HomeMy WebLinkAboutContract - Guaranteed Energy Savings Proj No 124-015 - Veregy
ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BREANA N. MICOU
1316 COUNTY-CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
PHONE 574/ 235-9251
FAX 574/ 235-9171
CITY OF SOUTH BEND JAMES MUELLER, MAYOR
BOARD OF PUBLIC WORKS
December 10, 2024
Mr. Rick Anderson
Veregy, LLC
6406 Castleway Court, Bldg. 37 Suite 100
Indianapolis, IN 46241
Randerson@veregy.com
RE: Contract
Dear Mr. Anderson :
At its December 10, 2024 meeting, the Board of Public Works approved the above
referenced contract for the guaranteed energy savings contract to install solar energy
generation and energy savings upgrades at the Wastewater Treatment Plant in the amount of
$2,267,831.
Enclosed please find the original of the contract for your signature. Please sign and
return the original contract to hhorvath@southbendin.gov. Please retain a copy for your
records.
If you have any further questions, please call this office at (574) 235-9251.
Sincerely,
/s/ Theresa Heffner
Theresa Heffner, Clerk
Enclosures
TH/hh
INTER-OFFICE MEMORANDUM
DEPARTMENT OF PUBLIC WORKS
TO: Board of Public Works
FROM: Gemma Stanton, Project Engineer
SUBJECT: Guaranteed Energy Savings Contract with Veregy for South Bend
Wastewater Treatment Plant Solar and Energy Upgrades
DATE: 12/3/2024
The Department of Engineering has been negotiating a Guaranteed Energy Savings Contract with
Veregy for the installation of a solar array and other energy conservation measures. The total cost
of the contract for installation is $2,267,831. Veregy will be responsible for Operations &
Maintenance for the first 5 years of the guarantee period. O&M will be invoiced annually starting in
the first Guarantee Year at $4,100 with a 2.5% annual escalation.
Scope
•Solar array – 300 kWac
•HVAC Control and Headworks & Administration Buildings
•LED Lighting at Administration building
•ACCU Unit at Headworks Building
•AC Unit at Dewatering Building office
Timeline
•Solar coordination and design: through May 2025
•Lighting: March 2025
•HVAC Control retrofits: May 2025
•Solar construction: August-September 2025
The M/WBE utilization plans are attached in this contract. The goals have been set by the Office of
Diversity & Inclusion.
Thank you for your consideration of this request.
Please call with your questions at extension 9083.
Enc. Guaranteed Energy Savings Contract , M/WBE Utilization Plans
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VEREGY, LLC
AGREEMENT
CUSTOMER NAME: City of South Bend – Wastewater Treatment Plant
DATE OF SUBMISSION: November 20th, 2024
i.
TABLE OF CONTENTS
ARTICLE PAGE
GENERAL PROVISIONS ......................................................................................................................................... 1
VEREGY'S RESPONSIBILITIES ........................................................................................................................... 1
CUSTOMER'S RESPONSIBILITIES ..................................................................................................................... 4
SUBCONTRACTS ..................................................................................................................................................... 6
INSTALLATION AND ACCEPTANCE ................................................................................................................. 6
PRICE AND PAYMENT ........................................................................................................................................... 7
CHANGES IN THE PROJECT ................................................................................................................................ 7
INSURANCE, INDEMNITY, WAIVER OF SUBROGATION, AND LIMITATION OF LIABILITY ........... 8
TERMINATION OF THE AGREEMENT ............................................................................................................ 10
ASSIGNMENT ......................................................................................................................................................... 10
MISCELLANEOUS PROVISIONS ....................................................................................................................... 11
LIMIT OF LIABILITY – FIRE AND/OR SECURITY SYSTEMS .................................................................... 12
ALLOCATION OF SECTION 179D DEDUCTION TO DESIGNER ................................................................ 13
SUBSEQUENT PHASES OF WORK .................................................................................................................... 13
ATTACHMENT A: SCOPE OF WORK ............................................................................................................... 15
ATTACHMENT B: INSTALLATION SCHEDULE ............................................................................................ 24
ATTACHMENT C: PAYMENT SCHEDULE ...................................................................................................... 25
ATTACHMENT D: ENERGY GUARANTEE ...................................................................................................... 26
ATTACHMENT E: SCHEDULE OF SAVINGS .................................................................................................. 32
ATTACHMENT F: CERTIFICATE OF SUBSTANTIAL COMPLETION ..................................................... 45
ATTACHMENT G: FINAL COMPLETION CERTIFICATE ........................................................................... 46
ATTACHMENT H: FINAL RETROFIT ACCEPTANCE CERTIFICATE ..................................................... 47
ATTACHMENT I: FORM ALLOCATION OF SECTION 179D DEDUCTION ............................................. 48
ATTACHMENT J: SOLAR O&M SERVICES .................................................................................................... 49
ATTACHMENT K: M&V SERVICES .................................................................................................................. 56
ATTACHMENT L: MANDATORY FEDERAL PROVISIONS ......................................................................... 59
i.
Note Regarding Modifications Made to this Agreement: Provisions in the printed document that are not to be included in
the agreement may be deleted by striking through the word, sentence or paragraph to be omitted. It is recommended that
unwanted provisions not be made illegible. The parties should be clearly aware of the material deleted from the standard form.
Do not make any modifications to this Agreement unless approval to do so has been granted. Changes may be made
only by deletion as explained above, or, by addendum.
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ARTICLE 1
GENERAL PROVISIONS
1.1 This Agreement, including all Attachments, Exhibits, and Schedules referenced herein (hereinafter the
"Agreement") dated ___December 10th, 2024___ (the "Effective Date") by and between Veregy IN, LLC doing business as
“Veregy” (collectively referred to hereinafter “VEREGY”), with a principal place of business at 6406 Castleway Court,
Bldg. 37 Suite 100, Indianapolis, IN 46250 and (“CUSTOMER”) with a principal place of business at 227 West Jefferson
Blvd., South Bend, IN 46601. (collectively the "Parties").
1.2 EXTENT OF AGREEMENT: This Agreement, including all attachments and exhibits hereto, represents the entire
agreement between CUSTOMER and VEREGY and supersedes all prior negotiations, representations or agreements. This
Agreement shall not be superseded by any provisions of the documents for construction and may be amended only by: (1)
a written amendment signed by both CUSTOMER and VEREGY; and (2) a Change Order. None of the provisions of this
Agreement shall be modified, altered, changed or voided by any subsequent Purchase Order issued by CUSTOMER, which
relates to the subject matter of this Agreement.
1.3 As used in this Agreement, the term “Work” means the construction and services required by the Contract
Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services
provided or to be provided by VEREGY to fulfill VEREGY’s obligations, as described in Attachment A and otherwise set
forth in the Contract Documents. The Work may constitute the whole or a part of the Project. The Work specifically excludes
certain design and construction, which are the subject of separate agreements between CUSTOMER and parties other than
VEREGY.
1.4 The Project is the total construction of which the Work performed by VEREGY under this Agreement may be the
whole or a part and which may include construction by the CUSTOMER and by separate contractors.
1.5 The Contract Documents consist of this Agreement, its attachments, exhibits, schedules, and addenda and shall
include the Performance Bond and/or the Labor and Materials Payment Bond, as required by IC 4-13.6-7-6, IC 4-13.6-7-7
and IC 36-112-5. The intent of the Contract Documents is to include all items necessary for the proper execution and
completion of the Work by VEREGY. The Contract Documents are complementary, and what is required by one shall be
binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract
Documents and reasonably inferable from them.
1.6 Installation Schedule means that schedule set out in Attachment B describing the Parties’ intentions respecting the
times by which the components or aspect of the Work therein set forth shall be installed and/or ready for acceptance or
beneficial use by CUSTOMER.
ARTICLE 2
VEREGY'S RESPONSIBILITIES
2.1 VEREGY Services
2.1.1 VEREGY shall be responsible for construction of the Project, except as otherwise set forth in the Construction
Documents.
2.1.2 VEREGY shall secure permits necessary for the Work.
2.1.3 VEREGY shall not be required to provide professional services that constitute the practice of architecture or
engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless
VEREGY needs to provide such services in order to carry out VEREGY’s responsibilities for construction means, methods,
techniques, sequences and procedures.
2.2 Responsibilities with Respect to the Work
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2.2.1 VEREGY will provide construction supervision, inspection, labor, materials, tools, construction equipment and
subcontracted items reasonably necessary for the execution and completion of the Work. VEREGY agrees that not less than
fifteen percent (15%) of the work, measured in dollar volume, will be performed by its own forces, excepting that not less
than twenty percent (20%) of the work, measured in dollar volume, will be performed by its own forces, to the extent that
the work is provided under a Guaranteed Savings Contract pursuant to IC 36-1-12.5 et seq. VEREGY agrees that any
subcontractor employed for any part of this Contract awarded in excess of One Hundred Fifty Thousand Dollars
($150,000.00) shall be qualified with the State of Indiana’s Public Works Division Certification Board and shall have a
valid Certificate of Qualification in the prime classification of work for this Contract.
2.2.2 VEREGY shall keep the premises in an orderly fashion and reasonably free from unnecessary accumulation of
waste materials or rubbish caused by its operations. If VEREGY damages property not needed for the Work, VEREGY
shall repair the property to its pre-existing condition unless CUSTOMER directs otherwise. At the completion of the Work,
VEREGY shall remove waste material supplied by VEREGY under this Agreement as well as all its tools, construction
equipment, machinery and surplus material. Unless otherwise agreed to herein, all surplus materials shall be the property
of VEREGY. VEREGY shall dispose of all waste materials or rubbish caused by its operations; provided, that unless
otherwise specifically agreed to in this Agreement, VEREGY shall not be responsible for disposal of toxic or hazardous
materials removed from the facilities, such as fluorescent lights, potential polychlorinated biphenyl containing light ballasts
and mercury-containing controls, but shall store those materials neatly at a location designated by CUSTOMER.
2.2.3 VEREGY shall give all notices and comply with all laws and ordinances legally enacted as of the date of execution
of the Agreement governing the execution of the Work; provided, however, that VEREGY shall not be responsible nor
liable for the violation of any code, law or ordinance caused by CUSTOMER or existing in CUSTOMER’s property prior
to the commencement of the Work.
2.2.4 VEREGY shall comply with all applicable federal, state and municipal laws and regulations that regulate the health
and safety of its workers while providing the Work, and shall take such measures as required by those laws and regulations
to prevent injury and accidents to other persons on, about or adjacent to the site of the Work. It is understood and agreed,
however, that VEREGY shall have no responsibility for elimination or abatement of health or safety hazards created or
otherwise resulting from activities at the site of the Work carried on by persons not in a contractual relationship with
VEREGY, including CUSTOMER, CUSTOMER’s employees, CUSTOMER’s contractors or subcontractors,
CUSTOMER’s tenants or CUSTOMER’s visitors. CUSTOMER agrees to cause its contractors, subcontractors and tenants
to comply fully with all applicable federal, state and municipal laws and regulations governing health and safety and to
comply with all reasonable requests and directions of VEREGY for the elimination or abatement of any such health or
safety hazards at the site of the work.
2.2.5 VEREGY certifies that it has been pre-qualified by the State of Indiana’s Public Works Division Certification
Board to perform the work and furnish the services required by this Project as required by IC 4-13.6 and 36-112-5 et seq..
VEREGY further certifies that all information and documentation submitted by it in its Application for Prequalification
Certification, it’s Proposal and submitted in response to the Project, is true, accurate and complete as of the date of this
Contract’s effectiveness. VEREGY shall immediately notify CUSTOMER of any material change to such information. The
Contractor shall immediately notify the CUSTOMER if, during the course of performance of this Contract, it or any of its
principals are proposed for debarment or ineligibility, or become debarred or declared ineligible, from entering into
contracts with the federal government or any department, agency or a political subdivision of the State.
2.2.6 VEREGY certifies that it and any of its subcontractors used for this Project shall comply with the provisions of IC
Sections 5-16-13 et seq., including those provisions of IC 5-16-13 and IC 4-13-18 requiring the implementation of an
employee drug testing program submitted as part of its Contractor’s Proposal. CUSTOMER may cancel this Contract if it
determines that VEREGY: 1. Has failed to implement its employee drug testing program during the term of this Contract;
2. Has failed to provide information regarding implementation of VEREGY’s employee drug testing program and the
CUSTOMER’S request; or 3. Has provided to CUSTOMER false information regarding VEREGY’s employee drug testing
program.
2.2.7 As required by IC §22-5-1.7, VEREGY swears or affirms under the penalties of perjury that VEREGY does not
knowingly employ an unauthorized worker. VEREGY further agrees that:
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2.2.7.1 VEREGY shall enroll in and verify the work eligibility status of all VEREGY’s newly hired employees
through the E-Verify program as defined in IC §22-5-1.7-3. VEREGY is not required to participate should the E-Verify
program cease to exist.
2.2.7.2 VEREGY shall not knowingly employ or contract with an unauthorized worker. VEREGY shall not retain
an employee or contract with a person for this Project that VEREGY subsequently learns is an unauthorized worker.
VEREGY shall not employ any individual on this Project who was required to be verified under IC 22-5-1.7 whose final
case result is final nonconfirmation.
2.2.7.3 VEREGY shall require VEREGY’s subcontractors, who perform work under this Contract, to certify to
VEREGY that the subcontractor does not knowingly employ or contract with an unauthorized alien and that the subcontractor
has enrolled and is participating in the E-Verify program. VEREGY agrees to maintain this certification throughout the
duration of the term of a contract with a subcontractor.
2.2.8 As required under IC 5-16-13-11:
2.2.8.1 VEREGY will not pay cash to any individual employed by VEREGY for work done by the individual on
the Project;
2.2.8.2 VEREGY will be in compliance with the Federal Fair Labor Standards Act of 1938, as amended (29 U.S.C.
201-209) and IC 22-2-2-1 through IC 22-2-2-8;
2.2.8.3 VEREGY will comply with IC 22-3-5-1 and IC 22-3-7-34;
2.2.8.4 VEREGY will comply with IC 22-4-1 through IC 22-4-39.5;
2.2.8.5 VEREGY will comply with IC 4-13-18-1 through IC 4-13-18-7; and
2.2.8.6 VEREGY will comply with IC 5-16-13-12 to the extent that it is applicable, and provide access to a training
program applicable to the tasks to be performed in the normal course of the employees employment with VEREGY.
2.2.9 VEREGY shall retain the payroll and related records of its employees for a period of three (3) years after completion
of the Project work and shall provide them for inspection by the department of workforce development upon request which
shall maintain the confidentiality of all such records inspected in accordance with IC 22-4-19-6.
2.3 Patent Indemnity
2.3.1 VEREGY shall, at its expense, defend or, at its option, settle any suit that may be instituted against CUSTOMER
for alleged infringement of any United States patents related to the hardware manufactured and provided by VEREGY,
provided that: 1. Such alleged infringement consists only in the use of such hardware by itself and not as part of, or in
combination with, any other devices, parts or software not provided by VEREGY hereunder; 2. CUSTOMER gives
VEREGY reasonable notice in writing of any such suit and permits VEREGY, through counsel of its choice, to answer the
charge of infringement and defend such suit; and 3. CUSTOMER gives VEREGY all needed information, assistance and
authority, at VEREGY's expense, to enable VEREGY to defend such suit.
2.3.2 If such a suit has occurred, or in VEREGY's opinion is likely to occur, VEREGY may, at its election and expense:
obtain for CUSTOMER the right to continue using such equipment; or replace, correct or modify it so that it is not
infringing; or remove such equipment and grant CUSTOMER a credit therefore, as depreciated.
2.3.3 In the case of a final award of damages in any such suit, VEREGY will pay such award. VEREGY shall not,
however, be responsible for any settlement made without its written consent.
2.3.4 This article states VEREGY's total liability and CUSTOMER's sole remedy for any actual or alleged infringement
of any patent by the hardware manufactured and provided by VEREGY hereunder. In no event shall VEREGY be liable
for any indirect, special or consequential damages resulting from any such actual or alleged infringement, except as set
forth in this section 2.3.
2.4 Warranties and Completion
2.4.1 VEREGY warrants CUSTOMER good and clear title to all equipment and materials furnished by VEREGY to
CUSTOMER pursuant to this Agreement free and clear of liens and encumbrances. VEREGY hereby warrants that all such
equipment and materials shall be of good quality and shall be free from defects in materials and workmanship, including
installation and setup, for a period of one (1) year from the date of beneficial use or substantial completion of the equipment
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or portion of the Work in question, provided that no repairs, substitutions, modifications, or additions have been made,
except by VEREGY or with VEREGY's written permission, and provided that after delivery such equipment or materials
have not been subjected by non-VEREGY personnel to accident, abuse, neglect, misuse, modifications, improper or
insufficient maintenance, improper operation or use in violation of any instructions supplied by VEREGY, in which case
this warranty shall be null and void. VEREGY's sole liability hereunder shall be to repair promptly or replace defective
equipment or materials, at VEREGY's option and at VEREGY's expense. The limited warranty contained in this Section
2.4.1 shall constitute the exclusive remedy of CUSTOMER and the exclusive liability of VEREGY for any breach of any
warranty related to the equipment and materials furnished by VEREGY pursuant to this Agreement.
2.4.2 All Subcontractor’s and manufacturer’s warranties shall be deemed furnished and assigned to CUSTOMER
pursuant to the Contract Documents without further action by VEREGY upon Final Payment by CUSTOMER as required
under the Contract Documents.
2.4.3 THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND VEREGY HEREBY DISCLAIMS ANY
AND ALL EXPRESS OR IMPLIED WARRANTIES, WHETHER WRITTEN OR ORAL, IMPLIED OR STATUTORY,
INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE, EXCEPT AS EXPRESSLY WARRANTED HEREIN. VEREGY shall not be liable for any
special, indirect, incidental or consequential damages arising from, or relating to, this limited warranty or its breach.
2.4.4 VEREGY’s warranty excludes remedy for damage or defect caused by abuse, modifications not executed by
VEREGY, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage.
2.5 Hazardous Materials
2.5.1 Except as expressly provided in Schedule A, VEREGY and its subcontractors shall not be required to handle,
remove, come into contact with, dispose of, or otherwise work with hazardous materials existing on the project site at the
date of this Agreement or resulting, either directly or indirectly, from any acts or omissions of CUSTOMER, its employees,
agents or assigns, or any of its other contractors or subcontractors. “Hazardous materials” as used herein includes all
hazardous or toxic substances or materials as may be so designated by federal, state or local governmental entities.
“Hazardous materials” shall also include lead paint, fungus and mold. If, during the performance of the Work, the presence
of hazardous materials is discovered or reasonably suspected, VEREGY shall notify CUSTOMER of such discovery or
suspicion and shall be permitted to immediately cease all work which requires contact with or exposure to such hazardous
materials, until the CUSTOMER has made arrangements for the removal of the same. VEREGY shall be entitled to an
extension of the Contract Time for ceasing work pursuant to this Section. In the event that the parties agree that VEREGY
shall remove or remediate any Hazardous Materials discovered during the course of the Work, VEREGY shall be entitled
to a Change Order increasing the Contract Price and Contract Time for said removal and/or remediation.
2.5.2 To the extent authorized by law, CUSTOMER shall indemnify, defend, and hold VEREGY and its respective
officers, directors, employees, agents and subcontractors (collectively the “Indemnified Parties”), harmless from, against,
and in respect of any and all rights, claims, demands, liabilities, obligations, orders, assessments, interest, penalties, fines,
settlement payments, costs, expenses and damages, including, without limitation, reasonable legal fees and out-of-pocket
expenses (“Damages”) imposed upon or incurred by any Indemnified Party and that arise from claims asserted by third
parties or by CUSTOMER concerning any Hazardous Materials; provided that the Damages are not the direct result of any
act or omission of VEREGY or its agents.
