R2007-070 2007-05-14
RESOLUTION NO. R2007-70
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING A PERFORMANCE CONTRACT WITH SIEMENS
BUILDING TECHNOLOGIES, INC.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain performance contract for surveying services associated
with the Magnolia Road Improvements, a copy of which is attached hereto as Exhibit "A"
and made a part hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest a performance contract with Siemens Building
Technologies, Inc.
PASSED, APPROVED and ADOPTED this the 14th day of May, A.D., 2007.
~.".) f2~
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
(Lit. aL
DARRIN M. COKER
CITY ATTORNEY
R2007 -70
File No. 07 -0034
PERFORMANCE CONTRACTING AGREEMENT
between
and
Siemens Building Technologies, Inc.
.
TABLE OF ARTICLES
1 . Agreeme~t
2. Glossary
3. General
4. Performance Guarantee
5. Work by SIEMENS
6. The CLIENT'S Responsibility
7. Changes and Delays
8. Compensation
9. Acceptance
10. Insurance and Allocation of Risk
11. Hazardous Material Provisions
12. Miscellaneous Provisions
13. Maintenance Services Technical Support Program
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IIIIIIi
PERFORMANCE CONTRACTING AGREEMENT
Articles and Attachments
This Agreement shall consist of this document which includes the following thirteen articles and indicated Exhibits ("Contract
Documents") which are acknowledged by the CLIENT and SIEMENS and incorporated herein by this reference:
Articles
1. Agreement
2. Glossary
3. General
4. Performance Guarantee
5. Work BY SIEMENS
6. The CLIENT'S Responsibility
7. Changes and Delays
8. Compensation
9. Acceptance
10. Insurance and Allocation of Risk
11. Hazardous Material Provisions
12. Miscellaneous Provisions
13. Maintenance Services Technical Support Program
Exhibits
Exhibit A
Exhibit B
Exhibit C
Scope of Work and Services
Payment Schedule(s)
Performance Assurance
This Agreement, when accepted in writing by an authorized representative of the CLIENT and by an authorized
representative of SIEMENS, constitutes the entire, complete and exclusive agreement between the Parties. The above
documents constitute the entire Agreement between the CLIENT and SIEMENS relative to the project scope as stated in
Exhibit A and supersede all prior and contemporaneous negotiations, statements, representations, agreements, letters of
intent, awards, or proposals, either written or oral relative to the same. This Agreement may be modified only by a written
instrument signed by both Parties.
COMPENSATIONITERMS OF PAYMENT:
As full consideration for the performance of the Work and Services set forth in Exhibit A and for the Performance Assurance
set forth in Exhibit C, the CLIENT shall pay to SIEMENS the Contract Sum in such manner as agreed in Exhibit B and in
accordance with the payment terms and conditions established by the Contract Documents.
Agreed for
(Signature) by:
Print Name and Title: n er 5-14-07
Agreed for S~ie e Building ~-hnOIOgies. Inc.
(Signature) by: --= _ ~ L:George T. Burck, Jr.
.. Di...cCOOl, Accounting
Pnnt Name and Title: ~ & r"'~ 1:'
~ee -\:::>tlmpHanee
(Signature) bY:..~ ':!t':
Print Name and Title: Nae G. Bermudez
Ac::~i~t~nt ~p("rpt::lry
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A.P~.BV 1..1
-'TIAN N; DANZI
PERFORMANCE CONTRACTING AGREEMENT
Number:-6161
Article 1
AGREEMENT
b
This AGREEMENT, is made this I'" day of May, 2007 by and between Siemens Building Technologies, Inc.,
("SIEMENS") and the party identified below as the CLIENT.
The CLIENT: City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
DESIGNATED REPRESENTATIVE: Bill Eisen
PHONE: 281-652-1662 FAX: 281-652-1679
Siemens Building Technologies, Inc.
1000 Deerfield Parkway
Buffalo Grove, Illinois 60018
With offices at:
8850 Fallbrook Road
Houston, TX 77064
DESIGNATED REPRESENTATIVE: Chad Nobles
PHONE: 281-949-3000 FAX: 281-949-3100
For services in connection with the following project:
Project City of Pearland
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Article 2
Glossary
The following terms shall, for all purposes of the Contract Documents comprising this Agreement, have the meanings stated herein, unless
the context otherwise specifies or requires, or unless otherwise defined in the Contract Documents:
"Acceptance" means the CLIENT has signed the Certificate of Substantial Completion.
"Acceptance Date" means the date on which the CLIENT signs the Certificate of Substantial Completion.
"Accumulated Realized Savings" means the sum of the actual savings achieved from the Effective Contract Date of this
Agreement through the end of the current Annual Period, derived from the sum of the Measured & Verified Savings plus the
Stipulated Savings.
"Accumulated Guaranteed Savings" means the sum of the Guaranteed Measured & Verified Savings plus the Stipulated
Savings from the Guarantee Date of the Agreement through the end of the current Annual Period.
"Annual Guaranteed Savings" are the Measured & Verified Savings and the Stipulated Savings that occur in any Annual
Period of the Guarantee Term.
"Annual Period" means a twelve (12) month period beginning on the Guarantee Date or on any anniversary date thereof.
"Baseline" means a period of time or multiple periods of time that have occurred prior to project commencement, which has
been agreed upon and is set forth in Exhibit C. The energy usage, operating practices, and facility and equipment in place
during such time period represents the basis against which all future energy and operating usage will be compared in order
to determine the Accumulated Realized Savings.
"BTU" a unit of thermal energy defined as a British Thermal Unit.
"Certificate of Substantial Completion" means documentation executed by the CLIENT agreeing that the Work, or a
designated portion of the Work, is Substantially Complete in accordance with the Agreement and such Work is accepted by
the CLIENT.
"CLIENT Representative" means the person identified to SIEMENS by the CLIENT as the person authorized to make
decisions on behalf of the CLIENT as set forth in Section 6.1 (a) hereof.
"Construction Period" means the period between the Effective Contract Date and the first day of the month following the
Substantial Completion Date.
"Construction Period Savings" means the actual accumulated Measured & Verified Savings plus the Stipulated Savings
achieved from the Effective Contract Date of this Agreement until the Guarantee Date.
"Contracted Baseline" means the future annual period or multiple annual periods post-FIM implementation agreed upon
and stated in Exhibit C that define the energy usage, operating practices, and facility and equipment in place post-FIM
implementation and represents the basis on which the Guaranteed Savings are calculated.
"Deliverable" means a report or drawing specifically prepared for and deliverable to the CLIENT pursuant to the terms
hereof.
"Effective Contract Date" is the date appearing at the top of this contract, unless specifically indicated otherwise.
"Energy Conservation Measure" or "ECM" means the equipment, devices, materials and/or software as installed by
SIEMENS at the Facilities, or as repaired or replaced by the CLIENT hereunder, for the purpose of improving the efficiency
of utility consumption.
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"Equipment" means the installed products to be provided by SIEMENS as described in the Scope of Work and Services,
Exhibit A.
"Escalation Factor" means an annual escalation percentage to be applied to the previous year's Energy Savings,
Operational Savings and Technical Support Program, beginning and occurring on dates outlined in Performance Assurance,
Exhibit C.
"Facility" or "Facilities" means the building(s) or structure(s) where Work will be installed or implemented. It shall have the
same meaning as the term "Site".
"Facility Improvement Measures" or "FIMs" means the methods, techniques, application of know-how, installation of
devices or otherwise, described in the Scope of Work and Services, Exhibit A, that are undertaken by SIEMENS as a result
of this Agreement with the intent of generating net savings or efficiencies at or in connection with the operation of the
Facilities, including without limitation the ECMs, DIMs, TIMs, USMs, WCMs, SCMs and any other, non-conservation-related
activities, means or methods.
"Guarantee Date" means the date on which the CLIENT executes the final Certificate of Substantial Completion, thus
indicating that the Construction Period is complete.
"Guaranteed Measured & Verified Savings" means the Measured & Verified Savings guaranteed to be achieved as
described in the Performance Assurance, Exhibit C.
"Guaranteed Savings" means the amount of savings that this Agreement anticipates will be achieved at the Facilities
defined in this Agreement, calculated as the aggregate of the Measured & Verified Savings and the Stipulated Savings
amounts identified in the Performance Assurance, Exhibit C, but shall not exceed the aggregate of the Contract Sum; the
Performance Assurance TSP Payments; and the CLIENT'S cost of financing the Work.
"Instruments" means all reports, notes, calculations, data, drawings, estimates, specifications, manuals, documents,
excluding Deliverables, all computer programs, codes and computerized materials prepared by or for SIEMENS are
instruments of SIEMENS' work.
"kW" and "kWh" means kilowatt and kilowatt hour, respectively.
"Maintenance Services TSP" means the Services performed under a Technical Support Program as stated in the Scope of
Work and Services, Exhibit A.
"Material Change" means an event causing a 2.5% deviation in the Contracted Baseline.
"Measured and Verified Savings" means those savings that can be measured and verified by the methodology as set forth
in Performance Assurance, Exhibit C.
"Operational Improvement Measure" or "OIM" means the programs, practices, methodologies, devices, materials and/or
software as installed or instituted by SIEMENS at the Facilities, or as instituted by the CLIENT hereunder, for the purpose of
improving the efficiency of operations activities, operational costs and/or operational results as described in the Scope of
Work and Services Exhibit A.
"Parties" means the CLIENT and SIEMENS.
"Performance Assurance" is the process of ascertaining that the FIMs defined in Scope of Work and Services, Exhibit A,
are performing at the guaranteed values that are defined in Performance Assurance, Exhibit C.
"Performance Assurance TSP" means the Services performed to monitor and report the performance relative to the
guarantees defined in Performance Assurance, Exhibit C.
"Performance Guarantee" means the result of the Performance Assurance process as set forth in Exhibit C hereof.
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"Performance Guarantee Period" means the entire period from the Guarantee Date of this Agreement until the termination
or expiration of this Agreement as set forth herein.
"Permitted Users" means the CLIENT, its employees and agents.
"Realized Annual Savings" means the actual savings achieved by the CLIENT during an Annual Period, calculated as the
sum of the Measured & Verified Savings plus the Stipulated Savings.
"Savings Excess" means the Realized Annual Savings less the Annual Guaranteed Savings for the Annual Period. If the
amount is zero or greater, the Guarantee Savings in Performance Assurance, Exhibit C, has been fulfilled.
"Savings Shortfall" means the Realized Annual Savings less the Annual Guaranteed Savings for the Annual Period. If the
amount is less than zero the Guarantee Savings in Performance Assurance, Exhibit C, has not been fulfilled.
"Services" means those services to be provided by SIEMENS as described in the Scope of Work and Services, Exhibit A
and as described in Performance Assurance, Exhibit C.
"Site" shall have the same meaning as Facilities.
"Stipulated Savings" are the savings that have been mutually agreed upon and are stipulated to by SIEMENS and the
CLIENT prior to or upon implementation of the FIMs. The Stipulated Savings cannot be changed unless agreed upon by the
Parties or as set forth herein. The Stipulated Savings for each Annual Period, with the corresponding Escalation Factor if
applicable, are set forth in Performance Assurance, Exhibit C.
"Substantial Completion" or "Substantially Complete" means the first to occur of the following: (i) the Work, or any
identifiable portion thereof, is sufficiently complete, in accordance with the provisions of this Agreement relating to the
Scope of the Work and Services, Exhibit A, that the CLIENT will be able to realize from such Work substantially all of the
practical benefits intended to be gained therefrom, or otherwise to employ the Work or the FIMs associated therewith for
their intended purposes; or (ii) temporary, qualified or final certificates of occupancy, if required, have been issued with
respect to such portions of the Work by the appropriate public authority.
"Technical Support Program" or "TSP" is a plan detailing the tasks, material, and responsibilities provided by SIEMENS
to the CLIENT during a specified time period defined in the Scope of Work and Services, Exhibit A, and/or described in the
Performance Assurance, Exhibit C.
"Term" is a stipulated period of time starting on the Effective Contract Date of this Agreement and ending at the termination
or expiration of this Agreement as set forth herein.
"Technology Improvement Measure" or "TIM" means the application of new technology methods, devices, materials
and/or software as installed or instituted by SIEMENS at the Facilities for the purpose of improving the efficiency of
operations activities, operational costs and/or utility costs as described in the Scope of Work and Services, Exhibit A.
"Therm"is a measure of energy equal to 100,000 BTUs.
"Total Guaranteed Savings" are the amount of savings identified to be achievable based on calculations and adjustments as
set forth in Performance Assurance, Exhibit C. Total Guaranteed Savings includes all savings that SIEMENS has guaranteed
for each Annual Period of the Term and may also include Construction Period Savings if specified in Performance Assurance,
Exhibit C.
"Utility Services Measure" or "USM" means the application of utility services methods and technology as described in the
Scope of Work and Services, Exhibit A.
"Work" means collective labor, equipment and services comprising the FIMs to be performed by SIEMENS as described in
the Scope of Work and Services, Exhibit A.
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"Water Conservation Measure" or "WCM" means the equipment, devices, materials, programs, practices, methodologies
and/or software as installed or coordinated by SIEMENS at the Facility for the purpose of improving the efficiency of the
Facility's water consumption, as described in Scope of Work and Services, Exhibit A.
"Waste Conservation Measure" or "SCM" means the equipment, devices, materials, programs, practices, methodologies
and/or software as installed or coordinated by SIEMENS at the Facility for the purpose of improving the efficiency of
operations, activities, operational costs and/or operations results, as described in Scope of Work and Services, Exhibit A.
Article 3
General
3.1 The CLIENT hereby engages and SIEMENS hereby accepts the engagement to perform and provide the Work and
Services as set forth in Exhibit A hereof and in accordance with the terms and conditions of this Agreement.
3.2 SIEMENS shall perform the Work as an independent contractor with exclusive control of the manner and means of
performing the Work in accordance with the requirements of this Agreement. SIEMENS has no authority to act or
make any agreements or representations on behalf of the CLIENT. This Agreement is not intended, and shall not be
construed to create, between the CLIENT and SIEMENS, the relationship of principal and agent, joint venturers,
co-partners or any other such relationship, the existence of which is hereby expressly denied. No employee or agent
of SIEMENS shall be, or shall be deemed to be, an employee or agent of the CLIENT.
3.3 SIEMENS represents, warrants and, where applicable, covenants to the CLIENT that:
(a) It has all requisite corporate power and statutory authority to enter into this Agreement, and that its execution
hereof has been duly authorized and does not and will not constitute a breach or violation of any of SIEMENS'
organizational documents, any applicable laws or regulations, or any agreements with third parties;
(b) It has done and will continue to do all things necessary to preserve and keep in full force and effect its existence
and the Agreement;
(c) This Agreement is the legal, valid and binding obligation of SIEMENS, in accordance with its terms, and all
requirements have been met and procedures have been followed by SIEMENS to ensure the enforceability of the
Agreement;
(d) To SIEMENS' best knowledge, there is no pending or threatened, suit, action, litigation or proceeding against or
affecting SIEMENS that affects the validity or enforceability of this Agreement; and,
(e) It is duly authorized to do business in all locations where the Work and Service are to be performed.
3.4 The CLIENT represents, warrants and, where applicable, covenants to SIEMENS that:
(a) It has all requisite corporate power and statutory authority to enter into this Agreement, and that its execution
hereof has been duly authorized and does not and will not constitute a breach or violation of any of the CLIENT'S
organizational documents, any applicable laws or regulations, or any agreements with third parties;
(b) It has done and will continue to do all things necessary to preserve and keep in full force and effect its existence
and the Agreement;
(c) This Agreement is the legal, valid and binding obligation of the CLIENT, in accordance with its terms, and all
requirements have been met and procedures have been followed by the CLIENT to ensure the enforceability of
the Agreement;
(d) To the CLIENT'S best knowledge, there is no pending or threatened, suit, action, litigation or proceeding against
or affecting the CLIENT that affects the validity or enforceability of this Agreement; and,
(e) A licensed engineer that is not a SIEMENS officer or employee or otherwise associated with SIEMENS has
reviewed the projected energy cost savings.
