RFQ - SBFD Solar PV - Performance Services Inc

Home Browse Search

"l, Performance Services Exhibit "C" The Guarantee commencement date shall be established by both the Owner and Provider once the Energy Conservation Measures (ECMs) are installed, the Owner's staff has been trained how to operate the ECMs and the ECMs have been optimized by the Provider. The commencement date shall be set to be no earlier than 60 days after the ECMs have been optimized by the Provider. The Guarantee shall be fulfilled and fully satisfied once the Guaranteed Energy and Operational Savings have equaled the Contract Price under the Guaranteed Energy Savings Contract. Energy Savings Energy savings shall be measured and verified by various methods depending on the Energy Conservation Measure (ECM). The measurement and verification methods to be used in determining actual energy savings are identified for each ECM within this Guarantee and attached Schedules. The Base Year utility rate for Year 1, as identified in the Energy Savings Schedule, is based on the Owner's utility costs experienced from April 2015 through March 2016. The Base Year utility rate shall increase each year by 3% for every year in the program term, as shown in the Energy Savings Schedule. Current Year utility rate data shall be used in calculating energy savings occurring during that current year, provided Current Year utility rates are not less than the corresponding Base Year utility rates. If Current Year utility rates drop below the corresponding Base Year rates, such Base Year rates shall be used to calculate Current Year energy savings. Any energy savings generated prior to the Guarantee commencement date shall be added to savings achieved during the first annual period of the Guarantee. The Owner shall pay the Provider the annual Energy Monitoring fees identified within this Guarantee. For these fees, the Provider shall calculate and report the actual energy savings over the term of the Guarantee as described herein. At the end of every annual guaranteed period, the actual annual savings will be compared to the guaranteed annual savings to determine if the guaranteed savings were achieved. If the actual savings for this one year period, plus any previously accrued excess savings, are less than the guaranteed annual savings amount, the Provider shall pay the Owner a cash refund for the difference between these amounts (herein call the "shortfall"). If the Provider pays the Owner for a shortfall but, in future years, achieves actual savings in excess of the annual guaranteed amount, the Owner shall pay a cash refund to the Provider. This refund shall be equal to the excess savings as long as it does not exceed the amount previously paid to the Owner by the Provider for previous shortfalls. Once all previous shortfalls paid by the Provider have been refunded, future excess savings shall be retained by the Owner. The maximum shortfall in any one-year period is limited to the annual guaranteed energy savings amount identified in the Energy Savings Schedule. Lighting Savings Guaranteed electric savings from lighting improvements shall be based on the formulas contained in Schedule B. These electric savings are considered Stipulated Savings such that the amounts identified in the Energy Savings Schedule shall be applied to the guaranteed annual energy savings amount throughout the term of the Guarantee. Proprietary & Confidential