2.5.3 Unless prior to the execution of this Agreement, VEREGY received written notification from CUSTOMER of the
existence of Hazardous Materials on the site, and said notice included a description of the Hazardous Materials, and the
quantity and location of the Hazardous Materials, CUSTOMER is hereby representing to VEREGY that CUSTOMER is
not aware of any Hazardous Materials present at the site.
ARTICLE 3
CUSTOMER'S RESPONSIBILITIES
3.1 CUSTOMER shall provide VEREGY full information necessary and relevant to the evaluation, performance and
requirements for the Work. VEREGY shall be entitled to rely on the accuracy of the information furnished by CUSTOMER.
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The CUSTOMER shall furnish information and services required of CUSTOMER by the Contract Documents with
reasonable promptness.
3.2 CUSTOMER shall designate a representative who shall be fully acquainted with the Work, and who has authority
to approve changes in the scope of the Work, execute and agree to Change Orders and render decisions promptly.
3.3 CUSTOMER shall furnish to VEREGY surveys describing physical characteristics, all information regarding legal
limitations, utility locations and other information reasonably pertinent to this Agreement, the Work and the Project.
3.5 If CUSTOMER becomes aware of any fault or defect in the Work, it shall give prompt written notice thereof to
VEREGY and if such notice is not promptly given, CUSTOMER shall be responsible for any additional repair or remedial
costs which could have been avoided if such notice had been promptly given.
3.6 The services and information required by the above paragraphs shall be furnished with reasonable promptness at
CUSTOMER's expense and VEREGY shall be entitled to rely upon the accuracy and the completeness thereof.
3.7 Prior to the commencement of the Work and at such future times as VEREGY shall reasonably deem appropriate,
CUSTOMER shall furnish evidence in a form satisfactory to VEREGY that sufficient funds are available and committed
to pay for the Work. Unless such evidence is furnished, VEREGY is not required to commence or continue any Work.
Further, if CUSTOMER does not provide such evidence, VEREGY may stop work upon fifteen (15) days notice to
CUSTOMER. The failure of VEREGY to insist upon the providing of this evidence at any one time shall not be a waiver
of CUSTOMER's obligation to make payments pursuant to this Agreement, nor shall it be a waiver of VEREGY's right to
request or insist that such evidence be provided at a later date.
3.8 CUSTOMER shall comply with all applicable federal, state and municipal laws and regulations governing
occupational health and safety in the areas where VEREGY will perform services and/or perform the Work.
3.9 CUSTOMER represents and warrants that, except as otherwise disclosed in this Agreement, in the areas where
VEREGY will undertake Work or provide services, there are no: (a) materials or substances classified as toxic or hazardous
either (i) on or within the walls, floors, ceilings or other structural components, or (ii) otherwise located in the work area,
including asbestos or presumed asbestos-containing materials, formaldehyde, containers or pipelines containing petroleum
products or hazardous substances, etc.; (b) situations subject to special precautions or equipment required by federal, state
or local health or safety regulations; or (c) unsafe working conditions. CUSTOMER shall immediately notify VEREGY of
any changes or updates that occur during the course of the Agreement. If any such materials, situations or conditions,
whether disclosed or not, are in fact discovered by VEREGY or others and provide an unsafe condition for the performance
of the Work or services, the discovery of the material, situation or condition shall constitute a cause beyond VEREGY’s
reasonable control and VEREGY shall have the right to cease or not commence the Work until the area has been made safe
by CUSTOMER or CUSTOMER’s representative, at CUSTOMER’s expense. When the Hazardous Material has been
remediated or removed, Work in the affected area shall resume upon written agreement of CUSTOMER and VEREGY. By
Change Order, the Contract Time shall be extended appropriately, and the Contract Price shall be increased in the amount
of the VEREGY’s reasonable additional costs of shut-down, delay and start-up and for any additional work performed by
VEREGY. The foregoing excludes any hazardous materials brought to the project site by VEREGY.
3.10 To the fullest extent allowed by law, CUSTOMER shall indemnify and hold VEREGY harmless from and against
any and all claims and costs of whatever nature, including but not limited to, consultants' and attorneys' fees, damages for
bodily injury and property damage, fines, penalties, cleanup costs and costs associated with delay or work stoppage, that in
any way results from or arises under the breach of the representations and warranties in this section, the existence of mold
or a Hazardous Materials at a site, performance of the Work in the affected area, or the occurrence or existence of the
situations or conditions described in this section, whether or not CUSTOMER provides VEREGY advance notice of the
existence or occurrence and regardless of when the Hazardous Materials or occurrence is discovered or occurs. This
indemnification shall survive termination of this Agreement for whatever reason. Nothing in this section shall be construed
to require that CUSTOMER indemnify and hold harmless VEREGY from claims and costs resulting from the negligent use
by VEREGY of any Hazardous Materials brought to the site by VEREGY (and CUSTOMER acknowledges that VEREGY
may bring to the site lubricants or other materials that are routinely used in performing maintenance and that may be
classified as Hazardous Materials).
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3.11 In addition to the price set forth in Article 6 of this Agreement, CUSTOMER shall pay any present and future
taxes or any other governmental charges now or hereafter imposed by existing or future laws with respect to the sale,
transfer, use, ownership or possession of the Work provided hereunder, excluding taxes on VEREGY’s net income.
ARTICLE 4
SUBCONTRACTS
4.1 At its exclusive option, VEREGY may subcontract some or all of the Work. VEREGY, as soon as practicable after
execution of the Agreement, shall furnish in writing to CUSTOMER, if requested by CUSTOMER, the names of persons
or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each
principal portion of the Work. CUSTOMER will promptly reply to VEREGY in writing stating whether or not CUSTOMER
has reasonable objection to any such proposed person or entity. Failure of CUSTOMER to reply promptly shall constitute
notice of no reasonable objection. Notwithstanding anything herein to the contrary. VEREGY shall require that any
subcontractor entering into a subcontract of one hundred fifty thousand dollars ($150,000) or more for the performance of
any part of the Project to be properly qualified under IC 4-13.6 et seq. and that the subcontractor shall complete at least
fifteen percent (15%) of the work (measured in dollars of the total contract price) with its own forces and shall comply with
the applicable provisions of IC 4-13.6 and IC 5-16-13 et seq.
4.2 VEREGY certifies that it will verify the state and federal suspension and debarment status for all subcontractors
receiving funds under this Contract and shall immediately notify the CUSTOMER if any subcontractor becomes debarred
or suspended, and shall, at the CUSTOMER’s request take all steps required to terminate its contractual relationship with
the subcontractor for work to be performed under this Contract.
4.2 A Subcontractor is a person or entity who has a direct contract with VEREGY to provide work, labor and materials
in connection with the Work. The term Subcontractor does NOT include any separate contractors employed by
CUSTOMER or such separate contractors' subcontractors.
4.3 For the purposes of this Agreement, no contractual relationship shall exist between CUSTOMER and any
Subcontractor. VEREGY shall be responsible for the management of its Subcontractors in their performance of their Work.
Unless otherwise expressly agreed to, VEREGY shall not be responsible for the management or supervision or the
performance of any work by any of CUSTOMER’s employees, contractors or subcontractors.
4.4 CUSTOMER shall not hire any of VEREGY’s Subcontractors without the prior written approval of VEREGY.
4.5 In accordance with CUSTOMER’S MWBE Ordinance Chapter 14.5 et. al, VEREGY agrees to meet the
predetermined minority and women goals established for this contract as prescribed by CUSTOMER. VEREGY agrees to
track its payments to its subcontractors through CUSTOMER’S MWBE compliance software and shall notify CUSTOMER
of any change in or deviation from its expected MWBE participation.
ARTICLE 5
INSTALLATION AND ACCEPTANCE
5.1 The Work to be performed under this Agreement shall be commenced and substantially completed as set forth in
the Installation Schedule attached hereto as Attachment B.
5.2 If VEREGY is delayed at any time in the progress of performing its obligations under this Agreement by any act
of neglect of CUSTOMER or of any employee or agent of CUSTOMER or any contractor employed by CUSTOMER; or
by changes ordered or requested by CUSTOMER in the Work performed pursuant to this Agreement;, fire, unusual delay
in transportation or deliveries, adverse weather conditions or other events or occurrences which could not be reasonably
anticipated; or unavoidable casualties; or any other problem beyond VEREGY's reasonable control (an "Excusable Delay"),
then the time for performance of the obligations affected by such Excusable Delay shall be extended by the period of any
delay actually incurred as a result thereof.
5.3 VEREGY shall provide a Final Completion Certificate as designated in Attachment G for the Work provided
pursuant to the Scope of Work identified in Attachment A. Upon receipt of each Final Completion Certificate, CUSTOMER
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shall promptly inspect the Work performed by VEREGY identified therein and execute each such Final Completion
Certificate as soon as reasonably possible, but in no event later than ten (10) days after delivery of the same by VEREGY,
unless CUSTOMER provides VEREGY with a written statement identifying specific material performance deficiencies
that it wishes VEREGY to correct. VEREGY will use reasonably diligent efforts to correct all such material deficiencies
and will give written notice to CUSTOMER when all such items have been corrected. The Parties intend that a Final
Completion Certificate will be executed for the Work as soon as all Work is installed and operating. Execution and delivery
by CUSTOMER of such Final Completion Certificate with respect to the Work shall constitute "Final Completion" of such
Work performed by VEREGY pursuant to the Scope of Work.
ARTICLE 6
PRICE AND PAYMENT
6.1 Price
6.1.1 The price for the Work is Two Million Two Hundred Sixty Seven
Thousand Eight Hundred Thirty One Dollars ($2,267,831.00), subject to the adjustments set forth in Articles 5 and 7. The
price for 1st year of Ongoing Services is Four Thousand One Hundred Dollars ($4,100). The annual prices for ongoing
Measurement & Verification with Guaranteed Savings Reconciliation Reporting and ongoing Services are given in
Attachment C.
6.1.2 The price is based upon laws, codes and regulations in existence as of the date this Agreement is executed. Any
changes in or to applicable laws, codes and regulations affecting the cost of the Work shall be the responsibility of
CUSTOMER and shall entitle VEREGY to an equitable adjustment in the price and schedule.
6.1.3 The price will be modified for delays caused by CUSTOMER and for Changes in the Work, all pursuant to Article
7.
6.1.4 The license fees for all licensed software are included in the price to be paid by CUSTOMER as identified in this
Article 6.
6.1.5 Removed
6.1.6 The Contract Price does not include the items of work specifically excluded in Attachment A. If CUSTOMER
requests VEREGY to perform any of the work expressly excluded in said Attachment, the cost for this additional work,
plus VEREGY’s overhead and profit, shall be added to the Contract Price.
6.2 Payment
6.2.1 Upon execution of this Agreement, CUSTOMER shall pay or cause to be paid to VEREGY the full price for the
Work, in accordance with the Payment Schedule, Attachment C. Payment shall be made net thirty (30) days of invoice date.
6.2.2 If a progress payment is not paid by the due date, VEREGY reserves the right (without further notice) to
immediately stop work until the progress payment then due is made, increased by the amount of VEREGY’s costs of
shutdown, delay and startup and, in such event, VEREGY will not be liable or responsible for any damages, costs or delays
whatsoever due to such work stoppage. VEREGY reserves the right (without further notice) to terminate this Agreement
altogether if work is stopped for thirty (30) or more days (whether or not consecutive days) because of a failure to make
progress payments, and, in such event, also reserves the right to recover payment for all work executed and losses from
stoppage of the work including reasonable overhead and profit.
ARTICLE 7
CHANGES IN THE PROJECT
7.1 A Change Order is a written order signed by CUSTOMER and VEREGY authorizing a change in the Work or
adjustment in the price, or a change to the Installation Schedule described in Attachment B. Each Change Order shall
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describe the change in the work, the amount of adjustment, if any, to the Contract Price, and the extent of any adjustment
to the completion date.
7.2 CUSTOMER may request VEREGY to submit proposals for changes in the Work. Unless otherwise specifically
agreed to in writing by both parties, if VEREGY submits a proposal pursuant to such request but CUSTOMER chooses not
to proceed, CUSTOMER shall issue a Change Order to reimburse VEREGY for any and all costs incurred in preparing the
proposal.
7.3 Claims for Concealed or Unknown Conditions
The Contract Price has been based on normal site conditions, without allowance for any additional work that might be
caused by uncontemplated site conditions. If conditions are encountered at the site that are (1) subsurface or otherwise
concealed physical conditions which differ materially from those indicated in the Contract Documents, or (2) unknown
physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally
recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the
observing party shall be given to the other party promptly before conditions are disturbed and in no event later than twenty-
one (21) days after first observance of the conditions, and, if appropriate, an equitable adjustment to the Contract Price and
Installation Schedule shall be made by a Change Order. Said adjustment in Contract Price shall include VEREGY’s
overhead and profit. If agreement cannot be reached by the Parties, the party seeking an adjustment in the Price or
Installation Schedule may assert a claim in accordance with Paragraph 7.4.
7.4 If VEREGY wishes to make a claim for an increase in the Contract Price or an extension in the Installation
Schedule it shall give CUSTOMER written notice thereof within a reasonable time after the occurrence of the event giving
rise to such claim. This notice shall be given by VEREGY before proceeding to execute the Work, except in an emergency
endangering life or property, in which case VEREGY shall have the authority to act, in its discretion, to prevent threatened
damage, injury or loss. Claims arising from delay shall be made within a reasonable time after the delay. Increases based
upon design and estimating costs with respect to possible changes requested by CUSTOMER shall be made within a
reasonable time after the decision is made not to proceed with the change. No such claim shall be valid unless so made.
Any change in the Price or the Installation Schedule resulting from such claim shall be authorized by Change Order.
7.5 Emergencies
In any emergency affecting the safety of persons or property, VEREGY shall act, at its discretion, to prevent threatened
damage, injury or loss. Any increase in the Price or extension of time claimed by VEREGY on account of emergency work
shall be determined as provided in Section 7.4.
7.6 Minor Changes
VEREGY shall, with CUSTOMER’s approval, have the authority to make minor changes in the Work so long as such
changes do not result in a material alteration or modification or cause an adjustment to the Contract Price or an extension
of the Contract Time. CUSTOMER shall not unreasonably withhold its approval.
ARTICLE 8
INSURANCE, INDEMNITY, WAIVER OF SUBROGATION, AND LIMITATION OF LIABILITY
8.1 Indemnity
8.1.1 VEREGY agrees to indemnify and hold CUSTOMER, and CUSTOMER’s consultants, agents and employees
harmless from all claims for bodily injury and property damages [other than the Work itself and other property insured
under Paragraph 8.4] to the extent such claims result from or arise under VEREGY’s negligent actions or willful misconduct
in its performance of the Work, nothing in this article shall be construed or understood to alter the limitations of liability
contained in this article, article 2, or the indemnification contained in section 3.8. Except as otherwise provided herein,
VEREGY’s obligation, if any, to indemnify the CUSTOMER does not extend to losses sustained in whole or in part as a
result of the CUSTOMER’s (or its agent’s) acts or omissions.
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8.1.2 CUSTOMER shall indemnify and hold harmless VEREGY and VEREGY's consultants, agents and employees
from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of, or
resulting from, any act or omission of CUSTOMER or CUSTOMER's contractors, consultants, agents or employees.
8.1.3 Removed
8.2 Contractor's Liability Insurance
8.2.1 VEREGY shall purchase and maintain such insurance as will protect it from claims that may arise out of or result
from VEREGY's operations under this Agreement.
8.2.2 The Commercial General Liability Insurance shall include premises-operations (including explosion, collapse and
underground coverage), elevators, independent contractors, completed operations, and blanket contractual liability on all
written contracts, all including broad form property damage coverage.
8.2.3 VEREGY's Commercial General and Automobile Liability Insurance, as required by Subparagraphs 8.2.1 and
8.2.2, and IC 5-16-13-10, shall be written for not less than limits of liability as follows:
(a) Commercial General Liability
Combined Single Limit
$ 1,000,000 Each Occurrence
$ 2,000,000 Product & Completed Operations
Aggregate
$ 2,000,000 General Aggregate
Other Than Products & Completed Operations
(b) Commercial Automobile Liability Combined Single Limit
$ 1,000,000 Each Occurrence
8.2.4 VEREGY shall maintain at all times during the performance of the Work and Services hereunder, Workman’s
Compensation Insurance in accordance with the laws of the State in which the Work is performed.
8.3. CUSTOMER's Liability Insurance
8.3.1 CUSTOMER shall be responsible for purchasing and maintaining its own liability insurance and, at its option,
may purchase and maintain such insurance as will protect it against claims that may arise from operations under this
Agreement.
8.4 Insurance to Protect Project
8.4.1 Removed
8.4.1.1 If CUSTOMER finds it necessary to occupy or use a portion or portions of the Facilities prior to
Substantial Completion thereof, such occupancy shall not commence prior to a time mutually agreed to by CUSTOMER
and VEREGY and to which the insurance company or companies providing the property insurance have consented by
endorsement to the policy or policies. This insurance shall not be canceled or lapsed on account of such partial occupancy.
Consent of VEREGY and of the insurance company or companies to such occupancy or use shall not be unreasonably
withheld.
8.4.2 Removed
8.4.3 Removed
8.5 Property Insurance Loss Adjustment
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8.5.1 Any insured loss shall be adjusted with CUSTOMER and VEREGY and made payable to CUSTOMER and
VEREGY as trustees for the insureds, as their interests may appear, subject to any applicable mortgagee clause.
8.5.2 Upon the occurrence of an insured loss, monies received will be deposited in a separate account and the trustees
shall make distribution in accordance with the agreement of the parties in interest.
8.6 Waiver of Subrogation
8.6.1 CUSTOMER and VEREGY waive all rights against each other, Architects and Engineers, Subcontractors and
Sub-subcontractors for damages caused by perils covered by insurance provided under Paragraph 8.4, except such rights as
they may have to the proceeds of such insurance held by CUSTOMER and VEREGY as trustees. VEREGY may require
similar waivers from all Subcontractors and Sub-subcontractors.
8.6.2 CUSTOMER and VEREGY waive all rights against each other, Architects and Engineers, Subcontractor and Sub-
subcontractors for loss or damage to any equipment used in connection with the Project, which loss is covered by any
property insurance. VEREGY may require similar waivers from all Subcontractors and Sub-subcontractors.
8.6.3 Removed
8.6.4 If the policies of insurance referred to in this Paragraph 8.6 require an endorsement to provide for continued
coverage where there is a waiver of subrogation, the owners of such policies will cause them to be so endorsed.
8.7 Limitation of Liability
8.7.1 In no event shall VEREGY be liable for any special, incidental, indirect, speculative, remote, or consequential
damages arising from, relating to, or connected with the work, equipment, materials, or any goods or services provided
hereunder. The CUSTOMER waives claims against VEREGY for consequential damages arising out of or relating to this
Agreement. This waiver includes damages incurred by CUSTOMER for rental expenses, for losses of use, income, profit,
financing, business and reputation, and for loss of management or employee productivity or of the services of such persons.
