Action Amount Total Contract

Annual AIMS Update No. 1 0 to

Contract No. S05001 B for

Energy Services between

Texas A&M Engineering Experiment Station dba TEES

and the City of Austin

1.0 Contract is approved for Annual AIMS Update 9 and effective October 1 B, 2017 through October 17, 201 B. This is an evergreen and interlocal contract.

2.0 The total contract amount is increased by $200,000.00 for the extension period. The total contract authorization is recapped below:

Action Action Amount Total Contract

Amount Initial Term: 1 0/1 B/2004 - 1 0/17/2005

a. Carried over from AFS3 system. b. Council Authorization of $200,000.00/year

RCA #41 - 09/30/2004 (lnterlocal) $200,000.00 $200 000.00 Amendment No. 1: Option 1 1 0/1 B/2005 - 1 0/17/2006 $200,000.00 $400,000.00 Amendment No. 2: Option 2 1 0/1 B/2006 - 1 0/17/2007 $200,000.00 $600,000.00 Amendment No. 3: Option 3 1 0/1 B/2007 - 1 0/17/2008 $200,000.00 $800,000.00 Amendment No. 4: Option 4 1 0/1 B/2008 - 1 0/17/2009 $200,000.00 $1,000,000.00 Amendment No.5: Option 5 10/1 B/2009- 10/17/2014 $1,000,000.00 $2,000,000.00 Amendment No. 6: Contract modified to incorporate provisions to meet grant requirements 06/08/2010 $0.00 $2,000,000.00 Amendment No. 7: Contract increased by $600,000.00 per City Council approval. NTE $1 ,800,000.00 RCA #21 - 08/19/2010 $600,000.00 $2,600,000.00 Amendment No. B: Contract Correction

a. Switched to Annual AIMS Update. $800,000.00 $3,400,000.00 b. Funds ($800,000.00) for year 2012-15 had not been added

10/24/2014 c. Option 6

10/1 B/2015- 10/17/2016 $200,000.00 $3,600,000.00 Amendment No.9: Option 7

$200,000.00 $3,800,000.00 10/1 B/2016- 10/17/2017 Amendment No. 1 0: Option B

$200,000.00 $4,000,000.00 10/1 B/2017- 10/17/201 B

3.0 MBE/WBE goals do not apply to this contract.

4.0 All other terms and conditions remain the same.

BY THE SIGNATURES affixed below, this amendment is hereby incorporated into and made a part of the abovereferenced contract.

Signed: ~a.L,~~e:vYI Date: -----+-b~~'-'-"<---L-/-+Z-----

Annual AIMS Update No. 9 to

Contract No. S05001 8 for




1.0 Contract is approved for Annual AIMS Update 9 and effective October 1 8, 2016 through October 17, 2017. This is an evergreen and interlocal contract.


Action Action Amount Total Contract Amount

Initial Term: 10/18/2004- 10/17/2005


RCA #41 - 09/30/2004 (lnterlocal) $200,000.00 $200,000.00 Amendment No. 1: Option 1 1 0/1 8/2005 - 1 0/17/2006 $200,000.00 $400,000.00 Amendment No. 2: Option 2 10/18/2006- 10/17/2007 $200,000.00 $600,000.00 Amendment No. 3: Option 3 1 0/1 8/2007 - 1 0/17/2008 $200 000.00 $800,000.00 Amendment No. 4: Option 4 1 0/1 8/2008 - 1 0/17/2009 $200,000.00 $1 ,000,000.00 Amendment No.5: Option 5 10/1 8/2009 - 1 0/17/2014 $1,000,000.00 $2,000,000.00 Amendmeot No. 6: Contract modified to incorporate provisions to meet grant requirements 06/08/2010 $0.00 $2,000,000.00 Amendment No. 7: Contract increased by $600,000.00 per City Council approval. NTE $1 ,800,000.00 RCA #21 - 08/19/201 0 $600,000.00 $2,600,000.00 Amendment No. 8: Contract Correction


10/24/2014 c. Option 6

10/18/2015- 10/17/2016 $200,000.00 $3,600,000.00 Amendment No. 9: Option 7 10/18/2016- 10/17/2017 $200,000.00 $3,800,000.00

3.0 MBEIWBE goals do not apply to this contract.


MZ7/12113

BY THE SIGNATURES affixed below, this amendment is hereby incorporated into and made a part of the abovereferenced contract.

Signed: ~LI~~;--t/JJ.<:»J'I Date: _£_/-=-IJ___,"")a....-'1£...-~.-;.--"'-=--------

MZ 7112/13

Annual AIMS Update No. 8 to

Contract No. S050018 for




1.0 Contract is approved for Annual AIMS Update 8 and effective October 18, 2015 through October 17, 2016. This is an evergreen and interlocal contract.


Action Action Amount Total Contract

Amount Initial Term: 1 0/18/2004 - 1 0/17/2005


RCA #41 -09/30/2004 (lnterlocal) $200,000.00 $200,000.00 Amendment No. 1: Option 1 1 0/18/2005 - 1 0/17/2006 $200,000.00 $400,000.00 Amendment No. 2: Option 2 10/18/2006- 10/17/2007 $200,000.00 $600,000.00 Amendment No. 3: Option 3 10/18/2007- 10/17/2008 $200,000.00 $800,000.00 Amendment No. 4: Option 4 1 0/18/2008 - 1 0/17/2009 $200,000.00 $1,000,000.00 Amendment No.5: Option 5 10/18/2009- 10/17/2014 $1,000,000.00 $2,000,000.00 Amendment No. 6: Contract modified to incorporate provisions to meet grant requirements 06/08/2010 $0.00 $2,000,000.00 Amendment No. 7: Contract increased by $600,000.00 per City Council approval. NTE $1,800,000.00 RCA #21 - 08/19/201 0 $600,000.00 $2,600,000.00 Amendment No. 8: Contract Correction


10/24/2014 c. Option 6

10/18/2015- 10/17/2016 $200,000.00 $3,600,000.00



MZ 7/1 2/13

BY THE SIGNATURES a 1 ed below, this amendment is hereby incorporated into and made a part of the above

~

MZ7/12113

){ill: ~ • /#~AI~ if) tf;)/iffi;f~ ·0

p, dl b~~e-AmendmentNo. 7 ~(!Jw/Jt~ ·· P .1). 1~ )~

to ~ rb. -rt; ;J.N ?' lnterlocal Agreement No. S050018 . f.MJv /1 n'>~~ ~ · ~'l " -6 ·

for !<YIJ j}fl.Wf\IIC • Energy Services

between Texas Engineering Experiment Slatlon


1.0 As per City Council approval on August 19, 2010, the total Contract amount will be Increased by $600,000.00 to allow for the performance of projects Identified through the Emergency Efficiency and Conservation Block Grant received from the Department of Energy's American Recovery and Reinvestment Act. The total Contract authorizallon Is recapped below:

Contract Amount for Total Contract Term the term Amount Basic Tem1: 10118/04-10/17/05 $200,000.00 $200,000.00 Amendment No. 1 : Option 1 $200,000.00 $400,000.00 10/18/05-10/17/06 Amendment No. 2 : Option 2 $200,000.00 $600,000.00 10/18/06 - 10/17/07 Amendment No. 3 : Option 3 $200,000.00 $800,000.00 1 0/18/07 - 10/17/08 Amendment No. 4: Option 4 $200,000.00 $1,000,000.00 10/18/08 - 10/17/09 Amendment No. 5: Option 5 10/18/09-10/17/14 $1,000,000.00 $2,000,000.00 Amendment No. 6: Contract modtned to Incorporate provisions to meet grant requJrements $0.00 $2 000 000.00 AmendmentNo. 7: Contract Increased by $600,000 per Council approval Item# 21 8/19/10 $600 000.00 $2,600 000.00


3.0 By signing this Amendment the Contractor certmes that the Contractor and lis principals are not currenlly suspended or debarred from doing business with the Federal Government, as Indicated by the General Services Admlnlstrallon (GSA) List of Parties Excluded from Federal Procurement and Non-Procurement Programs, the State oiTexas, or the City of Auslln.

4.0 All other terms and conditions remain I he same.

BY THE SIGNATURES affixed below, this Amendment Is hereby incorporated ,Into and made a part of the above-referenced contract. '

I nature: ~ • ~ • Printed Name: 1

Aulhorlzed Representallve Texas Engineering Experiment Station 3124 TAMU College Stall/ TX 7)43-0001

Date ~ ;:;<// /t:J

Amendment 7 - S0500 18

Date 77

. -·-·---~-·--

.'\m~.ndmailt Noc(\jJ to

lnlotlocal Agteomonl No, 5050016 ror

linarg)' Setv~s lletweon

Texaol!notnoerlitg F.xporlmenl stallon end Uta

Cllf ol Auslln

1.0 Tho Oily n'n~ conllaotor eoree 191noo'l]lornto Into the oonliaet tho rolloi•Anil provt?lonswhleh would apply to ony work dona or purchases made through Utle ~greemont with funding rrom tho American Rooovof)' & Rslnvosllnonl Act o12000 (ARRA):

• The oily s(iall notil;l Conlrnetor eaoh Umo lhoy are requuting wik Of purchases whiCh wtil bo paid ror~~ithARM funding.

• Tho Conlrnctor oholl complyvnlhARRA Nporllng standards ror nny work doneorpurchasss made vnlhARRA rundlng. The Con~aolor aholl usa e-VerHy to vollfy a!MIIn positions lundedllilh ARRA grantrunde.. .

• ill a conlrnctor shall Mop sqpanl!o iooords ror all work baing dono or purchosae made using A11RA funding. • Tile ConiMolorallnll oJIOI'I n roprosentollvo of lho Oily or an appropriate nulhorllod pam on ol many dllfeNnllevels of

oovornmont to examine nny records thai p8/laln to ond Involve lmnsactlonslhal role!o to wotk done vnthARRA lund!ng an~ to allowthalnletvlewor any olncor oramployea of tho Conlmolor In ralal!on to 11~1k dona or purchases made w!lh ARRA lundlng .

. , •• Tho oonlrac(or shalladhcrelo roqulremenls of Ei<hlbl11 IIliich Includes floWdOI\11 requlremenlb or this Gtant.

2.0

3.0

4.0

• 'tho contmclot shall oomply Vnlh tho NQUiromcnlb oltha Buy Arn•rlca Ml lor any puNhases made v•lh AI1RA funding. Tho Contractor !halt comply 1~\h lhawoge and reporllng raqulrom•nto or lho Davis Bacon Act ror on)' work dono or ptirchaaos made With MilA Wndlng,

Mai:IWD!! goals do not opply to nils conlroct.

ayalgnlng this Amondmenllho contractor <:<~rUfios thai the vendor And Us principals are no! ourronlly auspandsd ordobarrod trot.» doing business W1Utlh0 Fedora! Govemmohl, as indicated by the GSA l.laiof Pnrlles Exclude~ from Fuderru PiocurenHinl and Non·Procuremenll'rograms, tho Stele ofTexes, or lhe City or Au•lln.

