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City of Cotati RFP Response - Centrica

Cotati City Council
October 22, 2024

Document
City of Cotati RFP Response - Centrica
Meeting
October 22, 2024
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Cotati City Council
Pages
219
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Text extracted from the city's file for reading and search. Open the original on cotaticity.primegov.com. That file is the official record.

Cortland County, NY
Year 3 Measurement and Verification Report
(C) 2021 Centrica plc.

The post installation COP is calculated as follows:

𝐢𝑂𝑃 =
πΈπ‘›π‘’π‘Ÿπ‘”π‘¦ 𝑂𝑒𝑑𝑝𝑒𝑑 (
𝐡𝑑𝑒
β„Žπ‘Ÿ
)
πΈπ‘›π‘’π‘Ÿπ‘”π‘¦ 𝐼𝑛𝑝𝑒𝑑 (π‘Šπ‘Žπ‘‘π‘‘π‘ )
Motor Power Draw on Loop Pumps
SmartWatt energy engineers retrieved trend data from the energy management system for the PSB loop transfer pumps. The post installation motor power is input into the energy savings calculations to verify post installation energy use. The minimum power is 18% in the bins of 45-60 Β°F. Tables 9 and 10 illustrate the change in power from what was proposed in the IGA to the verified VFD Power for Year 2 of the term. Corrections were made during Year 2 to reflect slightly more energy savings than Year 1.

During the IGA, power of the motor is calculated using the fan laws. The power is a cubic function of the speed of the motor. This means that as the speed decreases, the fan power decreases by an exponential power of 3.

During Year 2 of the term, the power was pulled directly from the building energy management system for each bin listed in the tables below. The % power was a direct relation of the average energy vs max energy use for each bin.
7 Equipment logger failed upon initiation and therefore was not included in the EER calculation.

HP Drawing
ID Model Number
Average
Amperage
(Measured)
Voltage Heating
Btuh
Calculated COP
Used in Energy
Calculations
6 50PEC12TXLECD1A1 3.39 208 13,300 5.53
157 50PEC09TXLECD1A1 - - - -
19 50PEC09TXLECD1A1 2.84 208 10,800 5.74
23 50PEC09TXLECD1A1 2.49 208 10,800 5.74
33 50PEC09TXLECD1A1 2.63 208 10,800 5.74
Cortland County, NY
Year 3 Measurement and Verification Report
(C) 2021 Centrica plc.

Table 7: IGA Proposed VFD Power Table 8: Year 2 Verified VFD Power

Space Temperature
SmartWatt energy engineers retrieved trend data from the energy management system for the heat pumps in the Public Safety building for the 2019 calendar year. During the summer check in of the building automation system, it was confirmed that 19 of 38 heat pumps were forced into β€œalways occ” mode. This was comparable to the year 1 observation that had 21 of 38 heat pumps that has the same status. Figure 1 is reflective of the average building space temp and set point as it relates to a representative sample of spaces throughout the building. Figure 2 below is reflective of a heat pump that has the thermostat overridden to reflect an β€œalways occupied” status with little variation during January 2019. As indicated most of the spaces are set according to a schedule with some variation throughout the weekends. Below is a chart that describes the proposed space temperatures from the IGA along with the verified space temperatures.

BIN Hours (Β°F) Proposed Power
with VFD (%)
95 to 100 102%
90 to 95 75%
85 to 90 52%
80 to 85 34%
75 to 80 21%
70 to 75 11%
65 to 70 5%
60 to 65 5%
55 to 60 5%
50 to 55 5%
45 to 50 5%
40 to 45 5%
35 to 40 5%
30 to 35 5%
25 to 30 10%
20 to 25 16%
15 to 20 25%
10 to 15 35%
5 to 10 48%
0 to 5 63%
-5 to 0 81%
-10 to -6 102%
BIN Hours (Β°F) Verified Power
on VFD (%)
95 to 100 19%
90 to 95 23%
85 to 90 22%
80 to 85 22%
75 to 80 21%
70 to 75 20%
65 to 70 19%
60 to 65 19%
55 to 60 18%
50 to 55 18%
45 to 50 18%
40 to 45 19%
35 to 40 19%
30 to 35 19%
25 to 30 20%
20 to 25 19%
15 to 20 20%
10 to 15 20%
5 to 10 19%
0 to 5 20%
-5 to 0 19%
-10 to -6 19%
Cortland County, NY
Year 3 Measurement and Verification Report
(C) 2021 Centrica plc.

IGA Temperatures
(Β°F)
Year 2 Verified
Temperatures (Β°F)
Post Installation Occupied
Heating Temperature 70 71
Post Installation Unoccupied
Heating Temperature 65 70
Post Installation Occupied
Cooling Temperature 74 72
Post Installation Unoccupied
Cooling Temperature 78 72
Figure 2: PSB Average Space Temp
Cortland County, NY
Year 3 Measurement and Verification Report
(C) 2021 Centrica plc.

Figure 3: Heat Pump #2 with Overridden Setpoint
The shortfall in savings as it relates to this item of the project is associated with fewer setbacks during unoccupied times than anticipated. The occupied temperatures are also slightly higher on the heating and lower on the cooling. This results in more energy use than anticipated. SmartWatt has worked with the occupants of the building along with the county staff to address the temperatures throughout Year 2 of the reporting period.

Throughout the year, it has been noted that the schedules and temperatures were changed to address occupant requests.

Cortland County, NY
Year 3 Measurement and Verification Report
(C) 2021 Centrica plc.

3.8 FIM 8 – Cooling Tower Replacement at PSB
Pre-Installation
Pre-Installation Energy Use (kWh/yr)
13,783
Post - Installation
Post - Installation IGA
Energy Use (kWh/yr)
Post - Installation Verified
Energy Use (kWh/yr) Variance (kWh/yr)
2,905 2,183 (722)
Energy Savings
Guaranteed Energy
Savings (kWh/yr)8
Verified Energy Savings
(kWh/yr)
Variance from
Guarantee (kWh/yr)
9,790 11,600 1,810
Overview
Installation of this FIM includes replacing the existing cooling tower located in the PSB mezzanine along with a new VFD and motor on the cooling tower fan. The measurement and verification plan outlined in the IGA required measurements for this FIM to be Performed in Year 1 only. Therefore, the measurements made below are representative from Year 1 of the project term and reflected accordingly.

Stipulated Parameters
Stipulated parameters were based on current equipment nameplates, drawings, and engineering estimates as defined in the table that follows:

Cooling Tower Fan Motor
Fan Load Factor 90%
Fan Motor Efficiency 72% High Speed, 85.5% Low Speed
New Motor Efficiency 91.7%
Minimum Fluid Flow 30%
Fan on Low Speed point for fan (Β°F) 50
Fan on High Speed point for fan (Β°F) 70
% Flow at each BIN Appendix B of IGA
VFD Efficiency 98%
Post FIM Measurement Procedure
β€’ Power Draw on motor & flow trended through EMS
β€’ Outside Air Temperature for the same period
8 Includes a .90 safety factor.

Cortland County, NY
Year 3 Measurement and Verification Report
(C) 2021 Centrica plc.

Motor Power Draw on Loop Pumps
SmartWatt energy engineers retrieved trend data from the energy management system for the PSB cooling tower fan. The post installation motor power is input into the energy savings calculations to verify post installation energy use. Tables 12 and 13 illustrate the change in power from what was proposed in the IGA to the verified VFD Power. The VFD is working as designed with a slight surplus in energy savings. This is due to the lower power % during the middle temperature bins where the majority of the hours are located.

Table 12: IGA Proposed VFD Power Table 13: Verified VFD Power

BIN Hours (Β°F) Proposed Power
with VFD (%)
95 to 100 102%
90 to 95 77%
85 to 90 57%
80 to 85 40%
75 to 80 26%
70 to 75 16%
65 to 70 8%
60 to 65 5%
55 to 60 5%
50 to 55 5%
BIN Hours (Β°F) Verified Power
on VFD (%)
95 to 100 102%
90 to 95 77%
85 to 90 41%
80 to 85 11%
75 to 80 7%
70 to 75 8%
65 to 70 9%
60 to 65 10%
55 to 60 9%
50 to 55 6%
Cortland County, NY
Year 3 Measurement and Verification Report
(C) 2021 Centrica plc.

3.9 FIM 9 – Replace Boilers in Public Safety Building
Pre-Installation
Pre-Installation Gas Use (Therm/yr)
12,730
Post - Installation
Post – Installation IGA
Natural Gas (Therm/yr)
Post - Installation Verified
Natural Gas (Therm/yr) Variance (Therm/yr)
9,977 10,292 315
Energy Savings
Guaranteed NG Savings
(Therm/yr)
Verified NG Savings
(Therm/yr)
Variance from
Guarantee (Therm/yr)
2,478 2,439 (39)
Overview
Installation of this FIM includes replacing the existing two (2) natural-gas fired boilers with two (2) high efficiency PK Mach Series 500 Boilers – Model CM500 at the Public Safety Building. The increase in combustion efficiency results in a reduction in natural gas use. The measurement and verification plan outlined in the IGA required measurements for this FIM to be Performed in Year 1 only. Therefore, the measurements made below are representative from Year 1 of the project term and reflected accordingly.

Post FIM Measurement Procedure
SmartWatt has taken a combustion efficiency measurement post installation of the two boilers. The results of the verified measurement compared to the proposed measurement are shown in the table below.

Combustion Efficiency
IGA Proposed Efficiency Verified Efficiency
94% 91%
Saving Measurement Procedure
Energy savings are calculated by increasing boiler efficiency. The calculations utilized to determine savings are provided below:

π΄π‘›π‘›π‘’π‘Žπ‘™ 𝑁𝐺 π‘†π‘Žπ‘£π‘–π‘›π‘”π‘  = π΅π‘Žπ‘ π‘’π‘™π‘–π‘›π‘’ 𝑁𝐺 π‘ˆπ‘ π‘’ βˆ’ π‘ƒπ‘œπ‘ π‘‘ πΌπ‘›π‘ π‘‘π‘Žπ‘™π‘™π‘Žπ‘‘π‘–π‘œπ‘› 𝑁𝐺 π‘ˆπ‘ π‘’ π΅π‘Žπ‘ π‘’π‘™π‘–π‘›π‘’ 𝑁𝐺 π‘ˆπ‘ π‘’ = π‘‡π‘œπ‘‘π‘Žπ‘™ πΉπ‘Žπ‘π‘–π‘™π‘–π‘‘π‘¦ 𝑁𝐺 π‘ˆπ‘ π‘’ βˆ’ π·π»π‘Š 𝑁𝐺 π‘ˆπ‘ π‘’
π‘ƒπ‘œπ‘ π‘‘ πΌπ‘›π‘ π‘‘π‘Žπ‘™π‘™ 𝑁𝐺 π‘ˆπ‘ π‘’ =
π΅π‘Žπ‘ π‘’π‘™π‘–π‘›π‘’ 𝑁𝐺 π‘ˆπ‘ π‘’ Γ— πΆπ‘’π‘Ÿπ‘Ÿπ‘’π‘›π‘‘ π΅π‘œπ‘–π‘™π‘’π‘Ÿ 𝐸𝑓𝑓𝑖𝑐𝑖𝑒𝑛𝑐𝑦
π‘ƒπ‘œπ‘ π‘‘ πΌπ‘›π‘ π‘‘π‘Žπ‘™π‘™π‘Žπ‘‘π‘–π‘œπ‘› π‘€π‘’π‘Žπ‘ π‘’π‘Ÿπ‘’π‘‘ 𝐸𝑓𝑓𝑖𝑐𝑖𝑒𝑛𝑐𝑦 π‘₯ π‘ƒπ‘œπ‘ π‘‘ πΌπ‘›π‘ π‘‘π‘Žπ‘™π‘™ π·π‘–π‘ π‘‘π‘Ÿπ‘–π‘π‘’π‘‘π‘–π‘œπ‘› 𝐸𝑓𝑓𝑖𝑐𝑖𝑒𝑛𝑐𝑦 Cortland County, NY
Year 3 Measurement and Verification Report
(C) 2021 Centrica plc.

π΄π‘›π‘›π‘’π‘Žπ‘™ $ π‘†π‘Žπ‘£π‘–π‘›π‘”π‘  = π΄π‘›π‘›π‘’π‘Žπ‘™ 𝑁𝐺 π‘†π‘Žπ‘£π‘–π‘›π‘”π‘  Γ— $/π‘‡β„Žπ‘’π‘Ÿπ‘š π‘…π‘Žπ‘‘π‘’
Cortland County, NY
Year 3 Measurement and Verification Report
(C) 2021 Centrica plc.

3.10 FIM 10 – HVAC Upgrades at the County Office Building Pre-Installation Energy Use
Electric Usage (kWh/yr) Electric Use – Adjusted
Baseline (kWh/yr)9
Natural Gas Usage
(Therm/yr)
193,099 199,772 57,711
Post - Installation IGA Post - Installation Verified Variance Electric
Usage
(kWh/yr)
Natural
Gas Usage
(Therm/yr)
Electric
Usage
(kWh/yr)
Natural Gas
Usage
(Therm/yr)
Electric Usage
(kWh/yr)
Natural Gas
Usage
(Therm/yr)
32,678 41,621 49,688 44,134 -11,456 -2,513
Energy Savings - Guarantee10 Energy Savings - Verified Variance from IGA Guarantee
Electric
(kWh/yr)
Natural Gas
(Therm/yr)
Electric
(kWh/yr)
Natural Gas
(Therm/yr)
Electric
(kWh/yr)
Natural
(Therm/yr)
144,378 14,481 150,084 13,577 5,706 904
Overview
Installation of this FIM includes the following three upgrades:
o Install Building Automation System.
o Reduction in FCU and UV Operating Hours.
o VFDs installed on the chilled water and hot water pumps.

Stipulated Parameters
Stipulated parameters were based on current equipment nameplates, drawings, and engineering estimates. A summary of the stipulated parameters is listed in the tables below:
9 Baseline adjusted to include all temperature bins in pre and post calculation. 10 Includes a 0.90 safety factor as stated in original IGA proposal.

Cortland County, NY
Year 3 Measurement and Verification Report
(C) 2021 Centrica plc.

