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

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Schedule A and its Attachment(s). The CITY accepts the Energy Guarantee and Schedule of Savings and agrees to the M&V plan set forth in this Schedule F. 5. CITY RESPONSIBILITIES PROVISIONS 5.1. Equipment Subieet to these Provisions. Equipment affecting the performance of the Energy Saving Guarantee includes (1) equipment provided as per Schedule A — Scope of Work and its Attachment(s), (2) modifications made to existing equipment as outlined in Schedule A — Scope of Work and its Attachments(s), (3) existing or new equipment not provided or modified under this Agreement but materially affected by the work provided per Schedule A — Scope of Work and its Attachment(s) and consuming energy or water via utility meters covered by. this Agreement. 5.2. CITY Maintenance and Replacement Responsibilities. During the term of this Agreement, for all equipment covered by the Energy Savings Guarantee of this Agreement, the CITY shall perform on -going :maintenance and accomplish component replacement and equipment repairs in accordance with manufacturer's standards and practices and take all reasonable measures to insure the equipment is operating at full efficiency. Component replacement and equipment repairs must be accomplished in a timely fashion. Additionally, CITY shall insure such equipment is operated at all times in accordance with applicable manufacturer's specifications, ESCO specifications, and the requirements contained herein. For all non-ESCO maintenance actions, CITY shall document and make available to ESCO maintenance dates and tasks accomplished, the start date and duration of all deficient equipment operation and the subsequent corrective action and/or repair dates. Failure of the CITY to operate the equipment per the specifications, repair any deficiencies in a timely manner, and perform the ongoing maintenance functions in accordance with the standards and practices during the Guarantee period will allow ESCO to adjust the Guarantee accordingly. 5.2.1. CITY shall replace any vandalized or any failed equipment or component no longer warranted by ESCO or the manufacturer, with equipment or components of equal or greater efficiency value than installed by ESCO, for the full Guarantee Term, 5.2.2. CITY shall be responsible to investigate and correct any reported deficiencies not covered under this Support Services Agreement. 5.3. CITY Granted Access for Remote Diagnostics. CITY shall allow ESCO to perform remote diagnostics on all equipment associated with the Energy Savings Guarantee for operational compliance with the manufacturer's specifications, and the requirements of Schedule D and Schedule C contained herein. CITY shall provide one or both of the following described in section 5.3.1 or 5.3.2, as applicable. 5.3.1. Dial -In Remote Access: CITY is responsible for implementation and costs for first-time installation and on -going maintenance and subscription fees for two (2) dedicated phone lines and two (2) modems) at each front- end computer and one (1) dedicated phone line at each controller not hardwire connected to a front-end computer. 5.3.2. TCP/IP Remote Access: CITY is responsible for implementation and costs for remote ESCO access through CITY's firewall(s) to the controllers and front-end computer(s) by one (1) Measurement and Verification Specialist including but not Iimited to a dedicated static IP address, installation and on -going maintenance and subscription and licensing fees for access hardware and software and one(1) station license dedicated to the remote user. 5.4 CITY Reporting Responsibilities. CITY shall report to ESCO in writing within fifteen (15) days of the following changes or events. The Guarantee or the realized Cost Avoidance will be adjusted accordingly. Failure to do so will result in adjustment of the Guarantee. (1) any additional energy source or change in existing energy source or supplier that the CITY may negotiate during the term of this Guarantee and/or, Schedule C Page 7