All olhor lorrno and eon<llllons lllntQin tho so mo.

DY'fliF. SIGNATURE$ a fOxed heiow, lhle nmondmont Is horeby lncoiJloratod Info ami made a pall ollhe nbove·referonc•d

contracL ·~~IJ!,!'hvV).'\: ~/1 .§lgnnture: ~4..... --'s"'ig"'n,e,d:_2J,:;_,::L1..u_ t!M/;tLL""":-~-"-'-lL'-l'---'~-'="--l'rlnlod Narne:,___""""'=~------"..,---'-' Aulhorlzod·flepr~'entoUva·

•• Ma1kAnd10WS "' " '!tE!l co~lraounu OlflCllr

Date

Arilendmon\6- 6050016

Shawn M. Harrts, Supervising Senior Buyer Oily of Austin Purchasing Office

Dale G[<t/tD

EXHIBIT 1

A. Flow Down Reouirement

Rccipknls must includ0!ht:se special tem1s and conditions in any subaward.

B. Segregation of Costs

Recipients must segregate the obligations and expenditures related to funding under the Recovery Acl. Financial and accounting systems should be revised as necessar>' to segregate, track and maintain these funds apart and separate from other rcwnue streams. No part of the funds from tho Recovery Act shall be commingled with any other ftmds or used for a puqJose other !han th«t of making payments for costs allowable for Recovety Act projects,

II

C. Prohibition on Use of Funds

DE-EE0000960/000 City of Austin, TX

None of the funds provided under this agreement derived from the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, may be used by any State or local government, or any private entity, for any cMino or other gambling establishment, aquarium, zoo, golf course, or swimming pool.

D. Ascess to Records

With respect to each financial assistance agreement awarded utilizing at least some of the funds appropriated or othenvise made available by the American Recovery and Reinvestment Act of2009, Pub. L. 111-5, any representative of an appropriate inspector general appointed under section 3 or 8G of the Inspector General Act of 1988 (5 U.S.C. App.) or of the Comptroller General is authorized --

(I) to examine any records of the contractor or grantee, any of its subcontractors or subgrantees, or any State or local agency ndministering such contract that pertain to, and involve transactions that relate to, the subcontract, subcontract, grant, or subgrant; and

(2) to interview any officer or employee of the contractor, grantee, subgrantee, or agency regarding such transactions.

E. Publication

An application may contain technical data a~d other data, including trade secrets and/or privileged or confidential information, which the applicant does not want disclosed to the public or used by the Government for any purpose other than the application. To protect such data, the applicant should specifically identify each page including each tine or paragraph thereof containing the data to be protected and mark the cover sheet of the application with the following Notice as well as referring to the Notice on each page to which the Notice applies:

Notice of Restriction on Disclosure and Use of Data The data contained in pages---- ofthls application have been submitted in confidence and contain trade secrets or proprietary infonnation, and such datu shall be used or disclosed only for evaluation purposes, provided that if this applicant receives an award as a result of or in connection with the submission of this applicntion, DOE shall have the right to use or disclose the data here to the extent provided in the award, This restriction does not limit the Goverrunent's right to use or disclose data obtained without restriction from any source, including the applicant.

Information about this agreement wilt be published on the Internet and linked to the website www.recovery.gov, maintained by the Accountability and Transparency Board, The Board may exclude posting contractual or other infonnation on the website on a case-by-case basis when necessary to protect national security or to protect information that is not subject to disclosure under sections 552 and 552a of title 5, United States Code.

12


F. Protecting State and Local Government and Contractor Whistleblowers.

The requirements of Section 1553 of the Act are sununarized below. They include, but are not limited to:

Prohibition on Reprisals: An employee of any non-Federal employer receiving covered funds under the American Recovery and Reinvestment Act of2009, Pub. L. 111-5, may not be discharged, demoted, or oth~rwise discriminated against as a reprisal for disclosing, including a disclosure made in the ordinary course of an employee's duties, to the Accountability and Transparency Board, an inspector general, the Comptroller General, a member of Congress, a State or Federal regulatory or law enforcement agency, a person with supervisory authority over the employee (or other person working for the employer who has the authority to Investigate, discover or terminate misconduct), a court or grant jury, the head of a Federal agency, or their representatives information that the employee believes is evidence of:

- gross management of au agency contract or grant relating to covered funds; • a gross waste of covered fimds;

· - a substanlial and specific danger to public h'eallh or safety related to the implementation or use of covered funds;

- an abuse of authority related to the implementation or use of covered funds; or • as violation oflnw, rule, or regulation related to an agency contract (including Ule

competition for or negotiation of a contract) or grant, ·awarded or issued relating to covered funds.

Agency Acllon: Not later than 30 days af\er receiving an inspector general report of an alleged reprisal, the head of the agency shall detennine whether there is sufficient basis to conclude that the non-f'ederal employer has subjected the employee to a prohibited reprisal. The agency shall either issue an order denying relief in whole or in part or shall take one or more of the following actions:

- Order the employer to take affirmative action to abate the reprisal. • Order the employer to reinstate the person to the position that the person held before the

reprisal, together with compeusation including back pay, compensatory damages, employment benefits, and other terms and conditions of employment that would apply to the person in that position if the reprisal had not been taken.

- Order the employer to pay the employee an amount equal to the aggregate amount of all costs and expenses (including attorneys' fees and expert witnesses' fees) that were reasonably incurred by the employee for or in connection with, bringing the complaint regarding the reprisal, as determined by the head of a court of competent jurisdiction.

Nonenforceability of Certain Provisions Waiving Rights and remedies or Requiring Arbitration: Rxcept as provided in a collective bargaining agreement, the rights and remedies provided to aggrieved employees by this section may not be waived by any agreement, policy, fonn, or condition of employment, including ony predispute arbitration agreement. No predispute arbitration agreement shall be valid or enforceable if it requires arbitration of a dispute arising out of this section.

13


Requirement to Post Notice of Rights and Remedies: Any employer receiving covered funds under the American Recovery and Reinvestment Act of2009, Pub, L. Ill-S, shall post notice of the rights and remedies as required therein. (Refer to section 1553 of the American Recovery and Reinvestment Act of2009, Pub. L. 111·5, www.Recovery.gov, for specific requirements of this section and prescribed language for the notices.).

0. Reserved

H. False ct'aims Act

Recipient and sub-recipients shall promptly refer to the DOE or other appropriate Inspector General any credible evidence that a principal, employee, agent, contractor, sub-grantee, subcontmctor or ollier person has submitted a false claim under the False Claims Act or has corrunitted a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity or similar misconduct involving those funds.

I. Information in Support of Recovery Act Reporting

Recipient may be. required to submit backup documentation for expenditures of funds under the Recovery Act including such items as timecards and invoices. Recipient shall provide copies of backup documentation at the request of the Contracting Officer or designee.

J. Availability of Funds

Funds obligated to lhls award are available for reimbursement of costs until 36 months after the award date. ·

K. Additional Funding Distribution and Assurance of Appropriate Use of Funds

Certification by Governor- For funds provided to any State or agency thereof by the An1erlcan Reinvestment and Recovery Act of2009, Pub. L. 111-5, the Governor of the State shall certify that: I) the stale will request and use funds provided by tl1e Act; and 2) tl1e funds will be used to create jobs and promote economic growth.

Acceptance by Stale Legislature ·· If funds provided to any State In any division of the Act 1\1'6 not accepted for use by llie Governor, then acceptance by the Stnte legislature, by means of the adoption of a concurrent resolution, shall be sufficient to provide funding to such Stale.

Distribution·· After adoption of a Stale legislature's concurrent resolution, funding to the State will be for distribution to local governments, councils of government, public entities, and public-private entities within the Stale either by formula or at the Stale's discretion.

L. Certifications

With respect to funds made available to State or local governments for infrastructure

14


investments under the American Recovery and Reinvestment Act of2009, Pub. L. 111-5, the Governor, mayor, or other chief executive, as appropriate, cet1ified by acceptance of this award that the infrastructure investment has received the full review and vetting required by law and that the chief executive accepts responsibility that the infrastntcture investment is an appropriate use of taxpayer dollars. Recipient shall provide an additional certification that includes a description of the investment, the estimated total cost, and the amount of covered funds to be used for posting on the Internet. A State or local agency inay not receive infrastructure investment funding from funds made available by the Act unless this certification is made and posted.

ORDINANCE NO. 20100204-1102

AN OIWINANCE AUTHORIZING THE ACCEPTANCE OF AMERICAN RECOVERY AND REINVESTMENT (ARRA) FUNDS FROM THE U.S. DEPARTMENT OF ENERGY (DOE) AND AMENDING THE FISCAL YEAR 2009-2010 AUSTIN ENERGY OPERATING BUDGET SPECIAL REVENUE FUND OI<' ORDINANCE 20090914-002 TO APPROPRIATE SUCH FUNDS AND AUTHORIZING THE ADDITION OF FOUR FULL TIME EQUIVALENT (FTE) EMPLOYEES FOR IMPLKMENTING ENERGY CONSERVATION MEASURES IN CITY OF AUSTIN FACILITIES.

HE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN:

PART 1. The Council authorizes the acceptance of $7,492,700 in funds provided by the U.S. Department of Energy (DOE) and the addition of fom (4) FTE's for implementing Energy Conservation measures in City of Austin facilities.

PART 2. The Council amends the 2009-2010 Austin Energy Operating Budget Special Revenue Fund of Ordinance 20090914-002 to appropriate $7,492,700 and the addition of four (4) FTE's for Energy Conservation measures to be implemented in City of Austin facilities.

PART 3. This ordinance takes effect on February 15, 2010.

PASSED AND APPROVED

§

§ L~ . ----'-'f/e""b"""'n.,tfl,_,ry.__4_,___--'--' 20 I 0 § -----HJ-~-+~=-=----""''----

Leeeffillgwel I Mayor

Pngc I of I

OPERATING BUDGET Fiscal Note

DATE OF COUNCIL CONSIDERATION: WHERE ON AGENDA: DEPARTMENT:

2/4/2010 ORDINANCE Austin Energy

SUBJECT: Approve on ordinance authorizing acceptance of $7,492,700 in American Recovery and Reinvestment Act (ARRA) grant funds from the U.S. Department of Energy (DOE), and amending the Fiscal Year 2009-2010 Austin Energy Operating Budget Special Revenue Fund of Ordinance No. 20090914-002 to appropriate $7,492,700 for Energy Conservation Mcasmes to be implemented in City of Austin tncilities and the addition of four FTE's for implementing Energy Conservation measures in City of Austin tncilities.