Article 4
Performance Guarantee
4.1 SIEMENS guarantees that the Guaranteed Savings generated from the Guarantee Date to the last date of the
Performance Guarantee Period will be no less than the Total Guaranteed Savings shown in Performance Assurance,
Exhibit C. The measurement and verification calculation methodology for determining the Measured & Verified Savings
is set forth in Performance Assurance, Exhibit C.
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4.1.1 General. Except as otherwise provided, energy savings will be calculated for each month of each Annual Savings
Period as the product of (a) "units of energy saved" (kWh, Therms, GJ, etc.) multiplied by (b) "cost of energy."
(a) Units of energy saved are computed by a software application which is specified in Exhibit C. Units of
energy saved are calculated by subtracting current period measured units of energy consumed from the
adjusted Baseline units of energy defined in Article 5 of Exhibit C. Adjustments to the Baseline energy units
are based on factors such as weather, occupancy, operating hours, etc., and changes to the Contracted
Baseline conditions and operating practices as defined in Article 7 of Exhibit C.
(b) Costs of energy are defined in Article 6 of Exhibit C, Utility Rate Structures and Escalation Rates.
4.2 Any future escalation factors applied to utility, energy or other costs which are to be applied are set forth in Exhibit C.
SIEMENS and the CLIENT agree that the Baseline data which is set forth in Exhibit C is a full and accurate
reflection of the existing Facility, equipment, operation, business use and energy usage, and that such Baseline data
will be the basis on which all future energy use will be compared in order to determine both the Annual Realized
Savings and the Accumulated Realized Savings.
4.3 SIEMENS and the CLIENT agree that the Contracted Baseline defined in Exhibit C will represent the new operating
and/or equipment profile of the Facility resulting from the FIM implementation. The Performance Guarantee is
dependent upon and is subject to the express condition that the CLIENT operates and maintains its Facilities in
accordance with the terms of this Agreement.
4.4 The CLIENT agrees to notify SIEMENS prior to or within 30 days of any:
(a) Material Change to operating schedules, strategies, equipment and conditions in the Facility from those described
in the Contracted Baseline data.
(b) Any other Material Changes in or at the Facility that may increase or decrease energy usage, including without
limitation: changes in operations, business conducted, occupancy, hours of operation, and energy consuming
equipment and malfunctions, failures and related changes in energy consuming equipment; and
(c) Any damage to, or destruction of, the FIM Work that may result in a Material Change.
4.5 SIEMENS agrees to respond and advise the CLIENT within 30 days of the receipt of a notice of a Material Change that
SIEMENS will:
(a) Continue the Performance Assurance without adjustments;
(b) Require an adjustment to the Performance Assurance as a result of the Material Change; or,
(c) Where a commercially reasonable adjustment to the Performance Guarantee is unavailable, terminate the
Performance Assurance and terminate the Performance Guarantee.
4.6 Failure of the CLIENT to notify SIEMENS of a Material Change shall void the Performance Guarantee and the
Performance Assurance where a commercially reasonable adjustment is unavailable and where a Savings Shortfall
cannot be prevented.
4.7 Performance Guarantee Period savings reconciliation as identified in Section 4.1 will be performed at the end of each
annual period as follows unless otherwise agreed:
(a) Within thirty (30) days of the Guarantee Date the Construction Savings shall be reconciled and added to the
Accumulated Realized Savings;
(b) At each annual reconciliation, the Realized Annual Savings shall be applied to the Accumulated Realized
Savings.
1) Should the Accumulated Realized Savings be greater than the Accumulated Guaranteed Savings, a
Savings Excess shall be recorded.
2) Should the Accumulated Realized Savings be less than the Accumulated Guaranteed Savings, a Savings
Shortfall shall be recorded.
(c) A Savings Shortfall shall be paid by SIEMENS within thirty (30) days following the CLIENT'S acceptance of the
reconciliation and the amount paid shall be then added to calculate the Accumulated Realized Savings. On
amounts not paid within 30 days of CLIENT'S acceptance of the reconciliation, to the extent that the law permits
the CLIENT to pay interest on late payments to SIEMENS under Section 8.4, SIEMENS shall pay interest from
invoiCe date until the Shortfall Payment is received at the lesser of 12% per annum or the maximum rate allowed
bylaw.
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(d) If SIEMENS can correct a shortfall through an operational improvement provided that there is no expense or
material inconvenience to the CLIENT and without any future operational expenses, and the CLIENT declines to
allow such operational improvement, then any future Savings Shortfall that the improvement would have
corrected will be negated. The amount of such Savings Shortfall shall be added to calculate the Accumulated
Realized Savings.
4.8 The Performance Guarantee is dependent upon and is subject to the express condition that the CLIENT enter into and
maintain, during the entire term of the Performance Guarantee Period, the Performance Assurance TSP. If the CLIENT
fails to enter into, breaches, cancels or otherwise causes the termination of the Performance Assurance TSP this
Performance Guarantee shall terminate immediately and be void and of no force or effect. The services to be provided
under the Performance Assurance TSP are defined in Exhibit A.
4.9 The payment amount and credits based on Savings Shortfalls, if any, are the sole remedy of the CLIENT for this
Performance Guarantee. Any payments made or to be made to the CLIENT under the terms of this Performance
Guarantee shall not exceed the payments actually made by CLIENT to SIEMENS for the aggregate of the Contract
Sum; the Performance Assurance TSP Payments; and, the CLIENT'S cost of financing the Work.
4.10 The Performance Assurance TSP is the technical service to be provided by SIEMENS to the CLIENT during the
Performance Guarantee Period, commencing on the Guarantee Date. Performance Assurance TSP is defined in the
Glossary and described more fully in Exhibit A.
(a) The CLIENT represents that all existing equipment (equipment that is not installed by SIEMENS under this
Agreement) deemed necessary to achieve the Performance Guarantee is in satisfactory working condition. Prior
to the beginning of the Guarantee Period SIEMENS will have inspected all such existing equipment and report
any deficiencies to the CLIENT.
(b) If the existing equipment or Equipment installed by SIEMENS is materially altered or moved by any person,
including the CLIENT, other than SIEMENS or a person authorized by SIEMENS, the CLIENT shall promptly
notify SIEMENS in writing, and SIEMENS reserves the right to perform a reacceptance test on, or if necessary a
re-commissioning of, the system at the CLIENT'S expense.
4.11 SIEMENS will have no liability or obligation to continue providing Performance Assurance TSP Services or any
Guaranteed Savings under the Performance Guarantee in the event that the CLIENT fails to:
(a) Authorize a re-acceptance test or re-commissioning that SIEMENS reasonably deems necessary in order to
prevent a Savings Shortfall;
(b) Provide access to any Site where Work is to be performed as required by the Contract Documents;
(c) Service and maintain all equipment involved with the FIMs defined in the Scope of Work and Services, Exhibit A,
in accordance with the manufacturers' recommendations in order to prevent a Savings Shortfall; or,
(d) Provide SIEMENS with accurate Facility operating information, including energy usage and cost, executed
preventive maintenance and repair records, building or equipment additions, and occupancy levels during each
Annual Period, as soon as such information becomes reasonably available to the CLIENT.
4.12 Should the CLIENT decide to discontinue the guarantee before the end of the contract period, 30 days notice will be
given and the CLIENT will select one of the following:
(a) SIEMENS will cancel the Performance Assurance TSP and the CLIENT will re-invest the avoided cost into
building improvements and services that improve the overall building(s) performance which are implemented by
SIEMENS.
(b) SIEMENS will cancel the Performance Assurance TSP and the CLIENT will pay to SIEMENS 100% of the
remaining value left in the TSP Annual Period.
4.13 Unless expressly contrary to law, any disputes concerning the calculation of the Realized Annual Savings, the
Accumulated Realized Savings, or changes to the Contracted Baseline under this Performance Guarantee, that are
not resolved by negotiation between the Parties within thirty (30) days of the notice of the dispute, may be resolved by
a third-party professional engineering firm reasonably acceptable to both SIEMENS and the CLIENT. In such event,
SIEMENS and the CLIENT will each be responsible for half of the fees of such firm.
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Article 5
Work by SIEMENS
5.1 SIEMENS will perform the Work expressly described in this Agreement and in any work release documents or
change orders that are issued under this Agreement and signed by both Parties. The Work performed by SIEMENS
shall be conducted in a workmanlike manner.
5.2 SIEMENS shall perform the Work during its normal working hours, Monday through Friday inclusive, excluding
holidays, unless otherwise agreed herein. The CLIENT shall make the Site available in order for Work to proceed in
an efficient manner.
5.3 SIEMENS is not required to conduct safety, reacceptance or other tests, install new devices or equipment or make
modifications to any Equipment beyond the Scope set forth in this Agreement. Any CLIENT request to change the
Scope or the nature of the Work must be in the form of a mutually agreed upon change order, effective only when
executed by the Parties.
5.4 All Deliverables shall become the CLIENT'S property upon full payment to SIEMENS. SIEMENS may retain file
copies of such Deliverables. All Instruments shall remain SIEMENS' property. To the extent specified in Exhibit A,
Permitted Users shall have a right to make and retain copies of Instruments except uncompiled code, and to use all
Instruments, provided, however, that the Instruments shall not be used or relied upon by any parties other than
Permitted Users, and such use shall be limited to the particular project and location for which the Instruments were
provided. All Deliverables and Instruments provided to the CLIENT are for Permitted Users' use and only for the
purposes disclosed to SIEMENS. The CLIENT shall not transfer any Deliverables or copies of Instruments to others
or use them or permit them to be used for any extension of the Work or any other project or purpose, without
SIEMENS' express written consent. Any reuse of Deliverables or Instruments for other projects or locations without
the written consent of SIEMENS, or use other than by Permitted Users, will be at Permitted Users' and such other
user's sole risk and without liability to SIEMENS; and, unless expressly prohibited by law, the Permitted Users,
jointly and severally shall indemnify, defend and hold SIEMENS harmless from any claims, losses or damages
arising from such unauthorized use.
5.5 SIEMENS shall be responsible for any portion of the Work performed by any subcontractor of SIEMENS. SIEMENS
shall not have any responsibility, duty or authority to direct, supervise or oversee any contractor of the CLIENT or
their work or to provide the means, methods or sequence of their work or to stop their work. SIEMENS' work and/or
presence at the Site shall not relieve others of their responsibility to the CLIENT or to others.
5.6 SIEMENS warrants that:
(a) Unless otherwise agreed, all Equipment shall be new and of good quality. Until one year from the date the
Equipment is installed all Equipment manufactured by SIEMENS or bearing its nameplate will be free from
defects in material and workmanship arising from normal use and service.
(b) Labor for all Work, excluding TSP Services, is warranted to be free from defects in workmanship for one year
after the Works are performed. TSP services are warranted to be free from defects in workmanship for ninety (90)
days after the Services are performed.
5.7 Warranty Limitation:
(a) The limited warranties set forth in Section 5.6 will be void as to, and shall not apply to, any Equipment (i) repaired,
altered or improperly installed by any person other than SIEMENS or its authorized representative; (ii) subjected
to unreasonable or improper use or storage, used beyond rated conditions, operated other than per SIEMENS' or
the manufacturer's instructions, or otherwise subjected to improper maintenance, negligence or accident; (Hi)
damaged because of any use of the Equipment after the CLIENT has, or should have, knowledge of any defect in
the Equipment; or (iv) not manufactured, fabricated and assembled by SIEMENS or not bearing SIEMENS'
nameplate. However, SIEMENS assigns to the CLIENT, without recourse, any and all assignable warranties
available from any manufacturer, supplier, or subcontractor of such Equipment.
(b) Any claim under the limited warranty granted above must be made in writing to SIEMENS within thirty (30) days
after discovery of the claimed defect unless discovered directly by SIEMENS. Such limited warranty only extends
to the CLIENT and not to any subsequent owner of the Equipment. Subject to the provisions of Section 12.4, the
CLIENT'S remedy for any Equipment or Services not conforming with this limited warranty is, at SIEMENS'
option: (i) repair or replacement of defective components of covered Equipment; (ii) re-performance of the
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PERFORMANCE CONTRACTING AGREEMENT
defective portion of the Services; or, (Hi) to the extent previously paid, the issuance of a credit or refund for the
original purchase price of such defective component or portion of the Equipment or Services.
(c) SIEMENS shall not be required to repair or replace more than the component(s) of the Equipment or the portion
of the Work and Services actually found to be defective. SIEMENS' warranty liability shall not exceed the
purchase price and installation cost of the replacement item. Repaired or replaced Equipment or Services will be
warranted hereunder only for the remaining portion of the original warranty period.
5.8 THE EXPRESS LIMITED WARRANTIES PROVIDED ABOVE ARE IN LIEU OF AND EXCLUDE ALL OTHER
WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE HEREBY EXPRESSLY
DISCLAIMED. SIEMENS MAKES NO WARRANTY, EXPRESS OR IMPLIED, THAT ANY EQUIPMENT PROVIDED
HEREUNDER WILL PREVENT ANY LOSS, OR WILL IN ALL CASES PROVIDE THE PROTECTION FOR WHICH IT
IS INSTALLED OR INTENDED. THE LIMITED EXPRESS WARRANTIES AND REPRESENTATIONS SET FORTH IN
THIS AGREEMENT MAY ONLY BE MODIFIED OR SUPPLEMENTED IN A WRITING EXECUTED BY A DULY
AUTHORIZED SIGNATORY OF EACH PARTY.
5.9 SIEMENS will not be responsible for the maintenance, repair or replacement of, or Services necessitated by reason of:
(a) Non-maintainable, non-replaceable or obsolete parts of the Equipment, including but not limited to: ductwork,
shell and tubes, heat exchangers, coils, unit cabinets, casings, refractory material, electrical wiring, water and
pneumatic piping, structural supports, cooling tower fill, slats and basins, etc. unless otherwise specifically stated
herein; or
(b) CLIENT, or a third-party's, negligence, abuse, misuse, improper or inadequate repairs or modifications, improper
operation, lack of operator maintenance or skill, corrosion, erosion, improper or inadequate water treatment,
electrolytic action, chemical action, failure to comply with manufacturer's operating and environmental
requirements, Acts of God, or other reasons beyond SIEMENS' control. Unless expressly agreed in writing,
SIEMENS is not responsible for the removal or reinstallation of replacement valves, dampers, or waterflow and
tamper switches with respect to pipes and ductwork, including vent or drain system. SIEMENS ASSUMES NO
RESPONSIBILITY FOR ANY SERVICE PERFORMED ON ANY EQUIPMENT OTHER THAN FOR THAT
PERFORMED BY SIEMENS OR ITS AGENTS.
Article 6
The CLIENT'S Responsibilities
6.1 The CLIENT, without cost to SIEMENS, shall:
(a) Designate a contact person with authority to make decisions for the CLIENT regarding the Work and provide
SIEMENS with information sufficient to contact such person in an emergency;
(b) Coordinate the work of contractors under CLIENT'S sole control with the Work and Services so as not to disrupt
the Work and Services proceeding in an efficient manner.
