Notes:
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DocuSign Envelope ID: 620DC91F-E0A5-4770-AF4C-6A624972A85F
DocuSign Envelope ID: 620DC91F-E0A5-4770-AF4C-6A624972A85F
DocuSign Envelope ID: 620DC91F-E0A5-4770-AF4C-6A624972A85F
DocuSign Envelope ID: 620DC91F-E0A5-4770-AF4C-6A624972A85F
DocuSign Envelope ID: 620DC91F-E0A5-4770-AF4C-6A624972A85F
DocuSign Envelope ID: 620DC91F-E0A5-4770-AF4C-6A624972A85F SSI
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4T UCKER DRIVE
POUGHKEEPSIE,N EW YORK 12603 USA
www.ssiaeration.com
EMAIL: [email protected]
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SSI AERATION, INC.
4T UCKER DRIVE
POUGHKEEPSIE,N EW YORK 12603 USA
www.ssiaeration.com
EMAIL: [email protected]
+1-845-454-8171 TEL
+1-845-454-8094 FAX
DocuSign Envelope ID: 620DC91F-E0A5-4770-AF4C-6A624972A85F Attachment F: Measurement and Verification Agreement
City of Fresno – Phase 3: Wastewater Treatment Plant
DocuSign Envelope ID: 620DC91F-E0A5-4770-AF4C-6A624972A85F 12520 High Bluff Drive Suite 345, San Diego, CA 92130 858.333.4775 (phone) / 858.224.2897 (fax) www.absenergy.com Contractor’s License # 1008135
MEASUREMENT AND VERIFICATION AGREEMENT
FOR
CITY OF FRESNO – PHASE 3
WASTEWATER TREATMENT PLANT
SCOPE OF SERVICES
TERMS AND CONDITIONS
ATTACHMENTS:
Attachment 1 – Guaranteed Savings Measurement & Verification x Savings Guarantee
x Measurement and Verification Methods
x Selected Measurement and Verification Options
x IPMVP Option A M&V Plan
x IPMVP Option C M&V Plan
Attachment 2 – Utility Baseline Summary
Attachment 3 – Energy Project Cashflow
DocuSign Envelope ID: 620DC91F-E0A5-4770-AF4C-6A624972A85F 12520 High Bluff Drive Suite 345, San Diego, CA 92130 858.333.4775 (phone) / 858.224.2897 (fax) www.absenergy.com Contractor’s License # 1008135
MEASUREMENT & VERIFICATION AGREEMENT
This Measurement and Verification (“M&V”) Agreement (“Agreement”) dated / / (“Effective Date”) is made by and between:
and
SCOPE OF SERVICES
Energy Savings Measurement & Verification Service:
“ABS” will provide measurement and verification services of the energy savings associated with “Purchaser” Energy Retrofit Installation, as described in “Attachment A – Scope of Work”. Energy Savings M&V reports will be provided to the “Purchaser” on an annual basis or upon request up to once a year for the term specified below.
Term:
This Service Agreement shall commence upon the completion and acceptance of the Purchaser energy retrofit installation project and receipt of final payment for the Contract and shall continue for an initial term of (1) year. The “Purchaser” may elect to enter into further extended terms upon written notice provided to ABS not less than thirty (30) days prior to termination of the init ial term. If the “Purchaser” fails to provide ABS with a written noti ce of extension prior to the end of the initial term or any subsequent extensions, the M&V Agreement shall be consider ed terminated. The “Purchaser” may terminate this service agreement at any time with a (30) day written notice. However, termination of this agreement will void any savings guarantee associated with this project.
Charges:
This Agreement shall be billed once per year is due and payable 30-days after “Purchaser’s” receipt of invoice. The annual Service Agreement charge is $0 for the first year, $25,000 for the second year, $30,000 for the third year, $35,000 for the fourth year and escalated at 4% annually for every subsequent year thereafter. This rate does not include taxes.
City of Fresno Wastewater Treatment Plant
(“Purchaser”) with its principal place of business at
2600 Fresno Street, Fresno, CA 93721
Alliance Building Solutions, Inc.
(“ABS”) with its principal place of business at
12520 High Bluff Drive, Ste 345, San Diego, CA 92130
DocuSign Envelope ID: 620DC91F-E0A5-4770-AF4C-6A624972A85F 12520 High Bluff Drive Suite 345, San Diego, CA 92130 858.333.4775 (phone) / 858.224.2897 (fax) www.absenergy.com Contractor’s License # 1008135
TERMS AND CONDITIONS
I. General Provisions:
I.1 Unless stated otherwise, the services provided under this Agreement shall be provided during “ABS” normal business hours. Normal business hours are Monday through Friday, 7:00AM to 4:00PM, excluding holidays. “ABS” will coordinate with the “Purchaser” so that any variations in these normal business hours necessitated by “Purchaser” Schedules can be accommodated.
I.2 The “Purchaser” shall provide reasonable means of access to the equipment being measured or verified. “ABS” shall not be responsible for any removal, replacement, or refinishing of the building structure, if required to gain access to the equipment. “ABS” shall be permitted to start and stop all equipment necessary to perform the services herein described as arranged with the “Purchaser’s” representative. “ABS” will obtain agreement from the “Purchaser’s” representative prior to any starting or stopping of equipment.
I.3 This Agreement shall supersede any previous Measurement and Verification Agreements accepted and approved by the “Purchaser” and “ABS.”
I.4 This Agreement, when accepted in writing by the “Purchaser” and approved by an authorized “ABS” representative, shall constitute the entire Agreement between the two (2) parties.
II. Charges:
II.1 For services not covered by this Agreement but performed by “ABS” upon the “Purchaser’s” prior written authorization, the “Purchaser” agrees to pay “ABS”’s invoice(s) 30 days after receipt of invoice. Failure to pay the invoice within 30 days after receipt will result in a 10% late payment penalty and failure to pay within 60 days will result in forfeiture of the entire agreement.
II.2 If emergency service is requested by the “Purchaser” and inspection does not reveal any defect for which “ABS” is liable under this Agreement, the “Purchaser” will be charged at “ABS”’s current emergency charge rates.
III. Limitations of Liability:
III.1 Neither party shall be liable for any loss, delay, injury, or damage that may be caused by circumstances beyond its control including, but not restricted to; acts of God, war, civil commotion, acts of government, fire, theft, corrosion, floods, lightning strikes, freezes, strikes, lockouts, differences with workmen, riots, explosions, quarantine restrictions, delays in transportation, shortage of vehicles, fuel, labor or materials, or malicious mischief. IN NO
EVENT, SHALL EITHER PARTY BE LIABLE FOR BUSINESS INTERRUPTION, LOSSES, CONSEQUENTIAL, INDIRECT, SPECIAL OR SPECULATIVE DAMAGES.