FINANCIAL INFORMATION:

Amended Amended Budget Impact of This Budget

2.009-2010 Action 2009-2010

American Recovery and Reinvestment Act $0 $7,492,700 $7,492,700

Gt·ant Tel'm 12/28/2009 to 12/27/2012

Toto I $0 $7,492,700 $7,492,700

FTES 0 4.00 4.00

Source: $7,492,700 gmnt fwlds is available from the American Recovery and Reinvestment Act (ARRA) gmnt funds The Grant Term is December 28, 2009 to December 27, 2012.

Director, Planning & Budget Signature: David Kutnch Date: 1/1112010

Dear EECBG Grantee:

Department of Energy Washington, DC 20585

Apri116, 2010

As your partner in the Energy Efficiency and Conservation Block Grant (EECBG) program, the Office of Weatherization and Intergovenunental Program would like to work closely with you in a shared commitment to use yom Recovery Act funds to provide local jobs, reduce energy costs, and grow a green economy in your community. I am writing to congratulate you on progress to date, to inform you about new · upcoming program-wide ta1·get milestones, and to offer any technical or other assistance at our disposal.

First and foremost, as of March 31, over $622 million in funds (23% of the total EECBG program) were under contract and obligated by grantees across the programcongratulatjons.to you are in order. This is an important step in the project cycle, because the "encumbering" of funds allows for jobs. to b!' created and for work (o begin on EECBG activities.

The Department has high hopes for this program. Ultimately, good jobs and projects are what will demonstrate the impact and potential of this new arid very promising program. As partners, we will meet these expectations, and to that end, I would like to inform you about target timelines and milestones that the Department of Energy (DOE) has set for the EECBG program.

Milestone 1: Funds under contract and obligated by grantees by June 25,2010 As noted above, the over $622 million in EECBG funds that have been put to work represent a substantial achievement. In order to build on this momentunt and ensure that the program is in full swing during the summer and fall, the Department is asking that all EECBG grantees do their part to attain the following milestone:

• By June.25, 2010, the EECBG goal is to have $2.5 billion in funds under contract and obligated by grantees across the pt!Jgram, which translates to 90% or more of your funds under contract and obligated by that elate.

Please send continuation to your DOE Project Officer that all subcontractor and subgrantee contracts, agreements, or other commitments are in place and ready to suppott spending before June 25, 2010.

In the event that this milestone is not attainable for any reason (e.g., conditions were just lifted, the award was delayed), we ask that you respond with an explanation and a reasonable altemative timeline.

If your office has not yet issued a planned Request for Proposal (RFP) for a project or is facing any challenges that are delaying the implementation of a program component, please consider reallocating those funds to an activity that could penn it more timely expenditure. Also please consider issuing RFPs where only activities categorically excluded from National Environmental Policy Act (NEP A) are considered.

Milestone 2: Funds drawn down from your ASAP account as activities are comJJleted, beginning with 20% by September 30, 2010 A key measure of project perfonnance is the timely invoicing of project activities as they are completed, and your corresponding drawing down of funds from the Treasury Department's ASAP system. To assist you in preparing contracts and agreements with your subgrantees and subcontractors, I would like to apprise you of the Department's timelines for EECBG project completion and corresponding funds draw-down. By incorporating these timelines and milestones into your contracting and awards agreements, you wiJI help ensure timely deployment of Recovery Act funds. The Department target for the EECBG program is for grantees to draw down funds by, or ahead of, the following milesiones:

• A minimum of 20% of your funds drawn down by September 30, 2010, ''" • A minimum of 50% of you1· funds drawn down by June 30, 2011, and • A minimum of 90% of your funds drawn down by June 30, 2012.

In the immediate tenu, please ensure that any completed project work is invoiced as soon as possible. We have seen some great examples recently of grantees that have tumed around invoices quickly, and we would ·like to encourage this practice as a way to help meet the stimulus goals of the Recovery Act. Additionally, many grantees have taken the approach of making progress payments as key project milestones are met, rather than reimbursing expenses only after a project is completed.

Technical Assistance Updates:

As your partner, the Department is prepared to help you develop and maintain the capability to ineet .or exceed the above timelines. To support your efforts, and to enhance the performance of your EECBG activities, the Department has developed a host of technical assistance resources. We encourage you to access these resources and to request direct assistance through our online portal, the Solution Center, at http://wlp.energy.gov/soluflonceuter. You may also calll-877-EERE-T AP (l-877-337-3827) to speak with a customer service representative who can assist you in submitting requests for resources and also answer questions regarding the resources available.

We ask that you utilize the technical assistance resources mentioned above as freely as you wish, but please do not hesitate to communicate to your DOE Project Officer regarding any additional needs for assistance that you may have or any unforeseen barriers to implementation that you may be facing.

Thank you in advance for your continued effotis, your cooperation, and your partnership. By achieving and exceeding the targets outlined above, we will be able to effectively

demonstrate progress in deploying Recovery Act funding, thereby showcasitlg the value of the EECBG program at a critical time.

Our program is poised to better the lives of millions of Americans in nearly every comer of the nation. Please help us share the good news of the impact in your conmJUnity by submitting your EECBG success stories to the Energy Empowers Web site at: https:l/www I. eere.energy .gov/pnp/s'tories/stories.aspx.

Sincerely,

Claire Broido Johnson Acting Program Manager Office of Weatherization and Intergovernmental Program Energy Efficiency and Renewable Energy

Mr. Dennis Lilley Project Coordinator

Department of Energy Washington, DC 20565 ·

Apri19, 2010

City of Austin, Texas [email protected]

Dear Mr. Lilley:

As your partner in the Energy Efficiency Conservation Block Grant (EECBG) program, the Office ofWeatheriza,tion and Intergovenm1ental Programs would like to work closely with you to ensure that funds are spent adequately and quickly, and that we move from project planning to project implementation.

Thank you for your responsiveness in providing info1mation to the Department of Energy through om Project Officers. We share a common commitment to facilitating the use of your Recovery Act funds to provide local jobs, reduce energy costs, and grow a green economy in your State. We will work in partnership with you to ensure that these goals are achieved. To that end, we· respectfully request that you provide us the following infom1ation, where applicable:

I. National Environmental Policy Act (NEPA) documentation 2. List of subcontractors and subgrantees 3. Confinnation that all subcontractor and sub grantee contracts and agreements are

in place and ready to support spending

The timelines requested for this infommtion as relates to your grant are listed in the Appendix attached. The timeline in the appendix is based on what your project officer believes to be needed to process your application further and are based on your Project Officer's existing records. These timelines also are fundamentally related to fulfilling the goals of the Recovery Act as well as reiterate the urgency to create jobs, save energy and deploy renewable energy and energy efficiency resources. This information is needed to clear NEPA conditions, to ensure that DOE is monitoring and reporting effectively, to track actual budget documents and compare them to the originals, and to update official award records. Please note that selected subcontractors and subgrantees must be reported using FederalReporting.gov, and the Project Officers at DOE are required to verify this data. Applications are processed on a "first come, first served" basis, therefore, the sooner we receive the requested infonnation, the sooner we can process it.

Additionally, to assist you with preparing contracts and agreements for your subgrantees and subcontractors, I would like to provide you information relating to the timelines for project completion and corresponding funds draw down that the Department has set for the EECBG program. Including this information into the contracting and awards agreements that you are preparing will ensure timely deployment of Recovery Act funds.

A key measure of project perfonnance is the timely invoicing for project activities, and your corresponding drawing down of fitnds from the ASAP system. The Departmental target for the EECBG program is for projects to drawn down funds by, or ahead of, the following milestones:

• 20% of your funds drawn down by September 30,2010 • 50% of your thuds drawn down by June 30,2011 • 90% of your funds drawn down by June 30,2012

In the coming weeks your Project Officer will be contacting you regarding project platming for each of your EECBG activities. This will be a one-time planning exercise to develop your schedule for drawing down funds as projects are implemented and invoices are received. This information will be entered into the PAGE system, and I hope this exercise can be used as an opportunity to develop plans that meet or exceed the milestones listed above.

In the inunediate-terrn, it is critical that any completed project work is invoiced as soon as possible. We have seen some great examples recently of grantees that have fumed around invoices quickly and we would like to encourage this as a way to help meet the goals of the Recovery Act.

Thank you in advance for your continued efforts, cooperation· and partnership. By achieving and exceeding these deadlines, we will be able to effectively demonstrate the progress in spending Recovery Act funding and the value of the EECBG program in achieving our national energy and economic recovery goals.

We look forward to receiving the requested information by the due dates set forth in the Appendix, and to celebrate with you the success of the projects you are implementing,

Finally, please share the good news about your projects with DOE and beyond by submitting your success stories to the Energy Empowers Web site at www l.eere.energy. gov/pnp/stories/stori es .aspx.

cc: The Honorable Lee Leffingwell Mayor of Austin [email protected]

Sincerely,

Claire Broido Johnson Acting Program Manager Weatherization and Intergoverrunental Programs Energy Efficiency and Renewable Energy

City of Austin, Texas

Apuendlx: Information Requested for EACH EECBG Activity: Please provide the requested infonnation to: the EECBG Project Officer, Todd Allen at [email protected], AND Claire Johnson, Acting Program Manager of the Weatherization and Intergovernmental Program at [email protected].

DUE MAY 14: fiubgrantee or Subcontractor Information: to assist the Department in quicklyreviewing the subgrantees or subcontractors for key activities, please provide the following information by May 14:

• Activit)• #2 Exterior Llgltling Retrofit ai1d Demonstration Project In City of Austill Facilities: I. An updated timeline of when you expect your RFPs or other procurement

actions will be complete for all activities.

2. Please provide your Project Office with the Name of the sub grantee, DUNS number and the Amount of the ftmding allocated to the sub grantee.

• Activity #3 Hon1sy Bend Biogas Gree11 Power Project: I. An updated timeline of when you expect your RFPs or other procurement

actions will be complete for all activities,

2. Please provide your Project Office with the Name of the sub grantee, DUNS number and the Amount of the funding allocated to the sub grantee.

• Activity #4 High Efficiency ll;terlor Lighting Controls Relrojlls In City of Austill Facilities 1. An updated timeline of when you expect your RFPs or other procurement


2. Please provide your Project Office with the Name of the sub grantee, DUNS number and the Amount of the ftn~ding allocated to the sub grantee.

• Activity #6 Weather/Gal/on and Duel Sealing in City of Austin Facilities 1. An updated time line of when you expect your RFPs or other procurement


2. Please provide your Project Office with the Name of the sub grantee, DUNS number and the Amount of the funding allocated to the sub grantee,

DUE JUNE 25: Sub grantee or Subcontractor contracting confirmation: to assist the Depattment in allocating the appropriate resources to assist you and your award recipients, please provide the following infonnation by June 25:

• Activity #2 Exterior Lighting Retrofit and Demonstratio11 Project in City of Austin Facilities: Please confirm that contracts or other fmancial obligation

. '

agreements are in place as soon as possible, or by June 25, for your activity, and notify your Project Officer when the contracts are obligated/awarded.

o Activity #3 Hornsy Bend Biogas Green Power Project: Please confirm that contracts or other financial obligation agreements are in place as soon as possible, or by June 25, for your activity, and notify your Project Officer when the contracts are obligated/awarded.