(c) Provide or arrange for 24 hour, 7 day per week access and make all reasonable provisions for SIEMENS to enter
any Site where Work is to be performed so that Work may proceed in an efficient manner;
(d) Permit SIEMENS to control and/or operate all building controls, systems, apparatus, equipment and machinery
necessary to perform the Work;
(e) Furnish SIEMENS with blueprints, surveys, legal descriptions, waste management plans and all other available
information pertinent to the Work and any Site where the Work is to be performed as may be reasonably
requested by SIEMENS;
(f) Furnish SIEMENS with all approvals, permits and consents from government authorities and others as may be
required for performance of the Work, except for those SIEMENS has expressly agreed in writing to obtain;
(g) In accordance with Article 11 hereof, notify SIEMENS promptly of all known or suspected Hazardous Materials at
the Site, of any contamination of the Site by Oil or Hazardous Material, and of any other conditions requiring
special care or which may reasonably be expected to affect the Work, and provide SIEMENS with any available
documents describing the quantity, nature, location and extent of such materials, contamination or conditions;
(h) Comply with all laws and provide any notices required to be given to any government authorities in connection
with the Work, except such notices SIEMENS has expressly,agreed in writing to give;
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(i) Provide SIEMENS with legally required materials and information (including but not limited to Material Safety Data
Sheets) related to all Hazardous Materials located at any Site where the Work is to be performed;
U) Furnish to SIEMENS any contingency plans, safety programs and other policies, plans or programs related to any
Site where the Work is to be performed;
(k) Operate, service and maintain, whether such service and maintenance is performed by SIEMENS or by a third-
party under contract directly with the CLIENT, all Equipment according to the manufacturer's recommendations
including those set forth in the manufacturer's operating manuals or instructions, as well as all requirements of
applicable law or of authorities having jurisdiction. The CLIENT shall furnish all needed servicing and parts for
said FIMs, which parts shall become part of the FIMs. Such Equipment shall be operated only in the specified
operating environment, which shall be supplied by the CLIENT, including without limitation: (1) suitable electrical
service, including clean, stable, properly conditioned power, to all Equipment; (2) telephone lines, capacity and
connectivity as required by such Equipment; and (3) heat, light, air conditioning or other environmental controls,
and other utilities in accordance with the specifications for the Equipment;
(I) Promptly notify SIEMENS of any unusual or materially changed operating conditions, hours of usage, system
malfunctions, installed equipment or building alterations that may affect the Equipment or energy usage or any
Services; and
(m) If applicable, provide and pay for a dedicated voice grade dial-up phone line, or a mutually agreed communication
method, and install a terminal block, or an equivalent communication mechanism, in a mutually agreed upon
location. All on-line service Equipment (excluding the phone line) will remain the property of SIEMENS unless
otherwise stated herein.
6.2 Unless contrary to law, the CLIENT acknowledges that the technical and pricing information contained in this
Agreement is confidential and proprietary to SIEMENS and agrees not to disclose it or otherwise make it available to
others without SIEMENS' express written consent.
6.3 The CLIENT acknowledges that it is now and shall at all times remain in control of the project Site. Except as
expressly provided herein, SIEMENS shall not be responsible for the adequacy of the health or safety programs or
precautions related to the CLIENT'S activities or operations, the CLIENT'S other contractor, the work of any other
person or entity, or Site conditions. SIEMENS shall not be responsible for inspecting, observing, reporting or
correcting health or safety conditions or deficiencies of the CLIENT or others at the Site. So as not to discourage
SIEMENS from voluntarily addressing health or safety issues while at the Site, in the event SIEMENS does address
such issues by making observations, reports, suggestions or otherwise, the CLIENT shall not hold, or attempt to
hold, SIEMENS liable or responsible on account thereof.
Article 7
Changes and Delays
7.1 As the Work is performed, conditions may change or circumstances outside SIEMENS' reasonable control (including
changes of law) may develop which would require SIEMENS to expend additional costs, effort or time to complete
the Work, in which case SIEMENS will notify the CLIENT and an equitable adjustment will be made to SIEMENS'
compensation and the time for performance. In the event conditions or circumstances require the Work to be
suspended or terminated, SIEMENS shall be compensated for Work previously performed.
7.2 Either party may request additions, deletions, modifications or changes to the Work. Any such requests shall only
become effective upon execution of a written agreement by authorized representatives of both parties.
7.3 SIEMENS may, in its sole discretion, substitute alternative parts, goods or equipment in the performance of the
Work, provided that any such substitution shall be of an equal or better quality.
7.4 SIEMENS shall not be responsible for loss, delay, injury, damage or failure of performance that may be caused by
circumstances beyond its control, including but not restricted to acts or omissions by the CLIENT or its employees,
agents or contractors, Acts of God, war, civil commotion, acts or omissions of government authorities, fire, theft,
corrosion, flood, water damage, lightning, freeze-ups, strikes, lockouts, differences with workmen, riots, explosions,
quarantine restrictions, delays in transportation, or shortage of vehicles, fuel, labor or materials. In the event of such
delay or failure, the time for performance shall be extended by a period equal to the time lost plus a reasonable
recovery period. If any such delay exceeds sixty (60) days, SIEMENS may terminate this Agreement upon three (3)
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days notice to the CLIENT and the CLIENT shall promptly pay SIEMENS for the allocable portion of the Work
completed.
Article 8
Compensation
8.1 Unless otherwise agreed in writing, SIEMENS shall be compensated for any extra work requested by the CLIENT at
SIEMENS' then prevailing rates and shall be reimbursed for costs and expenses (plus reasonable profit and overhead)
reasonably incurred in its performance of the Work or Services. The Contract Sum provides for, and is in consideration
of, only the Work and Services specifically included under the Scope of Work and Services, Exhibit A. All other work or
services, including but not limited to the following, shall be separately billed or surcharged on a time and materials
basis:
(a) Emergency services performed at the CLIENT'S request, if inspection does not reveal any deficiency covered by
the. Scope of Work and Services, Exhibit A;
(b) Work and/or services performed at the CLIENT'S request at times other than during SIEMENS normal working
hours; and
(c) Work and/or services performed on equipment not covered by the Scope of Work and Services, Exhibit A.
8.2 Unless otherwise agreed in writing, SIEMENS may invoice the CLIENT on a monthly or other progress-billing basis.
Unless otherwise agreed in writing, invoices are due and payable upon receipt by the CLIENT. If the CLIENT disagrees
with any portion of an invoice, it shall notify SIEMENS in writing of the amount in dispute and the reason for its
disagreement within 21 days of receipt of the invoice, and shall pay the portion not in dispute.
8.3 SIEMENS, upon 30 days written notice, may suspend or terminate the Work or Services at any time if payment is not
received when due and shall be entitled to compensation for the Work or Services previously performed and for costs
reasonably incurred in connection with the suspension or termination up to and including the date of suspension or
termination.
8.4 On amounts not paid within 30 days of invoice date, the CLIENT shall pay interest from invoice date until payment is
received at the lesser of 12% per annum or the maximum rate allowed by law.
8.5 Except to the extent expressly agreed in writing, SIEMENS' fees do not include any taxes, excises, fees, duties or other
govemment charges related to the Work or Services, and the CLIENT shall pay such amounts or reimburse SIEMENS
for any amounts it pays. If the CLIENT claims that Work or Services is subject to a tax exemption or direct payment
permit, it shall provide SIEMENS with a valid exemption certificate or permit.
Article 9
Acceptance
When SIEMENS reasonably believes that all, or an independent, definable phase or portion, of the Work is Substantially
Complete, SIEMENS will submit a Certificate of Substantial or Final Completion to the CLIENT. If, in determination of the
CLIENT, the described portion of the Work as performed is Substantially Complete as defined herein, the CLIENT will
accept that Work by signing the Certificate of Substantial or Final Completion and returning it to SIEMENS. If, in
determination of the CLIENT, the Work is not Substantially Complete, then the CLIENT Representative shall notify
SIEMENS within five (5) business days of any discrepancies and SIEMENS shall correct the Work to conform to the
description of the Work set forth herein and resubmit the Certificate of Substantial or Final Completion to the CLIENT if
SIEMENS agrees with the notice of discrepancies or, if SIEMENS disagrees with the notice, notify the CLIENT of its
disagreement and such disagreement shall be resolved under the terms of this Agreement. If the CLIENT
Representative does not deliver written notice to SIEMENS within five (5) business days of receiving the Certificate of
Substantial or Final Completion, the CLIENT will be deemed to have agreed to, signed and returned the Certificate of
Substantial or Final Completion. Any disputes concerning the completion or Substantial Completion of the Work may be
resolved by submitting the issue to a third party professional engineering firm acceptable to both SIEMENS and the
CLIENT as non-binding mediation. In such event, SIEMENS and the CLIENT shall share equally the costs or fees for
such firm in connection with such dispute resolution process. In the event of a dispute as to Certificate of Substantial
Completion or Final Completion and unless otherwise determined through dispute resolution to be otherwise, the
Guaranty Date shall be the date of SIEMENS' submission of the Certificate of Substantial or Final Completion which
submission is the subject of the dispute.
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Article 10
Insurance and Allocation of Risk
10.1 SIEMENS shall maintain, at SIEMENS' expense, the following insurances while performing the Work and shall add the
CLIENT as an "Additional Insured" to each policy that is referenced in subsections (c) through and including (e) hereof:
(a) Workers' Compensation at the statutory amounts and limits as prescribed by applicable law.
(b) Employer's Liability insurance (and, where applicable, Stop Gap extended protection endorsement) limits of
liability shall be:
. $1,000,000 per occurrence
. $1,000,000 Disease Policy
. $1,000,000 Each Employee
(c) SIEMENS shall carry, in the Occurrence Coverage Form, Comprehensive General Liability or Commercial
General Liability, insurance covering SIEMENS' operations and providing insurance for bodily injury and property
damage with limits of liability stated below and including coverage for:
. Products and Completed Operations
. Contractual Liability insuring the obligations assumed by SIEMENS in this Agreement
. Broad Form Property Damage (including Completed Operations)
. Explosion, Collapse and Underground Hazards
. Personal Injury Liability:
- Limits of liability shall be $1,000,000 per occurrence/aggregate
(d) SIEMENS shall carry Automobile Liability Insurance in the Occurrence Coverage Form covering all owned, hired
and non-owned automobiles and trucks used by or on behalf of SIEMENS providing insurance for bodily injury
liability and property damage liability for the limits of:
. $1,000,000 per occurrence/aggregate
(e) SIEMENS shall carry Excess Liability Insurance in the Occurrence Coverage Form with limits of:
. $5,000,000 per occurrence/aggregate
10.2 The CLIENT will maintain, at its own expense, property insurance in the amount of the initial Contract Sum, plus the
value of subsequent modifications and cost of materials supplied or installed by others, on a replacement cost basis
without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract
Documents or otherwise agreed in writing by SIEMENS, until final payment has been made to SIEMENS or no
person or entity other then the CLIENT has an insurable interest in the property, whichever is later. The policy form
shall include without limitation, insurance against the perils of fire (with extended coverage) and physical loss or
damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood,
windstorm, falsework, testing and start-up, rebuilding and debris removal including demolition occasioned by
enforcement of any applicable legal requirements, and shall cover reasonable compensation for SIEMENS' services
and expenses required as result of such insured loss. If the insurance requires deductibles or retentions, the
CLIENT shall pay costs not covered because of such deductibles or retentions.
10.3 Risk of loss of materials and Equipment furnished by SIEMENS shall pass to the CLIENT upon their delivery to the
Site, and the CLIENT shall be responsible for protecting and insuring them against theft and damage. However, until
SIEMENS is paid in full, SIEMENS shall retain title for security purposes only and the right to repossess the
materials and Equipment.
10.4 SIEMENS will indemnify the CLIENT from and against losses, claims, expenses and damages (including reasonable
attorney's fees) for personal injury or physical damage to property (collectively "Damages"). Such indemnification
shall be solely to the extent the Damages are caused by or arise directly from SIEMENS or its employees',
consultants' or agents' negligent acts or omissions or willful misconduct in connection with SIEMENS' performance
of the Work. SIEMENS' obligations under this indemnity shall not extend to Damages arising out of or in any way
attributable to the negligence of the CLIENT or its agents, contractors or employees. SIEMENS reserves the right to
control the defense and settlement of any claim for which SIEMENS has an obligation to indemnify hereunder.
UNLESS CONTRARY TO APPLICABLE LAW, IN NO EVENT SHALL THE CLIENT OR SIEMENS BE LIABLE
UNDER THIS INDEMNITY OR OTHERWISE UNDER THIS AGREEMENT FOR SPECIAL, INDIRECT,
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INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING COMMERCIAL LOSS,
LOSS OF USE, OR LOST PROFITS, HOWEVER CAUSED, EVEN IF SIEMENS OR THE CLIENT HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND, IN ANY EVENT, UNLESS CONTRARY TO
APPLICABLE LAW, SIEMENS' AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS, LOSSES OR EXPENSES
ARISING OUT OF THIS AGREEMENT, OR OUT OF ANY GOODS OR SERVICES FURNISHED UNDER THIS
AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, AGENCY, WARRANTY,
TRESPASS, INDEMNITY OR ANY OTHER THEORY OF LIABILITY, SHALL BE LIMITED TO THE LESSER OF
$1,500,000 OR THE TOTAL COMPENSATION RECEIVED BY SIEMENS FROM THE CLIENT UNDER THIS
AGREEMENT.
10.5 As to Patents and Copyrights:
(a) SIEMENS will, at its own expense, defend or at its option settle any suit or proceeding brought against the
CLIENT in so far as it is based on an allegation that any Work (including parts thereof), or use thereof for its
intended purpose, constitutes an infringement of any United States patent or copyright, if SIEMENS is promptly
provided Notice and given authority, information, and assistance in a timely manner for the defense of said suit or
proceeding. SIEMENS will pay the damages and costs awarded in any suit or proceeding so defended.
SIEMENS will not be responsible for any settlement of such suit or proceeding made without its prior written
consent. In case the Work, or any part thereof, as a result of any suit or proceeding so defended is held to
constitute infringement or its use by the CLIENT is enjoined, SIEMENS will, at its option and its own expense,
either: (I) procure for the CLIENT the right to continue using said Work; (ii) replace it with substantially equivalent
non-infringing Work; or (iii) modify the Work so it becomes non-infringing.
(b) SIEMENS will have no duty or obligation to the CLIENT under Section 10.5(a) to the extent that the Work is: (i)
supplied according to the CLIENT'S design or instructions wherein compliance therewith has caused SIEMENS to
deviate from its normal course of performance; (ii) modified by the CLIENT or its contractors after delivery; or, (iii)
combined by the CLIENT or its contractors with items not furnished hereunder and by reason of said design,
instruction, modification, or combination a suit is brought against the CLIENT. In addition, if by reason of such
design, instruction, modification or combination, a suit or proceeding is brought against SIEMENS, unless
expressly prohibited by law, the CLIENT shall protect SIEMENS in the same manner and to the same extent that
SIEMENS has agreed to protect the CLIENT under the provisions of Section 10.5(a) above.
(c) THIS SECTION 10.51S AN EXCLUSIVE STATEMENT OF ALL THE DUTIES OF THE PARTIES RELATING TO
PATENTS AND COPYRIGHTS, AND DIRECT OR CONTRIBUTORY PATENT OR COPYRIGHT AND OF ALL
THE REMEDIES OF THE CLIENT RELATING TO ANY CLAIMS, SUITS, OR PROCEEDINGS INVOLVING
PATENTS AND COPYRIGHTS. Compliance with Section 10.5 as provided herein shall constitute fulfillment of all
liabilities of the Parties under the Agreement with respect to the intellectual property indemnification.
10.6 The parties acknowledge that the price for which SIEMENS has agreed to perform the Work and obligations under this
Agreement was calculated based upon the foregoing allocations of risk, and that each Party has expressly relied on
and would not have entered into this Agreement but for such allocations of risk.
Article 11
Hazardous Materials Provisions
11.1 The Work does not include dire9tly or indirectly performing or arranging for the detection, testing, handling, storage,
removal, treatment, transportation, disposal, monitoring, abatement or remediation of any contamination of any Site
at which Work is performed and any soil or groundwater at the Site by petroleum or petroleum products (collectively
called "Oil"), asbestos, PCBs or hazardous, toxic, radioactive or infectious substances, including any substances
regulated under RCRA, CERCLA or any other federal, state or local environmental laws, regulations, statutes, rules,
standards or ordinances (collectively called "Hazardous Materials"), including without limitation: ionization smoke
detectors, mercury bulb thermostats, used oil, contaminated filters, and contaminated absorbents. Except as
expressly disclosed pursuant to Section 11.2, the CLIENT represents and warrants that there are no Hazardous
Materials or Oil, present at the CLIENT'S locations where the Work is to be performed. SIEMENS will notify the
CLIENT immediately if it discovers or reasonably suspects the presence of any previously undisclosed Oil or
Hazardous Material. All Services have been priced and agreed to by SIEMENS in reliance on the CLIENT'S
representations as set forth in this Article. The discovery or reasonable suspicion of Hazardous Materials or
hazardous conditions at a Site where SIEMENS is to perform Work or of contamination of the Site by Oil or
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Hazardous Materials not previously disclosed pursuant to Section 11.2 shall entitle SIEMENS to suspend the Work
immediately, subject to mutual agreement of terms and conditions applicable to any further Work, or to terminate the
Work and to be paid for Work previously performed.
