2023-03-14-minutes-solid-waste-and-maintenance

Home Browse Search

ENERGY SERVICES PERFORMANCE-BASED CONTRACT McKinstry Essention, LLC Project No. 206119 Pursuant to RCW 39.35A et seq., this Energy Services Performance -Based Contract ("Contract") is made and entered into as of this day, , by and between McKinstry Essention, LLC, a Washington limited liability company ("McKinstry" or "ESCO") and Kittitas County ("Owner" or "Customer"). McKinstry enters into this Contract in reliance on Customer's representations concerning the appropriateness and validity of the procurement mechanism(s) under which this contract is procured. Customer acknowledges such reliance by McKinstry. RECITALS The Owner owns and operates facilities and wishes to acquire equipment and services to reduce energy costs and related expenses in the facilities. ESCO has experience and technical management capabilities to identify and evaluate energy cost saving opportunities, and provide for engineering, packaging, procurement, installation, maintenance, and measurement of cost-effective energy and water cost saving measures ("CSMs"), also known as Energy Conservation Measures ("ECMs"), and Facility Improvement Measures ("FIMs"). Following a competitive selection process, in accordance with the provisions of RCW 39.35A et seq., ESCO was selected to perform one or more investment grade audits, and pursuant to the Investment Grade Audit Proposal, dated August 1, 2022 has delivered, or shall deliver to the Owner an Energy Services Proposal ("ESP") for each phase of work, which includes an assessment of the energy consumption characteristics of the Owner's facilities, and the identification and evaluation of viable FIMs, as well as estimates of expected energy and operational savings and associated project costs for each recommended FIM, including all capital and infrastructure improvement projects to be included in that phase of work. Each ESP shall represent a separate phase of work. The Owner desires to contract with ESCO for the design, installation, maintenance, and measurement of the FIMs all as set forth herein pursuant to RCW 39.35A et seq. ESCO and the Owner acknowledge and agree that the purpose of this Contract is to achieve the FIMs contemplated by this Contract to the benefit the Owner, and all agree to cooperate to achieve the purpose of this the attached schedules, exhibits, and appendices consist of the planned measures to improve the energy efficiency of the Owner's facilities. Should the Owner desire to move forward with additional phases, the Owner and ESCO will execute contract amendments or modifications by adding additional schedules, exhibits or appendices, and the terms and conditions of this Contract will remain the same and also govern all additional phases. Each Phase of work may be separated into any number of Groups of Work for the purpose of efficiently scheduling the design and installation of the work. The aggregate sum of all Groups of Work within a Phase of work shall equal the total scope of work for that Phase. ESCO (McKinstry)/OWNER/PERFORMANCE CONTRACT