---- -·-- . .... ,-----ActMty-#4-Higlz-Effieleney-lnter/orLighting-c-oJtlro/s Retrofits ill City of Austin Facilities: Please confmn that contracts or other financial obligation agreements are in place as soon as possible, or by June 25, for your activity, and notify your Project Officer when the contracts are obligated/awarded. ·

o Activity #6 Weatherization andDuct Sealing iu City of Austin Facilities: Please confim1 that contracts or other financial obligation agreements are in place as soon as possible, or by June 25, for your activity, and notify your Project Officer when the contracts are obligated/awarded. ·

Additionally, as projects begin, please submit 'success story' information about those projects through the Energy Empowers Website at: bttps :/ /www l.eere. energy. gov/pnp/stories/stories.aspx

April?, 2010

Department of Energy Washington, DC 20585

Dear Energy Efficiency Conservation Block Grant Grantee:

The Department of Energy (DOE) continues to process the more than 2,350 Energy Efficiency and Conservation Block Grant (EECBG) applications as quickly, as possible and ha.~ made several changes and clarifications to the procurement process that will enable the projects to proceed more quickly. You should have received a letter from James Damm, Contracting Officer at our Golden Field Office, noting these changes. This letteneiterates the changes and explains how the improvements to the procurement process should help expedite awards.

1. Sub-grants and Sub-contracting- All sub-grantees or sub-contractors receiving LESS than $10 · Million from a grantee are no longer required to have a technical review conducted by the Office of Acquisition and Financial Assistance (OAFA), our procurement division. Instead, you and your sub-grantees and sub-contractors receiving less than $10 Million may use your money NOW without any further technlcal review. Money can be given to a sub-grantee or sub-contractor · before we receive information on that entity (DUNS number, name, amount contracted, activity) However, the DOE will need the name and DUNS number of your sub-grantee or sub-contractor by June 25, 2010. To be clem·, allhough you may spend your money before June 251

\, we will need the name and DUNS number of sub-grantees and sub-contractors by this deadline so we can:

a. Monitor and report b. · Track actual against original budget c. Document official award records

Notes: L Subcontractors must be reported in fcderalreporting.gov; ii. The Project Officer (PO) must verity subcontractor data; iii, When the PO receives a list of subcontractors and DUNS numbers, the PO will send a "concurrence email" to you acknowledging receipt (OAF A used to be responsible for processing this acknowledgement). ·

2. Historic Preservation- This is NOT a· condition requiring prior DOE approval. You CAN spend money according to DOE if you follow the process outlined below: ·

a. Grantees can begin individual consultation with their State Historic Preservation Office (SHPO) inunediately to get approval from SHPO for work.

b. Grantees should try to get their SHPO to sign the Programmatic Agreement (~greem~nt between SHPO and DOE); this gives a blanket approval and will exempt many activities from consultation with the SHPO for work on historic buildil1gs. All SHPOs are aware of this agreement, but only 3 have signed thus far.

c. Grantees should contact their SHPO -see http://www.ncshpo.org/fincVindex.htm d. If a Grantee concludes its activities would have no adverse effect and submits

documentation to SHPO and SHPO does NOT respond within 30 days, then that constitutes approval and the Grantee may spend money after 30 days have passed. If a Grantee receives a letter from SHPO within 30 days, then Grantee may not be able to start work per SHPO's detennination.

e. Grantees or subgrantees must retain documentation of SHPO approval. · f. Email DOE at [email protected] for assistance.

3. Waste Stream is NOT a condition a. Grantees must HAVE a waste stream plan and maintain it; there is no particular

fmmat for this plan. a. DOE review is NOT required prior to the grantee starting work. b. Existence of the plan is confirmed during DOE Project Officers' on-site monitoring.

4. Budget Changes -As long as there is no change in activities and no change in scope, then Contracting Officer approval is NOT required for ANY trausfer of approved budget among direct cost categories and/or across activities ..

a. If a Grantee zeros 6ut an activity, that is considered a scope .change.

5. Deadlines- You may be receiving a letter lfom your Project Officer with infom1ation about deadlines for submitting NEPA infomtation and the existing sub-grantee/sub-contractor information as well as a description oftb.e infom1ation missing from your application. The deadlines include:

a. NEPA information by April 9 for states, and the follo1ving week for large cities and counties.

b. Sub-grantee or Sub-contractor Infonnation by May 14. c. Sub-grantee or Sub-contractor contracting documentation (proof that money has been

contracted and obligated by Grantee to subgrantee or subcontractor by June 25).

The purpose of this letter is to ensure that together we meet the goals of the Recovery Act. .One crucial way to eusure tWs happens is to issue any planned Requests for Proposals (RFPs) as soon as possible; if you are considering submitting an RFP late this year, PLEASE cousider completing this RFP earlier. The quicker we get money out on the streets, the more jobs we can create. If you have questions, please contact your Project Officer to learn how we can collectively expedite your costing.

If you do NOT receive such a letter from your Project Officer but would like clarification on what infonnntion may be lacking from your Project Officer, please be sure to contact your Project Officer directly. Thank you for your important work on the EECBG program.

Claire Broido Johnson Acting Program Manager Weatherization and Intergovernmental Program Energy Efficiency and Renewable Energy

To: Veronica Briseno Lara, Director Department of Small and Minority Business Resources (DSMBR)

From: Fred Yebra, Director, Energy Efficiency Services Scott Jarman, Consulting Engineer, Energy EffiCiency Services

Date: April 6, 2010

Subject: MBEIWBE goals for ARRA Funded Energy Efficient Lighting Retrofits

The purpose of this memorandum Is to reaffirm the results of a reexamination of the nogoals status an existing Energy Efficient Lighting Retrofit contract with Facility Solutions Group. The City of Austin was awarded a combined $1,957,500 for Energy Efficient Lighting retrofits under the ARRA stimulus through the non-competitive Energy Efficiency Block Grant (EECBG) program. The EECBG grants are allocated and administered by the US Department of Energy and the amounts are derived based on a population formula. The total award of the EECBG to the City of Austin Is $7,492,700 of which $1,957,500 Is allocated for lighting retrofits. The $1,957,500 inciudes funding for 2 Full time COAJAE employees to manage and self perform some of the lighting retrofit work with the balance of the supplies and materials as well as some labor being contracted out to a lighting retrofit company. When the application for the funds was submitted and reviewed by Austin Energy It was anticipated an existing service agreement with F acillty Solutions Group would be used for both supplying most of the materials as well as the turn-key retrofits. This was to meet the Department of Energy's request to have projects that could be implemented In a short amount of time. The current contract with FSG was competitively solicited In 2008 and was awarded in January of 2009. Attached Is the original no-goals approval letter that was approved In July of 2008. In addition, as part of the required submission at the time of l?ld, FSG executed a No-Goals Utilization Plan on September 1 ]lh of 2008 (attached). Since the contract was awarded the first renewal was executed In January of 2010 brinlng the total authorized amount to $3,041,036, while some of the authorization has been used to retrofit facililies such at the Austin Convention Ce(lter there Is ample authorization to Implement the projects under the EECBG. Since the award with EECBG In December of 2009, the No-~oals recommendation has been re-examined by Jan Lawson, Director,

Memo to Veronica Briseno Lara, Director April 6, 2010 Page2 of2

Business Development & Contract Compliance at Austin Energy as well as DSMBR and the same determination has been made. Assuming the contract was re-bid today, nogoals would be assigned because of the lack of availability of subcontractors for these commodity codes. DSMBR recommends the Energy Efficiency Lighting retrofit portion of the EECBG be Implemented as planned using a combination of grant funded COA/AE employees and utilizing the current contract with FSG. Austin Energy Is

------workh1g elosely-wlth-i:Jan-l::awsot• attd DSMBR attd lt.as idetttified otltel subcoti!t actiltg opportunities with-in the EECBG where goals will be set. AE and DSMBR are currently setting goals for other portions·ofthe EECBG and will make every effort to maximize MIWBE outreach and utilization to meel/exceed these goals.

Concur:CX'OOA . Veronica Briseno Lara, Director

Cc: · Karl R. Rabago, Vice President, Distributed Energy Services Jan Lawson, Director, Business Development & Contract Compliance Amelie Gonzales-Fiores, Compliance Division Manager

Attachments: Original No-Goals Approval Letter . No-Goals Utilization Plan on September 17'h of 2008 FSG Amendment 1

I() ,,

. ""'~~ot, ,. _/ Amendment No .• « S

lo lnl.erlocal Agreement No, 6050010

for Energy Services

be~veen rexas Engineering Experiment Station

and Uta GllyoiAustln

1.0 'fho City hereby extends the above ralorenced conlfncl lor an additional Ova yearterm ns per tho approval from tho Austin City Council ol flll Eve/green Agreement on 0/30/0~. Eflecllve October 10, 2000, tho term for the extension option 1'flll be October 18, 2000 lo October 17,2014.

2.0 lhe total Contract atllOunt 1'flil balncronsodby $?.00,000.00 aiirttially (or the oxloitaloil period for a total mldllloni11 ai.tounl of $1,000,000, Tho total Oonlroct atithorl~allon Is Iocsppod below;

a.o .MBE/WBE goals <lo .ilOt apply to IItle conllaol.

4.0 By elgnlng this Amendment tho Gonlrnclor cortiOos lhallha Gontraotor un<l Us llrlnclpols are not currently !iuspendod or debarred from <loln!l business wllh tho l'oderal Government, as Indicated by the General Setvlces Administration (OSA) List or rattles excluded from Federal Procurement and Non·Procuremont Piograms, the Stale or 'fexas, or the Glly or Austin.

6.0 All othGr terms and c<lt\dllloll$ remain (he same.

BY 'rliE siONATURES amxod below, this Amendment Is hereby fncorpornled Into and made a part of Ill& ahOV(lrefe(enced conlracl.~j l\.~. 'A.

Slgnatur&: ~~ ..§.!Rned: 4]{/M!It, vn ~ Printed Name;--Marldulllrows Sl.taYm M. Hams, Supe,Y sing Senior lluyo.r 1 , , , "'-· City of Austin

T~I:$'Conlmotlno Omwr Purchasing ornco Texas E'nAirteerlng l:xper/menl Stallon 1470 tHlliam }}, Fitch Pork1~ny College Station, TX• 7-701!5"46/15

~/~ Dale

i\mendmenl4. soii>O!O

Date

~-

Amendment No. 4 to


lnlerlocal WrrX A & M Tees between

Texas Engineering Experiment Station and the

City of Austin

1.0 The City hereby exercises the extension option for the above referenced contract. Effective October 18, 2007, the term for the extension option will be October 18, 20071o October 17,2008 and there is one remaining option.