11.2 The CLIENT warrants that, prior to the execution of the Agreement, it notified SIEMENS in writing of any and all Oil
or Hazardous Materials present, potentially present or likely to become present at the Site and provided a copy of
any Site safety policies and information, including but not limited to lock-out and tag procedures, chemical hygiene
plan, material safety data sheets, and other items covered or required to be disclosed or maintained by federal,
state, or local laws, regulations or ordinances.
11.3 Regardless of whether or not Oil or Hazardous Material was disclosed pursuant to Section 11.2, the CLIENT shall
be solely responsible for properly testing, abating, encapsulating, removing, disposing, remedying or neutralizing
such Oil or Hazardous Materials, and for the costs thereof. Even if an appropriate change order has been entered
into pursuant to Section 11.1, SIEMENS shall have the right to stop the Work until the Site is free from Oil or
Hazardous Materials. In such event, SIEMENS will receive an equitable extension of time to complete the Work, and
compensation for delays caused by Oil or Hazardous Materials remediation. In no event shall SIEMENS be required
or construed to take title, ownership or responsibility for such Oil or Hazardous Materials. The CLIENT shall sign any
required waste manifests in conformance with all government regulations, listing the CLIENT as the generator of the
waste. If someone other than the CLIENT is the generator of the waste, the CLIENT shall arrange for such other
person to sign such manifests.
11.4 Except where expressly prohibited by law, for separate consideration of $10 and other good and valuable
consideration, the receipt and adequacy of which are hereby acknowledged, unless as a direct result of SIEMENS'
negligence or willful misconduct, the CLIENT shall indemnify, defend and hold SIEMENS harmless from and against
any damages, losses, costs, liabilities or expenses (including attorneys' fees) arising out of any Oil or Hazardous
Materials or from the CLIENT'S breach of, or failure to perform its obligations under this Article.
Article 12
Miscellaneous Provisions
12.1 Notices between the parties shall be in writing and shall be hand-delivered or sent by certified mail, express courier,
or acknowledged telefax properly addressed to the appropriate party. Any such notice shall be deemed to have
been received when delivered in-person or when sent by telefax, or five (5) business days subsequent to deposit in
the U.S. mails, or one (1) day after deposit with express courier.
12.2 Neither the CLIENT nor SIEMENS shall assign or transfer any rights or obligations under this Agreement, except
that either party may assign this Agreement to its affiliates and SIEMENS may use subcontractors in the
performance of the Work. Nothing contained in this Agreement shall be construed to give any rights or benefits to
anyone other than the CLIENT and SIEMENS without the express written consent of both parties.
12.3 This Agreement shall be governed by and construed in accordance with the laws of the state or commonwealth
within which the Facilities are located.
12.4 It is not intended hereby to specify an exclusive remedy for any default, but all such other remedies existing at law or
in equity may be availed of by either party and shall be cumulative subject to Section 10.4 and unless otherwise
restricted herein. A party shall be deemed in default under this Agreement (which shall be deemed a breach
hereunder) if such party fails to materially perform, observe or comply with any of its covenants, agreements or
obligations hereunder or breaches or violates any of its representations contained in this Agreement. Upon a breach
of this Agreement, the non-defaulting party, in any court of competent jurisdiction, by an action of proceeding at law
or in equity, may be awarded damages for failure of performance, or both. Each of the Parties shall have the
affirmative obligation to mitigate its damages in any event of a default by the other party.
Furthermore, if any action is brought by either party under this Agreement by reason of any claim or cause of action
against the other arising out of or in connection with any breach or other nonperformance of the provisions of this
Agreement, then any party that is successful upon any final determination of any such claim or cause of action shall
be entitled to reasonable preparation, investigation and attorney fees and court costs (including witness fees), as are
fixed by a court of competent jurisdiction.
12.5 This Agreement and all provisions of this Agreement allocating responsibility or liability between the Parties shall
survive the completion of the Work and the termination of this Agreement.
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12.6 SIEMENS' performance of the Work is expressly conditioned on the CLIENT assenting to all of the terms of this
Agreement, notwithstanding any different or additional terms contained in any writing at any time submitted or to be
submitted to SIEMENS by the CLIENT relating to the Work, even if signed by SIEMENS, unless SIEMENS signs a
written statement expressly indicating that such terms supersede the terms of this Agreement
12.7 Any provision of this Agreement found to be invalid, unlawful or unenforceable by a court of law shall be ineffective
to the extent of such invalidity, and deemed severed herefrom, without invalidating the remainder of this Agreement.
All other provisions hereof shall remain in full force and effect.
12.8 The waiver by a party of any breach by the other party of any term, covenant or condition hereof shall not operate as
a waiver of any subsequent breach hereof. No waiver shall operate or be effective unless made in writing and
executed by the party to be bound thereby.
12.9 In the event that the law or the CLIENT requires that SIEMENS procure a performance bond and/or a payment
bond, SIEMENS shall provide a performance and payment bond in the amount of $1,068,116. The performance
and payment bond will solely apply to the Work performed during the Construction Period and to the required
statutory lien filing period thereafter. The performance and payment bond will not apply to any of the obligations
included in Performance Assurance, Exhibit C.
Article 13
Maintenance Services Technical Support Program
13.1 The scope of services provided by SIEMENS for the Maintenance Services Technical Support Program (MSTSP) is
stated in Exhibit A.
13.2 The CLIENT represents that all equipment not installed by SIEMENS under this Agreement and subject to a MSTSP
is in satisfactory working condition. SIEMENS will have inspected all such equipment within the first thirty (30) days
of MSTSP commencement or no later than the first scheduled inspection. Testing and inspection will not be deemed
to be complete until all such equipment has been so tested and inspected.
13.3 If the equipment is altered or moved by any person, including the CLIENT, other than SIEMENS or a person
authorized by SIEMENS, the CLIENT shall promptly notify SIEMENS in writing, and SIEMENS reserves the right to
perform a reacceptance test on, or if necessary a re-commissioning of, the system at the CLIENT'S expense.
13.4 If SIEMENS reasonably determines as a result of such inspection and/or testing that any equipment requires repair
or replacement, the CLIENT will be so notified and shall take corrective action within thirty (30) days, or such
equipment shall be removed from coverage hereunder without further action by the parties. SIEMENS is not liable or
responsible for the continued testing, maintenance, repair, replacement or operating capabilities of any portion of the
equipment until it has been inspected and/or tested and has been, if necessary, restored to an acceptable initial
condition at the CLIENT'S sole expense. Any services provided by SIEMENS in the course of such restoration will
be separately charged, on a time and materials basis, and not included in fees paid hereunder. If individual items of
equipment cannot, in SIEMENS' sole determination, be properly repaired or replaced due to age, obsolescence, lack
of availability of refrigerant gas, halon gas, necessary parts, materials, compatibility or otherwise, or as a result of
excessive wear or deterioration, SIEMENS may, within ten (10) days of such inspection, give written notice that it is
withdrawing such items from coverage under the MSTSP and adjust the MSTSP Payments due hereunder
accordingly.
13.5 If the removal of equipment from coverage would compromise or impair the integrity of the Work, Services or
compliance with law of any system, then SIEMENS will provide a written statement thereof for execution by the
CLIENT. The CLIENT'S failure to execute such statement within ten (10) days will void the MSTSP and release
SIEMENS from any further obligations with respect to the MSTSP.
13.6 If the MSTSP scope of Services defined in this Agreement provides for equipment maintenance, repairs and/or
replacements of equipment by SIEMENS, those Services are limited to restoring the proper working condition of
such equipment. SIEMENS will not be obligated to provide replacement equipment that represents significant capital
improvement compared to the original. Exchanged components become the property of SIEMENS, except
Hazardous Materials, which under all circumstances remain the property and responsibility of the CLIENT.
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Exhibit A - Scope of Work and Services
Article 1: Scope of FIM Work
1.1 Description: Except as otherwise expressly provided herein, SIEMENS shall
provide each and every item of cost and expense necessary for:
1.1.1 Cooling Equipment efficiency upgrades: This ECRM involves replacing low
efficiency older equipment with new high efficiency cooling equipment. The
installation of latest technology equipment ensures high efficiency performance and
reliability. The replacement of cooling equipment applies to chillers and unitary
cooling equipment.
1.1.2 Boiler Replacement: The replacement of older boilers with high efficiency units
provides energy savings. With high cost of natural gas, utilization of efficient boilers
is essential to maximize energy efficiency and cost savings. The heating system will
also be configured such that the boiler will only operate when necessary.
1.1.3 Energy Management Control Systems (EMCS): Siemens proposes to install
energy management control systems in select facilities. These systems provide
automatic control of the energy consuming HVAC equipment. The EMCS will
continuously monitor operating conditions and continuously make adjustment to
minimize excessive energy usage. Furthermore, by operating the HV AC systems
during only necessary times, equipment run time is minimized thus maximizing the
useful service life of the connected equipment.
1 .1.4 Lighting Retrofits: The lighting upgrades applied throughout the buildings
include many different types of fixtures and lamps. The bulk of lighting energy
savings and the majority of the retrofits involve replacing 34 and 40-watt T -12 four-
foot fluorescent lamps and magnetic ballasts with 30-watt T -8 four-foot fluorescent
lamps and electronic ballasts. Also included in the project is the installation of
occupancy sensors. These energy saving devices automatically turn lights on and
off based on occupancy. These sensors will be installed in selected areas as listed
in the lighting audit. See Appendix D of the Energy Assessment Report.
1.1.5 Water Conservation: Water conservation has been evaluated in all the
existing facilities. Water is conserved by retrofitting and or replacing select water
devices. These are the installation of low flow aerators on faucets, and low flow flush
valves on urinals and toilets. In some instances, the complete toilet bowl is replaced
to ensure optimum performance. Although the project size and savings are relatively
small, Siemens recommends this ECRM be incorporated with any changes or
renovations on this project.
1.2 Specific Elements: The Work shall include the following:
1.2.1 Cooling Equipment Upgrades: An inventory of unitary AC equipment was
taken during the survey of the facilities. Nameplate information not available was
provided by City personnel. The equipment to be replaced is specified in Table
1.2.1 (below) All cooling units scheduled for replacement in this scope of work will
be similarly-sized (or near identical capacity, depending on manufacturer's models)
units. Siemens will install installing equipment that will increase the efficiency and
Page 1 of 8
Siemens Building Technologies, Inc.
Exhibit A - Scope of Work and Services
Exhibit A version 10/01/02
Exhibit A - Scope of Work and Services
reliability of the equipment, while reducing energy costs and prolonging the service
life of the equipment.
The following buildings have been included in this ECRM:
1.2.1.1 Tom Reid Library
1.2.1.2 Public Safety/Police Department
1.2.1.3 Emergency Medical Services (EMS)
1.2.1.4 Fleet Maintenance (Public Works)
Table 1.2.1 Eauipment Replacements. Coolina Eauipment
fE
laDle 0 quipment to be Replaced
location Equipment Type Unit Make Model Nurmer Serial
Nurmer Number
Community Center Cooling Unit chiller Carrier 30GB045610 S394579
Community Center Coolinq Unit chiller Carrier 30GB045610 S394571
City Hall Boiler boiler Aiax QWGH-1250 S 38804
Public Safety Coolinq Unit UP 4 BOP Co. Division of Carrier 10#5
Public Safety Cooling Unit SS 14 Trane TTD724B100BO F33216315
Public Safety Cooling Unit UP 10 BOP Co. Division of Carrier 585HJ036060 2385C39926
Public Safety Coolinq Unit UP 5 BOP Co. Division of Carrier 585JEW060100ABEG 4385C81349
Public Safety Cooling Unit UP 8 BOP Co. Division of Carrier 585JEW036060ABAF 3785C32734
Public Safety Cooling Unit UP 6 BOP Co. Division of Carrier 585JEW060100ABEG 3585C 18550
Public Safety Coolinq Unit UP 7 BOP Co. Division of Carrier 585JEW060100ABEG 3585C 18553
Public Works (Fleet rv'aint) Cooling Unit SS Goodman CK60-3C 9611029003
Ems Cooling Unit SS 3 Inter-Citv Products CA3048VHA1 L921132018
Ems Coolinq Unit SS 4 Rheem
Ems Cooling Unit SS 5 Goodman CK60-1C 10425341
Ems Coolinq Unit SS 2 Rudd
Ems Cooling Unit SS 1 York H2RC036S06G WOE5228886
Librarv Cooling Unit SS 4 York H2CA300A46D NAHrv'011092
Librarv Cooling Unit SS 5 York H2CA360A46D NDHrv'057133
Librarv Coolinq Unit SS 3 York H3CE240A46A NCHrv'033978
Librarv Cooling Unit SS York H4CE090A46C NFHrv'073014
Librarv Cooling Unit SS York H4CE090A46C NFHrv'073009
1 .2.2 Boiler Replacement: City Hall is provided heating by a single outdoor boiler. This
boiler was installed during the original construction of the facility thus is nearing the end
of its service life. Siemens proposes to install a new, similarly-sized high efficiency
boiler that will increase the efficiency in producing heating water and minimize utility
costs. In addition, replacement of the existing boiler will also increase the system
reliability and add to the overall benefit of the facilities operation.
The following building is included in this ECRM:
1.2.2.1 City Hall
Siemens Building Technologies, Inc.
Exhibit A - Scope of Work and Services
Page 2 of 8
Exhibit A version 10/01/02
Exhibit A - Scope of Work and Services
Table 1.2.2 Equipment Replacements, Boiler
Type Unit
Number
OWGH-1250 S
38804
Make
Model Number
Serial
Number
Boiler
boiler
1.2.3 Energy Management Control System: Siemens will install an EMCS system that
will enables an operator to rapidly troubleshoot equipment and also limit local user
controls, such as excessive run times on HVAC equipment and temperature setpoint
extremes. The operator may also preprogram equipment to operate for irregularly
scheduled activities. By maintaining precise control of equipment runtimes, the
equipment is operated at its design conditions and equipment service life expectancy is
maximized.
A major benefit realized from an EMCS, will be the direct monitoring of the included
facilities. Hot and cold calls can be detected and diagnosed from one location as well as
more efficient deployment of City personnel. Siemens shall also implement controls on
other facilities because of the use of multiple cooling units that are currently controlled by
occupants.
Facilities included in this ECRM are as follows:
1.2.3.1 City Hall
1.2.3.2 Community Center
1.2.3.3 Melvin Knapp Senior Center
1.2.3.4 Public Works Service Center
1.2.3.5 Westside Event Center
1.2.4 Lighting Retrofits: This measure involves retrofitting existing, inefficient lighting
systems in several buildings located throughout City of Pearland with new energy
efficient lighting equipment. The following facilities are included in the lighting retrofit
scope for this project:
1.2.4.1 City Hall
1.2.4.2 Community Center
1.2.4.3 Public Safety / Police Department
1.2.4.4 Melvin Knapp Senior Center
1.2.4.5 Emergency Medical Services (EMS)
1.2.4.6 Animal Shelter
Siemens Building Technologies, Inc.
Exhibit A - Scope of Work and Services
Page 3 of 8
Exhibit A version 10/01/02
Exhibit A - Scope of Work and Services
1.2.4.7 Neighborhood Center
1.2.4.8 Parks Office and Storage
1.2.4.9 Public Works Service Center
1.2.4.10 Public Works Fleet Maintenance
Refer to Appendix D, Energy Assessment Report for City of Pearland for complete
building/room listing of lighting retrofits.
