Opening of Proposals - RFQ VPA Energy Savings Contract - Honeywell - Part 2

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• The installed equipment components or systems, each year of the performance period, meet the specifications of the contract in terns of quantity, quality and rating, and operation and functional performance. "Option C" is also for projects in which the potential to perform needs to be verified and actual performance during the term of the contract needs to be verified. Option C involves procedures for verifying the same items as Option A plus verifying achieved energy savings during the term of the contract using whole building utility meter analysis performance verification techniques. "Option D" is a verification technique where calibrated simulations of the baseline energy use and/or calibrated simulations of the post -installation energy consumption are used to measure Savings from the Energy Conservation Measures. Option D can involve measurements of energy use both before and after the Retrofit for specific equipment or energy end use as needed to calibrate the simulation program. Periodic inspections of the equipment may also be warranted. Energy consumption is calculated by developing calibrated hourly simulation models of whole -building energy use, or equipment sub -systems in the baseline mode and in the post -installation mode and comparing the simulated annual differences for either an average year or for conditions that correspond to the specific year during either the baseline or post -installation period. "Potential -to -Save" or "Potential -to -Perform" by an ECM is satisfied when a measure is properly installed and has the potential to generate predicted levels of energy cost avoidance. Verification of an ECM's "potential -to - save" is satisfied upon CITY's sienine of Exhibit III Certificate of Acceptance. Also see "Option A". "Retrofit" is the work provided by ESCO as defined by the "ECMs." "Retrofit and Support Costs" are the sum of the (i) the financing payments required to be made by CITY pursuant to the Financing Document; and (ii) the payments required to be made by CITY for Support Services. "Retrofit Isolation Method (RIM) or Approach" is an M&V approach that verifies the Guarantee Savings using techniques that isolate the energy use of the ECM and affected systems separate from the energy use of the rest of the facility. This method is used to mitigate the interactive energy effects of changes made to the facility outside of ESCO's control. "Savings" is defined as avoided, defrayed, or reallocated costs. "Support Services" is defined as the services to be provided by ESCO and described in Schedules D and J. "Terra" shall have the meaning as defined in Section 2 hereof. "Total Guarantee Year Savings" is defined as the summation of avoided Energy Costs realized by Facilities in each Guarantee Year as a result of the Retrofit and Support Services provided by ESCO. 2. TERM AND TERMINATION 2.1 Guarantee Term. The Term of this Guarantee Period shall commence on the first (1st) day of the month following the Commencement Date pursuant to this Agreement and shall terminate at the end of the Guarantee Period unless terminated earlier as provided for herein. The Term of this Guarantee Period is defined below. 2.2 Guarantee Termination. Given that both parties recognize that the energy savings can only be achieved if the systems and equipment are properly maintained throughout the Guarantee Term, City agrees that the savings guarantee set forth herein is dependent upon the continuation of any existing Support Services Agreements by ESCO or by OTHERS. City shall continue to contract with ESCO for the Energy Auditing and Analysis Services set forth in this Agreement for the entire term of the savings guarantee term. Should this Agreement, or other existing Agreements covering systems and equipment not covered in this Agreement, be terminated (including, as applicable, the Support Services Agreement — Schedules D and J) in whole or in part for any reason prior to the Schedule C Page 3