BMS Installation (Setup/Setback and Temperature Correction) Boiler Efficiency 92%
Chiller Efficiency (kW/ton) 1.0
Ventilation Rate (cfm) 2,625
Window U Factor (Btu/(h*sqft*Β°F)) 0.55
Wall U Factor (Btu/(h*sqft*Β°F)) 0.06
Roof U Factor (Btu/(h*sqft*Β°F)) 0.03
Window Area (ftΒ²) 12,025
Wall Area (ftΒ²) 51,205
Roof Area (ftΒ²) 27,914
Air Infiltration Leakage (cfm/FtΒ²) 0.1
Building Solar Gain Heating Season (Β°F) Basement thru 2nd Floor 5 Building Solar Gain Cooling Season (Β°F) Basement thru 2nd Floor 10 Baseline Occ Heating Temperature (Β°F) Basement thru 2nd Floor 71.0 Baseline Unocc Heating Temperature (Β°F) Basement thru 2nd Floor 70.7 Proposed Occ Heating Temperature (Β°F) Basement thru 2nd Floor 70 Proposed Unocc Heating Temperature (Β°F) Basement thru 2nd Floor 65 Baseline Occ Cooling Temperature (Β°F) Basement thru 2nd Floor 74 Baseline Unocc Cooling Temperature (Β°F) Basement thru 2nd Floor 74 Proposed Occ Cooling Temperature (Β°F) Basement thru 2nd Floor 74 Proposed Unocc Cooling Temperature (Β°F) Basement thru 2nd Floor 80 Building Solar Gain Heating Season (Β°F) Third Floor 5
Building Solar Gain Cooling Season (Β°F) Third Floor 10
Baseline Occ Heating Temperature (Β°F) Third Floor 72.6
Baseline Unocc Heating Temperature (Β°F) Third Floor 71.7 Proposed Occ Heating Temperature (Β°F) Third Floor 70
Proposed Unocc Heating Temperature (Β°F) Third Floor 65
Baseline Occ Cooling Temperature (Β°F) Third Floor 74
Baseline Unocc Cooling Temperature (Β°F) Third Floor 74
Proposed Occ Cooling Temperature (Β°F) Third Floor 74
Proposed Unocc Cooling Temperature (Β°F) Third Floor 80
Boiler Efficiency 92%
Reduction in FCU and UV Operating Hours
Unit Ventilator Quantity 67
Unit Ventilator Total Power (HP) 8.4
Existing Unit Ventilator Motor Efficiency 30%
Unit Ventilator Part Load Factor 90%
Unit Ventilator Annual Operating Hours (hr/yr) 4,928
New Unit Ventilator Motor Efficiency 70%
Fan Coil Unit Quantity 55
Fan Coil Unit Total Power (HP) 0.9
Existing Fan Coil Unit Motor Efficiency 30%
Fan Coil Unit Part Load Factor 90%
Cortland County, NY
Year 3 Measurement and Verification Report
(C) 2021 Centrica plc.

Savings Measurement Procedure
M&V Option A was selected to provide a cost-effective means to evaluate savings. The post-installation measurement parameters that were made are as follows:
β€’ EMS Space Temperature
β€’ FCU and UV Operating Hours
β€’ VFD Motor Power Draw from EMS
EMS Space Temperatures
SmartWatt energy engineers retrieved trend data from the energy management system for the 2019 calendar year. The table below represents the total average space temperature for that time period for a representative sample of the building.

Fan Coil Unit Annual Operating Hours (hr/yr) 4,928
VFD Improvements
Hot Water Pump Rated Power (HP) 10
Hot Water Pump Motor Efficiency 91.0%
Hot Water Pump Load Factor 90%
Chilled Water Pump Rated Power (HP) 7.5
Chilled Water Pump Motor Efficiency 91.7%
Chilled Water Pump Load Factor 90%
Minimum Fluid Flow 30%
Heating On point for HW pump (degF) 50
Cooling On point for CW pump (degF) 55
Annual Operating Hours BinMaker Pro (See Appendix B of the IGA) % Flow at each BIN Appendix B of the IGA
VFD Efficiency 98%
Basement – 2
nd Floor Summary
IGA Temperatures
(Β°F)
Verified
Temperatures (Β°F)
Post Installation Occupied
Heating Temperature 70 70.1
Post Installation Unoccupied
Heating Temperature 65 67.4
Post Installation Occupied
Cooling Temperature 74 73.4
Post Installation Unoccupied
Cooling Temperature 80 74.2
3 rd Floor Summary
Cortland County, NY
Year 3 Measurement and Verification Report
(C) 2021 Centrica plc.

The figures below are a graphical representation of the set points along with the space temperature for the month of January 2019 to illustrate the temperature trends of the building. On some dates, space temperatures are trending higher than the programmed setpoint. The graphs below indicate that electric space heater use within the building could be attributing to the higher than anticipated space temperatures. This was noted in Year 1 and brought to the County’s attention by SmartWatt throughout Year 2 check ins.

IGA Temperatures
(Β°F)
Verified
Temperatures (Β°F)
Post Installation Occupied
Heating Temperature 70 70.3
Post Installation Unoccupied
Heating Temperature 65 67.2
Post Installation Occupied
Cooling Temperature 74 73.3
Post Installation Unoccupied
Cooling Temperature 80 75.6
Cortland County, NY
Year 3 Measurement and Verification Report
(C) 2021 Centrica plc.

Cortland County, NY
Year 3 Measurement and Verification Report
(C) 2021 Centrica plc.

FCU and UV Operating Hours
SmartWatt energy engineers have trended run times of the fan coil units (FCUs) and the unit ventilators (UVs) for the 2019 calendar year. The tables below represent the verified Year 2 run times compared to the verified run times from the trend data for Year 1. The verified hours of the unit ventilators are slightly lower on the first 3 floors and slightly higher on the 3rd floor. This is an overall reduction from the Year 1 run-times in the last column of the tables below.

COB UV & FCU Fan Run Times B-2
nd Floor
IGA Proposed Run
Time (Hours)
Verified Run Time -
Year 2 (Hours)
Verified Run Time -
Year 1 (Hours)
Unit Ventilators - 750 CFM 1095 746 817
Unit Ventilators - 1,000 CFM 1095 746 817
Unit Ventilators - 1,250 CFM 1095 746 817
Unit Ventilators - 1,500 CFM 1095 746 817
Fan Coil Units 1095 1267 2071
COB UV & FCU Fan Run Times 3rd Floor
IGA Proposed Run
Time (Hours)
Verified Run Time
– Year 2 (Hours)
Verified Run Time
– Year 1 (Hours)
Unit Ventilators 1095 1623 1057
Fan Coil Units 1095 1059 2780
Cortland County, NY
Year 3 Measurement and Verification Report
(C) 2021 Centrica plc.

VFD Motor Power Draw
SmartWatt energy engineers retrieved trend data from the energy management system for the COB Chilled water and hot water loop pumps. The post installation motor power is input into the energy savings calculations to verify post installation energy use.

During the IGA, power of the motor is calculated using the fan laws. The power is a cubic function of the speed of the motor. This means that as the speed decreases, the fan power decreases by an exponential power of 3.

During Year 2 of the term, the power was pulled directly from the building energy management system for each bin listed in the tables below. The % power was a direct relation of the average energy vs max energy use for each bin.

Tables 11 and 12 illustrate the change in power from what was proposed in the IGA to the verified VFD power.

During Year 1 The verified power represented a larger power draw during the middle temperature bins. This was addressed during Year 2 of the term and the lower percent power is reflective during the cooling bins.

Table 9: IGA Proposed VFD Power Table 10: Year 2 - Verified VFD Power The shortfall in savings as it relates to this item of the project is associated with reduced setbacks during unoccupied times than anticipated. The occupied temperatures are also slightly higher on the heating and lower BIN Hours Proposed Power
with VFD (%)
95 to 100 102%
90 to 95 75%
85 to 90 52%
80 to 85 34%
75 to 80 21%
70 to 75 11%
65 to 70 5%
60 to 65 5%
55 to 60 5%
50 to 55 0%
45 to 50 5%
40 to 45 5%
35 to 40 5%
30 to 35 5%
25 to 30 10%
20 to 25 16%
15 to 20 25%
10 to 15 35%
5 to 10 48%
0 to 5 63%
-5 to 0 81%
-10 to -6 102%
BIN Hours Verified Power
on VFD (%)
95 to 100 41%
90 to 95 51%
85 to 90 11%
80 to 85 5%
75 to 80 3%
70 to 75 2%
65 to 70 1%
60 to 65 2%
55 to 60 1%
50 to 55 2%
45 to 50 2%
40 to 45 69%
35 to 40 34%
30 to 35 71%
25 to 30 71%
20 to 25 72%
15 to 20 72%
10 to 15 73%
5 to 10 74%
0 to 5 76%
-5 to 0 78%
-10 to -6 102%
Cortland County, NY
Year 3 Measurement and Verification Report
(C) 2021 Centrica plc.
on the cooling. This results in more energy use than anticipated. SmartWatt has worked with the occupants and County staff during Year 2 of the term to address the temperatures through frequent check-ins. However, the schedules and temperatures are still being overridden and, in some cases, result in the temperatures being slightly higher than anticipated. This is an improvement from Year 1, but the overall measure is still slightly below the anticipated savings amount.

Cortland County, NY
Year 3 Measurement and Verification Report
(C) 2021 Centrica plc.

3.11 FIM 11 – Replace RTUs in the County Office Building Pre-Installation
Pre-Installation Electric Use (kWh/yr)
106,912
Post - Installation
Post – Installation IGA
Electric Use (kWh/yr)
Post - Installation Verified
Electric Use (kWh/yr) Variance (kWh/yr)
40,415 43,853 (3,438)
Energy Savings
Guaranteed kWh
Savings11 (kWh/yr)
Verified kWh Savings
(kWh/yr)
Variance from
Guarantee (kWh/yr)
59,847 63,059 3,212
Overview
Installation of this FIM included the following upgrades:
β€’ Replaced 5 existing rooftop units with 5 new Carrier roof top units. β€’ Reduced RTU unoccupied motor run time.

The measurement and verification plan outlined in the IGA required measurements for this FIM to be Performed in Year 1 only. Therefore, the measurements made below are representative from Year 1 of the project term and reflected accordingly.

Stipulated Parameters
Stipulated parameters were based on current equipment nameplates, drawings, and engineering estimates. A summary of the stipulated parameters is listed in the table below:
11 Includes a 0.90 safety factor as stated in original IGA proposal.

Cortland County, NY
Year 3 Measurement and Verification Report
(C) 2021 Centrica plc.

Savings Measurement Procedure
M&V Option A was selected to provide a cost-effective means to evaluate savings. The post-installation measurement parameters that were made are as follows:
β€’ Visual Inspection of RTUs and SEER
β€’ Operating hours during unoccupied periods
β€’ RTU motor power and energy from as-built package
Post FIM Measurement Procedure
SmartWatt has verified the SEER of the units being installed compared to the proposed SEER from the as-built package. The Verified SEER was approximately 13% lower than anticipated. Due to the guarantee being at 90% and the slight surplus in verified unoccupied run times, the measure has a net positive total of 3,212 kWh.

SEER
IGA Proposed SEER Verified SEER

17.1 14.8
The tables below represent the verified reduction in runtime during unoccupied hours compared to the runtime hours proposed in the IGA. The RTU fan run times were taken from the EMS trends over a 1 year period (2018).

COB RTUs
Total Cooling Rating (Tons) 60
Average EER of RTUs including degradation 6.16
Equivalent Full Load Operating Hours (hr/yr) from NYS Tech Manual 667 Total Supply Fan Rating (HP) 11
Supply Fan Runtime During Unoccupied Periods 3,528
Supply Fan Part Load Factor 90%
Existing Supply Fan Efficiency 90%
Proposed Supply Fan Efficiency 92%
RTU Run Times During Unoccupied Hours
IGA Proposed Run
Time (Hours)
Verified Run Time
(Hours)
AC-1 1536 1369
AC-2 1536 1444
AC-3 1536 1123
AC-4 1536 1654
AC-5 1536 1519
Cortland County, NY
Year 3 Measurement and Verification Report
(C) 2021 Centrica plc.

The verified run hours were approximately 7.5% (571 hours) lower than proposed and resulted in a slight surplus in energy savings.

Saving Measurement Procedure
Energy savings are calculated through the increase in RTU efficiency (EER) as well as a reduction in the supply fan run time during unoccupied periods. Each saving calculation is defined below:

πΈπΈπ‘…π‘€π‘’π‘Žπ‘ π‘’π‘Ÿπ‘’π‘‘ =
π‘…π‘Žπ‘‘π‘’π‘‘ 𝐡𝑑𝑒 π‘œπ‘“ πΆπ‘œπ‘œπ‘™π‘–π‘›π‘” π‘‡π‘œπ‘›π‘ 
π‘€π‘’π‘Žπ‘ π‘’π‘Ÿπ‘’π‘‘ π‘Šπ‘Žπ‘‘π‘‘ β„Žπ‘œπ‘’π‘Ÿπ‘ 
Energy efficiency savings are calculated as follows:

πΈπ‘›π‘’π‘Ÿπ‘”π‘¦ 𝐸𝑓𝑓𝑖𝑐𝑖𝑒𝑛𝑐𝑦 π‘†π‘Žπ‘£π‘–π‘›π‘”π‘  (
π‘˜π‘Šβ„Ž
π‘¦π‘Ÿ ) = πΆπ‘’π‘Ÿπ‘Ÿπ‘’π‘›π‘‘ π‘…π‘‡π‘ˆ π‘ˆπ‘ π‘Žπ‘”π‘’ βˆ’ π‘ƒπ‘œπ‘ π‘‘ πΌπ‘šπ‘π‘™π‘’π‘šπ‘’π‘›π‘‘π‘Žπ‘‘π‘–π‘œπ‘› π‘…π‘‡π‘ˆ π‘ˆπ‘ π‘Žπ‘”π‘’ πΆπ‘œπ‘ π‘‘ π‘†π‘Žπ‘£π‘–π‘›π‘”π‘  = (π‘˜π‘Šβ„Ž π‘†π‘Žπ‘£π‘–π‘›π‘”π‘  βˆ—
$
π‘˜π‘Šβ„Ž
π‘…π‘Žπ‘‘π‘’)
πΆπ‘’π‘Ÿπ‘Ÿπ‘’π‘›π‘‘ π‘…π‘‡π‘ˆ π‘ˆπ‘ π‘Žπ‘”π‘’
= πΆπ‘œπ‘œπ‘™π‘–π‘›π‘” π‘‘π‘œπ‘›π‘  π‘₯ 12,000
𝐡𝑑𝑒
π‘‘π‘œπ‘›
π‘₯ πΆπ‘œπ‘œπ‘™π‘–π‘›π‘” 𝐹𝑒𝑙𝑙 πΏπ‘œπ‘Žπ‘‘ π»π‘œπ‘’π‘Ÿπ‘  Γ· πΈπΈπ‘…πΆπ‘’π‘Ÿπ‘Ÿπ‘’π‘›π‘‘ Γ· 1,000 π‘Š/π‘˜π‘Š
π‘ƒπ‘œπ‘ π‘‘ πΌπ‘šπ‘π‘™π‘’π‘šπ‘’π‘›π‘‘π‘Žπ‘‘π‘–π‘œπ‘› π‘…π‘‡π‘ˆ π‘ˆπ‘ π‘Žπ‘”π‘’ =
= πΆπ‘œπ‘œπ‘™π‘–π‘›π‘” π‘‘π‘œπ‘›π‘  π‘₯ 12,000
𝐡𝑑𝑒
π‘‘π‘œπ‘›
π‘₯ πΆπ‘œπ‘œπ‘™π‘–π‘›π‘” 𝐹𝑒𝑙𝑙 πΏπ‘œπ‘Žπ‘‘ π»π‘œπ‘’π‘Ÿπ‘  Γ· πΈπΈπ‘…π‘€π‘’π‘Žπ‘ π‘’π‘Ÿπ‘’π‘‘ Γ· 1,000 π‘Š/π‘˜π‘Š
Cortland County, NY
Year 3 Measurement and Verification Report
(C) 2021 Centrica plc.