2.0 The total Contract amount Is Increased by $200,000.00 for the extension option period. The total Contract authorization Is recapped below:

Contract Amount for Total Contract Amount Term the term Basic Term: 10/18/04-10/17/05 $200 000.00 $200 000.00 Amendment No. 1 : Option 1 $200,000.00 $400,000.00 10/18/05-10/17/06 Amendment No. 2: Option 2 $200,000.00 $600,000.00 10/18/06-10/17/07 Amendment No. 3 : Option 3 $200,000.00 $800,000.00 10/18/07-10/17/08 Amendment No;:~·: ''~ptlon 4 10/18/08- 10111?/20 . $200,000.00 $1 000,000.00


4.0 By signing this Amendment the Contractor certifies lhallhe Contractor and its principals are not currently suspended or debarred from doing business with the Federal Government, as indicated by the General Services Administration (GSA) List of Parties Excluded from Federal Procurement and Non-Procurement Programs, the Slate of Texas, or the City of Austin.


BY THE SIGNATURES affixed below, this Amendment is hereby Incorporated Into and made a part of the abovereferenced contract.

Signature: Printed Name: __ -;-;;--------Aulhorized Representative

Texas Engineering Experiment Station 3124 TAMU College Station, TX 77843-0001

Dale

S050018- Amendment No. 4 (Texas A&M)

Dale

Amendment No. 3 to


lnlerlocal W/TX A & M Tees between

Texas Engineering Experiment Station and the

City of Austin

1.0 The City hereby exercises the extension option for the above referenced contract. Effective October 18, 2007, the term for the extension option will be October 18, 2007 to October 17, 2008 and there Is one remaining option.

2.0 The total Contract amount Is Increased by $200,000.00 for the extension option period. The total Contract authorization Is recapped below:

Contract Amount for Total Contract Amount Term the term Basic Term: 10/18/04 -10/17/05 $200,000.00 $200 000.00 Amendment No. 1 : Option 1 $200,000.00 $400,000.00 10/18/05-10/17/06 Amendment No. 2 : Option 2 $200,000.00 $600,000.00 10/18/06- 10/17/07 Amendment No. 3 : Option 3 $200,000.00 $800,000.00 10/18/07-10/17/08


4.0 By signing this Amendment the Contractor certifies lhallhe Contractor and Its principals are not currently suspended or debarred from doing business with the Federal Government, as Indicated by the General Services Administration (GSA) list of Parties Excluded from Federal Procurement and Non-Procurement Programs, the Stale of Texas, or the City of Austin.


BY THE SIGNATURES afllxed below, lh Amendment Is hereby incorporated Into and made a part of the abovereferenced contract.

Texas Engineering Experiment Station 3124 TAMU College Station, TX 77843·0001

{2---11- () 7 Date

S050018 ·Amendment No 3 (Texas AM)

Date

Oct 06 06 08:03a CITY Of AUSTIN

1' -·s Sponsored Research (9' l 862-1698

Fax Jerve:r l -1/2006 1:25 PAGE 002/002

Amcndnent No. 2 to

Ccntrocl No. S05001S lcr

lntcrlocal WIT X A &M Tens betvmen

Texas Engirmoring Experiment St.. ... tiext and lhe

Cit~' of Aus~n

1.0 Tho City horoby exercises the extensioo optico for the abcve refcrencod contract. Effec~vc Octobor 1 S, 2006, tho term fcr the cxleMico cptlcn 11111 oo Octo.OOr 18, 2006 to Octol>er 17, 2007 an~ there are ~voremaining cp~M:'i.

2.0 The !olaf Ccnlracl amwnt is increased by $200,000.00 for the exlen>ioo cpncnperiocl. The lola I Crnlract ()U!horlzatic.n is rec<tpped below:

Ccntl"llct Amot~At fC< rlok'l Conlract Amo<nt I Teml Basic Term: 10/18104-10117/05 Amcn<hwnt No. 1 : Option 1 10118/05- 10/17/06

j Amend'nP.nt No. 2 . Op6oo 2 10118106- 10117/07

thP: tf!rm

'

3.0 MBE/WBE gools do not apply to this contract.

.. i S200,000.00 $200,000.00 1 S200,000.00 $400.000.00 '

S200,000,00 $600,000.00 I

4.0 By si91ing this Amandment the Conlmr.lcr cortiires th:llthe Contr~ctor JruJ ils principals MA no! currently suspended Cf deb.-med frcm dcing bu!'>iness \\Hh the f!ederal GOJetntmml, JS indcatad by lhP. General SeiVJces Adninislratico (GSA) List of Pnrlie:i Exck,<!cd froo1 Fr..deral Procurement and NCO·Procuroment Program~. the Siato or Toxos, or the Cily or Auson.

5.0 AU c!htu tenns and cmdtkns rernain thr: sJme.

on! No.2 is hereby incorporotcd into(1ndmade ~ rnnt of the above·

Tcx<Js Eng!nooring ~xporimcnt Slaticn 3124 TAMU Cdlege Slolko, TX 77843·0001

Oa!P.

S05001S amd 1

Date

City of AusUn, Re\'1'cwcd und ApprCNcd Printed Nrtmc: UrchD DunbM · Crespo

, ,lul '"· Q, ___ l "'-<.-,cv Signature and O.:~te

p.2

Oct II 05 01: 15p rr -s Sponsored Research COA-PURCI!ASINO OI'FIC , 11/05 12:40 PAGE 2/2

AmonclmontNo. 1 to

Contract No. $050018 rot

lnte•focal W/IX A &M Tees between

Texas A & M Unlve•slly-Texas Englneo1ing Expelimenl Slatlcn

ancllhe City of A\'stin

(9" 862-1698

Right. .. x

1.0 The City herabyoxerdses lhc exlensico option fc< lhe all<lte referenced con~ocl. Effec~ve October 18, 2005, !he lenn fe< !he ox tension <>,>~on vAll be October 18, 2005 lo October 17, 2006 and thoro are three remaining <>,>!ens.

2.0 The lol.ll Contract am CUll! Is increased by $200,000.00 fo< lhe exlensioo cpticn period Tho tol.ll Ccnlrac! au!hOOz1,6oo is reeiJPt:.Cd OOIOV(,

3.0 MBEtWBt gools do not apply lo !his conltacl.

4.0 All dhet lerrns and coodficos mmain the sam a.

'foxas A & M University- Texas Engineering Experiment Station RM 334 W E R C Bldg. Alln: Cashi College Station, TX. 77843-3124

lol,l\ •l· Oatc

SQSOOIS

Dale

p.2

October 20, 2004

Mr. Russell Brewer, Director Office of Sponsored Research TEES 3000TAMU College Station, Texas 77843-3000

Re: Interlocal Agreement #SOSOO 18

Dear Mr. Brewer:

The execution of a contract with your company for the above-referenced solicitation is as follows:

Date of Award: Contract No.: Dollar Value: Contract Term: Services:

October 18, 2004 S050018 Not-to-exceed $200,000.00 October 18, 2004 tluough October 17, 2005 Interlocal Agreement for Energy Services

Attached is a copy of the fully executed agreement referenced above, Thank you for your assistance throughout this process.

If you have any questions regarding this contract, please contact the Contract Manager, Scott Jam1an at 512-974-3507.

Sincerely,

9t:::rt~e;J Buyer Purchasing Office

Enclosure

cc: Scott Jannan, Austin Energy

Price Agreement No.: 8050018 Date Issued: October 13, 2004

Page2

INSTRUCTIONS AND SUPPLEMENTAL PROVISIONS I CLAUSES FOR PRICE AGREEMENT NOTICES

t.O RELEASE OR ORDERING METHOD:

2.0

User department shall use the Purchase Release (PG) (form PIN9059) in releasing against aud payment for goods or services covered by thls Agreement. Refer to LGFS Procedures Manual, AP-05 for details. Wl1eu giving a "verbal" release, provide the Supplier the Purchase Release (PG) number and assigned Price Agreement number and request that such nmubers be included on.his invoice .. Also, require supplier to indicate name of user department on all supplier documents.

INVOICING AND PAYMENT: •. Purchase Releases. The Supplier shall fumish the user Deparhnent a copy of invoice. The Purchase Release (PG) shall then be processed in accordance with AP·07, Processing Payments forwarded to Accounts Payable within two (2) working days afier user receipt of invoice.

3.0 TIMELY DELIVERY:

Orders for delivery shall be placed with the supplier by the user deparhnent or Purchasing Office. Supplier shall make delivery of the units or services requested in the time specified in the terms of the contract. If the order for delivery is not mel, the user department is to contact the applicable buyer by memorandum for disposition, citing details and fonvard a copy of the Purchase Release transmi«ed to the Supplier.

4.0 UNSATISFACTORY PERFORMANCE:

Deparhueuts incurring consistent unsatisf.1ctory performance under an Agreement shall notify the appropriate Buyer in writing, outlining all the facts in such cases. Only by such notice can the Buyer remedy unsatisf.1ctory perfonnance.

5.0 MATERIAL DISCREPANCY RESOLUTION AND REPORTING:

The user department by this Notice is hereby delegated responsibility and authority to administer the resolution of significant material discrepancies as may be encountered. Reference Procedure P-8.3, Receiving and Inspecting Materials. Two copies of completed fom1 PSD 5186, Material Discrepancy Report are to be forwarded to the affected Bnye1·.

6.0 CHANGES TO AGREEMENT:

Any and all changes to tWs Agreement are subject to review and advance approval of the Purchash1g Office prior to any commitments hJCiuding, but not necessarily limited to the addition of associated equipment, scope of work, bJCreased services, upgrading, exercising of extensions or price changes. The user department shall institute no changes withoutlhe prior wri«en approval of the Purchasing Office.

7.0 CONTRACT ADMINISTRATION:

Administration of tWs contract for the City shall be the responsibility of the Contract Administrator; Purchasing's involvement wilh the source shall occur only on a exception basis as may become necessary.

The Requisitiouer shall be the Contract Administrator u1tless Purchasing is notified otherwise by the user department.

Price Agreement No.: 8050018 Date Issued: October 13. 2004

Page 3

{If applicable, the Contract Administrator shall establish milestones enabling him to determine if the source is working on schedule.)

All conununications between the Contract Administrator and the source shall be in writing with a copy sent to the Purchasing Office.

Ifsubstaudard performance should occur (or milestones are uot met) the source shall be advised in writing to correct the problem; a copy of this c01mnunication shall be sent to the Purchasing Oflice.

Should substandard performance not be corrected within a reasonable amotmt oftime after the source has been made aware of the problem, the Contract Administrator shall withhold payment and advise the Purchasing Office of the situation.