ARTICLE 9
TERMINATION OF THE AGREEMENT
9.1 If VEREGY defaults in, or fails or neglects to carry forward the Work in accordance with this Agreement,
CUSTOMER may provide notice in writing of its intention to terminate this Agreement to VEREGY. If VEREGY,
following receipt of such written notice, neglects to cure or correct the identified deficiencies within thirty (30) business
days, CUSTOMER may provide a second written notice. If VEREGY has not, within thirty (30) business days after receipt
of such notice, acted to remedy and make good such deficiencies, CUSTOMER may terminate this Agreement and take
possession of the site together with all materials thereon, and move to complete the Work itself expediently. If the unpaid
balance of the contract sum exceeds the expense of finishing the Work, the excess shall be paid to VEREGY, but if the
expense exceeds the unpaid balance, VEREGY shall pay the difference to CUSTOMER.
9.2 If CUSTOMER fails to make payments as they become due, or otherwise defaults or breaches its obligations under
this Agreement, VEREGY may give written notice to CUSTOMER of VEREGY's intention to terminate this Agreement.
If, within fifteen (15) days following receipt of such notice, CUSTOMER fails to make the payments then due, or otherwise
fails to cure or perform its obligations, VEREGY may, by written notice to CUSTOMER, terminate this Agreement and
recover from CUSTOMER payment for Work executed and for losses sustained for materials, tools, construction equipment
and machinery, including but not limited to, reasonable overhead, profit and applicable damages.
ARTICLE 10
ASSIGNMENT
10.1 Neither party to the Agreement shall assign this Agreement or sublet it as a whole without the written consent of
the other party. Such consent shall not be reasonably withheld, except that VEREGY may assign to another party the right
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to receive payments due under this Agreement. VEREGY may enter into subcontracts for the Work without obtaining
CUSTOMER’s consent.
ARTICLE 11
MISCELLANEOUS PROVISIONS
11.1 The Table of Contents and headings in this Agreement are for information and convenience only and do not modify
the obligations of this Agreement.
11.2 Confidentiality. As used herein, the term “CONFIDENTIAL INFORMATION” shall mean any information in
readable form or in machine readable form, including software supplied to CUSTOMER by VEREGY that has been
identified or labeled as “Confidential” and/or “Proprietary” or with words of similar import. CONFIDENTIAL
INFORMATION shall also mean any information that is disclosed orally and is designated as “Confidential” and/or
“Proprietary” or with words of similar import at the time of disclosure and is reduced to writing, marked as “Confidential”
and/or “Proprietary” or with words of similar import, and supplied to the receiving party within ten (10) days of disclosure.
All rights in and to CONFIDENTIAL INFORMATION and to any proprietary and/or novel features contained in
CONFIDENTIAL INFORMATION disclosed are reserved by the disclosing party; and the party receiving such disclosure
will not use the CONFIDENTIAL INFORMATION for any purpose except in the performance of this Agreement and will
not disclose any of the CONFIDENTIAL INFORMATION to benefit itself or to damage the disclosing party. This
prohibition includes any business information (strategic plans, etc.) that may become known to either party.
Each party shall, upon request of the other party or upon completion or earlier termination of this Agreement, return the
other party’s CONFIDENTIAL INFORMATION and all copies thereof.
Notwithstanding the foregoing provisions, neither party shall be liable for any disclosure or use of information disclosed or
communicated by the other party if the information:
(a) is publicly available at the time of disclosure or later becomes publicly available other than through breach of this
Agreement; or
(b) is known to the receiving party at the time of disclosure; or
(c) is subsequently rightfully obtained from a third party on an unrestricted basis; or
(d) is eligible for disclosure under Indiana’s Public Records Act; or
(e) is approved for release in writing by an authorized representative of the disclosing party.
The obligation of this Article shall survive any expiration, cancellation or termination of this Agreement.
11.3 If any provision is held illegal, invalid or unenforceable, the remaining provisions of this Agreement shall be
construed and interpreted to achieve the purposes of the Parties.
11.4 Risk of loss for all equipment and materials provided by VEREGY hereunder shall transfer to CUSTOMER upon
delivery to CUSTOMER’s Facilities from VEREGY or its Subcontractor and title shall pass upon final acceptance or final
payment by CUSTOMER to VEREGY, whichever occurs later.
11.5 Final notice or other communications required or permitted hereunder shall be sufficiently given if personally
delivered to the person specified below, or if sent by registered or certified mail, return receipt requested, postage prepaid,
addressed as follows:
To VEREGY IN, LLC:
Attention:
To CUSTOMER:
Attention:
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11.6 Waiver. VEREGY’s failure to insist upon the performance or fulfillment of any of CUSTOMER’s obligations
under this Agreement shall not be deemed or construed as a waiver or relinquishment of the future performance of any such
right or obligation hereunder.
11.7 If any provision of this Agreement or the application thereof to any circumstances shall be held to be invalid or
unenforceable, then the remaining provisions of this Agreement or the application thereof to other circumstances shall not
be affected hereby and shall be valid and enforceable to the fullest extent permitted by law.
11.8 Performance/Payment Bond. VEREGY shall furnish and pay for an approved one hundred percent
(100%) combination performance and payment bond. This bond shall adhere to the requirements of IC 4-13.6-7-6, IC 4-
13.6-7-7 and IC 36-112-5 as amended and shall cover the faithful performance of the Agreement and the payment of all
obligations arising thereunder, including reimbursement for any stored materials paid for but returned to materialmen, with
such sureties as the CUSTOMER may approve. The combination bond shall remain in effect throughout the entire
construction period and in addition for a period of one year form the date of final acceptance. VEREGY shall deliver the
required bonds to the CUSTOMER prior to execution of the Contract by CUSTOMER unless authorized to the contrary in
writing by the CUSTOMER. All bonds must be issued by bonding companies, which are licensed and approved by the
Indiana Insurance Commission.
11.9 This bond covers only the performance and payment exposure associated with the performance of the construction
portion of the work. The energy savings, additional savings, guaranteed savings, savings shortfalls are not under any
circumstances covered under this bond or an obligation for which the surety is responsible. Separately, at the CUSTOMER’s
discretion, the CUSTOMER may obtain at CUSTOMER’s expense an annual Energy Savings Bond equal to the Annual
Energy Savings as indicated in Attachment E.
11.10 Escrow. Contemporaneously with the execution of this Agreement, the parties shall provide for the escrow of
payments to VEREGY.
11.11 Ambiguities. The parties have each had the opportunity to review and negotiate the terms of this Agreement, and
any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the
interpretation of this Agreement.
11.12 Headings. The section headings contained herein are intended for convenience and reference only, and are not a
part of this Agreement.
11.13 Authority to Enter into this Contract. The persons signing the Agreement on behalf of the parties are authorized
to execute and accept contracts of this nature.
11.14 CUSTOMER Representations. To the extent applicable, the CUSTOMER warrants that it has the necessary
power and authority to enter into this Agreement and this Agreement has been duly authorized by its duly elected
representatives. This Agreement is a legal, valid and binding obligation of the CUSTOMER.
ARTICLE 12
LIMIT OF LIABILITY – FIRE AND/OR SECURITY SYSTEMS
12.1 The parties agree that VEREGY is not an insurer; that the fire and/or security system and/or Service purchased
herein is designed only to reduce the risk of loss; that CUSTOMER chose such system and/or Service from several levels
of protection offered by VEREGY; that VEREGY will not be held liable for any loss, whether in tort or contract, which
may arise from the failure of the system and/or Service; and that CUSTOMER will indemnify, defend and save VEREGY
harmless from any and all loss, claims, actions, causes of actions or expense, including attorneys' fees, arising from the
actual or alleged malfunction or nonfunction of the system and/or service. The parties further agree that this Agreement
shall not confer any rights on the part of any person or entity not a party hereto, whether as a third-party beneficiary or
otherwise.
Because it is extremely difficult to assess actual damages arising from the failure of a system and/or service, the parties
agree that if any liability is imposed on VEREGY for damages or personal injury to either CUSTOMER or any third party,
13
such liability shall be limited to an aggregate amount not to exceed the value of the system installed. This sum shall be paid
either as (i) liquidated damages and not as a penalty, or (ii) a limitation of liability agreed upon by the parties. No suit or
action shall be brought against VEREGY more than one (1) year after the accrual of the cause of action thereof.
ARTICLE 13
ALLOCATION OF SECTION 179D DEDUCTION TO DESIGNER
13.1 CUSTOMER acknowledges and represents that the project site where VEREGY’s Work is to be performed and
all building and improvements located on the same are “government-owned buildings” as CUSTOMER is a political
subdivision and CUSTOMER owns said property, building and other improvements where the Work is to be performed.
CUSTOMER hereby allocates to VEREGY any and all Section 179D deductions for the Work. CUSTOMER further
acknowledges that VEREGY is the entity that has created and is primarily responsible for the technical specifications for
installation of energy efficient work at CUSTOMER’s commercial building property, as described herein. CUSTOMER
agrees to complete and execute the “Form for Allocation of Section 179D Deduction”, which is attached hereto as
Attachment I and incorporated herein by reference. CUSTOMER also agrees to participate in any analysis, inspection and/or
certification required by statute or otherwise deemed necessary by VEREGY to ensure that VEREGY receives the Section
179D deduction.
ARTICLE 14
SUBSEQUENT PHASES OF WORK
14.1 Additions and modifications to this Agreement may be made upon the mutual agreement of both parties in writing.
The parties contemplate that such modifications may include but are not limited to the installation of additional
improvement measures, energy conservation measures, facility improvement measures and operational efficiency
improvements or furnishing of additional services within the identified facilities, as well as other facilities owned and
operated by the CUSTOMER.
If the Work is divided into phases or individual projects for which individual prices have been negotiated, then separate
Commencement Dates shall apply to each phase or individual project. These projects, modifications, and modifications to
the original scope of Work or Services and may be included as addendums to the Master Agreement.
14
APPROVALS:
The parties hereby execute this Agreement as of the date first set forth herein by the signatures of their duly authorized
representatives:
VEREGY IN, LLC
By By
Name Name
Title Title
Date Date
December 10, 2024
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ATTACHMENT A: SCOPE OF WORK
ECM 1 – Dewatering Facility Solar PV Array
One solar array of 300 kWac for the dewatering building’s main electric service.
• Furnish and install photovoltaic panels in accordance with the layout provided in this contract, with customer selected
Crossroads Solar 545W modules or similar. Layout shown in the Helioscope Report below is subject to change.
• Furnish and install (5) 277/480V inverters, CPS 60kWac string inverters or similar.
• Furnish and install all related AC/DC wiring, 600A AC Combiner panel and 600A AC Disconnect.
• Furnish and install Terrasmart Wave Single Post racking or similar.
• Furnish and install ballast blocks where driven posts are problematic due to underground infrastructure.
• Furnish and install all associated protective devices such as fuses.
• Furnish and install of SCADA energy monitoring system.
• Remove (4) Trees located on the East side of the array
• Remove southern most parking lot light in the parking lot, leaving the middle and northern light in operation.
• Remove asphalt parking surface on the north side of the array.
• Final grade and grass seed of solar array area inside the fenced boundaries.
• Furnish and install of 6’ fencing at a 12’ setback from the modules with one 8’ double gate. Fencing will be installed
on the North and West sides of the array, repurposing existing fencing on the East and South sides.
• Professional Engineer stamped design and drawings.
• Interconnection Application completion.
• PV commissioning.
• Furnish trash dumpster service.
• Furnish portable restroom facilities.
• Daily clean-up of packaging and any other materials.
• Keep drives and sidewalks clear of sediment and spoils daily.
• Assist with filing of IRA incentive as follows:
Customer is seeking to qualify for increased credit amounts under §§ 45, 45Y, 48, and 48E.
As part of their negotiations of this Contract, Customer and Veregy have discussed Customer’s federal funding goals on this
Project. Veregy has provided input on this issue based on its experience on other projects and its understanding of the current
state of the law with regard to federal funding under the Inflation Reduction Act (IRA) and will continue to provide such input
going forward. It is understood between the Parties that any such input from Veregy has been, is being, and will be provided to
aid Customer and its consultants in developing and executing a plan regarding securing federal funding and complying with
any preconditions and requirements relating to such funding. It is the responsibility of Customer and/or its consultants to verify
the accuracy and validity of any information supplied by Veregy in connection with Customer’s federal funding goals or the
procedure for selecting and/or securing / applying for the desired federal funding, except to the extent that Veregy is
responsible for the accuracy of the technical data and specifications of any equipment and/or materials furnished by it, as well
as for the accuracy of backup regarding labor provided by Veregy that Veregy may provide in connection with an application
for federal funds.
Veregy’s role in the process of Customer’s application for federal funding, including but not limited to energy credits under the
IRA, is limited to complying with reasonable requests by Customer and/or its consultants for information and documentation
that is (1) actually needed to support Customer’s application for federal funding or to establish Customer’s compliance with
funding requirements, and (2) is in Veregy’s sole possession or Veregy’s exclusive sphere of knowledge. To the extent that
Veregy information and documentation fitting the aforementioned criteria is reasonably requested by Customer and/or
Customer’s consultants to reasonably support Customer’s application for federal funding or its compliance with federal
funding requirements, Veregy shall comply with such request in a timely manner, subject to the establishment of procedures
and limitations that will protect Veregy’s confidential and proprietary information, such as subcontractor pricing, internal cost
analyses and profit margins of Veregy, and the like. If Veregy determines in its reasonable discretion that requests by Customer
and/or its consultants for information and documentation (including those relayed on behalf of the IRS/Treasury) pertain to
Veregy’s confidential and/or proprietary information and documentation, Customer agrees to cooperate with Veregy to ensure
that any such information and documentation is furnished in a manner that prevents Customer and third parties not involved in
the evaluation of Customer’s application for federal funding from accessing such information and/or documentation, including
the drafting and execution of appropriate agreements to protect Veregy’s confidential and/or proprietary information and/or
documentation.
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The Parties understand that the Department of the Treasury (“Department”) and the Internal Revenue Service (“IRS”) have
issued initial guidance / proposed rules regarding the provisions of §§ 30C, 45, 45L, 45Q, 45U, 45V, 45Y, 45Z, 48, 48C, 48E,
and 179D of the Internal Revenue Code (“Code”), as amended or added by Public Law 117-169, 136 Stat. 1818 (August 16,
2022), commonly known as the Inflation Reduction Act of 2022 (“IRA”). The existing guidance is neither final as to many
provisions/topics, nor all-encompassing. Contractor’s assistance to Customer in determining the Project specifics with an eye
toward securing tax credits, direct payments or grants under the Inflation Reduction Act is based on Contractor’s understanding
of the guidance / proposed rules in existence on the date of the Contract. Contractor does not warrant or guarantee that the
Treasury Department / IRS will agree with Contractor’s understanding, or that (1) Customer will be successful in securing any
tax credits, direct payments or grants under the Inflation Reduction Act, or (2) that Customer’s cost associated with meeting the
preconditions for any tax credit, direct payment or grant under the Inflation Reduction Act will be at the level predicted by
Contractor. Customer agrees that any decision on whether or how to pursue any tax credits, direct payments or grants under the
Inflation Reduction Act, and any decision on how to ensure compliance with any pertinent requirements, preconditions, rules
and regulations applicable to securing and/or applying for any tax credits, direct payments or grants under the Inflation
Reduction Act, is based upon Customer’s own, independent research, and not on that of Contractor.
Exclusions:
• Utility Upgrades / Grid Impact Studies
• Re-routing or modification of underground infrastructure.
• Back Up Power Generation during Interconnection Outage
• Costs associated with filing for IRA rebate.
• Filing for IRA rebate is the responsibility of the City of South Bend.
• Compliance with Domestic Content IRA Incentive
17
Solar Array Layout:
18
Asphalt to be removed: (Dimensions are approximate)
19
Trees to be removed:
ECM 2 – HVAC Controls at Headworks and Administration Buildings
Replace Controls – Administration & Headworks Buildings
1. Replace the existing building control systems in the administration and headworks building with new DDC, Tridium
based control systems. The systems will be open protocol. The work only includes the building temperature control
systems and not the process control system (SCADA system).
a. Headworks Building
i. The existing control system in this building is a mix of pneumatic, electrical and DDC controls.
1. Demolition Work
a. Remove existing control panels including enclosures.
b. Remove pneumatic tubing and unused control wiring.
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i. Remove to 8 feet above floor in mechanical rooms.
ii. Remove to above ceiling or to wall penetration. Tubing and wiring
above ceilings and inside walls will be abandoned in place.
c. Remove pneumatic actuators on valves and dampers and any linkages that are not
to be reused.
d. Cap off compressed air that is feeding pneumatic system.
e. Retain temperature, pressure and flow sensors for reuse.
f. Some control wiring will be reused as appropriate.
g. Retain power wiring for reuse.
2. New Work
a. Provide new DDC, Tridium based controllers. Controllers to be mounted in
enclosures mounted on the walls of mechanical rooms. Only exception is VAV
box controllers which will be mounted on side of VAV box.
b. Provide new wiring to sensors, actuators and equipment with internal controls to
be interfaced with.
c. Provide new electronic actuators for dampers and heating water valves.
d. Provide new software
i. Interface to software will be via a Graphical User Interface (GUI) that is
accessible by standard internet browser. Software licenses will be given
to Customer.
ii. Access can be secured with multiple levels of passwords as needed, but
all passwords will be given to Customer.
iii. GUI will include simple floor plans for navigation. Graphical
representation of each piece of equipment will be provided in the GUI.
iv. The controls will be for all the original control points without any added
control points.
3. Commissioning
a. The new building control system will be commissioned to be certain of correct
damper & valve actuation, sensor calibration, etc. The Customer will be invited to
witness the commissioning process.
b. If an additional commissioning site visit is required during another season, it will
be provided.
4. Documentation & Training
a. Control diagrams, lists of equipment and sequences of operation will be included
in an operations and maintenance manual at the end of the project. This manual
will also include any maintenance documentation for the equipment installed as
well as each device’s datasheet.
b. A training session will be provided, not to exceed 8 hours. The session can be
documented or recorded.
c. Phone support with remote access will be provided during the one year warranty
period. Any device that was installed by Veregy that fails will be replaced during
this period.
b. Administration Building
i. The existing control system in this building is mostly DDC controls.
1. Demolition Work
a. Remove existing control panels including enclosures.
b. Remove unused control wiring.
i. Remove to 8 feet above floor in mechanical rooms.
ii. Remove to above ceiling or to wall penetration. Wiring above ceilings
and inside walls will be abandoned in place.
c. Retain temperature, pressure and flow sensors for reuse.
d. Some control wiring will be reused as appropriate.
e. Retain power wiring for reuse.
2. New Work
a. Provide new DDC, Tridium based controllers. Controllers to be mounted in
enclosures mounted on the walls of mechanical rooms. Only exception is VAV
box controllers which will be mounted on side of VAV box.
21
b. Provide new wiring to sensors, actuators and equipment with internal controls to
be interfaced with.
c. Provide new electronic actuators for dampers and heating water valves.
d. Provide new software
i. Interface to software will be via a Graphical User Interface (GUI) that is
accessible by standard internet browser. Software licenses will be given
to Customer.
ii. Access can be secured with multiple levels of passwords as needed, but
all passwords will be given to Customer.
iii. GUI will include simple floor plans for navigation. Graphical
representation of each piece of equipment will be provided in the GUI.
iv. The controls will be for all the original control points without any added
control points.
3. Commissioning
a. The new building control system will be commissioned to be certain of correct
damper & valve actuation, sensor calibration, etc. The Customer will be invited
witness the commissioning process.
b. If an additional commissioning site visit is required during another season, it will
be provided.