3.12 FIM 12 – Replace Domestic Hot Water Heater at the COB Pre-Installation
Pre-Installation Electric Use (kWh/yr)
0 Post - Installation
Post – Installation IGA
Electric (kWh/yr)
Post - Installation Verified
Electric (kWh/yr) Variance (kWh/yr)
1,950 1,950 0
Energy Savings
Guaranteed Electric
Savings (kWh/yr)
Verified Electric Savings
(kWh/yr)
Variance from
Guarantee (kWh/yr)
(1,950) (1,950) 0
Overview
SmartWatt installed a new 40 gallon storage-type electric hot water heater adjacent to the locker rooms serving the gymnasium area. This unit acts as a supplementary heater for the locker room showers. The installation of this measure results in a negative savings due to the baseline being zero. The measurement and verification plan outlined in the IGA required measurements for this FIM to be Performed in Year 1 only. Therefore, the measurements made below are representative from Year 1 of the project term and reflected accordingly.

Stipulated Parameters
The unit heating capacity is based on the manufacturer’s rating of 4.5 kW.

Post FIM Measurement Procedure
SmartWatt has verified that the installed water heater has been installed as proposed and designed.

Saving Measurement Procedure
Energy savings were calculated by using the equations below:

π΄π‘›π‘›π‘’π‘Žπ‘™ πΈπ‘›π‘’π‘Ÿπ‘”π‘¦ π‘†π‘Žπ‘£π‘–π‘›π‘”π‘  = π΅π‘Žπ‘ π‘’π‘™π‘–π‘›π‘’ πΈπ‘›π‘’π‘Ÿπ‘”π‘¦ π‘ˆπ‘ π‘Žπ‘”π‘’ βˆ’ π‘ƒπ‘œπ‘ π‘‘ πΌπ‘›π‘ π‘‘π‘Žπ‘™π‘™π‘Žπ‘‘π‘–π‘œπ‘› πΈπ‘›π‘’π‘Ÿπ‘”π‘¦ π‘ˆπ‘ π‘Žπ‘”π‘’ π΄π‘›π‘›π‘’π‘Žπ‘™ $ π‘†π‘Žπ‘£π‘–π‘›π‘”π‘  = π΄π‘›π‘›π‘’π‘Žπ‘™ πΈπ‘›π‘’π‘Ÿπ‘”π‘¦ π‘†π‘Žπ‘£π‘–π‘›π‘”π‘  Γ—
$
π‘˜π‘Šβ„Ž
π‘…π‘Žπ‘‘π‘’
π΅π‘Žπ‘ π‘’π‘™π‘–π‘›π‘’ πΈπ‘›π‘’π‘Ÿπ‘”π‘¦ π‘ˆπ‘ π‘Žπ‘”π‘’ = 0
π‘˜π‘Šβ„Ž
π‘¦π‘Ÿ
(π‘›π‘œ 𝑒π‘₯𝑖𝑠𝑑𝑖𝑛𝑔 𝑒𝑛𝑖𝑑)
π‘ƒπ‘œπ‘ π‘‘ πΌπ‘›π‘ π‘‘π‘Žπ‘™π‘™π‘Žπ‘‘π‘–π‘œπ‘› πΈπ‘›π‘’π‘Ÿπ‘”π‘¦ π‘ˆπ‘ π‘Žπ‘”π‘’ = π‘ˆπ‘›π‘–π‘‘ π»π‘’π‘Žπ‘‘π‘–π‘›π‘” πΆπ‘Žπ‘π‘π‘–π‘‘π‘¦ π‘₯ π΄π‘›π‘›π‘’π‘Žπ‘™ π‘‚π‘π‘’π‘Ÿπ‘Žπ‘‘π‘–π‘›π‘” π»π‘œπ‘’π‘Ÿπ‘  Cortland County, NY
Year 3 Measurement and Verification Report
(C) 2021 Centrica plc.

3.13 FIM 13 – HVAC Upgrades at the Courthouse
Pre-Installation Energy Use
Electric Usage (kWh/yr) Natural Gas Usage
(Therm/yr)
43,734 111,621
Post - Installation IGA Post - Installation Verified Variance Electric
Usage
(kWh/yr)
Natural
Gas Usage
(Therm/yr)
Electric
Usage
(kWh/yr)
Natural Gas
Usage
(Therm/yr)
Electric Usage
(kWh/yr)
Natural Gas
Usage
(Therm/yr)
23,982 60,115 33,065 71,002 9,083 10,887
Energy Savings - Guarantee12 Energy Savings - Verified Variance from IGA Guarantee
Electric (kWh/yr)
Natural
Gas
(Therm/yr)
Electric
(kWh/yr)
Natural Gas
(Therm/yr)
Electric
(kWh/yr)
Natural
(Therm/yr)
17,777 46,355 10,668 40,619 (7,109) (5,736)
Overview
Installation of this FIM included the following three upgrades:
o Installation of BMS (Unoccupied Period Setback/Setup) o Reduction in AHU Operating Hours
o Steam Trap Replacement
Stipulated Parameters
Stipulated parameters were based on current equipment nameplates, drawings, and engineering estimates. A summary of the stipulated parameters is listed in the tables below:
12 Includes a 0.90 safety factor as stated in original IGA proposal.

Cortland County, NY
Year 3 Measurement and Verification Report
(C) 2021 Centrica plc.

BMS Installation (Setup/Setback and Temperature Correction) Boiler Efficiency 80%
Chiller Efficiency (kW/ton) 1.0
Ventilation Rate (cfm) 8,850
Window U Factor (Btu/(h*sqft*Β°F)) 0.9
Wall U Factor (Btu/(h*sqft*Β°F)) 0.12
Roof U Factor (Btu/(h*sqft*Β°F)) 0.06
Window Area (ftΒ²) 5,673
Wall Area (ftΒ²) 31,287
Roof Area (ftΒ²) 13,409
Air Infiltration Leakage (cfm/FtΒ²) 0.3
Building Solar Gain Heating Season (Β°F) 5
Building Solar Gain Cooling Season (Β°F) 10
Baseline Occ Heating Temperature (Β°F) 74.0
Baseline Unocc Heating Temperature (Β°F) 73.3
Proposed Occ Heating Temperature (Β°F) 70
Proposed Unocc Heating Temperature (Β°F) 64
Baseline Occ Cooling Temperature (Β°F) 74
Baseline Unocc Cooling Temperature (Β°F) 74
Proposed Occ Cooling Temperature (Β°F) 74
Proposed Unocc Cooling Temperature (Β°F) 80
Reduction in AHU Operating Hours
AHU Quantity 2
AHU Fan Total Power (HP) 4.5
Existing Fan Motor Efficiency 87.2%
Fan Part Load Factor 90%
Current Annual Operating Hours (hr/yr) 4,777
Steam Trap Replacements
Steam Trap Inventory See Appendix E of the IGA
Total Number of Steam Traps 178
Percentage of Failed Steam Traps (from survey) 49%
Total Number of Failed Steam Traps with 1/16”
Diameter Orifice
37 Total Number of Failed Steam Traps with 3/32”
Diameter Orifice
50 Steam Hours of Operation (hr/yr) 4,996
Boiler Efficiency 80%
Steam Pressure 5 psig
Cortland County, NY
Year 3 Measurement and Verification Report
(C) 2021 Centrica plc.

Savings Measurement Procedure
M&V Option A was selected to provide a cost-effective means to evaluate savings. The post-installation measurement parameters that were made are as follows:
β€’ EMS Space Temperature
β€’ AHU Operating Hours
β€’ Steam Trap Installation Verification
EMS Space Temperatures
SmartWatt energy engineers retrieved trend data from the energy management system for the 2019 calendar year. The table below represents the total average space temperature for that time period for a representative sample of the building.

The figure below is a representative sample of the set points along with the space temperature for the month of January 2019 to illustrate the temperature trends of the building. Most of the time, space temperatures are trending higher than the programmed setpoint. The setback temperatures, particularly in the cooling season are not reaching the designed setback temperatures. In addition to the lack of setback, the schedule runs in occupied mode from 6:00am – 9:00PM in most areas. These temperatures and schedules are noted and were addressed with the County staff during Year 2 of the term. However, during frequent check-ins, the schedules are still being overridden and adjusted to reflect the run times noted above.

Courthouse Temperature Summary
IGA Temperatures
(Β°F)
Verified
Temperatures (Β°F)
Post Installation Occupied
Heating Temperature 70 71.8
Post Installation Unoccupied
Heating Temperature 64 69.8
Post Installation Occupied
Cooling Temperature 74 72.9
Post Installation Unoccupied
Cooling Temperature 80 73.5
Cortland County, NY
Year 3 Measurement and Verification Report
(C) 2021 Centrica plc.

AHU Operating Hours
SmartWatt energy engineers have trended run times of the AHUs for the 2019 calendar year. The baseline runtime of the units was 4777 annual hours. The tables below represent the proposed run times compared to the verified run times from the EMS trend data for Year 2.

The verified run times for Year 2 were net lower for the 2 AHUs combined. This was addressed during Year 2 of the term to allow for increased verified energy savings.

Steam Trap Replacements
SmartWatt has replaced 178 steam traps and verified the proper installation of the new equipment to be sure they operate as designed. The new steam traps match closely with the proposed steam traps represented in the IGA. This was verified in Year 1 of the term.

COB UV & FCU Fan Run Times B-2
nd Floor
IGA Proposed Run
Time (Hours)
Verified Run Time –
Year 2 (Hours)
Verified Run Time –
Year 1 (Hours)
AHU-1 955 840 729
AHU-2 955 684 1770
Figure 4: Courthouse Temperature Summary - January
Cortland County, NY
Year 3 Measurement and Verification Report
(C) 2021 Centrica plc.

3.14 FIM 14 – Insulate Basement Steam Piping at Courthouse Pre-Installation
Pre-Installation Gas Use (Therm/yr)
924
Post - Installation
Post – Installation IGA
Natural Gas (Therm/yr)
Post - Installation Verified
Natural Gas (Therm/yr) Variance (Therm/yr)
69 69 0
Energy Savings
Guaranteed NG Savings
(Therm/yr)
Verified NG Savings
(Therm/yr)
Variance from
Guarantee (Therm/yr)
855 855 0
Overview
SmartWatt installed 3” insulation on approximately 50’ of 3” steam condensate pipes located in the south-east area of the basement. The measurement and verification plan outlined in the IGA required measurements for this FIM to be Performed in Year 1 only. Therefore, the measurements made below are representative from Year 1 of the project term and reflected accordingly.

Stipulated Parameters
The unit heating capacity is based on the manufacturer’s rating of 4.5 kW.

Post FIM Measurement Procedure
Visual inspection of insulation to be sure insulation thickness and pipe temperatures were verified accordingly.

During installation of the project 3” fiberglass pipe insulation was installed. This exceeds the specifications of the original pipe insulation.

Pipe Insulation Stipulated Parameters
Heating Hours of Operation 5,024
Boiler Efficiency 80%
Insulation Conductivity k
(Btuh/ftΒ² * Β°F/inch) 0.26
Insulation Surface Resistance
Rs (ftΒ² * Β°F/Btuh) 0.50
Cortland County, NY
Year 3 Measurement and Verification Report
(C) 2021 Centrica plc.

Saving Measurement Procedure
Energy savings were calculated by using the equations below:

πΈπ‘›π‘’π‘Ÿπ‘”π‘¦ π‘†π‘Žπ‘£π‘–π‘›π‘”π‘  (𝑄) = π΅π‘Žπ‘ π‘’π‘™π‘–π‘›π‘’ π»π‘’π‘Žπ‘‘π‘™π‘œπ‘ π‘  βˆ’ π‘ƒπ‘Ÿπ‘œπ‘π‘œπ‘ π‘’π‘‘ π»π‘’π‘Žπ‘‘ πΏπ‘œπ‘ π‘  π΅π‘Žπ‘ π‘’π‘™π‘–π‘›π‘’ π»π‘’π‘Žπ‘‘π‘™π‘œπ‘ π‘  =
π‘π‘Žπ‘Ÿπ‘’ 𝑝𝑖𝑝𝑒 β„Žπ‘’π‘Žπ‘‘ π‘™π‘œπ‘ π‘  π‘π‘’π‘Ÿ π‘“π‘œπ‘œπ‘‘ π‘₯ 𝑝𝑖𝑝𝑒 π‘™π‘’π‘›π‘”π‘‘β„Ž π‘₯ β„Žπ‘’π‘Žπ‘‘π‘–π‘›π‘” β„Žπ‘œπ‘’π‘Ÿπ‘  π‘œπ‘“ π‘œπ‘π‘’π‘Ÿπ‘Žπ‘‘π‘–π‘œπ‘› π‘π‘œπ‘–π‘™π‘’π‘Ÿ 𝑒𝑓𝑓𝑖𝑐𝑖𝑒𝑛𝑐𝑦
π‘ƒπ‘Ÿπ‘œπ‘π‘œπ‘ π‘’π‘‘ π»π‘’π‘Žπ‘‘π‘™π‘œπ‘ π‘  = ((𝑇𝑠 βˆ’ π‘‡π‘Ž) βˆ— 𝐴/(rs + 𝐼𝑇 βˆ—
ln(
π‘Ÿπ‘ 
π‘Ÿπ‘)
π‘˜
+ 𝑅𝑠)/(π‘π‘œπ‘–π‘™π‘’π‘Ÿ 𝑒𝑓𝑓𝑖𝑐𝑖𝑒𝑛𝑐𝑦)) x pipe length x heating
hours of operation
πΈπ‘›π‘’π‘Ÿπ‘”π‘¦ πΆπ‘œπ‘ π‘‘ π‘†π‘Žπ‘£π‘–π‘›π‘”π‘  $ = (
πΈπ‘›π‘’π‘Ÿπ‘”π‘¦ π‘†π‘Žπ‘£π‘–π‘›π‘”π‘ 
100,000 ) π‘₯
$
π‘‘β„Žπ‘’π‘Ÿπ‘š
π‘π‘Žπ‘‘π‘’π‘Ÿπ‘Žπ‘™ πΊπ‘Žπ‘ 
Where:

Ts = Pipe surface temperature equal to fluid temperature (Β°F) Ta = Ambient Temperature (Β°F)
A = Surface Area (sqft/ft)
rs = radius of outer surface (in)
IT = Insulation Thickness (in)
rp = Pipe Radius (in)
k = Thermal conductivity of insulation, Btuh/(sqft* Β°F/inch) Rs = Surface resistance (sq ft*Β°F/Btuh)
Cortland County, NY
Year 3 Measurement and Verification Report
(C) 2021 Centrica plc.