INTERLOCAL AGREEMENT FOR ENERGY SERVICES

BETWEEN AUSTIN ENERGY

AND THE TEXAS ENGINEERING EXPERIMENT STATION

This lnterlocal Agreement (the "Agreement") is made by and between the City of Austin ("City"), a home rule municipality and political subdivision of the State of Texas, acting by and through its municipally owned electric utility, Austin Energy ("AE"), and the Texas Engineering Experiment Station, an agency of the State of Texas and member of the Texas A&M University System ("TEES").

RECITALS

Whereas, City owns and operates AE, a municipal electric utility engaged in the generation, transmission, distribution and sale of electric energy; and

Whereas, AE is experienced in energy management services related to the analysis and implementation of energy conservation and load management measures ("Measures");

Whereas, TEES is experienced in providing engineering expetiise and technical services related to the energy management services provided by AE; and

Whereas, TEES utilizes staff, researchers and students to develop and transfer its expertise to public and private sectors through technical services; and

Whereas, AE desires to enter into an lnterlocal Agreement with TEES for TEES to provide such engineering expertise and technical services, including but not limited to project commissioning services; and

Whereas, the pmiies intend to confom1 this Agreement in all respects to the Interlocal Cooperation Act, Texas Government Code Section 791.00 I, et. seq;

NOW, THEREFORE, in consideration of the 111\thml covenants and promises hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, TEES and AE agree as follows:

CONFIDENTIAL Page I of8 FINAL

I, SCOPE OF SERVICES

I. I AE desires to have various energy management related engineering services performed by TEES and TEES agrees to perform such services as agreed by the patiies subject to the terms and conditions hereof.

I .2 Services to be provided hereunder may include, but not to be limited to, the following:

a. Assist AE (or AE's customer) with identifying and or analyzing potential Measures which may reduce Customer's energy costs;

b. Provide expertise in assisting AE with the commissioning of various energy conservation measures or projects.

c. Perform other energy management related engineering services, technical assistance, and training as requested by AE and agreed by TEES.

1.3 Performance of services under this Agreement shall be initiated by a written work order (Exhibit A) signed by both AE and TEES's designated representatives. The work order shall identify the subject Facilities, the Services to be performed, the payment tenns , and other terms and conditions mutually acceptable to the parties.

I .4 Nothing in this Agreement shall require AE to issue work orders for services fi·om TEES, or require TEES to accept any work order submitted by AE, but this Agreement shall govern the tenns and conditions under which AE provides Services to Customer, unless modified for specific work orders.

2. CUSTOl\'lER OBLIGATIONS

2. I AE will identify the Measures or Projects to be considered by TEES for its energy management related engineering services.

2.2 Upon mutual agreement of the parties, AE will issue work orders to TEES to initiate Services to be performed by TEES under this Agreement. Work orders will be executed by both parties.

2.3 AE shall furnish, or arrange to be fumished to TEES, available infonnation petiinent to individual work order scope of services. AE understands that TEES will rely on the information provided in perfonning its services.

2.4 AE will provide access to its Facilities to TEES, during hours mutually agreed by AE and TEES following prior notification to AE, for the purpose of implementing this Agreement, and all work orders entered into hereunder. AE Shall be responsible for arranging all third party access to facilities and notifying TEES of all liability issues associated with third party involvement.

CONFIDENTIAL Page 2 of8 FINAL

2.5 AE will pay, when due, all compensation due TEES in accordance with the terms of all agreed work orders.

2.6 AE shall comply with any obligations and responsibilities defined for specific Facilities as set fotih in applicable work orders.

3. INVOICINGANDPAYMENT

3. I TEES shall invoice AE monthly in accordance with the compensation terms agreed to by the parties in respective work orders entered into hereunder. TEES may issue separate invoices for each work order, or TEES may consolidate charges under various work orders in a single monthly invoice. Unless otherwise specified in an agreed work order, payments hereunder shall be due within thirty (30) days after receipt of invoice.

3.2 Payments from AE to TEES under this Agreement and all work orders entered into hereunder shall not exceed $200,000 for each twelve ( 12) month period that the Agreement remains effective.

3.3 AE will make payment to TEES from cutTcnt revenues pursuant to Government Code Section 791.0 II ( d)(3).

4. TERM 4. I This Agreement shall be effective as of the date of execution by all parties (the "Effective

Date") and shall remain in force for 5 years unless tenninated by either TEES or AE. Subject to the terms and conditions of any future work orders, either patiy may te1111inate this Agreement upon 60 days notice to the other party. Any work ordet's still in effect at the time of such termination shall survive and continue in full force and effect in accordance with their terms. Upon termination, TEES shall be reimbursed for all costs and non-cancelable conunitments made through the date of tennination.

4.2 TEES may tenninate this agreement prior to the 60 day notice requirement specified in Article 4. I if AE fails to pay TEES as required under the Work Orders.

5. LIMITATION OF LIABILITY

5.1 TEES MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR DOES TEES ASSUME ANY OBLIGATIONS WITH RESPECT TO INFRINGEMENT OF ANY PATENT RIGI-ITS OR OTHER RIGHTS RELATING TO THE INFO!Uv!A TION DELIVERED AND/OR THE ACTIVITIES UNDER THIS AGREEMENT.

6. NOTICE

6. I Notices to either party shall be in writing.

CONFIDENTIAL Poge3 of8 FINAL

The address for AE for all purposes shall be:

Austin Energy 206 E. 9111 Street, Suite 17 .I 02 Austin, Texas 7870 I Attn: Mr. Fred Yebra, Manager

The address of the TEES for all purposes shall be:

8. MISCELLANEOUS

Russell Brewer TEES Office of Sponsored Research 3000TAMU College Station, TX 77843-3000

8.1 Severability. If any section, subsection, sentence, clause or phrase of this Agreement is for any reason held to be unconstitutional, void, or invalid, the validity of the remaining portions of the Agreement shall not be affected thereby. It is the intent of the parties signing this Agreement that no potiiotl of it, or provision of regulation contained in it, shall become inoperative or fail by reason of the invalidity of any other subsection, sentence, clause, phrase, provision, or regulation of this Agreement. -.

8.2 Independent Contractor: For the purposes of this Agreement and all services to be provided hereunder, the parties shall be, and shall be deemed to be, independent contractors and not agents or employees of the other party. Neither patty shall have authority to make any statements, representations or commitments of any kind, or to take any action which shall be binding on the other party, except as may be explicitly provided for herein or authorized in writing.

8.3 Law and Venue. This Agreement, and all disputes arising hereunder, shall be governed by the laws of the State of Texas, without regard to conflicts of laws or principles. Without waiving any defense to or immunity from suit or liability, venue for a suit brought against TEES must be brought in Brazos County pursuant to Texas Education Code Section 85.18.

DISPUTE RESOLUTION. The dispute resolution process provided for in Chapter 2260 of the Texas Government Code shall be used, as further described herein, by TEES and AE to attempt to resolve any claim for breach of contract made by AE:

(A)AE's claim for breach of this contract that the parties cannot resolve in the ordinary course of business shall be submitted to the negotiation process provided in Chapter 2260, subchapter B, of the Texas Govemrnent Code. To initiate the process, AE shall


submit written notice, as required by subchapter B, to Carol J. Cantrell, Assistant Vice Chancellor. Said notice shall specifically state that the provisions of Chapter 2260, of subchapter B, are being invoked. A copy of the notice shall also be given to all other representatives of TEES and AE otherwise entitled to notice under the pa11ies' contract. Compliance by AE with subchapter B is a condition precedent to the filing of a contested case proceeding under Chapter 2260, subchapter C, of the Texas Government Code.

(B) The contested case process provided in Chapter 2260, subchapter C, of the Texas Government Code is AE's sole and exclusive process for seeking a remedy for any and all alleged breaches of contract by TEES if the parties are unable to resolve their disputes under subparagraph (A) of this paragraph.

(C) Compliance with the contested case process provided in subchapter C is a condition precedent to seeking consent to sue from the Legislature under Ch. I 07 of the Civil Practices and Remedies Code. Neither the execution of this contract by TEES nor any conduct of any representative of TEES hereafter shall be considered a waiver of sovereign immunity to suit.

The submission, processing, and resolution of AE's claim is governed by the published rules as adopted by TEES pursuant to Chapter 2260, as currently effective, hereafter enacted or subsequently amended.

Neither the occurrence of an event nor the pendency of a claim constitutes grounds for the suspension of performance by AE, in whole or in part.

The designated individual responsible on behalf of TEES for examining any claim or counterclaim and conducting any negotiations related thereto, as req11ired under §2260.052 of H.B. 826 of the 76'11 Texas Legislature shall be Carol J. Cantrell, Assistant Vice Chancellor.

8.4 Alteration, Amendment or Modification. This Agreement may not be altered, amended, or modified except in writing, signed by both parties.

8.5 Entire Agreement. This Agreement and its exhibits, and any work orders entered into under this Agreement constihlte the entire agreement between AE and TEES. No other agreement, statement or promise relating to the subject matter of this Agreement, which is not contained in this Agreement, is valid or binding.

8.6 As required by law, the party or parties paying for the perfonnance of govemmental functions or services shall make payments therefore from current ·revenues available to the paying party.

8.7 Force Majeure. If either party fails to fulfill its obligations hereunder (other than an obligation for the payment of money), when such failure is due to an act of God, or othe1· circumstance beyond its reasonable control, including but not limited to fire, flood, civil


commotion, riot, war (declared and undeclared), revolution, acts of foreign or domestic terrorism, or embargos, then said failure shall be excused for the duration of such even and for such a time thereafter as is reasonable to enable the pat1ies to resume performance under this Subcontract, provided however, that in no event shall such time extend for period or more than (30) days.

WHEREFORE, the parties acting through their duly authorized representatives have executed this Interlocal Agreement:

AUSTIN ENERGY

BY:~ DATE:.~/'-=0-fi/J,JLt-.~""-(J +-'f--Austin Energy Purchasing

TEXAS E~GINEERJ~G EXPERIMENT STATION

BY: \~ J ~n DATE:_-1--'1, o:_\1--', )'--1~-0-'-~---

CONFIDENTIAL

RUSSELL BREWER, Director Office of Sponsored Research

Page 6 of8 FINAL

V/3/t:.U{tVV'f V~.4b rf'lll 13113 Olft l.iO

AUTHOR1ZA TION TO Nl!GOTIA TE AND EXECUTE A CONTRACT BETWEEN AUSTIN ENllRGY

AND TEXAS ENGINEERlNG EXPEltlMENT STATION, TEXAS ENGINBBRlNG EXPERIMENT STATION

\ILl VYL./ VYL.

