Contractor and in which COMMERCE has or may acquire an interest.

TREATMENT OF ASSETS

Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a
direct item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such
property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor
under this contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property
in the performance of this contract, or (ii) commencement of use of such property in the performance
of this contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part,
whichever first occurs.

A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided
herein or approved by COMMERCE, be used only for the performance of this contract.

B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that
results from the negligence of the Contractor or which results from the failure on the part of the
Contractor to maintain and administer that property in accordance with sound management

Page 10 of 15


Department of
Commerce
practices.
Cc. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately

notify COMMERCE and shall take all reasonable steps to protect the property from further
damage.

D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement
upon completion, termination or cancellation of this contract.

E; All reference to the Contractor under this clause shall also include Contractor's employees,
agents or Subcontractors.
21. WAIVER

Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or
breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless
stated to be such in writing and signed by Authorized Representative of COMMERCE

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Attachment A: Scope of Work

PURPOSE OF FUNDING / OVERVIEW

COMMERCE is granting funding to the Grantee for an ASHRAE Level 1, 2 or targeted Level 2 Energy
Audit in accordance with Section 8 of the Washington State Clean Buildings Performance Standard. This
funding is to cover part or all of the cost of conducting a Level II energy audit.

The energy audit must analyze all cost-effective energy efficiency measures (EEM) for systems such
as lighting, HVAC equipment, building envelope, steam, chilled water, domestic hot water and other
water using systems, building controls, energy generation and distribution, and waste management
systems. The audit is based upon detailed analysis of the existing systems, including instantaneous
measurements of system performance parameters and, wherever possible, detailed data logging of
system performance. The audit includes an evaluation of the economic performance and investment
value of the EEMs.

DELIVERABLES 1-3

1. Deliverable 1: Audit Requirement

a.

c.

Grantee must hire an energy consultant from the Clean Building Audit Incentive Program
qualified auditor list or a qualified Energy Service Company (ESCO) who partners with

Department of Enterprise Services

i. COMMERCE has generated a qualified auditor list and it is posted at this link on
the Clean Buildings Webpage.

Starting no earlier than July 1, 2023, the energy consultant must complete an energy
audit in accordance with Section 8 of the Washington State Clean Buildings Performance
Standard

i. Completion of an ASHRAE Level 1, 2 or targeted Level 2 Energy Audit in
accordance with Section 8 of the Washington State Clean Buildings Performance
Standard

ii. Completion and submittal of an audit summary in accordance with Normative
Annex Z (Form D) of the Washington State Clean Buildings Performance
Standard

iii. Verify energy savings calculations of each EEM
iv. Verify that the combined savings of multiple EEM accounts for interactive effects

v. For buildings that will not meet the EUIt, provide a life cycle cost analysis of all
evaluated EEMs in accordance with Normative Annex X of the Washington State
Clean Buildings Performance Standard.

Energy Audits must be completed by June 15, 2025.

2. Deliverable 2: Energy Consultant Deliverables

a.

A preliminary audit to ensure there are opportunities for energy efficiency improvements
that can lead to a path to compliance for the building.

A proposed audit scope of work, including the systems to be evaluated, the timeline to
completion, and the cost to conduct the audit. The Grantee reviews the proposal and
negotiates the cost of the audit.

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oe Department of

_ Def )
Yas? Commerce

Cc.

d.

The energy consultant will undertake an audit of the facilities. The audit will identify
opportunities for EEMs that, if implemented, would either meet the energy target for the
building or meet the investment criteria requirements of Normative Annex X in the_Clean
Buildings Performance Standard. The energy consultant will send the Public agency the
finalized audit.

The finalized audit will include at least the following:
i. A description of the facility and those building systems.

ii. Confirm or establish an Energy Star Portfolio Manager account for energy
benchmarking and for Form C Documentation of Compliance with the Standard
(24.2, 4.3, 4.4, 4.5).

1. Share Building Properties. Add the organization account
WACleanBuildings and set up a connection request.

iii. The baseline energy consumption for the facility, including the data, methodology
and variables used to compute the baseline, and the baseline calendar period.
The calendar period must not be shorter than twelve months.

iv. Recommendations for replacement of existing equipment, along with
recommendations for improvements to existing equipment and operating
conditions.

v. The recommended EEMs to be installed in order to achieve compliance with the
EUIt or if complying through the investment criteria.

vi. Any applicable utility rebate recommendations that align with EEMs.
vii. The standards of comfort and service appropriate for the facility.

viii. The estimated energy savings and energy cost savings that are expected from
the installation of the energy efficiency equipment, and an explanation of the
method or methods used to make the estimate.

ix. The maximum allowable construction cost, itemized in detail.

3. Deliverable 3: Submission to COMMERCE Reporting Requirements by June 30,

2025

a.

d.

The energy consultant and/or Grantee will present to COMMERCE Energy Audit Forms
(Form D) (26.4.1) and for buildings seeking compliance through the investment criteria,
Annex X, Investment Criteria Tool (Form F) (26.5).

Completion and submittal of an audit summary in accordance with Normative Annex Z
(Form D) of the Washington State Clean Buildings Performance Standard

For buildings that will not meet the EUIt, provide a life cycle cost analysis (CCA) of all
evaluated EEMs in accordance with Normative Annex X of the Washington State Clean
Buildings Performance Standard.

Provide final invoice documenting audit cost.

4. This scope applies to each of the following buildings:

a.

e ae Ss

Bellingham High School

Fairhaven Middle School

Geneva Elementary School
Northern Heights Elementary School
Options High School

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o™ i ment of
Yas? Commerce

f. Shuksan Middle Schoo!
g. Silver Beach Elementary School
h. Wade Kind Elementary School

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Washington State
oa _ Department of

Yas? Commerce

Attachment B: Budget

Budget Note: Commerce can only award a grant of $0.50/ square foot for a total award of

$328,617.50.

Bellingham Public Schools- 8 Combined Schools -
CBPS Energy Audit Grant Application

Detailed Budget

McKinstry will perform the propose CBPS Energy Audit scope of work at these eight combined schools for the
lump-sum fee listed below. At 657,235 total gross square feet, the budget represents $0.59/SF for Bellingham
Public Schools. While this rate is slightly higher than the guidelines of the grant program, the District would

request an accommodation due to the smaller size of each individual building.

SCOPE $q. Ft. FEE

Bellingham High School ASHRAE Level 2 Audit 174,398 $82,000
Fairhaven Middle School ASHRAE Level 2 Audit 68,684 $46,000
Geneva Elementary School ASHRAE Level 2 Audit 49,795 $41,600
Northern Heights Elementary School ASHRAE Level 2? Audit 61,944 $43,000
Options High School ASHRAE Level 2 Audit 58,876 $42,750
Shuksan Middle School ASHRAE Level 2 Audit 109,659 $48,500
Silver Beach Elementary School ASHRAE Level 2 Audit 56,446 $42,600
Wade King Elementary School ASHRAE Level 2 Audit 65,233 $42,200
TOTAL 657,235 $388,650

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