3.15 FIM 15 – Replace Suite 301 AC Unit at the Courthouse Pre-Installation
Pre-Installation Electric Use (kWh/yr)
12,487
Post - Installation
Post – Installation IGA
Electric Use (kWh/yr)
Post - Installation Verified
Electric Use (kWh/yr) Variance (kWh/yr)
5,973 5,197 (776)
Energy Savings
Guaranteed kWh
Savings13 (kWh/yr)
Verified kWh Savings
(kWh/yr)
Variance from
Guarantee (kWh/yr)
5,863 7,290 1,427
Overview
Installation of This FIM includes replacing the existing 10-ton DX cooling unit with a new high efficiency Carrier Unit. The measurement and verification plan outlined in the IGA required measurements for this FIM to be Performed in Year 1 only. Therefore, the measurements made below are representative from Year 1 of the project term and reflected accordingly.

Stipulated Parameters
Stipulated parameters were based on current equipment nameplates, drawings, and engineering estimates. A summary of the stipulated parameters is listed in the table below:

Post FIM Measurement Procedure
SmartWatt has verified the SEER of the units being installed compared to the proposed SEER. The Verified SEER was approximately 13% higher than anticipated. This was the reason for the slight surplus in savings for this measure.

SEER
13 Includes a 0.90 safety factor as stated in original IGA proposal.

COB RTUs
Total Cooling Rating (Tons) 60
Average EER of RTUs including degradation 6.16
Equivalent Full Load Operating Hours (hr/yr) from NYS Tech Manual 667 Cortland County, NY
Year 3 Measurement and Verification Report
(C) 2021 Centrica plc.

IGA Proposed SEER Verified SEER

13.4 15.4
Saving Measurement Procedure
Energy savings are calculated through the increase in RTU efficiency (SEER). The saving calculation is defined below:

π‘†πΈπΈπ‘…π‘€π‘’π‘Žπ‘ π‘’π‘Ÿπ‘’π‘‘ =
π‘…π‘Žπ‘‘π‘’π‘‘ 𝐡𝑑𝑒 π‘œπ‘“ πΆπ‘œπ‘œπ‘™π‘–π‘›π‘” π‘‡π‘œπ‘›π‘ 
π‘€π‘’π‘Žπ‘ π‘’π‘Ÿπ‘’π‘‘ π‘Šπ‘Žπ‘‘π‘‘ β„Žπ‘œπ‘’π‘Ÿπ‘ 
Energy efficiency savings are calculated as follows:

πΈπ‘›π‘’π‘Ÿπ‘”π‘¦ 𝐸𝑓𝑓𝑖𝑐𝑖𝑒𝑛𝑐𝑦 π‘†π‘Žπ‘£π‘–π‘›π‘”π‘  (
π‘˜π‘Šβ„Ž
π‘¦π‘Ÿ ) = πΆπ‘’π‘Ÿπ‘Ÿπ‘’π‘›π‘‘ π‘…π‘‡π‘ˆ π‘ˆπ‘ π‘Žπ‘”π‘’ βˆ’ π‘ƒπ‘œπ‘ π‘‘ πΌπ‘šπ‘π‘™π‘’π‘šπ‘’π‘›π‘‘π‘Žπ‘‘π‘–π‘œπ‘› π‘…π‘‡π‘ˆ π‘ˆπ‘ π‘Žπ‘”π‘’ πΆπ‘œπ‘ π‘‘ π‘†π‘Žπ‘£π‘–π‘›π‘”π‘  = (π‘˜π‘Šβ„Ž π‘†π‘Žπ‘£π‘–π‘›π‘”π‘  βˆ—
$
π‘˜π‘Šβ„Ž
π‘…π‘Žπ‘‘π‘’)
πΆπ‘’π‘Ÿπ‘Ÿπ‘’π‘›π‘‘ π‘…π‘‡π‘ˆ π‘ˆπ‘ π‘Žπ‘”π‘’
= πΆπ‘œπ‘œπ‘™π‘–π‘›π‘” π‘‘π‘œπ‘›π‘  π‘₯ 12,000
𝐡𝑑𝑒
π‘‘π‘œπ‘›
π‘₯ πΆπ‘œπ‘œπ‘™π‘–π‘›π‘” 𝐹𝑒𝑙𝑙 πΏπ‘œπ‘Žπ‘‘ π»π‘œπ‘’π‘Ÿπ‘  Γ· π‘†πΈπΈπ‘…πΆπ‘’π‘Ÿπ‘Ÿπ‘’π‘›π‘‘ Γ· 1,000 π‘Š/π‘˜π‘Š
π‘ƒπ‘œπ‘ π‘‘ πΌπ‘šπ‘π‘™π‘’π‘šπ‘’π‘›π‘‘π‘Žπ‘‘π‘–π‘œπ‘› π‘…π‘‡π‘ˆ π‘ˆπ‘ π‘Žπ‘”π‘’ =
= πΆπ‘œπ‘œπ‘™π‘–π‘›π‘” π‘‘π‘œπ‘›π‘  π‘₯ 12,000
𝐡𝑑𝑒
π‘‘π‘œπ‘›
π‘₯ πΆπ‘œπ‘œπ‘™π‘–π‘›π‘” 𝐹𝑒𝑙𝑙 πΏπ‘œπ‘Žπ‘‘ π»π‘œπ‘’π‘Ÿπ‘  Γ· π‘†πΈπΈπ‘…π‘€π‘’π‘Žπ‘ π‘’π‘Ÿπ‘’π‘‘ Γ· 1,000 π‘Š/π‘˜π‘Š
Cortland County, NY
Year 3 Measurement and Verification Report
(C) 2021 Centrica plc.

3.16 FIM 16 – Water Fixture Upgrades
Pre-Installation Pre-Installation
Pre-Installation Water Use (kGal/yr) Pre-Installation Water Use – Adjusted Baseline (kGal/yr)14
932 935
Post - Installation
Post - Installation
Water Use (kGal/yr)
Post - Installation Verified
Water Use (kGal/yr) Variance (kGal/yr)
407 408 1
Water Savings
Guaranteed Water
Savings (kGal/yr)
Verified Electric Savings
(kGal/yr)
Variance from
Guarantee (kGal)
525 527 2
Energy Savings
Guaranteed NG Savings
(Therm/yr)
Verified NG Savings
(Therm/yr)
Variance from
Guarantee (Therm/yr)
682 685 3
Overview
SmartWatt has replaced existing water fixtures (toilets, flushometers, faucet flow restrictors) as described in the IGA report. The as-built water fixtures are included in Appendix 3. The measurement and verification plan outlined in the IGA required measurements for this FIM to be Performed in Year 1 only. Therefore, the measurements made below are representative from Year 1 of the project term and reflected accordingly.

Post FIM Measurement Procedure
SmartWatt has verified the proper installation and quantities of the water fixtures included in the scope of work.

The as-built quantities reflect the post installation water fixtures after project completion with the following exceptions.
β€’ 1 Additional faucet verified in the County Office Building. β€’ 2 Additional toilets verified in the County Office Building.

Savings Calculation Method
Water and energy savings were calculated based on the reduction in water consumption and lowered fuel or natural gas use associated with a reduction in hot water. A water and energy model was developed using the parameters stipulated in the IGA and are provided in Appendix B of the IGA. Appendix 3 of this report 14 Adjusted baseline to reflect added fixtures during construction.

Cortland County, NY
Year 3 Measurement and Verification Report
(C) 2021 Centrica plc.
represents a sample flow rate measurement that was taken on site that match the stipulated flow rates in the IGA.

π΄π‘›π‘›π‘’π‘Žπ‘™ π‘Šπ‘Žπ‘‘π‘’π‘Ÿ π‘†π‘Žπ‘£π‘–π‘›π‘”π‘ 
= π΅π‘Žπ‘ π‘’π‘™π‘–π‘›π‘’ π‘€π‘Žπ‘‘π‘’π‘Ÿ π‘π‘œπ‘›π‘ π‘’π‘šπ‘π‘‘π‘–π‘œπ‘› π‘“π‘œπ‘Ÿ π‘Žπ‘“π‘“π‘’π‘π‘‘π‘’π‘‘ 𝑓𝑖π‘₯π‘‘π‘’π‘Ÿπ‘’π‘ 
βˆ’ π‘ƒπ‘œπ‘ π‘‘ π‘–π‘›π‘ π‘‘π‘Žπ‘™π‘™π‘Žπ‘‘π‘–π‘œπ‘› π‘€π‘Žπ‘‘π‘’π‘Ÿ π‘π‘œπ‘›π‘ π‘’π‘šπ‘π‘‘π‘–π‘œπ‘› π‘“π‘œπ‘Ÿ π‘Žπ‘“π‘“π‘’π‘π‘‘π‘’π‘‘ 𝑓𝑖π‘₯π‘‘π‘’π‘Ÿπ‘’π‘  π΄π‘›π‘›π‘’π‘Žπ‘™ 𝐹𝑒𝑒𝑙 π‘†π‘Žπ‘£π‘–π‘›π‘”π‘ 
= π΅π‘Žπ‘ π‘’π‘™π‘–π‘›π‘’ 𝑓𝑒𝑒𝑙 π‘π‘œπ‘›π‘ π‘’π‘šπ‘π‘‘π‘–π‘œπ‘› π‘“π‘œπ‘Ÿ π·π»π‘Š 𝑓𝑖π‘₯π‘‘π‘’π‘Ÿπ‘’π‘ 
βˆ’ π‘ƒπ‘œπ‘ π‘‘ π‘–π‘›π‘ π‘‘π‘Žπ‘™π‘™π‘Žπ‘‘π‘–π‘œπ‘› 𝑓𝑒𝑒𝑙 π‘π‘œπ‘›π‘ π‘’π‘šπ‘π‘‘π‘–π‘œπ‘› π‘“π‘œπ‘Ÿ π·π»π‘Š 𝑓𝑖π‘₯π‘‘π‘’π‘Ÿπ‘’π‘ 
π΄π‘›π‘›π‘’π‘Žπ‘™ $ π‘†π‘Žπ‘£π‘–π‘›π‘”π‘  = π΄π‘›π‘›π‘’π‘Žπ‘™ π‘€π‘Žπ‘‘π‘’π‘Ÿ π‘ π‘Žπ‘£π‘–π‘›π‘”π‘  Γ—
$
π‘˜πΊπ‘Žπ‘™ π‘…π‘Žπ‘‘π‘’ + π‘Žπ‘›π‘›π‘’π‘Žπ‘™ π‘›π‘Žπ‘‘π‘’π‘Ÿπ‘Žπ‘™ π‘”π‘Žπ‘  π‘ π‘Žπ‘£π‘–π‘›π‘”π‘  Γ—
$
π‘‡β„Žπ‘’π‘Ÿπ‘š
π‘…π‘Žπ‘‘π‘’
Cortland County, NY
Year 3 Measurement and Verification Report
(C) 2021 Centrica plc.

3.17 FIM 17 – Replace Transformers
SmartWatt has replaced twelve (12) transformers at the following locations:
β€’ 10 at the County Office Building
β€’ 1 at the Recycle Center
β€’ 1 at the Highway Garage
Pre-Installation
Pre-Installation Energy Use (kWh/yr)
87,235
Post - Installation
Post - Installation
Electric Usage (kWh/yr)
Post - Installation Verified
Energy Use (kWh/yr) Variance (kWh/yr)
18,839 18,839 0
Energy Savings
Guaranteed Electric
Savings (kWh/yr)
Verified Electric Savings
(kWh/yr)
Variance from
Guarantee
68,396 68,486 90
Overview
Installation of this FIM includes replacement of the transformers at the County Office Building, Recycle Center, and Highway Garage with high efficiency low loss transformers. The measurement and verification plan outlined in the IGA required measurements for this FIM to be Performed in Year 1 only. Therefore, the measurements made below are representative from Year 1 of the project term and reflected accordingly.

Post FIM Measurement Procedure
SmartWatt has verified the proper installation of the transformers along with measuring post install input power on a sample of transformers. The post install kVA of the transformers was equal to the proposed kVA of the transformers.

Savings Calculation Method
Energy savings are calculated based on a decrease in transformer losses. Based on the results of the metering sample the expected efficiencies were determined. The losses of the custom-built transformers were tested at the manufacturer at the same input load as measured on-site.

π΄π‘›π‘›π‘’π‘Žπ‘™ π‘˜π‘Šβ„Ž π‘†π‘Žπ‘£π‘–π‘›π‘”π‘  = π‘€π‘’π‘Žπ‘ π‘’π‘Ÿπ‘’π‘‘ π΅π‘Žπ‘ π‘’π‘™π‘–π‘›π‘’ πΏπ‘œπ‘ π‘ π‘’π‘  βˆ’ π‘€π‘’π‘Žπ‘ π‘’π‘Ÿπ‘’π‘‘ π‘ƒπ‘œπ‘ π‘‘ πΌπ‘›π‘ π‘‘π‘Žπ‘™π‘™π‘Žπ‘‘π‘–π‘œπ‘› πΏπ‘œπ‘ π‘ π‘’π‘  π΄π‘›π‘›π‘’π‘Žπ‘™ $ π‘†π‘Žπ‘£π‘–π‘›π‘”π‘  = π΄π‘›π‘›π‘’π‘Žπ‘™ π‘˜π‘Šβ„Ž π‘†π‘Žπ‘£π‘–π‘›π‘”π‘  Γ—
$
π‘˜π‘Šβ„Ž
π‘…π‘Žπ‘‘π‘’
Cortland County, NY
Measurement and Verification Report
(C) 2019 SmartWatt Energy, Inc., All Rights Reserved
61 Appendix C –
Sample Performance
Energy Contract
Rev B-060724 1

DESIGN-BUILD ENERGY SERVICES AGREEMENT
THIS DESIGN-BUILD ENERGY SERVICES AGREEMENT (this β€œAgreement”) is made and effective ____________________________ (the β€œEffective Date”), by and between ________________________________________________ (β€œOwner”), with an address at ________________________________________________, and CENTRICA BUSINESS SOLUTIONS SERVICES, INC. (β€œCentrica Business Solutions” or sometimes referred, β€œContractor”), with an address at 2111 Ellsworth Boulevard, Malta, New York 12020. Owner and Centrica Business Solutions Services, Inc. are sometimes referred to herein, individually, as a β€œParty”, and, collectively, as the β€œParties”.