4. Documentation & Training
a. Control diagrams, lists of equipment and sequences of operation will be included
in an operations and maintenance manual at the end of the project. This manual
will also include any maintenance documentation for the equipment installed as
well as each device’s datasheet.
b. A training session will be provided, not to exceed 8 hours. The session can be
documented or recorded.
c. Phone support with remote access will be provided during the one-year warranty
period. Any device that was installed by Veregy that fails will be replaced during
this period.
Exclusions
1. No demolition of wiring or pneumatic tubing in concealed spaces or above 8 feet in mechanical rooms.
2. No additional controls points beyond the points of control in existing system.
3. Controls in the generator building behind the headworks building are excluded. Controls in this building will be
abandoned in place.
4. No removal of air compressor in the generator building.
ECM 3 – LED Lighting Administration Building
The scope is as follows:
Remove and replace the following light fixtures / bulbs.
• Work to be scheduled and completed during day shift hours.
• Veregy and its contractors will be responsible for trash and basic cleanup of areas affected by lamp replacement.
22
ECM 4 - Air Cooled Condensing Unit Replacement – Headworks Building
1. Replace one 7 ½ ton Air Cooled Condensing Unit (ACCU) and associated DX coil and piping.
a. Demolition
i. Remove existing ACCU from roof of building.
ii. Remove refrigeration piping.
iii. Remove DX cooling coil in AHU.
iv. Retain control wiring, electrical power, and roof rails for reuse.
v. Reclaim and recycle refrigerant.
b. New Work
i. Provide new ACCU.
1. Carrier (or equal), 14.8 IEER or better. Unit to include 5 year parts and labor
warranty on entire unit, unit mounted fused disconnect, coil guards, vibration
isolators, site glass and thermal expansion valve.
2. Provide structural rails as needed.
3. Reconnect to existing electrical.
4. Reconnect to existing control wiring.
ii. Provide new DX coil in AHU
1. Coil to be supplied by same manufacturer as ACCU or approved by ACCU
manufacturer.
2. AHU shell penetrations and seams to be sealed.
3. While AHU is open, clean and disinfect condensate pan, condensate trap and
interior surface of cooling coil section of AHU.
iii. Provide new refrigerant piping.
1. New refrigerant piping to be sized by manufacturer based on actual field conditions.
2. Refrigerant suction lines to be insulated with ¾” Rubatex type insulation. All exterior
insulation to have a vinyl covering with stainless steel bands. Refrigerant piping to be
supported every 4 feet with treated wood 4x4 with support bracket allowing for expansion.
iv. Provide refrigerant fill, testing and startup.
Exclusions:
i. No structural work included besides adapting to the existing supports.
ii. Electrical work at panel.
ECM 5 - Dewatering Building - Add Cooling to Office
1. Provide a 2-ton mini-split style air conditioning unit, wall mounted inside unit, and refrigerant piping to cool the
Lighting
Retrofit
Description
Quantity
Installed
Quantity
Measured
Existing
Watts/Fixtu
re
Estimated
Watts/Fixtu
re
Watts/Fixtu
re
Guaranteed
LED Bulb 1 1 75 17 15
LED Fixture 7 1 65 12 76
LED Fixture 3 1 128 28 76
LED Fixture 5 1 128 38
171
LED Fixture 3 1 128 32
86
LED Fixture 19 2 64 40
1,368
LED Fixture 84 9 96 40
27,216
29,008
23
office/lab in the sludge building.
a. New Work
i. Provide new 2-ton ductless, mini split unit.
1. Mitsubishi (or equal), 18 SEER or better with inverter driven compressor.
2. Mount outside unit on exterior south wall of building.
3. Mount inside unit on south wall of office, approximately midway on wall. Provide metal
covering for line set.
4. Provide thermostat for unit control.
5. Provide power from existing electrical panel. Provide a wall mounted disconnect adjacent
to ACCU. All conduit to be rigid except final run from disconnect to unit.
6. This unit to be used for cooling only and is to be locked out when existing furnace is in
heating.
ii. Provide refrigerant fill, testing and startup.
iii. Remove and dispose of window air conditioner. Provide metal covering in place of where air
conditioner is removed. Covering to be double layer of metal with insulation sandwiched between.
Exterior and interior of panel to be painted.
Exclusions:
i. No work on existing furnace included.
ii. No replacement windowpane, just flat panel as stated.
iii. It is assumed that an electrical circuit is available in local panel.
24
ATTACHMENT B: INSTALLATION SCHEDULE
1. The following is the installation schedule for the project.
25
ATTACHMENT C: PAYMENT SCHEDULE
1. The following are the payment schedules for the project.
Construction of the Project
The project shall be invoiced on a monthly basis for the work completed and equipment ordered for the project. These
progress invoices shall be submitted on the last day of each month. All invoices shall be billed as net thirty (30) days.
A mobilization fee will be due upon contract execution for 10% of the contract price.
Measurement & Verification
Measurement and Verification will be invoiced annually following the 5th year of the contract. A proposal for these services
will be provided during year 4.
Ongoing Services
Ongoing Services will be invoiced annually. All invoices shall be billed as net thirty (30) days.
26
ATTACHMENT D: ENERGY GUARANTEE
1. DEFINITIONS
When used in this Agreement, the following capitalized words shall have the meanings ascribed to them below:
“Avoided Energy Costs” are the avoided costs calculated by multiplying the Energy Savings by the Energy Rates as established
in Attachment E. These rates are established based on current billing and/or rate schedules as applicable. Future rates may vary
from the rates identified in Attachment E. Avoided Energy Cost may also include, but are not limited to, Savings from power
factor correction, taxes, ratchet charges, rate changes and other utility tariff charges that are reduced as a result of the VEREGY
involvement.
“Avoided Operational Costs” is defined as the reduction in Operational Costs achieved as a result of the implementation of the
Retrofit. These savings are as agreed to between VEREGY and CUSTOMER, and as such are not verified. Avoided Operational
Costs, if any, are shown in Attachment E.
“Avoided Related Capital Expenditure Costs” is defined as planned or budgeted expenses for the replacement of systems or
equipment that would have occurred had the Work not been performed and are agreed to between VEREGY and CUSTOMER.
These savings are as agreed to between VEREGY and CUSTOMER, and as such are not verified. Avoided Related Capital
Expenditure Costs, if any, are shown in Attachment E.
"Baseline Period" is the defined period of time chosen to represent the Facilities' operations and energy use prior to the
implementation of the Energy Conservation Measures.
"Baseline Period Energy Use or Demand" is the energy consumption or demand by a piece of equipment or a site occurring
during the Baseline Period without adjustments. Baseline physical conditions, such as equipment counts, nameplate date, and
control strategies, will typically be determined through surveys, inspections, and/or metering at the site.
“Commissioning Period” refers to the period between Final Completion and Final Retrofit Acceptance as defined herein. This
period will be used to “fine tune” and adjust each system to perform the energy and operational savings as designated in
Attachment E. This period is a minimum of 12 months unless specifically agreed upon otherwise in this Agreement. This
period can be extended beyond 12 months at the mutual Agreement of VEREGY and CUSTOMER.
"Energy Use and Operational Cost Avoidance Guarantee Practices" are those practices identified in Attachment E,
intended to achieve Energy Savings, resulting Avoided Energy Costs, and/or Avoided Operational Costs.
"Energy Costs” may include the cost of electricity and fuels to operate HVAC equipment, Facility mechanical and lighting
systems, and energy management systems, and the cost of water and sewer usage, as applicable.
"Energy Conservation Measure (ECM)” is the installation of equipment or systems, or modification of equipment or
systems as described in Attachment A.
“Energy Rates” are Energy Costs per unit of energy.
"Energy Savings” is the reduction in energy use or demand as relative to the energy use or demand identified during the Baseline
Period. This equates to (Baseline Period Energy) – (Reporting Period Energy) ± Adjustments. This also includes energy
production from systems such as photovoltaic systems, wind turbines, etc.
"Facilities" shall mean those buildings where the energy use and operational cost savings will be realized.
"F.E.M.P." shall mean the Federal Energy Management Program of the U.S. Department of Energy and its Measurement and
Verification Guidelines for Federal Energy Projects (November 2015, or later versions). The F.E.M.P. guidelines classify
measurement and verification approaches as Option A, Option B, Option C, and Option D. The F.E.M.P. guidelines are based
on the International Performance Measurement and Verification Protocol (I.P.M.V.P.) and were written to be fully consistent
with it. It is intended to be used by Federal procurement teams consisting of contracting and technical specialists. The focus of
F.E.M.P. guidelines is on choosing the M&V option and method most appropriate for specific projects.
27
"Financing Document" refers to that document executed between CUSTOMER and a third-party financing entity providing
for payments from CUSTOMER third-party financing entity.
"Final Project Acceptance" refers to CUSTOMER acceptance of the installation of the ECMs as described in Attachment A.
"First Guarantee Year" is defined as the period beginning on the first (1st) day of the month following the date of Final
Acceptance of the Work installed and ending on the day prior to the first (1st) anniversary thereof.
"Guarantee Period" is defined as the period beginning on the first (1st) day of the First Guarantee Year and ending on the last
day of the final Guarantee Year.
"Guarantee Year" is defined as the First Guarantee Year and each of the successive twelve (12) month periods commencing
on the anniversary of the commencement of the First Guarantee Year throughout the Term of this Agreement.
"Guaranteed Savings" is defined as the amount of Energy Savings, resulting Avoided Energy Costs as determined using the
rates as identified in Attachment E, Avoided Operational Costs, and Avoided Future Costs necessary to pay for the cost of the
Work incurred by CUSTOMER in each Guarantee Year (as identified in Section 3.1 hereof).
"I.P.M.V.P." International Performance Measurement and Verification Protocol (2022 or later version) provides an overview
of current best practice techniques available for measurement and verification of performance Agreements. This document is
the basis for the F.E.M.P. protocol and is fully consistent with it. The techniques are classified as Option A, Option B, Option
C, and Option D.
"Measurement and Verification Plan" (M&V Plan) is defined as the plan providing details on how the Guaranteed Energy
Savings will be verified.
"Operational Costs" shall include the cost of operating and maintaining the Facilities, such as, but not limited to, the cost of
inside and outside labor to repair and maintain the ECMs, the cost of custodial supplies, the cost of replacement parts, the cost
of deferred maintenance, the cost of lamp and ballast disposal, and the cost of new capital equipment.
"Option A" Retrofit Isolation with Key Parameter(s) Measurement is a verification approach used for ECMs in which
energy use or demand of the equipment can be isolated from that of the remainder of the Facility. Key parameters impacting
the Energy Savings are measured pre- and post-installation, while some parameters may be estimated. This is the most cost-
effective method for verification of savings. Option A involves:
Identifying key parameters to be measured; and
Parameters that are not impacted by the ECM have been determined and;
Operational Verification, which includes confirming:
The equipment and/or systems that were to be installed under this Agreement have been installed; and
The installed equipment is operating and functioning in accordance with the specifications in the Agreement
The installed equipment components or systems continue, during the term of the Agreement, to meet the specifications of the
Agreement and are maintained by CUSTOMER or VEREGY as required per the Agreement.
"Option B" Retrofit Isolation with All Parameter Measurement is a verification approach used for ECMs in which energy
use or demand of the equipment can be isolated from that of the remainder of the Facility, and the ECM has variable loads and
operating hours. All parameters impacting the Energy Savings are measured pre- and post-installation. Option B involves:
Identifying all parameters associated with the Energy Savings; and
Operational Verification, as outlined under Option A.
"Option C" Whole Facility is a verification approach where Energy Savings are determined by measuring post-retrofit energy
use at the whole Facility or sub-Facility level and comparing it to the measured baseline energy use. This is typically done
through utility billing data. This verification approach is more often used when the ECM affects many systems within a
Facility. Adjustments are made to the Baseline Energy Use to reflect operational or external changes from the Baseline Period
to the Guarantee Year. Operational Verification is performed as identified under Option A.
28
"Option D" Calibrated Simulation is a verification approach where baseline energy use is determined using a calibrated
simulation and is compared to a simulation of Guarantee Year energy use. 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. Operational Verification is performed as identified
under Option A.
"Retrofit" is the work provided by VEREGY as defined by the "ECMs".
"Savings" is defined as avoided, defrayed, or reallocated costs.
“Stipulated Savings” is defined as Energy Savings that have calculated and documented using industry engineering standards.
"Term" shall have the meaning as defined in Section 2 hereof.
"Total Guarantee Year Savings" is defined as the summation of Avoided Energy, Operational and Future Costs realized by
Facilities in each Guarantee Year as a result of the Retrofit provided by VEREGY as well as Excess Savings, if any, carried
forward from previous years.
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
date of Final Project Acceptance of the Work installed 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 in Section 1 of
Attachment E.
2.2 Guarantee Termination. Should this Agreement be terminated in whole or in part for any reason prior to the end of
the Term, the Guaranteed Savings for the Guarantee Year in which such termination becomes effective shall be prorated as of
the effective date of such termination, with a reasonable adjustment for seasonal fluctuations in Energy and Operational Costs,
and the Guaranteed Savings for all subsequent Guarantee Years shall be null and void.
3. SAVINGS GUARANTEE
3.1 Guaranteed Savings. VEREGY guarantees to CUSTOMER that the identified Facilities will realize the total
Avoided Energy, Operational, and Future Costs through the combined value of all ECMs over the Term of the Agreement as
defined in Section 1 of Attachment E. In no event shall the Savings Guarantee provided herein exceed the total contract value
for the Work under this Agreement. Notwithstanding any other provision of this Agreement requiring savings reconciliation or
verification, the Total Guarantee Year Savings in each Guarantee Year are stipulated and agreed to by both parties to this
Agreement to equal the Avoided Energy, Operational, and Future Cost amounts set forth in Attachment E, and shall be deemed
realized upon the date of final Project Acceptance. The total Avoided Energy, Operational, and Future Cost and increase in
billable revenues due to the ECMs are guaranteed to cover the costs of the payments for the measures; and VEREGY will
reimburse CUSTOMER for the difference between the Guaranteed Savings and the actual Savings.
3.1.1 Additional Savings. Additional energy and/or operational cost avoidance that can be demonstrated as a result of
VEREGY's efforts that result in no additional costs to CUSTOMER beyond the costs identified in this Agreement will be
included in the guaranteed savings reconciliation report for the applicable Guarantee Years(s).
3.1.2 Savings Prior to Final Retrofit Acceptance. All Avoided Energy and Operational Costs realized by CUSTOMER
that result from activities undertaken by VEREGY prior to Final Project Acceptance, including any utility rebates or other
incentives earned as a direct result of the installed ECMs provided by VEREGY, will be applied toward the Guaranteed
Savings for the First Guarantee Year.
3.1.3 Cumulation of Savings. The Guaranteed Savings in each Guarantee Year are considered satisfied if the Total
Guarantee Year Savings for such Guarantee Year equals or exceeds the Retrofit and Support Costs for such Guarantee Year or
the amount identified in Section 1 of Attachment E hereto.
29
3.1.4 Excess Savings. In the event that the Total Guarantee Year Savings in any Guarantee Year exceed the Guaranteed
Savings required for that Guarantee Year, such Excess Savings shall be a credit to VEREGY and any remaining Excess
Savings shall be carried forward and applied against Guaranteed Savings shortfalls in any future Guarantee Year.
3.1.5 Savings Shortfalls. In the event that the Total Guarantee Year Savings in any Guarantee Year is less than the
Guaranteed Savings required for that Guarantee Year, after giving credit for any Excess Savings carried forward from previous
Guarantee Years pursuant to Section 3.1.4. VEREGY shall, upon receipt of written demand from CUSTOMER, compensate
CUSTOMER the amount of any such shortfall, limited by the value of the guarantee, within thirty (30) days. Resulting
compensation shall be VEREGY's sole liability for any short fall in the Guaranteed Savings. VEREGY shall, at no cost to
CUSTOMER, have the option to make additional improvements or changes to the work to avoid future shortfalls.
3.2 Savings Reconciliation Documentation. VEREGY will provide CUSTOMER with a Guaranteed Savings
Reconciliation Report after the first Guarantee Year and beyond as determined in this Agreement, if applicable. CUSTOMER
will assist VEREGY in generating the Guaranteed Savings Reconciliation Report by providing VEREGY with copies of all
bills pertaining to Energy Costs within two (2) weeks following CUSTOMER's receipt thereof, together with access to relevant
records relating to such Energy Costs. CUSTOMER will also assist VEREGY by permitting access to any maintenance
records, drawings, or other data deemed necessary by VEREGY to generate the said report. Data and calculations utilized by
VEREGY in the preparation of its Guaranteed Savings Reconciliation Report will be made available to CUSTOMER along
with such explanations and clarifications as CUSTOMER may reasonably request.
3.2.1 Acceptance of Guarantee Reconciliation. At the end of each Guarantee Year CUSTOMER will have forty-five (45)
days to review the Guaranteed Savings Reconciliation Report and provide written notice to VEREGY of non-acceptance of the
Guarantee Savings for that Guarantee Year. Failure to provide written notice within forty-five (45) days of the receipt of the
Guaranteed Savings Reconciliation Report will deem it accepted by CUSTOMER. If the annual Guaranteed Savings have been
met after the first year, the Guarantee will be deemed realized for the entire Guarantee Term.
3.2.2 Guaranteed Savings Reconciliation. Guaranteed Savings will be determined in accordance with the methodology(s),
operating parameters, formulas, and constants as described below and/or defined in Attachment E and/or additional
methodologies defined by VEREGY that may be negotiated with CUSTOMER at any time.
For reconciliation of Guaranteed Savings using the method consistent with I.P.M.V.P. and/or F.E.M.P. Options A and/or B:
For each ECM, VEREGY will employ an M&V Plan which may be comprised of any or all of the following elements:
Pre-retrofit measurement of energy consumption or demand
Post-retrofit measured energy consumption or demand
Post-retrofit measured hours of operation
Post-retrofit energy and demand charges
Sampling plan
Stipulated Values
The value of the Energy Savings during each Guarantee Year will be derived from the measured data and engineering formulae
included herein, and the applicable energy charges as identified in Attachment E. In some cases, energy usage and/or demand
will be calculated from measured variables that directly relate to energy consumption, demand or cost, such as, but not limited
to, measured flow, temperature, current, voltage, enthalpy or pressure.
For reconciliation of Guarantee Savings employing the method of utility bill analysis consistent with F.E.M.P. Option C:
Energy usage for the Facilities for such Guarantee Year will be summarized and compared with the adjusted Baseline Period
energy usage for the Facilities through the use of energy accounting software. The difference between the adjusted Baseline
Period energy usage and the Guarantee Year energy usage will be multiplied by the applicable Energy Rate as defined in
Attachment E, to calculate the Avoided Energy Cost. A Baseline Period will be specified in Attachment E for the purpose of
utility bill analysis.
For reconciliation of Guarantee Savings verification employing the method consistent with I.P.M.V.P. and/or F.E.M.P. Option
D:
For each ECM, VEREGY will employ an M&V Plan which may be comprised of any or all of the following elements:
30
The value of the Energy Savings will be derived from a calibrated simulation of either the whole building or of sub-systems in
the building to determine the difference in the performance of the specific equipment being replaced. This method may entail
as needed one-time measurements of the performance of the energy consuming systems in the building in order to calibrate the
simulation model. Energy usage for the Facilities for such Guarantee Year will be derived through the use of simulation
programs.
3.3 Operational Cost Avoidance. The agreed-upon Avoided Operational Cost as described in Attachment E will be
deemed realized upon execution of this Agreement and will begin to accrue on the date of the completion and acceptance of
each Retrofit improvement. These Savings are representative of information provided by CUSTOMER consisting of either
whole or partial budgeted operational costs and as such, it is hereby understood and agreed that CUSTOMER is wholly
responsible for assuring that these budgeted Operational Costs are accurate and achievable.