1.2.5 Water Fixture Retrofit: Toilets, urinals and lavatories are assessed for low-flow
upgrade opportunities. A detailed description of the findings and a synopsis on the
technologies that will be involved in the renovations are included in Appendix E of the
Energy Assessment Report. Aerators and urinal flush valves will be changed out. The
flush valves, at a minimum, will be replaced on the toilets. Typically, the entire toilet
fixture will be changed since many are not designed for a low volume flush. Please refer
to Appendix E of this report for detailed information about water fixture flow capacities
and usage data used in savings calculations. The following buildings are included in the
scope of work for this ECRM:
1.2.5.1 City Hall
1.2.5.2 Community Center
1.2.5.3 Library
1.2.5.4 Public Safety / Police Department
1.2.5.5 Melvin Knapp Senior Center
1.2.5.6 Emergency Medical Services (EMS)
1.2.5.7 Animal Shelter
1.2.5.8 Neighborhood Center
1.2.5.9 Parks Office and Storage
1.2.5.10 Public Works Service Center
1.2.5.11 Public Works Fleet Maintenance
1.2.5.12 Fire Marshal
1.2.5.13 Independence Park
1.2.5.14 Pool at Independence Park
1.2.5.15 Pearland Recycling Center
Siemens Building Technologies, Inc.
Exhibit A - Scope of Work and Services
Page 4 of 8
Exhibit A version 10/01/02
Exhibit A - Scope of Work and Services
1.3 Technical Specifications, Drawings, and Exhibits: The Work shall be performed in
accordance with the following specifications, drawings and other attachments
hereto, which are specifically incorporated herein and made part hereof:
1.3.1 Appendix A of the Energy Assessment Report (EAR) contains the
technical specifications of the new Cooling Equipment included in
the scope or work.
1.3.2 Appendix B of the EAR contains the technical specifications of the
new Boiler included in the scope or work.
1.3.3 Appendix C of the EAR contains the technical specifications of the
new Energy Management Control Systems (EMCS) included in
the scope or work.
1.3.4 Appendix 0 of the EAR contains the technical specifications of the
new Lighting systems/fixtures included in the scope or work.
1.3.5 Appendix E of the EAR contains the technical specifications of the
new water conservation retrofits (fixtures) included in the scope or
work.
1.3.6 Drawings will be submitted, as required, once notice to proceed
has been executed and detailed construction project schedules
developed. However, the majority of the equipment installed in this scope
of work is direct removal and replacement of existing equipment and,
therefore, the need for additional drawings and approvals is expected to
be minimal.
1.4 CLIENT's Responsibility:
1.4.1 Construction Phase:
1.4.1.1 Provide for timely review of project schedules and
submittals, typically a 5-day approval turn-around unless
otherwise specified;
1.4.1.2 Provide access to buildings, with 10-day advance notice of
work schedules, including coordination with building
occupants and stakeholders, provide escorts as required in
secure areas;
1.4.1.3 Provide for timely review and approval of completed work;
1.4.2 Post-implementation (Performance Period)
1.4.2.1 Provide copies of all monthly utility bills;
1.4.2.2 Provide notification of changes of occupancy and/or
building usage for buildings included in the scope of work.
Article 2: FIM Work Implementation Period
2.1 Commencement of Work:
2.1.1 SIEMENS shall commence the Work May 14, 2007, and shall perform the Work
diligently and shall complete the Work no later than Siemens shall commence the
Work 180 calendar days from the Effective Contract Date.
Siemens Building Technologies, Inc.
Exhibit A - Scope of Work and Services
Page 5 of 8
Exhibit A version 10/01/02
Exhibit A - Scope of Work and Services
2.2 Milestones: Specific scheduling milestones and coordination requirements will be
determined in conjunction with SIEMENS project manager, in consultation with
the CLIENT's representatives.
2.2.1 A Project schedule, in MS Project@ format, will be provided by
SIEMENS for review by the CLIENT within two weeks of the
Effective Contract Date.
Siemens Building Technologies, Inc.
Exhibit A - Scope of Work and Services
Page 6 of 8
Exhibit A version 10/01/02
Exhibit A - Scope of Work and Services
Article 3: Scope of Performance Assurance Technical Support Program
3.1 Performance Assurance services shall be performed for the full 12-year term in
accordance with the Measurement and Verification section of the EAR for City of
Pearland and Exhibit C of this contract.
3.2 Siemens will provide, as a part of the Technical Support Program, and annual
inspection and reporting of the ECRMs installed, included a reconciliation report
documenting savings.
3.3 The annual reconciliation report will be provided within 45 calendar days of the
annual anniversary of project acceptance.
Article 4: Scope of Maintenance Services Technical Support Program
4.1 Siemens will perform the Mechanical Services scope in accordance with the
Detailed Energy Assessment for the City of Pearland. Maintenance will include
quarterly inspections and filter replacement, and annual preventative
maintenance per the scope of work included in the aforementioned report.
4.2 Mechanical Services TSP will include HVAC equipment in the following CLIENT
facilities:
4.2.1 Animal Shelter
4.2.2 Centennial Park
4.2.3 City Hall
4.2.4 Community Center
4.2.5 EMS House
4.2.6 EMS/Ambulance
4.2.7 Fire Marshall
4.2.8 Fire Station #1
4.2.9 Fire Station #4
4.2.10 Knapp Activity
4.2.11 Library
4.2.12 New Public Works
4.2.13 Old Public Works
4.2.14 Maintenance Office
4.2.15 Police Station
4.2.16 Recycling Center
4.2.17 Westside Community Center
Siemens Building Technologies, Inc.
Exhibit A - Scope of Work and Services
Page 7 of 8
Exhibit A version 10/01/02
Exhibit A - Scope of Work and Services
This Exhibit is attached to and made a part of the Agreement between SIEMENS and
the CLIENT. .1
CLIENT: V JJj....(;J.... SIEMENS:
Signature: ~ ~ Signature:
Printed Name: Bi 11 [i sen Printed Name:
Title: Ci ty Manaqer DTitt'e: OO'\lcrnanc~ & Compliance
Date: Mav 14, 2007 a e. f{ 2-"'/0-"
N""~:f~~
TlTLENoe G. Bermudez
Assistant Secretary
DATE: ~~, -07
APpmV LE(;AL
SERASTlAN N. f).\NZI(;ER
Siemens Building Technologies, Inc.
Exhibit A - Scope of Work and Services
Page 8 of 8
Exhibit A version 10/01/02
Exhibit B - Payment Schedules
Article 1: Payment for Scope of FIM Work
1.1 Price: As full consideration of the Work as described in Exhibit A, Article 1: Scope of FIM
Work, the CLIENT shall pay to SIEMENS the Contract Sum of $ 1,068,116.00 (plus
applicable taxes).
1.2 Escrow: The CLIENT has agreed to deposit the Contract Sum in an Escrow Account at a
financial institution satisfactory to both the CLIENT and SIEMENS. All interest income
and expenses to establish the Escrow Account shall be the complete responsibility of the
CLIENT and the CLIENT will receive all interest earnings from the Escrow Account.
SIEMENS will submit periodic invoices to the CLIENT based on the following Payment
Schedule in Table 2.1 below. The CLIENT shall be responsible for submitting the
necessary documentation to the Escrow Agent for timely withdraws from the Escrow
Account. The funding of the Escrow Account in an amount equal to or greater than the
Price stated in Article 1.1 above shall be a condition precedent to SIEMENS obligation to
perform or to continue the performance of the Work. If the Escrow Account is not funded
within 45 days from the execution of this Agreement, this Agreement shall be null and
void. This 45 day funding period may be extended as mutually agreed upon in writing by
both parties. In the event that the Agreement becomes null and void as described in this
paragraph and CLIENT has authorized SIEMENS to proceed with Work, CLIENT shall be
obligated to reimburse SIEMENS: (i) for the Work performed to date; or (ii) as specified in
CLIENT's authorization to proceed with Work.
1.3 Timely Payments: The CLIENT agrees to pay Siemens per Table B.1 below. CLIENT
agrees to pay all invoices submitted by SIEMENS per Agreement, Article 8.
$213,623.20
$213,623.20
$106,811.60
$106,811.60
$213,623.20
$106,811.60
$106,811.60
Ma 2007
June 2007
Jul 2007
Au ust 2007
Se tember 2007
October 2007
November 2007
PROJECT TOTAL:
$1,068,116.00
This Exhibit is attached to and made a part of the Agreement between SIEMENS and the
CLIENT. .
---'
SIEMENS:
Signature:
Printed Name:
Title: ,
Date: Uovemance &, Comp!Jance
Vi 2~l Or
l
CLIENT:
Signature:
Printed Name:
Title:
Date:
4Jh~
Bill Eisen
City Manager
May 14, 2001
.----.
Siemens Building Technologies, Inc.
Exhibit B - Payment Schedules
Page 1 of 3
NAMF.~~ ~hibit B version 10/01/02
APPRO~Y LEGAL
TITLE: Noe G. Bermudez / V
DATE: ASSIstant ~ecretary SEBASTIAN N. IlANZIGER
1/4/(/,/
Exhibit B - Payment Schedules
Article 2: Payment for Performance Assurance Technical Support Program
(PATSP)
2.1 Price: As full consideration of the Services as described in Exhibit A, Article 3, the
CLIENT shall pay to SIEMENS the Annual Contract Sum of $ 5765.00 (first year fee plus
applicable taxes, escalated annually per table B.2).
2.2 Performance Assurance Services Term: The Term of the PATSP shall be 12 months
and shall commence on Effective Guarantee Date.
2.3 Automatic Renewal: The PATSP shall automatically renew for successive Annual
Periods beginning on the anniversary date of Effective Guarantee Date. Either party may
amend the PATSP at the end of the initial term or at the end of a renewal term by giving the
other party at least thirty (30) days prior written notice of such amendments. Each renewal
shall be and remain subject to the terms and conditions of this Agreement. The
Performance Guarantee is dependent upon and is subject to the express condition that
the CLIENT enters into and maintains PATSP, during the entire term of the Performance
Guarantee Period.
2.4 Termination: See Article 4.8 of the Agreement.
November 2008 $ 5,765
November 2009 $ 5,938
November 2010 $ 6,116
November 2011 $ 6,299
November 2012 $ 6.488
November 2013 $ 6,683
November 2014 $ 6,883
November 2015 $ 7,090
November 2016 $ 7,303
November 2017 $ 7,522
November 2018 $ 7,747
November 2019 $ 7,980
This Exhibit is attached to and made a part of the Agreement between SIE
CLIENT.
CLIENT:
Signature:
Printed Name:
Title:
Date:
Bill Eisen
City Manager
M;ty 14. ?nn7
SIEMENS:
Signature:
Printed Name:
Title: ,
Date'Uovernance & Compliance
. Cp(?-V./Ol
NS and the
L
Page 2 of 3
Siemens Building Technologies, Inc. 4,_ t?
Exhibit B - Payment Schedules NAME: ~ t! ~~ Exhibit B version 10/01/02
TITLE: Noe. G. Bermudez APPROr~. B LEGAL
Assistant Secretary t:t..EJ
DATE: ~/2f,./ tJ 7 SEBASTIAN N. DANZIGER
Exhibit B - Payment Schedules
Article 3: Payment for Maintenance Services Technical Support Program
2.4 3.1 Price: As full consideration of the Services as described in Exhibit A, Article 4:
Scope of Maintenance Services, the CLIENT shall pay to SIEMENS the Annual Contract
Sum of $ $31,752 (first year fee plus applicable taxes, escalated to the annual fee
according to table B.3).
3.2 Maintenance Services Term: The initial or first Term of the Services shall commence
on and shall have duration of 12 months. Each consecutive Term shall be an Annual
Period of 12 months.
3.3 Automatic Renewal: The Maintenance Services Term shall automatically renew for
successive Annual Periods beginning on the ending anniversary date of the initial or first
Term as set forth in Article 2.2 above, and each Annual Period thereafter. Either party may
terminate or amend the Maintenance Services Technical Support Program at the end of
the initial term or at the end of a renewal term by giving the other party at least 30 days
prior written notice of such amendments or intent not to renew. Each renewal shall be and
remain subject to the terms and conditions of this Agreement.
November 2008 $31,752.00
November 2009 $32,705.00
November 2010 $33,686.00
November 2011 $33,686.00
November 2012 $34,697.00
November 2013 $35,738.00
November 2014 $35,738.00
November 2015 $36,810.00
November 2016 $37,914.00
November 2017 $37,914.00
November 2018 $39,051.00
November 2019 $40,223.00
This Exhibit is attached to and made a part of the Agreement between SIEMENS and the
CLIENT. J l
c~::~~~~~: Rill Ei..o ' ::~~1~~ ~:~.'
Title: C Title: f, g
Date: i ty MaRager Date: Governance & ,Compliance
May 14, 2907 6{1~/crl
Page3of3 ~
Siemens Building Technologies, Inc. A... ..,./
Exhibit B - Payment Schedules NAI\IE:, 4/~ t:.7.. . hibit B version 10/01/02
Noe G Bermudez APPptJR E V LEGAL
TITLE: .
Assistant Secretary
DATE: ~ - ~ {. - c) 7 SEBASTIAN N. DANZIGER
Exhibit C - Performance Assurance
Article 1: Summary of Articles and Total Guaranteed Savings
The following Articles and Table are attached and made part of this Exhibit C:
Article 1
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Summary of Articles and Total Guaranteed Savings
Guarantee Savings Types
Guarantee Term Responsibilities of CLIENT
Measurement and Verification Plan
Baseline Data
Utility Rate Structures and Escalation Rates
Contracted Baseline Data
Table 1.1 - Total Guaranteed Savinas (Units)
Performance Electric Energy Electric Power Natural Gas No.2 Fuel
Saved Oil Saved
Period Saved (kWh) Saved (kW) (Therms) (Gallons)
Year 1 1,109,720 0 32,637 N/A
Year 2 1,109,720 0 32,637 N/A
Year 3 1,109,720 0 32,637 N/A
Year 4 1,109,720 0 32,637 N/A
Year 5 1,109,720 0 32,637 N/A
Year 6 1,109,720 0 32,637 N/A
Year 7 1,109,720 0 32,637 N/A
Year 8 1,109,720 0 32,637 N/A
Year 9 1,109,720 0 32,637 N/A
Year 10 1,109,720 0 32,637 N/A
Year 11 1,109,720 0 32,637 N/A
Year 12 1,109,720 0 32,637 N/A
The above savings as reflected in Table 1.1 are guaranteed on an annual basis for the
term of the contract, which is 12 years, and are subject to the terms found in Article 4 of
the Agreement.
Table 1.2 - Total Guaranteed Savings (as cost converted from units)
Year Energy/Utility Operational Savings Total Savings
Savinas
Construction
Year 1 $ 136,071 $ 4,020 $ 140,091
Year 2 $ 137,431 $ 4,141 $ 141,572
Year 3 $ 138,806 $ 4,265 $ 143,071
Year 4 $ 140,194 $ 4,393 $ 144,587
Year 5 $ 141,596 $ 4,525 $ 146,120
Year 6 $ 143,012 $ 4,660 $ 147,672
Year 7 $ 144,442 $ 4,800 $ 149,242
Year 8 $ 145,886 $ 4,944 $ 150,830
Year 9 $ 147,345 $ 5,092 $ 152,437
Year 10 $ 148,818 $ 5,245 $ 154,064
Year 11 $ 150,307 $ 5,403 $ 155,709
Year 12 $ 151,810 $ 5,565 $ 157,374
The above Cost savings as reflected in Table 1.2 represent the predicted dollar savings
that can be extracted from the guaranteed energy savings in Table 1.1 when the energy
savings are converted to a dollar figure based on the formulas herein. Table 1.2 is
Siemens Building Technologies, Inc.
Exhibit C - Performance Assurance
Page 1 of 31
Exhibit C version 10/01/02
Exhibit C - Performance Assurance
provided to show the projected savings on an annual basis for the term of the contract,
which is 12 years. Nothing herein should be construed as to guarantee the actual dollar
savings as derived from the energy savings. Variables such as increases in energy
rates may adversely affect the dollar savings that are realized by the CLIENT despite
having realizing the energy savings as guaranteed by SIEMENS. SIEMENS
GUARANTEES THE ENERGY SAVINGS WILL BE REALIZED. SIEMENS DOES NOT
GUARANTEE THAT THE ENERGY SAVINGS WILL ACTUALLY EQUATE TO THE
DOLLAR SET FORTH IN TABLE 1,2 AS SIEMENS CANNOT PREDICT
FLUCTUATIONS IN UTILITY RATES.