RECITALS
A. Owner is a ____________________________________ incorporated under the laws of the State of California, and is a Public Agency within the meaning of the California Government Code 4217.10 et seq. (β€œ4217 Code”)
B. Owner owns and operates certain facilities described on the attached Schedule 1 (the β€œFacilities”), and desires to procure long-term energy cost savings and reduce related expenses in the operation of such Facilities.

C. Centrica Business Solutions is a New York business corporation and is duly authorized to do business in the State of California and is a Qualified Energy Service Company within the meaning of the 4217 Code, engaged in the business of and having experience and capabilities in providing energy efficiency services, including Energy Conservation Measures (β€œECMs”), as defined in the 4217 Code.

D. Pursuant to Centrica Business Solutions' Proposal, Centrica Business Solutions and Owner entered into an Investment Grade Audit Agreement, pursuant to which Centrica Business Solutions conducted an investment grade audit and delivered to Owner a detailed engineering and economic report (the β€œIGA Report’) that specifically identifies the ECMs that are recommended to be installed and/or implemented at the Facilities.

E. The governing body of Owner has determined, in its lawful discretion, prior to approval or ratification of this Agreement, that this Agreement meets all criteria required pursuant to California Government Code Sections 4217.10 et seq.

F. Pursuant to the IGA Report, Owner now desires to enter into this Agreement with Centrica Business Solutions as a Design-Build Energy Services Agreement for the installation and implementation of the ECMs at the Facilities (the β€œProject”).

NOW, THEREFORE, the Parties agree as follows:

Rev B-060724 2

ARTICLE I

PRELIMINARY MATTERS

1.1 INCORPORATION. The Recitals set forth above are hereby incorporated into the body of this Agreement and made a binding part hereof.

1.2 THE IGA REPORT. The IGA Report is attached hereto as Exhibit A.

Owner acknowledges that it has approved and accepted the IGA Report, which identifies all ECMs to be performed under this Agreement.

1.3 CONTRACT DOCUMENTS. The entire agreement of the Parties with respect to the Project is contained in the β€œContract Documents”, which consist of: 1) this Agreement ii) any Change Orders or other amendments to this Agreement, and iii) the following Exhibits and Schedules:

Exhibit A: The IGA Report
Exhibit B; Certificate of Substantial Completion
Exhibit C: Savings Reconciliation Report
Schedule 1: The Facilities
Schedule 2A: Scope of ECM Work
Schedule 2B: Scope of MM&V Services
Schedule 3: ECM Work Schedule
Schedule 4: As-Built Drawings Requirements
Schedule 5: Energy Savings Schedule
Schedule 6A: ECM Work Schedule of Values
Schedule 6B: MM&V Services Schedule of Values
The provisions of this Agreement shall control in the event of any conflict between its terms and those contained in any of the Exhibits or Schedules

ARTICLE II

SCOPE AND TERM

2.1 SCOPE OF THE PROJECT. The Project shall consist of two phases: 1) the β€œConstruction & Installation Phase”, in which the Equipment (as hereinafter defined) will be designed, constructed and/or installed into the Facilities and the ECMs shall be implemented (the β€œECM Work”), and 2) the β€œMM&V Services Phase”, in which Centrica Business Solutions will provide ongoing energy savings monitoring and reporting services, and management and/or modification of the Equipment (the β€œMM&V Services”). The full scope of the ECM Work and the MM&V Services are set forth and detailed, respectively, on the β€œScope of ECM Work” attached as Schedule 2A, and the β€œScope of MM&V Services” attached as Schedule 2B. Centrica Business Solutions shall be responsible for the professional and technical accuracy of the ECM Work and the MM&V Services, whether performed by Centrica Business Solutions or by subcontractors or others on its behalf.

Rev B-060724 3

2.2 TERM. The term of this Agreement (the β€œTerm”) shall commence on the Effective Date, and, unless sooner terminated in accordance with the terms hereof, shall continue for a period of _______________________________ (__________) years from the MM&V Services Commencement Date (as hereinafter defined), but subject to the termination rights provided in Sections 2.2.1.

2.2.1 RIGHT TO PARTIAL TERMINATION. At any time following the first (1st) anniversary of the MM&V Services Commencement Date, and upon at least sixty (60) days’ prior written notice to Centrica Business Solutions, Owner shall have the right to terminate non-required MM&V Services set forth on Schedule 2B. If Owner so elects to partially terminate, all of the then-applicable terms and provisions of this Agreement shall continue in full force and effect, except that the MM&V Services Fee shall be equitably adjusted by the Parties in a manner consistent with Schedule 6B.

ARTICLE III

THE ECM WORK

3.1 CONSTRUCTION AND INSTALLATION OF THE ECM WORK. Subject to the other provisions of this Agreement, Centrica Business Solutions will act as a turn-key designbuilder assuming total responsibility for the design, procurement of labor and materials for the improvements to the Facilities, and the installation and start-up of the energy efficiency equipment (the β€œEquipment”), as set forth in and in accordance with the Scope of ECM Work.

3.1.1 CONSTRUCTION SCHEDULE. The Construction and Installation Phase will commence upon either the issuance by Owner of a written notice to proceed or the written agreement of the Parties fixing such commencement date. The performance of the ECM Work shall be carried out and proceed in accordance with the schedule (the β€œECM Work Schedule”) attached as Schedule 3. The ECM Work Schedule may be amended from time to time by the Parties due to changes in the ECM Work or other events affecting the completion of the ECM Work.

3.1.2 STATUTORY COMPLIANCE. In the performance of the ECM Work, including the installation of the Equipment, Centrica Business Solutions shall, and shall require all of its contractors, subcontractors, and all subcontractors under them to, as applicable, comply with the requirements of all applicable statutes and regulations. Without limiting the foregoing, Centrica Business Solutionsshall otherwise give all notices and comply with all laws and ordinances legally enacted at the date of execution of the Agreement that govern the proper performance of the ECM Work.

3.1.3 CALIFORNIA CONTRACTORS’ LICENSE. At all times during performance of construction services, Contractor shall be duly licensed and in good standing by the California Contractors State License Board under License #947569.

3.1.4 CONTRACTOR/SUBCONTRACTOR REGISTRATION. Pursuant to Labor Code Section 1771.1, β€œA contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Rev B-060724 4
Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5.” Contractor’s public works contractor registration number, issued by the Department of Industrial Relations is 1000661242.

3.1.5 PERMITS AND APPROVALS. Centrica Business Solutions shall be responsible for obtaining all necessary permits and approvals for the ECM Work, including the installation of the Equipment, and shall pay any and all permit fees. Owner shall use its best efforts to assist Centrica Business Solutions in obtaining all such necessary permits and approvals. The Equipment and the operation of the Equipment by Centrica Business Solutions shall conform to all federal, state and local code requirements in effect at the time of installation. Before Centrica Business Solutions commences any portion of the ECM Work that requires a permit or license, Centrica Business Solutions shall furnish copies of each such permit or license to Owner.

3.1.6 PERFORMANCE. Owner and Centrica Business Solutions shall coordinate the activities associated with the installation of the Equipment by Centrica Business Solutions with any ECM Work or installations by Owner, its employees and agents. Centrica Business Solutions shall not commit or permit any act that will materially interfere with the performance of business activities conducted by Owner or its employees without the prior written approval of Owner, which shall not be unreasonably withheld, and provided that the ECM Work Schedule shall be modified if Owner requires Centrica Business Solutions to delay or re-sequence the ECM Work in order to accommodate Owner’s operations. Centrica Business Solutions shall perform all of the ECM Work in such a manner so as not to harm the structural integrity of the Facilities or their operating systems.

Centrica Business Solutions shall repair and restore to its original condition any area of damage caused by Centrica Business Solutions' performance under this Agreement. Owner reserves the right to review the ECM Work and to direct Centrica Business Solutions to take corrective action if, in the reasonable opinion of Owner, the structural integrity of the Facilities or its systems is or will be harmed. All costs associated with such corrective action to address damage caused by Centrica Business Solutions' performance of the ECM Work shall be borne by Centrica Business Solutions. In addition, Centrica Business Solutions shall be responsible for the professional and technical accuracy of all ECM Work performed, whether by its own forces or by its subcontractors or others on its behalf.

Centrica Business Solutions is responsible for general broom cleaning, and shall, to the fullest extent practicable, at all times keep the Facilities clean and free of debris, rubbish and dust. At the completion of the ECM Work, Centrica Business Solutions shall remove from the worksite all construction equipment, tools, surplus materials, waste materials and debris.

3.2 DESIGN AND CONSTRUCTION DOCUMENTS. Drawings, specifications, and other documents, including those in electronic form, furnished or utilized by Centrica Business Solutions are instruments of service (the β€œInstruments of Service”). Centrica Business Solutions shall retain all common law, statutory and other reserved rights, including copyrights in the Instruments of Service. Drawings, specifications, and other documents and materials and electronic data are furnished for use solely with respect to the Project.

Rev B-060724 5

3.2.1 Centrica Business Solutions grants to Owner a non-exclusive license to reproduce and use the Instruments of Service solely in connection with the Project, provided that Owner shall comply with all obligations, including prompt payment of sums when due.

Owner shall not assign or transfer any license herein to another party without prior written agreement of Centrica Business Solutions Any unauthorized reproduction or use of the Instruments of Service by Owner shall be at Owner’s sole risk and expense without liability to Centrica Business Solutions, and its design professionals. Termination of this Agreement due to the default of Owner shall terminate this license. If this Agreement is terminated for any reason other than the default of Owner, Owner shall have a nonexclusive license to use the Instruments of Service for the completion, use and maintenance of the Project. Submission or distribution of Centrica Business Solutions' documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the rights reserved here.

3.2.2 Centrica Business Solutions shall pay all royalties and license fees that may be due on the inclusion of any patented or copyrighted materials, methods or systems selected by Centrica Business Solutions and incorporated in the ECM Work. Centrica Business Solutions shall defend, indemnify and hold Owner harmless from all suits or claims for infringement of any patent rights or copyrights arising out of such selection. Owner agrees to defend, indemnify and hold Centrica Business Solutions harmless from all suits or claims of infringement of any patent rights or copyrights arising out of any patented or copyrighted materials, methods or systems specified by Owner.

3.2.3 Centrica Business Solutions shall prepare and submit to Owner final marked up asbuilt drawings to the extent and as set forth in the attached Schedule 4.

3.3 WARRANTIES.

3.3.1 Centrica Business Solutions warrants that all materials and equipment furnished under the Construction and Installation Phase of this Agreement will be new unless otherwise specified, of good quality, in conformance with the Scope of ECM Work and all documents associated therewith, and free from defective workmanship and materials.

Warranties with respect to the ECM Work, or applicable portion of the ECM Work, as the case may be, shall commence on the date of Substantial Completion thereof (as hereinafter defined). Centrica Business Solutions agrees to correct all ECM Work that is defective in workmanship and/or materials within a period of one (1) year from the date of Substantial Completion.

3.3.2 Centrica Business Solutions shall collect, deliver, and, to the extent permissible, assign all manufacturers’ warranties and Equipment manuals to Owner. There are no warranties that extend beyond the description on the face of any such warranty.

3.3.3 ALL WARRANTIES NOT EXPRESSLY INCLUDED IN THIS AGREEMENT,

EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY

AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ARE Rev B-060724 6
EXPRESSLY DISCLAIMED. In addition, the warranties shall be void and do not extend to any ECM Work that has been abused, altered, or misused, or that has been repaired by Owner or third parties without the supervisions or prior written approval of Centrica Business Solutions

3.4 SAFETY OF PERSONS AND PROPERTY. Centrica Business Solutions shall endeavor to avoid injury, loss or damage to persons or property by taking reasonable steps to protect: a) its employees and other persons at the worksite, and b) materials, supplies and equipment stored at the worksite for use in performance of the ECM Work. Centrica Business Solutions shall also oversee the safety precautions and programs of its subcontractors and suppliers at the worksite. Centrica Business Solutions' safety program shall include all actions and programs necessary for compliance with California or federally statutorily mandated workplace safety programs, including without limitation, compliance with the California Drug Free Workplace Act of 1990 (California Government Code 8350 et seq.).

3.5 HAZARDOUS MATERIALS.

3.5.1 A β€œHazardous Material” is any substance or material identified now or in the future as hazardous under any federal, state or local law or regulation, or any other substance or material that may be considered hazardous or otherwise subject to statutory or regulatory requirements governing handling, disposal and/or clean-up. Centrica Business Solutions shall not be obligated to commence or continue the ECM Work until any Hazardous Material discovered at the Project site has been removed, rendered or determined to be harmless by Owner as certified by an independent testing laboratory approved by the appropriate government agency.

3.5.2 If after the commencement of the ECM Work, Hazardous Material is discovered at the Project site, Centrica Business Solutions shall be entitled to immediately stop ECM Work in the affected area. Centrica Business Solutions shall report the condition to Owner and, if required, to the government agency with jurisdiction. If any Hazardous Material is discovered at the Project site, Owner shall be responsible for retaining any independent testing laboratory to determine the nature of the materials encountered and whether it is a Hazardous Material requiring corrective measures and/or remedial action. Such measures shall be the sole responsibility of Owner, and shall be performed in a manner minimizing any adverse effects upon the ECM Work. Centrica Business Solutions shall resume ECM Work in the area affected by any Hazardous Material only upon written agreement between the Parties after the Hazardous Material has been removed or rendered harmless and only after approval, if necessary, of the governmental agency or agencies with jurisdiction.

3.5.3 Centrica Business Solutions shall not be required to perform any ECM Work relating to or in the area of any Hazardous Material without written mutual agreement of the Parties.

3.5.4 If Centrica Business Solutions incurs additional costs and/or is delayed due to the presence or remediation of Hazardous Material, Centrica Business Solutions shall be entitled to an equitable adjustment in compensation and/or the ECM Work Schedule.

Rev B-060724 7

3.5.5 To the extent not caused by the negligent acts or omissions of Centrica Business Solutions, or its subcontractors or suppliers, and their agents, officers, and employees of each of them, Owner shall defend, indemnify and hold harmless Centrica Business Solutions, its subcontractors, suppliers, and their agents, officers and employees, from and against any and all claims, damages, penalties, losses, expenses, and other liabilities, including attorney’s fees, arising out of or relating to the performance of the ECM Work in any area affected by Hazardous Material.

3.5.6 During the performance of the ECM Work, Centrica Business Solutions shall be responsible for the proper handling of all materials brought by it to the worksite. The provisions of this Section 3.5 shall also apply to the MM&V Services, and, without limiting the foregoing, on and after the MM&V Services Commencement Date, Owner shall be responsible under this Section 3.5 for materials and substances brought to the site by Centrica Business Solutions if such materials or substances are required by the Contract Documents.