'!'he Board of R~gents of The Texas A&M Unlveraity System hereby grants .,uthorJty and approval to the Director of the Texas Engineering Experiment Statlon to negotl<lte and, upon review and approval for legal sufficiency by the OfHce of General Counsel, execute a five-year lnter!ocal agreement with Austin Energy to provide technical setvkes relating to !ncrea6ing energy effidency and conservai:lon and perfonnlng energy management-related engineering services, technical assistance and training at facilities designated by Austin Bnergy and agreed to by Texas Englne~ring Experlmcnt Station. The maximum contract amount ,qhalJ be $1 mlilion.

CERTIFICATE

I, VICKJB BURT SPILLERS, hereby cert;l!y. th~t the foregoing Js an exact and acCl.ltate copy of the Minute Order adopted by the ·Bolll'd of Regents of The Texi.s A&M University System allis regular meeting held In College Station, Texas, on Septemb~r 16-17, 2(104.

IN WITNE.SS WHEREOF, l have hereunto affl~ed my hand and ~eal of the said Institution on this 28th day of September 200~1.

. . "

/L~~1L,_ Vkkle Burt Spillers Executive Secretary to the Board of ~egents The Texas A&M Univergfty System

/~;.:.~·:~:~\ ~;,:. ~~e~,:,~ Co;~,.eyniversity System . ~ f '('~iJ~~; J ~iA~~\ System Building, Suite 2079 · 200 Technology Way ·College Station, Texas 7781t5·3424 ·t , .!~\ .. , §·'Phone (979) 458-6120 • Fax (979) 458-6150 • Campus f·lailstop 1230 • http://sago.tamu.edu/legal

* · .,,, .... · Aprill4, 2004 ....

John Gooding Austin Energy Company 721 Barton Springs Road Austin, TX 78704

RE: lnterlocal Agreement with the Texas Engineering Experiment Station

Dear Mr. Gooding:

Pursuant to our telephone conversation this morning, enclosed are copies of the policy and regulation detailing contract administration and delegations within The Texas A&M Uniyersity System. The Texas Engineering Experiment Station (TEES) is a component of The Texas A&M University System. Its contracting authority stems from the enclosed TAMUS Policy 25.07 and Regulation25.07.01.

Should you have any questions, feel free to contact me.

KRB:pjs Enclosures

cc: Carol Cantrell Russell Brewer

Sincerely, .

• ~~dtf'~--Ass ·slant General Counsel

U~fwrs!t!n

FrJiJi~ VIV• A~!-1 Unh·mity · T~rld<m St~te Un!vmity • T~<u A&H loltlfllti·lnll U~h·tu!ty • H~-l~ A&M Urlvmity. T~•JI A&M Uniwsity Jt Ciah·e>ton. Tt•U AaH Ur~l;e~sit:r·Co:rar.trce Te_ol ).g}l Uoh~rsit;··C~Jrp~> Unhti • J~,n M:~ Unhmit~·i::ingsvil!e- • I~• as AU! IJniy~rlitr-l~·Hhnl • Wm Te•o.s-ASH IJni'.·wit~

A~'"-'~~ Te•H A')riC<JitiJnll•r•rirner.t St.l\!on · T~ns (oopmti;~ hWts!on • Te•ll fn;;~!nwlr,g hi<~rirnrot St.ltior., Ta>.!l fii)IMUif19 f\t~ns!M Su;·!c~. le•n ro:Ht su~ice

lf•ll TrJnsportH!on lnstitote • Te..-as V<terilll'}' ~!edi!al OIJgr.!Htic lab1rJt<iry, Tens 1\i!d!\fe DlmJ~e ~blll~tment 5~r,i(e

.--;---·"~..; v1 \.....UtHracc AOmmJstratlon Page 1 of2

SYSTEM POLICY

25.07 Contract Administration

Approved Februmy 27, 1995 (MO 44-95), Revised October 13, 1995 (MO 335-95), Revised July 26, 1996 (MO 169-96), Revised March 23, 2000 (MO 66-00), Revised Jamtmy 25, 2001 (MO 24-01), Revised September 27, 2001 {MO 212-01)

The effective administration of contracts which in any way obligate performance by the System is an essential operational function. Contracts are agreements which create an obligation to do or not to do a particular thing. All contracts entered into by a component of the System, unless specifically excluded by this or another policy adopted by the Board of Regents, are subject to this policy, including all original contracts, amendments, alterations, modifications, corrections, changes and extensions.

1. It shall be the responsibility of the Chancellor, university and health science center (HSC) presidents and agency directors to develop and implement contract administration procedures for all contracts that include the following:

(I) written express delegations of authority specifying those officers who are authorized to execute contracts on behalf of the System, university, HSC, or agency and limiting contracting authority to those officers with written express delegations of authority;

(2) delegations of authority specifying the type o[ contract and dollar limitations applicable to each delegation; and

(3) a process for contract origination, recommendation and approval for each type of contract.

2. The above procedures and delegations shall be reported annually to the Chancellor and Board of Regents in the format prescribed by the Chancellor.

3. All contracts must be submitted to the Office of General Counsel for review as to form and legal sufficiency, except as noted below:

3.1 Office of General Counsel review is not necessaty for those contracts entered into pursuant to an unaltered contract form approved by the Office of General Counsel within the preceding three years.

3.2 The Chancellor may authorize CEOs or their designees to enter into contracts which involve a stated or implied consideration of no more than $50,000 without submitting those contracts to the Office of General Counsel, provided that the contract is reviewed by the System component in accordance with guidelines approved by the Chancellor on recommendation of the Office of General Counsel.

4. The following contracts must be submitted to the Board of Regents for approval:

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.5.07 Contract Administration Page 2 of2

(1) contracts graniing rights in real property owned by the System, other than (a) residential leases, (b) licenses which do not transfer any interest in the real property, and (c) those contracts authorized by System Policy 41.05, Real Property Management Policy.

(2) contracts which involve a stated or implied consideration of more than $300,000, or have a primary term longer than five (5) years; excluding (a) sponsored research contracts and grants, (b) contracts transferring rights in technology or products protectible by Patent or as a Plant Variety; (c) contracts which are processed through state contract, state catalogue, or the appropriate bid process in accordance with The Texas A&M University System requirements, and (d) contracts for athletic events and athletic contests.

(3) employment contracts that must be submitted to the Board of Regents include: (a) employment contract, including letters of agreement or letters of understanding, with administrators that are to be paid in whole or in part from appropriated funds (sec 25.07.0 I Section 3) and (b) employment contracts having a primary term longer than 5 years or contracts having a total salary consideration greater than $300,000.

(4) contracts with an entity in which a member of the Board of Regents holds stock and/or serves as a director; and

(5) any type of contract not addressed in approved contract administration procedures.

5. The delegation of authority on constmction contracts is addressed in System Policy 51.04.

6. Contracts and grants, including interagency and intrasystem contracts, to perform research, educational and service activities consistent with a component's mission, as well as contracts described in Paragraph 4 (2) (c) and (d) above, may be approved by CEOs or their designees. The Chancellor is authorized to approve all other contracts not reserved for approva I by the Board, and may delegate authority to deputy chancellors, vice chancellors, CEOs or others to execute all such other contracts not in excess of$200,000.

7. The authority to enter into contracts on behalf of the System or any of its components must be express written authority pursuant to the policies of the Board of Regents and approved contract administration procedures. Any contract entered into on behalf of the System or any of its components not in conformance with this policy shall be null and void.

8. Contracts reviewed and authorized prior to the adoption of this policy shall remain in 11111 force and effect; however, any modification or extension of such contracts shall be reviewed and authorized in accordance with this policy.

9. All policies in conflict with this policy are hereby superseded to the extent of such conflict.

CONTACT OFFICE: The System Office of Policy Implementation and Compliance

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-~ 2\07.0 I Contgract Administration Procedures and Delegations Page I of4

SYSTEM REGULATION

25.07.01 Contract Administration Procedures and Delegations

July 31, 1996, Revised August II, 1998, Revised September 20, 1999, Revised Februmy 7, 2001, Revised February 15, 2002, Revised August 7, 2002, Revised Jamtmy 16, 2004

Supplements System Policy 25.07

I. GENERAL

System Policy 25.07 specifies the types and values of contracts that must be approved by the Board of Regents (BOR), those which may be approved by the Chancellor or designee, and those which may be approved by component Chief Executive Officers (CEOs) or their designees. The policy requires that component contract administration procedures be updated annually and that the revised procedures and delegations be reported to the Chancellor and the BOR.

2. DELEGATIONS BY THE CHANCELLOR

2. I CEOs are hereby delegated the authority to approve contracts not in excess of $200,000 that are not otherwise reserved for approval by the BOR, as described in System Policy 25.07, Paragraph 6, and to subdelegate such m1thority at their discretion.

2.2 The Chief Financial Officer for the System is authorized to approve contracts to the extent such authority is delegated by the BOR to the Chancellor and not otherwise subdelegated.

3, EMPLOYMENT CONTRACTS

3, I Employment contracts, including letters of agreement or letters of understanding, with administrators that are to be paid in whole or in part from appropriated funds must be submitted to the Board of Regents for approval. This section applies only to a contract that is to be entered into with an administrator that contains terms which differ from the standard employment provisions found in the System Policy and Regulation Manual. This section does not abrogate the authority of the Chancellor or the CEOs to appoint component officials as set out in System Policy 01 .03.

3. I. I "Administrator" means a person who hils significant administrative duties relating lo the operation of the institution, including the operation of a department, college, program or other subdivision of the institution.

3.1.2 An employment contract under this section may not: (l) provide for employment for more than three years; (2) allow for severance or other payments on the termination of the contract to exceed an amount equal to the discounted net present cash value of the contract on termination at a market interest rate agreed upon in the contract; (3) allow for development leave that is

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/

/ :l),U/.Ul Contgract Administration Procedures and Delegations //

Page 2 of4

inconsistent with System Regulation 12.99.01; or (4) award tenure in any way that varies from the institution's general policy on the award of tenure.

4. CONTRACT ADMINISTRATION PROCEDURES

4. 1 Contract administration procedures will be prepared by each System component, in the format distributed by the System Office of Policy Implementation and Compliance, and will indicate for each type of contract which CEOs are authorized to approve (l) the type of contract, (2) typical routing for departmental review of documents, and (3) authorization to execute contracts of$0 to $200,000.

4.2 Component contract administration procedures will be updated allllually at the beginning of each fiscal year. Revised procedures will be submitted to the Office of Policy Implementation and Compliance who will review the procedures, resolve any discrepancies, and compile a report for submission to the Chancellor and the BOR.

4.3 Mid-year revisions to contract administration procedures, including the addition of contract types not addressed in procedures previously submitted, will be approved by the component CEO and reported to the Office of Policy Implementation and Compliance as they occur.