III.2 “ABS” shall not be required to make safety tests, install new devices, or make modifications to any equipment to comply with recommendations or directives of insurance companies, governmental bodies, or for other reasons.
III.3 Section removed
III.4 “ABS” warrants that for equipment furnished and/or installed but NOT manufactured by “ABS”, “ABS” will extend the same warranty and terms and conditions, which “ABS” received from the manufacturer of said equipment.
III.5 This agreement pre-supposes that all equipment is in satisfactory working order. Should any equipment be in need of repair, “ABS” will have ninety (90) days to make such repair. If the “Purchaser” does not authorize “ABS” to make the repairs or if the “Purchaser” does not have the work performed, the equipment will be eliminated from coverage and the Agreement saving will be adjusted. Maintenance of existing equipment and systems is the responsibility of the “Purchaser”. Failure to properly maintain equipment and systems can result in reduced energy efficiency and may necessitate a baseline energy adjustment III.6 The amount of any present or future sales, use, occupancy excise, or other tax (federal, state or local) which “ABS” hereafter shall be obligated to pay, either on its own behalf or on the behalf of the “Purchaser” (shall reasonably assist “ABS” in determining the applicable requirements, it shall be “ABS”’s sole responsibility for determining and complying with all applicable laws, regulations and standards.) or otherwise, with respect to the services covered by this Agreement, shall be paid by the “Purchaser”.
III.7 If the equipment or software included under this Agreement is altered, modified, or changed by a party other than “ABS”, this Agreement shall be modified to incorporate such changes the Agreement price and/or Savings shall be adjusted accordingly.
III.8 Following twelve (12) months of service or any time thereafter, if individual item(s) cannot, in “ABS”’s opinion, be properly repaired on-site because of excessive wear, de terioration or an Act of God that is out of “ABS” control. “ABS” may withdraw the item(s) from coverage upon ninety (90) days prior written notice. Energy savings may be adjusted accordingly.
III.9 This agreement shall be governed by, construed, and enforced in accordance with the laws of the State of California.
DocuSign Envelope ID: 620DC91F-E0A5-4770-AF4C-6A624972A85F 12520 High Bluff Drive Suite 345, San Diego, CA 92130 858.333.4775 (phone) / 858.224.2897 (fax) www.absenergy.com Contractor’s License # 1008135
IV. Miscellaneous Provisions:
IV.1 The services provided hereunder may occur on active “Purchaser” sites. As such, “ABS” shall ensure that its services on and around the “Purchaser” site comply with all applicable laws, regulations and standards including but not limited to, the fingerprinting requirements and any other legal requirements which maybe applicable to “ABS”’s activities on or about the “Purchaser” sites. The “Purchaser” shall reasonably assist “ABS” in determining the applicable laws, regulations and stands. If, at any time prior to completion of the Scope of Services, the “Purchaser” determines that there possibly might be more than limited contact between “ABS” and any minor- aged Purchaser student, the “Purchaser” may, in its sole discretion, require that “ABS” complies with the requirements of Education Code Section 45125.1, regardless of whether such requirements are otherwise applicable. In such event, “ABS” at its sole cost a nd expense, and without additional compensation from “Purchaser”, shall comply with all California Department of Justice guidelines and requirements with respect to fingerprinting of “ABS” officers, employees, agents, or other representatives who will or might be present on or at the “Purchaser” facility.
IV.2 Dispute Resolution:
IV.2.1 Disputes: This section shall apply to any disputes arising under our related to this Agreement (whether arising in contract, tort or otherwise, and whether arising at law or in equity including (a) any dispute regarding the performance, validity or enforceability of any provision of this Agreement or whether any party is in compliance with, or breach or, any provisions of this Agreement and (b) the applicability of this Section to a particular dispute. Any dispute to which this section applies is referred to herein as a “Dispute”
IV.2.2 Negotiation to Resolve Disputes: If a dispute arises, the Parties shall attempt to resolve such dispute through the following procedure.
IV.2.2.1 First, the representatives of each of the Parties shall promptly meet (whether by phone or in person) in a good faith attempt to resolve the Dispute; IV.2.2.2 Second, if the Dispute is still unresolved after 20 days following the commencement of the negotiations described in Section 4.2.2.1 then a designated executive officer to each party shall meet (whether by phone or in person) in a good faith attempt to resolve the Dispute;
IV.2.2.3 Third, if the Dispute is still unresolved after 10 days following the commencement of the negotiations described in Section 4.2.2.2, then either Party may submit such Dispute to litigation;
IV.2.2.4 The venue for any Dispute arising from or relating to this Agreement that is adjudicated pursuant to this Section 4.2.2.4 shall be arbitrated in Los Angeles, California. Any Dispute arising from or relating to this Agreement that is adjudicated pursuant to this Section
4.2.2.4 shall be arbitrated in Los Angeles, California. The arbitration shall be administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures, and judgment on any award maybe entered in any court of competent jurisdiction. If the Parties agree, a mediator may be consulted prior to arbitration; IV.2.2.5 Pending a final resolution of a Dispute, the Parties shall each proceed diligently and faithfully with performance of their respective obligations under this Agreement.
IV.3 Indemnification:
The Parties hereto agree to defend, indemnify, and hold harmless the other Party, it’s employees, agents, officials, officers and directors from any and all liabilities, claims, expenses, losses or damages, including attorney’s fees which may arise in connection with the work herein specified and which are caused in whole or in part by the negligent act or omission of the indemnifying Party. To the extent it may lawfully do so, the Parties hereby indemnify, defend (with counsel of it choosing), and holds harmless the other party and its affiliates, directors, representatives, agents, officers, employees and volunteers from and against any and all liability or claim of liability, loss or expense, including defense costs and lega l fees and claims for damages of whatsoever character, nature and kind, whether directly or indirectly arising from any third party actions from injury to or death of persons, and damage to or loss of property to the extent caused by or arising out the connected with an act or omission of the indemnifying party, or an agent, invitee, guest, employee, or anyone in, on or about he “Purchaser” sites, including, but not limited to, liability, expense, and claims for: bodily injury, death, personal injury, or property damage caused by negligence, creation or maintenance of a dangerous condition of property, breach of express or implied warranty of product, defectiveness of product, or intentional infliction of harm, including any workers’ compensation suites, liability, or expense, arising from or connected with services performed by, or on
DocuSign Envelope ID: 620DC91F-E0A5-4770-AF4C-6A624972A85F 12520 High Bluff Drive Suite 345, San Diego, CA 92130 858.333.4775 (phone) / 858.224.2897 (fax) www.absenergy.com Contractor’s License # 1008135
behalf of the indemnifying party, by any person pursuant to this Agreement; nonpayment for labor materials, appliances, teams or power, performed on, or furnished or contributed to the “Purchaser” sites. Notwithstanding the above, neither party shall be required to defend, indemnify and hold harmless the other for its own negligent acts and omissions’ or willful misconduct. It is the intent of the Parties that were negligence is determined to have been joint or contributory, principles of comparative negligence will be followed, and each Party shall bear the proportionate cost of any loss damage, expense or liability attributable to that Party’s negligence.
V. Occupational Safety and Health: The Parties hereto agree to notify each other immediately upon becoming aware of any alleged violations of, the Occupational Safety and Health Act (OSHA) relating in any way to the project or project site.
VI. Audits: In accordance with Government Code Section 8546.7, the State has the right to examine, review, audit and/or copy the Records of the work during the three (3) year period following final payment to the Contractor pursuant to the Contract. In addition, the “Purchaser” hereby has the right to examine, review, audit and/or copy the Records of the work during the three (3) year period following final payment to the Contractor pursuant to the Contract. Therefore, the Contractor shall make the Project Records available at its offices at all reasonable time during the performance of the Work and for three (3) years from the date of final completion or filing of a Notice of Completion for the Project, whichever is later. However, if any audit is commenced within such three (3) year period, the Contractor shall make the Project Records available at all reasonable times until proceedings related to such audit are complete and all statutes of limitations related thereto have expired. In the event the “Purchaser” notifies the Contractor that federal funds have been used in connection with Project, the Contractor shall retain and make available the Project Records for such longer period as may be required by federal law.
VII. Entire Agreement: This Agreement, upon acceptance, shall constitute the entire agreement between the parties and supersedes any prior representations or understandings.
VIII. Changes: No change or modification of any of the terms and conditions stated herein shall be binding upon either Party unless accepted by both Parties in writing.
IX. Severability: if one or more of the provisions of this Agreement are held to be unenforceable under laws, such provisions(s) shall be excluded from these terms and conditions and the remaining terms and conditions shall be interpreted as if such provision were so excluded a nd shall be enforced in accordance to their terms and conditions.
X. Counterparts: This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. A signature on a copy of this agreement received by either party by facsimile or portable document format (PDF) is binding upon the other party as an original. The parties shall treat a photocopy of such facsimile as a duplicate original.
XI. Assignment: “ABS” retains the right to assign its rights and obligations of the Agreement with written consent of “Purchaser”.
XII. Acknowledgement: Both “ABS” and the “Purchaser” acknowledge having read this Agreement and all contract documents incorporated herein and have executed this agreement on the date written above.
XIII. Approval: Each Party represents that the person that has executed this Agreement on its’ behalf is authorized to do so.
CITY OF FRESNO,
A California municipal corporation
By: ______________________
Brock D. Buche, PE, PLS,
Director of Public Utilities
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By: ______________________
Brandon M. Collet Date
Supervising Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
By: ______________________
Deputy
Date
ALLIANCE BUILDING SOLUTIONS, INC.,
A California municipal corporation
By: ____________________________
Name: _________________________
Title: ______________
____________
(If corporation or LLC., Board Chair, Pres. or
Vice Pres.)
By: _______________________
Name:
____________________
Title: ______________
________
(If corporation or LLC., CFO, Treasurer, Secretary or
Assistant Secretary)
DocuSign Envelope ID: 620DC91F-E0A5-4770-AF4C-6A624972A85F Brad Chapman
12/6/2023
President
12/6/2023
Tim Gray
CFO, COO
12/6/2023
12520 High Bluff Drive Suite 345, San Diego, CA 92130 858.333.4775 (phone) / 858.224.2897 (fax) www.absenergy.com Contractor’s License # 1008135
Attachment 1
Guaranteed Savings Measurement & Verification
DocuSign Envelope ID: 620DC91F-E0A5-4770-AF4C-6A624972A85F 12520 High Bluff Drive Suite 345, San Diego, CA 92130 858.333.4775 (phone) / 858.224.2897 (fax) www.absenergy.com Contractor’s License # 1008135
Guaranteed Savings Measurement & Verification
This document contains the Measurement and Verification (M&V) plan for the energy savings related to the Energy Efficiency Measures (EEMs) contained in the Installation Agreement. The following table summarizes the EEMs implemented at the Fresno Waste Water Treatment Plant.
For each EEM, a specific M&V plan is submitted to provide a comprehensive overall plan for the City of Fresno. Energy savings shall be compared to the Utility Baseline Summary, as shown in Attachment 2. Each EEM’s M&V Plan provides:
x A description of how the savings shall be verified.
x The selection of the specific protocol of verification of savings. x The requirements for measurement or other means to establish savings.
ABS is responsible for pre-retrofit measurements, energy savings calculations, equipment installation, and required post retrofit verification as outlined herein. Purchaser agrees to operate and maintain all equipment installed. Proper operation and maintenance of equipment and systems is critical to long-term achievement of energy savings.
Savings Guarantee
ABS warrants that Purchaser shall realize total annual project savings (utility and operational savings) and rebates in excess o f the annual lease payments. The effective date will begin on the date of final acceptance of the Installation project and receipt of final payment for the associated Installation Contract. The total project savings will exceed the installation contract amount and M&V payments associated with this agreement during the course of the useful life of the installed equipment. ABS agrees to complete the M&V Report on an annual basis and deliver to the Purchaser within sixty (0) days of the anniversary date of final acceptance and annually thereafter if renewed by the Purchaser. Project savings that are verified during the course of construction will be applied to the 1st year guaranteed project savings.
If the annual M&V Report demonstrates that the project will achieve one hundred percent (100%) or more of the Guaranteed Project Annual Savings, then ABS shall have satisfied its energy performance guarantee obligation and the Purchaser shall accept the Annual M&V Report.
In the event that an annual M&V Report savings value (including any excess savings from previous years) does not meet the Guaranteed Project Savings in accordance with the M&V Plan, then ABS shall repair, replace, or substitute the EEM that is not performing at the required level, as identified in the M&V Report. Following corrective action, ABS shall re-perform the relevant M&V work for the affected EEM(s) and amend or supplement the M&V Report. If the sum of the EEMs indicates that the Guaranteed Project Savings are met or exceeded, then no further remedy shall be required.
If, after the opportunity to make corrections, the M&V Report, as amended, indicates that verified savings are less than the Guaranteed Project Savings as shown in the Savings Summary, then ABS shall pay the Purchaser the shortfall amount. However, under no circumstances will the amount(s) paid for the total of the energy savings shortfalls exceed the total lease payments associated with this contract.
The Purchaser agrees that project savings, which exceed the guaranteed amount in any one (1) year, may be applied to previous or future year’s savings to offset an energy savings shortfall. The savings guarantee will remain in effect for the term of thi s agreement. Cancellation of this agreement will result in the termination of the savings guarantee.
The Utility Baseline Summary, as shown in Attachment 2, may be modified over the course of the Guarantee Period to adjust for changes in utility rates, number of days in utility billing cycle, square footage, energy using equipment, building occupancy an d weather. This Guarantee is subject to the Purchaser’s adherence to the Control Parameters for Lighting and HVAC systems, as documented in the Installation Agreement Attachments.
DocuSign Envelope ID: 620DC91F-E0A5-4770-AF4C-6A624972A85F 12520 High Bluff Drive Suite 345, San Diego, CA 92130 858.333.4775 (phone) / 858.224.2897 (fax) www.absenergy.com Contractor’s License # 1008135
Measurement and Verification Methods
Measurement and Verification (M&V) of energy savings is a methodology based on standard industry protocol intended to provide reasonable assurance that energy savings calculated are realized over the term of the contract.
The development of the M&V plan is based on the International Performance Measurement and Verification Protocol (IPMVP):
Concepts and Options for Determining Energy and Water Savings, Volume 1. This plan contains methodology that shall provide verification of the estimated program savings through direct utility billing comparisons, engineering calculations and/or field measurements.
M&V methods can differ based on the type, size and complexity of the project, as well as the availability of data, level of assurance of saving, financing constraints, and energy costs. The M&V methods used for this project are detailed herein and were selected to be the most cost effective while still providing a reasonable assurance of the savings calculations.
IPMVP 2012 Volume 1 provides an overview of the IPMVP Options, as illustrated below:
M&V Option M&V Methodology Description How Savings Are Calculated Option A
Retrofit Isolation:
Key Parameter
Measurement
Savings are determined by field measurement of the key
performance parameter(s) which define the energy use of the EEM’s affected system(s) and/or the success of the project.
Measurement frequency ranges from short-term to
continuous, depending on the expected variations in the measured parameter, and the length of the reporting period.
Parameters not selected for field measurement are estimated.
Estimates can be based on historical data, manufacturer’s specifications, or engineering judgment. Documentation of the source or justification of the estimated parameter is required.
The plausible savings error arising from estimation rather than measurement is evaluated.
Engineering calculation of baseline and
reporting period energy from short-
term or continuous measurements of
key operating parameter(s) and
estimated values. Routine an d non-
routine adjustments as required.
Option B
Retrofit Isolation:
All Parameter
Measurement
Savings are determined by fi eld measurement of the energy use of the EEM-affected system. Measurement frequency
ranges from short-term to continuous, depending on the
expected variations in the savings and the length of the reporting period.
Short-term or Continuous
measurements of baseline and
reporting period energy, and/or
engineering computations using
measurements of proxies of energy use.
Routine and non-routine adjustments as
required.
Option C
Whole Facility
Savings are determined by measuring energy use at the whole facility or sub -facility level. Continuous measurements of the entire facility’s energy use are takenthroughout the reporting period.
Analysis of whole facility baseline and
reporting period (utility) meter data.
Routine adjustments as required, using
techniques such as simple comparison
or regression analysis. Non- routine
adjustments as required.
Option D
Calibrated
Simulation
Savings are determined through simulation of the energy use of the whole facility, or of a sub-facility.Simulation routines are demonstrated to adequately model actual energy
performance measured in the facility. This Option usually requires considerable skill in calibrated simulation.
Energy use simulation, calibrated with
hourly or monthly utility billing data.
(Energy end use metering may be used
to help refine input data.)
DocuSign Envelope ID: 620DC91F-E0A5-4770-AF4C-6A624972A85F 12520 High Bluff Drive Suite 345, San Diego, CA 92130 858.333.4775 (phone) / 858.224.2897 (fax) www.absenergy.com Contractor’s License # 1008135
Selected Measurement and Verification Options
The below table illustrates the selected IPMVP Options for the EEMs covered under this M&V plan:
The particular options selected for each EEM were based on a number of related issues including: EEM complexity, EEM cost, EEM savings, cost of M&V and the ability to accurately determine holistic building operations. If more than one option is selected, either option will be considered valid by ABS and the Purchaser. The baseline and the post-installation energy use depend on various system and external factors, such as utilized setpoints, energy demand, operating hours, occupancy, weather conditions, and energy rates. Development of the baseline, post installation consumption, cost avoidances and simple payback for each EEM covered by this M&V plan includes:
x Stipulated Values – These agreed upon values are important in the overall calculations for energy consumption, financial calculations, and operating conditions.
x Developed/Measured Values – These are the values determined by spot or short-term measurement. Values are determined based on a sound engineering approach to variable determination. Both values used for baseline consumption and values to be measured/determined as parts of the post installation are detailed. x Assumptions – Some values that are assumed in order to calculate energy use are necessary in certain circumstances. x Calculations – The necessary calculations for baseline energy usage, costing, and annual savings for evaluating the estimated and actual savings of EEMs.
x Pre-Retrofit Measurements – EEMs may have a section detailing the measurements required prior to the retrofit. These measurements are used to establish the baseline or adjustments required to establish an accurate baseline. x Post Retrofit Measurements – EEMs may have a section that details the measurements required if any after the retrofit is completed. This section is utilized to detail the type of measurements required for verification of the energy savings calculations.
x Adjustments – EEMs may have a section for adjustments. This section includes possible adjustments to the actual Energy Audit Report and energy information, appropriate adjustments to the M&V plan, and adjustments to any savings guarantee.
This section is utilized to anticipate changes necessary due to field conditions and provide an appropriate response in the verification of actual energy and cost avoidances.
DocuSign Envelope ID: 620DC91F-E0A5-4770-AF4C-6A624972A85F 12520 High Bluff Drive Suite 345, San Diego, CA 92130 858.333.4775 (phone) / 858.224.2897 (fax) www.absenergy.com Contractor’s License # 1008135
x Commissioning – EEMs may have a section regarding the commissioning process. This provides the detail for how the savings will be verified upon project completion, and the type of inspection that will be completed, and the billing method for verified savings. This section is utilized to provide a standard approach for each EEM upon project completion.
ABS will follow the agreed-upon M&V protocols for the measurement period and will prepare post installation reports with supporting documentation for the Purchaser.
DocuSign Envelope ID: 620DC91F-E0A5-4770-AF4C-6A624972A85F 12520 High Bluff Drive Suite 345, San Diego, CA 92130 858.333.4775 (phone) / 858.224.2897 (fax) www.absenergy.com Contractor’s License # 1008135
Measurement and Verification Plan
IPMVP Option A: Retrofit Isolation, Key Parameter Measurement For Lighting System Upgrades
M&V Procedure
This option provides for the measurement of at least one variable pre and post retrofit with other variables allowed for stipulation. For this retrofit, a representative sample of each of the fixture types will be measured. The same sample will be used for both pre and post retrofit calculations. Wattage shall be measured with an appropriate instrument that is properly calibrated.
Stipulated Values
Operating Hours are stipulated for purposes of M&V. Please refer to the Lighting Systems Attachment in the Installation Agreement for a complete list of lighting hours of operation. Stipulated values are agreed to by the Purchaser.
Adjustments
For this EEM, the following adjustments are allowed for purposes of Measurement and Verification:
x Light level requirements may be modified as detailed in this plan. x Changes in actual construction including the number and/or type of lighting fixtures. x Utility rates, billing days or degree days.
Savings Calculations
The calculations for the baseline energy consumption and post retrofit savings shall be completed in accordance with the industry guidelines set forth by IPMVP and methods indicated below. kWh Savings = [(Existing Watts / Fixture) x (Existing Quantity) x (Existing Hours of Operation) / 1000] – [(Proposed Watts / Fixture) x (Proposed Quantity) x (Proposed Hours of Operation) / 1000] Dollar Savings = (kWh Savings) x (Average Utility Baseline $/kWh Rate) Operational Savings
The Purchaser will realize maintenance and operational savings resulting from the new system installations, extended warranties, and/or service agreements provided by ABS. The operational savings are based on CEC guidelines and are stipulated and met upon the completed installation of the energy retrofit contract.
Commissioning
Commissioning shall consist of inspections and a final verification report. Inspections shall consist of:
x During construction, ABS shall maintain a detailed record of the types and quantities of fixtures retrofitted and fixtures installed in each facility. A post construction inspection is required by the responsible M&V party. x After lighting modifications have been completed, the installations shall be inspected to verify counts by fixture code. x Post-retrofit lighting levels shall be measured to verify compliance with the contract standards.
DocuSign Envelope ID: 620DC91F-E0A5-4770-AF4C-6A624972A85F 12520 High Bluff Drive Suite 345, San Diego, CA 92130 858.333.4775 (phone) / 858.224.2897 (fax) www.absenergy.com Contractor’s License # 1008135
Measurement and Verification Plan
IPMVP Option A: Retrofit Isolation, Key Parameter Measurement For HVAC System Upgrades
M&V Procedure
This option shall provide for the measurement of at least one variable pre- and post-retrofit with other variables allowed for stipulation. For this retrofit, field data shall be collected which includes, unit counts, unit capacity, nameplate electrical data and efficiency rating for each existing HVAC system.
Stipulated Values
Hours of operation, heating/cooling loads and runtime hours of the existing HVAC systems are stipulated for purposes of M&V.
Please refer to the table titled “Fresno WWTP HVAC Controls Op erating Parameters” in the below controls section for specific operating hours and runtime hours for each HVAC unit or area. Stipulated values are agreed to by Purchaser.
Adjustments
None required for this EEM.
Savings Calculations
The calculations for the baseline energy consumption and post retrofit savings shall be completed in accordance with the industry guidelines set forth by IPMVP and methods indicated below. kWh Savings = [(Capacity of Existing HVAC Unit) x (Existing Un it Efficiency) x (Stipulated Load Factor)] – [(Capacity of New HVAC Unit) x (New Unit Efficiency) x (Stipulated Load Factor)] x (Annual Hours of Operation) Dollar Savings = (kWh Savings) x (Average Utility Baseline $/kWh Rate) Operational Savings
The Purchaser will realize maintenance and operational savings resulting from the new system installations, extended warranties, and/or service agreements provided by ABS. The operational savings are based on CEC guidelines and are stipulated and met upon the completed installation of the energy retrofit contract.
Commissioning
Commissioning shall consist of inspections and a final verification report. Inspections shall consist of:
x ABS shall include verification that each new unit is operating as specified in all modes (heat/cool).
Control Operating Parameters
DocuSign Envelope ID: 620DC91F-E0A5-4770-AF4C-6A624972A85F 12520 High Bluff Drive Suite 345, San Diego, CA 92130 858.333.4775 (phone) / 858.224.2897 (fax) www.absenergy.com Contractor’s License # 1008135
Measurement and Verification Plan
IPMVP Option A: Retrofit Isolation, Key Parameter Measurement For Transformer Upgrades
M&V Procedure
This option provides for the measurement of at least one variable pre and post retrofit with other variables allowed for stipulation. For this retrofit, a representative sample of each of the transformer types will be measured. The same sample will be used for both pre and post retrofit calculations. Wattage shall be measured with an appropriate instrument that is properly calibrated.
Stipulated Values
Operating Hours are stipulated for purposes of M&V. The hours of operation will match the hours the facilities were operating during the baseline period. The transformers are energized 24/7 year-round for all facilities. Stipulated values are agreed to by the Purchaser. The below table illustrates stipulated existing and proposed transformer losses and percentage loading based on extensive field measurements:
Adjustments
For this EEM, the following adjustments are allowed for purposes of Measurement and Verification:
x Utility rates, billing days or degree days.
Savings Calculations
The calculations for the baseline energy consumption and post retrofit savings shall be completed in accordance with the industry guidelines set forth by IPMVP and methods indicated below. kWh Saving = EXISTING [(No Load Losses + ((On % Loading)^2*(Full Load Losses-No Load Losses))) / 1000]*(Operation Hours) + [(No Load Losses + ((OFF % Loading)^2*(Full Load Losses-No Load Losses))) / 1000]*(Operation Hours) – PROPOSED [(No Load Losses + ((On % Loading)^2*(Full Load Losses-No Load Losses))) / 1000]*(Operation Hours) + [(No Load Losses + ((OFF % Loading)^2*(Full Load Losses-No Load Losses))) / 1000]*( Operation Hours) Dollar Savings = (kWh Savings) x (Average Utility Baseline $/kWh Rate) Operational Savings
The Purchaser will realize maintenance and operational savings resulting from the new system installations, extended warranties, and/or service agreements provided by ABS. The operational savings are based on CEC guidelines and are stipulated and met upon the completed installation of the energy retrofit contract.
Commissioning
Commissioning shall consist of inspections and a final verification report. Inspections shall consist of:
x During construction, ABS shall maintain a detailed record of the types and quantities of fixtures retrofitted and fixtures installed in each facility. A post construction inspection is required by the responsible M&V party.
DocuSign Envelope ID: 620DC91F-E0A5-4770-AF4C-6A624972A85F 12520 High Bluff Drive Suite 345, San Diego, CA 92130 858.333.4775 (phone) / 858.224.2897 (fax) www.absenergy.com Contractor’s License # 1008135
Measurement and Verification Plan
IPMVP Option A: Retrofit Isolation, Key Parameter Measurement For Odor Control Upgrades of MUA and Exhaust Fans
M&V Procedure
This option provides for the measurement of at least one variable pre and post retrofit with other variables allowed for stipulation. For this retrofit, a detailed series of pre-measurements were taken for a representation of baseline performance.
These measurements were taken as part of the PG&E incentive program. This sample will be used as the representative of baseline energy consumption. In the post retrofit sampling the electrical parameters such as electrical load (kW) will be measured over a period of time to provide a representative performance of the system(s). This electrical measurement will be able to provide the projected duty cycle and load factor of the individual systems to extrapolate the annual performance of the post retrofit system. The post-retrofit relative to the baseline will provide energy savings for the system. Electrical measurements will be planned to be collected from the existing SCADA control system.
Stipulated Values
Operating Hours are based upon wastewater loads as collected during the baseline period. The hours of operation used for the calculations will match the hours the facilities were operating during the baseline period.
Adjustments
For this EEM, the following adjustments are allowed for purposes of Measurement and Verification:
x Utility rates, changes to operating practices.
Savings Calculations
The calculations for the baseline energy consumption and post retrofit savings shall be completed in accordance with the industry guidelines set forth by IPMVP and methods indicated below. kWh Saving = EXISTING kWh – PROPOSED kWH
EXISTING = [Avg Motor Load (kW)]*(Operation Hours) by Motor PROPOSED= [Avg Motor Load (kW)]*(Operation Hours) by Motor Dollar Savings = (kWh Savings) x (Average Utility Rate $/kWh Rate) Operational Savings
The Purchaser will realize maintenance and operational savings resulting from the new system installations, extended warranties, and/or service agreements provided by ABS. The operational savings are based on CEC guidelines and are stipulated and met upon the completed installation of the energy retrofit contract.
Commissioning
Commissioning shall consist of inspections and a final verification report.
DocuSign Envelope ID: 620DC91F-E0A5-4770-AF4C-6A624972A85F 12520 High Bluff Drive Suite 345, San Diego, CA 92130 858.333.4775 (phone) / 858.224.2897 (fax) www.absenergy.com Contractor’s License # 1008135
Measurement and Verification Plan
IPMVP Option A: Retrofit Isolation, Key Parameter Measurement For Optimization of the Aeration Distribution System by Replacing the Diffusers and Iris Valves to a more Efficient Style
M&V Procedure
This option provides for the measurement of at least one variable pre and post retrofit with other variables allowed for stipulation. For this retrofit, a detailed series of pre-measurements were taken for a representation of baseline performance.
These measurements were taken as part of the PG&E incentive program. This sample will be used as the representative of baseline energy consumption. In the post retrofit sampling the electrical parameters such as electrical load (kW) will be measured over a period of time to provide a representative performance of the system(s). This electrical measurement will be able to provide the projected duty cycle and load factor of the individual systems to extrapolate the annual performance of the post retrofit system. The post-retrofit relative to the baseline will provide energy savings for the system. Electrical measurements will be planned to be collected from the existing SCADA control system.
Stipulated Values
Operating Hours are based upon wastewater loads as collected dur ing the baseline period. The hours of operation used for the calculations will match the hours the facilities were operating during the baseline period.
Adjustments
For this EEM, the following adjustments are allowed for purposes of Measurement and Verification:
x Utility rates, changes to operating practices.
Savings Calculations
The calculations for the baseline energy consumption and post retrofit savings shall be completed in accordance with the industry guidelines set forth by IPMVP and methods indicated below. kWh Saving = EXISTING kWh – PROPOSED kWH
EXISTING = [Avg Motor Load (kW)]*(Operation Hours) by Motor PROPOSED= [Avg Motor Load (kW)]*(Operation Hours) by Motor Dollar Savings = (kWh Savings) x (Average Utility Rate $/kWh Rate) Operational Savings
The Purchaser will realize maintenance and operational savings resulting from the new system installations, extended warranties, and/or service agreements provided by ABS. The operational savings are based on CEC guidelines and are stipulated and met upon the completed installation of the energy retrofit contract.
Commissioning
Commissioning shall consist of inspections and a final verification report.
DocuSign Envelope ID: 620DC91F-E0A5-4770-AF4C-6A624972A85F 12520 High Bluff Drive Suite 345, San Diego, CA 92130 858.333.4775 (phone) / 858.224.2897 (fax) www.absenergy.com Contractor’s License # 1008135
Measurement and Verification Plan
IPMVP Option A: Retrofit Isolation, Key Parameter Measurement For Optimization of RAS & WAS Pumping Operations
M&V Procedure
This option provides for the measurement of at least one variable pre and post retrofit with other variables allowed for stipulation. For this retrofit, a detailed series of pre-measurements were taken for a representation of baseline performance.
These measurements were taken as part of the PG&E incentive program. This sample will be used as the representative of baseline energy consumption. In the post retrofit sampling the electrical parameters such as electrical load (kW) will be measured over a period of time to provide a representative performance of the system(s). This electrical measurement will be able to provide the projected duty cycle and load factor of the individual systems to extrapolate the annual performance of the post retrofit system. The post-retrofit relative to the baseline will provide energy savings for the system. Electrical measurementswill be planned to be collected from the existing SCADA control system.
Stipulated Values
Operating Hours are based upon wastewater loads as collected dur ing the baseline period. The hours of operation used for the calculations will match the hours the facilities were operating during the baseline period.
Adjustments
For this EEM, the following adjustments are allowed for purposes of Measurement and Verification:
x Utility rates, changes to operating practices.
Savings Calculations
The calculations for the baseline energy consumption and post retrofit savings shall be completed in accordance with the industry guidelines set forth by IPMVP and methods indicated below. kWh Saving = EXISTING kWh – PROPOSED kWH
EXISTING = [Avg Motor Load (kW)]*(Operation Hours) by Motor PROPOSED= [Avg Motor Load (kW)]*(Operation Hours) by Motor Dollar Savings = (kWh Savings) x (Average Utility Rate $/kWh Rate) Operational Savings
The Purchaser will realize maintenance and operational savings resulting from the new system installations, extended warranties, and/or service agreements provided by ABS. The operational savings are based on CEC guidelines and are stipulated and met upon the completed installation of the energy retrofit contract.
Commissioning
Commissioning shall consist of inspections and a final verification report.
DocuSign Envelope ID: 620DC91F-E0A5-4770-AF4C-6A624972A85F 12520 High Bluff Drive Suite 345, San Diego, CA 92130 858.333.4775 (phone) / 858.224.2897 (fax) www.absenergy.com Contractor’s License # 1008135
Measurement and Verification Plan
IPMVP Option C: Whole Facility
M&V Procedure
The Measurement and Verification (M&V) Plan following IPMVP Option C protocol is designed to evaluate the energy performance of the whole facility, not just individual EEMs. The energy performance is assessed through utility meters, whole- facility meters, or sub-meters. The measurement boundary encompasses either the whole facility or a major section of the facility where EEMs were installed. Option C determines the combined savings of all the EEMs installed at the facility and is monitored by the associated energy meter. Savings reported under this Option will include the positive or negative effects of any non-EEM changes made in the facility because whole-facility meters are used.
Adjustments
Adjustments will be computed from identifiable physical facts about the energy governing characteristics of equipment within the measurement boundary. Adjustments are used to express both pieces of measured energy data under the same set of conditions. Two types of adjustments are possible:
x Routine Adjustments are used to account for any energy-governing factors, expected to change routinely during the reporting period. Routine Adjustments are completed by developing a mathematical model of each meter’s energy-use pattern. Typically, the baseline model includes factors derived from regression analysis, which correlates energy to one or more independent variables such as occupancy, weather, and metering period length. Values of independent variables over the reporting period can be inputted into the baseline model to predict what the baseline energy consumption would have been had if no EEM’s were installed. x Non-Routine Adjustments are used to account for those energy-governing factors which are not usually expected to change, such as: the facility size, the design and operation of installed equipment, or the type of occupants. ABS will monitor these static factors for change throughout the reporting period. Adjustments will be based on industry standards and sound engineering principles as they pertain to the specific affected system.
Metering
Whole-facility energy measurements can use the utility’s meters. Utility meter data is considered 100% accurate for determining savings because this data defines the payment for energy. The energy supplier’s meter(s) may be equipped or modified to provide output that can be recorded by the facility’s monitoring equipment. Meter data can be hourly, daily or monthly whole-facility data.
Savings Calculations
The calculations for the baseline energy consumption and post retrofit savings shall be completed in accordance with the industry guidelines set forth by IPMVP and ASHRAE. The baseline period and reporting period should use complete years of continuous data (12, 24, or 36 months). The electrical consumption reduction of the facility (measured in kWh and/or kW) shall be reported as Savings, or Avoided Energy Use, in which the savings are stated under the conditions of the reporting period and determined by the following equation:
Energy Savings (Avoided Energy Use) = (Baseline Energy ± Routine Adjustments to reporting-period conditions ± Non-Routine Adjustments to reporting-period conditions) - Reporting-Period Energy The price schedule of the reporting period will be used to compute the “avoided cost” on a meter-by-meter basis. The price schedule will be obtained from the utility and will include all elements that are affected by metered amounts, such as consumption charges, demand charges, power factor, and demand ratchets. In the event of a significant decrease in energy prices, the price schedule used for savings reporting will be that which prevailed at the time of commitment to the investment.
Cost savings are determined by applying the appropriate rate / price schedule in the following equation:
Cost Savings (Avoided Cost) = Cost of Baseline Energy - Cost of Reporting-Period Energy
DocuSign Envelope ID: 620DC91F-E0A5-4770-AF4C-6A624972A85F 12520 High Bluff Drive Suite 345, San Diego, CA 92130 858.333.4775 (phone) / 858.224.2897 (fax) www.absenergy.com Contractor’s License # 1008135
Attachment 2
Utility Baseline Summary
DocuSign Envelope ID: 620DC91F-E0A5-4770-AF4C-6A624972A85F 12520 High Bluff Drive Suite 345, San Diego, CA 92130 858.333.4775 (phone) / 858.224.2897 (fax) www.absenergy.com Contractor’s License # 1008135
Attachment 3
Energy Project Cashflow
DocuSign Envelope ID: 620DC91F-E0A5-4770-AF4C-6A624972A85F 12520 High Bluff Drive Suite 345, San Diego, CA 92130 858.333.4775 (phone) / 858.224.2897 (fax) www.absenergy.com Contractor’s License # 1008135
DocuSign Envelope ID: 620DC91F-E0A5-4770-AF4C-6A624972A85F Exhibit B
INSURANCE REQUIREMENTS
Contractor Service Agreement between City of Fresno (City) and Alliance Building Solutions Incorporated (Design/Builder) Fresno-Clovis Regional Wastewater Reclamation Facility Energy Savings and Sustainability Capital Improvements Project
(a) Throughout the life of this Agreement, DESIGN/BUILDER shall pay for and maintain in full force and effect all insurance as required herein with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than “A-VII” in the Best’s Insurance Rating Guide, or (ii) as may be authorized in writing by CITY'S Risk Manager or his/her designee at any time and in his/her sole discretion. The required policies of insurance as stated herein shall maintain limits of liability of not less than those amounts stated therein.
However, the insurance limits available to CITY, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified therein or the full limit of any insurance proceeds to the named insured.
(b) If at any time during the life of the Agreement or any extension, DESIGN/BUILDER or any of its subcontractors fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to DESIGN/BUILDER shall be withheld until notice is received by CITY that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY to terminate this Agreement. No action taken by CITY pursuant to this section shall in any way relieve DESIGN/BUILDER of its responsibilities under this Agreement. The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by CITY that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent.
(c) The fact that insurance is obtained by DESIGN/BUILDER shall not be deemed to release or diminish the liability of DESIGN/BUILDER, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify CITY shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by DESIGN/BUILDER. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of DESIGN/BUILDER, vendors, suppliers, invitees, contractors, sub-contractors, subcontractors, or anyone employed directly or indirectly by any of them.
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under “Minimum Limits of Insurance.”
2. The most current version of ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto). If personal automobile 14
DocuSign Envelope ID: 620DC91F-E0A5-4770-AF4C-6A624972A85F coverage is used, the CITY, its officers, officials, employees, agents and volunteers are to be listed as additional insureds.
3. Workers’ Compensation insurance as required by the State of California and Emplo yer’s Liability Insurance.
4. Professional Liability (Errors and Omissions) insurance appropriate to DESIGN/BUILDER’s profession.
MINIMUM LIMITS OF INSURANCE DESIGN/BUILD DEVELOPER
DESIGN/BUILDER shall procure and maintain for the duration of the contract, and for 5 years thereafter, insurance with limits of liability not less than those set forth below. However, insurance limits available to CITY, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured:
1. COMMERCIAL GENERAL LIABILIT
Y
(i) $2,000,000 per occurrence for bodily injury and property damage; (ii)
$2,000,000 per occurrence for personal and advertising injury; (iii)
$4,000,000 aggregate for products and completed operations; and, (iv)
$4,000,000 general aggregate applying separately to the work performed under the Agreement.
2. COMMERCI
AL AUTOMOBILE LIABILITY
$1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation Insurance as required by the State of California with statutory limits and EMPLOYER’S LIABILITY with limits of liability not less than:
(i) $1,000,000 each accident for bodily injury;
(ii)
$1,000,000 disease each employee; and,
(iii) $1,000,000 disease poli cy limit.
4. PROF
ESSIONAL LIABILITY (Errors and Omissions):
(i) $1,000,000 per claim/occurrence; and,
(ii)
$2,000,000 policy aggregate.
5. BUILDE
RS RISK (Course of Construction) insurance in an amount equal to the completed value of the project with no coinsurance penalty provisions. (Only required if the project includes new construction of a building, or renovation of, or addition to, an existing building.)
6. CONT
RACTORS POLLUTION LEGAL LIABILITY with coverage for bodily injury, property damage or pollution clean-up costs that could result from of pollution condition, both sudden and gradual. Including a discharge of pollutants brought to the work site, a release of pre- 15
DocuSign Envelope ID: 620DC91F-E0A5-4770-AF4C-6A624972A85F existing pollutants at the site, or other pollution conditions with limits of liability of not less than the following:
(i)
$2,000,000 per occurrence or claim; and,
(ii)
$4,000,000 general aggregate per annual policy period.
(a)
In the event this Agreement involves the transportation of ha zardous material, either the C
ommercial Automobile policy or other appropriate insurance policy shall be en
dorsed to include Transportation Pollution Liability insurance covering materials to be transported by DESI GN/BUILDER pursuant to the Agreement.
UMBRELL
A OR EXCESS INSURANCE
In the event DESIGN/BUILDER purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the CITY, its officers, officials, employees, agents and volunteers.
DEDUCTIBLES AND SELF-INSURED RETENTIONS
DESIGN/BUILDER shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and DESIGN/BUILDER shall also be responsible for payment of any self- insured retentions. Any deductibles or self-insured retentions must be declared on the Certificate of Insurance, and approved by, the CITY’S Risk Manager or his/her designee. At the option of the CITY’S Risk Manager or his/her designee, either:
(i)
The insurer shall reduce or eliminate such deductible s or self-insured retentions as respects CITY, its office
rs, officials, employees, agents and volunteers; or
(ii)
DESIGN/BUILDER shall provide a financial guarantee, satisfactory to CITY’S Risk Manager or his/her designee, guara
nteeing payment of losses and related investigations,
claim administration and defense exp
enses. At no time shall CITY be responsible for the
payment of any deductibles or self-insured retentions.
OT
HER INSURANCE PROVISIONS/ENDORSEMENTS
(i) All policies of insurance required herein shall be endorsed to provide that the cover age shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar days written notice has been given to CITY, except ten (10) days for nonpayment of premiu
m. DESIGN/BUILDER is also responsible for providing written notice to the CITY under the same terms and conditions. Upon issuance by the insurer, broker, or a
gent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, DESIGN/BUILDER shall furnish CITY with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire durin g the work to be
performed for CITY, DESIGN/BUILDER shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy. (ii)
The Commercial General and Automobile Liability insurance policies shall be written on an occurrence form. The Contractors Pollution Liability insurance policy shall be written on either an occurrence form, or a claims-made fo
rm.
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DocuSign Envelope ID: 620DC91F-E0A5-4770-AF4C-6A624972A85F (iii) The Commercial General, Automobile and Contractors Pollution Liability insurance policies shall be endorsed to name City, its officers, officials, agents, employees and volunteers as an additional insured. DESIGN/BUILDER shall establish additional insured status for the City and for all ongoing and completed operations under both Commercial General and Commercial Pollution Liability policies by use of ISO Forms or an executed manuscript insurance company endorsement providing additional insured status. The Commercial General endorsements must be as broad as that contained in ISO Forms: GC 20 10 11 85 or both CG 20 10 & CG 20 37.
(iv) All such policies of insurance shall be endorsed so the DESIGN/BUILDERS’ insurance shall be primary and no contribution shall be required of City. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees, agents and volunteers. If DESIGN/BUILDER maintains higher limits of liability than the minimums shown above, City requires and shall be entitled to coverage for the higher limits of liability maintained by DESIGN/BUILDER. (v) Should any of these policies provide that the defense costs are paid within the Limits of Liability, thereby reducing the available limits by defense costs, then the requirement for the Limits of Liability of these polices will be twice the above stated limits. (vi) For any claims related to this Agreement, DESIGN/BUILDER’S insurance coverage shall be primary insurance with respect to the CITY, its officers, officials, agents, employees and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, agents, employees and volunteers shall be excess of the DESIGN/BUILDER’S insurance and shall not contribute with it.
(vii) The Workers’ Compensation insurance policy shall contain, or be endorsed to contain, a waiver of subrogation as to CITY, its officers, officials, agents, employees and volunteers.
(viii) The Builder’s Risk Insurance shall have the policy endorsed to provide the City of Fresno to be named as a Loss Payee.
If the Professional (Errors and Omissions) policy is written on a claims-made form:
1. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by DESIGN/BUILDER.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement work or termination of the Agreement, whichever occurs first, or, in the alternative, the policy shall be endorsed to provide not less than a five (5) year discovery period.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by DESIGN/BUILDER, DESIGN/BUILDER must purchase “extended reporting” coverage for a minimum of five (5) years completion of the Agreement work or termination of the Agreement, whichever occurs first.
4. A copy of the claims reporting requirements must be submitted to CITY for review.
5. These requirements shall survive expiration or termination of the Agreement.
PROVIDING OF DOCUMENTS - DESIGN/BUILDER shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required herein All certificates and applicable endorsements are to be received and approved by the CITY’S Risk Manager or his/her designee prior to CITY’S execution of the Agreement and before work commences. All 17
DocuSign Envelope ID: 620DC91F-E0A5-4770-AF4C-6A624972A85F non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of CITY, DESIGN/BUILDER shall immediately furnish CITY with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. All subcontractors working under the direction of DESIGN/BUILDER shall also be required to provide all documents noted herein.
CLAIMS-MADE POLICIES - If any coverage required is written on a claims-made coverage form:
(i)
The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by DESIGN/BUILDER. (ii)
Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the work or termination of the Agreement, whichever first occurs.
(iii) If coverage is canceled or non-renewed, and not replaced with another claims- made policy form
with a retroactive date prior to the effective date of the Agreement, or work commence
ment date, DESIGN/BUILDER must purchase “extended reporting” period coverage for a minimum of five (5) years after completion of the work or termination of the Agreement, whichever first occur
s.
(iv)
A copy of the claims reporting requirements must be submitted to CITY for review. (v)
These requirements shall survive expiration or termination of the Agreement.
SUBC
ONTRACTORS -If DESIGN/BUILDER subcontracts any or all of the services to be performed under this Agreement, DESIGN/BUILDER shall require, at the discretion of the CITY Risk Manager or designee, subcontractor (s) to enter into a separate Side Agreement with the City to provide required indemnification and insurance protection. Any required Side Agreement(s) and associated insurance documents for the subcontractors must be reviewed and preapproved by CITY Risk Manager or designee. If no Side Agreement is required, DESIGN/BUILDER shall require and verify that subcontractors maintain insurance meeting all the requirements stated herein and DESIGN/BUILDER shall ensure that CITY, its officers, officials, employees, agents and volunteers are additional insureds. The subcontractors' certificates and endorsements shall be on file with DESIGN/BUILDER, and CITY, prior to commencement of any work by the subcontractors.
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DocuSign Envelope ID: 620DC91F-E0A5-4770-AF4C-6A624972A85F