HomeMy WebLinkAboutAgreements/Contracts - Central Services (002)3
GRANT COUNTY
COMMISSIONERS AGENDA MEETING REQUEST FORM
(Must be submitted to the Clerk of the Board by 12:00pm on Thursday)
1
Grant County
Cental Services
P O Box 37
Ephrata WA 98823
(509) 754-2011 Ext -3276
To: Board of County Commissioners January 17, 2024
Re: Energy Consulting Agreement
For several years, we have collected energy data to understand better the use and cost of energy across
most buildings in Grant County maintained by Facilities and Maintenance. The amount of data is
extensive and takes enough time that one person cannot, through a collateral duty, do the work needed for
the data to provide the results and recommendations to achieve not only our desire to reduce energy use
but also to comply with the clean buildings act (CBA) as required by the state.
Many Counties are getting ready to fund massive projects to meet the compliance requirements of the
CBA. The topic has been covered during WSAC meetings and in regional work groups such as the one I
take part in with several counties representing both sides of the state, combining ideas to determine how
best to comply with the mandate.
The most significant difference I have seen is that many counties work with contractors driving massive,
expensive projects. Central Services is going a different route. I wanted to hire a full-time employee to
manage the data and help us comply with the CBA, but I couldn't justify an FTE for the totality of the
work. I performed an RFP to find consultants working with and understanding the requirements of the
CBA. I found a consultant that approaches the issue from an administrative standpoint, not a
constructability standpoint. In other words, we can likely comply with the act through administrative
rules, exceptions, and energy reduction principles without funding a large project. (that is the hope)
With the Board's permission, we will contract with Custom Energy Consultants for under $20,000 per
year, not including specialized audits we may ask them to do. But we will have our buildings comply with
the act, benchmarked in Energy Star and with the State, and be able to compare our buildings against all
other entities having to comply.
This is a much better expenditure of dollars than hiring an FTE, and Central Services would appreciate
the support of the Board.
Sincerely,
mem &aines
Tom Gaines
Director, Grant County, WA
Central Services Department
Tom Gaines
Director of Central Services
tgaines@grantcountywa.gov
"To meet current and future needs, serving together with public and private entities, while fostering a respectful and successful work environment."
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GRANT COUNTY WA
CONSULTING AGREEMENT — ENERGY MODELING, USE, AND BENCHMARKING
THIS CONSULTING AGREEMENT ("Agreement") is made as of February 1 It,
2024 (the "Effective Date") by
and between Grant County, duly organized and operating under and by virtue of the Constitution and the laws of the State
of Washington ("County") and H.E. Solutions, LLC, a Washington limited liability County d/b/a Custom Energy
Consultants ("Consultant"). The County and Consultant are each sometimes referred to as a "Y" and collectively as the
" ap rhes•"
1. Consulting Relationship. During the term of this Agreement, Consultant will provide, on a non-exclusive
basis, consulting services to the County as described on Exhibit A hereto (the "Services"). Consultant represents that
Consultant is duly licensed (as applicable) and has the qualifications, the experience and the ability to properly perform the
Services. Consultant agrees to provide such time and effort as is required to accomplish the Services, it being understood
by the parties that the work necessary to provide the Services may come in sporadic time frames, but that all services will
be performed in a timely manner as required by the County. The Consultant shall use the Consultant's best efforts to
perform the Services such that the results are satisfactory to the County.
2. Fes. As consideration for the Services to be provided by Consultant, the County shall pay to Consultant
an amount not to exceed the amounts listed in the cost table listed below during the term of this Agreement for Services
rendered and upon the County's receipt of Consultant's invoice. County will pay Consultant's invoice within 30 calendar
days of receipt. Labor will be billed at the rates listed below. Any Services requiring a fee more than the fee set forth herein
shall require additional written approval by the County. First year basic fee will not exceed $15,900 with a second year not
to exceed $15,600 for basic services not inclusive of additional tasks or change orders. Hourly rates and additional task fees
listed in this contract are valid for the calendar years 2024-2025. Any agreement made for 2026 or beyond will include
updated labor rates and additional task fees to reflect market changes.