3.5.7 The terms of this Section 3.5 shall survive the completion of the ECM Work and the termination of this Agreement.

3.6 SYSTEMS START-UP AND TRAINING.

3.6.1 Upon Substantial Completion of the ECM Work, with the assistance of Owner’s personnel, Centrica Business Solutions shall direct the checkout of Equipment and start-up operations, and adjusting and balancing of Equipment and for readiness. Centrica Business Solutions shall also secure required certificates of inspection, testing and/or approval and deliver them to Owner.

3.6.2 Centrica Business Solutions shall conduct the training program described in Schedule 2A. The training specified in Schedule 2A shall be completed prior to Final Completion (as hereinafter defined) of the ECM Work.

3.7 SUBSTANTIAL COMPLETION/FINAL COMPLETION

3.7.1 β€œSubstantial Completion” means that stage in the progress of the ECM Work when the ECM Work is sufficiently complete in accordance with this Agreement such that Owner can use or occupy the Facilities and utilize the ECM Work or designated portion thereof for its intended use. Upon Substantial Completion, the Parties shall execute a Certificate of Substantial Completion fixing the date of Substantial Completion and listing all unfinished items of ECM Work, in substantially the form attached hereto as Exhibit B.

3.7.2 β€œFinal Completion” means the point when all of the ECM Work is fully and finally complete in accordance with the requirements of this Agreement, and Owner has accepted the ECM Work, which acceptance shall not be unreasonably delayed or conditioned by Owner.

ARTICLE IV
Rev B-060724 8

THE MM&V SERVICES

4.1 COMMENCEMENT OF THE MM&V SERVICES. The date of the commencement of Centrica Business Solutions' obligations under the MM&V Services Phase (the β€œMM&V Services Commencement Date”) shall be the date that: (i) Substantial Completion has been achieved for all portions of the ECM Work, and (ii) the systems start-up and training obligations under Section 3.6 have been completed. Centrica Business Solutions' obligations under the MM&V Services Phase shall thereafter continue until the conclusion of the Term or any earlier termination of this Agreement.

4.2 THE MM&V SERVICES.

4.2.1 During the MM&V Services Phase Centrica Business Solutions shall perform those MM&V Services set forth in and in accordance with the Scope of MM&V Services.

Without limiting the foregoing, Centrica Business Solutions shall perform and carry out the duties and obligations set forth below in Section 4.2.2.

4.2.2 For each year of the Term after the MM&V Services Commencement Date, within sixty (60) days of the anniversary date of the MM&V Services Commencement Date, Centrica Business Solutions shall provide Owner with an annual energy savings guarantee reconciliation report (the β€œSavings Reconciliation Report”) in substantially the form attached hereto as Exhibit C, that calculates annual energy savings according to the Energy Savings Methodologies defined in the β€œEnergy Savings Schedule” attached hereto as Schedule 5. Centrica Business Solutions will provide Owner with an explanation as to any variations between annual energy savings and the Guaranteed Energy Savings (as hereinafter defined) shown in the Savings Reconciliation Report. The Savings Reconciliation Report shall initially be submitted by Centrica Business Solutions to Owner in draft form whereupon Centrica Business Solutions and Owner shall use their best efforts to resolve any discrepancies in the draft Savings Reconciliation Report as soon as possible so as to arrive at mutually acceptable Savings Reconciliation Report. Centrica Business Solutions and Owner will indicate their acceptance of the Savings Reconciliation Report by signing at the end thereof. Failure of Owner to respond within 60 days of receipt of the report shall indicate Owner’s acceptance of the report.

4.3 GUARANTEED ENERGY SAVINGS.

4.3.1 Centrica Business Solutions has formulated and hereby guarantees the energy and operations savings (the β€œGuaranteed Energy Savings”) to be achieved as a result of the installation and operation of the ECM Work and the provisions of the MM&V Services, as set forth in the Energy Savings Schedule (Schedule 5). The amount of the Guaranteed Energy Savings is subject to modification based upon i) changes in the ECM Work after the Effective Date, ii) changes in the MM&V Services after the Effective Date, and iii) Material Changes, and the Parties shall reflect all such modifications by revising accordingly the Guaranteed Energy Savings and any other applicable portions of the Energy Savings Schedule.

Rev B-060724 9

4.3.2 Commencing with the first twelve (12) month period following the MM&V Services Commencement Date, and for each twelve (12) month period within the Term thereafter, where the energy savings, as calculated using the method defined in the Energy Savings Schedule, are less than the Guaranteed Energy Savings, Centrica Business Solutions agrees to pay to Owner the difference between the Guaranteed Energy Savings and the sum of the actual energy savings as calculated. Centrica Business Solutions will make any such Guaranteed Energy Savings payment within ninety (90) days of the date of Owner’s acceptance of the Savings Reconciliation Report pursuant to Section 4.3.1.

4.4 EQUIPMENT SERVICE AND MODIFICATION.

4.4.1 Owner shall not move, remove, modify, alter, or change the Equipment or any part thereof (β€œAlterations”) in any way without the prior written approval of Centrica Business Solutions, except in the event of a bona fide emergency where it is not reasonably possible to notify Centrica Business Solutions before carrying out Alterations. In the event of such an emergency, Owner shall take reasonable steps to protect the Equipment from damage or injury, shall follow any instructions for emergency action provided in advance by Centrica Business Solutions, and shall notify Centrica Business Solutions within three (3) business days of such emergency. Any telephonic notice of such emergency shall be followed within one (1) business day by written notice to Centrica Business Solutions from Owner. Owner agrees to maintain the Facilities in good repair and to protect and preserve all portions thereof that may in any way affect the operation or maintenance of the Equipment.

4.4.2 In the event that any actions of Owner, including but not limited to the carrying out of Alterations, affect the performance of the Equipment, the Guaranteed Energy Savings shall be adjusted to reflect the impact of such actions. If Owner unreasonably delays in notifying Centrica Business Solutions of changes resulting from an emergency and/or Owner does not receive written approval to carry out Alterations, all Guaranteed Energy Savings obligations of Centrica Business Solutions under Section 4.3 and elsewhere in this Agreement shall automatically cease and be of no further force or effect.

4.4.3 At all times during the Term, Centrica Business Solutions shall have the right, subject to Owner's prior written approval, which approval shall not be unreasonably withheld, to change the Equipment or any related energy automation management systems, revise any procedures for the operation thereof, and/or implement other energy saving actions in the Facilities, provided that: (i) such modifications are necessary, in Centrica Business Solutions' reasonable judgment, to enable Centrica Business Solutions to achieve the Guaranteed Energy Savings at the Facilities, and (ii) any cost incurred relative to such modifications, additions or replacement of the Equipment, or operational changes or new procedures shall be the responsibility of Centrica Business Solutions All such modifications, additions or replacements of the Equipment or revisions to operating or other procedures shall be described in a supplemental schedule to be provided to Owner.

ARTICLE V
OWNER’S RESPONSIBILITIES
Rev B-060724 10

5.1 GENERAL RESPONSIBILITIES.

5.1.1 Upon request of Centrica Business Solutions, Owner shall provide all available information in a timely manner regarding requirements for the Project, including all existing reports or studies regarding the physical characteristics of the site (such as surveys, site evaluations and existing conditions reports), legal descriptions, plans and drawings, building controls, systems, apparatus, equipment and machinery.

5.1.2 Owner shall promptly notify Centrica Business Solutions of all known unusual or materially change to the operating conditions that affect any Facilities, or any condition that may affect the ECM Work or the MM&V Services.

5.1.3 Owner shall appoint an authorized representative to facilitate Centrica Business Solutions' performance of the ECM Work and the MM&V Services. The representative shall:
a) be fully acquainted with the ECM Work and the MM&V Services; b) agree to furnish the information and MM&V Services required of Owner so as not to delay Centrica Business Solutions' performance of its obligations under this Agreement; and
c) shall have authority to bind Owner in all matters requiring Owner’s approval, authorization or written notice. If Owner changes its representative or the representative’s authority as listed above, Owner shall notify Centrica Business Solutions in advance.

5.2 RESPONSIBILITIES DURING CONSTRUCTION & INSTALLATION PHASE.

5.2.1 Owner shall review the ECM Work Schedule as set forth in Section 3.1.1, timely approve any milestone dates set forth, and timely respond to its obligations thereunder.

5.2.2 Owner shall provide sufficient space at the Project site for the performance of the ECM Work. Owner shall provide access to the Project site and Facilities for Centrica Business Solutions to perform any function related to this Agreement during regular business hours, and at such other reasonable times as may be requested by Centrica Business Solutions Owner shall not unreasonably restrict Centrica Business Solutions' access to the Project site or Facilities to make emergency repairs or corrections as Centrica Business Solutions may determine are needed.

5.2.3 Owner shall provide inspection and testing services during construction as required by law or as mutually agreed in writing.

5.2.4 Contractor shall have no responsibility for compliance with the California Environmental Quality Act, other than as may be expressly included in the ECM Work in order to comply with mitigation measures designated by Owner.

Rev B-060724 11

5.2.5 Contractor and the Owner acknowledge that under California Government Code Section 4215, the Owner assumes the responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities located on the Project site which are not identified in the drawings, specifications or other Contract Documents. Prior to commencing any underground work on this Project, Contractor shall: take all reasonable steps to confirm the location of such utility facilities sufficient to assure itself that no conditions exist at or about the Project site which would require revision to the ECM Work, ECM Work Price, dates for Substantial Completion or Final Completion, or any other material provision of this Agreement; and, contact the appropriate Underground Service Alert (β€œUSA”) and arrange to have the Project area marked by USA for underground utilities. In addition, Contractor shall review the Owner’s as-built drawings, survey’s and other site documents produced and/or made available to Contractor to locate and verify all underground utilities or other underground obstacles or site conditions. In the event that underground utilities or other underground obstacles or site conditions are discovered by Contractor that were not reflected in the results of the USA underground service inspection or in the Owner’s as-built drawings, survey’s and other site documents produced to Contractor, such matters shall be deemed unforeseen circumstances and Contractor shall be entitled to a reasonable extension of time and a reasonable increase in the ECM Work Price based upon the time and increased costs and expenses incurred by Contractor as a result of such inaccuracies. Contractor and the Owner agree that the provisions of California Government Code Section 4215 requiring that the utilities be identified in the invitation for bids shall not apply to this Agreement insofar as Contractor has the responsibility for design of the Project as well as construction of the Project. Rather, Contractor and the Owner agree that the scope of Contractor’s responsibilities relating to design of the Project includes review of Owner-provided existing condition information and interface with Underground Service Alert.

5.2.6 If Owner becomes aware of any error, omission or failure of Contractor to meet the requirements of this Agreement or any fault or defect in the ECM Work, Owner shall give prompt written notice to Centrica Business Solutions.

5.3 RESPONSIBILITIES DURING THE MM&V SERVICES PHASE.

5.3.1 Owner shall provide Centrica Business Solutions with complete energy usage information and energy-using equipment information, as requested by Centrica Business Solutions This information will include, but not be limited to:
a) Copies of all utility and fuel bills for the Facilities; for the two years prior to the MM&V Services Commencement Date and ongoing throughout the Term. b) Direct access, by telephone modem or other reasonable means installed at Centrica Business Solutions' expense, to any and all energy management systems or building automation systems installed in or used in connection with the Facilities, with permission granted to Centrica Business Solutions to download any and all information from these systems and to store such information for the Term;
Rev B-060724 12
c) Permission to install, at Centrica Business Solutions' expense, add-on devices to any and all utility and energy use meters, to enable Centrica Business Solutions to directly observe Facility utility usage, with permission granted to Centrica Business Solutions to download any and all information from these systems and to store such information for the Term;
d) Permission, as an agent of Owner, to obtain and utilize any and all energy usage information from any and all utilities or energy suppliers providing service to the Facilities, with permission granted to Centrica Business Solutions to download any and all information from these systems and to store such information for the Term. In connection herewith, Owner agrees to execute such permission or authorization forms, which utilities or energy suppliers may from time to time require to release such information to Centrica Business Solutions; and
e) Copies of any and all energy-using equipment repair orders or invoices for repairs or maintenance ECM Work not subject to the direct control of Centrica Business Solutions

5.3.2 Failure by Owner to provide the information required in this Section 5.3 or otherwise comply with its obligations under this Agreement in timely fashion, will suspend the Energy Savings Guarantee described in the Energy Savings Schedule until the information is provided or other obligation is met. The failure of Owner to provide this information within ninety (90) days of the end of the applicable annual period shall be deemed a material breach of this Agreement in accordance with Section 8.2.1(d) hereof.

ARTICLE VI

COMPENSATION AND PAYMENT

6.1 COMPENSATION FOR THE ECM WORK.

6.1.1 For the performance of the ECM Work, and all obligations in connection therewith under this Agreement, Owner agrees to pay Centrica Business Solutions the following sum (the β€œECM Work Price”): ___________________________________ ($_________________). A detailed β€œECM Work Schedule of Values”, setting forth the breakdown of the total ECM Work Price, is attached hereto as Schedule 6A.

6.1.2 Based upon itemized applications for payment submitted to Owner by Centrica Business Solutions during the Construction and Installation Phase, Owner shall make payment to Centrica Business Solutions of the ECM Work Price as follows:

a) The period covered by each application for payment shall be one calendar month ending on the last day of the month. Provided an application for payment is received by Owner not later than the 5th day of a month, Owner shall make payment pursuant to such application to Centrica Business Solutions not later Rev B-060724 13
than the 20th day of the same month. If an application for payment is received by Owner after the application date fixed above, payment shall be made by Owner not later than twenty (20) days after receipt of the application for payment.
b) Each application for payment shall provide such detail and back-up information or data as Owner may reasonably require, and shall be based upon the ECM Work completed and materials stored on Project site and/or at locations approved by Owner in its reasonable discretion for the period ending on the last day of the applicable month. The ECM Work Schedule of Values shall be used in establishing percentages of completion in payment applications. c) Final payment, constituting the entire unpaid balance of the ECM Work Price, shall be made by Owner to Centrica Business Solutions within fifteen (15) days of the date of Final Completion.
d) Payments due and unpaid shall bear interest from the date due at the legal rate prevailing from time to time at the place where the Project is located.

6.2 COMPENSATION FOR THE MM&V SERVICES.

6.2.1 For the performance of the MM&V Services during the Term, Owner agrees to pay Centrica Business Solutions the following fee (the β€œMM&V Services Fee”):
___________________________ ($_______________). A detailed β€œMM&V Services Schedule of Values”, setting forth the breakdown of the total MM&V Services Fee for each item of MM&V Services, is attached hereto as Schedule 6B.