3.4 Baseline Period Energy Use Adjustments. Baseline Period Energy Use shall be adjusted to reflect: changes in
occupied square footage; changes in energy-consuming equipment; changes in the operation of the Facilities; changes in
Energy and Operational Cost Avoidance Guarantee Practices adversely affecting energy consumption and/or demonstrated
operational changes; changes in weather between the Baseline Period and the Guarantee Year; and documented or otherwise
conclusively established metering errors for the Baseline Period and/or any Guarantee Year adversely affecting energy usage
measurement.
3.4.1 Facility Operational Changes. Except in the case of emergencies CUSTOMER agrees it will not, without the
consent of an Authorized Representative of VEREGY: make any significant deviations from the applicable Energy and
Operational Cost Avoidance Guarantee Practices; put any system or item of equipment in a permanent "on" position, if the
same would constitute a deviation from the applicable Energy and Operational Cost Avoidance Guarantee Practices; or assume
manual control of any energy management system or item of equipment, if the same would constitute a deviation from the
applicable Energy and Operational Cost Avoidance Guarantee Practices.
3.4.2 Hours and Practices. To achieve these Energy Savings, VEREGY and CUSTOMER agree upon the operating
practices listed in Attachment E.
3.4.3 Activities and Events Adversely Impacting Savings. CUSTOMER shall promptly notify VEREGY of any activities
known to CUSTOMER which adversely impact: VEREGY's ability to realize the Guaranteed Savings and VEREGY shall be
entitled to reduce its Guaranteed Savings by the amount of any such adverse impact to the extent that such adverse impact is
beyond VEREGY's reasonable control.
3.4.4 Inclusion of Improvement Not Causally Connected to Conservation Measure. VEREGY may include an
improvement that is not causally connected to a conservation measure in its Savings Guarantee if the total value of the
improvement does not exceed fifteen percent (15%) of the total value of the Savings Guarantee; and either (1) the improvement
is necessary to conform to a law, a rule, or an ordinance; or (2) an analysis within Exhibit E demonstrates that: (a) there is an
economic advantage to CUSTOMER in implementing an improvement as part of the Savings Agreement; and (b) the savings
justification for the improvement is documented by industry engineering standards. If an inclusion of an improvement not
causally connected to the conservation measures the inclusion and the information described in this paragraph 3.4.4. will be
reported to the director of the department of local government finance.
3.5 Guarantee Adjustment. VEREGY's Guaranteed Savings obligations under this Agreement are contingent upon: (1)
CUSTOMER following the Energy and Operational Cost Avoidance Guarantee Practices set forth herein and in Attachment E;
(2) no alterations or additions being made by CUSTOMER to any of the Covered systems and Equipment without prior notice
to and Agreement by VEREGY; (3) CUSTOMER sending all current utility bills to VEREGY within two (2) weeks after
receipt by CUSTOMER, if CUSTOMER fails to provide current utility bills for a period of time in excess of six (6) months
VEREGY may, at its sole discretion, deem the Guarantee Savings obligation met during that period and any successive
periods, and (4) VEREGY's ability to render services not being impaired by circumstances beyond its control. To the extent
CUSTOMER defaults in or fails to perform fully any of its obligations under this Agreement, VEREGY may, in its sole
discretion, adjust its Guaranteed Savings obligation; provided, however, that no adjustment hereunder shall be effective unless
VEREGY has first provided CUSTOMER with written notice of CUSTOMER's default(s) or failure(s) to perform and
CUSTOMER has failed to cure its default(s) to perform within forty-five (45) days after the date of such notice.
31
3.5.1 Guarantee Weather Adjustment. Where applicable, VEREGY may, in its sole discretion, adjust the Guaranteed
Savings obligation to correct for any energy production and/or system performance that has been negatively impacted as a
result of weather including, but not limited to, Global Horizontal Irradiance and Insolation (GHI), Direct Normal Irradiance
and Insolation (DNI), Diffuse Horizontal Irradiance and Insolation (DHI), temperature, Cooling Degree Day (CDD), Heating
Degree Day (HDD), humidity, wind speed, etc.
32
ATTACHMENT E: SCHEDULE OF SAVINGS
1. Savings Summary
The total Avoided Energy, Operational and Related Capital Expenditure Costs over the Term of the Agreement are
$2,267,831.00 as defined by the following:
Annual Avoided Energy Costs are not less than $63,153.00 as listed in 3.
Annual Avoided Operational Costs are not less than $7,604 as listed in 3.
Annual Avoided Related Capital Expenditure Costs are $69,914 as listed in 3.
The Term of this Agreement is for 15 years from the first (1st) day of the month following the date of Final Project Acceptance
of the Work.
2. Energy Rates and Costs
2.1 Energy Rates. Actual Energy Rates are determined by reviewing current Energy Costs per unit of energy.
Historically, Energy Costs have increased an average of [6]% per year for CUSTOMER. VEREGY may escalate rates at an
average of [6]% annually or use the actual rates, whichever is greater, to determine total Avoided Energy Costs over the Term
of this Agreement. The rates used for this Agreement are detailed in the table below.
Energy Rates
33
2.2 Baseline Period Energy Use and Costs. The Baseline Period is defined as [1-27-2022] to [12/27-2022]. The Baseline
Period Energy Use and Costs for the Facilities are:
3. Guaranteed Savings
VEREGY guarantees to CUSTOMER that the identified Facilities will realize the total Guaranteed Savings through the
combined value of all ECMs over the Term of the Agreement. The total Guaranteed Savings in each Guarantee Year is
verified as specified in this Agreement, and this verification method is agreed to by VEREGY and CUSTOMER. Avoided
Operational and Future Costs as given below are calculated values based on industry standard information and information
provided by CUSTOMER and are agreed to values. No verification of Operational and Future Cost Savings is performed.
34
Energy Conservation Measures Savings Guarantee Table
VEREGY and CUSTOMER agree that the total Avoided Energy Costs for each ECM over the term of the Agreement will be based on an escalation factor for the costs of utilities
as given in 2.1.
VEREGY will register the solar system for the generation of solar renewable energy credits (SREC) and maintain the collection and brokerage of credits for one year following the
energization of the solar system. After one year, the CUSTOMER may choose to continue with Veregy or transfer the SREC account to another broker.
Electric
Ra te
kWh
Produced
Energy
Savings
Solar Credit
Sales
Electric
Ra te
kWh
Saved
Energy
Savings
Electric
Ra te
kWh
Saved
Energy
Savings
Electric
Ra te
kWh
Saved
Energy
Savings
Electric
Ra te
kWh
Saved
Energy
Savings
Construction 0 0
1 0.1105 500,745 55,327$ 1,502$ 0.1060 48,423 5,132 0.1121 29008 3,251$ 0.1060 3,693 391$ 0.1105 901 100$ 65,704$
2 0.1171 498,241 58,353$ 1,495$ 0.1124 48,423 5,440 0.1188 29008 3,446$ 0.1124 3,693 415$ 0.1171 901 106$ 69,255$
3 0.1241 495,750 61,545$ 1,487$ 0.1191 48,423 5,767 0.1259 29008 3,653$ 0.1191 3,693 440$ 0.1241 901 112$ 73,004$
4 0.1316 493,271 64,912$ 1,480$ 0.1262 48,423 6,113 0.1335 29008 3,872$ 0.1262 3,693 466$ 0.1316 901 119$ 76,961$
5 0.1395 490,805 68,463$ 1,472$ 0.1338 48,423 6,480 0.1415 29008 4,104$ 0.1338 3,693 494$ 0.1395 901 126$ 81,139$
6 0.1479 488,351 72,208$ 1,465$ 0.1418 48,423 6,868 0.1500 29008 4,350$ 0.1418 3,693 524$ 0.1479 901 133$ 85,548$
7 0.1567 485,909 76,157$ 1,458$ 0.1504 48,423 7,280 0.1590 29008 4,611$ 0.1504 3,693 555$ 0.1567 901 141$ 90,203$
8 0.1661 483,480 80,323$ 1,450$ 0.1594 48,423 7,717 0.1685 29008 4,888$ 0.1594 3,693 589$ 0.1661 901 150$ 95,117$
9 0.1761 481,062 84,717$ 1,443$ 0.1689 48,423 8,180 0.1786 29008 5,181$ 0.1689 3,693 624$ 0.1761 901 159$ 100,304$
10 0.1867 478,657 89,351$ 1,436$ 0.1791 48,423 8,671 0.1893 29008 5,492$ 0.1791 3,693 661$ 0.1867 901 168$ 105,780$
11 0.1979 476,264 94,238$ 1,429$ 0.1898 48,423 9,191 0.2007 29008 5,822$ 0.1898 3,693 701$ 0.1979 901 178$ 111,560$
12 0.2097 473,882 99,393$ 1,422$ 0.2012 48,423 9,743 0.2127 29008 6,171$ 0.2012 3,693 743$ 0.2097 901 189$ 117,661$
13 0.2223 471,513 104,830$ 1,415$ 0.2133 48,423 10,328 0.2255 29008 6,541$ 0.2133 3,693 788$ 0.2223 901 200$ 124,101$
14 0.2357 469,155 110,564$ 1,407$ 0.2261 48,423 10,947 0.2390 29008 6,934$ 0.2261 3,693 835$ 0.2357 901 212$ 130,900$
15 0.2498 463,893 115,883$ 1,400$ 0.2396 48,423 11,604 0.2534 29008 7,350$ 0.2396 3,693 885$ 0.2498 901 225$ 137,348$
ECM 5
Dewater Office AC Annual Electricity Savings Dollars
ECM 2
n / Lab / Headworks HVAC Con
ECM 3
Admin / Lab Lighting HW ACCU Replacement
ECM 4ECM 1
Dewatering Building SolarYe a r
35
ECM 1 – Solar – Dewatering Facility
ECM 2 HVAC Controls – Administrative and Headworks Buildings
ECM 3 Lighting - Administrative Building
Motor 1
(HP)
Motor 2
(HP)
Current
Runtime
(Hours/Week)
New Runtime
(Hours/week)Efficiency
Yearly Energy
Reduction
(kWh)
5 5 168 0 0.895 48423
36
Avoided Operational Cost Savings. Operational Savings are based on the concepts given in the table below. The operational cost savings identified below are deemed satisfied
upon Agreement execution. Avoided future cost savings are determined by the cost to implement this project over the term of the project.
Operational Savings Methodology Table
VEREGY and CUSTOMER agree that the total Operational Savings for each ECM over the term of the Agreement will be based on an escalation factor of 2.5%.
Related Capital Expenditures. Related capital expenditures have been calculated as follows:
ECM 4 – ACCU Replacement – Headworks Building
37
Operational Savings Operational Savings Operational Savings Operational Savings
Construction
1 57,687$ 5,941$ 5,675$ 612$ 69,914$
2 59,129$ 6,089$ 5,816$ 627$ 71,662$
3 60,608$ 6,241$ 5,962$ 643$ 73,453$
4 62,123$ 6,397$ 6,111$ 659$ 75,290$
5 63,676$ 6,557$ 6,264$ 675$ 77,172$
6 65,268$ 6,721$ 6,420$ 692$ 79,101$
7 66,899$ 6,889$ 6,581$ 710$ 81,079$
8 68,572$ 7,061$ 6,745$ 727$ 83,106$
9 70,286$ 7,238$ 6,914$ 746$ 85,184$
10 72,043$ 7,419$ 7,087$ 764$ 87,313$
11 7,604$ 7,604$
12 7,795$ 7,795$
13 7,989$ 7,989$
14 8,189$ 8,189$
15 8,394$ 8,394$
ECM 5
Dewater Office AC Annual Operational Savings Dollars
ECM 2
Admin / Lab / Headworks HVAC Controls
ECM 3
Admin / Lab Lighting HW ACCU Replacement
ECM 4
Ye a r
38
ECM 5 AC Unit in Dewatering Office
COST ESTIMATE REPORT
DATE: 10/23/2023
Estimate Name:City of South Bend - ACCU Replacement Headworks Building
Estimate Summary:Catalog:
Material Labor Equipment Total*Format:
Total with Soft Costs 25,132$ 24,589$ 7,024$ $ 56,745 Release:
Labor Type:
Data Release : Year 2023 Unit Cost Lines City Cost Ind
Description Quantity LineNumber Crew Daily
Output Labor Hours Unit Material Labor Equipment Total Ext. Mat. Ext. Labor Ext. Equip. Ext. Total
Condensing unit, up thru 10 ton,
selective demolition 1 230505100660 Q5 1 13 Ea. -$ 698$ -$ 698$ -$ 698$ -$ 698$
HVAC, selective demolition, minimum
labor/equipment charge 1 230505109000 Q6 3 8 Job -$ 452$ -$ 452$ -$ 452$ -$ 452$
Refrigeration specialties, filter dryer,
replaceable core type, soldered, 1-
5/8"
1 232316101070 1 Stpi 12 1 Ea. 227$ 41$ -$ 267$ 227$ 41$ -$ 267$
Refrigeration specialties, sightglass,
moisture and liquid indicator,
soldered, 1-3/8"
1 232316105080 1 Stpi 14 1 Ea. 77$ 35$ -$ 112$ 77$ 35$ -$ 112$
Refrigerant line sets, insulated copper
supply and return tubes, 1/2" and 1-
1/8" tubes, 1/2" insulation, 50' long
1 232316162150 Q5 14 1 Ea. 1,024$ 62$ -$ 1,086$ 1,024$ 62$ -$ 1,086$
Refrigerant line sets, insulated copper
supply and return tubes, add, for 1"
thick insulation
1 232316162150 - - 307$ 9$ -$ 317$ 307$ 9$ -$ 317$
Condensing unit, air cooled,
compressor, 7.5 ton, includes
standard controls
1 236213100550 Q5 1 29 Ea. 3,800$ 1,586$ -$ 5,386$ 3,800$ 1,586$ -$ 5,386$
Refrigeration specialties, refrigerant, R-
134A, 30 lb. disposable cylinder 50 232323204428 - - Lb. 14$ -$ -$ 14$ 692$ -$ -$ 692$
Remove old refrigerant coil and
replace with new. Incudes opening up
housing.
1 1 - - Ea. 10,000$ 5,000$ -$ 15,000$ 10,000$ 5,000$ -$ 15,000$
Crane crew, daily use for small jobs,
25-ton truck-mounted hydraulic crane,
portal to portal
2 015419500200 A3I 1 8 Day -$ 455$ 2,369$ 2,824$ -$ 910$ 4,738$ 5,648$
Engineering 8%
Existing Building Conditions 20%
Construction Manager 6%
Total with Soft Costs
Description Mat. O&P Labor O&P Equip. O&P Total O&P Ext. Mat.
O&P
Ext. Labor
O&P
Ext. Equip.
O&P
Ext. Total
O&P
Condensing unit, up thru 10 ton,
selective demolition -$ 1,071$ -$ 1,071$ -$ 1,071$ -$ 1,071$
HVAC, selective demolition, minimum
labor/equipment charge -$ 698$ -$ 698$ -$ 698$ -$ 698$
Refrigeration specialties, filter dryer,
replaceable core type, soldered, 1-
5/8"
250$ 62$ -$ 312$ 250$ 62$ -$ 312$
Refrigeration specialties, sightglass,
moisture and liquid indicator,
soldered, 1-3/8"
85$ 54$ -$ 139$ 85$ 54$ -$ 139$
Refrigerant line sets, insulated copper
supply and return tubes, 1/2" and 1-
1/8" tubes, 1/2" insulation, 50' long
1,124$ 96$ -$ 1,220$ 1,124$ 96$ -$ 1,220$
Refrigerant line sets, insulated copper
supply and return tubes, add, for 1"
thick insulation
337$ 14$ -$ 352$ 337$ 14$ -$ 352$
Condensing unit, air cooled,
compressor, 7.5 ton, includes
standard controls
4,200$ 2,438$ -$ 6,638$ 4,200$ 2,438$ -$ 6,638$
Refrigeration specialties, refrigerant, R-
134A, 30 lb. disposable cylinder 15$ -$ -$ 15$ 759$ -$ -$ 759$
Remove old refrigerant coil and
replace with new. Incudes opening up
housing.
12,000$ 5,000$ -$ 17,000$ 12,000$ 5,000$ -$ 17,000$
Crane crew, daily use for small jobs,
25-ton truck-mounted hydraulic crane,
portal to portal
-$ 709$ 2,621$ 3,330$ -$ 1,419$ 5,242$ 6,660$
18,755$ 18,350$ 5,242$ 42,347$
Engineering 1,500$ 1,468$ 419$ 3,388$
Existing Building (RS Means was for
new construction)3,751$ 3,670$ 1,048$ 8,469$
Construction Manager 1,125$ 1,101$ 314$ 2,541$
Total with Soft Costs 25,132$ 24,589$ 7,024$ 56,745$
INDIANA / SOUTH BEND (465-466)
COST DATA
.....Commercial Renovation
MasterFormat 2018
Year 2024
STD
39
COST ESTIMATE REPORT
DATE: 10/23/2023
Estimate Name:City of South Bend - AC Replacement Dewatering Building
Estimate Summary:Catalog:
Material Labor Equipment Total*Format:
Total with Soft Costs 4,040$ 2,079$ -$ $ 6,119 Release:
Labor Type:
Data Release : Year 2023 Unit Cost Lines City Cost Inde
Description Quantity LineNumber Crew Daily
Output Labor Hours Unit Material Labor Equipment Total Ext. Mat. Ext. Labor Ext. Equip. Ext. Total
Split ductless system, cooling only,
single zone, wall mount, 2 ton cooling 1 238126100150 Q5 1 11 Ea. 2,525$ 623$ -$ 3,148$ 2,525$ 623$ -$ 3,148$
Split ductless system, accessories
for all split ductless systems, for tube
/ wiring kit, 15' kit
- 238126107030 Q5 32 1 Ea. 190$ 27$ -$ 217$ -$ -$ -$ -$
Demo window AC and repair window 1 2 - - 200$ 500$ -$ 700$ 200$ 500$ -$ 700$
Engineering 8%
Existing Building Conditions 20%
Construction Manager 6%
Total with Soft Costs
Description Mat. O&P Labor O&P Equip. O&P Total O&P Ext. Mat.
O&P
Ext. Labor
O&P
Ext. Equip.
O&P
Ext. Total
O&P
Split ductless system, cooling only,
single zone, wall mount, 2 ton cooling 2,775$ 952$ -$ 3,727$ 2,775$ 952$ -$ 3,727$
Split ductless system, accessories
for all split ductless systems, for tube
/ wiring kit, 15' kit
209$ 42$ -$ 251$ -$ -$ -$ -$
Demo window AC and repair window 240$ 600$ -$ 840$ 240$ 600$ -$ 840$
3,015$ 1,552$ -$ 4,567$
Engineering 241$ 124$ -$ 365$
Existing Building (RS Means was for
new construction)603$ 310$ -$ 913$
Construction Manager 181$ 93$ -$ 274$
Total with Soft Costs 4,040$ 2,079$ -$ 6,119$
INDIANA / SOUTH BEND (465-466)
COST DATA
.....Commercial Renovation
MasterFormat 2018
Year 2024
STD
40
4. Reporting. VEREGY will provide CUSTOMER with a Guaranteed Savings Reconciliation Report(s) according to the
schedule below. CUSTOMER will assist VEREGY in generating the savings reconciliation report by providing VEREGY with
all information requested as identified in Section 3.2 of Attachment D. Data and calculations utilized by VEREGY in the
preparation of its Guaranteed Savings Reconciliation Report will be made available to CUSTOMER along with such
explanations and clarifications as CUSTOMER may reasonably request.