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>$ 3 900
Additional Tasks
Fee -
Frequency
Site Visits (inclusive of travel time)
Mike 8 hours @ $200/hour = $1,600
As Directed
jayben 8 hours @ $95/hour = $760
Brett 8 hours @ $0/hour = $0
Energy Engineer/Project Developer @ $150/hour = $1,200
ASHRAE Level 1 Energy Audits
$4,500
As Directed
ASHRAE Level 2 Energy Audits
$25,000 - $32,000
As Directed
Project Development/ Design of Specific Projects
Cost TBD and Based on Scope
As Directed
Coordination With Utility for Incentives
Published hourly rates
As Directed
Grant Writer
$85.00 per hour
As Directed
OtherTasks
Published hourly rates
As Directed
3. Expenses. The consultant shall not be authorized to incur on behalf of the County any expenses and will
be responsible for all expenses incurred while performing the Services unless otherwise agreed to in advance by the County.
Asa condition to receipt of reimbursement, Consultant shall be required to submit to the County reasonable evidence that
the amount involved was both reasonable and necessary to the Services provided under this Agreement.
4. Term and Termination. Consultant shall serve as a consultant to the County for a period commencing on
the Effective Date and terminating twenty-four months from the Effective Date, unless otherwise extended by written
agreement between the Parties. Should either party default in the performance of this Agreement or materially breach any
of its obligations under this Agreement, the non -breaching party may terminate this Agreement immediately if the breaching
party fails to cure the breach within thirty (30) days after having received written notice by the non -breaching party of the
breach or default. The agreement may be extended on a year-to-year basis subject to successful negotiation of pricing by
both parties with a signed amendment to this contract stating the new effective dates.
5. No Agency Relationship. Neither the Contract, nor any agreement implied therefrom, constitute the
Contractor as an agent or legal representative of the County for any purpose whatsoever, and the relationship of the
Contractor to the County by reason of the Contract Document shall be that of an independent contractor. The Contractor is
not granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of or in
the name of the County or to bind. the County in any manner or thing whatsoever.
6. Insurance: The Contractor shall procure and maintain for the duration of this contract, insurance against
claims for injuries to persons or damage to property which may arise from or in connection with the performance of the
work hereunder by the Contractor, its agents, representatives, employees, or subcontractors.
The Contractor shall provide a Certification of Insurance evidencing:
a. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per
accident for bodily injury and property damage; and
b. Commercial General Liability insurance written on an occurrence basis with limits no less than
$1,000,000 combined single limit per occurrence and$2,000,000 aggregate for personal injury,
bodily injury, and property damage. Coverage shall include but not be limited to: blanket
contractual; products/completed operations; broad form property damage; explosion, collapse
and underground (XC'U) if applicable; and. employer's liability.
C. Worker's Compensation insurance at the limits established by the State of Washington.
Any payment of deductible or self-insured retention shall be the sole responsibility of the Contractor. The County
shall be named as an additional insured on the insurance policy, as respect to work performed by or on behalf of
the Contractor. A copy of the endorsement naming the County as additional insured shall be attached to the
Certificate of insurance. The Contractor's insurance shall be primary insurance with respect to the County and the
County shall be given thirty (30) days prior written notice of any cancellation, suspension or material change in
coverage.
7. Method of Provision of Services. Consultant shall be solely responsible for determining the method,
details and means of performing the Services. Consultant may, at Consultant's own expense, employ or engage the services
of such employees, subcontractors, partners, or agents, as Consultant deems necessary to perform the Services (collectively,
the "Assistants"). The Assistants are not and shall not be employees of the County, and the Consultant shall be wholly
responsible for the professional performance of the Services by the Assistants such that the results are satisfactory to the
County.
(a) No Authority to Bind County. Consultant acknowledges and agrees that Consultant and its
Assistants have no authority to enter into contracts that bind the County or create obligations on the part of the County
without the prior written authorization of the County.
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(b) No Benefits. Consultant acknowledges and agrees that Consultant and its Assistants shall not be
eligible for any County employee benefits and, to the extent Consultant otherwise would be eligible for any County
employee benefits but for the express terms of this Agreement, Consultant (on behalf of itself and its employees) hereby
expressly declines to participate in such County employee benefits.