6.2.2 Effective as of each one year anniversary of the MM&V Services Commencement Date, the MM&V Services Fee shall be increased by an amount equal to three (3%) percent of the amount of the MM&V Services Fee for the immediately preceding one (1) year period.

6.2.3 The MM&V Services Fee shall be paid in arrears in equal annual installments on the first (1st) day of the month in which the one year anniversary of the MM&V Services Commencement Date occurs.

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ARTICLE VII

CHANGES

7.1 CHANGE ORDERS. Changes in the ECM Work or MM&V Services that are within the general scope of this Agreement, and that are not minor changes in the ECM Work or MM&V Services, shall be accomplished without invalidating this Agreement by a written instrument executed by both Parties in accordance with this Article VII (a β€œChange Order”). Centrica Business Solutions may request or Owner may order changes in the ECM Work or MM&V Services within the general scope of this Agreement consisting of adjustment to the ECM Work Price and/or MM&V Services Fee, respectively, or the ECM Work Schedule. All such changes in the ECM Work shall be authorized by applicable Change Order.

7.1.1 Owner and Centrica Business Solutions shall negotiate in good faith an appropriate adjustment, as applicable, to the ECM Work Price, MM&V Services Fee and/or the ECM Work Schedule, and shall conclude these negotiations as expeditiously as possible.

Acceptance of the Change Order and any adjustment in the ECM Work Price, MM&V Services Fee and/or ECM Work Schedule shall not be unreasonably withheld. An increase or decrease in the ECM Work Price or MM&V Services Fee resulting from a change in the scope of the ECM Work or MM&V Services shall be determined by one or more of the following methods:
a) unit prices set forth in this Agreement or as subsequently agreed in writing by the Parties;
b) a mutually accepted, itemized lump sum; or
c) if an increase or decrease cannot be agreed upon as set forth in this Section 7.1, the adjustment in the ECM Work Price or MM&V Services Fee shall be determined by the reasonable expense and savings of the performance of the ECM Work resulting from the change. If there is a net increase in the ECM Work Price or MM&V Services Fee, then a reasonable adjustment shall be made for Centrica Business Solutions' overhead and profit. In the case of a net decrease in cost, the amount of the decrease in the ECM Work Price or MM&V Services Fee shall not include reduction for overhead and profit.

7.2 MINOR CHANGES IN THE ECM WORK. Centrica Business Solutions may make minor changes in the design and construction of the ECM Work consistent with the intent of this Agreement that do not involve an adjustment in the ECM Work Price or MM&V Services Fee or the ECM Work Schedule, so long as such changes do not materially and adversely affect the ECM Work, the quality of the materials or equipment specified herein, the performance of any materials, equipment or systems specified herein, or the quality of the workmanship required by this Agreement.

7.3 CHANGES AFFECTING THE GUARANTEED ENERGY SAVINGS. The Parties acknowledge that changes that negatively or positively affect the scope of the ECM Work will necessarily affect the Guaranteed Energy Savings set forth in Section 4.3. Any Change Order Rev B-060724 15
documents containing such scope changes shall also delineate any corollary Guaranteed Energy Savings adjustments.

7.4 UNKNOWN CONDITIONS. If in the performance of the ECM Work or the MM&V Services Centrica Business Solutions finds latent, concealed or other conditions that materially differ from the conditions Centrica Business Solutions reasonably anticipated, or if the physical conditions are different from those normally encountered and generally recognized as inherent in the kind of ECM Work or MM&V Services provided for in this Agreement, then the ECM Work Price or the MM&V Services Fee shall be equitably adjusted, and, as applicable, the ECM Work Schedule and Guaranteed Energy Savings shall be appropriately modified, by a Change Order within a reasonable time after the conditions are first observed. Centrica Business Solutions shall provide Owner with written notice of its discovery of any of the foregoing conditions as soon as practicable after such discovery.

7.5 EMERGENCIES. In any emergency affecting the safety of persons or property, Centrica Business Solutions shall act, at its discretion, to prevent threatened damage, injury or loss. Any change in the ECM Work Price, MM&V Services Fee or ECM Work Schedule on account of such emergency ECM Work shall be determined as provided in this Article VII.

7.6 CHANGES IN LAW. In the event any changes in laws or regulations affecting the performance of the ECM Work are enacted after the date of this Agreement, the ECM Work Price, the MM&V Services Fee and/or the ECM Work Schedule or Guaranteed Savings shall be equitably adjusted by Change Order.

7.7 MATERIAL CHANGES.

7.7.1 Definition. A β€œMaterial Change” is any change in or to the Facilities, whether structural, operational or otherwise in nature that reasonably can be expected, in the judgment of Owner and Centrica Business Solutions to decrease annual energy savings in accordance with the provisions and procedures set forth in the Energy Savings Schedule (Schedule 5) after adjustments for climatic variations. Actions by Owner that may result in a Material Change include, but are not limited to the following; a) The manner of use of the Facilities by Owner;
b) The hours of operation for the Facilities or for any Equipment or energy using systems operating at the Facilities;
c) Permanent changes in the comfort and service parameters set forth in Scope of ECM Work (Schedule 2A);
d) Occupancy of the Facilities;
e) The structure of the Facilities;
f) The types and quantities of equipment used at the Facilities; Rev B-060724 16
g) The modification, renovation or construction at the Facilities (other than the ECM Work);
h) Owners’ failure to provide maintenance of and repairs to the Equipment; or i) Any other conditions other than climate affecting energy use at the Facilities.

7.7.2 Reported Material Changes. Owner shall use best efforts to deliver to Centrica Business Solutions a written notice describing all actual or proposed Material Changes at least thirty (30) days prior to the implementation of such Material Change, or as soon as is practicable after an emergency or other unplanned event. After Centrica Business Solutions' review of the notice, the Parties shall meet as soon as practicable to agree upon adjustments to the Energy Savings Schedule and the MM&V Services Fee, which adjustments shall be set forth in a Change Order.

ARTICLE VIII

TERMINATION

8.1 TERMINATION BY OWNER FOR CAUSE. Upon thirty (30) days’ advance written notice to Centrica Business Solutions, Owner may terminate this Agreement for Cause (as hereinafter defined) if after giving Centrica Business Solutions written notice of such Cause, Centrica Business Solutions fails to cure the same within thirty (30) days following receipt of such notice or, if such cure cannot reasonably be effected within thirty (30) days, such cure is undertaken within such time period and is thereafter continued diligently until completion.

8.1.1 For purposes of this Agreement, β€œCause” shall mean the occurrence of any of the following:
a) Any material failure on the part of Centrica Business Solutions to perform or comply with the terms and conditions of this Agreement; or b) The commencement by or on behalf of Centrica Business Solutions of any voluntary or involuntary case or matter relating to or associated with the U.S.

Bankruptcy Code, or for liquidation, reorganization, or an arrangement pursuant to any other U.S. or state bankruptcy laws, or Centrica Business Solutions being adjudicated a debtor or declared bankrupt or insolvent under the U.S. Bankruptcy Code, or any other U.S. Federal or state laws relating to bankruptcy, insolvency, winding-up, or adjustment of debts, or Centrica Business Solutions making a general assignment for the benefit of creditors, or admitting in writing its inability to pay its debts generally as they become due, and/or if a custodian, receiver, trustee or liquidator of Centrica Business Solutions, all or substantially all of the assets or business of Centrica Business Solutions or of Centrica Business Solutions' interest in this Agreement, is appointed in any proceeding.

Rev B-060724 17

8.1.2 If termination occurs during the Construction and Installation Phase, Owner shall be responsible for paying for all ECM Work performed by Centrica Business Solutions through the effective date of termination, and Owner may deduct from the amount due to Centrica Business Solutions the reasonable cost to Owner of any necessary remediation required with respect to the matters resulting in such termination. In the event that Centrica Business Solutions is terminated by Owner under this provision and it is later determined that such termination was improper, Centrica Business Solutions shall be entitled to the remedies set forth in Section 8.3 below.

8.1.3 If termination occurs during the MM&V Services Phase, Owner shall be responsible for paying for all reasonable costs and expenses incurred by Centrica Business Solutions under Section 4.4 hereof prior to the effective date of termination, but subject to Owner’s right to deduct its remediation costs in the same manner as provided in Section

8.1.2. 8.2 TERMINATION BY CENTRICA BUSINESS SOLUTIONS SERVICES, INC.

8.2.1 Upon ten (10) days’ advance written notice to Owner, Centrica Business Solutions may, in addition to any other rights or remedies, terminate this Agreement for any of the following reasons:
a) If the ECM Work has been stopped for at least thirty-day period under court order or order of other governmental authorities having jurisdiction, or as a result of the declaration of a national emergency or other governmental act during which, through no fault of Centrica Business Solutions, materials, supplies, tools, and construction equipment and machinery for the ECM Work are not available;
b) If Owner has failed to pay any compensation due to Centrica Business Solutions in accordance with this Agreement for a period of thirty (30) days or more; provided however, in lieu of immediate termination, Centrica may suspend the Work, in its sole discretion, pending payment and reimbursement of its unavoidable suspension costs from Owner. In the event of such written notice of suspension by Centrica, Centrica shall be required to provide an additional five (5) days’ advance written notice to Owner to terminate this Agreement. c) If the ECM Work has been suspended for any reason by Owner for a continuous period exceeding sixty (60) days;
d) If Owner has materially hindered or delayed Centrica Business Solutions in the performance of any of its obligations under this Agreement, or Owner has otherwise has materially breached any covenant, agreement, warranty or representation set forth in this Agreement, and if after giving Owner written notice of thereof Owner fails to cure the same within thirty (30) days following receipt of such notice or, if such cure cannot reasonably be effected within thirty Rev B-060724 18
(30) days, such cure is undertaken within such time period and is thereafter continued diligently until completion.

8.2.2 Upon such termination, Centrica Business Solutions shall be entitled to recover from Owner as provided in Section 8.3.

Upon the payment of amounts due under this Section 8.2, neither Party shall have any further liability to the other except for those obligations expressly specified in this Agreement to survive its termination.

8.3 TERMINATION BY OWNER WITHOUT CAUSE.

8.3.1 If Owner terminates this Agreement other than pursuant to Section 8.1, Centrica Business Solutions shall be entitled to recover from Owner as follows:
a) If termination occurs during the Construction and Installation Phase, Owner shall be responsible for paying for all ECM Work performed by Centrica Business Solutions through the effective date of termination; b) If termination occurs during the MM&V Services Phase, Owner shall be responsible for paying for all reasonable costs and expenses incurred by Centrica Business Solutions under Section 4.2 hereof prior to the effective date of termination;
c) Owner shall pay for all demobilization costs incurred by Centrica Business Solutions, and purchase or rental costs incurred by Centrica Business Solutions, for any equipment acquired by the Centrica Business Solutions in connection with the ECM Work and MM&V Services;

8.3.2 In addition to the foregoing, Owner shall further assume and become liable for obligations, commitments, and unsettled claims that Centrica Business Solutions has previously undertaken or incurred in good faith on behalf of Owner in connection with the Project hereof.

8.4 GUARANTEED ENERGY SAVINGS. Upon the termination of this Agreement pursuant to either Section 8.2 or Section 8.3, all Guaranteed Energy Savings obligations of Centrica Business Solutions under Section 4.3 and elsewhere in this Agreement shall automatically cease and be of no further force or effect.

ARTICLE IX

INDEMNIFICATION/INSURANCE/BONDING/WAIVERS

9.1 INDEMNIFICATION.

9.1.1 Centrica Business Solutions shall indemnify and hold Owner and its employees harmless from and against all third party claims, losses, or damages arising from the Rev B-060724 19
performance of the ECM Work or the MM&V Services provided that the same are attributable to bodily injury, death and/or damage to property, but only to the extent caused by the negligent, reckless or wrongful acts or omissions acts or omissions of Centrica Business Solutions or anyone for whose acts Centrica Business Solutions is liable. In no event shall this indemnification apply to liability to the extent caused by the negligence or willful misconduct of the party to be indemnified or held harmless. This indemnification shall not be limited to damages, compensation or benefits payable under insurance policies, any worker’s compensation act, or other employee benefit acts.

9.1.2 Owner shall indemnify and hold Centrica Business Solutions and its employees and subcontractors and agents harmless from and against all third party claims for bodily injury, death, and/or damage to property (excluding damage for which Owner assumes the risk of loss or damage to the ECM Work itself) that may arise in connection with the Project but only to the extent caused by the negligent, reckless or wrongful acts or omissions acts or omissions of Owner or anyone for whose acts Owner is liable. In no event shall this indemnification apply to liability to the extent caused by the negligence or willful misconduct of the party to be indemnified or held harmless. This indemnification shall not be limited to damages, compensation or benefits payable under insurance policies, any worker’s compensation act, or other employee benefit acts..

9.2 CENTRICA BUSINESS SOLUTIONS SERVICES, INC.’S INSURANCE. At all times during the Term, Centrica Business Solutions shall provide and maintain the insurance set forth in this Section 9.2. All insurers shall be authorized and licensed to provide insurance in the State of California, and shall be rated as A- or better by A.M. Best

9.2.1 Workers’ Compensation. Centrica Business Solutions shall obtain and maintain Worker’s Compensation insurance with statutory limits and Employers’ Liability insurance in the amount of $1,000,000.

9.2.2 Commercial General Liability. Centrica Business Solutions shall obtain and maintain Commercial General Liability Insurance written on an occurrence basis, with the following limits:

Each Occurrence Limit: $1,000,000
General Aggregate Limit: $2,000,000
Products/Completed
Operations Aggregate
Limit: $2,000,000
Personal and Advertising
Injury Limit: $1,000,000

Medical Pay: $5,000

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9.2.3 Automobile Liability. Centrica Business Solutions shall obtain and maintain Business Automobile Liability Insurance covering owned, non-owned, and hired automobiles, with the following limits:

Combined Single Limit
Bodily Injury and
Property Damage: $1,000,000 Each Occurrence

9.2.4 Professional Liability. Centrica Business Solutions shall obtain and maintain professional liability or errors & omissions insurance for claims arising from the negligent performance of any professional MM&V Services under this Agreement, which shall be General Office Coverage, with the following limits:

Per claim: $1,000,000
Aggregate: $2,000,000

9.2.5 Excess Umbrella. All liability insurance may be arranged under a single policy for the full limits required or by a combination of primary, excess, and/or umbrella liability policies.

9.2.6 Policy Terms. Owner shall be named as an additional insured on all coverage obtained to the extent of the negligence of Centrica Business Solutions under all liability policies except Professional Liability and Workers’ Compensation, on a primary and noncontributory with respect to any liability coverage maintained by Owner. Centrica Business Solutions will not cancel coverage without at least thirty (30) days’ prior written notice has been given to Owner. Upon request, a certificates of insurance will be provided to Owner.