Guaranteed Savings Reconciliation Report Schedule
Report Delivered Savings Represented
Report 1 90 days following end of
Guarantee Year
Year 1 Savings
Subsequent Reporting
Years
90 days following end of
Guarantee Year
Subsequent Year Savings
The fees associated with the Guaranteed Savings Reconciliation Report are given in Attachment C.
5. Savings Measurement & Verification Plan
VEREGY will verify the savings using the methodologies given in the table below. Calculation” means the savings have been
calculated and agreed to by CUSTOMER and VEREGY. “Measurement” requires measurements to determine the actual
retrofit performance. In the “Measurement” cases, the measured parameters, time of measurement and quantity of equipment to
be measured are identified. The actual operation of the Facility is the responsibility of CUSTOMER. This includes properly
maintaining the equipment, the future hours of operation based on a change in mission, or capacity and variations in weather or
unit energy costs.
After review of the measurement and verification protocol options, CUSTOMER and VEREGY have agreed that
measurements noted in this attachment meet CUSTOMER’S needs for verification of Energy Savings.
Measurement and Verification Methodology for Energy Conservation Measures
Facility
ECM
# ECM Description
IPMVP
Option
Measurement and Verification Procedures
Method Measured
Parameter
Measurement
Interval
Dewatering 1 Solar B Measurement kWh Production Annually
HVAC
Building
Controls
2 Building Automation
System
Stipulated Verification that
existing
compressor has
been removed
One Time
Administration
Building
3 LED Retrofit B Measurement Light fixtures
measured
One Time
Headworks 4 ACCU Replacement Stipulated Verification of
new efficiency
rating
One Time
Dewatering 5 Office AC Unit Stipulated Verification of
new efficiency
rating
One Time
The following describes the Measurement and Verification procedures, formulas, and estimated values which may be used in
the calculation of the Energy Savings. % of calculated savings that are guaranteed are given in the Energy Conservation
Measures Savings Guarantee Table.
ECM #1. Solar Savings:
41
Solar Savings are calculated using the Helioscope software system. Information on the inputs and outputs from this are given in
Attachment A.
Solar savings are verified by collecting the data from the system investment grade meters installed as part of the project.
42
ECM #2. Building Automation Controls
Savings are based on the elimination of the pneumatic air compressor.
ECM #3. Lighting Upgrade
Lighting Savings:
Lighting usage (kWh) savings is computed in the following manner:
(FWE/1000 x QFE x OHE) – (FWN/1000 x QFN x OHN)
Lighting demand (kW) savings is computed in the following manner:
(FWE/1000 x QFE) – (FWN/1000 x QFN)
Where:
FWE = Fixture Watts – Existing
QFE = Quantity of Fixtures – Existing
OHE = Operating Hours – Existing
FWN = Fixture Watts – New
QFN = Quantity of Fixtures – New
OHN = Operating Hours – New
Average operating hours used for savings calculations are 4380 hours for exterior lighting. Existing and new fixture watts and
fixture counts are given in Attachment A, Scope of Work.
Lighting Savings are verified by taking measurements to verify fixture wattages are equal to or less than those shown in the
table below. If the average wattage of a given fixture type does not exceed the value shown, the savings are achieved as
guaranteed. The fixture type, quantity installed, and quantities to be measured are listed.
Fixture Types Included in the Lighting Measurement
Where multiple fixtures can be measured from a single switch or circuit, the total wattage measured at the switch or circuit
will be divided by the total number of fixtures to determine the wattage per fixture.
Motor 1
(HP)
Motor 2
(HP)
Current
Runtime
(Hours/Week)
New Runtime
(Hours/week)Efficiency
Yearly Energy
Reduction (kWh)
5 5 168 0 0.895 48,423
100% run
time
33% Run
time
kWh saved = mtr hp *(0.746 kW/hp)*runtime/week*#weeks/(mtr eff)
Lighting
Retrofit
Description
Quantity
Installed
Quantity
Measured
Existing
Watts/Fixtu
re
Estimated
Watts/Fixtu
re
Watts/Fixtu
re
Guaranteed
LED Bulb 1 1 75 17 15
LED Fixture 7 1 65 12 76
LED Fixture 3 1 128 28 76
LED Fixture 5 1 128 38
171
LED Fixture 3 1 128 32
86
LED Fixture 19 2 64 40
1,368
LED Fixture 84 9 96 40
27,216
29,008
43
Location Quantity Current Description Current
Wattage
Current Ext.
Wattage Quantity Proposed Description Proposed
Wattage
Proposed
Ext. Wattage
Annual
Hours
Annual KWh
Savings
Interior 1 A19 KeyLess Light 75 75 1 17A21/840/277V/DIM Light Bulb 17 17 4,380 22,285
Interior 7 6" Recessed R30 Can Light 65 455 7 DRS 6R 9/12/14 G2 FSK Light Fixture 12 84 4,380 1,454
Interior 3 A19 #-Lamp Vanity Light 128 384 3 MVL2FT28W30R Light Fixture 28 84 4,380 4,967
Interior 5 1X4 2-Lamp T8 Strip Fixture - Chain 128 640 5 TSC 4 45/50/60 G1 FSK Lght Fixture 38 190 4,380 3,942
Interior 3 1X4 4-Lamp Surface Mount Wrap Fixture 128 384 3 TRC 4 40/50/55 G1 FSK Light Fixture 32 96 4,380 2,733
Interior 19 2X4 2-Lamp T8 Prism 64 1,216 19 PST4 Light Fixture 40 760 4,380 342
Interior 84 2X4 3-Lamp T8 Prism 96 8,064 84 PST4 Light Fixture 40 3,360 4,380 420
TOTALS 122 11,218 122 4,591 36,144
ECM 3 - Admin. Building LED Retrofit
ECM-4
PROJECT: City of South Bend - WWTP PROJECT NO:
ECM: ACCU Replacement SUBJECT: Energy Savings Analysis DATE:11/20/2024
# Units
Cooling Cap
Each
Heating Cap
Each
1 90,000 -
ACCU Replacement
Cooling Energy Use Analysis:
Design Conditions Occupancy Schedule OA Lockout Existing Existing Proposed Proposed
or Efficiency Efficiency Efficiency Efficiency
Outdoor Temp 91 F AA 12am-8am 8am-4pm 4pm-12am Days/Week Balance Point (EER) (kW/ton)(EER) (kW/ton)
Balance Point 55 F BB 8.0 8.0 8.0 7.0 55.00 11.00 1.09 14.80 0.81
Cooling Load 90,000 Btu/hr CC DD EE FF GG HH JJ QQ
VAC operating Bins? Y/N Y
Outside Air Total Total Total Operating Operating Operating Total Percent Cooling Existing Proposed Cooling Energy
Bin Temp Bin Hours Bin Hours Bin Hours Bin Hours Bin Hours Bin Hours Operating Cooling Load Load Cooling Energy Cooling Energy Savings
(F)12am - 8am 8am - 4pm 4pm - 12am 12am - 8am 8am - 4pm 4pm - 12am Bin Hours (%)(kBtu)(kWh)(kWh) (kWh)
A B C D E =F =G =H =J =K =L =U =X =
BxDD/8xGG/7 CxEE/8xGG/7 DxFF/8xGG/7 E+F+G (A-HH)/(AA-HH)CCxHxJ/1000 K/12xJJ K/12xQQ L - U
See Note 1
102 0 0 0 0 0 0 0 100%90 0 0 0
97 0 6 2 0 6 2 8 100%90 65 49 17
92 0 37 12 0 37 12 49 100%90 401 298 103
87 0 118 57 0 118 57 175 89%80 1,273 946 327
82 11 326 190 11 326 190 527 75%68 3,234 2,404 830
77 68 263 256 68 263 256 587 61%55 2,935 2,181 754
72 216 223 234 216 223 234 673 47%43 2,600 1,933 668
67 298 230 272 298 230 272 800 33%30 2,182 1,622 560
62 342 251 287 342 251 287 880 19%18 1,400 1,041 359
57 235 197 210 235 197 210 642 6%5 292 217 75
52 249 169 207 249 169 207 625 0%0 0 0 0
47 214 116 162 214 116 162 492 0%0 0 0 0
42 198 147 142 198 147 142 487 0%0 0 0 0
37 264 236 257 264 236 257 757 0%0 0 0 0
32 229 176 192 229 176 192 597 0%0 0 0 0
27 122 88 93 122 88 93 303 0%0 0 0 0
22 176 124 131 176 124 131 431 0%0 0 0 0
17 105 92 84 105 92 84 281 0%0 0 0 0
12 56 48 62 56 48 62 166 0%0 0 0 0
7 64 31 33 64 31 33 128 0%0 0 0 0
2 27 27 19 27 27 19 73 0%0 0 0 0
-3 30 12 18 30 12 18 60 0%0 0 0 0
-8 16 3 0 16 3 0 19 0%0 0 0 0
-13 0 0 0 0 0 0 0 0%0 0 0 0
-18 0 0 0 0 0 0 0 0%0 0 0 0
2,920 2,920 2,920 2,920 2,920 2,920 8,760 568 14,382 10,689 3,693
Notes:
1)Reference: U.S. NOAA Weather Data for Grissom AFB Indiana
Electricity kWh
3,693
Nat Gas Therms
0
44
ECM-5
PROJECT: City of South Bend - WWTP PROJECT NO:
ECM: AC Replacement Dewatering Office SUBJECT: Energy Savings Analysis DATE:11/20/2024
# Units
Cooling Cap
Each
Heating Cap
Each
1 24,000 -
AC Replacement
Dewatering Office
Cooling Energy Use Analysis:
Design Conditions Occupancy Schedule OA Lockout Existing Existing Proposed Proposed
or Efficiency Efficiency Efficiency Efficiency
Outdoor Temp 91 F AA 12am-8am 8am-4pm 4pm-12am Days/Week Balance Point (EER) (kW/ton)(EER) (kW/ton)
Balance Point 55 F BB 8.0 8.0 8.0 7.0 55.00 13.00 0.92 18.00 0.67
Cooling Load 24,000 Btu/hr CC DD EE FF GG HH JJ QQ
VAC operating Bins? Y/N Y
Outside Air Total Total Total Operating Operating Operating Total Percent Cooling Existing Proposed Cooling Energy
Bin Temp Bin Hours Bin Hours Bin Hours Bin Hours Bin Hours Bin Hours Operating Cooling Load Load Cooling Energy Cooling Energy Savings
(F)12am - 8am 8am - 4pm 4pm - 12am 12am - 8am 8am - 4pm 4pm - 12am Bin Hours (%)(kBtu)(kWh)(kWh) (kWh)
A B C D E =F =G =H =J =K =L =U =X =
BxDD/8xGG/7 CxEE/8xGG/7 DxFF/8xGG/7 E+F+G (A-HH)/(AA-HH)CCxHxJ/1000 K/12xJJ K/12xQQ L - U
See Note 1
102 0 0 0 0 0 0 0 100%24 0 0 0
97 0 6 2 0 6 2 8 100%24 15 11 4
92 0 37 12 0 37 12 49 100%24 90 65 25
87 0 118 57 0 118 57 175 89%21 287 207 80
82 11 326 190 11 326 190 527 75%18 730 527 203
77 68 263 256 68 263 256 587 61%15 662 478 184
72 216 223 234 216 223 234 673 47%11 587 424 163
67 298 230 272 298 230 272 800 33%8 492 356 137
62 342 251 287 342 251 287 880 19%5 316 228 88
57 235 197 210 235 197 210 642 6%1 66 48 18
52 249 169 207 249 169 207 625 0%0 0 0 0
47 214 116 162 214 116 162 492 0%0 0 0 0
42 198 147 142 198 147 142 487 0%0 0 0 0
37 264 236 257 264 236 257 757 0%0 0 0 0
32 229 176 192 229 176 192 597 0%0 0 0 0
27 122 88 93 122 88 93 303 0%0 0 0 0
22 176 124 131 176 124 131 431 0%0 0 0 0
17 105 92 84 105 92 84 281 0%0 0 0 0
12 56 48 62 56 48 62 166 0%0 0 0 0
7 64 31 33 64 31 33 128 0%0 0 0 0
2 27 27 19 27 27 19 73 0%0 0 0 0
-3 30 12 18 30 12 18 60 0%0 0 0 0
-8 16 3 0 16 3 0 19 0%0 0 0 0
-13 0 0 0 0 0 0 0 0%0 0 0 0
-18 0 0 0 0 0 0 0 0%0 0 0 0
2,920 2,920 2,920 2,920 2,920 2,920 8,760 151 3,245 2,344 901
Notes:
1)Reference: U.S. NOAA Weather Data for Grissom AFB Indiana
Electricity kWh Nat Gas Therms
901 0
Construction
1 65,704$ 69,914$ 135,618$
2 69,255$ 71,662$ 140,917$
3 73,004$ 73,453$ 146,457$
4 76,961$ 75,290$ 152,251$
5 81,139$ 77,172$ 158,311$
6 85,548$ 79,101$ 164,650$
7 90,203$ 81,079$ 171,282$
8 95,117$ 83,106$ 178,223$
9 100,304$ 85,184$ 185,488$
10 105,780$ 87,313$ 193,093$
11 111,560$ 7,604$ 119,164$
12 117,661$ 7,795$ 125,455$
13 124,101$ 7,989$ 132,091$
14 130,900$ 8,189$ 139,089$
15 137,348$ 8,394$ 145,742$
2,287,831$
Annual Electricity Savings Dollars Annual Operational Savings Dollars Total Annual Savings DolarsYe a r
45
ATTACHMENT F: CERTIFICATE OF SUBSTANTIAL COMPLETION
1. The CUSTOMER and VEREGY agree to use AIA form G704-2017 Certificate of Substantial Completion for this
project. Completion and signing of this document for the entire project or any individual Energy Conservation Measure
initiates invoicing by VEREGY for the contracted value minus any retainage.
2. Once the entire scope of the project has been certified as substantially complete as stated above and all remaining punch
items have been completed VEREGY will present the CUSTOMER with a FINAL COMPLETION CERTIFICATE as
shown in Attachment G.
CUSTOMER: CONTRACTOR:
Signature Signature
Printed Name Printed Name
Date Date
46
ATTACHMENT G: FINAL COMPLETION CERTIFICATE
Project Name:
Agreement Effective Date:
Scope-of-Work (SOW) Item/Energy Conservation Measure (ECM):
To: VEREGY
Reference is made to the above listed Agreement between the undersigned and VEREGY and to the Scope of Work as defined
in Attachment A herein. In connection therewith, we confirm to you the following:
1. The Scope of Work (SOW) Item/ Energy Conservation Measure (ECM) referenced above and also listed in
Attachment A of the Agreement has been demonstrated to the satisfaction of the Owner’s Representative as
being complete, including all punch list items generated during the Project Acceptance Procedure.
2. All of the Work has been delivered to and received by the undersigned and that said Work has been examined
and /or tested and is in good operating order and condition and is in all respects satisfactory to the undersigned
and as represented, and that said Work has been accepted by the undersigned and complies with all terms of
the Agreement. Consequently, you are hereby authorized to invoice for the Final Payment, as defined in
Attachment C, The Payment Schedule.
CUSTOMER: CONTRACTOR:
Signature Signature
Printed Name Printed Name
Date Date
47
ATTACHMENT H: FINAL RETROFIT ACCEPTANCE CERTIFICATE
Project Name:
Agreement Effective Date:
Customer:
To: VEREGY
This letter is to serve as the Final Retrofit Acceptance Certificate for the project stated above. Upon signing of the Final Retrofit
Acceptance Certificate, CUSTOMER agrees that Contractor during the commissioning period has proven that all construction
scope of work has performed to the energy and operational savings expectations described in Attachment E of the contract. Also,
upon signing of the Final Retrofit Acceptance Certificate, CUSTOMER and Contractor agree that the “First Guarantee Year”
will commence beginning on the first (1st) day of the month following the signing date of the Final Retrofit Acceptance
Certificate. At the end of each “Guarantee Year”, Contractor will supply CUSTOMER with a “Guaranteed Energy Savings
Contract Annual Savings Report” (GESC Annual Savings Report) that will detail the energy and operational savings for the
Guarantee Year. Per IC 36-1-12.5, the GESC Annual Savings Report shall be signed by both CUSTOMER and Contractor and
submitted to the Indiana Department of Local Government Finance.
CUSTOMER: CONTRACTOR:
Signature Signature
Printed Name Printed Name
Date Date
48
ATTACHMENT I: FORM ALLOCATION OF SECTION 179D DEDUCTION
ADDRESS OF GOVERNMENT-OWNED BUILDING:
Project Name:
Project Street:
Project City, State & Zip Code:
AUTHORIZED REPRESENTATIVE OF THE OWNER OF THE GOVERNMENT-OWNED
BUILDING:
Owner Name:
Representative Name:
Representative Title:
Representative Street Address:
Representative City, State & Zip:
Representative Phone Number:
AUTHORIZED REPRESENTATIVE OF DESIGNER RECEIVING THE ALLOCATION OF THE
SECTION 179D DEDUCTION:
Designer Name:
Representative Name:
Representative Title:
Representative Street Address:
Representative City, State & Zip:
Representative Phone Number:
PROJECT COST:
DATE PROJECT PLACED IN SERVICE:
AMOUNT OF SECTION 179D DEDUCTION ALLOCATED TO THE DESIGNER:
Building Envelope:
Lighting System:
HVAC System:
TOTAL:
Under penalties of perjury, I declare that I have examined this allocation, including accompanying documents, and to the best of my
knowledge and belief, the facts presented in support of this allocation are true, correct and complete.
AUTHORIZED REPRESENTATIVE OF AUTHORIZED REPRESENTATIVE OF
OWNER OF GOVERNMENT-OWNED BUILDING: DESIGNER:
___________________________________________ _________________________________________
By: By:
Dated: Dated:
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ATTACHMENT J: SOLAR O&M SERVICES
AGREEMENT TO PROVIDE
Solar Operation and Maintenance (O&M) Services (“Agreement”)
For
City of South Bend – Wastewater Treatment Plant
3113 Riverside Drive, South Bend, Indiana
Solar Array Specifications:
One 300 kW AC Ground Mount Solar System interconnected with the dewatering facility electric service.
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PURPOSE OF AGREEMENT
Veregy, LLC (“Operator”) is pleased to offer our assistance to City of South Bend – Wastewater Treatment Plant
(“Customer”). This agreement outlines the Solar Operation and Maintenance O&M services being provided by
Operator for the Customer. The system and sites are as listed in ATTACHMENT A “Scope of Work”
1. INSPECTION SERVICES
Complete inspection, system maintenance, and recommissioning services at the end of each Guarantee Year of this
Agreement term as detailed below. Reporting of inspection findings, required repairs, and repair recommendations,
including estimated costs for each maintenance visit. As part of Operator’s system maintenance, the following
services (“Basic Services”) will be completed and reported to the Customer within 30 days after each Guarantee Year.
a) Visual Inspection
1. Visually inspect structures, arrays, and enclosures for excessive wear, damage, defects,
rust/corrosion, water or rodent intrusion, etc.
2. Verify new and/or existing shade concerns for the photovoltaic array.
3. Verify module cleanliness and/or soiling issues; perform washing if requested by Customer (at an
additional cost).