This Exhibit is attached to and made a part of the Agreement between SIEMENS and
the CLIENT.
CLIENT:
Signature:
Printed Name:
Title:
Date:
~K-
Bill Eisen
City Manaqer
May 14. 2007
~
SIEMENS:
Signature:
Printed Name:
Title: ,
Date9oveman~ & <:;Omphance
q 2-~f 01
"~K--:!1S
T1TU:: Noe G. Bermudez
Assistant ~ecretary
1);\'1'[: ~P(,(()7
LEGAL
Siemens Building Technologies, Inc.
Exhibit C - Performance Assurance
Page 2 of 31
Exhibit eversion 10/01/02
Exhibit C - Performance Assurance
Article 2: Guaranteed Savings Types
2.1 Guarantee Types. There are four guarantee options to measure and verify
savings: Option A - Measured Capacity, Option B - Measured Consumption,
Option C - Main Meter Comparison, and Option D - Stipulated.
a. Option A - Measured Capacity. This approach is intended for Facility
Improvement Measures where a one-time measurement for specific
equipment or systems instantaneous baseline energy use, and a one-time
measurement for specific equipment or systems instantaneous post-
implementation (Post) energy use can be measured. Baseline and Post
energy consumption is calculated by multiplying the measured end use
instantaneous capacity (Le. - kW, Gal/hr, BTU/hr) by stipulated hours of
operation for each mode of operation (Le. - hours, week, month). The
calculations for energy consumption will be defined in the Measurement and
Verification article of this Exhibit C. The work sequence required for data
collection, evaluation, and reporting will be defined in the Measurement and
Verification article of this Exhibit A.
b. Option B - Measured Consumption. This approach is intended for Facility
Improvement Measures where continuous periodic measurements for specific
equipment or systems baseline energy use, and continuous periodic
measurements for that equipment or systems post-implementation (Post)
energy use can be measured. The calculations for energy consumption will
be defined in the Measurement and Verification article of this Exhibit C.
Periodic inspections and consumption measurements of the equipment or
systems will be necessary to verify the on-going efficient operation of the
equipment and saving attainment. The predetermined schedule for data
collection, evaluation, and reporting will be defined in the Performance
Assurance Technical Support Program article of this Exhibit A.
c. Option C - Main Meter Comparison. This approach is intended for
measurements of the whole-facility or specific meter baseline energy use,
and measurements of whole-facility or specific meter post-implementation
(Post) energy use can be measured. The methodology to establish baseline
and Post parameter identification, modeling approach and baseline or model
adjustments will be defined in the Measurement and Verification article of this
Exhibit C. Periodic inspections of baseline energy usage, operating
practices, and facility and equipment, and meter measurements of the will be
necessary t6 verify the on-going efficient operation of the equipment,
systems, practices and facility, and saving attainment. The predetermined
schedule for data collection, evaluation, and reporting will be defined in the
Performance Assurance Technical Support Program article of this Exhibit A.
Siemens Building Technologies, Inc.
Exhibit C - Performance Assurance
Page 3 of 31
Exhibit eversion 10/01/02
Exhibit C - Performance Assurance
d. Option D - Stipulated. This approach is intended for Facility Improvement
Measures where the end use capacity or operational efficiency; demand,
energy consumption or power level; or manufacturer's measurements,
industry standard efficiencies or operating hours are known in advance, and
used in a calculation or analysis method that will stipulate the outcome. Both
CLIENT and SIEMENS agree to the stipulated inputs and outcome(s) of the
analysis methodology. Based on the established analytical methodology the
savings stipulated will be achieved upon completion of the Facility
Improvement Measures Work and that no further measurements or
calculations will need to be performed. The methodology and calculations to
establish savings value will be defined in the Measurement and Verification
article of this Exhibit C.
2.2 Table 2.1 below summarizes the first year savings of the Total Guaranteed
Savings (Article 1 , Tables 1.1 and 1.2) by Guarantee Type categories.
Table 2.1 - Enerav and Operational Savinas Details by Guarantee Tvoe
Enerav or Utilitv Savina $ Ooerational Savinas $
Guarantee Tvpe Options Guarantee Types
A B C D B D
FIM Measured Measured Main Meter Stipulated Total Measured Stipulated Total
Capacity Consumpti Comparison [1] [2]
on
Controls $32,984 $30,205 $63,189 $1,020 $1,020
Chiller $23,205 $23,205 $ -
Unitary $8,953 $8,953 $ -
Boiler $2,370 $2,370 $ -
Liahtina $36,738 $36,738 $3,000 $3,000
Water $1,617 $1,617 $-
[1] Operational savings are detailed in Exhibit C, Article 4.5
[2] Operational savings identified by the CLIENT are detailed in Table 2.3.
Siemens Building Technologies, Inc.
Exhibit C - Performance Assurance
Page 4 of 31
Exhibit C version 10/01/02
Exhibit C - Performance Assurance
2.3 Table 2.2 identifies the source of Operational Savings defined by the CLIENT.
These savings shall not be measured or monitored during the guarantee term.
Neither the CLIENT nor SIEMENS will have any right to object to use of such
amounts as the Stipulated Savings in the calculation of Annual Realized Savings.
T bl 2 2 S
fO
f
IS
a e - ource 0 >era lona avmgs
# of Annual First Year
Periods Annual
Savings Are Savings
Account/'Vendor Descriotion Annual Cost $ Aoolied Allowed
Light Replacement lamps and ballasts $3,000 12 yes
EMCS Automatic control components $1,020 12 yes
2.4
2.5
CLIENT:
Signature:
Printed Name:
Title:
Date:
~
B111 Eisen
City Manaqer
May 14, 2007
L:L
SIEMENS:
Signature: ~' :
Printed N~~:; ( g~~~f~r~~ :~:l~:~
Date: Governan~ & Sompliance
C{ 2-~ dl
APPR
ANZIGER
NMJf::.4..4i7--1-
TITLE: Noe G. Bermudez
Assistant Secretary
DATE: 1~ .
" rU1
Siemens Building Technologies, Inc.
Exhibit C - Performance Assurance
Page 5 of 31
Exhibit C version 10/01/02
Exhibit C - Performance Assurance
Article 3: Guarantee Term Responsibilities of the CLIENT.
This Article details the individual agreed to responsibilities of SIEMENS and the CLIENT,
in connection with the management and administration of the Performance Guarantee.
3.1 The CLIENT will provide a representative at each city facility to coordinate work
and provide required data described below.
3.2 The CLIENT will provide SIEMENS with accurate facility operating information as
defined below and in the Contracted Baseline article of this Exhibit C during each
Annual Period, as soon as such information becomes available to the CLIENT.
(a) Annually provide monthly electrical billing information for all accounts
(b) Annually provide monthly gas billing information for all account
3.3 CLIENT will provide SIEMENS with copies of utility bills within 30 days of receipt
by CLIENT or provide access to utility vendor information.
(a) Electrical billing records for all accounts downloaded electronically to CD or
other acceptable electronic storage media type
(b) Gas billing records for all accounts downloaded electronically to CD or other
acceptable electronic storage media type
3.4 CLIENT will provide telephone/data remote access, through SIEMENS Insight@
software package or otherwise, as SIEMENS reasonably requests. All charges
related to telephone/data line installation, activation and communication services
are the responsibility of the CLIENT.
3.5 CLIENT will provide and coordinate utility meter upgrade for interface with
SIEMENS metering and data collection. All charges related for these upgrades
are the responsibility of the CLIENT
Siemens Building Technologies, Inc.
Exhibit C - Performance Assurance
Page 6 of 31
Exhibit eversion 10/01/02
Exhibit C - Performance Assurance
Article 4: Measurement and Verification Plan
The following information outlines are applicable for this contract:
Article 4.1 Measurement and Verification (M&V) methods provided under this Article.
Article 4.2 Option A - Measured Capacity
Article 4.3 Option B - Measured Consumption
Article 4.4 Option C - Main Meter Comparison
Article 4.5 Option 0 - Stipulated
4.1 General Overview-
(a) The purpose of the Measurement and Verification (M&V) article is to
identify the methods, measurements, procedures and tools that will be
used to verify the savings for each FIM. Savings were determined by
comparing prior usage, consumption or efficiencies defined as the
Baseline to the selected FIMs being implemented against the post FIM
implementation usage, consumption or efficiencies. The Baseline usage,
consumption or efficiencies is described in this Exhibit C, Article 5. The
usage, consumption or efficiencies associated with the FIM
implementation is defined as the Contracted Baseline, and are described
in this Exhibit C, Article 7.
(b) The actual guaranteed savings associated with this contract are outlined
in this Exhibit C, Article 1 - Table 1.1 and Article 2 - Table 2.1 of this
contract.
4.2 Option A - Measured Capacity
4.2.1 EMCS
Description: This measure involves the installation of an Energy Management
Control System (DOC Controls - Siemens Apogee) in various facilities.
Essential to energy conservation and equipment service life is an energy
management controls system (EMCS). For the larger energy consuming
facilities, Siemens proposes the implementation of and EMCS system. This
enables the operator to rapidly trouble shoot equipment and also limit local user
controls such as excessive run times and temperature extremes. The operator
may also preprogram equipment to operate for irregularly scheduled activities.
By maintaining precise control of equipment runtimes, the equipment is operated
at its design conditions and equipment service life expectancy is maximized.
A major benefit realized from an EMCS, will be the direct monitoring of the
included facilities. Hot and cold calls can be detected and diagnosed from one
location as well as more efficient deployment of City personnel.
The implementation of an EMCS will occur in the following facilities:
Facilities included in this ECRM:
~ City Hall
~ Community Center
Siemens Building Technologies, Inc.
Exhibit C - Performance Assurance
Page 7 of 31
Exhibit C version 10/01/02
Exhibit C - Performance Assurance
~ Tom Reid Library
~ Melvin Knapp Senior Center
~ Public Works Service Center
~ Westside Event Center
Equipment & Environmental Descriptions
At City Hall there exist 2 relatively new chillers, 1 older boiler, 3 air handling units
and ancillary HVAC equipment. The AHU motors were measured for current
draw; 11.6 kW, 9.2 kWand 10 kW. These units are reported to operate
continuously thus Siemens proposes to limit the operation of the AHUs through
the implementation of the EMCS. Additionally, there are two 7.5 hp chilled water
pumps and one 3 hp hot water pump.
At the Community Center there are two 45 ton air cooled chillers, 1 new boiler, 8
air handling units and ancillary HVAC equipment. The AHU motors were
measured for power draw; 2.7, 2.0, 3.8, 2.4, 0.3, 0.3 and 0.5 kW were measured
respectively. The air compressor power rating is 1.5 hp.
The Tom Reid Library is provided cooling by 5 unitary split systems. The system
nominal cooling capacities are: 7.5, 7.5, 20, 25 and 30 tons. The respective
measurements for each of the units are: 12.28 Amps, 12.3 Amps, 38.15 Amps,
28 and 30 kW respectively.
The Melvin Knapp Senior Center provides space conditioning with 9 individual
unitary systems. Each system operates independently and is controlled by an
occupant adjustable thermostat. The units cooling capacity sizes are: 3.5, 2.5,
3.5, 3.5, 3.5, 1.5, 3.5, 5 and 5 tons for each of the nine units respectively.
The Public Works Service Center is equipped with similar systems as those at
Melvin Knapp. There are seven unitary split systems providing space
conditioning and each is individually controlled by building occupants. Most of
the units for this facility are in good to new conditions. The unit sizes are: 4.5
(estimated), 5 (estimated), 5, 3, 3.5, 3 and 5.
The Westside Event Center is a new facility with new equipment. Of all the
facilities presented in this report, it is the only facility that is equipped with heat
pumps. These units' sizes are: 5, 5, 3.5, 5 and 2.5 tons of capacity. Additionally,
a 6th separate unitary system is dedicated to providing 100% conditioned outside
air. liKe the Public Works facility, there is no central control of these units.
Equipment
City Hall
Controls will include start/stop capability of (3) multi-zone AHUs and (1) temp per floor.
We will add controls to the new Boiler, HW pump, and 3-way bypass valve installed by
the mechanical.
Equipment includes:
Siemens Building Technologies, Inc.
Exhibit C - Performance Assurance
Page 8 of 31
Exhibit eversion 10/01/02
Exhibit C - Performance Assurance
· (3) Multi-zone AHUs (starUstop only)
· (3) space temperature sensors for monitoring
· (2) new Chillers
· (2) CHW pumps
· (1) Boiler with 3W bypass valve
. (1) HW pump
Siemens shall provide:
· (1) New MEC control panel with Ethernet and FLN capability. This panel shall be
connected to the Pearland Intranet (drop provided by owner) and shall have an
embedded web server capable of communication over the Internet.
· StarUstop control of (3) AHUs
· (1) space temperature sensor for each floor of the building = 3 total
· (8) Immersion temp sensors (Chiller 1 Sup/Ret, Chiller 2 Sup/Ret, CHW
Common Sup/Ret, HW Sup/Ret)
· (1) 3W Bypass valve for HW
· (3) TECs for S/S of AHUs and temp monitoring on each floor
Mechanical Contractor to provide:
· Installation of (8) immersion-type well sensors in CHW and HW piping
· Installation of new 3-way bypass valve in HW piping
City Hall - DOC control of the multi-zone AHUs
In addition to what is described above, Siemens shall provide:
· Controls for (3) multi-zone AHUs
· S/S/Status of AH U
· Supply air temperature
· Freeze detection/safety
· New CHW valve
· Controls for (22) zones
· TEC for each zone
· New electronic damper actuator
· New HW reheat valve
· Extend temperature sensor to location of existing thermostat and replace
· Demolition of pneumatics includes capping and plugging in place
Mechanical Contractor to provide:
· Installation of (3) new AHU CHW valves
· Installation of (22) new HW reheat valves
Community Center
Controls will include full control of (10) single-zone AHUs and the central plant. Chillers
will be configured in a lead/lag sequence and will be staged according to building load.
Equipment includes:
· (10) Single Zone AHUs with CHW and HW
· (2) Chillers
· (2) CHW pumps
· (1) Boiler
Siemens Building Technologies, Inc.
Exhibit C - Performance Assurance
Page 9 of 31
Exhibit eversion 10/01/02
Exhibit C - Performance Assurance
· (1) HW pump
Siemens shall provide:
· (1) New MEC control panel with Ethernet and FLN capability. This panel shall be
connected to the Pearland Intranet (drop provided by owner) and shall have an
embedded web server capable of communication over the Internet.
· Controls for (10) single zone AHUs
· TEC for each AHU
· S/S/Status
· New CHW and new HW valve
· Drain pan float switch for safety
· Each unit can have the ability to be overridden from its corresponding
temperature sensor
· S/S/Status control of chillers, boiler, and pumps
· (8) Immersion temp sensors (Chiller 1 Sup/Ret, Chiller 2 Sup/Ret, CHW
Common Sup/Ret, HW Sup/Ret)
Mechanical Contractor to provide:
· Installation of (8) immersion-type well sensors in CHW and HW piping
· Installation of (20) valves for AHUs (CHW and HW)
Library
Controls will include the replacement of an existing Carrier DOC system. AHUs will be
controlled to maintain space temperature and humidity.
Equipment includes:
· (5) AHUs with OX cooling and HW pre-heat
· (1) Reznor De-Humidification Unit
· (1) Boiler
· (1) HW pump
Siemens shall provide:
· (1) New MEC control panel with Ethernet and FLN capability. This panel shall be
connected to the Pearland Intranet (drop provided by owner) and shall have an
embedded web server capable of communication over the Internet.