9.3 OWNER’S INSURANCE.

9.3.1 Liability Insurance. Owner shall obtain and maintain its own liability insurance for protection against claims arising out of the performance of this Agreement.

9.3.2 Property Insurance.
a) Owner shall obtain and maintain Builder’s Risk or equivalent property insurance in a form reasonably acceptable to Centrica Business Solutions upon the entire Project, including the Equipment and the Facilities and all other existing structures in which any of the ECM Work is to be performed, as well as all Project structures that are fully or partially owned or occupied by Owner or its affiliates, for the full cost of replacement at the time of any loss. This insurance shall include as insureds Owner, Centrica Business Solutions, Centrica Business Solutions' subcontractors, and all other subcontractors and suppliers, as their interests may appear. This insurance shall insure against loss from the perils of fire and extended coverage, and shall include β€œall risk” coverage including at a minimum coverage for theft, vandalism, malicious Rev B-060724 21
mischief, inland transit, collapse, temporary buildings, debris removal, flood, earthquake, wind, testing, and damage resulting from defective design, workmanship, or material. Owner shall increase limits of coverage, if necessary, to reflect estimated replacement cost. Owner shall be responsible for all premiums and any co-insurance penalties, exclusions, sublimits, or deductibles.
b) On or before the MM&V Services Commencement Date, Owner shall procure and thereafter maintain at all times during the Term, at its sole cost and expense a policy or policies of property damage insurance on all fixtures and improvements and betterments to the Facilities, including the Equipment, against any peril generally included within the classification β€œall risks”, including, but not limited to, risks covered by fire, extended coverage, vandalism and malicious mischief, in amounts at least equal to the full replacement cost thereof (without deduction for depreciation). Such coverage shall include boiler and machinery and equipment breakdown insurance.

Centrica Business Solutions shall be included as an insured or loss payee on all such policies, as its interests may appear.

9.3.3 Policies. Upon Centrica Business Solutions' request, Owner shall provide Centrica Business Solutions with a copy of all policies including all endorsements thereto. Centrica Business Solutions shall be given thirty (30) days’ prior written notice of cancellation, nonrenewal, or any endorsements restricting or reducing coverage.

9.3.4 Loss Adjustment. Any insured loss shall be adjusted with Owner and Centrica Business Solutions and made payable to Owner as trustee for the insureds, as their interests may appear, subject to any applicable mortgagee clause.

9.4 WAIVER OF CLAIMS AND SUBROGATION.

9.4.1 Property Damage. Owner and Centrica Business Solutions waive all claims and other rights they may have against each other for loss of and/or damage to (i) the Project, including the Equipment and Facilities, (ii) all materials, machinery, equipment, and other items used in accomplishing the ECM Work and/or to be incorporated into the Project, while the same are in transit, at the Project site, during erection, and otherwise, and (c) all property owned by or in the custody of Owner and its affiliates, however such loss or damage shall occur, except the rights each Party has to the proceeds of such insurance held by Owner as trustee in accordance with Section 9.3.4.

9.4.2 Waiver of Subrogation. Owner and Centrica Business Solutions shall have their respective insurers waive all rights of subrogation they may have against one another for claims arising thereunder. If the policies of insurance referred to in this Article IX require an endorsement to provide for continued coverage where there is a waiver of subrogation, the Parties will cause them to be so endorsed.

Rev B-060724 22

9.4.3 Damages Waiver. Except to the extent of applicable insurance coverage under insurance policies procured pursuant to this Agreement, Owner and Centrica Business Solutions agree to waive all claims against the other for all special, indirect, consequential, remote, punitive, exemplary, or similar damages that may arise out of or relate to this Agreement. This waiver includes, but is not limited to, Owner’s loss of use of the Facilities, all rental expenses incurred, loss of services of employees, or loss of reputation, and Centrica Business Solutions' loss of business, loss of financing, principal office overhead and profits, loss of profits not related to this Project, or loss of reputation. The provisions of this Section 9.4.3 shall survive the termination of this Agreement.

9.4.4 Limitation of Liability. The Parties have discussed the risk and rewards associated with the ECP Work, as well as Centrica Business Solutions' compensation for the MM&V Services. The Parties agree that Centrica Business Solutions shall procure and maintain insurance policies with such coverages and amounts and for such periods of time as required by this Agreement. In light of the foregoing, Owner agrees that Centrica Business Solutions' liability under this Agreement, regardless of the form of action, shall in no event exceed the amount of the compensation actually received by Centrica Business Solutions pursuant to Section 6.1 and Section 6.2 of this Agreement. The provisions of this Section 9.4.4 shall survive the termination of this Agreement.

9.5 BONDING.

9.5.1 Performance and Payment Bonds are required of Centrica Business Solutions as a condition to the commencement and performance of the ECM Work. All Bonds must be acceptable to Owner, and its reasonable discretion, and shall: i) be issued by good and sufficient sureties licensed in the State of California, ii) The Surety on any bond required under the Contract Documents shall be an Admitted Surety Insurer as that term is defined in California Code of Civil Procedure 995.120.

ARTICLE X

CASUALTY AND CONDEMNATION

10.1 CASUALTY.

10.1.1 After the MM&V Services Commencement Date, Owner assumes and shall bear the risk of damage, loss, theft, or destruction, partial or complete, of the Equipment and the Facilities (a β€œCasualty Loss”), however arising, except to the extent that the same may be caused by the negligent or willful acts or omissions of Centrica Business Solutions that is not covered by insurance to be procured pursuant to this Agreement. If Owner fails to repair or replace any Casualty Loss within a reasonable time, and in no event more than one hundred twenty (120) days from its occurrence (except to the extent that the Casualty Loss is the responsibility of Centrica Business Solutions in accordance with the foregoing), Centrica Business Solutions may, at its option: (i) terminate this Agreement by delivery of a written notice to Owner, and such termination shall be deemed a termination without Cause and will be subject to the provisions of Section 8.3 hereof, or (ii) require Owner to Rev B-060724 23
amend this Agreement in a manner that equitably accounts for the loss of such Equipment and/or Facilities.

10.1.2 In the event of a Casualty Loss caused by the negligent or willful acts or omissions of Centrica Business Solutions that is not covered by insurance to be procured pursuant to this Agreement, Owner may require Centrica Business Solutions to promptly repair or replace the damaged or destroyed Equipment and/or Facilities, and in the event of Centrica Business Solutions' failure to do so, Owner may, at its option: (i) repair or replace such items and recover the reasonable cost thereof from Centrica Business Solutions, or (ii) terminate this Agreement for Cause pursuant to Section 8.1 hereof.

10.2 CONDEMNATION.

10.2.1 In the event of the condemnation resulting in a taking of substantially all of the Facilities, this Agreement shall terminate upon the effective date of such taking, and such termination shall be deemed a termination without Cause in accordance with Section 8.3 hereof, provided, however, that the proceeds of such condemnation shall belong to Owner.

10.2.2 In the event of a condemnation resulting in a taking of less than substantially all of the Facilities, the Parties shall amend this Agreement in a manner that equitably accounts for such taking.

ARTICLE XI

COMPLIANCE OBLIGATIONS

11.1 STATUTORY AND REGULATORY COMPLIANCE. Centrica Business Solutions will comply with all applicable provisions of federal, state and local law when performing the ECM Work AND the MM&V Services. Where required by law, all drawings, plans, reports, and other documents delivered to Owner as part of the ECM Work must bear the stamp or seal of architects or engineers licensed by the State of California

11.2 FAILURE TO COMPLY. If Centrica Business Solutions performs and ECM Work or MM&V Services knowing or having reason to know that such ECM Work or MM&V Services are contrary to applicable laws, rules and/or regulations, Centrica Business Solutions shall be responsible for payment of all reasonable costs and expenses arising therefrom.

Rev B-060724 24

ARTICLE XII

GENERAL PROVISIONS

12.1 NOTICE. All notices required under this Agreement shall be in writing and shall be given either by: (i) personal delivery; or (ii) a nationally-recognized overnight delivery service that provides proof of delivery and addressed to the other Party at such Party’s address specified below.

Such address may be changed by a Party giving notice thereof in accordance with this provision.

To Owner: _______________________________
________________________________
________________________________
________________________________
To: Centrica Business Solutions Services, Inc.
2111 Ellsworth Blvd.

Malta, New York 12020
Attn: Business Unit Manager

12.2 INDEPENDENT CAPACITY. The Parties agree that Centrica Business Solutions is an independent contractor, and that Centrica Business Solutions and its employees and agents, shall act in an independent capacity in the performance of this Agreement, and shall not be construed as officers, employees, or agents of Owner. In addition, this Agreement shall not be construed as creating any partnership or joint venture between the Parties.

12.3 FORCE MAJEURE. If causes beyond a Party’s reasonable control delay, impair or prevent the performance of any of such Party’s obligations hereunder, expressly excepting, however, the payment of money, the time for such performance shall be extended for a reasonable period of time commensurate with the time and nature of the cause. Such causes shall include, but not be limited to: changes ordered in the ECM Work, acts or omissions of the other Party or others beyond the control of the Party whose performance is required, adverse weather conditions not reasonably anticipated, fire, unusual transportation delays, general labor disputes impacting the ECM Work, acts of governmental agencies, or unavoidable accidents or circumstances, Hazardous Materials or differing site conditions.

12.4 FURTHER DOCUMENTS. The Parties agree to execute and deliver all further documents and perform all further acts that may be reasonably necessary to effectuate the provisions of this Agreement.

12.5 GOVERNING LAW. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California. The titles of the various Sections of this Agreement and elsewhere in the Contract Documents are used for convenience of reference only and are not intended to, and shall in no way, enlarge or diminish the rights or obligations of the Owner or Contractor and shall have no effect upon the construction or interpretation of the Contract Documents. The Contract Documents shall be construed as a whole in accordance with their fair meaning and not strictly for or against the Owner or Contractor. .

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12.6 SEVERABILITY. The partial or complete invalidity of any one or more provisions of this Agreement shall not affect the validity or continuing force and effect of any other provision.

12.7 NO WAIVER OF PERFORMANCE. The failure of either Party to insist, in any one or more instances, on the performance of any of the terms, covenants or conditions of this Agreement, or to exercise any of its rights hereunder, shall not be construed as a waiver or relinquishment of such term, covenant, condition or right with respect to further performance.

12.8 INTERPRETATION. The Parties agree that the following shall govern the interpretation of this Agreement:

12.8.1 Headings and captions are for convenience of reference only and shall not affect the construction or interpretation of this Agreement.

12.8.2 The grouping of the articles in this Agreement and of specifications under the various headings is solely for the purpose of convenient organization and in no event shall the grouping of provisions, the use of paragraphs or the use of headings be construed to limit or alter the meaning of any provisions.

12.8.3 The terms β€œherein,” β€œhereof” and β€œhereunder,” and words of similar import, refer to this Agreement as a whole and not to any particular Section, Subsection or Schedule or Exhibit.

12.8.4 The Parties have participated jointly in the negotiation and drafting of this Agreement, and no presumption or burden of proof shall arise favoring or disfavoring either Party by virtue of the authorship of any of the provisions hereof.

12.9 CENTRICA BUSINESS SOLUTIONS SERVICES, INC. PROPERTY. All property used by Centrica Business Solutions in connection with the ECM Work and the MM&V Services, including equipment, tools, drawings, designs, documentation, schematics, test equipment, software, and associated media remain the exclusive property of Centrica Business Solutions Owner agrees not to use such property for any purpose at any time. Owner agrees to allow Centrica Business Solutions personnel to retrieve and to remove all such materials remaining after the ECM Work has been completed or at the end of the Term. Owner acknowledges that any Centrica Business Solutions software included in the ECM Work is proprietary and will be delivered only after execution of and pursuant to a Centrica Business Solutions standard licensing agreement.

12.10 BINDING EFFECT. This Agreement and the Contract Documents shall inure to the benefit of, and be forever binding upon, the Parties and their respective successors, legal representatives and permitted assigns.

12.11 AMENDMENT. This Agreement may be amended, modified or supplemented only by written agreement signed by the Parties.

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12.12 ASSIGNMENT. Centrica Business Solutions acknowledges that Owner seeks to enter into this Agreement by, among other things, the qualifications of Centrica Business Solutions Accordingly, Centrica Business Solutions agrees that this Agreement shall not be assigned in whole or in part to another person or entity, without the prior written approval of Owner.

12.13 ENTIRE AGREEMENT. This Agreement, including all Schedules and Exhibits hereto, constitutes the entire agreement and understanding of the Parties and supersedes all prior agreements and understandings between the Parties with respect to the subject matter hereof. Each Party acknowledges that no Party has made any promises, representations, warranties, covenants or understandings other than those expressly set forth herein.

12.14 EXECUTION. This Agreement may be executed in several counterparts, each of which, when executed, shall be deemed to be an original, but all of which together shall constitute one and the same instrument. The transmission of the signature of a Party by facsimile, email or other electronic means shall be deemed an original thereof by the Party receiving such signature.

12.15 SUCCESSORS AND ASSIGNS. Except as otherwise expressly provided in the Contract Documents, all terms, conditions and covenants of the Contract Documents shall be binding upon, and shall inure to the benefit of the Owner and Contractor and their respective heirs, representatives, successors-in-interest and assigns.

12.16 NO WAIVER. No action or failure to act by the Owner or Centrica Business Solutions is a waiver of a right or remedy under the Contract Documents or at law nor does a Party’s failure to act constitute approval of or acquiescence in a breach hereunder.

12.17 GENDER AND NUMBER. Whenever the context of the Contract Documents so require, the neuter gender includes the feminine and masculine, the masculine gender includes the feminine and neuter, the singular number includes the plural and the plural number includes the singular. [Signature Page Immediately Follows]
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IN WITNESS WHEREOF, the Parties have executed this Agreement by their duly authorized representatives as of the Effective Date.

CENTRICA BUSINESS SOLUTIONS SERVICES, INC.

By:

Name:

Title:
________________________________
By:

Name:

Title:

Response to
Request for Proposals for Investment Grade Assessment (β€œIGA”) for University of the Pacific (β€œUOP”)
CENTRICA BUSINESS SOLUTIONS SERVICES, INC. ENERGY MANAGEMENT TEAM Β© 2024 CENTRICA BUSINESS SOLUTIONS, ALL RIGHTS RESERVED. PAGE | 29 Find out more.

At Centrica Business Solutions Services, Inc., we provide energy expertise and solutions to organizations worldwide to improve their operational efficiency, increase resilience, and help them become a sustainable business.

We are part of Centrica plc, an international energy services and solutions company focused on helping businesses and households live sustainably and affordably.

To find out more about how we can help:

E: [email protected]
T: (916) 860-9032
W: centricabusinesssolutions.com/us
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