4A Public Hearing 2016 0516 - Laserfiche WebLink

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A specific Measurement and Verification Plan is submitted for each Facility Conservation Measure (FEM) to provide a comprehensive overall Plan for City of San Leandro. Energy savings are to be compared to the Utility Baseline Summary, as shown in Attachment B to this agreement. Each measure's M&V Plan provides: A description of how the savings shall be verified for each FEM. ➢ Selection of specific protocol for verification of savings of each FEM. ➢ Requirements for measurement or other means to establish the FEM savings. Climatec Building Technologies Group (Climatec LLC) is responsible for the pre -retrofit measurement, energy savings calculations, equipment installation, and required post retrofit verification as outlined herein. Purchaser agrees to operate and maintain all equipment installed. Proper operation and maintenance of equipment and systems is critical to long-term achievement of energy savings. SAVINGS GUARANTEE Climatec LLC warrants that Purchaser shall realize total energy and water savings, total operational savings and utility rebates ("Guaranteed Project Savings") in excess of the project cost as shown in the Installation Agreement during the course of the useful life of the installed equipment. The effective date will begin on the date of final acceptance of the Installation project and receipt of final payment for the associated Installation Contract and continue for a term not to exceed 15 years (Guarantee Period). Climatec LLC agrees to complete the M&V Report on an annual basis and deliver to the Purchaser within sixty (60) days of the anniversary date of final acceptance and annually thereafter. Project savings that are verified during the course of construction will be applied to the 1st year guaranteed project savings. If the annual M&V Report demonstrates that the project will achieve one hundred percent (100%) or more of the Guaranteed Project Annual Savings, then Climatec LLC shall have satisfied its energy performance guarantee obligation and the Purchaser shall accept the Annual M&V Report. In the event that an annual M&V Report savings value (including any excess savings from previous years) does not meet the Guaranteed Project Savings in accordance with the M&V Plan, then Climatec LLC shall repair, replace, or substitute the ECM that is not performing at the required level, as identified in the M&V Report. Following corrective action, Climatec LLC shall re -perform the relevant M&V work for the affected ECM(s) and amend or supplement the M&V Report. If the sum of the ECMs indicates that the Guaranteed Project Savings are met or exceeded, then no further remedy shall be required. If, after the opportunity to make corrections, the M&V Report, as amended, indicates that verified savings are less than the Guaranteed Project Savings as shown in the Savings Summary, then Climatec LLC shall pay the Purchaser the shortfall amount. However, under no circumstances will the amount(s) paid for the total of the energy savings shortfalls exceed the Installation Contract Amount. The Purchaser agrees that project savings, which exceed the guaranteed amount in any one (1) year, may be applied to previous or future year's savings to offset an energy savings shortfall. The savings guarantee will remain in effect for the term of this agreement. Cancellation of this agreement will result in the termination of the savings guarantee. The Utility Baseline Summary, as shown in Attachment B, may be modified over the course of the Guarantee Period to adjust for changes in utility rates, number of days in utility billing cycle, square footage, energy using equipment, building occupancy and weather. This Guarantee is subject to the Purchaser's adherence to the Standards of Operation for Lighting and HVAC systems, as documented in Attachment "C" of this agreement. Attachment A *CLIMATEC' Page 3 of 13 MFRGING BUIL-DINGO & TFC.HNQL_LK!v