· Controls for (5) OX AHUs
· TEC for each AHU
· S/S/Status
· New HW valve
· Supply Air Temperature
· Space Temperature
· Space Humidity
· S/S/Status control of boiler, and pumps
· (2) Immersion temp sensors (HW Sup/Ret)
· Outside Air Temperature and Humidity
Mechanical Contractor to provide:
· Installation of (2) immersion-type well sensors in HW piping
· Installation of (5) valves for AHUs (HW)
Page 10 of 31
Siemens Building Technologies, Inc.
Exhibit C - Performance Assurance
Exhibit eversion 10/01/02
Exhibit C - Performance Assurance
Knapp Senior Center
Controls will include the starting/stopping of (7) split-system units in accordance with
owner designated occupancy schedules.
Equipment includes:
· (7) Split-system AHUs
Siemens shall provide:
· (1) New MEC control panel with Ethernet and FLN capability. This panel shall be
connected to the Pearland Intranet (drop provided by owner) and shall have an
embedded web server capable of communication over the Internet.
· Controls for (7) Split-system AHUs
· TEC for each AHU
· S/S/Status
· Supply Air Temperature
· Space Temperature
· Each unit can have the ability to be overridden from its corresponding
temperature sensor
City Service Center
Controls will include the starting/stopping of (7) split-system units in accordance with
owner designated occupancy schedules.
Equipment includes:
· (7) Split-system AHUs
Siemens shall provide:
· (1) new MEC control panel with Ethernet and FLN capability. This panel shall be
connected to the Pearland Intranet (drop provided by owner) and shall have an
embedded web server capable of communication over the Internet.
· Controls for (7) Split-system AHUs
· TEC for each AHU
· S/S/Status
· Supply Air Temperature
· Space Temperature
· Each unit can have the ability to be overridden from its corresponding
temperature sensor
Westside Community Center
Controls will include the starting/stopping of (6) split-system units, including (1) pre-treat
unit in accordance with owner designated occupancy schedules. Replace the existing
Carrier system.
Equipment includes:
· (6) Split-system AHUs
Siemens Building Technologies, Inc.
Exhibit C - Performance Assurance
Page 11 of 31
Exhibit eversion 10/01/02
Exhibit C - Performance Assurance
Siemens shall provide:
· New MEC control panel with Ethernet and FLN capability. This panel shall be
connected to the Pearland Intranet (drop provided by owner) and shall have an
embedded web server capable of communication over the Internet.
· Controls for (6) Split-system AHUs
· TEC for each AHU
· S/S/Status
· Supply Air Temperature
· Space Temperature
· Each unit can have the ability to be overridden from its corresponding
temperature sensor (with the exception of the pre-treat unit)
Calculations
For electric motors for pumps, fans and air compressors:
Base Demand (kW) = measured power draw of equipment
Post Demand (kW) = Base Demand
Base Energy Consumption (kWh) = Base Demand x Base Annual Operating
Hours
Post Energy Consumption (kWh) = Post Demand x Post Annual Operating Hours
Energy Savings = Base kWh - Post kWh
For unitary split systems:
Base kWh = hours in temperature bin (hrs) x unit efficiency (kW/ton) x estimated
load (tons)
Post kWh = hours in temperature bin during operating hours (hrs) x unit efficiency
(kW/ton) x estimated load (tons)
Energy Savings = Base kWh - Post kWh
Measurement or Reference Tables
Based on spot and or short term measurements.
Location Equipment Unit# Make kW measured
community center AHU 1 Carrier 2.7
com m unity center AHU 2 Carrier 1.96
community center AHU 3 Carrier 1.19
community center AHU 4 Carrier 3.77
community center AHU 5 Carrier 2.35
com m unity center AHU 6 0.34
community center AHU 7 0.28
community center AHU 8 0.5
City Hall AHU 1 Carrier 11.6
City Hall AHU 2 Carrier 9.2
City Hall AHU 3 Carrier 10
library AHU 0.60
library AHU 0.64
library AHU 1.30
library AHU 1.68
library AHU 2.32
Siemens Building Technologies, Inc.
Exhibit C - Performance Assurance
Page 12 of 31
Exhibit eversion 10/01/02
Exhibit C - Performance Assurance
Responsibilitv for SIEMENS and CLIENT
1. Client is responsible for:
a. Annual and routine maintenance on equipment and controls
b. Providing Siemens with all functional changes to facility operations
c. Operating Equipment within manufactures recommended parameters
2. Siemens is responsible for:
a. Annual Visits to equipment
b. Annual savings report to City of Pearland
4.3 Option B - Measured Consumption
4.3.1 Chiller Replacement
Description: The Community Center is the only facility identified for chiller
replacements. The cooling units are in poor condition and operating inefficiently.
Siemens recommends replacing these units with high efficiency units thus
reducing operating costs and increasing system reliability.
ECRM Description for Chiller Replacement
Cooling is provided by 2 identical Carrier air cooled chillers, each with 45 nominal
tons of cooling capacity. The replacements of these units are to be Carrier brand
with 45 nominal tons of cooling capacity and model number: 30RAN045---6-1 HX.
The following building has been included in this ECRM:
Y Community Center
Baseline Conditions
Community Center and City Hall share the same electrical meter (Siemens was
not able to obtain bills for only City Hall)
It is assumed that the Community will continue to be utilized.
Post operating times for the cooling equipment was determined based on
estimations for typical facilities and weather data from the Houston area. Since
the units only operate when needed, the operating hours were conservatively set.
Equipment & Environmental Descriptions
Siemens evaluation of these units indicated rather inefficient operation. It was
determined through logging of the chiller power consumption and chilled water
production that these units are operating poorly and excessively. Both chillers
were found to operate simultaneously for the entire logging period from
10/24/2006 through 11/9/2006. The chillers are identical in design and are have
a nominal cool capacity of 45 tons each. Below is a summary of logged data.
y CHWS range: 40.5 to 51.3 F
y CHWR range: 45.7 to 55.1 F
Y Average Delta T: 4.8 F
y Outside Air Temperature: max 92.5, min 46.8, avg 70 F
y Efficiency: max 1.71, min 1.14, avg 1.4 kW/ton
Siemens Building Technologies, Inc.
Exhibit C - Performance Assurance
Page 13 of 31
Exhibit C version 10/01/02
Exhibit C - Performance Assurance
);- Tons: max 53.2, min 31.14, avg 43.33
Equipment Replacements
of Equipment to be Replaced
location Equipment Type Unit Make Model Nurrber Serial
Number Number
Community Center Coolino Unit chiller Carrier 30GB045610 S394579
Community Center Coo/in 0 Unit chiller Carrier 30GB045610 S394571
City Hall Boiler boiler Aiax OWGH-1250 S 38804
Public Safety Coolina Unit UP 4 BDP Co. Division of Carrier ID#5
Public Safety Coolina Unit SS 14 Trane TTD724B100BO F33216315
Public Safety Coolina Unit UP 10 BDP Co. Division of Carrier 585HJ036060 2385C39926
Public Safety Coolina Unit UP 5 BDP Co. Division of Carrier 585JEW060100ABEG 4385C81349
Public Safety Coolina Unit UP 8 BDP Co. Division of Carrier 585JEW036060ABAF 3785C32734
Public Safety Coolina Unit UP 6 BDP Co. Division of Carrier 585JEW060100ABEG 3585C18550
Public Safety Coolina Unit UP 7 BDP Co. Division of Carrier 585JEW060100ABEG 3585C18553
Public Works IFleet Main!) Coolina Unit SS Goodman CK60-3C 9611029003
Ems Coolina Unit SS 3 Inter-Citv Products CA3048VHA1 L921132018
Ems Coolina Unit SS 4 Rheem
Ems Coolina Unit SS 5 Goodman CK60-1 C 10425341
Ems Coolina Unit SS 2 Rudd
Ems Coolina Unit SS 1 York H2RC036S06G WOE5228886
Library Coolina Unit SS 4 York H2CA300A46D NAHfvD11092
Library Coolina Unit SS 5 York H2CA360A46D NDHfvD57133
Librarv Coolinq Unit SS 3 York H3CE240A46A NCHfvD33978
Library Coolina Unit SS York H4CE090A46C NFHfvD73014
Library Coolina Unit SS York H4CE090A46C NFHfvD73009
Calculations
The methodology of determining existing equipment performance is by linear
regression modeling based on recorded weather data and actual equipment
power and net output.
The facility's thermal cooling demand is defined, based on measured outside air
temperature, chilled water flow, chilled water supply and return temperatures as:
y = 0.4807x + 9.4946. Where y = tons of cooling as a function of outside air
temperature. Combining the chiller output (tons) with the chiller power draw
(kW) the following chiller performance is determined; existing chiller performance
is defined as y = 0.0081 x + 0.8371, where y = kW per ton or chiller power draw
(kW) per ton of cooling (12,000 Btu/hour) and "x" is the recorded outside air
temperature.
The savings calculations are performed using the measured equipment
performance and historical weather data in the form of temperature bin analysis
for the Houston area. Weather data was obtained from the United States
Department of Energy. Savings are determined using a 15% reduction in power
per cooling capability (kW/ton). The methodology of calculation is typical of
energy calculations for mechanical cooling equipment. Energy savings are also
attributed by control of the system thus limiting operating hours to only required
periods.
Siemens Building Technologies, Inc.
Exhibit C - Performance Assurance
Page 14 of 31
Exhibit C version 10/01/02
Exhibit C - Performance Assurance
Utilitv cost savinqs are calculated usinq the followinq formulas:
Calculation of Energy Savings
Base operating kW = efficiency (kW/ton) x load (tons)
Base operating kWh = base operating power (kW) x base operating hours (hr)
Post operating kW = efficiency (kW/ton) x load (tons)
Post operating kWh = base operating power (kW) x base operating hours (hr)
Savings kW = post kW - base kW
Savings kWh = post kWh - base kWh
Calculations Variables Index N/A
Measurement or Reference Tables
The chart below is the measured performance curve of the existing chillers.
kW vs oat
1.80
1.70
1.60
1.50
1.40
c
o
~ 1.30
"'"
1.20
1.10
1.00
y = 0.0081x + 0.8371
0.90
0.80
40
50
60
70
80
90
100
oat
Responsibilitv for SIEMENS and CLIENT
1. Client is responsible for:
a) Annual and routine maintenance on new equipment
b) Providing Siemens with all functional changes to facility and
equipment operation
c) Operate equipment within manufacturers recommended
parameters
Siemens Building Technologies, Inc.
Exhibit C - Performance Assurance
Page 15of31
Exhibit eversion 10/01/02
Exhibit C - Performance Assurance
d) Descriptive log of maintenance performed
2. Siemens is responsible for:
a) Continuous measurement and logging of installed equipment for
the first year post project acceptance
b) Annual visits to all equipment
c) Performing savings calculations
d) Providing an annual report of efficiency maintenance and savings
Specifications on Measurement Tools Siemens will install and integrate a Veris
OEM electric meter with the Siemens Apogee EMCS. Additionally, temperature
sensors and a flow meter will be installed. The installation of this equipment will
enable the continuous measurement of chiller performance and energy and
demand usage.
4.4 Option D - Stipulated
4.4.1 Unitary Cooling Equipment Replacement
Description Efficiency increase by replacing existing equipment with similar
replacements. For complete list of equipment replacements, please reference
section 7.2.
Equipment Replacements
iTable of Equipment to be Replaced
location Equipment Type Unit Make Model Number Serial
Number Number
Community Center CoolinQ Unit chiller Carrier 30GB045610 S394579
Community Center CoolinQ Unit chiller Carrier 30GB045610 S394571
citY Hall Boiler boiler IAiax OWGH-1250 S 38804
Public Safety CoolinQ Unit UP 4 BDP Co. Division of Carrier ID#5
Public Safety Coolina Unit SS 14 Trane TTD724B100BO F33216315
Public Safety CoolinQ Unit UP 10 BDP Co. Division of Carrier 585HJ036060 2385C39926
Public Safety Coolina Unit UP 5 BDP Co. Division of Carrier 585JEW060100ABEG 4385C81349
Public Safety CoolinQ Unit UP 8 BDP Co. Division of Carrier 585JEW036060ABAF 3785C32734
Public Safety Coolina Unit UP 6 BDP Co. Division of Carrier 585JEW060100ABEG 3585C18550
Public Safety CoolinQ Unit UP 7 BDP Co. Division of Carrier 585JEW 0601 OOABE G 3585C18553
Public Works (Fleet Main!) CoolinQ Unit SS Goodman CK60-3C 9611029003
Ems CoolinQ Unit SS 3 Inter -City Products CA3048VHA 1 L921132018
Ems CoolinQ Unit SS 4 Rheem
Ems Coolina Unit SS 5 Goodm an CK60-1C 10425341
Ems CoolinQ Unit SS 2 Rudd
Ems CoolinQ Unit SS 1 York H2RC036S06G WOE5228886
Library CoolinQ Unit SS 4 York H2CA300M6D NAHrvD11092
Library Coolina Unit SS 5 York H2CA360M6D NDHrvD57133
Library CoolinQ Unit SS 3 York H3CE240M6A NCHrvD33978
Library CoolinQ Unit SS York H4CE090M6C NFHrvD73014
Library CoolinQ Unit SS York H4CE090M6C NFHrvD73009
UP: Unitary Packaged Unit
SS: Unitary Split System
Calculations
Based on CalcSmart, a local utility provided calculation tool approved for
calculation of savings for unitary cooling equipment efficiency improvements.
Page 16 of 31
Siemens Building Technologies, Inc.
Exhibit C - Performance Assurance
Exhibit eversion 10/01/02
Exhibit C - Performance Assurance
kWh""vings = Tons * (c . 1] baseline - d '1]post-installation)
Where:
kWhsavingS
Calculated energy savings
Tons
the rated equipment cooling capacity at ARI standard conditions
The energy coefficient from table A.1 0 in the Appendix for the
appropriate climate zone, building type and baseline equipment type.
c
1] baseline
Efficiency of the baseline equipment (kW/Ton)
d
The energy coefficient from table A.1 0 in the Appendix for the
appropriate climate zone, building type and retrofit equipment type.
1] post-installation
=
Rated efficiency of the installed equipment (kW/Ton)
kWsavings = Tons * (0 '1]baseline - b '1]post-installation)
Where:
k Wsavings
Calculated demand savings
Tons
the rated equipment cooling capacity at ARI standard conditions
The demand coefficient from table A.1 0 in the Appendix for the
appropriate climate zone, building type and baseline equipment type.
o
1] baseline
Efficiency of the baseline equipment (kW/Ton)
b
The demand coefficient from table A.1 0 in the Appendix for the
appropriate climate zone, building type and retrofit equipment type.
1] post-installation
Rated efficiency of the installed equipment (kW/Ton)
Calculations Variables Index N/A
Measurement or Reference Tables
ASHRAE 90.1
Manufacturer's specification sheets. Efficiency to be the Integrated Part Load
Value (IPL V).
Siemens Building Technologies, Inc.
Exhibit C - Performance Assurance
Page 17 of31
Exhibit eversion 10101/02
Exhibit C - Performance Assurance
Responsibilitv for SIEMENS and CLIENT
1. Client is responsible for:
a. Annual and routine maintenance on new equipment
b. Providing Siemens with all functional changes to facility and
equipment operation
c. Operate equipment within manufacturers recommended
parameters
d. Log of maintenance performed on equipment
2. Siemens is responsible for:
a. Annual visits to all equipment
b. Performing savings calculations
c. Providing an annual report of efficiency maintenance and savings
4.4.2 Lighting Efficiency Retrofit
Description
Increase lighting efficiency by retrofitting existing systems with modern
technology lighting systems. This involves retrofitting existing, inefficient lighting
systems in several buildings located throughout City of Pearland with new energy
efficient lighting equipment such as electronic ballast and T-8 lamps.
System Tvoe Retrofit Stratef!jl
T -12 Fluorescents with Replace T-12 lamps with new efficient T-8lamps and
Magnetic Ballasts instant start electronic ballast
Incandescent screw base Where applicable, replace incandescent screw in type
lamps lamps with compact fluorescent lamps
Incandescent / Fluorescent Replace all exits with new LED exit signage.