4. Verify that all signage and placards are firmly attached and legible.
5. Verify condition of all wall & pad mounted switchgear, meters and inverters for corrosion and
security of attachment to wall/structure/pad, etc. Note any new access issues.
6. Verify condition of ac and dc disconnect(s).
7. Confirm that the system is online and that the output is at the expected level.
8. Confirm that the monitoring system is in service and functioning properly.
b) Photo Documentation
1. Take digital photos of all major system components.
2. Document existing condition soiling of solar modules.
3. Submit digital images along with checklist and other documentation following visit.
c) Array – Structure & Modules
1. Complete inspection of array.
2. Inspect and tighten structure ground bonding straps/fasteners.
3. Verify secure module attachment by random torque testing or visual test.
4. Verify condition of racking hardware connections, splices, etc. Sample torqued racking hardware to
verify minimum hand-tight.
5. Verify condition of inter-module array wiring for aging and corrosion.
6. Inspect visible random sampling of wiring connections.
7. Inspect visible conduit system.
d) Electrical Connection – Inverters & Combiner Box
1. Verify condition of inverters.
2. Note condition of all circuit boards and electrical components.
3. Check Voc & Isc of all strings (if required).
4. Verify that all manufacturer updates and service bulletins have been performed.
5. Coordinate inverter manufacturer service, if necessary.
6. Perform electrical connection torque tests.
7. Inspect and clean heatsink, if applicable.
8. Inspect and clean inverter exhaust fan and vents (if applicable).
9. Inspect and tighten connectors and lugs (inverter, transformer, disconnects).
10. Oil and lubricate disconnects.
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11. Check all fuses for cleared fuse and replace any cleared fuses.
12. Verify condition of wire transition junction boxes for weatherproofing, corrosion, and security of
internal wiring connections.
13. Verify condition of all DC and AC conduits and connections.
14. Verify interior and exterior condition of DC combiner box(es).
e) Data Acquisition System (“DAS”)
1. Clean all instrumentation and sensors and lubricate moving parts (if applicable). Inspect and tighten
connections.
2. Check input signals.
3. Confirm that pyranometer/sensor is aligned with the plane of the PV array (if applicable).
4. Log kWh readings from Inverters to meters, and compare data in a 24-hour increment to monitoring
system to verify proper calibration of meters and monitoring system (if applicable).
5. Check calibration of the weather station instruments, as necessary (if applicable).
2. OPERATOR’S MONITORING SERVICES
a) Through the DAS software platform, System alarms, operating data and performance parameters can be
viewed in real time, recorded, and archived to support a System. On a daily basis Operator shall monitor and
react to any DAS generated notifications or alarms. The alarms generated by the DAS are classified by their
urgency as a High Priority Alarm, Alarm or Low Priority Alarm. Operator will react to any performance
issues or System faults within 72 hours upon detection and provide a recommended course of action to the
Customer (if required). Customer will have fourteen (14) days to respond to the Operator as to whether to
proceed with the recommended course of action.
b) Through the DAS, Operator shall review overall production and operating conditions of each project on a
weekly basis. As a general rule, Low Priority Alarms do not represent conditions that are either damaging to
a system or that significantly reduces system output. As such, Operator shall use information gathered during
weekly monitoring of a system in conjunction with the monitoring of Low Priority items to decide when
corrective measures must be instituted to assure that the DAS is fully functional and a system’s electrical
output does not drop below the expected output (as modeled in the DAS and in accordance with the Schedule
of Savings). When such conditions of continuously low electrical output occur, Operator shall follow through
with corrective measures in the same format used when responding to a High Priority Alarm.
c) High Priority Alarms represent conditions that are either causing damage to a system or that are significantly
reducing the electrical output of a system. Upon the occurrence of a High Priority Alarm, the DAS generates
an Event Notification that is automatically delivered to Operator via email.
d) Upon receiving an Event Notification, Operator shall initiate the Work Order process. Operator shall travel
to and from the Site as necessary in response to High Priority Alarms and the resulting Event Notification,
shall investigate the cause of such alarm, and promptly develop a Corrective Action Plan to affect system
repair and communicate to the Customer as necessary. In the event that a System repair is the subject of an
equipment or manufacturer warranty, Operator shall provide system repairs through the equipment
manufacturer pursuant to the requirements of Section 3 “Equipment Warranty Maintenance and
Enforcement”. In the event that system repair requirements are not the subject of an equipment or
manufacturer warranty or system warranty, Operator shall provide to Customer a Corrective Action Plan
which includes Operator’s cost estimate and schedule to perform the necessary repairs as Additional Services.
e) To help ensure that system performance is maintained at the highest possible level, Operator shall, at a
minimum, provide 24/7 monitoring for High Priority Alarms and provide complete monitoring services on
the DAS, and Customer shall provide access to a point of contact at the Site during business hours. Whenever
possible, major System work (events where System needs to be shut down) will occur at night in order to
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reduce impacts on system availability and output.
3. EQUIPMENT WARRANTY MAINTENANCE AND ENFORCEMENT
a) Operator shall monitor, maintain, and perform all preventive maintenance as specified by system equipment
manufacturers to assure that all requirements necessary to maintain the validity of system equipment
warranties are upheld and warranties are not voided. This shall include all testing, reporting, coordination,
and communication with the manufacturer as well as submitting all required information and forms and
managing/performing the required corrective maintenance to return a System to full electrical output.
b) In the event of a system malfunction or failure which is the subject of a warranty claim, Operator, on behalf
of Customer, shall take all actions necessary to submit and enforce the warranty claim. It shall be Operator’s
responsibility as part of the Basic Services to expedite and manage the corrective actions performed by the
manufacturer under the warranty claim.
4. SYSTEM PERFORMANCE REPORTING
a) Through the use of the DAS software platform, Operator shall provide a printout of system performance for
the last 12 months of system operation (“System Performance Report”). The system Performance Report
shall in graphical form compare the actual/measured monthly kWh output to both the forecast/expected kWh
output and the weather-adjusted/modeled kWh output. Operator shall provide a brief analysis concerning the
circumstances occurring when actual kWh output does not favorably compare with the forecast and weather-
adjusted outputs. Operator shall submit the System Performance Report to Customer within 30 business days
after each Guarantee Year following the Final Retrofit Acceptance Certificate.
5. SCOPE ASSUMPTIONS AND CLARIFICATIONS
a) This Scope of Work is based on the assumption that unfettered access to any work areas and sites will be
provided to Operator.
b) Coordination with appropriate staff for updates and information gathering as necessary.
c) Additional tasks as requested by the Customer above and beyond this scope are billable.
d) Operator will not perform Additional Services without prior authorization from the Customer.
6. SCOPE EXCLUSIONS
The following exclusions have not been estimated in the above Scope of Work:
a) Warranty, repair, and/or upgrades to the control and mechanical or electrical systems and system components
installed at Customer Sites.
b) Overtime labor.
c) Unscheduled maintenance and/or repairs and vegetation control are excluded. Cost per truck roll will be
invoiced at time and materials (T&M) rate listed in the “Hourly Rate Schedule” and dispatched per
Customer’s request.
d) System wash is excluded. Cost per system wash is estimated and listed in the “Hourly Rate Schedule”,
however Operator will provide a formal quote prior to it being scheduled at Customer’s request.
e) Repairs of damage caused by anything outside of Operators control (e.g., vandalism, extreme weather events,
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Acts of God, etc.)
f) Any and all other items not specified in this scope.
7. INSURANCE
a) At all times relevant to this Agreement, Operator shall maintain (and shall cause its independent
subcontractors to maintain), with a company or companies licensed or qualified to do business in the state in
which the Site is located and rated A / VIII or above by A.M. Best, the following insurance coverage:
1. Workers’ compensation insurance in compliance with appropriate federal and state laws of the state
in which the Site is located, and employer’s liability insurance with a limit of not less than $1,000,000
per accident or disease for each employee;
2. Commercial general liability insurance, occurrence form, including, but not limited to, contractual
coverage for all of the provisions or this Agreement, with limits of not less than $2,000,000 per
occurrence and in the aggregate, $2,000,000 products and completed operations aggregate; and
$1,000,000 personal injury and advertising injury per offense;
3. Automobile liability insurance, including vehicles owned, hired and non-owned, with a combined
single limit of not less than $1,000,000 per accident;
4. Excess liability insurance, umbrella form, shall carry coverage in excess of the limits provided for in
the above policies (except workers compensation and employers liability insurance), with a limit of
not less than $5,000,000.
8. SERVICES TERM SUMMARY:
a) Services will be implemented for a term of: 5 YEARS
b) The Service shall start at the beginning of the First Guarantee Year. The Year 1 Service Fee is Four Thousand One
Hundred Dollars ($4,100).
c) The annual Service Fee shall start on the first day of the first Guarantee Year. The annual Service Fee will be
invoiced at the beginning of each Guarantee Year, and all payments under this agreement will be due and
payable within thirty (30) calendar days from date of invoice (i.e. Net 30). The O&M Services Agreement
will automatically renew each year with a 2.5% escalation. See chart below for full schedule:
9. SERVICE OPT OUT:
If CUSTOMER opts out of the service contract outlined in 1-8 above at any time.
a) Customer shall notify Veregy of its desire to cancel the O&M Agreement in writing within 15 days of receiving
the invoice for the following Guarantee Year.
b) Future payments as well as associated service will be cancelled.
c) If there is any unexpected degradation in the solar production that can be attributed to lack of proper
maintenance, the cancellation of O&M service shall be accompanied by cancellation of Measurement and
Verification services outlined in Attachment K, section 3.3.
d) The CUSTOMER may request service of the array as needed and will be billed at the “Hourly Rate Schedule”
shown in the table below, which is subject to the terms listed underneath the table.
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Ye a r 1 4,100$
Ye a r 2 4,203$
Ye a r 3 4,308$
Ye a r 4 4,415$
Ye a r 5 4,526$
Ye a r 6 4,639$
Ye a r 7 4,755$
Ye a r 8 4,874$
Ye a r 9 4,995$
Ye a r 1 0 5,120$
Ye a r 1 1 5,248$
Ye a r 1 2 5,380$
Ye a r 1 3 5,514$
Ye a r 1 4 5,652$
Ye a r 1 5 5,793$
Annual Solar Service
Cos ts
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HOURLY RATE SCHEDULE
Maintenance Services Hourly Rates
Lead Technician [$130.00]
Technician [$115.00]
Drive [$80.00]
Professional and Technical Services
Project Manager/Engineer [$135.00]
Technical / Data Services / Networking [$125.00]
Project Assistant [$120.00]
Fleet Services
Truck Charge – 2+ hours of drive [$75.00]
Delivery Charge $1.25 / Mile [$1.25 / Mile]
Fuel Surcharge [$15.00]
Materials
Actual Price + 20% + Delivery 20% + Delivery
Tool Rental Actual Price +20% 20%
Consumables / Tools 5% of Labor Rate
Other Costs
1. Cost per truck roll will be invoiced at time and materials (T&M) rate listed above and dispatched per
Customer’s request.
2. Daily/Saturday Overtime will be billed at 1.5 times the hourly rates. Sunday/Holiday Overtime will be billed
at 2 times the rates.
3. Mileage will be billed at the published IRS mileage rates in effect.
4. Travel time to and from Customer sites will be billed at hourly rates shown above.
5. Additional Charges such as fuel surcharge, materials, consumable items may be added.
6. Federal published per diem rates (GSA) will apply if applicable.
7. Subcontractors will be billed at invoice price plus 20%.
8. Rates will escalate at 2.75% or per change in Consumer Price Index (whichever is greater) per calendar year.
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ATTACHMENT K: M&V SERVICES
Veregy, LLC
6406 Castleway Court
Indianapolis, IN 46241
City of South Bend – Wastewater Treatment Plant
3113 Riverside Drive, South Bend, Indiana
Guaranteed Energy Savings Project
MEASUREMENT AND VERIFICATION SERVICES
1.0 Scope of Services
1.1 Inclusions
Veregy (“Operator”) shall perform each of the services listed below in this Attachment K:
1.1.1 As it pertains to energy production projects, regular calculations of system performance via energy
production data and weather adjustments.
1.1.2 As it pertains to energy production projects, dispatching of service as related to system performance
calculations as described in section 1.1.1 of Attachment K.
1.1.3 Energy and dollar savings calculations as pertains to and described in Attachment E “Schedule of
Savings” at the end of each Guarantee Year.
1.1.4 Creation and submittal of GESC Annual State Reports to the Indiana Department of Local Government
Finance per Indiana Code “IC 36-1-12.5”.
1.1.5 Customer may request of Operator preliminary energy and dollar savings reports before the conclusion
of a Guarantee Year one (1) time per Guarantee Year; each additional request may be subject to a $350
charge.
1.2 Exclusions
Operator is not expected to perform each of the services listed below in this Attachment K:
1.2.1 Attend or present at any meetings involving the general public, including, but not limited to, board
meetings, etc.
1.3 Responsibility of Customer
1.3.1 Per Indiana Code “IC 36-1-12.5”, a GESC Annual State Report must be signed by both Operator and
Customer and filed with the Indiana Department of Local Government Finance within two months at the
conclusion of each Guarantee Year. Upon receival of a GESC Annual State Report from Operator at the
conclusion of each Guarantee Year, Customer must review and sign GESC Annual State Report and return
to Operator for filing within a reasonable time before the two-month deadline. If at any circumstance
Customer fails to return a signed GESC Annual State Report, or provide a written notice to Operator detailing
a reasonable circumstance as to the refusal to sign a GESC Annual State Report, within the two-month
deadline, then the current Guarantee Year and all subsequent Guarantee Years shall be deemed
STIPULATED and FULFILLED entirely by Operator. A formal letter from Operator will be sent to
Customer detailing the change from a measured to a stipulated guarantee.
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2.0 Example GESC Annual State Report
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3.0 Payment and Terms of Service
3.1 Fee of Service
There will be no fee associated with annual measurement & verification services for the first 5-years. Light
Level subscription fees after year 5 required for data reporting compliance with GESC will be the required
of Customer. Veregy will provide a written quote upon completion of Year 4.
3.2 Payment
N/A
3.3 Cancellation of Service
Measurement and Verification Service may be cancelled at any time at the sole discretion of Customer. Upon
written notice by Customer as to the cancellation of Measurement and Verification Service, the current
Guarantee Year and all subsequent Guarantee Years shall be deemed STIPULATED and FULFILLED
entirely by Operator. A formal letter from Operator will be sent to Customer detailing the change from a
measured to a stipulated guarantee.
3.4 List of Utility (Accounts/Meters) for the Solar Application
Dewatering Facility Meter: 435956392
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ATTACHMENT L: MANDATORY FEDERAL PROVISIONS
1. Contractor confirms that it is in compliance with the following federal requirements for the Work:
(a) The Civil Rights Act of 1964;
(b) The Civil Rights Act of 1968;
(c) The Civil Rights Act of 1866;
(d) The Civil Rights Act of 1870;
(e) The Civil Rights Act of 1871;
(f) The Civil Rights Attorneys' Fees Awards Act of 1976;
(g) The Equal Pay Act of 1963;
(h) The Age Discrimination in Employment Act;
(i) Executive Orders 11246, 11375, 11478, 11126, 12050, 12067, 12086, 12144, 12068, 11141, 11701, 12138, 11625, and
13496;
(j) Any and all regulations implementing any Federal Requirements;
(k) Any and all successor Federal Requirements and/or implementing regulations regarding the foregoing; and
(l) All standards and regulations which have been or shall be promulgated by the parties or agencies administering any of
the foregoing statutes or orders found in subparagraphs (a), (b) or (c) (above herein after collectively referred to as EEO
laws). (“Federal Requirements”)
2. In addition, Contractor shall comply with all applicable federal equal employment statutes and regulations, including
but not limited to:
(a) The Equal Opportunity Clause found at 41 CFR §60-1.4;
(b) The listing of employment opening (Veterans) clause found at 41 CFR § 60-250.3;
(c) The affirmative action compliance program clause found at 41 CFR §60-1.7;
(d) The employment of the handicapped clause found at 41 CFR §60-711.3; and
(e) The minority business enterprises subcontracting program, the small business subcontracting program, the women-
owned business enterprises program and the construction contractors affirmative action requirements found at 41 CFR
§60-4.1, et seq., (“EEO Requirements”).
The promulgated contract clauses for each EEO Requirement are incorporated herein by reference and made a part hereof for all
purposes as more specifically described below.
3. Contractor shall have and exercise full responsibility for compliance with Federal EEO Requirements and other Federal
Requirements which Customer and Veregy reasonably conclude are applicable to the Work for itself, its agents, employees,
material suppliers and subcontractors with respect to any and all portions of the Work. The mere fact that certain Federal
Requirements are referenced or cited herein does not render them applicable to the Project or the Work. Instead, the contract
documents as a whole determine which Federal Requirements are applicable.
4. Contractor will furnish all information and reports required by such Requirements and will permit Customer reasonable
access to its books, records, and accounts directly related to the Project for the purpose of auditing and investigation to ascertain
compliance with such Requirements.
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5. Contractor shall include such Requirements in every contract or purchase order, binding each and every one of its
subcontractors and vendors to all applicable Federal Requirements and EEO Requirements.
6. Contractor shall be bound by the following EEO Requirements:
(a) Equal Opportunity Clause.
(1) Contractor shall comply with the equal opportunity clause promulgated in 41 CFR § 60-1.4(a). 41 CFR § 60-
1.4(a) is incorporated herein by reference and made a part hereof for all purposes pursuant to 41 CFR § 60-1.4(d).
Contractor shall include the equal opportunity clause in each of its nonexempt subcontracts pursuant to 41 CFR §
60-1.4(c).
(2) Contractor shall comply with the equal opportunity clauses promulgated in 48 CFR §§ 52.222.26, 52.222.27, and
52.222-21. Said sections are duplicated and incorporated herein, made a part hereof for all purposes. Contractor
shall include the equal opportunity clauses in each of its nonexempt subcontracts as required in said sections.
(3) (3) EEO-1 Report. Contractor shall file annually, on or before September 30, complete and accurate reports on
Standard Form 100 (EEO-1) promulgated jointly by the Office of Federal Contract Compliance Programs,
the Equal Employment Opportunity Commission and Plans for Progress or such form as may hereafter be
promulgated in its place if Contractor (i) is not exempt in accordance with 41 CFR § 60-1.5; (ii) has 50 or more
employees; (iii) is a prime contractor or first tier subcontractor; and (iv) has a contract, subcontract or purchase
order amounting to $50,000 or more or serves as a depository of Government funds in any amount, or is a financial
institution which is an issuing and paying agent for U.S. savings bonds and savings notes: Provided, That
any subcontractor below the first tier which performs Work pursuant to a subcontract with Contractor shall be
required to file such a report if it meets requirements of (i), (ii), and (iv) above.
(4) Each subcontractor required above to submit reports shall file such a report with the contracting or administering
agency within 30 days after the award to it of a contract or subcontract, unless such subcontractor has submitted
such a report within 12 months preceding the date of the award. Subsequent reports shall be submitted annually, or
at such other intervals as the Director, Office of Federal Contract Compliance Programs (OFCCP) of the United
States Department of Labor, or his or her designee, may require. The Director may extend the time for filing any
report.
(5) Failure to file timely, complete and accurate reports as required constitutes noncompliance under the equal
opportunity clause and is grounds for the imposition by the Director of sanctions as authorized.