(c) Successors and Assigns. The County and Contractor respectively bind themselves, their partners,
successors, assigns, and legal representatives to the other party hereto and to partners, successors, assigns and legal
representatives of such other party in respect to covenants, agreements, and obligations contained in the Contract. Neither
party shall assign the work without written consent of the other. If either party attempts to make such an assignment without
such consent, that party shall nevertheless remain legally responsible for all obligations set forth in the Contract.
S. Supervision of Consultant's Services. All the services to be performed by the Consultant, including but
not limited to the Services, will be as agreed between the Consultant and the County. Consultant will report to Tom Gaines,
the County's Central Services Director, concerning the Services performed under this Agreement.
9. Miscellaneous.
(a) Governing Law. The validity, interpretation, construction and performance of this Agreement,
and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto shall be governed, construed,
and interpreted in accordance with the laws of the state of Washington, without giving effect to principles of conflicts of
law.
(b) Entire Agreement. This Agreement, including all exhibits hereto, sets forth the entire agreement
and understanding of the parties relating to the subject matter herein and supersedes all prior or contemporaneous
discussions, understandings and agreements, whether oral or written, between them relating to the subject matter hereof.
(c) Indemnification. The County shall not be liable for the Consultant's failure to exercise reasonable
care in performing the Services, and Consultant shall not be liable for breach of the County of this Agreement, including
any County Obligations. Consultant shall indemnify, defend, and hold harmless the County and its members, managers,
directors, officers, and employees from and against all taxes, losses, damages, liabilities, costs, and expenses, including
attorneys' fees and other legal expenses (collectively, "Losses"), arising directly or indirectly from or in connection with (i)
any negligent, reckless, or intentionally wrongful act of Consultant or Consultant's assistants, employees, or agents; (ii) any
breach by Consultant or Consultant's assistants, employees, or agents of any of the covenants, warranties, or representations
contained in this Agreement; or (iii) any failure of Consultant to perform the Services in accordance with all applicable
laws, rules, and regulations. County shall indemnify, defend, and hold harmless Consultant and its members, managers,
directors, officers, and employees from and against all Losses arising directly or indirectly from or in connection with (i)
any negligent, reckless, or intentionally wrongful act of County or County's assistants, employees, or agents; or (ii) any
breach by County or County's assistants, employees, or agents of any of the covenants, warranties, or representations
contained in this Agreement, including County Obligations.
(d) Amendments and Waivers. No modification of or amendment to this Agreement, nor any waiver
of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. No delay
or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or
any other instance.
(e) Notices. Any notice, demand or request required or permitted to be given under this Agreement
shall be in writing and shall be deemed sufficient when delivered personally or by overnight courier or sent by email, or 48
hours after being deposited in the U.S. mail as certified or registered mail with postage prepaid, addressed to the party to be
notified at such party's address as set forth on the signature page, as subsequently modified by written notice, or if no
address is specified on the signature page, at the most recent address set forth in the County's books and records.
(f) Severability. If one or more provisions of this Agreement are held to be -unenforceable under
applicable law such provision shall be excluded from this Agreement, and balance of the Agreement shall be enforceable
in accordance with its terms.
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(g) Construction. This Agreement is the result of negotiations between and has been reviewed by
each of the parties hereto and their respective counsel, if any; accordingly, this Agreement shall be deemed to be the product
of all of the parties hereto, and no ambiguity shall be construed in favor of or against any one of the parties hereto.
(h) Counterparts. This Agreement may be executed in any number of counterparts, each of which
when so executed and delivered shall be deemed an original, and all of which together shall constitute one and the same
agreement. Execution of a facsimile copy will have the same force and effect as execution of an original, and a facsimile
signature will be deemed an original and valid signature.
(i) Electronic Delivery. The County may, in its sole discretion, decide to deliver any documents
related to this Agreement or any notices required by applicable law or the County's Certificate of Incorporation or Bylaws
by email or any other electronic means. Consultant hereby consents to (i) conduct business electronically (ii) receive such
documents and notices by such electronic delivery and (iii) sign documents electronically and agrees to participate through
an on-line or electronic system established and maintained by the County or a third party designated by the County.
----Signature Page Follows ---
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