5. CONTRACT ADMINISTRATION GUIDE

The following is provided as a quick reference for processing various types of contracts, including those which require approval by the BOR, those which may be approved by the Chancellor, and those which may be approved by the CEO or designee:

5. I Contracts resetved for BOR . ..ll!2Jlroval (more tlmn 5 years and/or $300,000, cetiain real estate contracts, certain employment contracts or contracts with firms in which a Board member is director or owns stock, as described in 25.07, Paragraph 4)

(I) Components' contract administration procedures

(2) CEO recommends approval

(3) General Counsel reviews

( 4) Vice Chancellor reviews

(5) Chancellor recommends approval

(6) BOR approves

5.2 Cop tracts reserved for Chancellor's a1mrovill ($200,000 to $300,000)

(I) Components' contract administration procedures

(2) CEO recommends approval

(3) General Counsel reviews

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. /25.07.01 Contgract Administration Procedures and Delegations /

(4) Vice Chancellor recommends approval

(5) Chancellor approves

Page 3 of4

5.3 Contracts covered in components' contract administration {:!rocedures (including those at $200,000 or less as delegated by the Chancellor in Paragraph 2 above)

(I) Unaltered contracts approved by General Counsel in last three years (Yearly renewal/standardized contracts) ·

Approval in accordance with contract administration procedures

(2) Contracts greater than $50,000 not covered in 5.3(1)

(a) General Counsel reviews

(b) Approval in accordance with contract administration procedures

(3) Contracts $50,000 or less not covered in 5.3(1)

(a) General Counsel review or contract review short form

(b) Approval in accordance with contract administration procedures

( 4) Contract fmm provided by vendor

(a) Attach contract addendum form

(b) Approval in accordance with 5.3(1), 5.3(2), or 5.3(3)

5.4. Contr)!cts not cov~red in components' contract administration procedures

(I) Send to BOR as shown in System Policy 25.07, Paragraph 4(5), or

(2) Add contract type to component contract administration procedures under paragraph 4.3 above, and then approval in accordance with contract administration procedures

6. LEGISLATIVE BUDGET BOARD CONTRACT REPORTING REQUIREMENTS

6.1 All contracts, including an amendment, modification, renewal or extension, related to major information systems, construction projects, professional services or consulting services that equal or exceed $14,000 must be reported to the Legislative Budget Board (LBB) within 10 days of execution.

6.2 All other contracts, including an amendment, modification, renewal or extension, to be paid with state funds that equal or exceed $14,000 must be reported to the LBB within I 0 days of execution. These contracts should be categorized as "other" when reporting to the LBB.

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. :25:07.01 Contgract Administration Procedures and Delegations

************

CONTACT OFFICE: Office of Policy Implementation and Compliance

HISTORY: Last Version: August 7, 2002

C9J!lJ)one!)t Rules .RelatingJo This Docum\llil

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Page4 of4

4/14/2004

11/2/2004 Contract Execution10/11/2005 1 1 yr. extension option10/6/2006 2 1 yr. extension option12/19/2007 3 1 yr. extension option10/22/2008 4 (missing) 1 yr. extension option6/8/2010 5 5 yr. extension option @ $1,000,000.00 1

26/8/2010 6 Added ARRA requirements9/30/2010 7 Added $600K to contract

345

10/18/2014 Next 5 year option period (2014 - 2019)

10/13/2004 SFS2 original setup8/16/2005 Payments in AFS2101/18/05 1 option

Final AFS2 contract valueAmount brought over to AFS3AFS3 shortage

10/4/200610/10/2006 2 option12/20/2007 310/22/2008 4 option1/25/201010/1/2010 7 option + $600K

Total Funding

Original setup shortage

Total Contract Value (G16)Total Advantage Value (D28)

Summary Total value in system should be $2,176,707.94

Advantage Sum

Original Setu

Contract S050018

Date Amendment Action

Start End200,000.00$ 10/18/2004 10/17/2005 200,000.00$ 200,000.00$ 10/18/2005 10/17/2006 400,000.00$ 200,000.00$ 10/18/2006 10/17/2007 600,000.00$ 200,000.00$ 10/18/2007 10/17/2008 800,000.00$ 200,000.00$ 10/18/2008 10/17/2009 1,000,000.00$ 200,000.00$ 10/18/2009 10/17/2010 1,200,000.00$ 200,000.00$ 10/18/2010 10/17/2011 1,400,000.00$

-$ 1,400,000.00$ 600,000.00$ 2,000,000.00$ 200,000.00$ 10/18/2011 10/17/2012 2,200,000.00$ 200,000.00$ 10/18/2012 10/17/2013 2,400,000.00$ 200,000.00$ 10/18/2013 10/17/2014 2,600,000.00$

System Threshold200,000.00$ < 200,000.00$ (23,292.06)$ 176,707.94$ 200,000.00$ < 376,707.94$

376,707.94$ 313,925.00$ 62,782.94$

313,925.00$ $200,000.00 < 513,925.00$

(27,850.00)$ < 486,075.00$ 427,850.00$ < 913,925.00$ 200,000.00$ < 1,113,925.00$ 800,000.00$ < 1,913,925.00$

1,976,707.94$

#REF!

2,600,000.00$ 1,976,707.94$

23,292.06$ 2,000,000.00$

8 years @ $200K ea = $1,600,000.00Council Add 600,000.00$ AFS3 charges (23,292.06)$

mmary

p in AFS3

8 Summary

Funding Added Contract Period Actual Contract

Value

$2,176,707.94Actual system value 1,913,925.00$

$262,782.94

missing 200,000.00$ shortage from AFS2 62,782.94$

262,782.94$

Wol'k Order No. 2 Under

INTERLOCAL AGREEMENT FOR ENERGY SERVICES BETWEEN

AUSTIN ENERGY (AE) AND

TEXAS ENGINEERING EXPERIMENT STATION (TEES)

Scope of Services: See Appendix A for description of services,

Facilities: Austin-Bergstrom International Airport (ABIA) and Central Plant Austin, Texas

Fee: $20,000

Payment Terms:

AE agrees to reimburse TEES for actual incurred costs for an amount not to exceed $20,000. Payments shall be made to TEES by AE upon receipt of monthly invoices.

TEES may terminate this Work Order and agreement if circumstances beyond its control preclude continuation of the services. Upon termination, TEES shall be reimbursed for any costs and non-cancelable commitments incurred through the date of termination.

If AE fails to make payments as prescribed herein, and fails to cure such nonpayment within thirty (30) days of the date of TEES' Notice of Default, this Work Order shall automatically terminate and TEES shall have the option of immediately terminating the agreement as set forth in paragraph 4.1.

The Period of Performance for this work order is March I, 2005 through August 27, 2005. ( 180 days duration)

Agreed as stated above and in referenced attachments (if any):

BY: :;; __ J>[JA-6( DATE: --:--J--.-1-.(,f--~_.::0f--JC-o_,$,_,.-__ Austin~rgy

Fred Y eba; Manager, Commercial Energy Management Services '! I

Texas En neering ~periment Station

BY: q~ ~~~~~~~~~~~------

Russell Br wcr, TEES Contracting Officer

rcy<(

~ fu ' App{t:ed as to~

DATE:_jkJ~o_) __

APPENDIX A STATEMENT OF WORK

For Continuous Commissioning"'1 Assessment and Hot Water Study Of Austin-Bergstrom International Airport (ASIA), Austin, Texas

Background

This proposal is in response to an RFP for an engineering study of the heating hot water system at Austin's Bergstrom International Airport. In addition, the Energy Systems Laboratory of the Texas A&M University System, has an interlocal agreement with Austin Energy to provide Continuous Commissioning®! assessments of facilities served by the municipal utility. Since the Continuous Commissioning assessment would nonnally include the hot water system, the most expeditious approach would be to combine the CC®1 assessment with the hot water study. Obviously the hot water system would be explored in greater depth than would nonnally be done with the CC assessment.

There would be two major deliverables from this combined CC assessment and hot water study:

I. A report on the hot water system with specific recommendations on ways the airport can save energy on the hot water system. • CC involves the optimization of the HVAC and controls systems for both buildings

and utility plants. Paybacks usually range from I to 3 years. 2. A Continuous Commissioning assessment report on possible energy efficiency measures

that are identified, the potential savings from CC, and the cost to implement the CC measures. The assessment report wiil also identify maintenance and repair items.

Approach

Both the hot water study and the CC assessment will be conducted in parallel. The Energy Systems Laboratory will send two teams to the airport for the two studies. The hot water study will be led by Mr. Song Deng, P.E., and one or two staff engineers. Mr. Deng and his team are responsible for troubleshooting the chilled water, hot water, and domestic hot water loops on the Texas A&M University campus. They determine the control algorithms for heating hoi water supply temperature and the delta Pressure (liP) control settings. Their recommendations will be made in a separate report on the hot water system, and, if time and funding penni!, will work with the airport to implement the recommendations, once approved by facilities staff.

Mr. Deng will also lead his team in the CC assessment ofthe utilities plant, including the chilled water system, loops, pumping, and cooling towers.

The terminal commissioning assessment will be led by Mr. Guanghua Wei, P.E., heading ESL staff engineers. Mr. Wei led a similar team at D/FW Airport's Tenninal B, in the summer of 2004. The ESL team identified numerous opportunities for saving energy at Terminal B.

1 Continuous Commissioning and CC are registered trademarks oflhe Texas Engineering Experiment Station (TEES), I he Texas A&M Universily Syslem, College Station, Texas

Dr. W. Dan Turner, P.E., will serve as the overall Project Manager. When the hot water study and the CC assessment are completed, an oral presentation will be made to ABIA operations and facilities management staff.

Schedule

A master interlocal agreement exists between the Texas Engineering Experiment Station (TEES) and Austin Energy. This proposal would be a Task Order under this Master Agreement. The initial visit to ABIA would be scheduled within two weeks after the Task Order is signed. The two reports (Hot Water Study and CC Assessment) will be submitted for review within 45 days after the Task Order is signed.

Requirements for ABIA

The ESL engineers will spend two to three days on site for both the CC Assessment and the Hot Water Study. Since two teams of engineers will be on site, we will need escorts to gain entrance to the various areas (some secured) on the airport premises. The Hot Water Team will need access to the utility plant, EMCS control room, and the tenninal mechanical rooms. The tenninal team will largely need access to the airport mechanical rooms and the EMCS control room.

Prior to the visit it would be helpful to obtain the previous 12 months of electric bills and gas bills. Fifteen-minute electric data will be useful as well.

We also need copies of the mechanical controls sequence of operations, if available, on CD or in a log book. Copies of the mechanical and controls drawings need to be accessible on site as well as the mechanical systems for the utility plant.

Boiler logs, chiller run times, trend logs on the EMCS, and other similar information should be made accessible to the teams.

Budget

Both the CC Assessment and the Hot Water Study will be completed for $20,000. This budget includes all engineering, admin time, and travel expenses associated with each project.

Action Amount Total Contract

Documents

Transcript of Action Amount Total Contract