(c) Equal Opportunity for Workers with Disabilities. Contractor shall comply with the equal opportunity clause promulgated in
41 CFR § 60-741.5(a). This regulation prohibits discrimination against qualified individuals on the basis of disability and requires
affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified individuals
with disabilities. 41 CFR § 60-741.5(a) is incorporated herein by reference and made a part hereof for all purposes pursuant to
41 CFR § 60-741.5(d). Contractor shall include the equal opportunity clause in each of its nonexempt subcontracts pursuant to
41 CFR § 60-741.5(b).
(d) Employment of Veterans. Contractor shall comply with the equal opportunity clause promulgated in 41 CFR § 60-250.5(a).
41 CFR § 60-250.5(a) is incorporated herein by reference and made a part hereof for all purposes pursuant to 41 CFR § 60-
250.5(d). Contractor shall include the equal opportunity clause in each of its nonexempt subcontracts pursuant to 41 CFR § 60-
250.5(b).
(e) Utilization of Minority Business Enterprises. 41 CFR § 1-1 1310-2 requires, if the value of this contract is $10,000 or more,
that (1) be included; if the value is $500,000 or more, that (2) be included: 1. It is the policy of the Government that minority
business enterprises shall have the maximum practicable opportunity to participate in the performance of Government contracts
and 2. The Contractor agrees to use his best efforts to carry out this policy in the award of his subcontractors to the fullest extent
consistent with the efficient performance of the contract. As used in the contract, the term "Minority Business Enterprise" means
a business, at least 50-percent of which is owned by minority group members or, in the case of the publicly owned business, at
least 51-percent of the stock of which is owned by minority group members.
(f) Disabled Veterans, Recently Separated Veterans, Active Duty Wartime or Campaign Badge Veterans, And Armed Forces
Service Medal Veterans. Contractor shall comply with the employee notice clause requirement promulgated in 41 CFR § 60-
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300.5(a). 41 CFR § 60-300.5(a) is incorporated herein by reference and made a part hereof for all purposes pursuant to 41 CFR
§ 60-300.5(d). Contractor shall include this same provision in each of its subcontracts.
(g) Notification of Employee Rights Under the National Labor Relations Act. Contractor shall comply with the employee notice
clause requirement promulgated in 29 CFR § 471.2 and set forth in 29 CFR part 471, appendix A to subpart A. 29 CFR part 471,
appendix A to subpart A is incorporated herein by reference and made a part hereof for all purposes pursuant to 29 CFR 471.2(b).
Contractor shall include this same provision in each of its subcontracts other than those exempted pursuant to pursuant to 29
CFR § 471.3.
7. Compliance with Inflation Reduction Act. At the time of the signing of this Contract, Customer and Contractor
understand that compliance with prevailing wages and/or apprenticeship (“PVA”) requirements under the Davis Bacon Act
and/or under the Inflation Reduction Act is not required because the ECM 1 in the scope attachment (Attachment A) is smaller
than 1-megawatt and as such exempt from having to comply with PVA requirements. To the extent Customer may later seek
to qualify for increased credit amounts under §§ 30C, 45, 45Q, 45V, 45Y, 45Z, 48, 48C, and 48E, or an increased deduction
amount under § 179D through compliance with PVA requirements, or if Customer later learns that the IRS/Treasury requires
compliance with PVA requirements for the energy credits Customer is seeking, Customer will immediately inform Contractor
and provide Contractor with all information and documentation reasonably necessary to enable Contractor to comply with its
resulting duties relating to PVA requirements, and Contractor will henceforth take all reasonable steps to comply with such
duties. . In addition, Customer may seek to claim an increased credit amount under §§ 45L and 45U for satisfying prevailing
wage requirements. Further, Customer may seek to qualify for bonus credit amounts under §§ 45, 48, 45Y, and 48E if certain
domestic content requirements are satisfied. Finally, Customer may seek to qualify for increased credit amounts under §§ 45, 48,
45Y, and 48E for investment in energy communities or low-income communities
The Department of the Treasury (“Department”) and the Internal Revenue Service (“IRS”) have issued some guidance / proposed
rules regarding the provisions of §§ 30C, 45, 45L, 45Q, 45U, 45V, 45Y, 45Z, 48, 48C, 48E, and 179D of the Internal Revenue
Code (“Code”), as amended or added by Public Law 117-169, 136 Stat. 1818 (August 16, 2022), commonly known as the
Inflation Reduction Act of 2022 (“IRA”). The existing guidance is neither final as to many provisions/topics, nor all-
encompassing, and subject to change. Contractor’s assistance to Customer in determining the Project specifics with an eye toward
securing tax credits, direct payments or grants under the Inflation Reduction Act is based on Contractor’s understanding of the
guidance / proposed rules in existence on the date of the Contract. Contractor does not warrant or guarantee that the Treasury
Department / IRS will agree with Contractor’ understanding, or that (1) Customer will be successful in securing any tax credits,
direct payments or grants under the Inflation Reduction Act, or (2) that Customer’s cost associated with meeting the preconditions
for any tax credit, direct payment or grant under the Inflation Reduction Act will be at the level predicted by Contractor. Customer
agrees that any decision on whether or how to pursue any tax credits, direct payments or grants under the Inflation Reduction
Act, and any decision on how to ensure compliance with any pertinent requirements, preconditions, rules and regulations
applicable to securing any tax credits, direct payments or grants under the Inflation Reduction Act, is based upon Customer’s
own, independent research, and not on that of Contractor.
Subject to the above understanding, Customer and Contractor shall consult and cooperate in assessing the project characteristics
against the requirements found in the IRA, as well as in applicable rules, regulations and statutes to ensure that the best effort is
being made to comply with the guidance provided by the Department and IRS as identified in this section 7, and confirm
Contractor’s ability to comply with such guidance as the guidance becomes available.1
Within the framework of the project characteristics and status predating Contractor’s involvement in the project, Customer and
Contractor will work together to maximize both the amounts in available energy credits under the IRA as well as the likelihood
that the targeted energy credits will be realized on the project. In doing so, Contractor relies on the information provided by
Customer and does not guarantee that any energy credits will actually be awarded on the project.
To the extent the guidance provided by the Department and IRS is identical to the Requirements to which Contractor has
otherwise affirmed compliance within this Attachment L, Contractor reaffirms its compliance with such Requirements for
purposes of the IRA. However, Contractor does not and shall not affirm compliance with any guidance which may be in conflict
with or in excess of the Requirements previously identified in this Attachment L. Contractor shall not be responsible for any
representation made by Customer on its application for or any other communication with the Department or IRS regarding a
credit or increased credit and shall not be liable for any penalty or loss of credit due to Contractor’s failure to comply with such
guidance which is in conflict with or in excess of the Requirements otherwise provided for herein. It is understood that, to the
extent prevailing wage and/or apprenticeship requirements are found to apply to the Project where Customer and Contractor
1 This paragraph and the remaining paragraphs in this Section 7 shall apply equally to other federal funding,
including but not limited to funding under ARPA, that may apply to the project.
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entered into their agreement(s) with the understanding that no such requirement was applicable based on their joint research and
assessment, Contractor may pass on any excess labor costs and/or penalties to Customer that result from the project being later
found to be subject to prevailing wage and/or apprenticeship requirements.
CITY OF SOUTH BEND
MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN
FORM MBE-1.0
MBE UTILIZATION PLAN
This completed form should be supplied with Bids that pertain to City of South Bend Public Works Projects involving MBE participation. It is
the bidder’s sole responsibility to verify whether any listed minority-owned business meets the MBE qualifications.
***Goals should be calculated based on the Base Bid only.***
***Goals should be calculated based on the Base Bid only.***
Project Number: 124-015 Project Name: WWTP Solar
Bidder: Veregy Total Contract Amount: $2,267,831.00 MBE Goal: 1.09%
Page____1___of___ 8____
Name & Address of MBE Primary Contact Person
(Name/Telephone)
Scope of Work to be Performed
(Attach scope/schedule if you need additional space)
Dollar Amount of MBE
Component
Percentage
of Total
Bid/Proposal
D.A. Dodd
1825 E. 12th Street
Mishawaka, IN 46544
Garrett McBride
574-968-0589 Heating and Cooling Equipment Replacement $33,750 1.4%
Submitted by:
Print Name Signature Date
Albert Willis 12/4/24
CITY OF SOUTH BEND
MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN
FORM WBE-1.0
WBE UTILIZATION PLAN
This completed form should be supplied with Bids that pertain to City of South Bend Public Works Projects involving WBE participation. It is
the bidder’s sole responsibility to verify whether any listed woman-owned business meets the WBE qualifications.
***Goals should be calculated based on the Base Bid only.***
***Goals should be calculated based on the Base Bid only.***
Project Number: 124-015 Project Name: WWTP Solar
Bidder: Veregy Total Contract Amount: $2,267,831.00 WBE Goal: 3.84%
Page____2___of___ 8____
Name & Address of WBE Primary Contact Person
(Name/Telephone)
Scope of Work to be Performed
(Attach scope/schedule if you need additional space)
Dollar Amount of WBE
Component
Percentage
of Total
Bid/Proposal
Ritschard Brothers, Inc.
1204 W. Sample Street
South Bend, IN 46619
Don Ritschard
574-288-4777 Removal of Parking Lot and Site Prep $107,987.00 4.8%
Submitted by:
Print Name Signature Date
Albert Willis 12/4/24
CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN FORM MBE-2.0 EVIDENCE OF GOOD FAITH EFFORTS This completed form should be included as part of the Bids documents related to City of South Bend Public Works Projects requiring Good Faith Efforts to obtain MBE participation. Project Number: 124-015 Date: 12/4/2024 Project Name: WWTP Solar Bidder: Veregy Contact Person: Dan Funk Telephone: 574-835-8982 Address: 6406 Castleway Court Suite #100 City: Indianapolis State: IN Zip: 46250 Email: dfunk@veregy.com To determine whether a bidder has demonstrated good faith efforts to reach the MBE utilization goals set forth in the City of South Bend Public Works Project Specifications, the City and its agencies, boards, or commissions, REQUIRE ALL of the following Good Faith Efforts as listed in the table below*: EVIDENCE OF GOOD FAITH EFFORTS MBE LIST(S): The bidder reviewed 1) the City of South Bend’s Minority and Women Business Enterprise Inclusion Program Plan; 2) the list of certified MWBEs provided by the City; and 3) the Indiana Department of Administration list of Minority and Women Owned Businesses (both certified and non-certified) found at: http://www.in.gov/idoa/. GOOD FAITH EFFORTS TO OBTAIN MBE PARTICIPATION The bidder shall initial each item below, as evidence of its good faith efforts to obtain MBE participation in the awarded contract. I affirm that I reviewed the City of South Bend’s Minority and Women Business Enterprise Inclusion Program Plan and the Indiana Department of Administration’s certified list of Indiana Minority and Women Business Enterprises, found on their website (http://www.in.gov/idoa). I affirm that I have made good faith efforts to select portions of the contract work to be performed by MWBEs, including, where appropriate, breaking out contract work items into economically feasible units to facilitate MBE participation. I affirm that I have made good faith efforts to solicit through all reasonable and available means the interest of all MBEs in the scopes of work of the contract. I affirm that I attended all pre-bid meetings scheduled by the City of South Bend to inform MBEs of contracting and subcontracting opportunities. I affirm that I advertised in general circulation and/or trade association publications concerning subcontract opportunities and allowed MBEs reasonable time to respond to such advertisements. I affirm that I performed any and all necessary steps to provide written notices in a manner reasonably calculated to inform MBEs of subcontracting opportunities and allowed sufficient time for MBEs to participate effectively. I affirm that I followed up on initial solicitations with interested MBEs. I affirm that I negotiated with interested MBEs in good faith, including providing such MBEs with adequate information about the plans, specifications and other requirements of the subcontract. I affirm that I have made good faith efforts to assist interested MBEs in obtaining bonding, lines of credit, or insurance as required by the City or the bidder, where appropriate.
CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN FORM MBE-2.0 EVIDENCE OF GOOD FAITH EFFORTS I affirm that I have made good faith efforts to assist interested MBEs in obtaining necessary equipment, supplies, materials, or related assistances or services, where appropriate. I affirm that I did not reject any MBEs as unqualified without sound business reasons based on a thorough investigation of their capabilities. CONTRACT RECORDS: The bidder has maintained the following records for each MBE that has bid on the subcontracting opportunity: 1. Name, address, and telephone number; 2. A description of information provided by the bidder or subcontractor; and 3. A statement of whether an agreement was reached, and if not, why not, including any reasons for concluding that the MBE was unqualified to perform the job. *Proper demonstration of Good Faith Efforts requires your initials next to all of the above boxes. Any omissions shall be considered grounds for rejection of the bid by the Board of Public Works. The City of South Bend reserves the right to request additional information.
CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN FORM WBE-2.0 EVIDENCE OF GOOD FAITH EFFORTS This completed form should be included as part of the Bids documents related to City of South Bend Public Works Projects requiring Good Faith Efforts to obtain MWBE participation. Project Number: 124-015 Date: 12/4/2024 Project Name: WWTP Solar Bidder: Veregy Contact Person: Dan Funk Telephone: 574-835-8982 Address: 6406 Castleway Court Suite #100 City: Indianapolis State: IN Zip: 46250 Email: dfunk@veregy.com To determine whether a bidder has demonstrated good faith efforts to reach the WBE utilization goals set forth in the City of South Bend Public Works Project Specifications, the City and its agencies, boards, or commissions, REQUIRE ALL of the following Good Faith Efforts as listed in the table below*: EVIDENCE OF GOOD FAITH EFFORTS WBE LIST(S): The bidder reviewed 1) the City of South Bend’s Minority and Women Business Enterprise Inclusion Program Plan; 2) the list of certified MWBEs provided by the City; and 3) the Indiana Department of Administration list of Minority and Women Owned Businesses (both certified and non-certified) found at: http://www.in.gov/idoa/. GOOD FAITH EFFORTS TO OBTAIN WBE PARTICIPATION The bidder shall initial each item below, as evidence of its good faith efforts to obtain WBE participation in the awarded contract. I affirm that I reviewed the City of South Bend’s Minority and Women Business Enterprise Inclusion Program Plan and the Indiana Department of Administration’s certified list of Indiana Minority and Women Business Enterprises, found on their website (http://www.in.gov/idoa). I affirm that I have made good faith efforts to select portions of the contract work to be performed by WBEs, including, where appropriate, breaking out contract work items into economically feasible units to facilitate WBE participation. I affirm that I have made good faith efforts to solicit through all reasonable and available means the interest of all WBEs in the scopes of work of the contract. I affirm that I attended all pre-bid meetings scheduled by the City of South Bend to inform WBEs of contracting and subcontracting opportunities. I affirm that I advertised in general circulation and/or trade association publications concerning subcontract opportunities and allowed WBEs reasonable time to respond to such advertisements. I affirm that I performed any and all necessary steps to provide written notices in a manner reasonably calculated to inform WBEs of subcontracting opportunities and allowed sufficient time for WBEs to participate effectively. I affirm that I followed up on initial solicitations with interested WBEs. I affirm that I negotiated with interested WBEs in good faith, including providing such WBEs with adequate information about the plans, specifications and other requirements of the subcontract. I affirm that I have made good faith efforts to assist interested WBEs in obtaining bonding, lines of credit, or insurance as required by the City or the bidder, where appropriate.
CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN FORM WBE-2.0 EVIDENCE OF GOOD FAITH EFFORTS I affirm that I have made good faith efforts to assist interested WBEs in obtaining necessary equipment, supplies, materials, or related assistances or services, where appropriate. I affirm that I did not reject any WBEs as unqualified without sound business reasons based on a thorough investigation of their capabilities. CONTRACT RECORDS: The bidder has maintained the following records for each WBE that has bid on the subcontracting opportunity: 1. Name, address, and telephone number; 2. A description of information provided by the bidder or subcontractor; and 3. A statement of whether an agreement was reached, and if not, why not, including any reasons for concluding that the MWBE was unqualified to perform the job. *Proper demonstration of Good Faith Efforts requires your initials next to all of the above boxes. Any omissions shall be considered grounds for rejection of the bid by the Board of Public Works. The City of South Bend reserves the right to request additional information.
CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN FORM MBE-2.1 MBE CONTACTED This completed form should be supplied with Bids that pertain to City of South Bend Public Works Projects requiring Good Faith Efforts to contact MBEs. It is the bidder’s sole responsibility to verify whether any listed minority-owned business meets the MBE qualifications. Attach additional pages if necessary. PAGE____7___OF___8_____ Project Number: 124-015 MBE Participation Goal 1.09% Project Name: WWTP Solar Bidder: Veregy By: 12/4/2024 (Signature) (Title) (Date) MBE Firm D.A. Dodd Owner or Contact at MBE Firm Garrett McBride Telephone: 574-968-0589 Fax: Email: garrettmcbride@dadodd.com HVAC Equipment Replacement RESULTS OF CONTACT WITH THE MBE FIRM: D.A. Dodd successfully submitted a quote to Veregy for their services and have been selected to perform the work. MBE Firm Owner or Contact at MBE Firm Telephone: Fax: Email: TYPE OF WORK SOLICITED FOR THIS PROJECT: RESULTS OF CONTACT WITH THE MBE FIRM:
CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN FORM MBE-2.1 WBE CONTACTED This completed form should be supplied with Bids that pertain to City of South Bend Public Works Projects requiring Good Faith Efforts to contact WBEs. It is the bidder’s sole responsibility to verify whether any listed woman-owned business meets the WBE qualifications. Attach additional pages if necessary. PAGE____8___OF___8_____ Project Number: 124-015 WBE Participation Goal 3.84% Project Name: WWTP Solar Bidder: Veregy By: 12/4/2024 (Signature) (Title) (Date) WBE Firm Ritschard Brothers, Inc. Owner or Contact at WBE Firm Don Ritschard Telephone: 574-288-4777 Fax: Email: rit1204@datacruz.com Removal of parking lot and general site prep for solar array. RESULTS OF CONTACT WITH THE WBE FIRM: Ritschard Brothers have been selected to perform the civil site prep work. WBE Firm Owner or Contact at WBE Firm Telephone: Fax: Email: TYPE OF WORK SOLICITED FOR THIS PROJECT: RESULTS OF CONTACT WITH THE WBE FIRM:
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date: 12/3/2024
Name: Gemma Stanton Department of Public Works – Engineering Division
BPW Date: 12/10/2024 Phone Extension: 9083
Required Prior to Submittal to Board
BPW Attorney Attorney Name
Dept. Attorney Attorney Name
Purchasing
Check the Appropriate Item Type – Required for All Submissions
Professional Services Agreement Contract Proposal
Open Market Contract Amendment/Addendum Special Purchase, QPA
Bid Opening Bid Award Req. to Advertise Title Sheet
Quote Opening Quote Award Reject Bids/Quotes
Proposal Opening C/O & PCA No. PCA
Chg. Order, No. Traffic Control Resolution
Other: Ease./Encroach
Required Information
Company or Vendor Name Veregy
New Vendor Yes If Yes, Approved by Purchasing
No
MBE/WBE Contractor MBE
WBE Completed E-Verify Form Attached Yes
No
Project Name WWTP Solar Guaranteed Energy Savings Contract (GESC)
Project Number 124-015
Funding Source PR-37710
Account No. 642-514-443001
Amount $2,267,831
Terms of Contract Guaranteed Energy Savings
Purpose/Description Guaranteed energy savings contract to install solar energy generation
and energy saving upgrades at the Wastewater Treatment Plant
For Change Orders Only
Amount of Increase
Decrease
$
($ )
Previous Amount $
Current Percent of Change:
Increase
Decrease
%
( %)
New Amount $
Total Percent of Change:
Increase
Decrease
%
( %)
Time Extension Amount:
New Completion Date: