HONEYWELL AGREEMENTHONEYWELL
AGREEMENT
CUSTOMER NAME: City of Clearwater
HONEYWELL PROPOSAL NUMBER: Performance Contract
DATE OF SUBMISSION: June 17, 2008 (Revised 10/20/08)
VALIDITY PERIOD: November 10, 2008
Form Rev. 11/06
TABLE OF CONTENTS
ARTICLE PAGE
1. GENERAL PROVISIONS ....................................................................................................................1
2. HONEYWELL'S RESPONSIBILITIES .............................................................................................1
3. CUSTOMER'S RESPONSIBILITIES .................................................................................................3
4. SUBCONTRACTS .................................................................................................................................4
5. INSTALLATION AND ACCEPTANCE .............................................................................................4
6. PRICE AND PAYMENT ......................................................................................................................5
7. CHANGES IN THE PROJECT ...........................................................................................................5
8. INSURANCE, INDEMNITY, WAIVER OF SUBROGATION, AND LIMITATION OF
LIABILITY ............................................................................................................................................. 5
9. TERMINATION OF THE AGREEMENT .........................................................................................7
10. ASSIGNMENT AND GOVERNING LAW .........................................................................................7
11. MISCELLANEOUS PROVISIONS .....................................................................................................7
12. ARBITRATION .....................................................................................................................................9
ATTACHMENT A
ATTACHMENT B
ATTACHMENT C
ATTACHMENT D
ATTACHMENT E
ATTACHMENT F
ATTACHMENT G
ATTACHMENT H
ATTACHMENTI
ATTACHMENT J
THE WORK (SCOPE-OF-WORK)
SOFTWARE LICENSE AGREEMENT
THE INSTALLATION SCHEDULE
SUPPORT SERVICES
PAYMENT SCHEDULE
ENERGY GUARANTEE
SCHEDULE OF SAVINGS
RESERVED
RESERVED
PROJECT ACCEPTANCE
Note Rmardin¢ Modifications Made to this Agreement: Provisions in the printed document that are not to be included in
the agreement may be deleted by striking through the word, sentence or paragraph to be omitted. It is recommended that
unwanted provisions not be made illegible. The parties should be clearly aware of the material deleted from the standard form.
Do not make any modifications to this Agreement unless approval to do so has been Granted. Changes may be made
only by deletion as explained above, or, by addendum.
Form Rev. 11/06
ARTICLE 1
GENERAL PROVISIONS
1.1 This Agreement, including all Attachments,
Exhibits, and Schedules referenced herein (hereinafter the
"Agreement") is made this ? day of
f1/UVEMi3E2 , 2008 (the "Effective Date") by and
between Honeywell International Inc. ("HONEYWELL"),
a Delaware Corporation, acting through its Automation
and Control Solutions business unit, with a principal place
of business at 101 Columbia Road, Morristown, New
Jersey 07962-1057, and City of Clearwater,
("CUSTOMER") with a principal place of business at 112
South Osceola Avenue, Clearwater, FL 33756
(collectively the "Parties").
1.2 EXTENT OF AGREEMENT: This Agreement,
including all attachments and exhibits hereto, represents
the entire agreement between CUSTOMER and
HONEYWELL and supersedes all prior negotiations,
representations or agreements. This Agreement shall not
be superseded by any provisions of the documents for
construction and may be amended only by written
instrument signed by both CUSTOMER and
HONEYWELL. None of the provisions of this Agreement
shall be modified, altered, changed or voided by any
subsequent Purchase Order issued by CUSTOMER, which
relates to the subject matter of this Agreement.
1.3 As used in this Agreement, the term "Work"
means the construction and services required by the
Contract Documents, whether completed or partially
completed, and includes all other labor, materials,
equipment and services provided or to be provided by
HONEYWELL to fulfill HONEYWELL's obligations, as
described in Attachment A and otherwise set forth in the
Contract Documents. The Work may constitute the whole
or a part of the Project. The Work specifically excludes
certain design and construction, which are the subject of
separate agreements between CUSTOMER and parties
other than HONEYWELL.
1.4 The Project is the total construction of which the
Work performed by HONEYWELL under this Agreement
may be the whole or a part.
1.5 The Contract Documents consist of this
Agreement, its attachments, exhibits, schedules, and
addenda.
1.6 Support Services means those services and
obligations to be undertaken by HONEYWELL in support
of CUSTOMER as set forth in Attachment D.
1.7 installation Schedule means that schedule set out
in Attachment C describing the Parties' intentions
respecting the times by which the components or aspects
of the Work therein set forth shall be installed and/or ready
for acceptance or beneficial use by CUSTOMER.
Form REV 11/06
ARTICLE 2
HONEYWELL'S RESPONSIBILITIES
2.1 HONEYWELL Services
2.1.1 HONEYWELL shall be respons*"
construction of the Project. (at
2.1.2 HONEYWELL will assist CUSTOMER in
securing permits necessary for the Work.
2.2 Responsibilities with Respect to the Work
2.2.1 HONEYWELL will provide construction
supervision, inspection, labor, materials, tools,
construction equipment and subcontracted items necessary
for the execution and completion of the Work.
2.2.2 HONEYWELL shall keep the premises in an
orderly fashion and free from unnecessary accumulation of
waste materials or rubbish caused by its operations. If
HONEYWELL damages property not needed for the
Work, HONEYWELL shall repair the property to its pre-
existing condition unless CUSTOMER directs otherwise.
At the completion of the Work, HONEYWELL shall
remove waste material supplied by HONEYWELL under
this Agreement as well as all its tools, construction
equipment, machinery and surplus material.
HONEYWELL shall dispose of all waste materials or
rubbish caused by its operations; provided, that unless
otherwise specifically agreed to in this Agreement,
HONEYWELL shall not be responsible for disposal of
toxic or hazardous materials removed from the facilities.
HONEYWELL shall be responsible for disposal of
fluorescent lights, potential polychlorinated biphenyl
containing light ballasts and mercury containing controls
to the extent their replacement is specified in Attachment
A.
2.2.3 HONEYWELL shall give all notices and comply
with all laws and ordinances legally enacted as of the date
of execution of the Agreement governing the execution of
the Work. Provided, however, that HONEYWELL shall
not be responsible nor liable for the violation of any code,
law or ordinance caused by CUSTOMER or existing in
CUSTOMER's property prior to the commencement of the
Work.
2.2.4 HONEYWELL shall comply with all applicable
federal, state and municipal laws and regulations that
regulate the health and safety of its workers while
providing the Work, and shall take such measures as
required by those laws and regulations to prevent injury
and accidents to other persons on, about or adjacent to the
site of the Work. It is understood and agreed, however,
that HONEYWELL shall have no responsibility for
elimination or abatement of health or safety hazards
created or otherwise resulting from activities at the site of
the Work carried on by persons not in a contractual
relationship with HONEYWELL, including CUSTOMER,
CUSTOMER's contractors or subcontractors,
CUSTOMER's tenants or CUSTOMER's visitors.
CUSTOMER agrees to cause its contractors,
subcontractors and tenants to comply fully with all
applicable federal, state and municipal laws and
regulations governing health and safety and to comply
with all reasonable requests and directions of
HONEYWELL for the elimination or abatement of any
such health or safety hazards at the site of the work.
2.3 Patent Indemnity
2.3.1 HONEYWELL shall, at its expense, defend or, at
its option, settle any suit that may be instituted against
CUSTOMER for alleged infringement of any United
States patents related to the hardware manufactured and
provided by HONEYWELL, provided that: 1. Such
alleged infringement consists only in the use of such
hardware by itself and not as part of, or in combination
with, any other devices, parts or software not provided by
HONEYWELL hereunder; 2. CUSTOMER gives
HONEYWELL immediate notice in writing of any such
suit and permits HONEYWELL, through counsel of its
choice, to answer the charge of infringement and defend
such suit; and 3. CUSTOMER gives HONEYWELL all
needed information, assistance and authority, at
HONEYWELL's expense, to enable HONEYWELL to
defend such suit.
2.3.2 If such a suit has occurred, or in HONEYWELLSs
opinion is likely to occur, HONEYWELL may, at its
election and expense: obtain for CUSTOMER the right to
continue using such equipment; or replace, correct or
modify it so that it is not infringing; or remove such
equipment and grant CUSTOMER a credit therefore, as
depreciated.
2.3.3 in the case of a final award of damages in any
such suit, HONEYWELL will pay such award.
HONEYWELL shall not, however, be responsible for any
settlement made without its written consent.
2.3.4 THIS ARTICLE STATES HONEYWELL'S
TOTAL LIABILITY AND CUSTOMER'S SOLE
REMEDY FOR ANY ACTUAL OR ALLEGED
INFRINGEMENT OF ANY PATENT BY THE
HARDWARE MANUFACTURED AND PROVIDED
BY HONEYWELL HEREUNDER. IN NO EVENT
SHALL HONEYWELL BE LIABLE FOR ANY
INDIRECT, SPECIAL OR CONSEQUENTIAL
DAMAGES RESULTING FROM ANY SUCH
ACTUAL OR ALLEGED INFRINGEMENT,
EXCEPT AS SET FORTH IN THIS SECTION 2.3.
2.4 Warranties and Completion
2.4.1 HONEYWELL warrants CUSTOMER good and
clear title to all equipment and materials furnished to
CUSTOMER pursuant to this Agreement (except licensed
software, which shall be governed exclusively by the terms
and conditions of the Software License Agreement,
attached hereto as Attachment B), free and clear of liens
and encumbrances. HONEYWELL hereby warrants that
all such equipment and materials shall be of good quality
and shall be free from defects in materials and
workmanship, including installation and setup, for a period
of one (1) year from the date of beneficial use or
substantial completion of the equipment or portion of the
Work in question, provided that no repairs, substitutions,
modifications, or additions have been made, except by
HONEYWELL or with HONEYWELL's written
permission, and provided that after delivery such
equipment or materials have not been subjected by non-
HONEYWELL personnel to accident, neglect, misuse, or
use in violation of any instructions supplied by
HONEYWELL. HONEYWELL's sole liability hereunder
shall be to repair promptly or replace defective equipment
or materials, at HONEYWELLSs option and at
HONEYWELLSs expense. The limited warranty contained
in this Section 2.4.1 shall constitute the exclusive remedy
of CUSTOMER and the exclusive liability of
HONEYWELL for any breach of any warranty related to
the equipment and materials furnished by HONEYWELL
pursuant to this Agreement.
2.4.2 In addition to the warranty set forth in Section
2.4.1 above, HONEYWELL shall, at CUSTOMER's
request, assign to CUSTOMER any and all manufacturer's
or installer's warranties for equipment or materials not
manufactured by HONEYWELL and provided as part of
the Work, to the extent that such third-party warranties are
assignable and extend beyond the one (1) year limited
warranty set forth in Section 2.4.1.
2.4.3 THE WARRANTIES SET FORTH HEREIN
ARE EXCLUSIVE, AND HONEYWELL
EXPRESSLY DISCLAIMS ALL OTHER
WARRANTIES, WHETHER WRITTEN OR ORAL,
IMPLIED OR STATUTORY, INCLUDING BUT NOT
LIMITED TO, ANY WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, WITH RESPECT TO
THE EQUIPMENT AND MATERIALS PROVIDED
HEREUNDER. HONEYWELL SHALL NOT BE
LIABLE FOR ANY SPECIAL, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES
ARISING FROM, OR RELATING TO, THIS
LIMITED WARRANTY OR ITS BREACH.
ARTICLE 3
CUSTOMER'S RESPONSIBILITIES
3.1 CUSTOMER shall provide HONEYWELL full
information regarding the requirements for the Work.
Form REV 11/06
3.2 CUSTOMER shall designate a representative
who shall be fully acquainted with the Work, and who has
authority to approve changes in the scope of the Work and
render decisions promptly.
3.3 CUSTOMER shall furnish to HONEYWELL all
information regarding legal limitations, utility locations
and other information reasonably pertinent to this
Agreement, the Work and the Project.
3.4 CUSTOMER shall secure and pay for all
necessary approvals, easements, assessments and charges
required for the construction, use or occupancy of
permanent structures or for permanent changes in existing
facilities, including charges for legal and auditing services.
3.5 If CUSTOMER becomes aware of any fault or
defect in the Work, it shall give prompt written notice
thereof to HONEYWELL.
3.6 The services and information required by the
above paragraphs shall be furnished with reasonable
promptness at CUSTOMER's expense and HONEYWELL
shall be entitled to rely upon the accuracy and the
completeness thereof.
3.7 Prior to the commencement of the Work and at
such future times as HONEYWELL shall reasonably deem
appropriate, CUSTOMER shall furnish evidence in a form
satisfactory to HONEYWELL that sufficient funds are
available and committed to pay for the Work. Unless such
evidence is furnished, HONEYWELL is not required to
commence or continue any Work. Further, if
CUSTOMER does not provide such evidence,
HONEYWELL may stop work upon fifteen (15) days
notice to CUSTOMER. The failure of HONEYWELL to
insist upon the providing of this evidence at any one time
shall not be a waiver of CUSTOMER's obligation to make
payments pursuant to this Agreement, nor shall it be a
waiver of HONEYWELL's right to request or insist that
such evidence be provided at a later date.
3.8 HAZARDOUS SUBSTANCES, MOLD AND
UNSAFE WORKING CONDITIONS
3.8.1 "Hazardous substance" includes all of the following,
whether naturally occurring or manufactured, in quantities,
conditions or concentrations that have, are alleged to have,
or are believed to have an adverse effect on human health,
habitability of a Site, or the environment: (a) any
dangerous, hazardous or toxic pollutant, contaminant,
chemical, material or substance defined as hazardous or
toxic or as a pollutant or contaminant under state or federal
law, and (b) any petroleum product, nuclear fuel or
material, carcinogen, asbestos, urea formaldehyde,
foamed-in-place insulation, polychlorinated biphenyl
(PCBs), and (c) any other chemical or biological material
or organism, that has, is alleged to have, or is believed to
have an adverse effect on human health, habitability of a
Site, or the environment.
3.8.2 "Mold" means any type or form of fungus or
biological material or agent, including mold, mildew,
moisture, yeast and mushrooms, and any mycotoxins,
spores, scents, or by-products produced or released by any
of the foregoing. This includes any related or any such
conditions caused by third parties.
3.8.3 "Covered Equipment" means the equipment
covered by the Services to be performed by
HONEYWELL under this Agreement, and is limited to the
equipment included in the respective work scope
attachments.
3.8.4 CUSTOMER has not observed or received notice
from any source (formal or informal) of (a) Hazardous
Substances or Mold, either airborne or on or within the
walls, floors, ceilings, heating, ventilation and air
conditioning systems, plumbing systems, structure, and
other components of the Site, or within furniture, fixtures,
equipment, containers or pipelines in a Site; or (b)
conditions that, to CUSTOMER'S knowledge, might
cause or promote accumulation, concentration, growth or
dispersion of Hazardous Substances or Mold on or within
such locations.
3.8.5 HONEYWELL is not responsible for determining
whether the Covered Equipment or the temperature,
humidity and ventilation settings used by CUSTOMER,
are appropriate for CUSTOMER and the Site except as
specifically provided in an attached Work Scope
Document.
3.8.6 If any such materials, situations or conditions,
whether disclosed or not, are in fact discovered by
HONEYWELL or others and provide an unsafe condition
for the performance of the work or Services, the discovery
of the condition shall constitute a cause beyond
HONEYWELL'S reasonable control and HONEYWELL
shall have the right to cease the work or Services until the
area has been made safe by CUSTOMER or
CUSTOMER'S representative, at CUSTOMER'S
expense. HONEYWELL shall have the right to terminate
this Agreement if CUSTOMER has not fully remediated
the unsafe condition within sixty (60) days of discovery.
3.8.7 CUSTOMER represents that CUSTOMER has
not retained HONEYWELL to discover, inspect,
investigate, identify, prevent or remediate Hazardous
Substances or Mold or conditions caused by Hazardous
Substances or Mold.
3.8.8 TO THE FULLEST EXTENT ALLOWED BY
LAW, CUSTOMER SHALL INDEMNIFY AND
HOLD HONEYWELL HARMLESS FROM AND
AGAINST ANY AND ALL CLAIMS AND COSTS OF
WHATEVER NATURE, INCLUDING BUT NOT
LIMITED TO, CONSULTANTS' AND
Form REV 11/06
ATTORNEYS' FEES, DAMAGES FOR BODILY
INJURY AND PROPERTY DAMAGE, FINES,
PENALTIES, CLEANUP COSTS AND COSTS
ASSOCIATED WITH DELAY OR WORK
STOPPAGE, THAT IN ANY WAY RESULTS FROM
OR ARISES UNDER THE BREACH OF THE
REPRESENTATIONS AND WARRANTIES IN THIS
SECTION THE EXISTENCE OF MOLD OR A
HAZARDOUS SUBSTANCE AT A SITE, OR THE
OCCURRENCE OR EXISTENCE OF THE
SITUATIONS OR CONDITIONS DESCRIBED IN
THIS SECTION, WHETHER OR NOT CUSTOMER
PROVIDES HONEYWELL ADVANCE NOTICE OF
THE EXISTENCE OR OCCURRENCE AND
REGARDLESS OF WHEN THE HAZARDOUS
SUBSTANCE OR OCCURRENCE IS DISCOVERED
OR OCCURS. THIS INDEMNIFICATION SHALL
SURVIVE TERMINATION OF THIS AGREEMENT
FOR WHATEVER REASON.
3.9 In addition to the price set forth in Article 6 of
this Agreement, CUSTOMER shall pay any present and
future taxes or any other governmental charges now or
hereafter imposed by existing or future laws with respect
to the sale, transfer, use, ownership or possession of the
Work or any Support Services provided hereunder,
excluding taxes on Honeywell's net income.
3.10 CUSTOMER shall execute a software license in
the form of the Software License Agreement attached
hereto as Attachment B. Failure of CUSTOMER to
execute such Software License Agreement shall excuse
HONEYWELL from any delivery requirements pursuant
to this Agreement and shall be considered a material
breach by CUSTOMER.
ARTICLE 4
SUBCONTRACTS
4.1 At its exclusive option, HONEYWELL may
subcontract some or all of the Work or Support Services.
4.2 A Subcontractor is a person or entity who has a
direct contract with HONEYWELL to perform any effort
in connection with the Work. The term Subcontractor
does NOT include any separate contractors employed by
CUSTOMER or such separate contractors' subcontractors.
4.3 For the purposes of this Agreement, no
contractual relationship shall exist between CUSTOMER
and any Subcontractor. HONEYWELL shall be
responsible for the management of its Subcontractors in
their performance of their Work.
ARTICLE 5
INSTALLATION AND ACCEPTANCE
5.1 The Work to be performed under this Agreement
shall be commenced and substantially completed as set
forth in the Installation Schedule attached hereto as
Attachment C.
5.2 If HONEYWELL is delayed at any time in the
progress of performing its obligations under this
Agreement by any act of CUSTOMER or any contractor
employed by CUSTOMER; or by changes ordered or
requested by CUSTOMER in the Work performed
pursuant to this Agreement; or by labor disputes, fire,
unusual delay in transportation, adverse weather
conditions or other events or occurrences which could not
be reasonably anticipated; or unavoidable casualties; or
any other problem beyond HONEYWELL's reasonable
control (an "Excusable Delay"), then the time for
performance of the obligations affected by such Excusable
Delay shall be extended by the period of any delay
actually incurred as a result thereof. If any delay, or
cumulative delays, within CUSTOMER's control, extends
beyond ten (10) days, CUSTOMER shall reimburse
HONEYWELL for all additional costs resulting therefrom.
5.3 HONEYWELL shall provide Delivery and
Acceptance Certificates in a form acceptable to
CUSTOMER and HONEYWELL (the "Delivery and
Acceptance Certificates") for the Work provided pursuant
to the Schedule identified in attachment J. Upon receipt of
each Delivery and Acceptance Certificate, CUSTOMER
shall promptly inspect the Work performed by
HONEYWELL identified therein and execute each such
Delivery and Acceptance Certificate as soon as reasonably
possible, but in no event later than ten (10) days after
delivery of the same by HONEYWELL, unless
CUSTOMER provides HONEYWELL with a written
statement identifying specific material performance
deficiencies that it wishes HONEYWELL to correct.
HONEYWELL will use reasonably diligent efforts to
correct all such material deficiencies and will give written
notice to CUSTOMER when all such items have been
corrected. The Parties intend that a final Delivery and
Acceptance Certificate will be executed for the Work as
soon as all Work is installed and operating. Execution and
delivery by CUSTOMER of such final Delivery and
Acceptance Certificate with respect to the Work shall
constitute "Final Acceptance" of such Work performed by
HONEYWELL pursuant to the Installation Schedule.
ARTICLE 6
PRICE AND PAYMENT
6.1 Price
6.1.1 The price for the Work is Two Million Four
Hundred Forty Five Thousand and 00/100 Dollars
($2,445,000), subject to the adjustments set forth in
Articles 5 and 7.
6.1.2 The total price for Support Services is set forth in
Attachment D hereto, subject to the adjustments described
therein.
Form REV 11/06
6.1.3 The price is based upon laws, codes and
regulations in existence as of the date this Agreement is
executed. Any changes in or to applicable laws, codes and
regulations affecting the cost of the Work shall be the
responsibility of CUSTOMER and shall entitle
HONEYWELL to an equitable adjustment in the price and
schedule.
6.1.4 The price will be modified for delays caused by
CUSTOMER and for Changes in the Work, all pursuant to
Article 7.
6.1.5 The license fees for all licensed software
identified in Attachment B are included in the price to be
paid by CUSTOMER as identified in this Article 6.
6.2 Payment
6.2.1 Upon execution of this Agreement, CUSTOMER
shall pay or cause to be paid to HONEYWELL the full
price for the Work in accordance with the Payment
Schedule, Attachment E. CUSTOMER shall make
payments for the Support Services in accordance with
Attachment D.
6.22 Payments for the Work past due more than five
(5) days shall accrue interest from the due date to the date
of payment at the rate of one and one half percent (1.5%)
per month, compounded monthly, or the highest legal rate
then allowed. CUSTOMER shall pay all attorney and/or
collection fees incurred by HONEYWELL in collecting
any past due amounts.
ARTICLE 7
CHANGES IN THE PROJECT
7.1 A Change Order is a written order signed by
CUSTOMER and HONEYWELL authorizing a change in
the Work or adjustment in the price, or a change to the
Installation Schedule described in Attachment C.
7.2 CUSTOMER may request HONEYWELL to
submit proposals for changes in the Work. Unless
otherwise specifically agreed to in writing by both parties,
if HONEYWELL submits a proposal pursuant to such
request but CUSTOMER chooses not to proceed,
CUSTOMER shall issue a Change Order to reimburse
HONEYWELL for any and all costs incurred in preparing
the proposal.
7.3 Claims for Concealed or Unknown Conditions
If conditions are encountered at the site that are (1)
subsurface or otherwise concealed physical conditions
which differ materially from those indicated in the
Contract Documents, or (2) unknown physical conditions
of an unusual nature, which differ materially from those
ordinarily found to exist and generally recognized as
inherent in construction activities of the character provided
for in the Contract Documents, then notice by the
observing party shall be given to the other party promptly
before conditions are disturbed and in no event later than
twenty-one (21) days after first observance of the
conditions, and, if appropriate, an equitable adjustment to
the Contract Price and Installation Schedule shall be made
by a Change Order. If agreement cannot be reached by the
Parties, the party seeking an adjustment in the Price or
Installation Schedule may assert a claim in accordance
with Paragraph 7.4.
7.4 If HONEYWELL wishes to make a claim for an
increase in the Price or an extension in the Installation
Schedule it shall give CUSTOMER written notice thereof
within a reasonable time after the occurrence of the event
giving rise to such claim. This notice shall be given by
HONEYWELL before proceeding to execute the Work,
except in an emergency endangering life or property, in
which case HONEYWELL shall have the authority to act,
in its discretion, to prevent threatened damage, injury or
loss. Claims arising from delay shall be made within a
reasonable time after the delay. Increases based upon
design and estimating costs with respect to possible
changes requested by CUSTOMER shall be made within a
reasonable time after the decision is made not to proceed
with the change. No such claim shall be valid unless so
made. If CUSTOMER and HONEYWELL cannot agree
on the amount of the adjustment in the Price, or the
Installation Schedule, it shall be determined pursuant to
the provisions of Article 12. Any change in the Price or
the Installation Schedule resulting from such claim shall
be authorized by Change Order.
7.5 Emereencies
In any emergency affecting the safety of persons or
property, HONEYWELL shall act, at its discretion, to
prevent threatened damage, injury or loss. Any increase in
the Price or extension of time claimed by HONEYWELL
on account of emergency work shall be determined as
provided in Section 7.4.
ARTICLE 8
INSURANCE, INDEMNITY, WAIVER OF
SUBROGATION, AND LIMITATION OF
LIABILITY
8.1 Indemnity
8.1.1 HONEYWELL agrees to indemnify and hold
CUSTOMER, and CUSTOMER's consultants, agents and
employees harmless from all claims for bodily injury and
property damages [other than the Work itself and other
property insured under Paragraph 8.4] to the extent such
claims result from or arise under HONEYWELL's
negligent actions or willful misconduct in its performance
of the Work or the Support Services. PROVIDED
THAT, NOTHING IN THIS ARTICLE SHALL BE
CONSTRUED OR UNDERSTOOD TO ALTER THE
LIMITATIONS OF LIABILITY CONTAINED IN
Form REV 11/06
THIS ARTICLE, ARTICLE 2, OR THE
INDEMNIFICATION CONTAINED IN SECTION
3.8.
8.1.2 CUSTOMER shall indemnify and hold harmless
HONEYWELL and HONEYWELL's consultants, agents
and employees from and against all claims, damages,
losses and expenses, including but not limited to attorneys'
fees, arising out of, or resulting from, any act or omission
of CUSTOMER or CUSTOMER's contractors,
consultants, agents or employees.
8.1.3 CUSTOMER shall require any other contractor
who may have a contract on this project with CUSTOMER
to perform work in the areas where Work will be
performed under this Agreement to agree to indemnify
CUSTOMER and HONEYWELL and hold them harmless
from all claims for bodily injury and property damage
[other than property insured under Paragraph 8.41 that may
arise from that contractor's operations. Such provisions
shall be in a form satisfactory to HONEYWELL.
8.2 Contractor's Liability Insurance
HONEYWELL shall, at its own expense, carry and
maintain in force at all times from the effective date of the
Contract through final completion of the work the
following insurance. Honeywell will not issue coverage
on a per project basis. It is agreed, however, that
HONEYWELL has the right to insure or self-insure any
of the insurance coverages listed below:
(a) Commercial General Liability Insurance to
include contractual liability, products/completed
operations liability with a combined single limit of USD
$5,000,000 per occurrence. Such policy will be written on
an occurrence form basis;
(b) If automobiles are used in the execution of the
Contract, Automobile Liability Insurance with a minimum
combined single limit of USD $5,000,000 per occurrence.
Coverage will include all owned, leased, non-owned and
hired vehicles.
(c) Where applicable, "All Risk" Property Insurance,
including Builder's Risk insurance, for physical damage to
property which is assumed in the Contract.
(d) Workers' Compensation Insurance Coverage A -
Statutory limits and Coverage B-Employer's Liability
Insurance with limits of USD $1,000,000 for bodily injury
each accident or disease.
8.2.1 Prior to the commencement of the Contract,
HONEYWELL will furnish evidence of said insurance
coverage in the form of a Memorandum of Insurance
which is accessible at: http://places.honeywell.com/moi.
All insurance required in this Article will be written by
companies with a rating of no less than "A-, XII" by A.M.
Best or equivalent rating agency. HONEYWELL will
endeavor to provide a thirty (30) day notice of cancellation
or non-renewal to the Customer. In the event that a self-
insured program is implemented, HONEYWELL will
provide adequate proof of financial responsibility.
8.3. CUSTOMER's Liability Insurance
8.3.1 CUSTOMER shall be responsible for purchasing
and maintaining its own liability insurance and, at its
option, may purchase and maintain such insurance as will
protect it against claims that may arise from operations
under this Agreement.
8.4 Insurance to Protect Project
8.4.1 CUSTOMER shall purchase and maintain all risk
full cost replacement property insurance in a form
acceptable to HONEYWELL for the length of time to
complete the Project. This insurance shall include as
named additional insureds HONEYWELL and
HONEYWELL's Subcontractors and Sub-subcontractors
and shall include, at a minimum, coverage for fire,
windstorm, flood, earthquake, theft, vandalism, malicious
mischief, transit, collapse, testing, and damage resulting
from defective design, workmanship, or material.
CUSTOMER will increase limits of coverage, if
necessary, to reflect estimated replacement costs.
CUSTOMER will be responsible for any co-insurance
penalties or deductibles. If the Work covers an addition to
or is adjacent to an existing building, HONEYWELL and
its Subcontractors and Sub-subcontractors shall be named
additional insureds under CUSTOMER's Property
Insurance covering such building and its contents.
8.4.1.1 If CUSTOMER finds it necessary to occupy or
use a portion or portions of the Facilities prior to
Substantial Completion thereof, such occupancy shall not
commence prior to a time mutually agreed to by
CUSTOMER and HONEYWELL and to which the
insurance company or companies providing the property
insurance have consented by endorsement to the policy or
policies. This insurance shall not be canceled or lapsed on
account of such partial occupancy. Consent of
HONEYWELL and of the insurance company or
companies to such occupancy or use shall not be
unreasonably withheld.
8.4.2 CUSTOMER shall purchase and maintain such
insurance as will protect CUSTOMER and HONEYWELL
against loss of use of CUSTOMER's property due to those
perils insured pursuant to Subparagraph 8.4.1. Such
policy will provide coverage for expenses of expediting
materials, continuing overhead of CUSTOMER and
HONEYWELL, necessary labor expense including
overtime, loss of income by CUSTOMER and other
determined exposures. Exposures of CUSTOMER and
HONEYWELL shall be determined by mutual agreement
and separate limits of coverage fixed for each item.
8.4.3 CUSTOMER shall provide evidence of Insurance
to HONEYWELL before work on the Project begins. All
insurance coverage(s) must be with a carrier rated A- or
better by one of the National Insurance Rating Agencies
such as A.M. Best. HONEYWELL will be given thirty
Form REV 11/06
(30) days notice of cancellation, non-renewal, or any
endorsements restricting or reducing coverage.
8.5 Property Insurance Loss Adjustment
8.5.1 Any insured loss shall be adjusted with
CUSTOMER and HONEYWELL and made payable to
CUSTOMER and HONEYWELL as trustees for the
insureds, as their interests may appear, subject to any
applicable mortgagee clause.
8.5.2 Upon the occurrence of an insured loss, monies
received will be deposited in a separate account and the
trustees shall make distribution in accordance with the
agreement of the parties in interest, or in the absence of
such agreement, in accordance with an arbitration award
pursuant to Article 12. If the trustees are unable to agree
between themselves on the settlement of the loss, such
dispute shall also be submitted to arbitration pursuant to
Article 12.
8.6 Limitation of Liability
8.6.1 IN NO EVENT SHALL HONEYWELL BE
LIABLE FOR ANY SPECIAL, INCIDENTAL,
INDIRECT, SPECULATIVE, REMOTE,
CONSEQUENTIAL, PUNITIVE OR EXEMPLARY
DAMAGES, WHETHER ARISING OUT OF OR AS
A RESULT OF BREACH OF CONTRACT,
WARRANTY, TORT (INCLUDING NEGLIGENCE),
STRICT LIABILITY, MOLD, MOISTURE OR
INDOOR AIR QUALITY, OR OTHERWISE,
ARISING FROM, RELATING TO, OR
CONNECTED WITH THE SERVICES,
EQUIPMENT, MATERIALS, OR ANY GOODS
PROVIDED HEREUNDER.
ARTICLE 9
TERMINATION OF THE AGREEMENT
9.1 If HONEYWELL defaults in, or fails or neglects
to carry forward the Work in accordance with this
Agreement, CUSTOMER may provide notice in writing of
its intention to terminate this Agreement to
HONEYWELL. If HONEYWELL, following receipt of
such written notice, neglects to cure or correct the
identified deficiencies within thirty (30) business days,
CUSTOMER may provide a second written notice. If
HONEYWELL has not, within thirty (30) business days
after receipt of such notice, acted to remedy and make
good such deficiencies, CUSTOMER may terminate this
Agreement and take possession of the site together with all
materials thereon, and move to complete the Work itself
expediently. If the unpaid balance of the contract sum
exceeds the expense of finishing the Work, the excess
shall be paid to HONEYWELL, but if the expense exceeds
the unpaid balance, HONEYWELL shall pay the
difference to CUSTOMER.
9.2 If CUSTOMER fails to make payments as they
become due, or otherwise defaults or breaches its
obligations under this Agreement, HONEYWELL may
give written notice to CUSTOMER of HONEYWELL's
intention to terminate this Agreement. If, within seven (7)
days following receipt of such notice, CUSTOMER fails
to make the payments then due, or otherwise fails to cure
or perform its obligations, HONEYWELL may, by written
notice to CUSTOMER, terminate this Agreement and
recover from CUSTOMER payment for Work executed
and for losses sustained for materials, tools, construction
equipment and machinery, including but not limited to,
reasonable profit and applicable damages.
ARTICLE 10
ASSIGNMENT AND GOVERNING LAW
10.1 This Agreement shall be governed by the law of
the State where the Work is performed.
10.2 Neither party to the Agreement shall assign this
Agreement or sublet it as a whole without the
written consent of the other party. Such consent
shall not be reasonably withheld, except that
HONEYWELL may assign to another party the
right to receive payments due under this
Agreement. HONEYWELL may enter into
subcontracts for the Work without obtaining
CUSTOMER's consent.
ARTICLE 11
MISCELLANEOUS PROVISIONS
11.1 The Table of Contents and headings in this
Agreement are for information and convenience only and
do not modify the obligations of this Agreement.
11.2 Confidentiality. As used herein, the term
"CONFIDENTIAL INFORMATION" shall mean any
information in readable form or in machine-readable form,
including software supplied to CUSTOMER by
HONEYWELL, that has been identified or labeled as
"Confidential" and/or "Proprietary" or with words of
similar import. CONFIDENTIAL INFORMATION shall
also mean any information that is disclosed orally and is
designated as "Confidential" and/or "Proprietary" or with
words of similar import at the time of disclosure and is
reduced to writing, marked as "Confidential" and/or
"Proprietary" or with words of similar import, and
supplied to the receiving party within ten (10) days of
disclosure.
All rights in and to CONFIDENTIAL INFORMATION
and to any proprietary and/or novel features contained in
CONFIDENTIAL INFORMATION disclosed are reserved
by the disclosing party; and the party receiving such
disclosure will not use the CONFIDENTIAL
INFORMATION for any purpose except in the
performance of this Agreement and will not disclose any
of the CONFIDENTIAL INFORMATION to benefit itself
Form REV 11/06
or to damage the disclosing party. This prohibition
includes any business information (strategic plans, etc.)
that may become known to either party.
Each party shall, upon request of the other party or upon
completion or earlier termination of this Agreement, return
the other party's CONFIDENTIAL INFORMATION and
all copies thereof.
Notwithstanding the foregoing provisions, neither party
shall be liable for any disclosure or use of information
disclosed or communicated by the other party if the
information:
(a) is publicly available at the time of disclosure or
later becomes publicly available other than
through breach of this Agreement; or
(b) is known to the receiving party at the time of
disclosure; or
(c) is subsequently rightfully obtained from a third
party on an unrestricted basis; or
(d) is approved for release in writing by an
authorized representative of the disclosing party.
The obligation of this Article shall survive any expiration,
cancellation or termination of this Agreement.
11.3 If any provision is held illegal, invalid or
unenforceable, the remaining provisions of this Agreement
shall be construed and interpreted to achieve the purposes
of the Parties.
11.4 Risk of loss for all equipment and materials
provided by HONEYWELL hereunder shall transfer to
CUSTOMER upon delivery to CUSTOMER's Facilities
from HONEYWELL or its Subcontractor and title shall
pass upon final acceptance or final payment by
CUSTOMER to HONEYWELL, whichever occurs later.
11.5 Final notice or other communications required or
permitted hereunder shall be sufficiently given if
personally delivered to the person specified below, or if
sent by registered or certified mail, return receipt
requested, postage prepaid, addressed as follows:
To HONEYWELL:
HONEYWELL INTERNATIONAL INC.
Vince Rydzewski
V.P., & General Manager, South & Latin America Region
3079 Premiere Parkway, Suite 100
Duluth, GA 30097
To CUSTOMER:
Rick Carnley
Assistant Director, General Services
City of Clearwater
1900 Grand Ave
Clearwater, FL 33765
11.6 Waiver. HONEYWELL's failure to insist upon
the performance or fulfillment of any of CUSTOMER's
obligations under this Agreement shall not be deemed or
construed as a waiver or relinquishment of the future
performance of any such right or obligation hereunder.
11.7 If any provision of this Agreement or the
application thereof to any circumstances shall be held to be
invalid or unenforceable, then the remaining provisions of
this Agreement or the application thereof to other
circumstances shall not be affected hereby and shall be
valid and enforceable to the fullest extent permitted by
law.
Form REV 11/06
ARTICLE 12
ARBITRATION
12.1 With the exception of any controversy or claim
arising out of or related to the installation, monitoring,
and/or maintenance of fire and/or security systems, the
Parties agree that any controversy or claim between
HONEYWELL and CUSTOMER arising out of or relating
to this Agreement, or the breach thereof, shall be settled by
arbitration in a neutral venue, conducted in accordance
with the Construction Industry Arbitration Rules of the
American Arbitration Association.
Any award rendered by the arbitrator shall be final, and
judgment may be entered upon it in accordance with
applicable law in any court having jurisdiction thereof.
Any controversy or claim arising out of or related to the
installation, monitoring, and/or maintenance of systems
associated with security and/or the detection of, and/or
reduction of risk of loss associated with fire shall be
resolved in a court of competent jurisdiction.
APPROVALS:
The parties hereby execute this Agreement as of the date first set forth herein by the signatures of their duly authorized
representatives:
HONEYWELL INTERNATIONAL INC.
By QQ'
Name [ENA??NR•9 r ?S
Title
Ae"0,0 i 67X4:,7Cv7-7 A6
Date /20U
AX l: THE
CITY OF CLEARWATER
By
ea&4-60-
Name Wi11iam $, Hnrna TT
Title City Manager ?/
Date / ?VTV • t 7 . aotr?
kt'? s t :
is E. Goudeau
Manager
Countersigned:
Form REV 11/06
Assistant City Attorney
ATTACHMENT A
SCOPE OF WORK
1. RTU Replacement
I.I. Demolition
1.1.1. Honeywell will remove eight (8) existing Roof Top Units as shown in the table below. Demolition
to include licensed removal and disposal of refrigerant, electrical service disconnect and disposal of
existing units.
UNIT MODEL SERIAL
#1 Single stage YCD048A4LOAA D33144370D
4 TONS
#2 2-stages BYC170G4L000 D33143641D
15 TONS
#3 2-stages BYC20OG4LOCC D31143510D
17.5 TONS
#4 2-stages BYC20OG4LOCC D32143371D
17.5 TONS
#5 2-stages BYC20OG4LOCC D32143369D
17.5 TONS
#7 2-stages BYC20OG4LOCC D31143508D
17.5 TONS
#9 2-stages BYC20OG4LOCC D3114351.3D
17.5 TONS
#10 2-stages YCD06OA4LOAA D31144548D
5 TONS
1.2. Honeywell will install eight (8) new high efficiency packaged roof top units. The units will each have
the same capacity as the units they are replacing. The units will each be rated with a minimum EER
rating of 10.8. New Honeywell programmable thermostats will be installed to control each newly
installed roof top unit.
1.2.1. Inclusions
1.2.1.1. All engineering and documentation as required to obtain permits
1.2.1.2. Reconnect existing ducting
1.2.1.3. 1 year labor and material warranty on new units after acceptance
1.2.1.4. Year 2 through 5 warranty on compressors (Parts only), to be provided by the equipment
manufacturer
1.2.1.5. Heresite coating on the condenser coils to prevent corrosion
1.2.1.6. Signed and sealed windload and anchoring details to comply with new Florida Building codes
1.2.1.7. Disconnect/reconnect gas piping
1.2.2 Exclusions
1.2.2.1 Any roofing as curb adapters are being used
1.2.2.2 Fire protection
2. Natatorium Dehumidification
2.1. Honeywell will remove two (2) existing Make up Air Units, five (5) exhaust fans, and the associated
ducting in the natatorium. Demolition to include cutting and capping of natural gas lines currently
serving the units, electrical service disconnect, weatherproofing roof openings where existing units
Attachment A (Rev. 05/08) - City of Clearwater Page 1 of 4
removed, and disposal of existing units. All units to be disposed of per applicable codes and fees are
included.
2.2. Honeywell will install one (1) new high efficiency packaged roof top unit to serve the upper level
viewing area of the natatorium and one (1) new Dehumidification Unit serving the main pool areas of
the natatorium. The dehumidification unit serving the pool area shall be installed at the ground level
with ducting being routed upward. A cement housekeeping pad will be installed for the unit. The
ducting shall be painted to closely match the color of the building. A chain linked fence with vinyl
privacy slats will be installed around the unit. The unit has self contained controls. A fabric duct
system shall be used for the supply air from the dehumidification unit to the natatorium. The owner
will be able to choose from an available selection of colors for the fabric duct and Vinyl Fence Slats.
2.2.1. Inclusions
2.2.1.1. All engineering and documentation including signed and sealed plans
2.2.1.2. New ducting as necessary
2.2.1.3. 1 year labor and material warranty on new units after acceptance
2.2.1.4. Year 2 through 5 warranty on compressors (Parts only) to be provided by the equipment
manufacturer
2.2.1.5. Structural steel supports as required for the Natatorium RTU
2.2.2 Exclusions
2.2.2.1 Main electrical feeds coming into the building
2.2.2.2 Upgrade of the main electrical distribution panel
3. Lighting Retrofit
General - The specific lighting Retrofit included in this project is set forth "Lighting Fixture Location
Summary" attached hereto and incorporated herein as Exhibit G-8.
Included Area List
# Area Name
1 Carlisle Courts & Gymnasium
2 Roz and Dan Doyle Center for Aquatics
The following areas were evaluated but not included in the scope of work.
Excluded Area List
# Area Name
1 UPARC
2 Locker Rooms
3 Work Out Room
4 Entrance and Hallways
3.1. Carlisle Courts and Gymnasium
Honeywell shall replace the existing Metal Halide fixtures with fluorescent fixtures utilizing new next
generation T8 lamps and electronic ballasts as identified in Exhibit G-8 Lighting Line by Lines. Since the
fixtures are being installed in a gymnasium, a wire guard mesh shall be installed to protect the lamps. The
new lighting system will meet or exceed existing light levels.
3.2. Roz and Dan Doyle Center for Aquatics
Honeywell shall replace the existing Metal Halide fixtures with new lower wattage Metal Halide fixtures
as identified in Exhibit G-8 Lighting Line by Lines. The fixture design will allow the lighting system to
meet or exceed existing light levels at the pool level.
3.3. Disposal
Honeywell shall be responsible for proper disposal of all lamps, ballasts and materials according to all
applicable federal, state and local codes and regulations. For components and/or materials that are
deemed hazardous, Honeywell shall provide proper, official, and original copies of compliance and/or
Attachment A - City of Clearwater Page 2 of4
proper disposal documentation from an authorized disposal facility.
3.4 Inclusions:
Honeywell will provide a one year labor warranty on workmanship after acceptance. On materials,
a spare stock will be provided to the owner with a 5 year warranty on the ballasts, and a 2 year
warranty on the bulbs. The owner will be reimbursed $10 per ballast replacement during the
warranty period. All material warranties to be provided by the lamp and ballast manufacturers.
3.5 Exclusions:
The repair or replacement of any failed wall switches, missing door frames and channel covers is not
included in the Work.
The repair or replacement of any existing emergency fixture that has failed is not included in the Work.
The repair or replacement of any part of the existing buildings' electrical system which is in disrepair,
failing or non-code compliant is not included in the Work.
4. Domestic Hot Water Heat Recovery
4.1. Honeywell will install two (2) new desuperheaters on two (2) of the newly installed packaged roof top
units for heat reclamation for domestic hot water loads.
PART 2-GENERAL
A. GENERAL CONDITIONS
1. Honeywell is not responsible for bringing existing lighting/electrical systems up to code.
2. The lighting manufacturer will provide a 5-year material warranty on ballasts as well as a 2-year warranty on
lamps. During the warranty period, the City staff shall replace all defective lamps and ballast's under warranty,
and will receive a $10/ballast reimbursement for each ballast replaced to be coordinated through the ballast
manufacturer. The lighting subcontractor will help to coordinate this. The ongoing warranty will be managed by
the City of Clearwater direct with the ballast manufacturer. A supply of replacement lamps and ballasts, or a
minimum of two for each type, shall be maintained throughout the manufacturer's warranty period. The City
shall receive new lamps and ballasts for every defective component returned, on a one for one basis, throughout
the warranty period. During the warranty period, all material exchanges will be processed by the Customer
directly through the manufacturer.
3. If Honeywell encounters any materials or substances classified as toxic or hazardous in performance of the
Work associated with the mechanical systems, including asbestos, Honeywell will notify Customer and will
stop work in that area until such area has been made safe by the Customer, or Customer's Representative, at
Customer's expense. In the event such conditions cause a delay in Honeywell's performance, Honeywell shall
be entitled to recovery of all costs associated with such delay, as well as an extension of time of performance.
4. Where demolition of certain areas of a building are required for removal and installation of equipment and that
demolition is included in the scope of work defined herein, Honeywell will make every effort to replace such
areas with similar materials as available. If such materials are not available, materials of similar quality will be
supplied and installed.
5. Electrical: Should a problem with the existing wiring system occur, Honeywell will be limited to electrical
wiring modifications (repairs) to three feet (36 inches) of the device or the nearest wall or ceiling penetrating,
whichever is smaller.
Attachment A - City of Clearwater Page 3 of 4
6. Piping: Should a problem with the existing piping system occur, Honeywell will be limited to piping
modifications (repairs) to two feet (24 inches) of the device installed or the nearest wall or ceiling penetration,
whichever is smaller. Piping includes but is not limited to domestic hot and cold water, cooling cold water,
heating hot water, condensate, fuel oil, and cooling tower condensing water.
7. Clean-up: (e.g., vacuuming and coil cleaning) and filter change of air handling devices is the responsibility of
the Customer, or as included in Attachment D,
8. Efficiency Values: Honeywell will install equipment and lighting components (hereto referred as "equipment")
under the scope described herein with specific energy and water efficiency values. The customer is required to
replace any failed "equipment" no longer warranted by Honeywell or a Honeywell subcontractor, with
"equipment" of equal or greater efficiency for the full contract guarantee term.
10. Limitation of Liability - Security Systems, Fire Alarm Systems and/or Components - Honeywell's total liability
for damages of any kind or nature arising out of or relating to any aspect or component of the security or fire
alarm systems and/or components provided under this Agreement is limited to $100,000.
11. The following areas are specifically excluded from this proposal. Correction of problems in these areas, if
required by Federal, State or local law or ordinance, will be considered additional work and will be chargeable
(with approval) to the Owner.
a. Any work not specifically stated and outlined in this scope of work.
b. Painting and patching of areas beyond those areas directly related to work.
c. Existing non-code conditions (examples: existing electrical wiring which requires correction or approval by
appropriate inspectors, existing penetrations in need of fire stopping, etc).
B. RELATED WORK SPECIFIED ELSEWHERE
Provision of equipment, material, and labor to provide functional measurement and verification systems
coordinated under Attachment G - Schedule of Savings.
Attachment A - City of Clearwater Page 4 of 4
ATTACHMENT B
SOFTWARE LICENSE AGREEMENT
Not Applicable
Attachment B (Software License Agreement) Page I of I.
ATTACHMENT C
INSTALLATION SCHEDULE
The Installation Schedule showing the achievement of all major project milestones, tasks and associated
responsibilities included in the Scope of Work.
16 Task Nave Di ratbn Stmt Finish 4t Quarter 1st Quader
1 Award Contract 1 day Wed 10/29108Wed 10/29/08
.
,
?
2 Mon 1126109
Li qhtinq Retrofit 63 Jaya ; Thu 10130108 ??.
3 HVAC Retrofit 120 days'; Thu 10130/08 Wed 4/1510
4 Final Sign off and Checkout 9 days Thu 4116109 Tue 4/28/09
The above Installation Schedule is based upon the contract being signed and the financing being secured by October
29, 2008. Should either event be delayed beyond October 29, 2008, the dates set forth in the schedule above shall
be adjusted accordingly.
Attachment C (Form Rev. 02/05) Page 1 of 1 (Revised 6-I1-08)
ATTACHMENT D
SUPPORT SERVICES AGREEMENT
#Oa will I? rl olclti ras
SERVICE AGREEMENT
Project Name: City of Clearwater
Proposal Number: PerfContM&V
Date: 6/16/08
Agreement Number: 991-
(PROVIDER)
Honeywell Building Solutions
3657 Maguire Blvd., Suite 100
Orlando, FL 32803
Service Location Name:
Service Location Address
(CUSTOMER)
City of Clearwater
112 South Osceola Ave.
Clearwater, FL 33756
City of Clearwater
1501 N. Belcher Rd, Clearwater, FL
Scope of Work: HONEYWELL HBS shall provide the following equipment and services ("the Work') in accordance with the attached work
scope documents and terms and conditions, which form a part of this Agreement.
?Preferred Temperature Control Services
[]Flex Temperature Control Services
?Preferred Automation Maintenance Services
[]Flex Automation Services
?Preferred Fire Alarm Maintenance Services
[]Fire Alarm Test and Inspect Services
?Preferred Security System Inspect Services
[]Flex Security System Services
®Preferred Mechanical Maintenance Services
[]Flex Mechanical Maintenance Services
?ServiceNetlm Remote Monitoring and Control Services
?EBI Services
[]Online Services
[]Advanced Support
[]Site Services
[]Honeywell Energy Analysis Reporting
®Air Filter Services
[]Water Treatment Services
[]Critical Parts Stocking
?Thermography Services
[]Emergency Generator Services
?In Suite Services
[]Remote Monitoring/Radionics
[]Indoor Air Quality Auditing Services
®Maintenance Service Special Provisions
® Energy Guarantee Special Provisions
® Energy Auditing and Analysis Services
FlHonevwell Users Group
Contract Term: Twenty (20) years from the Effective Date
Customer(4 Honeywell
(INITIALS)
Contract Effective Date: Upon Construction Completion- Enter Date:
Price for Year 1: Thirty Five Thousand Four Hundred Eighty Nine and 00/100 dollars, ($ 35,489.00),
Price for Year 2: Forty Two Thousand Four Hundred Nine & 00/100 dollars ($42,409.00)
Payment Terms: Quarterly
? Sales Tax will be invoiced separately ® Use Tax is included in the Price ? This sale is tax exempt
Renewal: The Contract Term will automatically be renewed for consecutive terms of one year unless terminated by either party
by the delivery of written notice to the other at least sixty (60) days prior to the end of such term, or unless terminated as
provided herein.
This proposal is valid until November 10, 2008.
Acceptance: This proposal and the pages attached shall become an Agreement in accordance with Article 13 below and only
upon signature below by an authorized representative of HONEYWELL and CUSTOMER.
Accepted by:
HONEYWELL BUILDING SOLUTIONS
Signature:
Name: ZW61L)R?eN ES
Title: &} coo rr Exeey n ?f
Date: / 1 f 6 A,oo f,
CUSTOMER: (City o learwater)
Signature: X
Name: X William B. Horne II
Title: X City Manager
Date: X
Proposal Number PerfContM&V
Honeywell Service Agreement (Form Rev. 02/07-1) Page 1 of 11 (Revised 10/20/08)
General Terms and Conditions
1. WORKING HOURS
Unless otherwise stated, all labor and services under this Agreement will be performed during the hours of 8:00 am. - 4:30 p.m. local time Monday through Friday, excluding federal holidays. If for any reason Customer
requests Honeywell to fumish any labor or services outside of the hours of 8:00 a.m. - 4:30 p.m. local time Monday through Friday (or on federal holidays), any overtime or additional expenses, such as repairs or material
costs not included in this Agreement, will be billed to and paid by Customer.
2. TAXES
Customer agrees to pay the amount of any new or increased taxes or governmental charges upon labor or the production, shipment, sale, installation, or use of equipment or software which become effective after the date of
this Agreement. If Customer claims any such taxes do not apply to transactions covered by this Agreement, Customer shall provide Honeywell with a tax exemption certificate acceptable to the applicable taxing authorities.
3. PROPRIETARY INFORMATION
3.1 All proprietary information (as defined herein) obtained by Customer from Honeywell in connection with this Agreement will remain the property of Honeywell, and Customer will not divulge such information to any
third party without prior written consent of Honeywell. The term "proprietary information" means written information (or oral information reduced to writing), or information in machine-readable form, including but not
limited to software supplied to Customer which Honeywell deems proprietary or confidential and characterizes as proprietary at the time of disclosure to Customer by marking or labeling the same "Proprietary,
"Confidential", or "Sensitive". The Customer shall incur no obligations hereunder with respect to proprietary information which: (a) was in the Customer's possession or was known to the Customer prior to its receipt from
Honeywell; (b) is independently developed by the Customer without the utilization of such confidential information of Honeywell, (c) is or becomes public knowledge through no fault of the Customer; (d) is or becomes
available to the Customer from a source other than Honeywell; (e) is or becomes available on an unrestricted basis to a third parry from Honeywell or from someone acting under its control; (f) is received by Customer after
notification to Honeywell that the Customer will not accept any further information.
3.2 Customer agrees that Honeywell may use nonproprietary information pertaining to the Agreement, and the work performed under the Agreement, for press releases, case studies, data analysis, promotional purposes, and
other similar documents or statements to be publicly released, as long as Honeywell submits any such document or statement to Customer for its approval, which will not be unreasonably withheld.
4. INSURANCE OBLIGATIONS
Honeywell shall, at its own expense, carry and maintain in force at all times from the effective date of the Contract through final completion of the work the following insurance. It is agreed, however, that Honeywell has
the right to insure or self-insure any of the insurance coverages listed below:
(a) Commercial General Liability Insurance to include contractual liability, products/completed operations liability with a combined single limit of USD 85,000,000 per occurrence. Such policy will be written on an
occurrence form basis;
(b) If automobiles are used in the execution of the Contract, Automobile Liability Insurance with a minimum combined single limit of USD 85,000,000 per occurrence. Coverage will include all owned, leased, non-owned
and hired vehicles.
(c) Where applicable, "All Risk" Property Insurance, including Builder's Risk insurance, for physical damage to property which is assumed in the Contract.
(d) Workers' Compensation Insurance Coverage A - Statutory limits and Coverage B-Employer's Liability Insurance with limits of USD 81,000,000 for bodily injury each accident or disease.
Prior to the commencement of the Contract, Honeywell wil I furnish evidence of said insurance coverage in the form of a Memorandum of Insurance which is accessible at: h1tn:,%nlaces.bonevwell.com/moi. All insurance
required in this Article will be written by companies with a rating of no less than "A-, XII- by A. M, Best or equivalent rating agency. Honeywell will endeavor to provide a thirty (30) day notice of cancellation or non-
renewal to the Customer. In the event that a self-insured program is implemented, Honeywell will provide adequate proof of financial responsibility.
5 HAZARDOUS SUBSTANCES MOLD AND UNSAFE WORKING CONDITIONS
5.1 Customer has not observed or received nonce from any source (formal or informal) of (a) Hazardous Substances or Mold, either airbome or on or within the walls, floors, ceilings, heating, ventilation and air
conditioning systems, plumbing systems, structure, and other components of the Site, or within furniture, fixtures, equipment, containers or pipelines in a Site; or (b) conditions that, to Customer's, knowledge, might cause or
promote accumulation, concentration, growth or dispersion of Hazardous Substances or Mold on or within such locations.
5.2 Honeywell is not responsible for determining whether the Covered Equipment or the temperature, humidity and ventilation settings used by Customer, are appropriate for Customer and the Site except as
specifically provided in an attached Work Scope Document.
5.3 If any such materials, situations or conditions, whether disclosed or not, are in fact discovered by Honeywell or others and provide an unsafe condition for the performance of the work or Services, the discovery of the
condition shall constitute a cause beyond Honeywell's reasonable control and Honeywell shall have the right to cease the work or Services until the area has been made safe by Customer or Customer's representative, at
.
Customer's expense. Honeywell shall have the right to terminate this Agreement if Customer has not fully remediated the unsafe condition within sixty (60) days of discovery
5.4 Customer represents that Customer has not retained Honeywell to discover, inspect, investigate, identify, prevent or remediate Hazardous Substances or Mold or conditions caused by Hazardous Substances or
Mold.
5.5 TO THE FULLEST EXTENT ALLOWED BYLAW, CUSTOMER SHALL INDEMNIFY AND HOLD HONEYWELL HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS AND COSTS OF
WHATEVER NATURE, INCLUDING BUT NOT LIMITED TO, CONSULTANTS' AND ATTORNEYS' FEES, DAMAGES FOR BODILY INJURY AND PROPERTY DAMAGE, FINES, PENALTIES,
CLEANUP COSTS AND COSTS ASSOCIATED WITH DELAY OR WORK STOPPAGE, THAT IN ANY WAY RESULTS FROM OR ARISES UNDER THE BREACH OF THE REPRESENTATIONS AND
WARRANTIES IN THIS SECTION, THE EXISTENCE OF MOLD OR A HAZARDOUS SUBSTANCE AT A SITE, OR THE OCCURRENCE OR EXISTENCE OF THE SITUATIONS OR CONDITIONS
DESCRIBED IN THIS SECTION, WHETHER OR NOT CUSTOMER PROVIDES HONEYWELL ADVANCE NOTICE OF THE EXISTENCE OR OCCURRENCE AND REGARDLESS OF WHEN THE
HAZARDOUS SUBSTANCE OR OCCURRENCE IS DISCOVERED OR OCCURS. THIS INDEMNIFICATION SHALL SURVIVE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.
5.6 Customer is responsible for the containment of any and all refrigerant stored on or about the premises. Customer accepts all responsibility for and agrees to indemnify Honeywell against any and all claims, damages, or
causes of action that arise out of the storage, consumption, loss and/or disposal of refrigerant, except to the extent Honeywell has brought refrigerant onsite and is directly and solely negligent for its mishandling.
6. WARRANTY AND LIMITATION OF LIABILITY
6.1 Honeywell will replace or repair any product Honeywell provides under this Agreement that fails within the warranty period (one) I year because of defective workmanship or materials, except to the extent the failure
results from Customer negligence, or from fire, lightning, water damage, or any other cause beyond the control of Honeywell. This warranty applies to all products Honeywell provides under this Agreement, whether or not
manufactured by Honeywell. The warranty is effective as of the date of Customer acceptance of the product or the date Customer begins beneficial use of the product, whichever occurs first.
6.2 THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE, AND HONEYWELL EXPRESSLY DISCLAIMS AND CUSTOMER EXPRESSLY WAIVES ALL OTHER WARRANTIES, WHETHER
WRITTEN OR ORAL, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF WORKMANSHIP, CONSTRUCTION, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES, EQUIPMENT, AND MATERIALS PROVIDED HEREUNDER- HONEYWELL SHALL NOT BE LIABLE FOR ANY PROPERTY
DAMAGE, PERSONAL INJURY, LOSS OF INCOME, EMOTIONAL DISTRESS, DEATH, LOSS OF USE, LOSS OF VALUE, ADVERSE HEALTH EFFECT OR ANY SPECIAL, INCIDENTAL,
INDIRECT, SPECULATIVE, REMOTE, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING FROM, OR RELATING TO, THIS LIMITED WARRANTY OR ITS BREACH.
63 Honeywell makes no representation or warranty, express, implied or otherwise, regarding Hazardous Substances or Mold. Honeywell shall have no duty, obligation or liability, all of which Customer expressly waives,
for any damage or claim, whether known or unknown, including but not limited to property damage, personal injury, loss of income, emotional distress, death, loss of use, loss of value, adverse health effect or any special,
consequential, punitive, exemplary or other damages, regardless of whether such damages maybe caused by or otherwise associated with defects in the Services, in whole or to part due to or arising from any investigation,
testing, analysis, monitoring, cleaning, removal, disposal, abatement, remediation, decontamination, repair, replacement, relocation, loss of use of building, or equipment and systems, or personal injury, death or disease in
any way associated with Hazardous Substances or Mold.
7, INDEMNITY
Honeywell agrees to indemnify and hold Customer and its agents and employees harmless from all claims for bodily injury and property damages to the extent such claims result from or arise under Honeywell's negligent
actions or willful misconduct in its performance of the Work required under this Agreement, provided that such indemnity obligation is valid only to the extent (i) Customer gives Honeywell immediate notice to writing of
any such claims and permits Honeywell, through counsel of its choice and Honeywell's sole cost and expense, to answer the claims and defend any related suit and (ii) Customer gives Honeywell all needed information,
assistance and authority, at Honeywell's expense, to enable Honeywell to defend such suit. Honeywell is not responsible for any settlement without its written consent. Honeywell is not liable for loss or damage caused by the
negligence of Customer or any other parry or such parry's employees or agents. This obligation shall survive termination of this Agreement. Notwithstanding the foregoing, Customer agrees that Honeywell will not be
responsible for any damages caused by Mold or any other fungus or biological material or agent, including but not limited to property damage, personal injury, loss of income, emotional distress, death, loss of use, loss of
value, adverse health effect or any special, consequential, punitive, exemplary or other damages, regardless of whether such damages may be caused by or otherwise associated with defects in the Services.
8. LIMITATION OF LIABILITY
Proposal Number PerfContM&V
Honeywell Service Agreement (Form Rev. 02/07-1) Page 2 of 11
8.1 IN NO EVENT SHALL HONEYWELL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, SPECULATIVE, REMOTE, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES,
WHETHER ARISING OUT OF OR AS A RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, MOLD, MOISTURE, INDOOR AIR
QUALITY, OR OTHERWISE, ARISING FROM, RELATING TO, OR CONNECTED WITH THE SERVICES, EQUIPMENT, MATERIALS, OR ANY GOODS PROVIDED HEREUNDER.
8.2 NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IF A PORTION OF THE SERVICES INVOLVES THE INSTALLATION AND/OR MAINTENANCE OF SYSTEMS
ASSOCIATED WITH SECURITY AND/OR THE DETECTION OF AND/OR REDUCTION OF RISK OF LOSS ASSOCIATED WITH FIRE, HONEVW ELL'S TOTAL LIABILITY ARISING OUT OF OR
AS A RESULT OF ITS PERFORMANCE UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF THIS AGREEMENT.
9. EXCUSABLE DELAYS
Honeywell is not liable for damages caused by delay or interruption in Services due to fire, flood, corrosive substances in the air, strike, lockout, dispute with workmen, inability to obtain material or services, commotion,
war, acts of Cod, the presence of Hazardous Substances or Mold, or any other cause beyond Honeywell's reasonable control. Should any part of the system or any Equipment be damaged by fire, water, lightning, acts of
Cod, the presence of Hazardous Substances or Mold, third parties or any other cause beyond the control of Honeywell, any repairs or replacement will be paid for by Customer. In the event of any such delay, date of shipment
or performance will be extended by a period equal to the time lost by reason of such delay, and Honeywell will be entitled to recover from Customer its reasonable costs, overhead, and profit arising from such delay.
10. PATENT INDEMNITY
10.1 Honeywell shall, at its expense, defend of, at its option, settle any suit that maybe instituted against Customer for alleged infringement of any United States patents related to the hardware or software manufactured and
provided by Honeywell under this Agreement ("the equipment"), provided that a) such alleged infringement consists only in the use of such equipment by itself and not as part of, or in combination with, any other devices,
parts or software not provided by Honeywell hereunder, b) Customer gives Honeywell immediate notice in writing of any such suit and permits Honeywell, through counsel of its choice, to answer the charge of infringement
and defend such suit, and c) Customer gives Honeywell all needed information, assistance and authority, at Honeywell's expense, to enable Honeywell to defend such suit.
10.2 If such a suit has occurred, or in Honeywell's opinion is likely to occur, Honeywell may, at its election and expense: a) obtain for Customer the right to continue using such equipment; b) replace, correct or modify it so
that it is not infringing; or if neither a) or b) is not reasonable then c) remove such equipment and grant Customer a credit therefore, as depreciated.
10.3 In the case of a final award of damages in any such suit, Honeywell will pay such award. Honeywell will not, however, be responsible for any settlement made without its written consent.
10.4 THIS ARTICLE STATES HONEYWELL'S TOTAL LIABILITY AND CUSTOMER'S SOLE REMEDY FOR ANY ACTUAL OR ALLEGED INFRINGEMENT OF ANY PATENT BY THE
HARDWARE MANUFACTURED AND PROVIDED BY HONEYWELL HEREUNDER.
It. SOFTWARE LICENSE
All software provided in connection with this Agreement shall be licensed and not sold. The end user of the software will be required to sign a license agreement with provisions limiting use of the software to the equipment
provided under these specifications, limiting copying, preserving confidentiality, and prohibiting transfer to a third party. Licenses of this type are standard for computer-based equipment of the type covered by this
Agreement. Customer shall be expected to grant Honeywell access to the end user for purposes of obtaining the necessary software license.
12, DISPUTE RESOLUTION
With the exception of any controversy or claim arising out of or related to the installation, monitoring, and/or maintenance of fire and/or security systems, the Parties agree that any controversy or claim between Honeywell
and Customer arising out of or relating to this Agreement, or the breach thereof, will be settled by arbitration in a neutral venue, conducted in accordance with the Construction Industry Arbitration Rules of the American
Arbitration Association. Any award rendered by the arbitrator will be final, andjudgment may be entered upon it in accordance with applicable law in any court having j urisdiction thereof Any controversy or claim arising
out of or related to the installation, monitoring, and/or maintenance of systems associated with security and/or the detection of, and/or reduction of risk of Toss associated with fire will be resolved in a court of competent
jurisdiction.
13. ACCEPTANCE
This proposal and the pages attached shall become an Agreement upon signature above by Honeywell and Customer. The terms and conditions are expressly limited to the provisions hereof, including Honeywell's General
Terms and Conditions attached hereto, notwithstanding receipt of, or acknowledgment by, Honeywell of any purchase order, specification, or other document issued by Customer. Any additional or different terms set forth or
referenced in Customer's purchase order are hereby objected to by Honeywell and shall be deemed a material alteration of these terms and shall not be a part of any resulting order.
14. MISCELLANEOUS
14.1 This Agreement represents the entire Agreement between Customer and Honeywell for the Work described herein and supersedes all prior negotiations, representations or Agreements between the Parties related to the
work described herein.
14.2 None of the provisions of this Agreement shall be modified, altered, changed or voided by any subsequent Purchase Order or other document unilaterally issued by Customer that relates to the subject matter of this
Agreement. This Agreement may be amended only by written instrument signed by both Parties.
143 This Agreement is governed by the law of the State where the work is to be performed.
14,4 Any provision or part of this Agreement held to be void or unenforceable under any laws or regulations will be deemed stricken, and all remaining provisions will continue to be valid and binding upon Honeywell and
Customer, who agree that this Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken
provision.
14.5 Customer may not assign its rights or delegate its obligations under this Agreement, in whole or in part, without the prior written consent of Honeywell. Honeywell may assign its right to receive payment to a
third party.
15- COVERAGE
15.1 Customer agrees to provide access to all Equipment covered by this Agreement. Honeywell will be free to start and stop all primary equipment incidental to the operation of the mechanical, control, automation, and life
safety system(s) as arranged with Customer's representative.
15.2 It is understood that the repair, replacement, and emergency service provisions apply only to the Equipment included in the attached List of Covered Equipment. Repair or replacement of non-maintainable parts of the
system such as, but not limited to, ductwork, piping, shell and tube (for boilers, evaporators, condensers, and chillers), unit cabinets, boiler refractory material, heat exchangers, insulating material, electrical wiring, hydromc
and pneumatic piping, structural supports and other non-moving parts, is not included under this Agreement. Costs to repair or replace such non-maintainable parts will be the sole responsibility of Customer.
153 Honeywell will not reload software, nor make repairs or replacements necessitated by reason of negligence or misuse of the Equipment by persons other than Honeywell or its employees, or caused by lightning,
electrical storm, or other violent weather or by any other cause beyond Honeywell's control. Honeywell will provide such services at Customer's request and at an additional charge. Customer is entitled to receive
Honeywell's then current preferred-Customer labor rates for such services.
15.4 Honeywell may install diagnostic devices and/or software at Honeywell's expense to enhance system operation and support. Upon termination of this Agreement, Honeywell may remove these devices and return the
system to its original operation. Customer agrees to provide, at its sole expense, connection to the switched telephone network for the diagnostic devices and/or software.
15.5 Honeywell will review the Services delivered under this Agreement on an annual basis, unless otherwise noted.
15.6 This Agreement assumes that the systems and/or Equipment included in the attached List of Covered Equipment are in maintainable condition. If repairs are necessary upon initial inspection or initial seasonal start-up,
repair charges will be submitted for approval. Should these charges be declined those non-maintainable items will be eliminated from coverage under this Agreement and the price adjusted accordingly.
15.7 In the event that the system or any equipment component thereof is altered modified changed or moved, this Agreement may be immediately adjusted or terminated, at Honeywell's sole option. HONEYWELL is not
responsible for any damages resulting from such alterations, modifications, changes or movement
15,8 Honeywell is not responsible for maintaining a supply of, furnishing and/or replacing lost or needed chlorofluorocwbon (CFC) based refrigerants not otherwise required under this Agreement. Customer is solely
responsible for the cost of material and labor of any such refrigerant not otherwise provided for under this Agreement at current market rates.
15.9 Maintenance, repairs, and replacement of Equipment pans and components are limited to restoring to proper working condition. Honeywell is not obligated to provide replacement software, equipment, components
and/or parts that represent a significant betterment or capital improvement to Customer's system(s) hereunder.
15.10 Unless otherwise specified, Customer retains all responsibility for maintaining LANs, WANs, leased lines and/or other communication mediums incidental or essential to the operation of the system(s) or
Equipment found included in the attached List of Covered Equipment.
15.11 Customer will promptly notify Honeywell of any malfunction in the system(s) or Equipment covered under this Agreement that comes to Customer's attention.
Proposal Number PerfContM&V Page 3 of I 1
Honeywell Service Agreement (Form Rev. 02/07-1)
16. TERMS OF PAYMENT
16.1 Subject to Honeywell's approval of Customer's credit, Customer will pay or cause to be paid to Honeywell the full price for the Services as specified on the first page of this Agreement. Honeywell will submit
quarterly invoices to Customer in advance for Services to be performed during the subsequent billing period, and payment shall be due within twenty (20) days after Customer's receipt of each such invoice. Payments for
Services past due more than five (5) days shall accrue interest from the due date to the date of payment at the rate of one and one-half percent (1,5%) per month, compounded monthly, or the highest legal rate then allowed.
Customer will pay all attorney and/or collection fees incurred by Honeywell in collecting any past due. amounts.
16.2 Price Adjustment. Honeywell may annually adjust the amounts charged for the Services provided.
17. TERMINATION
17.1 Customer may terminate this Agreement for cause if Honeywell defaults in the performance of any material term of this Agreement, or fails or neglects to carry forward the Services in accordance with this Agreement,
after giving Honeywell written notice of its intent to terminate. If, within thirty (30) days following receipt of such notice, Honeywell fails to cure or perform its obligations, Customer may, by written notice to Honeywell,
terminate this Agreement.
17.2 Honeywell may terminate this Agreement for cause (including, but not limited to, Customer's failure to make payments as agreed herein) after giving Customer written notice of its intent to terminate. If, within thirty
(30) days following receipt of such notice, Customer fails to make the payments then due, or otherwise fails to cure or perform its obligations, Honeywell may, by written notice to Customer, terminate this Agreement and
recover from Customer payment for Services performed and for losses sustained for materials, tools, construction equipment and machinery, including but not limited to, reasonable overhead, profit and applicable damages.
17.3 Cancellation - This Agreement may be canceled at Honeywell's option in the event Honeywell equipment on Customer's premises is destroyed or substantially damaged. Likewise, this Agreement may be canceled at
Customer's option in the event Customer's premises are destroyed. In the event of such cancellation, neither party shall be liable for damages or subject to any penalty, except that Customer will remain liable for Services
rendered to the date of cancellation.
18. DEFINITIONS
18.1 "Hazardous substance" includes all of the following, whether naturally occurring or manufactured, in quantities, conditions or concentrations that have, are alleged to have, or are believed to have an adverse effect on
human health, habitability of a Site, or the environment: (a) any dangerous, hazardous or toxic pollutant, contaminant, chemical, material or substance defined as hazardous or toxic or as a pollutant or contaminant under state
or federal law, and (b) any petroleum product, nuclear fuel or material, carcinogen, asbestos, urea formaldehyde, foamed-in-place insulation, polychlorinated biphenyl (PCBs), and (c) any other chemical or biological material
or organism, that has, is alleged to have, or is believed to have an adverse effect on human health, habitability of a Site, or the environment.
18.2 "Mold" means any type or form of fungus or biological material or agent, including mold, mildew, moisture, yeast and mushrooms, and any mycotoxins, spores, scents, or by-products produced or released by any of the
foregoing. This includes any related or any such conditions caused by third parties.
18.3 "Covered Equipment" means the equipment covered by the Services to be performed by Honeywell under this Agreement, and is limited to the equipment included in the respective work scope attachments.
18.4 "Services" means those services and obligations to be undertaken by Honeywell in support of, or to maintain, the Covered Equipment, m more fully detailed in the attached work scope document(s), which are
incorporated herein.
Proposal Number PerfComM&V Page 4 of I I
Honeywell Service Agreement (Form Rev. 02/07-1)
Preferred Mechanical Maintenance Services
1.1 Scope - HONEYWELL will maintain the mechanical systems, components, and hardware listed below:
List of Covered Equipment:
Quantity Description Nominal Size Description
1 RTU-1 4 Ton Trane Rooftop AHU
1 RTU-2 17.5 Ton Trane Rooftop AHU
1 RTU-3 17.5 Ton Trane Rooftop AlfU
1 RTU-4 17.5 Ton Trane Rooftop AHU
1 RTU-5 17.5 Ton Trane Rooftop AHU
1 RTU-6 17.5 Ton Trane Rooftop AHU
1 RTU-7 17.5 Ton Trane Rooftop AHU
1 RTU-9 17.5 Ton Trane Rooftop AHU
1 RTU-10 17.5 Ton Trane Rooftop AHU
1 RTU-11 10 Ton Carrier Rooftop AFfU
1 P-1 2 Heat Reclaim Pump
8 Thermostat NA Honeywell Programmable
1 Dectron/RS 482 120 HP Pool Dehumidifier
1.2 Preventive Maintenance - Quarterly preventive maintenance call will be scheduled by a computer-generated service
report detailing the tasks to perform, the skill levels required, and the special tools and instrumentation required to maintain the
systems. Maintenance intervals will be determined by either equipment run time or a frequency determined from consideration of
equipment operation, application, location, or criticality of end use. Upon completion of each service call, a summary of the
preventive maintenance tasks completed will be provided to CUSTOMER.
1.3 Component Replacements - HONEYWELL will maintain CUSTOMER'S presently installed system within the
functional limitations of presently installed hardware, firmware, and software found on CUSTOMER'S system(s).
HONEYWELL will repair or replace serviceable components and parts found on the List of Covered Equipment that have been
found to be defective or have failed. Replaced components will be new or reconditioned components of compatible design as
required to maintain CUSTOMER'S system. At HONEYWELL'S sole discretion, marginal components may also be repaired or
replaced. These replacements will be based upon commercial availability of parts and/or components. All exchanged parts shall
become the property HONEYWELL. Automatic valve and damper maintenance and repair are included in this Agreement. The
labor required for their removal and installation is not included.
Notwithstanding the foregoing, at initial inspection, at initial seasonal start-up, or following twelve (12) months of service, if any
individual component cannot, in the sole or exclusive opinion of HONEYWELL, be properly repaired, due to obsolescence, lack of
commercial availability of standard parts, and/or excessive wear or deterioration, HONEYWELL may remove said component from
the List of Covered Equipment, with sixty (60) days written notice. Non-maintainable components will be eliminated from
coverage under this Agreement and HONEYWELL shall adjust the price accordingly.
1.4 Emergency Service - Activities performed under this Agreement are designed to minimize the incidence of emergency
situations. However, should an emergency arise, HONEYWELL personnel will assess the situation either by phone or remote
diagnostics, or both, and will determine the required course of action with CUSTOMER. If it is determined that a site visit is
required, HONEYWELL personnel will arrive at CUSTOMER site within 4 hours. If the resolution of the emergency service call
requires HONEYWELL to provide service for equipment that is not listed in Article 1.1 above, CUSTOMER will be liable for
charges prevailing for such service.
Emergency Service will be provided during the following periods during the term of this Agreement (check box for desired level of
emergency service coverage):
0 Continuous Emergency Service:
24 hours per day, seven days per week, federal holidays included
? Extended Hours Emergency Service:
12 hours per day, five days per week, federal holidays excluded.
Specified hours: 6:00 a.m. - 6:00 p.m., Monday through Friday.
0 Regular Business Hours Emergency Service:
8.5 hours per day, five days per week, federal holidays excluded.
Specified hours: 8:00 a.m. - 4:30 p.m., Monday through Friday.
Proposal Number PerfContM&V
Honeywell Service Agreement (Form Rev. 02/07-1)
Page 5 of 11
1.5 Performance Review - A review of the Services provided within this Agreement will be performed by HONEYWELL on
an annual basis at CUSTOMER'S request. HONEYWELL and CUSTOMER will discuss work performed since the last review,
answer questions pertaining to Service delivery, and identify opportunities to further improve performance of the Equipment.
1.6 Honeywell ServicePortal - HONEYWELL will provide customer access to an Internet-based application that will allow
the CUSTOMER to securely submit non-emergency service requests online; view status of all service calls, whether scheduled,
open or closed; view appointments and task detail of work performed on contracted service calls; and view contract and equipment
coverage details (12 month history and includes only service performed per the HONEYWELL contract). Functionality
enhancements or deletions are at the discretion of HONEYWELL.
Proposal Number PerfContM&V Page 6 of 11
Honeywell Service Agreement (Form Rev. 02/07-1)
Air Filter Services
1.1 Scope - HONEYWELL will furnish and install air filters appropriate for the design condition of CUSTOMER'S
ventilation systems. Media for the fan system units listed in this section will be replaced according to the following schedule:
List of Covered Equipment:
Fan System Unit
Quantity
Size
T we Changes per year
1,2,4,6, or 12
RTU-1 1 24" X 24" 2" Pleated 4
RTU-2 1 24" X 24" 2" Pleated 4
RTU-3 1 24" X 24" 2" Pleated 4
RTU-4 1 24" X 24" 2" Pleated 4
RTU-5 1 24" X 24" 2" Pleated 4
RTU-6 1 24" X 24" 2" Pleated 4
RTU-7 1 24" X 24" 2" Pleated 4
RTU-9 1 24" X 24" 2" Pleated 4
RTU-10 1 24" X 24" 2" Pleated 4
RTU-11 1 24" X 24" 2" Pleated 4
Dectron /RS 485 6 24" X 24" 2" Pleated 4
1.2 Coverage - It is understood that the air filter media replacement services apply only to the fan system units listed in Article
1.1 above. If this Agreement is terminated, HONEYWELL will remove any HONEYWELL-supplied frames from the facility, or
offer CUSTOMER the opportunity to purchase them at the current market value.
1.3 Frequency of Air Filter Media Replacement - Should filter loading experience indicate a need to adjust the frequency of
media changes for the fan systems listed in Article 1.1 above, the frequency will be changed, and the Agreement amended to reflect
the new media change frequency. The Agreement price will be adjusted to account for the revised media change frequency.
1.4 Performance Review - A review of the Services provided within this Agreement will be performed by HONEYWELL on
an annual basis at CUSTOMER'S request. HONEYWELL and CUSTOMER will discuss work performed since the last review,
answer questions pertaining to Service delivery, and identify opportunities to further improve performance of the Equipment.
Proposal Number PerfComM&V Page 7 of I I
Honeywell Service Agreement (Form Rev. 02/07-1)
Maintenance Service Special Provisions
These Special Provisions are incorporated herein by reference and made a part of the Honeywell International Inc., Honeywell
Building Solutions Support Services Agreement.
1. This proposal excludes the maintenance of the pool water side of the equipment. Maintenance of the filters, strainers, etc will
be performed by others.
Proposal Number PerfContM&V Page 8 of 1 I
Honeywell Service Agreement (Form Rev. 02/07-1)
Ener2y Guarantee Special Provisions
These Special Provisions are incorporated herein by reference and made a part of the Honeywell International Inc., Automation and
Control Solutions Agreement.
1.1 Incorporated Documents - Attachment F, Attachment G, and Exhibits to Attachment G are hereby made an integral part of
this SUPPORT SERVICES AGREEMENT, insofar as same is applicable to the work of the Energy Guarantee Auditing and
Analysis Services, as if specifically written herein, and unless otherwise hereinafter specified.
1.2 Energy Guarantee Performance Period Auditing Activities - In coordination with, or in addition to, any Energy
Auditing and Analysis Services, HONEYWELL will perform Measurement & Verification (M&V) activities as described in
Attachment G.
1.3 Remote Diagnostics - CUSTOMER shall allow HONEYWELL to perform remote diagnostics on all equipment
associated with the Energy Savings Guarantee for operational compliance with manufacturer's specifications, HONEYWELL
specifications, requirements of Attachment F, and requirements of Attachment G .
HONEYWELL may install diagnostic devices at HONEYWELL 's expense to monitor and/or enhance system operation and
support. Upon termination of this Agreement, HONEYWELL may remove these devices and return the system to original
operation.
1.4 Potential-To-Save - Verification of an ECM's potential to generate the proposed energy cost avoidance is satisfied upon
CUSTOMER's signing of Attachment J or an equivalent Delivery and Acceptance Certificate. (See Attachment F - Definitions:
"Option A".
1.5 Energy Purchasing Alternatives - It is understood that there is no requirement for HONEYWELL to perform
evaluations of energy purchasing alternatives or perform rate negotiations under this contract.
Switching from the respective electric and natural gas local distribution companies (LDCs) to the respective
marketers/brokers/suppliers (SUPPLEERs) for the commodity portion of gas and electricity will be the result of Contract(s) between
CUSTOMER and SUPPLIER(s). HONEYWELL does not assure the provision of gas or electricity, and all incentives and
payments associated with the Contract(s) between CUSTOMER and SUPPLIER(S) are the responsibility of the Parties to that
Contract.
1.6 Utility Rebates - It is understood that all utility rebates and/or refunds are the result of an agreement between
CUSTOMER and the utility company and HONEYWELL assumes no responsibility for either obtaining said rebates and/or refunds
or for the quantity of said rebates and/or refunds.
It is further understood that any evaluation and presentation of options by HONEYWELL for potential utility rebates and credits
available to CUSTOMER from utility companies is limited to those identified during contract negotiation and during installation.
Assisting the CUSTOMER in securing identified rebates is understood to be a construction and installation task and is not part of
these on-going services.
1.7 Recommendations - It is understood that HONEYWELL will use its best professional judgment in evaluating energy use
characteristics, but assumes no responsibility for financial performance related to any recommendations.
1.8 CUSTOMER Responsibilities for Documentation - It is the responsibility of the CUSTOMER to provide to the M&V
Specialist, at minimum, on a quarterly basis, except as modified below:
1.8.1 Verification that equipment installed to perform the ECMs has been properly maintained, including but not
limited to provision of maintenance records.
1.8.2 Current status of the buildings (i.e., occupancy level and use, hours of operation, etc.).
1.8.3 Records of CUSTOMER initiated changes in equipment setpoints, start/stop conditions, usage patterns.
1.8.4 Records of CUSTOMER initiated changes in operation of mechanical-electrical systems, which may impact the
ECMs.
1.8.5 Records regarding addition or deletion of equipment or building structure, which may impact the ECMs or the
building energy consumption.
1.8.6 Copies of all utility information including monthly utility bills and utility summary data on a monthly basis, and
access to utility accounts through an authorization by the CUSTOMER to the utility providers to allow the release of data
to a HONEYWELL representative.
Proposal Number PerfContM&V Page 9 of 11
Honeywell Service Agreement (Form Rev. 02/07-1)
1.9 CUSTOMER Responsibilities for Notification - HONEYWELL and CUSTOMER division of responsibilities and risk
allocation is described in Attachment F and Attachment G.
It is the responsibility of the CUSTOMER to notify HONEYWELL of all changes in production, occupancy, building load,
conditioned building area, equipment operation, and scheduling, etc. from the baseline period. Deviation from the baseline period
will result in Baseline Adjustments to normalize the Base Year energy use to Current Year conditions. It will be the responsibility
of the CUSTOMER to investigate and correct any reported deficiencies in the current operations in the buildings that impact the
ECMs.
1.10 CUSTOMER Responsibilities for Maintenance - During the term of this Agreement, for all equipment provided or
modified as per Attachment A - Scope of Work, the CUSTOMER shall perform on-going maintenance and accomplish component
replacement and equipment repairs in accordance with manufacturer's standards and practices and take all reasonable measures to
insure the equipment is operating at full efficiency. Component replacement and equipment repairs must be accomplished in a
timely fashion. Additionally, CUSTOMER shall insure such equipment is operated at all times in accordance with applicable
manufacturer's specifications, HONEYWELL specifications, and the requirements of Attachments F and G contained herein. For
all non-HONEYWELL maintenance actions, CUSTOMER shall document and make available to HONEYWELL maintenance
dates and tasks accomplished, the start date and duration of all deficient equipment operation and the subsequent corrective action
and/or repair dates. Failure of the CUSTOMER to operate the equipment per the specifications, repair any deficiencies in a timely
manner, and perform the ongoing maintenance functions in accordance with the standards and practices during the Guarantee period
will allow HONEYWELL to adjust the Guarantee accordingly.
CUSTOMER shall replace any failed equipment or component no longer warranted by HONEYWELL or a HONEYWELL
subcontractor, with equipment or components of equal or greater efficiency value than installed by HONEYWELL, for the full
contract guarantee term.
1.11 Energy Cost Avoidance - Energy Cost avoidance may also include, but is not limited to, savings from demand charges,
power factor correction, taxes, ratchet charges, rate changes and other utility tariff charges that are reduced as a result of the
HONEYWELL involvement to the extent permitted by the Agreement.
Proposal Number PerfContM&V Page 10 of I 1
Honeywell Service Agreement (Form Rev. 02/07-1)
Energy Guarantee Auditing and Analysis Services
1.1 Scope - HONEYWELL will implement Energy Guarantee Auditing and Analysis Services for CUSTOMER'S facilities,
energy conservation measures (ECMs), and/or utility meters in coordination with Attachment F - Energy Guarantee and Attachment
G - Schedule of Savings. Attachment G, as used herein, includes the Exhibits to Attachment G. HONEYWELL will perform the
services outlined in Section 1.4.
List of Covered Facilities. Meters. ECMs by Service Offering:
a b c d
Facility LDC-Meter # /
Utility Type ECMs
(list only ECMs associated with meter listed in column (b)) Related M&V
Offering
Subsection
City of Clearwater Electric # 91948-11052 ECM 2, and ECM 3 1.4.1
City of Clearwater Gas # 4106654 ECM 4 1.4.1
City of Clearwater Pool Gas #4106657 ECM 1 1.4.1
1.2 Coverage - This Agreement includes all labor, travel, and expenses to perform the services and frequency described in
Section 1.4. Services not explicitly described in Section 1.4, including CUSTOMER Guarantee Responsibilities, are not included.
It is understood that it will be the responsibility of the CUSTOMER to investigate and correct any deficiencies not covered under
the SUPPORT SERVICES AGREEMENT.
1.3 Incorporated Documents - The Energy Guarantee Special Provisions, Attachment F - Energy Guarantee, Attachment G -
Schedule of Savings, and Exhibits to Attachment G are hereby made an integral part of this SUPPORT SERVICES AGREEMENT,
insofar as same is applicable to the work of the Energy Auditing and Analysis Services, as if specifically written herein, and unless
otherwise hereinafter specified.
1.4 M&V Offerings - In coordination with section 1.1, HONEYWELL will perform the Measurement & Verification (M&V)
offerings checked below:
® 1.4.1 Retrofit Isolation Energy Audit for Option A Verified ECMs - HONEYWELL will provide Option A energy
guarantee auditing services as detailed in Attachment F, Attachment G, and Exhibits to Attachment G for specific Energy
Conservation Measures (ECMs) identified in Attachment G and/or Exhibits to Attachment G as using Option A methodologies for
Measurement and Verification. HONEYWELL will provide this one-time determination of the quantity of energy avoidance of the
CUSTOMER'S facility for the First Guarantee Year only. Option A methods will be applied on an ECM specific basis (i.e.,
isolated to the retrofit) and Energy Cost Avoidance for a Guarantee Year will be quantified and summarized on an ECM basis.
After the ECM's potential-to-save has been verified (section 1.3) HONEYWELL shall either stipulate the quantity of cost avoidance
or determine the cost avoidance from engineering calculations and measurement of specific variables. Utility bill auditing (Option
C) and reconciliation of Option A results to utility meter bill data is not included. The Option A retrofit isolation method was
selected by the CUSTOMER to provide an economical reconciliation method and to minimize the interactive effects on the
determination of cost avoidance due changes to the site or facilities from the baseline conditions.
HONEYWELL will provide a single (1) reporting submission of the determination of energy avoidance for the First Guarantee
Year. The Energy Avoidance quantified in the First Guarantee Year will be stipulated as the annual Energy Avoidance for each
Guarantee Year of the remaining contract term.
Term Coverage: Year 1 Verification of Potential to Perform; Year 2 to End of Term Verification of Potential to Perform,
Energy avoidance stipulated to be same as Year 1 Results Cost avoidance includes stipulated escalation rate as listed in Att G
Option A Audit Report section will be submitted: ® Annually
? 1.4.2 Energy Advisory Report-Level 1 (Not Applicable)
? 1.4.3 Energy Advisory Report-Level 2 ( Not Applicable)
? 1.4.4 Retrofit Isolation Energy Audit for Option B Verified (Not Applicable
? 1.4.5 Utility Bill Energy Audit for Option C verified ECMs (Not Applicable)
Proposal Number PerfContM&V Page 11 of 1 I
Honeywell Service Agreement (Form Rev. 02/07-1)
ATTACHMENT E
PAYMENT SCHEDULE
1. The following payment schedule has been established for the Work:
1. 1 The payment schedule reflected below has been established for the Work. Payment shall be made net thirty
(30) days of invoice date. If issues surrounding lack of payment are not remedied within ten (10) business days,
HONEYWELL may suspend all Work until payment is made.
Total payments are:
1.1.2 Percent Complete
$ 2,445,000
Percent of Project Complete Amount Due
Upon contract execution:
30% $ 733,500
Monthly Progress payments
65% $1,589,250
Upon project delivery and acceptance:
5% $ 122,250
2. The following payment schedule has been established for Support Services:
2.1 The first invoice will be issued upon completion of the Work and prior to commencement of Support
Services and CUSTOMER shall pay or cause to be paid to HONEYWELL the full price for the Services as specified
in Attachment D.
Attachment E (Form Rev. 11/06) Page 1 of I Revised 6/11/08
ATTACHMENT F
ENERGY GUARANTEE
DEFINITIONS
When used in this Agreement, the following capitalized words shall have the meanings ascribed to them below:
"Baseline" is the description outlined in Attachment G, that defines the Baseline Usage Baseline Usage Unit Costs
and facilities, systems, or equipment operations and characteristics, and environmental conditions that are to be used
as the benchmark for determining cost avoidance.
"Baseline Period" is the period of time (specified in Section 1 of Attachment G) coordinated with the Baseline
Usage for the purpose of utility bill analysis (see "Option C") to allow the comparison of a Guarantee Year against a
Baseline. The Baseline Period may not always be one contiguous element of time and may be different from a 365-
day annual period. Baseline information from non-contiguous elements of time may be normalized and assigned to
a specified Baseline Period.
"Baseline Usage or Demand" the calculated or measured energy usage (demand) by a piece of equipment or a site
prior to the implementation of the ECMs. Baseline physical conditions, such as equipment counts, nameplate data,
and control strategies, will typically be determined through surveys, inspections, and/or metering at the site.
"Baseyear or Base Year" is equivalent to "Baseline" and may not always be one contiguous element of time and
may be different from a 365-day annual period.
"Construction Phase or Period" The time period between the start of the project installation and the date of Final
Project Acceptance.
"Construction Savings Period" The time period(s) between the completion of installation and start of providing
substantial benefit to the CUSTOMER for each single specific ECM vs. the time of Final Project Acceptance.
"Commissioning Phase or Period" The phase, before Final Project Acceptance, when (1) the functional ability of
the installed equipment or systems, and/or modified equipment or systems to operate in conformity with the design
intent is documented and verified and (2) the potential-to-save of said equipment and systems is documented and
verified for the first time.
"Cost Adjustments" means for each year following the first year of the Support Services, HONEYWELL, may, in
its sole discretion increase the annual Operational Cost Savings in an amount matching the adjustment to the
Support Services fee.
"Cost Avoidance" means the difference between the actual cost incurred during a selected time period versus what
the cost would have been had the cost avoidance strategy not been implemented.
"Covered Systems and Equipment" as used in this Attachment F means the systems and equipment identified in
Attachment A (Scope of Work) and Attachment D (Support Services).
"Energy and Operational Cost Avoidance Guarantee Practices" are those practices identified in Attachment G,
intended to achieve avoided costs in energy and/or operating expenses.
"Energy Auditing" means the act of Measurement and Verification (M&V) to determine the Guarantee Savings.
"Energy Costs" may include the cost of electricity and fuels to operate HVAC equipment, facility mechanical and
lighting systems, and energy management systems, and the cost of water and sewer usage, as applicable.
"ECM" The Energy Conservation Measure (ECM) is the installation of equipment or systems, or modification of
equipment or systems as described in Attachment A, for the purpose of reducing utility (energy, water, etc.)
consumption and demand and costs and/or non-utility (O&M, operational) costs.
"Facilities" shall mean those buildings where the energy and operational cost savings will be realized.
"F.E.M.P." shall mean the Federal Energy Management Program of the U.S. Department of Energy and its
Measurement and Verification Guidelines for Federal Energy Projects (DOE/GO-102000-0960, September 2000).
The F.E.M.P. guidelines classify measurement & verification approaches as Option A, Option B, Option C, and
Option D. The F.E.M.P. Guideline was developed based on the International Performance Measurement and
Attachment F (Form Rev. 10/06 - Modified for Florida Statutes) Page I of 9
Verification Protocol (I.P.M.V.P.). The focus of the F.E.M.P. M&V Guidelines is on. choosing the M&V option
and method most appropriate for specific projects.
"Financing Document" refers to that document executed between CUSTOMER and a third-party financing entity
providing for payments from CUSTOMER to third-party financing entity.
"Final Project Acceptance" refers to CUSTOMER acceptance of the installation of the ECMs as described in
Attachment A.
"First Guarantee Year" is defined as the period beginning on the first (1 st) day of the month following the date of
Final Project Acceptance of the Work installed and ending on the day prior to the first (I st) anniversary thereof.
"Guarantee Period" is defined as the period beginning on the first (Ist) day of the First Guarantee Year and
ending on the last day of the final Guarantee Year. Also known as the "Measurement and Verification Phase" or
"Performance Period".
"Guarantee Year" is defined as the First Guarantee Year and each of the successive twelve (12) month periods
commencing on the anniversary of the commencement of the First Guarantee Year throughout the Term of this
Agreement.
"Guaranteed Savings" is defined as the amount of avoided Energy and Operational Costs necessary to pay for the
cost of the Work and Support Services incurred by CUSTOMER in each Guarantee Year [as identified in Section
3.1 hereofJ.
"I.P.M.V.P." International Performance Measurement and Verification Protocol (July 1997) provides an overview
of current best practice techniques available for measurement & verification of performance contracts. This
document is the basis for the F.E.M.P. protocol. The techniques are classified as Option A, Option B, Option C,
and Option D.
"Measurement and Verification Plan" (M&V Plan) is defined as the plan providing details on how the Guarantee
Savings will be verified.
"Measurement and Verification Phase or Period" The specific time period designated to demonstrate the savings
and/or performance achieved from the energy retrofit. The savings will be verified based on the Measurement and
Verification procedures as outlined in Attachment G. Also known as the "Guarantee Period" or "Performance
Period".
"Operational Costs" commonly referred to as O&M costs, shall include the cost of operating and maintaining the
Facilities, such as, but not limited to, the cost of inside and outside labor to repair and maintain affected systems and
equipment, the cost of custodial supplies, the cost of replacement parts, the cost of deferred maintenance, the cost of
lamp and ballast disposal, and the cost of new capital equipment.
"Option A" is a verification approach that is designed for projects in which the potential to perform needs to be
verified, but the actual on-going, year over year performance can be stipulated based on the results of the "potential
to perform and generate Savings" verification and engineering calculations. Option A involves procedures for
verifying that:
• Baseline conditions have been properly defined; and
• The equipment and/or systems that were contracted to be installed have been installed; and
• The installed equipment components or systems, at the end of 1he construction period, meet the specifications of the
contract in terms of quantity, quality, and rating; and
• The installed equipment is operating and performing in accordance with the specifications in the contract and meeting all
functional tests.
• The "potential to perform and generate Savings" may involve pre-retrofit and post-retrofit measurements or
may be based on manufacturer and vendor data.
"Option B" is for projects in which the potential to perform and generate Savings needs to be verified; and actual
performance needs to be measured (verified). Option B involves procedures for verifying the same items as Option
Attachment F (Form Rev. 10/06 - Modified for Florida Statutes) Page 2 of 9
A plus verifying actual performance of equipment component or system. Performance verification techniques
involve engineering calculations with metering and monitoring for verifying that:
• The installed equipment components or systems, each year of the performance period, meet the specifications of the
contract in terms of quantity, quality and rating, and operation and functional performance.
"Option C" is also for projects in which the potential to perform needs to be verified and actual performance
during the term of the contract needs to be verified. Option C involves procedures for verifying the same items as
Option A plus verifying achieved energy savings during the term of the contract using whole building utility meter
analysis performance verification techniques .
"Option D" is a verification technique where calibrated simulations of the baseline energy use and/or calibrated
simulations of the post-installation energy consumption are used to measure Savings from the Energy Conservation
Measures. Option D can involve measurements of energy use both before and after the Retrofit for specific
equipment or energy end use as needed to calibrate the simulation program. Periodic inspections of the equipment
may also be warranted. Energy consumption is calculated by developing calibrated hourly simulation models of
whole-building energy use, or equipment sub-systems in the baseline mode and in the post-installation mode and
comparing the simulated annual differences for either an average year or for conditions that correspond to the
specific year during either the baseline or post-installation period.
"Performance Phase or Period" Also know as the "Guarantee Period" or "Measurement and Verification Period".
"Potential-to-Save" or "Potential-to-Perform" by an ECM is satisfied when a measure is properly installed and
has the potential to generate predicted levels of energy cost avoidance. Verification of an ECM's "potential-to-save"
is satisfied upon CUSTOMER's signing of Attachment J or an equivalent Delivery and Acceptance Certificate.
Also see "Option A".
"Retrofit" is the work provided by HONEYWELL as defined by the "ECMs."
"Retrofit and Support Costs" are the sum of the (i) the financing payments required to be made by CUSTOMER
pursuant to the Financing Document; and (ii) the payments required to be made by CUSTOMER for Support
Services.
"Retrofit Isolation Method (RIM) or Approach" is an M&V approach that verifies the Guarantee Savings using
techniques that isolate the energy use of the ECM and affected systems separate from the energy use of the rest of
the facility. This method is used to mitigate the interactive energy effects of changes made to the facility outside of
HONEYWELL's control.
"Savings" is defined as avoided, defrayed, or reallocated costs.
"Support Services" is defined as the services to be provided by HONEYWELL and described in Attachment D.
"Term" shall have the meaning as defined in Section 2 hereof.
"Total Guarantee Year Savings" is defined as the summation of avoided Energy and Operational Costs realized
by Facilities in each Guarantee Year as a result of the Retrofit and Support Services provided by HONEYWELL as
well as Excess Savings, if any, carried forward from previous years.
2. TERM AND TERMINATION
2.1 Guarantee Term. The Term of this Guarantee Period shall commence on the first (1st) day of the month
following the date of Final Project Acceptance of the Work installed pursuant to this Agreement and shall terminate
at the end of the Guarantee Period unless terminated earlier as provided for herein. The Term of this Guarantee
Period is defined in Section 1 of Attachment G.
2.2 Guarantee Termination. Given that both parties recognize that the energy and operational savings can
only be achieved if the systems and equipment are properly maintained throughout the Guarantee Term, Customer
agrees that the savings guarantee set forth herein is dependent upon the continuation of any existing Support
Services Agreements by HONEYWELL or by OTHERS. Customer shall continue to contract with Honeywell for
the Energy Auditing and Analysis Services set forth in this Agreement for the entire term of the savings guarantee
term. Should this Agreement, or other existing Agreements covering systems and equipment not covered in this
Attachment F (Form Rev. 10/06 - Modified for Florida Statutes) Page 3 of 9
Agreement, be terminated (including, as applicable, the Support Services Agreement - Attachment D) in whole or
in part for any reason prior to the end of the Term, the Guarantee for the Guarantee Year in which such termination
becomes effective shall be prorated as of the effective date of such termination, with a reasonable adjustment for
seasonal fluctuations in Energy and Operational Costs, and the Guarantee for all subsequent Guarantee Years shall
be null and void.
3. SAVINGS GUARANTEE
3.1 Guarantee Savings. HONEYWELL guarantees to CUSTOMER that the identified Facilities will realize
the total energy and operational cost avoidance through the combined value of all ECMs over the Term of the
contract as defined in Section 1 of Attachment G. In no event shall the savings guarantee provided herein exceed
the total installation, support services, and financing costs for the Work under this Agreement.
3.1.1 Additional Savings Before Final Project Acceptance. All energy and operational cost avoidance
realized by CUSTOMER that result from activities undertaken by HONEYWELL prior to Final Project Acceptance,
including any utility rebates or other incentives earned as a direct result of the installed Energy Conservation
Measures or Support Services provided by HONEYWELL, will be applied toward the Guaranteed Savings for the
First Guarantee Year.
3.1.2 Additional Savings After Final Project Acceptance. Additional energy and/or operational cost
avoidance, including any utility rebates or other incentives, that can be demonstrated, or earned, as a result of
HONEYWELL's efforts that result in no additional costs to CUSTOMER beyond the costs identified in this
Agreement will be included in the guarantee savings reconciliation report for the applicable Guarantee Year(s).
3.1.3 Cumulation of Savings. The Guaranteed Savings in each Guarantee Year are considered satisfied if the
Total Guarantee Year Savings for such Guarantee Year equals or exceeds the Retrofit and Support Costs for such
Guarantee Year, or the amount identified in Section 1 of Attachment G hereto.
3.1.4 Excess Savings. In the event that the Total Guarantee Year Savings in any Guarantee year exceed the
Guaranteed Savings required for that Guarantee Year, such Excess Savings shall not be carried forward and applied
against Guaranteed Savings shortfalls in any future Guarantee Year. In the event HONEYWELL has previously
paid CUSTOMER for a Guaranteed Savings shortfall in a past Guarantee Year, pursuant to Section 3.1.5, then
Excess Savings in current Guarantee Year shall be billed to CUSTOMER (but only up to any amounts previously
paid by HONEYWELL for a shortfall and CUSTOMER shall pay HONEYWELL within thirty (30) days after
receipt of such bill.
3.1.5 Savings Shortfalls. In the event that the Total Guarantee Year Savings in any Guarantee Year is less than
the Guaranteed Savings required for that Guarantee Year, after giving credit for any Excess Savings carried forward
from previous Guarantee Years pursuant to Section 3.1.4, HONEYWELL shall, upon receipt of written demand
from CUSTOMER, compensate CUSTOMER the amount of any such shortfall, in such form as agreed to by the
parties, limited by the value of the guarantee, within forty-five (45) days. Resulting compensation shall be
HONEYWELL's sole liability for any shortfall in the Guaranteed Savings.
3.1.6 Aggregation of Savings. The parties mutually agree that the Guarantee Savings for this Agreement and
the Guarantee Savings for all previous active Energy and Operational Guaranteed Cost Avoidance projects for this
CUSTOMER shall be combined each year until the end of the original guarantee term for each project. Throughout
the duration of the term for the each specific phase the total savings will be utilized as an aggregate in satisfying the
sum of the respective guarantees.
3.2 Savings Reconciliation Documentation. HONEYWELL will provide CUSTOMER with a guarantee
savings reconciliation report after each Guarantee Year. CUSTOMER will assist HONEYWELL in generating the
savings reconciliation report by providing HONEYWELL with copies of all bills pertaining to Energy Costs within
two (2) weeks following the CUSTOMER's receipt thereof, together with access to relevant records relating to such
Energy Costs. CUSTOMER will also assist HONEYWELL by permitting access to any maintenance records,
drawings, or other data deemed necessary by HONEYWELL to generate the said report. Data and calculations
utilized by HONEYWELL in the preparation of its guarantee cost savings reconciliation report will be made
available to CUSTOMER, along with such explanations and clarifications as CUSTOMER may reasonably request.
3.2.1 Acceptance of Guarantee Reconciliation. At the end of each Guarantee Year CUSTOMER will have
forty-five (45) days to review the guarantee savings reconciliation report and provide written notice to
Attachment F (Form Rev. 10/06 - Modified for Florida Statutes) Page 4 of 9
HONEYWELL of non-acceptance of the Guarantee Savings for that Guarantee Year. Failure to provide written
notice within forty-five (45) days of the receipt of the guarantee savings reconciliation report will deem it accepted
by CUSTOMER.
3.2.2 Guarantee Savings Reconciliation. Guarantee Savings will be determined in accordance with the
methodology(s), operating parameters, formulas, and constants as described below and/or defined in Attachment G
and/or additional methodologies defined by HONEYWELL that may be negotiated with CUSTOMER at any time.
For reconciliation of Guarantee Savings employing the method of utility bill analysis consistent with F.E.M.P.
Option C:
Energy usage for the Facilities for such Guarantee Year will be summarized and compared with the adjusted
Baseline Period energy usage for the Facilities through the use of energy accounting software. The difference
between the adjusted Baseline Period energy usage and the Guarantee Year energy usage will be the Energy
avoidance. The difference between the adjusted Baseline Period energy usage multiplied by the applicable energy
rate as defined in Attachment G, and the Guarantee Year energy usage multiplied by the applicable energy rate as
defined in Attachment G, will be used to calculate the Energy Cost avoidance. Energy Cost avoidance may also
include, but are not limited to, Savings from demand charges, power factor correction, taxes, ratchet charges, rate
changes and other utility tariff charges that are reduced as a result of the HONEYWELL involvement. A Baseline
will be specified (Section I of Attachment G) for the purpose of utility bill analysis.
AND/OR for those energy audits employing the method consistent with I.P.M.V.P. and/or F.E.M.P. Options A
and/or B:
For each ECM, HONEYWELL will employ an M&V Plan which may be comprised of any or all of the following
elements:
I . Pre-retrofit model of energy consumption or demand
2. Post retrofit measured energy consumption
3. Post-retrofit measured demand and time-of-use
4. Post-retrofit energy and demand charges
5. Sampling plan
6. Stipulated Values
The value of the energy savings will be derived from the measured data and engineering formulae included herein,
and the applicable energy charges as defined in Attachment G. In some cases, energy usage and/or demand will be
calculated from measured variables that directly relate to energy consumption, demand or cost, such as, but not
limited to, measured flow, temperature, current, voltage, enthalpy or pressure.
AND/OR for those energy audits employing the method consistent with I.P.M.V.P. and/or F.E.M.P. Option D:
For each Energy Conservation Measure, HONEYWELL will employ an M&V Plan that may be comprised of any
or all of the following elements:
1. Pre-retrofit model of energy consumption or demand
2. Post retrofit model of energy consumption or demand
3. Post retrofit measured energy consumption
4. Post-retrofit measured demand and time-of-use
5. Post-retrofit energy and demand charges
6. Sampling plan
7. Stipulated Values
The value of the energy savings will be derived from a calibrated simulation of either the whole-building or of sub-
systems in the building to determine the difference in the performance of the specific equipment being replaced.
This method may entail as needed one-time measurements of the performance of the energy consuming systems in
the building in order to calibrate the simulation model. Energy usage for the Facilities for such Guarantee Year will
be derived through the use of simulation programs.
3.3 Operational Cost Avoidance. The agreed-upon Operational Cost Avoidance as described in Attachment
G (Schedule of Savings) will be deemed realized upon execution of this Agreement and will begin to accrue on the
date of the completion and acceptance of each Retrofit improvement or on the commencement date for Support
Services (Article 6.2.3), whichever comes first. These Savings are representative of information provided by the
CUSTOMER consisting of either whole or partial budgeted operational costs and as such, it is hereby understood
Attachment F (Form Rev. 10/06 - Modified for Florida Statutes) Page 5 of 9
and agreed that the CUSTOMER is wholly responsible for assuring that these budgeted Operational Costs are
accurate and achievable. Implementation of this Agreement (including, as applicable, the Support Services
Agreement) allows for the reallocation or defrayal of such budgeted Operational Costs. The CUSTOMER
acknowledges and agrees that, if it did not enter into this Agreement, it would have to take future steps to achieve
the same ends as does the work included in Attachment A of this contract, and that, in doing so, it would incur
operational costs of at least equal to the operational costs stated in Attachment G per year over the life of the
contract. The CUSTOMER agrees that, by entering into this agreement, it will avoid future operational costs in at
least this amount.
3.4 Base Year Adjustments. Baseline Period shall be adjusted to reflect: changes in occupied square footage;
changes in energy-consuming equipment, including any repairs or improvements made to the equipment as part of
this Agreement; changes in the Facilities; changes in Energy and Operational Cost Avoidance Guarantee Practices
adversely affecting energy consumption and/or demonstrated operational changes; changes in weather between the
Baseline Period and the Guarantee Year; and documented or otherwise conclusively established metering errors for
the Baseline Period and/or any Guarantee Year adversely affecting energy usage measurement.
3.4.1 Facility Operational Changes. Except in the case of emergencies, CUSTOMER agrees it will not, without
the consent of an Authorized Representative of HONEYWELL: make any significant deviations from the applicable
Energy and Operational Cost Avoidance Guarantee Practices; put any system or item of equipment in a permanent
"on" position, if the same would constitute a deviation from the applicable Energy and Operational Cost Avoidance
Guarantee Practices; or assume manual control of any energy management system or item of equipment, if the same
would constitute a deviation from the applicable Energy and Operational Cost Avoidance Guarantee Practices.
3.4.2 Hours and Practices. To achieve these energy savings, HONEYWELL and CUSTOMER agree upon the
operating practices listed in Attachment G.
3.4.3 Activities and Events Adversely Impacting Savings. CUSTOMER shall promptly notify
HONEYWELL of any activities known to CUSTOMER which adversely impact HONEYWELL's ability to realize
the Guaranteed Savings and HONEYWELL shall be entitled to reduce its Guaranteed Savings by the amount of any
such adverse impact to the extent that such adverse impact is beyond HONEYWELL's reasonable control.
3.4.3.1 If for any reason any facility and/or utility meter covered under this Agreement is materially unoccupied,
closed, or discontinued, the CUSTOMER shall promptly notify HONEYWELL within fifteen (15) days of this
change. The savings will be deemed realized for such facilities or meters and the Guarantee will be adjusted
accordingly. HONEYWELL will provide written notice of such adjustment to the CUSTOMER.
3.5 Guarantee Adjustment. HONEYWELL's Guaranteed Savings obligations under this Agreement are
contingent upon: (1) CUSTOMER following the Energy and Operational Cost Avoidance Guarantee Practices set
forth herein and in Attachment G; (2) no alterations or additions being made by CUSTOMER to any of the Covered
Systems and Equipment without prior notice to and agreement by HONEYWELL; (3) CUSTOMER sending all
current utility bills to HONEYWELL within two (2) weeks after receipt by CUSTOMER, if CUSTOMER fails to
provide current utility bills for a period of time in excess of six (6) months HONEYWELL will send CUSTOMER
written notice that it must send HONEYWELL copies of the utility bills and if CUSTOMER still fails to comply
within thirty (30) days, HONEYWELL may, at its sole discretion, deem the Guarantee Savings obligation met
during that period and any successive periods, and (4) HONEYWELL's ability to render services not being
impaired by circumstances beyond its control. To the extent CUSTOMER defaults in or fails to perform fully any
of its obligations under this Agreement, HONEYWELL may, in its sole discretion, adjust its Guaranteed Savings
obligation; provided, however, that no adjustment hereunder shall be effective unless HONEYWELL has first
provided CUSTOMER with written notice of CUSTOMER's default(s) or failure(s) to perform and CUSTOMER
has failed to cure its default(s) or failure(s) to perform within thirty (30) days after the date of such notice.
4. EXTENT OF CONTRACTUAL GUARANTEE
4.1 Status of the Honeywell Proposal. CUSTOMER's Request for Proposal, Honeywell's proposal and any
other documents submitted by Honeywell to the Customer prior to negotiation of this Agreement are expressly
excluded from and are not a part of this Agreement. The parties agree that although the Honeywell Proposal may
have contained scope items, guarantee savings and M&V options other than those stated in this Agreement, the
Scope of Work, Schedule of Savings, and M&V plan were developed jointly by the parties through negotiation.
Attachment F (Form Rev. 10/06 - Modified for Florida Statutes) Page 6 of 9
The CUSTOMER has chosen to purchase the scope of work set forth in Attachment A. The CUSTOMER accepts
the Energy Guarantee and Schedule of Savings and agrees to the M&V plan set forth in Attachments F and G.
5. CUSTOMER RESPONSIBILITIES PROVISIONS
5.1. Equipment Subject to these Provisions. Equipment affecting the performance of the Energy Saving
Guarantee includes (1) equipment provided as per Attachment A - Scope of Work, (2) modifications made to
existing equipment as outlined in Attachment A - Scope of Work, (3) existing or new equipment not provided or
modified under this Agreement but materially affected by the work provided per Attachment A - Scope of Work
and consuming energy or water via utility meters covered by this Agreement.
5.2. CUSTOMER Maintenance and Replacement Responsibilities. During the term of this Agreement, for
all equipment covered by the Energy Savings Guarantee of this Agreement, the CUSTOMER shall perform on-
going maintenance and accomplish component replacement and equipment repairs in accordance with
manufacturer's standards and practices and take all reasonable measures to insure the equipment is operating at full
efficiency. Component replacement and equipment repairs must be accomplished in a timely fashion. Additionally,
CUSTOMER shall insure such equipment is operated at all times in accordance with applicable manufacturer's
specifications, HONEYWELL specifications, and the requirements of Attachments F and G contained herein. For
all non-HONEYWELL maintenance actions, CUSTOMER shall document and make available to HONEYWELL
maintenance dates and tasks accomplished, the start date and duration of all deficient equipment operation and the
subsequent corrective action and/or repair dates. Failure of the CUSTOMER to operate the equipment per the
specifications, repair any deficiencies in a timely manner, and perform the ongoing maintenance functions in
accordance with the standards and practices during the Guarantee period will allow HONEYWELL to adjust the
Guarantee accordingly. Minimum maintenance responsibilities for the equipment provided under this contract are
included in Exhibit F-1 attached hereto and incorporated herein by reference.
5.2.1. CUSTOMER shall replace any vandalized or any failed equipment or component no longer warranted by
HONEYWELL or the manufacturer, with equipment or components of equal or greater efficiency value than
installed by HONEYWELL, for the full Guarantee Term.
5.2.2. CUSTOMER shall be responsible to investigate and correct any reported deficiencies not covered under
this Support Services Agreement.
5.3. CUSTOMER Granted Access for Remote Diagnostics. CUSTOMER shall allow HONEYWELL to
perform remote diagnostics on all equipment associated with the Energy Savings Guarantee for operational
compliance with the manufacturer's specifications, and the requirements of Attachment D, Attachment F and
Attachment G contained herein. CUSTOMER shall provide one or both of the following described in section 5.3.1
or 5.3.2, as applicable.
5.3.1. Dial-In Remote Access: CUSTOMER is responsible for implementation and costs for first-time
installation and on-going maintenance and subscription fees for two (2) dedicated phone lines and two (2) modems)
at each front-end computer and one (1) dedicated phone line at each controller not hardwire connected to a front-
end computer.
5.3.2. TCP/IP Remote Access: CUSTOMER is responsible for implementation and costs for remote Honeywell
access through CUSTOMER's firewall(s) to the controllers and front-end computer(s) by one (1) Measurement and
Verification Specialist including but not limited to a dedicated static IP address, installation and on-going
maintenance and subscription and licensing fees for access hardware and software and one(]) station license
dedicated to the remote user.
5.4. CUSTOMER Reporting Responsibilities. CUSTOMER shall report to HONEYWELL in writing
within fifteen (15) days of the following changes or events. The Guarantee or the realized Cost Avoidance will be
adjusted accordingly. Failure to do so will result in adjustment of the Guarantee.
(1) any additional energy source or change in existing energy source or supplier that the CUSTOMER may
negotiate during the term of this Guarantee and/or,
(2) any material change in system or equipment status, including replacement of, addition to, or modification of
existing energy and/or water consuming systems or equipment and/or,
(3) any long term temporary (equal to or greater than 10 days) or permanent changes in operating schedules and/or,
Attachment F (Form Rev. 10/06 - Modified for Florida Statutes) Page 7 of 9
(4) any facility and/or utility meter covered under this Agreement that becomes materially unoccupied, closed, or
discontinued and/or,
(5) any material change in the payment schedule, such as due to refinancing or variable interest rate.
5.5. CUSTOMER Governmental Unit Reporting Responsibilities. CUSTOMER is solely responsible for
reports to be submitted to the Department of Commerce, Public Utilities/Serv ices Commission, or any other
governmental agency or governmental unit.
5.6. CUSTOMER Provided Documentation. It will be the responsibility of the CUSTOMER to provide to
the M&V specialist on a minimum monthly basis (unless noted otherwise):
(1) Verification that equipment installed to perform the ECMs has been properly maintained, including but limited
to provision of maintenance records.
(2) Current status of the buildings (i.e., occupancy level and use, hours of operation, etc.).
(3) Records of customer initiated changes in equipment setpoints, start/stop conditions, usage patterns.
(4) Records of customer initiated changes in operation of mechanical systems, which may impact the ECMs.
(5) Records regarding addition or deletion of equipment or building structure, which may impact the ECMs or the
building energy consumption.
(6) Copies of monthly utility bills and utility summary data on a monthly basis, and access to utility accounts
through an authorization by the CUSTOMER to the Utility to allow the release of data to a Honeywell
representative.
5.7. CUSTOMER Rebate Responsibilities. It is understood that all energy rebates and/or refunds are the
result of an agreement between CUSTOMER and the utility company and HONEYWELL assumes no responsibility
for obtaining said rebates and/or refunds. It is understood that said rebates and/or refunds are not included in the
Guarantee.
5.8. Material Changes in Enerav Units & Cost Avoidance.
5.8.1. Reported Material Changes. CUSTOMER shall deliver to HONEYWELL a written notice describing and
explaining all actual or proposed Material Changes in the Premises or in the operations in the Premises and their
anticipated effect on energy use. Said Notice must be delivered to HONEYWELL no less than seven (7) days before
any actual or proposed Material Change occurs.
5.8.1.1. For purposes of this provision, a Material Change is defined as any change in the following which
reasonably could be expected to increase or decrease energy used at the Premises by a value more than five percent
(5%) of the Guaranteed energy Savings per utility meter or submeter:
(1) manner of use of the Premises by Client;
(2) hours of operation of any equipment or facilities or energy systems contained in the Premises;
(3) occupancy of the Premises;
(4) structure of the Premises;
(5) types of equipment used in the Premises; or
(6) conditions affecting energy use in the Premises.
5.8.2. Unreported Material Changes. In the absence of any material Changes in the Premises or in their
operations, energy consumption and demand should not change from year to year. Therefore, if energy consumption
and demand per utility meter or submeter for any month increases by five percent (5%) of the Guaranteed Savings
per meter or more from the energy consumption and demand for the same month of the preceding contract year after
adjustment for changes to climactic conditions, then such increase shall be deemed to have resulted from a Material
Change, except where such increase is due to equipment malfunction, faulty repair or other acts of negligence by
HONEYWELL.
5.8.3. Adiustments for Material Changes. In the event of any increase or decrease in energy consumption and
demand for any month resulting from a reported or unreported Material Change, the amount of that increase shall be
subtracted from or that decrease shall be added to the total energy consumption and demand for that month prior to
the calculation of energy savings pursuant to Attachments F and G.
5.8.3.1. If a reported or unreported Material Change affected energy consumption and demand in the same
calendar month in the preceding year, the next preceding contract year where a Material Change has not occurred
will be used to compute the value of the Material Change and the energy savings for the current month.
Attachment F (Form Rev. 10/06 - Modified for Florida Statutes) Page 8 of 9
--- End of Attachment F ---
Attachment F (Form Rev. 10/06 - Modified for Florida Statutes) Page 9 of 9
Exhibit F-1
Maintenance Requirements
In order to ensure proper equipment operation and efficiency, all equipment must be maintained and
operated in accordance with manufacturer requirements. The following list provides minimum
maintenance requirements for typical HVAC equipment proposed. Additional maintenance shall be
performed as necessary, based on manufacturer recommendations.
The Customer will be responsible for documenting all maintenance and providing maintenance records
to Honeywell upon request.
Rooftop Units
Monthly Inspection
Q Inspect Air Filters monthly and replace or clean whenever they become dirty.
Quarterly Inspection
i Visually inspect condition and operation of unit. Check for unusual noises and vibration.
0 Inspect evaporator and condensing coils and clean whenever they become dirty.
0 Inspect fan blower and clean whenever they become dirty.
EI Check drip pans and drain lines. Clean as necessary
0 Replace pan treatment as necessary (Follow Mfg. recommendations)
E1 Check controls for proper settings and operation.
0 Verify proper lubrication of blower motors and bearings (Follow Mfg. recommendations)
0 Check supply air temperature
EI Check condition of fan wheels and housings
0 Verify that the condenser fan is clear of any obstructions. Clean as necessary.
Q Verify belt tension is appropriate. Replace belts as necessary.
13 Make necessary adjustments & corrections.
Annual Inspection
0 Visually inspect condition of Heat Exchanger and clean as necessary.
0 Visually inspect condition of Evaporator and Condenser Coils and clean as necessary
M Typically, compressors are factory shipped with a normal charge of the correct type refrigerant
grade oil in them and should rarely require additional oil. The service technician must be certain
the proper oil level is maintained in the compressor when it is installed and running.
0 Tighten all electrical connections (Follow Mfg. recommendations)
0 Inspect wiring for chafing, burning, or deteriorated insulation
D Verify all compressor and starter contacts are operational and have free movement
0 Inspect refrigerant system for potential leaks
13 Verify proper economizer operation as applicable.
Exhibit F-1 - Maintenance Requirements Pg 1 of 2
Dehumidification Units
Monthly Inspection
l Inspect Air Filters monthly and replace or clean whenever they become dirty. Install proper filter
per manufacturer's recommendations. (moisture resistant, disposable, active carbon, etc)
0 Verify all belts are in good condition and that the tension is appropriate
Quarterly Inspection
13 Inspect evaporator and condensing coils and clean whenever they become dirty.
0 Check drip pans and drain lines. Clean as necessary
0 Visually inspect condition and operation of unit. Check for unusual noises and vibration.
Q Inspect evaporator and condensing coils and clean whenever they become dirty.
0 Inspect fan blower and clean whenever they become dirty.
13 Replace pan treatment as necessary (Follow Mfg. recommendations)
0 Check controls for proper settings and operation.
0 Check supply air temperature
l Check condition of fan wheels and housings
0 Verify that the condenser fan is clear of any obstructions. Clean as necessary.
6 Month Inspection
M Visually inspect condition sight refrigerant sight glass and verify that there are no bubbles
present after 10 minutes of compressor operation. (as applicable)
M Verify that the compressor discharge temperature is appropriate per the manufacturer's
specifications.
D Check controls for proper settings and operation.
0 Check supply air temperature
13 Check condition of fan wheels and housings
0 Verify that the condenser fan is clear of any obstructions. Clean as necessary.
13 Make necessary adjustments & corrections.
Annual Inspection
0 Verify proper lubrication of blower motors and bearings (Follow Mfg. recommendations)
0 Inspect air heat transfer coils and clean whenever they become dirty. (Follow Mfg.
recommendations for cleaning)
13 Tighten all electrical connections (Follow Mfg. recommendations)
0 Inspect wiring for chafing, burning, or deteriorated insulation
Q Verify all compressor and starter contacts are operational and have free movement
0 Inspect refrigerant system for potential leaks
Exhibit F-1 - Maintenance Requirements Pg 2 of 2
ATTACHMENT G
SCHEDULE OF SAVINGS
1. Schedule of Savings
The total energy and operational Cost Avoidance over the Term of the contract is equal to or greater than $4,964,669
as defined in the table below:
YEAR ENERGY OPERATIONAL TOTAL
1 $104,377 $80,387 $184,764
2 $107,508 $82,799 $190,307
3 $110,733 $85,283 $1.96,016
4 $114,055 $87,841 $201,896
5 $117,477 $90,476 $207,953
6 $121,001 $93,191 $214,192
7 $124,631 $95,986 $220,617
8 $128,370 $98,866 $227,236
9 $132,221 $101,832 $234,053
10 $136,188 $104,887 $241,075
11 $140,274 $108,033 $248,307
12 $144,482 $ l 11,274 $255,756
13 $148,816 $114,613 $263,429
14 $153,281 $118,051 $271,332
15 $157,879 $121,593 $279,472
16 $162,615 $125,240 $287,856
17 $167,494 $128,998 $296,49 l
18 $172,519 $132,867 $305,386
19 $177,694 $136,853 $314,548
20 $183,025 $140,959 $323,984
TOTALS $2,804,640 $2,160,029 $4,964,669
or the sum of the Retrofit and Support Costs for such Guarantee Year, whichever is less. Provided further, in no
event shall the cost avoidance guarantee provided herein exceed the total installation, maintenance, and financing
costs for the Work under this Agreement. Proforma budget neutral or positive cash flows are not guaranteed.
The Term of the Guarantee Performance Period is 20 years, subject to Attachment F.
1.1 Enery-y Savings. The first year amount of energy savings is the sum of the below listed ECMs. The
schedule of savings does not include the absolute increase in energy use due to the implementation of measures to
increase environmental comfort as directed by the customer, and other baseline adjustments (see 1.3.1.1). The
Guaranteed savings are less than the Projected savings, represented in Exhibits G-6 through G-9. The Cost
Avoidance is based on the listed Energy and Operational Cost Avoidance Guarantee Practices contained in Section
1.3 herein.
Att A
No. [a] ECM
Description Electric
Year 1 Non-Electric
Year 1 Water
Year 1 Total
Year 1
1 Install Pool Dehumdification $0 $90,618 $0 $90,618
2 Replace Roof Top Units $5,18 $0 $0 $5,187
3 Lighting Upgrades $6,95 $0 $0 $6,956
4 Domestic Hot Water Heat Recovery $0 $1,616 $0 $1,616
Totals $12,143 $92,234 $ 0 $104,377
[a] Att A: Attachment A, Scope of Work.
Customer agrees that the baseline for the unit cost of energy will be adjusted each year of the guarantee term. This
annually adjusted value of energy unit cost is stipulated as the new baseline in each succeeding year. Customer
agrees that baseline adjustment is stipulated to be an escalation of 3% per year for the unit cost of electric utilities and
3% per year for gas utilities used in the determination of cost avoidance each year.
1.2 Operational Cost Savings. The annual guarantee of operational cost avoidance strategies are listed below.
The Savings are based on the listed Energy and Operational Cost Avoidance Guarantee Practices contained in
Section 1.3 herein. The operational cost savings described below and identified in Section 1 are deemed satisfied
upon contract execution. The Customer acknowledges and agrees that, if it did not enter into this agreement, it
Attachment G (Form Rev. 11-06) Page 1 of 6 Revised 10/20/08
would have to take future steps to achieve the same ends as does the work included in Attachment A of this contract,
and that, in doing so, it would incur operational costs of at least the amount per year over the life of the performance
period as presented below and in the Schedule of Savings. The Customer agrees that, by entering into this
agreement, it will avoid future operational costs in at least these amounts.
Further, the Customer acknowledges that operational cost savings categorized as capital cost avoidance are part of, or
are causally connected to scope of work specified in Attachment A (i.e., the ECMs being implemented), and are
documented by industry standard engineering methodologies acceptable to the Customer.
Customer agrees that the baseline for the unit cost of operations will be adjusted each year of the guarantee term.
This annually adjusted value of operational unit cost is stipulated as the new baseline in each succeeding year.
Customer agrees that baseline adjustment is stipulated to be an escalation of 3% per year for operational costs used in
the determination of operational cost avoidance each year.
The operational cost avoidance values were identified, reviewed, and agreed to by the Evaluation Committee for this
project, including Margie Simmons (Finance Director), Rick Carnley (Asst Director, General Services), Chuck
Warrington (Managing Director, Clearwater Gas), Brian Langille (Gas Supply Engineer), Mike Quillen (Engineering
Director), and George McKibben (Purchasing Manager).
A
Att Cost Avoidance 1" Year
OSD# Operational Savings Description (OSD) .
Ref Category Cost
. (O&M, Capital,) Avoidance
1 Extended Periodic Painting and Corrosion Control Al O&M $50,000
Reduced Maintenance with Honeywell Service of Roof Top A2 O&M 387
$ 30
2 Units ,
Total $80,387
[a] O&M: operations and maintenance.
1.3 Enerev and Operational Cost Avoidance Guarantee Practices:
1.3.1 BASELINE Operatinz Parameters are the facility(s) and system(s) operations measured and/or observed
before commencement of the Work. The data summarized will be used in the calculation of the baseline energy
consumption and/or demand and for calculating baseline adjustments for changes in facility operation that occur
during the Guarantee Period. HONEYWELL and CUSTOMER agree that the operating parameters specified in this
section are representative of equipment operating characteristics during the Baseline Period specified in this
Agreement. The following data was collected with the assistance of Rick Carnley, Assistant Director, General
Services.
The Baseline Period is defined as January 2006 to December 2006 .
The Contractual Baseline consists of the Baseline Conditions and Baseline Operating Parameters collected from the
Baseline Period and modified by Baseline Adjustments, as necessary, as defined herein and by the Exhibits to
Attachment G.
Baseline operating parameters are stipulated in <Baseline Operating Parameters> attached hereto and incorporated
herein as Exhibit G-1. See Energy Savings Calculations, attached hereto and incorporated herein as Exhibit G-6
through G-9 for further information regarding stipulated baseline parameters.
1.3.1.1 Pre-Retrofit Baseline Adjustments: The following describes the adjustments that have been made during
the determination of the Baseline, prior to the determination of the projected cost avoidance and the guaranteed cost
avoidance. The adjustments are due to those projects included in Attachment A, or other known events, which
increase energy use prior to the application of the ECMs.
A. Operation of Natatorium Push Pull Ventilation System:
The natatorium was initially designed with a push pull ventilation system to limit the concentration of pool
chemicals in the space air and provide for some space conditioning. The system is not in operation at this
time. This is causing excessive condensation on the building structure during cold weather. Additionally,
Attachment G (Form Rev. 11-06) Page 2 of 6 Revised 6/11/08
the only source of heat is through the pool heaters. This causes excessive evaporation of pool water. The
existing system provided for the introduction and exhaust of 60,000 cfm of outdoor air during occupied
periods. The air was to be maintained at a temperature of 80 deg F to limit the heat losses from the pool
water. Honeywell has calculated the expected operating cost of the existing ventilation system. Honeywell
utilized an energy simulation program to generate the expected operational. The inputs for and the results
of the simulation are presented in exhibit G-6.
Additionally, the existing pool heating system is the only source of heat for the space. This is causing
excessive evaporation of the pool water requiring additional heat to be added to the pool water. Honeywell
has simulated the expected pool heating load had the existing ventilation system been operating and
maintaining the space temperature at baseline levels. The calculated pool energy use is lower than the
existing pool energy use.
The pool de humidification ECM will use the calculated energy use of the ventilation system and the pool
heating system as the baseline for calculating energy savings.
The parameters, methodologies, and/or calculations used in determining the Pre-Retrofit Baseline Adjustments are
incorporated herein as Exhibit G-4.
Routine and non-routine future post-retrofit baseline adjustments are discussed in section 1.4.4.
1.3.2 GUARANTEE PERIOD Operating Parameters of the facility(s) and system(s) after completion of
Work. The Customer agrees to operate, or cause to effect the operation of the Work in such manner that is
in accordance with the Guaranteed Period Operating Parameters. The data summarized will be used in the
calculation of the post-retrofit energy consumption and/or demand. HONEYWELL and CUSTOMER
agree that the proposed operating parameters specified in this section are representative of equipment
operating characteristics during the Guarantee Period specified in this Agreement. And, further, that they
are agreed to be reasonable and may be used in the calculation of the cost avoidance, as if the site is
actually operating per the parameters outlined exhibit G-2.
Guarantee Period operating parameters are stipulated in Guarantee Period Operating Parameters attached hereto and
incorporated herein as Exhibit G-2.
1.3.2.1 Post-Retrofit Baseline Adjustments: The following describes known future events, events not captured
in section 1.3.1.1., which generally increase energy use compared to the Baseline Period. This energy use is added
to the baseline to determine an adjusted baseline against which the energy and energy cost avoidance will be
determined. Energy increases are variable and dependant on the actual use of equipment.
A. De-humidification of Natatorium:
The natatorium does not have the ability to control humidity levels within the space. Honeywell has
calculated the expected electrical cost associated with controlling the humidity level within the space
utilizing a standard direct expansion refrigeration system. The system load is a function several different
factors. These factors are listed below:
Qpooi evaporative load= Space load as a result of water evaporating from the pool surface. This load is a function
of the activity level in the pool, the temperature differential between the pool water and space and the space
humidity level. The pool evaporative load has to be made up by the pool water heaters. The peak load was
calculated to be 602,000 btu per hour. The annual hourly load profile (the % of peak value per hour) was
calibrated to the existing pool water heat addition presented in exhibit G-1.
Qenvelope load= Space load as a result of outside air temperature, solar radiation, envelope resistance to
conductive heat transfer, glass properties, and building orientation.
Qoccupancy Space load due to the number of people occupying the space and activity level of the people.
Qrsht;ns = Space load due to electrical lighting in the space.
Attachment G (Form Rev. 11-06) Page 3 of 6 Revised 6/11/08
Qequipment Space load due to electrical equipment operating in the space.
The energy use associated with the dehumidification process is a function of both the load being served by
the equipment and the efficiency of the equipment. The efficiency of the equipment is also a function of
the outside air temperature.
These variables were input into an energy simulation software package in order to generate the expected
energy use of the equipment utilized to dehumidify the space. The inputs are presented in exhibit G-4.
The results of the simulation are used as a post retrofit baseline adjustment for the natatorium de-
humidification project. The energy use and resulting cost are the projected use of the de humidification
equipment to be installed as part of the energy conservation measure. These values are presented in exhibit
G-4.
The known post retrofit adjustments to the baseline conditions used in the determination of energy and energy cost
avoidance are included in Exhibit G and attached hereto and incorporated herein as Exhibit G-4.
1.3.3 Operational Cost Avoidance: The following parameters, methodologies, and/or calculations were used in
determining the Operational Costs and/or avoided costs due to the Retrofit and Support Services implementation
and are agreed to be reasonable and may be used in the calculation of the cost avoidance.
Operational cost avoidance methodology and/or calculation details are attached hereto and are incorporated herein
as the exhibits outlined in the following table
osn Operational Savings Cost Avoidance Methodology Exhibit
# Description
Natatorium Painting Calculation of estimated Labor & Material Savings due to reduced G-10
1 and Corrosion Repair humidity levels and reduced chemical content of air ins ace.
Existing units are past their expected useful lives, have experienced
2 Reduced Rooftop Unit numerous costly repairs over the last few years, and will require G-10
Maintenance extensive maintenance or replacement.
The operational savings measures and which budget line items or invoice categories that are affected, are cross-
referenced in each Operational Savings Cost Avoidance Detail in the Exhibits.
[a] O&M: operations and maintenance.
1.3.4 Other energy and ot)eratine savings measures: The following measures were not included in the
guarantee but may be used during the term in the determination of realized cost avoidance, or calculation of
performance versus the guarantee, or to show value-add to the Customer:
Att A
No. Description of Attachment A Tasks not included in Sections 1.1 or 1.2 above
3 Reduced maintenance and labor costs for lighting upgrades
Attachment G (Form Rev. 11-06) Page 4 of 6 Revised 6/11/08
1.4 Guarantee Savings Measurement and Verification Plan
1.4.1 Measurement and Verification Methodolosy(s):
Energy Conservation
Measure Electric Savings Verification
Method Fuel Savings Verification
Method Other Utility Savings
Verification Method
Pool Dehumidification Option A/stipulated to Option A/stipulated to N/A
engineering calculations engineering calculations
Roof Top Unit OPTION A N/A
Replacement
Lighting OPTION A w/ Stipulated N/A N/A
Burn Hours
Domestic Hot Water N/A OPTION A N/A
Heat Recovery
A description of M&V options applicable to this program are included in the Measurement and Verification Options
Matrix, attached hereto and incorporated herein as Exhibit G-0.
1.4.2 Enerav Cost Avoidance: The following describes the Measurement and Verification procedures,
formulas, and stipulated values which may be used in the calculation of the energy cost avoidance. The
calculation of energy cost avoidance is based upon the utility rate paid during the Guarantee Year, or the
Baseline Period utility rate, whichever produces the higher cost avoidance and/or as defined heretofore.
Energy cost avoidance may also include, but is not limited to, Savings from demand charges, power factor
correction, taxes, ratchet charges, rate changes and other utility tariff charges that are reduced as a result of
the HONEYWELL involvement. The Customer is responsible for procuring a ratchet reset from the local
utility company, as applicable. In case any ratchets are not reset the following adjustment will be made -
energy cost avoidance will be calculated as if the ratchet has been reset at the end of the installation of
electrical demand reducing ECMs.
1.4.2.1 Natatorium Dehumidification
The existing natatorium is not dehumidified. The energy conservation measure will install a specialized
pool dehumidification unit to maintain the natatorium space at 60% Relative humidity and 84°F. The heat
of rejection from the unit associated with the refrigeration process will be recovered with the use of heat
exchangers to offset the energy required to maintain the main pool at 82°F and the Therapy pool at 84°F
and the space at 84°F. The electrical energy use of the dehumidification system will be used as a baseline
adjustment for this project, resulting in no electrical savings for this project. The amount of heat recovered
from the process will reduce the energy consumption of the existing ventilation system and the pool water
heaters.
The same energy simulation utilized in the post retro fit baseline adjustment was utilized to determine the
energy savings associated with the heat recovery. For each hour of the simulation the potential energy
recovery available from the dehumidification cycle was checked against the pool heating energy
requirements (in the form of the pool evaporative load) and the space energy requirement. If the
dehumidification cycle was calculated to not be operating or if it was operating but enough heat was not
available to offset the heating required by the space and the pool, the auxiliary heating requirement was
calculated. The auxiliary heating requirement was used as the expected energy use of the facility post
retro-fit. The existing heating requirement for the pool during the baseline period is added to the baseline
adjustment to determine the baseline used for the energy savings calculation. The difference between the
baseline energy use and the calculated post retrofit auxiliary energy is use is the calculated savings for
natural gas for this ECM.
The pre retrofit energy use for this ECM will be stipulated to the results of the Pre retrofit baseline
adjustment energy simulation and the existing baseline period pool energy use. Post retrofit, Honeywell
will measure the energy efficiency of the dehumidification process to determine that the energy efficiency
utilized in the simulation corresponds to efficiency of the installed unit.
Attachment G (Form Rev. 11-06) Page 5 of 6 Revised 6/11/08
1.4.2.2 Roof Top Unit Replacement
Honeywell will replace 8 roof top units that serve areas of the long center other than the natatorium. These
units are past their expected useful life. The energy efficiency of the new units will be much greater than
the existing units. The calculations assume that the space loads served by these units during the baseline
period will be similar to future space loads at the facility resulting in similar load factors. The load factor
utilized in the energy savings calculations is 10% lower than the buildings energy load factor during the
baseline period. The 10% lower load factor is used as a safety factor in the determination of cost
avoidance. The current unit energy efficiencies will be stipulated for the purpose of determining cost
avoidance. The energy efficiencies of the post retrofit units will also be stipulated.
1.4.2.3 Lighting
Honeywell will replace the existing lighting in the natatorium and the gymnasium with higher efficiency
fixtures. The existing light fixtures will have a representative sample measured for power consumption
levels. The results of the measurement will be compared against the power consumption utilized in the
energy savings calculations for accuracy. The post retrofit fixtures power consumption will also be have a
representative sample measured. The difference in the post retrofit fixture power consumption and pre
retrofit power consumption levels will be multiplied by the annual run time hours for each fixture. The
annual run time hours will be stipulated for the duration of the contract.
1.4.2.4 Domestic Hot Water Heat Recovery
Honeywell will install heat recovery equipment on two of the new roof top units to recover the rejected
heat from the refrigeration process to heat domestic hot water at the facility. Honeywell has calculated the
expected energy use of the domestic hot water used in the locker rooms at the facility. Honeywell has
calculated that 10% of the time that roof top units are running, there will be an opportunity to recover the
heat for domestic hot water use. The amount of energy available for heat recovery is a function of the
calculated energy use of the roof top unit. The amount of energy utilized by an 18 ton unit for this facility
was calculated for the roof top replacement ECM. The calculated value of heat recovery will be stipulated
for the term of the contract.
1.4.3 Specific ECM M&V Plan(s): Specific M&V plans are displayed in Exhibit G-0.
1.4.4 Constants: The constants and/or stipulated values defined in the Exhibits to Attachment G, or as defined
herein are mutually agreed to by the Customer to be reasonable and may be used in the determination of
the cost avoidance.
1.4.5 Exhibits and Schedules: The following Exhibits are attached hereto and are made a part of this
Agreement by reference.
1.4.5.1 Exhibits
Exhibit G-0 Measurement & Verification Plan Details
Exhibit G-1 Baseline Operating Parameters
Exhibit G-2 Guarantee Period Operating Parameters
Exhibit G-3 Contractual Baseline Conditions, Utility Use, Utility Unit Costs
Exhibit G-4 Pre-Retrofit Baseline Adjustments
Exhibit G-5 Known Future Post-Retrofit Baseline Adjustments
Exhibit G-6 ECM-1 - Pool Dehumidification Cost Avoidance Calculation
Exhibit G-7 ECM-2 - Roof Top Unit Replacement Cost Avoidance Calculation
Exhibit G-8 ECM-3 Lighting Upgrades Cost Avoidance Calculation
Exhibit G-9 ECM-4 Domestic Hot Water Heat Recovery Cost Avoidance Calculation
Attachment G (Form Rev. 11-06) Page 6 of 6 Revised 6/11/08
EXHIBIT G-0
Measurement & Verification Plan Details
EXHIBIT G-0 Measurement & Verification Plan Details
ECM 1: Install Pool Dehumidification
The purpose of this ECM is to improve the relative humidity of the pool area. The scope of this ECM
includes:
a) Replacement of the existing non-operative unit
1) Description/Rationale for ECM and M&V Method: A Retrofit Isolation Methodology (Option A)
with performance and operational parameters stipulated and agreed upon as displayed in the
engineering calculations was selected to determine the energy unit displacement and cost avoidance.
The M&V methodology will provide assurance that the ECM has the potential to perform as installed.
This method was selected as a cost effective approach providing an acceptable balance between the
cost of doing M&V versus the quantity of projected Cost Avoidance.
2) Boundary of Energy Use and Cost Avoidance Determination: The energy cost avoidance
determination for this ECM is isolated to the natural gas usage projected for reheat and
dehumidification of the Natatorium space.
3) Baseline: Baseline Condition sand Planned & Unplanned Baseline Adiustment Conditions The
baseline and adjustments are defined in Section 1.3 above.
4) Potential-to-Save Verification Plan The verification of potential-to-save will be based on review of
subcontractor documents and as-built observations to verify that the quantity, nameplate capacity,
nameplate efficiency and operational scheduling of the ECM meet the intent of the Engineered Savings
Calculations.
5) Parameters to be Monitored & Sampling Plan: Limited to Verification of Potential to Perform as
indicated above. Customer agrees that the engineering calculations presented are stipulated and
represent the guarantee period operational performance and energy savings accrued.
6) Determination of Energy & Cost Avoidance: Customer agrees that the engineering calculations
presented are stipulated and represent the guarantee period operational performance and energy
savings accrued.
7) Determination of Non-Energy Operational Cost Impact: Calculation of estimated Labor & Material
Savings due to reduced humidity levels and reduced chemical content of air in space.
8) Customer Responsibilities The guarantee is contingent on the Customer successfully fulfilling the
following tasks:
a) cause to effect preventative maintenance and annual inspections
b) maintain post retrofit operational use as projected and displayed in the engineering calculations
c) as delineated in the Energy Guarantee Special Provisions outlined in Attachment D and
Attachments F and G.
d) provide Honeywell with notification of changes that would impact the baseline of this ECM.
9) On-Going Activities: In accordance with Attachment D.
10) Reports & Documentation: There will be a single (1) annual report of the determination of energy
avoidance each year, subject to Attachment D and Attachment F.
ECM 2: Roof Top Unit Replacement
The purpose of this ECM is to improve mechanical, electrical efficiency in various mechanical systems.
The scope of this ECM includes:
a) The replacement of eight (8) root top units
Exhibit G-0 Page I of 4 Proprietary and Confidential
EXHIBIT G-0
Measurement & Verification Plan Details
1) Description/Rationale for ECM and M&V Method: A Retrofit Isolation Methodology (Option A)
with performance and operational parameters stipulated and agreed upon as displayed in the
engineering calculations was selected to determine the energy unit displacement and cost avoidance.
The M&V methodology will provide assurance that the ECM has the potential to perform as installed.
This method was selected as a cost effective approach providing an acceptable balance between the
cost of doing M&V versus the quantity of projected Cost Avoidance.
2) Boundary of Energy Use and Cost Avoidance Determination: The energy cost avoidance
determination for this ECM is isolated to electrical energy use associated with improved efficiency due
to the replacement of the root top units.
3) Baseline: Baseline Condition sand Planned & Unplanned Baseline Adiustment Conditions The
baseline and adjustments are defined in Section 1.3 above.
4) Potential-to-Save Verification Plan The verification of potential-to-save will be based on review of
subcontractor documents and as-built observations to verify that the quantity, nameplate capacity,
nameplate efficiency and operational scheduling of the ECM meet the intent of the Engineered Savings
Calculations.
5) Parameters to be Monitored & Sampling Plan: Limited to Verification of Potential to Perform as
indicated above. Customer agrees that the engineering calculations presented are stipulated and
represent the guarantee period operational performance and energy savings accrued.
6) Determination of Energy & Cost Avoidance Customer agrees that the engineering calculations
presented are stipulated and represent the guarantee period operational performance and energy
savings accrued.
7) Determination of Non-Energy Operational Cost Impact: Existing units are past their expected useful
lives and have experienced numerous costly repairs over the last few years.
8) Customer Responsibilities The guarantee is contingent on the Customer successfully fulfilling the
following tasks:
a) cause to effect preventative maintenance and annual inspections
b) maintain post retrofit operational use as projected and displayed in the engineering calculations
c) as delineated in the Energy Guarantee Special Provisions outlined in Attachment D and
Attachments F and G.
d) provide Honeywell with notification of changes that would impact the baseline of this ECM.
9) On-Going, Activities: in accordance with Attachment D.
10) Reports & Documentation: there will be a single (1) annual report of the determination of energy
avoidance each year, subject to Attachment D and Attachment F.
ECM 3: LIGHTING RETROFIT
The purpose of this ECM is to increase the efficiency of the lighting systems by retrofitting or replacing
selected existing lighting fixtures with new energy efficient lamps and ballasts which will provide
significant reductions in both the electrical demand and consumption
1) Description/Rationale for ECM and M&V Method: A Retrofit Isolation Methodology (Option A)
with performance and operational parameters stipulated and agreed upon as displayed in the
engineering calculations was selected to determine the energy unit displacement and cost avoidance.
The M&V methodology will provide assurance that the ECM has the potential to perform as installed.
This method was selected as a cost effective approach providing an acceptable balance between the
cost of doing M&V versus the quantity of projected Cost Avoidance..
Exhibit G-0 Page 2 of 4 Proprietary and Confidential
EXHIBIT G-0
Measurement & Verification Plan Details
2) Boundary of Energy Use and Cost Avoidance Determination The energy cost avoidance
determination for this ECM is isolated to the electrical lighting energy.
3) Baseline: Baseline Condition sand Planned & Unplanned Baseline Adiustment Conditions The
baseline and adjustments are defined in Section 1.3 above.
4) Potential-to-Save Verification Plan The verification of potential-to-save will be based on review of
subcontractor documents and as-built observations to verify that the quantity, nameplate capacity,
nameplate efficiency and operational scheduling of the ECM meet the intent of the Engineered Savings
Calculations.
5) Parameters to be Monitored & Sampling Plan: The sampling methodology will utilize measurements
taken on switches or breakers and include five percent (5%) of fixtures per technology type (lamp and
ballast combinations). Due to minimal quantities and accepted energy usage, the exit signs and
incandescent lamps will not be measured. Operational parameters (hours) are stipulated in accordance
with Exhibit G-5 in order to calculate the potential to save.
6) Determination of Energy & Cost Avoidance Customer agrees that the engineering calculations
presented are stipulated and represent the guarantee period operational performance and energy
savings accrued.
7) Determination of Non-Energy Operational Cost lmaact: Not Applicable.
S) Customer Responsibilities The guarantee is contingent on the Customer successfully fulfilling the
following tasks:
a) maintain post retrofit operational use as projected and displayed in the engineering calculations.
b) as delineated in the Energy Guarantee Special Provisions outlined in Attachment D and
Attachments F and G.
c) provide Honeywell with notification of changes that would impact the baseline of this ECM.
9) On-Going Activities: in accordance with Attachment D.
10) Reports & Documentation: there will be a single (1) annual report of the determination of energy
avoidance each year, subject to Attachment D and Attachment F.
ECM 4: Domestic Hot Water Heat recovery
The purpose of this ECM is to reduce the natural gas usage associates with the production of domestic hot
water by reclaiming the waste heat from the pool dehumidifier. By the process of cooling the pool space
temperature, the waste heat can be reclaimed and used to pre-heat the domestic hot water. The scope of
this ECM includes:
1) Description/Rationale for ECM and M&V Method: A Retrofit Isolation Methodolog (Option A)
with performance and operational parameters stipulated and agreed upon as displayed in the
engineering calculations was selected to determine the energy unit displacement and cost avoidance.
The M&V methodology will provide assurance that the ECM has the potential to perform as installed.
This method was selected as a cost effective approach providing an acceptable balance between the
cost of doing M&V versus the quantity of projected Cost Avoidance.
2) Boundary of Energy Use and Cost Avoidance Determination: The energy cost avoidance
determination for this ECM is isolated to thermal energy use associated with pre-heating the domestic
hot water.
Baseline: Baseline Condition sand Planned & Unplanned Baseline Adiustment Conditions The baseline
and adjustments are defined in Section 1.3 above.
Exhibit G-0 Page 3 of 4 Proprietary and Confidential
EXHIBIT G-0
Measurement & Verification Plan Details
3) Potential-to-Save Verircation Plan The verification of potential-to-save will be based on review of
subcontractor documents and as-built observations to verify that the quantity, nameplate capacity,
nameplate efficiency and operational scheduling of the ECM meet the intent of the Engineered Savings
Calculations.
4) Parameters to be Monitored & Sampling Plan: Limited to Verification of Potential to Perform as
indicated above. Customer agrees that the engineering calculations presented are stipulated and
represent the guarantee period operational performance and energy savings accrued.
5) Determination of Energy & Cost Avoidance Customer agrees that the engineering calculations
presented are stipulated and represent the guarantee period operational performance and energy
savings accrued.
6) Determination of Non-Energy Operational Cost Impact: Not applicable.
7) Customer Responsibilities The guarantee is contingent on the Customer successfully fulfilling the
following tasks:
a) cause to effect preventative maintenance and annual inspections
b) maintain post retrofit operational use as projected and displayed in the engineering calculations
c) as delineated in the Energy Guarantee Special Provisions outlined in Attachment D and
Attachments F and G.
d) provide Honeywell with notification of changes that would impact the baseline of this ECM.
8) On-Going Activities: in accordance with Attachment D.
9) Reports & Documentation: there will be a single (1) annual report of the determination of energy
avoidance each year, subject to Attachment D and Attachment F.
Exhibit G-0 Page 4 of 4 Proprietary and Confidential
Exhibit G-1
Baseline Operating Parameters
Long Center Occupancy Schedules and Space Temperature Setpoints:
Building/Unit Occupancy
Schedule Cooling
Set point Heating
Set point Notes:
Occupied: Occupied: Requires
Natatorium Sun-Sat. 84 Deg F 84 Deg F Baseline
6 AM - 10 PM Adjustment
Occupied: Occupied:
Gymnasium, Locker Rooms,
Sun-Sat:
75 Deg F
72 Deg F
Exercise Room, Hallways, 6 AM - 10 PM Unoccupied: Unoccupied:
Offices 80 De F 65 De F
Ventilation:
The Outside Air rates for the listed Air Handling Units are as follows:
Air Handling Unit Current Ventilation
Rates
(CFM
MAU-1 15000
MAU-2 15000
MAU-3 15000
MAU-4 15000
Lighting:
See Exhibit G-8 `Lighting Fixture Location' for calculated run time hours for all lighting fixtures.
Exhibit G-1
Exhibit G-2
Guarantee Period Operating Parameters
Long Center Occupancy Schedules and Space Temperature Setpoints:
Building/Unit Occupancy
Schedule Cooling
Set point Heating
Set point Relative
Humidity Notes:
Occupied: Occupied: Requires
Natatorium 24/7 84 Deg F 84 Deg F 60% Baseline
Adjustment
Occupied: Occupied:
Gymnasium, Locker Rooms,
Sun-Sat:
75 Deg F
72 Deg F
Exercise Room, Hallways, 6 AM - 10 PM Unoccupied- Unoccupied:
Offices 80 De F 65 De F
Ventilation:
The Outside Air rates for the listed Air Handling Units are as follows:
Air Handling Unit Ventilation Rates
(CFM)
Pool-1 7700
Lighting:
See Exhibit G-8 `Lighting Fixture Location' for calculated run time hours for all lighting fixtures.
Exhibit G-2 page 1 of 1 Proprietary and Confidential
EXHIBIT G-3
Contractual Baseline Conditions, Utility Use, Utility Unit Costs
ASELINE Natural
Gas:
4106654-
REGULAR aura
Gas:
4106654-
REGULAR
Natural Gas:
4106657-
POOL
Natural Gas:
4106657-
POOL
Gas Therms $ Therms $
Jan-06 426 $889 6,014 $12,093
Feb-06 406 $817 4,798 $9,292
Mar-06 353 $715 3,907 $7,568
Apr-06 394 $745 3,154 $5,707
May-06 274 $485 123 $204
Jun-06 261 $449 0 $0
Jul-06 243 $413 0 $0
Aug-06 228 $378 1 $2
Sep-06 214 $357 249 $378
Oct-06 318 $547 1,902 $3,092
Nov-06 362 $619 5,448 $8,845
Dec-06 360 $616 4,284 $6,957
FY Totals 3,839 $7,030 29,880 $54,138
Baseline Adjustment 0 $0 54,414 $88,742
Total Adjusted 3,839 $7,030 84,294 $142,880
2007 Rates
Electric - Progress Energy: GDST -11
Customer Charge $17.42
Energy Charge/kWh On-Peak $0.04659
Energy Charge/kWh Off-Peak $0.01869
Fuel Charge/kWh On-Peak $0.07508
Fuel Charge/kWh Off-Peak $0.04050
Total Charge/kWh On-Peak $26.15905
Total Charge/kWh Off-Peak $12.72585
Demand Charge/kW Base $0.85
Demand Char e/kW On-Peak $2.57
Gross Reci is Tax 2.5641%
Natural Gas - Clearwater Gas: $.4 10 Contract
Customer Charge $30.00
NonFuel Char e/Therm $0.4100
Fuel Char e/Therm $1.0900
Total Gas Charge/Therm $1.5000
State Gross Reci is Tax 2.117%
6% Franchise Fee 6.127%
Total Tax 8.245%
Total Charge $1.6237
Natural Gas - Clearwater Gas: $.4 10 Contract
Customer Charge $0.00
NonFuel Char e/Therm $0.4100
Fuel Char e/Therm $1.0900
Total Gas Charge/Therm $1.5000
State Gross Reci is Tax 2.117%
6% Franchise Fee 6.127%
Total Tax 8.2457/.
Total Charge $1.6237
NFE svc - Medium
NFE svc - No Customer Charge
Exhibit G-3 Page 1of 2 Proprietary and Confidential
EXHIBIT G-3
Contractual Baseline Conditions, Utility Use, Utility Unit Costs
Progress Energy
LVII 1JC11IC1 MWl f/ a i a'f
BASELINE c+- i iv
On Peak
kWh Charge
On-Peak
Off Peak
kWh
kWh Charge
off-Peak
Lighting
Lighting
Char e
Base Demand
Peak
Demand
Base
Demand
ELECTRIC kWh $ kWh $ kWh $ kW kW $
Jan-06 51060 $5,987 124,430 $7,843 2,018 $142 423 409 $360
Feb-06 42,320 $4,962 107,640 $6,785 2,018 $142 393 382 $334
Mar-06 53,590 $6,284 133,630 $8,423 2,018 $142 428 428 $364
Apr-06 63,710 $7,471 139,150 $8,771 2,018 $142 432 432 $367
May-06 61,640 $7,228 129,720 $8,176 1,849 $130 421 421 $358
Jun-06 70,380 $8,253 154,790 $9,756 1,849 $130 474 474 $403
Jul-06 71,990 $8,442 142,600 $8,988 1,849 $130 472 472 $401
Aug-06 65,320 $7,659 138,690 $8,742 1,849 $130 439 435 $373
Sep-06 73,140 $8,576 144,670 $9,119 1,849 $130 499 $424
Oct-06 62,560 $7,336 125,580 $7,915 1,849 $130 469 $399
Nov-06 51,290 $6,014 140,530 $8,858 1,849 $130 426 g $362
Dec-06 54,740 $6,660 159,160 $9,421 1,849 $125 423 $360
FY Totals 721,740 $84,873 1,640,590 $102,795 22,864 $1,601 442 438 $4,504
Baseline Ad ustment 286,639 $35,770 60,180 $37 043 0 $0 166 $1,860
Total Adjusted 1,008,379 $120,642 2,250,770 $139,838 22,864 $1,601 608 620 $6,364
BASELINE
Peak
Demand
Customer
Charge
Total Electric
Cost
Fixture &
Maitenance Gross
Recipts
Tax Municipal
Franchise
Fee
Total
Consumption
Billed Amt.
Unit Cost
Load
Factor
ELECTRIC $ $ $ $ $ $ kWh $ $
]an-06 $1,051 $19 $15,401 $94 $395 $965 177,508 $16,855 $0.095 s8 %
Feb-06 $982 $19 $13,223 $94 $340 $829 151,978 $14,486 $0.095 54%
Mar-06 $1,100 $19 $16,331 $94 $419 $1,023 189,238 $17,866 $0.094 61%
Apr-06 $1,110 $19 $17,879 $94 $459 $1,119 204,878 $19,551 $0.095 66%
May-06 $1,082 $19 $16,992 $89 $436 $1,063 193,209 $18,581 $0.096 64%
Jun-06 $1,218 $19 $19,779 $89 $507 $1,237 227,019 $21,612 $0.095 67%
Jul-06 $1,213 $19 $19,192 $89 $492 $1,200 216,439 $20,974 $0.097 64%
Au 06 $1,118 $19 $18,041 $89 $463 $1,129 205,859 $19,721 $0.096 67
Sep-06 $1,282 $19 $19,550 $89 $501 $1,223 219,659 $21,363 $0.097 610
Oct-06 $1,205 $19 $17,003 $89 $436 $1,064 189,989 $18,593 $0.098 s6 %
Nov-06 $1,059 $19 $16,441 $89 $422 $1,019 193,669 $17,972 $0.093 63%
Dec-06 $1,087 $19 $17,671 $89 $453 $1,095 215,749 $19,309 $0.089 71%
FY Totals $13,508 $222 $207,503 $1,091 $5,323 $12,966 2 .385,194 $226,884 $0.0951 629%16
Baseline Adjustment $5,107 $0 $79,780 $0 $2,046 $0 896,819 $154,638
Total Adjusted $18,615 $222 $287,283 $1,091 $7,369 $12,966 3,282 013 $381,521 $0.1162 58%
Exhibit G-3 Page 2 of 2 Proprietary and Confidential
Exhibit G-4
Pre-Retrofit Baseline Adjustments
A Pre Retrofit Baseline adjustment is necessary to account for the expected energy use of the existing inoperable
ventilation system. Additionally, if the ventilation system had been operable the amount energy used to heat the
pool would have been less as the energy added to the pool was also being used to heat the space. The peak
evaporative loss was calculated for the size of the pools, the desired pool temperatures, expected activity level at
peak, and the desired space temperature. A time profile was generated to account for evaporative energy losses of
the pool at off peak times. The total evaporative loss was summed for each time period. This is the calculated
energy loss for the pool. Utilizing the pool heaters rated combustion efficiency; the expected pool energy input is
then calculated. An Energy simulation was performed utilizing Carrier's Hourly Analysis Program Version 4.31
to determine the ventilation systems energy input requirements. The following inputs were utilized to determine
the expected energy use of the ventilation system to maintain the space at 84°F. The units were set to be turned off
during unoccupied periods.
NatatnHism
1. General Details:
Floor Area ........................................ ................ 24000.0 ftz
Avg. Ceiling Height .......................... ...................... 22.0 ft
Building Weight ................................ ...................... 70.0 lb/ft'
1.1. OA Ventilation Requirements:
Space Usage ................................... ...... User-Defined
OA Requirement 1 ........................... ........................ 0.0 CFM/person
OA Requirement 2 ........................... ................ 60000.0 CFM
Space Usage Defaults ............. ASHRAE Std 62-2001
2. Internals:
2.1. Overhead Lighting:
Fixture Type ........ ...... Free Hanging
Wattage ............... ................ 42000.0 Watts
Ballast Multiplier .. ...................... 1.08
Schedule ............. .................. Lights
2.2. Task Lighting:
Wattage ............... ........................ 0.0 Watts
Schedule ............. .................. Lights
2.4. People:
Occupancy .......... .................... 120.0 People
Activity Level ....... ............. Athletics
Sensible ............... .................... 710.0 BTU/hr/person
Latent ................. ................... 1090.0 BTU/hr/person
Schedule ............ . Pool Occupancy
2.3. Electrical Equipment:
Wattage ............. ....................... 0.00 W/ft'
Schedule ............ ..................... None
2.5. Miscellaneous Loads:
Sensible .............. ............................ 0 BTU/hr
Schedule ............ ..................... None
Latent ................. .................. 602350 BTU/hr
Schedule ............ .. Evaporative Load
3. Walls, Windows, Doors:
Exp. Wall Gross Area (ft2) Window 1 Qty. Window 2 Qty. Door 1 Qty.
N 4708.0 150 0 0
E 2464.0 85 0 0
W 2464.0 85 0 0
S 1800.0 8 0 0
Exhibit G-4 page 1 of 7 Proprietary and Confidential
Exhibit G-4
Pre-Retrofit Baseline Adjustments
V. Construction Types for Exposure N
Wall Type ......................................... Default Wall Assembly
1st Window Type .................................... Window Assembly
3.2. Construction Types for Exposure E
Wall Type ......................................... Default Wall Assembly
1 st Window Type .................................... Window Assembly
3.3. Construction Types for Exposure W
Wall Type ......................................... Default Wall Assembly
1 st Window Type .................................... Window Assembly
3.4. Construction Types for Exposure S
Wall Type ......................................... Default Wall Assembly
1 st Window Type .................................... Window Assembly
4. Roofs, Skylights:
Exp. Roof Gross Area (ft=) Roof Slope (deg.) Skylight Qty.
H 24000.0 0 0
4.1. Construction Types for Exposure H
Roof Type .................................................... Roof Assembly
5. Infiltration:
Design Cooling ...................................................... 0.00 CFM
Design Heating ...................................................... 0.00 CFM
Energy Analysis ..................................................... 0.00 CFM
Infiltration occurs only when the fan is off.
6. Floors:
Type ..................................... ...... Slab Floor On Grade
Floor Area ............................ ............................ 24000.0 ft'
Total Floor U-Value .............. ................................ 0.100 BTU/(hr-ft? °F)
Exposed Perimeter .............. ................................ 500.0 ft
Edge Insulation R-Value ...... .................................. 2.00 (hr-ft'- °F)/BTU
7. Partitions:
(No partition data).
Roof Assembly
Roof Details
Outside Surface Color .......................................... Dark
Absorptivity .......................................................... 0.900
Overall U-Value ................................................... 0.121 BTU/(hr-ft' °F)
RI
Layers Thickness
In Density
IbfW Specific Ht
BTU / (lb - °F) R-Value
(hr-ft' =F)/BTU Weight
Ib/ft=.
Inside surface resistance 0.000 0.0 0.00 0.68500 0.0
Steel deck 0.034 489.0 0.12 0.00011 1.4
Board insulation 1.000 2.0 0.22 6.94400 0.2
Built-up roofing 0.376 70.0 0.35 0.33200 2.2
Outside surface resistance 0.000 0.0 0.00 0.33300 0.0
Totals 1.409 8.29411 3.7
Exhibit G-4 page 2 of 7 Proprietary and Confidential
Exhibit G-4
Pre-Retrofit Baseline Adjustments
Default Wall Assembly
Wall Details
Outside Surface Color .......................................... Dark
Absorptivity .......................................................... 0.900
Overall U-Value ................................................... 0.225 BTU/(hr-ft? °F)
Wa11
Layers' Thickness
in Density
IbIf 3 Specific Ht.
BTU / (lb - °F) R-Value
(hr-ft'-°F)/BTU Weight
Ib/ftz
Inside surface resistance 0.000 0.0 0.00 0.68500 0.0
Gypsum board 0.625 50.0 0.26 0.56000 2.6
Air space 0.000 0.0 0.00 0.91000 0.0
LW concrete block 4.000 38.0 0.20 1.51500 12.7
Face brick 4.000 125.0 0.22 0.43300 41.7
Outside surface resistance 0.000 0.0 0.00 0.33300 0.0
Totals 8.624 4.43600 56.9
Window Assembly
Window Details:
Detailed Input ..................................... .................... Yes
Height ................................................ .................... 5.00 ft
Width .................................................. .................... 5.00 ft
Frame Type ............. Aluminum with thermal breaks
Internal Shade Type .......................... .................. None
Overall U-Value ................................. .................. 0.581 BTU/(hr-ft2-°F)
Overall Shade Coefficient .................. .................. 0.506
Glass Details:
Gap Type ............................................. 1/2" Air Space
Glazing Glass Type Transmissivity Reflectivity Absorptivity
Outer Glazing 1/4" blue-grn reflective 0.282 0.295 0.423
Glazing #2 1/4" blue-green tint 0.488 0.062 0.450
Glazing #3 not used 1.000 0.000 0.000
Pool Occupancy (Fractional)
Hourly Profiles:
1:School Week(
2:School
3:Summer
4:Summer
Exhibit G-4 page 3 of 7 Proprietary and Confidential
Exhibit G-4
Pre-Retrofit Baseline Adjustments
Af
Jan' Feb Mar - Apr May Jun Jul Aug Sep " Oct' Nov Dec
Design 1 1 1 1 1 4 4 4 1 1 1 1
Monday 1 1 1 1 1 3 3 3 1 1 1 1
Tuesday 1 1 1 1 1 3 3 3 1 1 1 1
Wednesday 1 1 1 1 1 3 3 3 1 1 1 1
Thursday 1 1 1 1 1 3 3 3 1 1 1 1
Friday 1 1 1 1 1 3 3 3 1 1 1 1
Saturday 2 2 2 2 2 4 4 4 2 2 2 2
Sunday 2 2 2 2 2 4 4 4 2 2 2 2
Holiday 2 2 2 2 2 4 4 4 2 2 2 2
Evaporative Load (Fractional)
Hourly Profiles:
1:Non Summer
3:Holi
AS
Jan Feb Mar Apr May Jun Jul Aug Sep, Oct Nov Dec
Design 2 2 2 2 2 2 2 2 2 2 2 2
Monday 1 1 1 1 1 2 2 2 1 1 1 1
Tuesday 1 1 1 1 1 2 2 2 1 1 1 1
Wednesday 1 1 1 1 1 2 2 2 1 1 1 1
Thursday 1 1 1 1 1 2 2 2 1 1 1 1
Friday 1 1 1 1 1 2 2 2 1 1 1 1
Saturday 2 2 2 2 2 2 2 2 2 2 2 2
Sunday 2 2 2 2 2 2 2 2 2 2 2 2
Holiday 3 3 3 3 3 3 3 3 3 3 3 3
1. General Details:
Air System Name ............................................................................ Ventilation
Equipment Type ....................................................... Packaged Rooftop Units
Air System Type .......................................................... Tempering Ventilation
Number of zones ............................................................................................. 1
2. System Components:
Ventilation Air Data:
Airflow Control .................................. ................. Constant Ventilation Airflow
Ventilation Sizing Method ................. ............................. ASHRAE Std 62-2001
Unocc. Damper Position ................... ..................................................... Closed
Damper Leak Rate ............................ ............................................................... 0 %
Outdoor Air CO2 Level ..................... ........................................................... 400 ppm
Heating Coil Data:
Setpoint ....................................................................................................... 84.0 °F
Heating Source ..................................................... Combustion - Natural Gas
Schedule .............................................................................. JFMAMJJASOND
Exhibit G-4 page 4 of 7 Proprietary and Confidential
Exhibit G-4
Pre-Retrofit Baseline Adjustments
Ventilation Fan Data:
Fan Type ................................................................................ Forward Curved
Configuration .................................................................................... Draw-thru
Fan Performance .............................................................................. ....... 1.00 in wg
Overall Efficiency .. 54 %
Schedule .................................................................................. Ventilation Fan
Average Zone Temperature ..................................................... . 80.0 °F
Return Fan Data:
Fan Type ................................................................................ Forward Curved
Fan Performance ........................................................................................ 1.00 in wg
Overall Efficiency ........................................................................................... 54 %
3. Zone Components:
Space Assignments:
Zone 1: Zone 1
Natatorium x1
4. Sizing Data (Computer-Generated):
System Sizing Data:
Ventilation Fan Airflow ................................................. ......................... 60000.0 CFM
Hydronic Sizing Specifications:
Chilled Water Delta-T .................................................. ............................... 10.0 °F
Hot Water Delta-T ........................................................ ............................... 20.0 °F
Safety Factors:
Cooling Sensible .......................................................... .................................... 0 %
Cooling Latent ............................................................. ..................................... 0 %
Heating
Zone Sizing Data:
Zone Data is not available.
5. Equipment Data
No Equipment Data required for this system.
Ventilation Fan (Fan / Thermostat)
Hourly Profiles:
1:Profile One
O = Occupied; U = Unoccupied
A!
iw nmeuW.
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Design 1 1 1 1 1 1 1 1 1 1 1 1
Monday 1 1 1 1 1 1 1 1 1 1 1 1
Tuesday 1 1 1 1 1 1 1 1 1 1 1 1
Wednesday 1 1 1 1 1 1 1 1 1 1 1 1
Thursday 1 1 1 1 1 1 1 1 1 1 1 1
Friday 1 1 1 1 1 1 1 1 1 1 1 1
Saturday 1 1 1 1 1 1 1 1 1 1 1 1
Sunday 1 1 1 1 1 1 1 1 1 1 1 1
Holiday 1 1 1 1 1 1 1 1 1 1 1 1
Exhibit G-4 page 5 of 7 Proprietary and Confidential
Exhibit G-4
Pre-Retrofit Baseline Adjustments
The energy simulation resulted in the following baseline adjustments for the facility. The June, July and August calculated natural
gas use for the system was eliminated to match existing pool heater input, showing minimum to no heating Input during this
period.
Tnhla I • Rxnected Ventilation Svstem Enerev Use
Natural Gas
Therms Fuel Non Fuel Cust Charge Tax Total
Jan 9,871 $10,759.77 $4,047.33 $30.00 $1,223.25 $16,060.35
Feb 7,364 $8,026.39 $3,019.16 $30.00 $913.13 $11,988.68
Mar 7,687 $8,379.03 $3,151.80 $30.00 $953.14 $12,513.97
Apr 4,305 $4,692.04 $1,764.93 $30.00 $534.82 $7,021.79
Ma 3,256 $3,549.17 $1,335.03 $30.00 $405.15 $5,319.36
Jun 0 $0.00 $0.00 $30.00 $2.47 $32.47
Jul 0 $0.00 $0.00 $30.00 $2.47 $32.47
Au 0 $0.00 $0.00 $30.00 $2.47 $32.47
Se 2,771 $3,020.64 $1,136.23 $30.00 $345.19 $4,532.06
Oct 3,660 $3,989.02 $1,500.49 $30.00 $455.06 $5,974.57
Nov 6,172 $6,727.83 $2,530.70 $30.00 $765.80 $10,054.33
Dec 9,328 $10,168.13 $3,824.78 $30.00 $1,156.13 $15,179.04
Totals 54,414 $59,312.03 $22,310.44 $360.00 $6,759.10 $88,741.57
The pool evaporative load profile generated the following expected pool heating requirements when maintaining
the space temperature at 84°F.
Tnhle 2 Calculated Pool Enerav Use
Therms
Fuel
Non Fuel Cust
Charge
Tax
Total
Jan 1,824 $1,987.93 $747.77 $30.00 $228.02 $2,993.71
Feb 1,681 $1,831.83 $689.05 $30.00 $210.31 $2,761.18
Mar 1,865 $2,033.23 $764.81 $30.00 $233.16 $3,061.20
Apr 1,782 $1,942.13 $730.54 $30.00 $222.82 $2,925.49
May 1,857 $2,023.87 $761.29 $30.00 $232.10 $3,047.26
Jun 0 $0.00 $0.00 $30.00 $2.47 $32.47
Jul 0 $0.00 $0.00 $30.00 $2.47 $32.47
Au 0 $0.00 $0.00 $30.00 $2.47 $32.47
Se 1,740 $1,896.83 $713.50 $30.00 $217.68 $2,858.01
Oct 1,865 $2,033.23 $764.81 $30.00 $233.16 $3,061.20
Nov 1,699 $1,851.52 $696.46 $30.00 $212.54 $2,790.53
Dec 1,716 $1,870.73 $703.68 $30.00 $214.72 $2,819.13
Totals 16,029 $17,471.30 $6,571.89 $360.00 $2,011.94 $26,415.13
The total baseline adjustment against which savings will be calculated is the difference between the current pool
energy use (Exhibit G-3) and the calculated pool energy use (Table 2) added to the calculated ventilation system
energy use (Table 1). The Baseline adjustment is summarized in the table below:
Exhibit G-4 page 6 of 7 Proprietary and Confidential
Exhibit G-4
Pre-Retrofit Baseline Adjustments
Table 2: Calculated Pre Retrofit Baseline Adiustment
Baseline Adjustment
Therms $
Jan 5,681 $6,961
Feb 4,246 $5,458
Mar 5,645 $8,007
Apr 2,932 $4,240
May 4,990 $8,163
Jun 0 $65
Jul 0 $65
Au 0 $63
Se 4,262 $7,012
Oct 3,623 $5,944
Nov 2,423 $4,000
Dec 6,761 $11,041
Total 40,563 $61,019
Exhibit G-4 page 7 of 7 Proprietary and Confidential
Exhibit G-5
Post-Retrofit Baseline Adjustments
A Pre Retrofit Baseline adjustment is required to account for the expected energy use of the pool
dehumidification system to be installed. An Energy simulation was performed utilizing Carrier's Hourly
Analysis Program Version 4.31. The following inputs were utilized to determine the expected energy use:
Natatorium
1. General Details:
Floor Area ............................................... ........ 24000.0 ft'
Avg. Ceiling Height ................................. .............. 22.0 ft
Building Weight ....................................... .............. 70.0 lb/f12
1.1. OA Ventilation Requirements:
Space Usage ......................................... User-Defined
OA Requirement 1 .................................. ................ 0.0 CFM/person
OA Requirement 2 .................................. .............. 0.32 CFM/ft'
Space Usage Defaults ............. ASHRAE Std 62-2001
2. Internals:
2.1. Overhead Lighting:
Same as Exhibit G-4
2.2. Task Lighting:
Same as Exhibit G-4
2.3. Electrical Equipment:
Same as Exhibit G-4
2.4. People:
Same as Exhibit G-4
2.5. Miscellaneous Loads:
Same as Exhibit G-4
3. Walls, Windows, Doors:
Same as Exhibit G-4
3.1. Construction Types for Exposure N
Same as Exhibit G-4
3.2. Construction Types for Exposure E
Same as Exhibit G-4
3.3. Construction Types for Exposure W
Same as Exhibit G-4
3.4. Construction Types for Exposure S
Same as Exhibit G-4
4. Roofs, Skylights:
Same as Exhibit G-4
4.1. Construction Types for Exposure H
Same as Exhibit G-4
5. Infiltration:
Same as Exhibit G-4
6. Floors:
Same as Exhibit G-4
7. Partitions:
Same as Exhibit G-4
Roof Assembly
Same as in Exhibit G-4
Exhibit G-5 page 1 of 6 Proprietary and Confidential
Exhibit G-5
Post-Retrofit Baseline Adjustments
Default Wall Assembl
Same as in Exhibit G-4
Window Assembly
Same as in Exhibit G-4
Pool Occupancy (Fractional)
Same as in Exhibit G-4
Evaporative Load (Fractional)
Same as in Exhibit G-4
Pool Dehumidification Unit
1. General Details:
Air System Name ....................... ..................................................... Ventilation
Equipment Type ......................... ............................... Packaged Vertical Units
Air System Type ......................... ........................................... Single Zone CAV
Number of zones ........................ ...................................................................... 1
2. System Components:
Ventilation Air Data:
Airflow Control ............................ ........................ Constant Ventilation Airflow
Ventilation Sizing Method .......... .......................... Sum of Space OA Airflows
Unocc. Damper Position ............ ............................................................ Closed
Damper Leak Rate ..................... ...................................................................... 0 %
Outdoor Air CO2 Level ............... .................................................................. 400 ppm
Dehumidification Data:
Maximum RH Setpoint ............... .................................................................... 50 %
Central Cooling Data:
Supply Airflow Rate .................... ........................................................... 24000.0 CFM
Coil Bypass Factor ..................... ............................................................... 0.100
Cooling Source .......................... .......................................... Water-Cooled DX
Schedule .................................... .......................................... JFMAMJJASOND
Capacity Control ........................ .... Cycled or Staged Compressor - Fan On
Central Heating Data:
Supply Temperature ................. .................................................................. 95.0 °F
Heating Source ......................... ............................ Combustion - Natural Gas
Schedule ................................... ........................................... JFMAMJJASOND
Capacity Control ....................... ..... Cycled or Staged Compressor - Fan On
Supply Fan Data:
Fan Type ................................... ............................................. Forward Curved
Configuration ............................. ........................................................ Draw-thru
Fan Performance ...................... .................................................................. 1.50 in wg
Overall Efficiency ...................... ..................................................................... 54 %
Duct System Data:
Supply Duct Data:
Duct Heat Gain ......................... ....................................................................... 0 %
Duct Leakage ............................ ....................................................................... 0 %
Return Duct or Plenum Data:
Return Air Via ............................ ................................................ Ducted Return
Return Fan Data:
Fan Type ................................... ............................................. Forward Curved
Fan Performance ...................... .................................................................. 1.00 in wg
Overall Efficiency ...................... ..................................................................... 54 %
3. Zone Components:
Space Assignments:
Zone 1: Zone 1
Natatorium X1
Exhibit G-5 page 2 of 6 Proprietary and Confidential
Exhibit G-5
Post-Retrofit Baseline Adjustments
Thermostats and Zone Data:
Zone ........................................................................ ...................................... All
Cooling T-stat: Occ ................................................. .................................... 84.0 °F
Cooling T-stat: Unocc ............................................. .................................... 84.0 °F
Heating T-stat: Occ ................................................. .................................... 84.0 °F
Heating T-stat: Unocc ............................................. .................................... 84.0 °F
T-stat Throttling Range ........................................... .................................... 2.00 °F
Diversity Factor ....................................................... ..................................... 100 %
Direct Exhaust Airflow ............................................. ...................................... 0.0 CFM
Direct Exhaust Fan kW ........................................... ...................................... 0.0 kW
Thermostat Schedule .................................................... Thermostat Schedule
Unoccupied Cooling is ....................................................................... Available
Supply Terminals Data:
Zone .............................................................................................................. All
Terminal Type ...................................................................................... Diffuser
Minimum Airflow .......................................................................................... 0.00 CFM/person
Zone Heating Units:
Zone .............................................................................................................. All
Zone Heating Unit Type ............................................................................ None
Zone Unit Heat Source ..................................................... Electric Resistance
Zone Heating Unit Schedule ................................................ JFMAMJJASOND
4. Sizing Data (Computer-Generated):
System Sizing Data:
Cooling Supply Temperature ....................................... ............................... 61.9 °F
Supply Fan Airflow ....................................................... ......................... 24000.0 CFM
Ventilation Airflow ........................................................ ........................... 7680.0 CFM
Heating Supply Temperature ....................................... ............................... 95.0 °F
Safety Factors:
Cooling Sensible .............................................................................................. 0 %
Cooling Latent .................................................................................................. 0 %
Heating ............................................................................................................. 0 %
Zone Sizing Data:
Zone Airflow Sizing Method ................................. Sum of space airflow rates
Space Airflow Sizing Method ............................. Individual peak space loads
Zone Supply Airflow
(CFM) Zone Htg Unit
(MBH) Reheat Coil
(MBH)
(CFM)
1 24000.0
5. Equipment Data
Central Cooling Unit - Water-Cooled DX
Estimated Maximum Load .............................................. ........................ 1902.0 MBH
Design EWT .................................................................... ............................ 85.0 °F
Gross Cooling Capacity .................................................. ........................ 1600.0 MBH
Compressor Power ......................................................... ........................ 125.00 kW
Central Heating Unit - Combustion
Estimated Maximum Load ........................................................................ 712.5 MBH
Heating Capacity ....................................................................................... 700.0 MBH
Average Efficiency ...................................................................................... 85.0 %
Misc. Electric ............................................................................................. 0.000 kW
Exhibit G-5 page 3 of 6 Proprietary and Confidential
Exhibit G-5
Post-Retrofit Baseline Adjustments
Thermostat Schedule (Fan t Thermostat)
Hourly Profiles:
1:Profile One
2:Profile
3:Profile Three
4:Profile Four
O = Occupied; U = Unoccupied
Assi
ants,
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Design 1 1 1 1 1 1 1 1 1 1 1 1
Monday 2 2 2 2 2 2 2 2 2 2 2 2
Tuesday 2 2 2 2 2 2 2 2 2 2 2 2
Wednesday 2 2 2 2 2 2 2 2 2 2 2 2
Thursday 2 2 2 2 2 2 2 2 2 2 2 2
Friday 2 2 2 2 2 2 2 2 2 2 2 2
Saturday 3 3 3 3 3 3 3 3 3 3 3 3
Sunday 4 4 4 4 4 4 4 4 4 4 4 4
Holiday 4 4 4 4 4 4 4 4 4 4 4 4
The energy simulation generated an hourly profile of the heating load, refrigeration load, power
consumption of the pool dehumidification unit, lighting power consumption, pump power consumption,
supply fan power consumption, and return fan power consumption. A sample of the generated output is
provided below.
Tahle 1 - Fnerov Simulation Output
Dry-
Bulb
Wet-
Bulb Central
Cooling
Coil Central
Cooling
Eqpt Central
Unit
CI Central
Heating
Coil Central
Heating
Eqpt Central
Heating
Coil
Supply
Temp Temp Load Load Input Load Load Input Fan
Month Da Hour (-F) (-F) MBH MBH k MBH MBH MBH k
Jan 1 0 68 65.8 445.9 445.9 35.3 503.5 503.5 592.3 7.8
Jan 1 1 69.1 67.2 482.6 482.6 38.8 509.6 509.6 599.5 7.8
Jan 1 2 68 66.1 451.4 451.4 35.9 530.8 530.8 624.4 7.8
Jan 1 3 68 64.9 418.7 418.7 32.8 532.5 532.5 626.4 7.8
Jan 1 4 64.9 62.5 0 0 0 185.9 185.9 218.7 7.8
Jan 1 5 64 61 0 0 0 203 .6 203.6 239.5 7.8
Jan 1 6 63 60.6 0 0 0 0 0 0 7.8
Exhibit G-5 page 4 of 6 Proprietary and Confidential
Exhibit G-5
Post-Retrofit Baseline Adjustments
Table 1 (cont.) - Energy Simulation Output
Dry-
Bulb
Temp Wet-
Bulb
Temp
Return
Fan
Pump
Electric
Lighting
kW
Month Day ? Hour (-F) (-F) k k k
Jan 1 0 68 65.8 5.2 1.9 0 50.2
Jan 1 1 69.1 67.2 5.2 1.9 0 53.7
Jan 1 2 68 66.1 5.2 1.9 0 50.8
Jan 1 3 68 64.9 5.2 1.9 0 47.7
Jan 1 4 64.9 62.5 5.2 0 0 13
Jan 1 5 64 61 5.2 0 0 13
Jan 1 6 63 60.6 5.2 0 45.4 58.4
The last column in the table is the sum of the compressor, supply fan return fan and pump power
consumption. This is the added electrical consumption that will result from the operation of the pool
dehumidification unit. Utilizing this calculated sum for each hour in the year, the current electric rate
structure is applied resulting in the table below:
Table 2 - Enerqv Simulation Cost
On
Peak
Off Peak
Peak Off
Peak
Total
kWh kWh kW kW kWh
b 6,680 25,108 91 122 31,789
7,152 24,045 96 120 31,197
6,636 33,193 92 144 39,829
r 16,781 31,091 124 145 47,872
Ma 19,029 43,966 138 146 62,995
Jun 24,999 49,705 146 146 74,704
Jul 26,518 52,865 146 146 79,382
Au 25,507 54,975 147 146 80,482
Se 20,411 45,105 137 145 65,516
Oct 19,811 38,975 136 145 58,785
Nov 7,251 31,295 106 128 38,546
Dec 6,394 25,432 84 109 31,826
187,168 455,755 120 137 642,922
Exhibit G-5 page 5 of 6 Proprietary and Confidential
Exhibit G-5
Post-Retrofit Baseline Adjustments
Tahla 9 lrnnt 1 - Fnamv Rimulatinn Cnst
On Peak
kWh Off Peak
kWh On peak
Demand Off Peak
Demand
Tax Customer
Charge Total
Charge
Jan $833.65 $1,524.27 $234.38 $103.79 $69.13 $17.42 $2,782.64
Feb $892.50 $1,459.69 $245.95 $102.09 $69.24 $17.42 $2,786.88
Mar $828.12 $2,015.06 $237.21 $122.49 $82.12 $17.42 $3,302.42
Apr $2,094.07 $1,887.47 $317.91 $123.17 $113.40 $17.42 $4,553.43
May $2,374.64 $2,669.07 $355.17 $124.02 $141.61 $17.42 $5,681.93
Jun $3,119.58 $3,017.48 $375.48 $124.10 $170.17 $17.42 $6,824.23
Jul $3,309.11 $3,209.28 $375.22 $124.36 $179.95 $17.42 $7,215.34
Au $3,182.97 $3,337.43 $376.51 $124.27 $180.03 $17.42 $7,218.63
Se $2,547.06 $2,738.23 $353.12 $123.59 $147.74 $17.42 $5,927.16
Oct $2,472.16 $2,366.07 $348.24 $123.42 $136.15 $17.42 $5,463.46
Nov $904.88 $1,899.82 $272.68 $108.89 $81.70 $17.42 $3,285.38
Dec $797.86 $1,543.92 $215.37 $92.99 $67.95 $17.42 $2,735.51
$23,356.58 $27,667.82 $3,707.23 $1,397.15 $1,439.20 $209.04 $57,777.01
The values calculated above are used as a post retrofit baseline adjustment to the electrical consumption at
the facility. This is the expected electrical operating cost of the dehumidification unit.
Exhibit G-5 page 6 of 6 Proprietary and Confidential
Exhibit G-6
Pool Dehumidification Cost Avoidance Calculations
The Savings calculation for this ECM utilizes the same energy simulation model utilized in Exhibit G-5
(Known Post retrofit baseline adjustments). In addition to the power consumption data generated, the pool
heating load is input into an additional column. The heat recovery energy available is the sum of the
central cooling load and the central unit power input (converted to heating units). A check is done to see if
the heat available is enough to supply the space heating load calculated by the simulation and the pool
heating load. If there is not enough heat to supply these loads the load will be served by auxiliary heaters.
The pool unit will have a natural gas heating section to supply heat to the space and the existing pool
heaters will be utilized as an auxiliary heating source for the pool.
The energy simulation generated an hourly profile of the heating load, refrigeration load, power
consumption of the pool dehumidification unit, lighting power consumption, pump power consumption,
supply fan power consumption, and return fan power consumption.
Tahiti 1 - Dahumidifiratinn Unit Hourly Simulation Sample Result
onth
a
our
Dry-
Bulb
Temp
(-F)
Wet-
Bulb
Temp
(-F)
Central
Cooling
Coil Load
MBH Central
Cooling
Eqpt
Load
MBH
Central
Unit Clg
Input
k
Central
Heating
Coil Load
MBH Central
Heating
Eqpt
Load
MBH
Central
Heating
Coil Input
MBH
Supply
Fan
k
--------- ----- ----- ------- ------ ----------- -------- ----------- ----------- ----------- -----------
Jan 1 0 68 65.8 445.9 445.9 35.3 503.5 503.5 592.3 7.8
Jan 1 1 69.1 67.2 482.6 462.6 38.8 509.6 509.6 599.5 7.8
Jan 1 2 68 66.1 451.4 451.4 35.9 530.8 530.8 624.4 7.8
Jan 1 3 68 64.9 418.7 418.7 32.8 532.5 532.5 626.4 7.8
Jan 1 4 64.9 62.5 0 0 0 185.9 185.9 218.7 7.8
Jan 1 5 64 61 0 0 0 203.6 203.6 239.5 7.8
Jan 1 6 63 6n F; 0 0 0 0 0 0 7.8
Table 1(cont.) - Dehumidification Unit Hourly Simulation Sample Result
D W
t
nth
ay
our ry-
Bulb
Temp
(-F) e
-
Bulb
Temp
(-F)
Return
Fan
(kW)
Pump
(kW)
Electric
Lighting
(kW)
Pool
Loss
MBH
Pool
Heat
therms
Condenser
Heat
MBH
Aux Heat
Therms
------- -- --- ---- -- -- -- ----------- --- -------- ----- -----------
Jan 1 0 68 65.8 5.2 1.9 0 30.1 0.38 566 0.0
Jan 1 1 69.1 67.2 5.2 1.9 0 30.1 0.38 615 0.0
Jan 1 2 68 66.1 5.2 1.9 0 30.1 0.38 574 0.0
Jan 1 3 68 64.9 5.2 1.9 0 30.1 0.38 531 0.4
Jan 1 4 64.9 62.5 5.2 0 0 30.1 0.38 0 2.7
Jan 1 5 64 61 5.2 0 0 30.1 0.38 0 2.9
Jan 1 6 63 60.6 5.2 0 45.4 30.1 0.38 0 0.4
30.1 0.38 0 2.2
The last column in the table is the amount of auxiliary heat that the system will require. The total natural
savings is then the existing pool heating use during the baseline period plus the pre retrofit baseline
adjustment for the inoperable ventilation system minus the calculated auxiliary heating required.
Table 2(cont.) - Simulation Auxiliary Gas Reauirement Results
Calculated Auxiliary Natural Gas Requirement
Therms
Fuel
Non Fuel Cust
Charge
Tax
Total
Jan 2180.4 $2,376.68 $894.00 $30.00 $272.13 $3,572.81
Exhibit G-6 page 1 of 2 Proprietary and Confidential
Exhibit G-6
Pool Dehumidification Cost Avoidance Calculations
Feb 1608.6 $1,753. 43 $659. 56 $30. 00 $201. 41 $2,644. 40
Mar 1268.6 $1,382. 80 $520.15 $30. 00 $159. 36 $2,092. 32
Apr 295.5 $322. 09 $121. 16 $30. 00 $39. 02 $512. 26
May 25.0 $27. 27 $10 .26 $30. 00 $5. 57 $73.10
Jun 0.0 $0. 00 $0 .00 $30. 00 $2. 47 $32. 47
Jul 0.0 $0. 00 $0 .00 $30. 00 $2. 47 $32. 47
Au 0.0 $0. 00 $0 .00 $30 .00 $2. 47 $32. 47
Se 3.3 $3.55 $1 .34 $30 .00 $2. 88 $37. 76
Oct 126.9 $138. 27 $52 .01 $30 .00 $18.16 $238. 45
Nov 1008.4 $1,099. 17 $413 .46 $30 .00 $127. 18 $1,669. 82
Dec 2154.8 $2,348. 73 $883 .48 $30 .00 $268.96 $3,531. 17
8671.5 $9,452. 01 $3,555.41 $360 .00 $1,102. 09 $14,469. 50
Exhibit G-6 page 2 of 2 Proprietary and Confidential
EXHIBIT G-7
ROOF TOP UNIT COST AVOIDANCE CALCULATIONS
COOLING EQUIPMENT UPGRADE
Honeywell
Job Name: City Of Clearwater Buildin : Long Center
OVERVIEW:
The existing 18 ton, packaged DX units located at the Long Center, which serve the Gymnasium and Weight
Room of the building is aging and less efficient than newer equipment currently available. It will all be replaced
with a new a/c system of the same type as the existing unit with a minimum of a 11 EER. This calculation
assumes an average cooling load over the period that the equipment is in operation. It also assumes that the
savings will be based upon the current building loads, including ventilation.
ASSUMPTIONS:
SYMBOL:
Present cooling energy usage ........................................ 30,888 KWH/yr A
Electrical demand period ................................................ 10 months B
Existing cooling equipment EER rating ........................... 7.7 MBTU/KWH C
New cooling equipment EER rating ................................ 11.0 MBTU/KWH D
Cooling equipment rated capacity .................................. 18 tons E
Weekly cooling system operation ................................... 60 hrs/wk F
Cooling season length .................................................... 32 wk/yr G
Avoided cost of electricity ............................................... $0.080 /KWH H
Avoided cost of demand ................................................. $3.51 /KW I
Cooling conversion factor ............................................... 12 MBTU/ton-hr
Number of units ................................................... 5
UTILITY SAVINGS CALCULATIONS:
Load Factor = 0.57
Demand Savings = 24.13 KW
Cooling Savings
Cost Savings
Guaranteed Savings
46,332 KWH/yr
_ $4,550 /yr
$4,095 /yr
Exhibit G-7 Page 1 of 5 PROPRIETARYAND CONFIDENTIAL
EXHIBIT G-8
ROOF TOP UNIT COST AVOIDANCE CALCULATION
COOLING EQUIPMENT UPGRADE
Honeywell
Job Name: City Of Clearwater Building: Long Center
OVERVIEW:
The existing 15 ton, packaged DX unit located at the Long Center, which serves the Womens Locker Room is
aging and less efficient than newer equipment currently available. It will all be replaced with a new a/c system of
the same type as the existing unit with a minimum of a 11 EER. This calculation assumes an average cooling
load over the period that the equipment is in operation. It also assumes that the savings will be based upon the
current building loads, including ventilation.
ASSUMPTIONS: SYMBOL:
Present cooling energy usage ........................................ 25,740 KWH/yr A
Electrical demand period ................................................ 10 months B
Existing cooling equipment EER rating ........................... 7.7 MBTU/KWH C
New cooling equipment EER rating ................................ 11.0 MBTU/KWH D
Cooling equipment rated capacity .................................. 15 tons E
Weekly cooling system operation ................................... 60 hrs/wk F
Cooling season length .................................................... 32 wk/yr G
Avoided cost of electricity ............................................... $0.080 /KWH H
Avoided cost of demand ................................................. $3.51 /KW
Cooling conversion factor ............................................... 12 MBTU/ton-hr
Number of units ...................................................
UTILITY SAVINGS CALCULATIONS:
Load Factor = 0.57
Demand Savings = 4.02 KW
Cooling Savings = 7,722 KWH/yr
Cost Savings = $758 /yr
Guaranteed Savings @90% =
Exhibit G-7 Page 2 of 5 PROPRIETARYAND CONFIDENTIAL
EXHIBIT G-7
ROOF TOP UNIT COST AVOIDANCE CALCULATIONS
COOLING EQUIPMENT UPGRADE
Honey ell
Job Name: City Of Clearwater Building: Long Center
OVERVIEW:
The existing 5 ton, packaged DX unit located iat the Long Center, which serves the office area is aging and less
efficient than newer equipment currently available. It will all be replaced with a new a/c system of the same type
as the existing unit with a minimum of a 11 EER. This calculation assumes an average cooling load over the
period that the equipment is in operation. It also assumes that the savings will be based upon the current
building loads, including ventilation.
ASSUMPTIONS: SYMBOL:
Present cooling energy usage ........................................ 8,580 KWH/yr A
Electrical demand period ................................................ 10 months B
Existing cooling equipment EER rating ........................... 7.7 MBTU/KWH C
New cooling equipment EER rating ................................ 11.0 MBTU/KWH D
Cooling equipment rated capacity .................................. 5 tons E
Weekly cooling system operation ................................... 60 hrs/wk F
Cooling season length .................................................... 32 wk/yr G
Avoided cost of electricity ............................................... $0.080 /KWH H
Avoided cost of demand ................................................. $3.51 /KW
Cooling conversion factor ............................................... 12 MBTU/ton-hr
Number of units ................................................... 1
UTILITY SAVINGS CALCULATIONS:
Load Factor = 0.57
Demand Savings = 1.34 KW
Cooling Savings = 2,574 KWH/yr
Cost Savings = $253 /yr
Guaranteed Savings @90% =
Exhibit G-7 Page 3 of 5 PROPRIETARY AND CONFIDENTIAL
EXHIBIT G-7
ROOF TOP UNIT COST AVOIDANCE CALCULATION
COOLING EQUIPMENT UPGRADE
Honeywell
Job Name: City Of Clearwater Building: Long Center
OVERVIEW:
The existing 4 ton, packaged DX unit located at the Long Center, which serves the hallway is aging and less
efficient than newer equipment currently available. It will all be replaced with a new a/c system of the same type
as the existing unit with a minimum of a 11 EER. This calculation assumes an average cooling load over the
period that the equipment is in operation. It also assumes that the savings will be based upon the current
building loads, including ventilation.
ASSUMPTIONS: SYMBOL:
Present cooling energy usage ........................................ 6,864 KWH/yr A
Electrical demand period ................................................ 10 months B
Existing cooling equipment EER rating ........................... 7.7 MBTU/KWH C
New cooling equipment EER rating ................................ 11.0 MBTU/KWH D
Cooling equipment rated capacity .................................. tons E
Weekly cooling system operation ................................... 60 hrs/wk F
Cooling season length .................................................... 32 wk/yr G
Avoided cost of electricity ............................................... $0.080 /KWH H
Avoided cost of demand ................................................. $3.51 /KW
Cooling conversion factor ............................................... 12 MBTU/ton-hr
Number of units ................................................... 1
UTILITY SAVINGS CALCULATIONS:
Load Factor = 0.57
Demand Savings = 1.07 KW
Cooling Savings = 2,059 KWH/yr
Exhibit G-7 Page 4 of 5 PROPRIETARYAND CONFIDENTIAL
EXHIBIT G-7
ROOF TOP UNIT COST AVOIDANCE CALCULATION
Ex 12 C x F x G
Demand Savings = load x tons x 12 x 1 _ 1
(factor lexistEER new EER
=JxExl2x 1 - 1 =K
IC D
demand oper
Cooling Savings = x ( . )
savings period
= K x F x G= L
energy (elect.) (demand) demand
Cost Savings = x + x x months
(savings cos t savings cos t
=HxL+KxBxI
Exhibit G-7 Page 5 of 5 PROPRIETARY AND CONFIDENTIAL
EXHIBIT G-8
LIGHTING FIXTURE LOCATION GUIDE AND COST AVOIDANCE CALCULATION
Total Total kWh Total
Existing Proposed Existing Proposed Existing Proposed Total Total Pre Total Saved Total kWh Total kWh Total kWh Dollars Dollars
Site Name Building Name Location Code Code Dty City kW kW Existing Description Proposed Description Vohs Hours kW Post kW kW Existing Proposed Saved Saved Saved
(1) 1000 watt Metal New 750 watt Metal Halide ballast and
Long Center Long Center Pool Long Center Pool M1000 M750K 42 42 1.0800 0.8020 Halide lamp new 750 watt Metal Halide lamp 277 3,627 43.09 32.00 11.09 156,295 116,063 40,231 $ 3,790 $ 31790
1 (1) 400 watt Metal New 1x4 High Bay wlElect. NP Be]. 8
Long Center Long Center Gym Long Center Gym M400 1484HBWG 40 40 0.4580 0.2100 Halide lamp (8) 4' TB's, wire guard 27 4,437 17.40 7.98 9.42 77,222 35,407 41,814 $ 3,938 $ 3,939
82 82 4,022 so 40 21 233,616 151,471 82,046 $ 7,729 7,729
Guaranteed Savings 890% $ 6 866
EXHIBIT G-9 1 of 1 PROPRIETARYAND CONFIDENTIAL
EXHIBIT G-9
DOMESTIC HOT WATER HEAT RECOVERY COST AVOIDANCE CALCULATIONS
Name of Facility MAIN
Natural Gas $ltherm S 1.50
Cost of Hot Water/kgai $ 11.71
Percentage of Hot Water to produce 80 Deg. F Mix 20,00%
for faucet usage
Percentage of Hot Water to produce 50.00%
103 Deg. F Mix for shower usage
Boiler Efficiency: 80°k
BTU Content of Nat. Gas: 1000W BT6AfniWm
Water Specific Heat 1 BtW(lb-F)
Cold Water Temperature: 65 F
Domestic Hot Water Temperature: 140 F
Water Density: 833 WgW
DHW USE
Fixtures No. Use Rate Frequency Days Yearly Use HW Use
4" and 8" Center Sets 12 1.50 gpm 30Mins/Day 260 140 kgals 28 kgais
I
Low flow Shower Heads 16 2.50 gpm 30Mins/Day 260 312 k gals 156 k gals
Total 452 kgais 184 kgals
Total Therms 1,438
Total Cost $2,156
18 Ton Heat Recovery Heat Availability 5,983 therms
DHW Heating Coincidence Factor 20%
DHW Heating Heat Recovery 1,197 therms
Total Savings $ 1,795.00
Total Guaranteed Savings $ 1,615.50
EXHIBIT G-9 1 oft Proprietary and Confidential
ATTACHMENT J
PROJECT ACCEPTANCE
Project Final Acceptance Procedure:
As portions of the Project near completion, the Honeywell Project Manager will start the Project Close-Out Process.
The Honeywell Project Manager shall use the Scope-of-Work (SOW) listed in Attachment A as the basis for the
Close-Out Process and shall demonstrate to the Owner's Representative that each separate item of the SOW is
substantially complete. The sign off process will be by portion of the Scope of Work or by individual Energy
Conservation Measure (ECM). After each portion of the Scope of Work has been demonstrated and a "Punch List"
detailing minor deficiencies, if any, is generated, the Owner's Representative shall execute the Delivery and
Acceptance Certificate to acknowledge substantial completion and Honeywell will complete the "Punch List"
within two weeks. Execution of this Delivery and Acceptance Certificate signifies the start of the warranty provided
in the Agreement for this portion of the Work.
Schedule of Acceptance: The acceptance process will follow the following schedule:
All ECMs by:
OR
School/Building/Facility by:
School/Building/Facility by:
OR
ECM # ECM Name Acceptance Date
Support Services: Honeywell will start the support services of the Facility in accordance with the Service
Agreement per Attachment D when the Final Delivery and Acceptance Certificate is signed.
Attachment J (Rev. 09/06) Page 1 of 2
Honeywell
FINAL DELIVERY AND ACCEPTANCE CERTIFICATE
Project Name
Agreement Effective Date:
Scope-of-Work (SOW) Item/Energy Conservation Measure (ECM):
To: Honeywell International Inc.
Reference is made to the above listed Agreement between the undersigned and Honeywell International Inc. and to
the Scope of Work as defined in Attachment A herein. In connection therewith, we confirm to you the following:
The Scope of Work (SOW) Item/ Energy Conservation Measure (ECM) referenced above and
also listed in Attachment A of the Agreement has been demonstrated to the satisfaction of the
Owner's Representative as being substantially complete
All of the Work has been delivered to and received by the undersigned and that said Work has
been examined and /or tested and is in good operating order and condition and is in all respects
satisfactory to the undersigned and as represented, and that said Work has been accepted by the
undersigned and complies with all terms of the Agreement. Consequently, you are hereby
authorized to invoice for the Final Payment, as defined in Attachment E, The Payment Schedule.
Owner Name:
By:
(Authorized Signature)
(Printed Name and Title)
(Date)
Attachment J (Rev. 09/06) Page 2 of 2