Exit signs
Manual switches in select Replace with either automatic wall or ceiling mounted
offices and areas occupancy sensors in combination with programmed
start ballast* and T8 lamps.
. Note: There is a slight delay from the time the fixture is supplied power and the lights turning on. This delay is
approximately 1-2 seconds. However, to ensure design life expectancy from lamps as well as to validate
manufactures warranty, programmed start ballast are to be used where occupancy sensors will be installed.
Hours of operation are based on facility occupancy periods.
Calculations
The power consumption for each type of fixture is determined from the Table of
Standard Fixture Wattages. This table is approved by the State Regulatory
Agency, the Public Utility Commission of Texas (PUCT). This table is used to
determine the installed and proposed retrofit fixture wattages based on fixture
type.
For all fixtures, the difference between the power draw values yields the kW
savings per fixture.
(Existing power draw - Post installation power draw) = kW savings per fixture
Page 18 of 31
Siemens Building Technologies, Inc.
Exhibit C - Performance Assurance
Exhibit eversion 10/01/02
Exhibit C - Performance Assurance
Multiplying the power savings by the annual operating hours yields the energy
(kWh) savings.
(Existing power consumption - Post installation power consumption) x (annual
operating hours) = kWh savings per fixture
Reducing the power draw of fixtures contributes to a lowering internal heat gains,
thus reducing the actual cooling load (tons). An additional 1 0% of the saved
demand (kW) and 5% of the saved energy (kWh) are directly attributed by the
reduction in cooling load and energy.
Calculations Variables Index N/A
Measurement or Reference Tables
Table of Standard Wattages, approved by the Public Utility Commission of Texas
(PUCT).
Responsibility for SIEMENS and CLIENT
1. Client is responsible for
a. Lamp, ballast and sensor replacements post project acceptance
b. Notifying Siemens of any fixture, lamp and ballast failures
c. Replacing inventory with compatible lamps, ballasts and fixtures
2. Siemens is responsible for:
a. Annual visits to all equipment
b. Annual report to City of Pearland
4.4.3 Water Fixture Retrofit
Description Reduced potable water consumption by the implementation of low
flow devices.
Calculations
Formulas:
WaterBase (kgal) = # of fixtures x uses/year/fixture x min/use x gal/minbase
(manufacturer specified)
Natural GasBase (kcf) = WaterBase (kgal) x 62.32 Ib/ft3 / [7.48 gal1ft3 x 1 btu/lb]
/1000 [btu/mbh] x (Ts [OF] - Ta [OF]) x heating system efficiency %
WaterPost (kgal) = # of fixtures x uses/year/fixture x min/use x gal/minbase
(manufacturer specified)
Natural GasPost (kef) = WaterPost (kgal) x 62.32 Ib/ft3 / [7.48 gal/ft3 x 1 btu/lb]
/1000 [btu/mbh] x (Ts rF] - Ta [OF]) x heating system efficiency %
Where:
Ts = average hoUcold temperature water
Ta = average cold temperature water
Siemens Building Technologies, Inc.
Exhibit C - Performance Assurance
Page 19 of31
Exhibit eversion 10/01/02
Exhibit C - Performance Assurance
Calculations Variables Index N/A
Measurement or Reference Tables
Manufactures Data Specification Sheets
Responsibilitv for SIEMENS and CLIENT
1. Client is responsible for
a. Annual and routine maintenance on Siemens installed fixtures.
b. Notifying Siemens of any malfunctions.
c. Operate equipment within manufacturers recommended parameters.
2. Siemens is responsible for:
a. Annual visits to all Siemens installed equipment
b. Annual report to City of Pearland
Siemens Building Technologies, Inc.
Exhibit C - Performance Assurance
Page 20 of 31
Exhibit eversion 10/01/02
Exhibit C - Performance Assurance
Article 5: Baseline Data
5.1 Table 5.1 outlines the utility consumption that occurred during this Baseline
period. This Baseline facility utility consumption will be used as the reference
that future years utility usage will be compared to in order to determination the
Guaranteed Savings. Data available is provided below. .
Table 5.1 - Baseline Utility Consumption
Electrical G"
Month Consumption (kWh) Demand Demand Power Factor Fuel peRF or "Total Cost ($) Consumption Cost ($)
Metered (kW Charged Adjustment Cogsneratio (Mcf)
orkVA) (kWor ($/kWh) n($IkWh)
kVA)
Jan-2005 5,840 24 32 0.00 $ 715
Feb--2005 5.120 30 32 0.00 $ 646
Mar-ZOOS 5,680 34 34 0.00 $ 710
Apr-ZOO5 8.840 36 36 0.00 $ 1,074
May-ZOOS 10,200 38 38 0.00 $ 1.220
Jun-2005 10,720 38 38 0.00 $ 1.272
Jul-2005 12,600 40 40 0.00 $ 1.469
Aug-2005 12,200 40 40 0.00 $ 1.453
Sep-ZooS 10.360 39 3. 0.00 $ 1,261
Oct-2004 8,240 36 36 0,00 $ 070
No.....2004 5.960 36 36 0,00 $ 745
Dee-2004 6.200 22 32 000 $ 750
Month
Consumption (kWh) Demand
Metered (kW
orkVA)
peRF or
Cogeneratio:
n($/kWh)
Consumptio
n (kgal)
Cost ($)
Jan-ZOO5
Feb-2005
Mar-200S
Apr-2005
May-2ooS
Jun-2005
JuI-ZOO5
Aug-2005
Sap-200S
Ocl-2004
No.....2004
Dec-2004
5.562
4.760
5,234
5,921
8,189
8,914
9.613
9.365
8.041
6.692
5.326
5,675
21
21
22
24
24
24
24
24
24
24
24
24
0.00
0.00
0,00
0.00
0.00
0.00
0.00
0.00
0,00
0.00
0.00
0.00
650
570
621
725
.51
1,023
1.093
1,087
.52
772
637
672
Electricity
First Choice Power
370
Siemens Building Technologies, Inc.
Exhibit C - Performance Assurance
Page 21 of 31
Exhibit eversion 10/01/02
Exhibit C - Performance Assurance
'BIde. [): Tnm
:m . . .....
I~:;;::~'ng .2004-10-13
:2005:00-15 ! ..
Electrical Go> Water
Month Consumption (kWh): Demand Demand PO'Mlr Factor Fuel peRF or *Total Cost ($) iConsumption Cost ($) Consumptio Cost ($)
Metered (kW Charged Adjustment ' Cogeneratio (Mcf) n (kgal)
orkVA) . (kWor ($/kWh) n($/kWh)
kVA}
Jan-20OS 41.760 154 181 0.00 $ 4,659
Feb-2005 45,312 155 181 0.00 $ 5.214
Mar-20OS 52.032 163 181 0.00 $ S,B87
Apr-20OS 62,018 201 201 0.00 $ 7.200
May-ZOOS 83,520 216 216 0,00 $ 9,417
Jun-2005 85,344 240 240 0.00 $ 9,716
Jul-2005 103.104 199 199 0.00 $ 11,285
Aug.-2ooS 86,496 195 195 0.00 $ 9,781
Sap-200S 74,208 ,95 195 0,00 $ 8,532
Oct.2Q04 76,608 208 208 0.00 $ 8.428
1'40....2004 55.680 178 181 0.00 $ 6.257
Dec-2004 54,624 148 181 0.00 $ 6,138
m :. ..... .... m. .m m...... ..m......... ...m
.'mm... m
..mm m
IElectricity :NalurafGas ~Water
g;;~~:~; ~'.m.; I First Choice Power CenlerPoinl City of Peariand I City of ... ........
I 360
Rkin n ......
3""'n"',,,, .i()04-10-i,m I
:nd'ng . 2005:09-14
... Electrical Go> Water
Month Consumption (kWh) Demand Demand Power Factor Fuel PCRF or or olal Cost ($) Consumption Cost ($) Consumptio Cost ($)
Meterecl(kW Charged Adjustment Cogeneratio (Mcf) n (kgal)
orkVA) (kWor ($/kWh) n($IkWh)
kVA}
Jan-2005 47,232 8. 115 0.00 $ 5.159
Feb-200S 52.704 106 115 0.00 $ 5.713
Mar-200S 51.168 115 115 0.00 $ 5,564
Apr-200S 51.456 115 115 0.00 $ 5,728
May-200S 68,160 134 134 0.00 $ 7,485
Jun-200S 67,872 154 154 0.00 $ 7,554
Jul-2005 67,OOB 144 144 0.00 $ 7,419
Aug-2005 72,288 144 144 0.00 $ 7,944
Sep.2005 59,424 154 154 000 $ 6,829
Oct-2004 54,624 134 134 0.00 $ 5,968
No....2004 53,664 106 115 0.00 $ 5.609
Dec-2004 S2.6OB 96 115 0,00 $ 5,699
........
Water .....m
Electricity Natural Gas
Como",,, First Choice Po'o't'Elr CenterPoint City of Pearland I City of ............
360
RIrl,,~ In.
'2004-1 0-,. . .
.......... . ..2005:09-1'<; ....
.mm ..
Electrical Go> I Water
Month Consumption (kWh) Demand r I Demand ~ PO.....-ef Factor Fuel PCRF or 'Total Cost ($) Consumption Cost ($) ~ Consumptio Cost ($)
Metered (kW Charged Adjustment Cogeneratio (Mct) n (kgal)
or kVA) (~~A~r: ($/kWh) n($IkWh)
Jan-2005 164,180 509 509 0.00 $ 16,286
Feb-200S 167.424 509 SO. 0.00 $ 16,612
Mar-200S 174,336 509 509 0.00 $ 19.300
Apr-2005 163,966 447 447 0.00 $ 16,562
May-2005 212,928 472 472 0.00 $ 23,563
Jun-200S 192,768 472 472 0.00 $ 21,554
Jul-200S 196,032 472 472 0.00 $ 21,879
Aug-200S 213.504 484 484 0.00 $ 24.100
Sap-20OS 189.886 497 497 0.00 $ 21.763
Oct-2004 163,168 509 509 0.00 $ 20,141
No....2004 194.112 509 509 0.00 $ 21.271
Dec-2004 186.816 S09 509 000 $ 20,544
.... .m
.... m mi
Electricity Natural Gas Water .. .
' Name First Choice Power CenterPoint I City of Pearland / City of I
360 I
Siemens Building Technologies, Inc.
Exhibit C - Performance Assurance
Page 22 of 31
Exhibit eversion 10/01/02
Exhibit C - Performance Assurance
..... Blde.ID
~;:;::~~in9 2004-10-14 .:
2005-0!l-15 J
, Electrical Ga, Water
Month Consumption (kWh) Demand Demand Power Faclor Fuel peRF or "Total Cost ($) Consumption Co,t ($) 'Coo,"mp", Cost ($)
Metered (kW Charged Adjustment Cogeneralio (Mef) n (kgal)
Of kVA) (kWor (S/kWh) n($/kWh)
kVA)
Jan-2005 23.472 62 100 0.00 $ 2.731
Feb.2ooS 23,616 62 100 0.00 $ 2.746
Mar-2ooS 20,400 72 100 0.00 $ 2,430
Apr-2005 18,000 72 100 0.00 $ 2,275
May-ZOOS 19.536 72 100 0.00 $ 2.428
Jun-200S 20.448 84 100 0.00 $ 2.539
Jul-ZOO5 23.664 66 100 0.00 $ 2,862
Aug-ZOO5 19,200 71 100 0.00 $ 2.440
Sap-200s 16,512 71 100 0.00 $ 2.063
Oct.2004 19.392 125 125 0.00 $ 2.425
Nov-2004 24.864 72 100 0.00 $ 2,874
0e<;-2004 26.544 65 100 0.00 $ 3.039
............... ..........
............ ....................
....
Electricity Natura! Gas Water :
First Choice Power CenterPoint City of Pearland I City of
360
Bide [J. HAS
:B.ainnin(] . 'nM.'()..'. i :..:.::::: i . ...
Ending 2005-09.15 .. ... ..'. ...
Electrical G" Water
Month Consumption (kWh)-;- Demand - i- Demand Power Factor Fuel PCRF or *Total Cost ($) Consumption Cost ($) : Consumptlo Cost ($)
Metered (kW Charged Adjustment Cogeneratio (Mcf) n (kgal)
or kVA) (kWor ($lkWh) n($/kWh)
kVA)
Jan-2005 13.480 64 64 0.00 $ 1.61g
Feb-2oo5 11.280 46 59 0.00 $ 1.375
Mar-2oo5 14,180 50 59 0.00 $ 1,666
Apr.2oo5 12,940 50 59 0.00 $ 1.601
May-2oo5 17,960 58 59 0.00 $ 2,115
Jun-2005 19.720 56 59 0.00 $ 2.290
Jul-2005 21,620 62 62 000 $ 2,496
Aug-2005 21,740 62 62 0.00 $ 2,550
Sep-200S 18,660 62 62 0,00 $ 2,237
Oct-1004 15,760 58 58 0,00 $ 1.820
No"..2oo4 12,540 52 52 0.00 $ 1.481
Dec-2004 14.720 74 74 000 $ 1,780
. .mmfmm + . ..........
Electricity Natural Gas Water
Com,,", Nam.. First Choice Power CenterPoint City of Pearland f City of
Oomp,"v 360
'Bldn 0,
~;:;::~~ing ?11M.1 n.,.
?M"-nQ.." f.. : . m
Electrical G" Water
Month ConsumptIon (kWh) Demand I' Demand : PO\oY6l' Factor Fuel PCRF or *Total Cost ($) Consumption Cost ($) ! co;~~:~)tiO : Cost ($)
Metered (kW Charged Adjustment Cogeneratio (Mcf)
or kVA) (kWor ($/kWh) n($/kWh)
kVA)
Jan-200S 5,640 32 32 0.00 $ 711
Feb.2oo5 4,080 30 30 0.00 $ 545
Mar-2ooS 3,880 26 28 0.00 $ 517
Apr-200S 4.040 30 30 0,00 $ 576
May-200S 6,080 28 26 0.00 $ 774
Jun-200S 7,160 26 27 0.00 $ 677
Jul-2005 7.440 26 26 0.00 $ 912
Aug-200S 7,560 30 30 0.00 $ 949
Sep-2ooS 6,480 30 30 0.00 $ 837
Oct-2004 5.520 32 32 0.00 $ 696
No"..2004 3.800 26 26 0,00 $ 509
Dec-20Q4 6,640 34 34 0,00 $ 620
'.m. m.
.m
Electricity Natural Gas Water .i
Comp,"v Name First Choice Power CenterPoint City of Peartand I City of
370
Siemens Building Technologies, Inc.
Exhibit C - Performance Assurance
Page 23 of 31
Exhibit eversion 10/01/02
Exhibit C - Performance Assurance
Fuel Cost ($)
Adjustment
($/kWh)
Jan-2005 0 0 0.00 $ 4
Fob.200S 0 0 0.00 $ 4
Mar-ZOOS 75.264 87 0,00 $ 8.027
Apr-2ooS 21.408 86 0.00 $ 2,839
May-200S 23.808 45 0.00 $ 2.785
Jun~2005 4,992 25 0,00 $ 816
Jul-2005 4,704 25 0.00 $ 786
Aug-20OS 5,280 25 0.00 $ 645
Sep-20OS 4.416 25 0,00 $ 786
Oct-2004 0 0 0.00 $ 4
No"..2004 0 0 0.00 $ 4
Dee-2004 0 0 0.00 $ 4
Natural Gas
CenterPoint City of Pearland I City of
OJ
Month
Jan.2005
Feb-2ooS
Mar-2ooS
Apr-2005
May-200S
Jun-2005
Jul-2005
Aug-2005
Sep-20OS
Oct-2004
No.....2004
Dee-ZOO4
16.512
19,872
22,560
17.760
24,000
30,816
16,992
30.240
23.040
11;1,584
21.504
13.248
86
8S
8S
88
86
87
86
87
87
86
87
87
Demand
Charged
(kWot
kVA)
86
85
8S
68
88
87
86
87
87
86
87
87
Fuel
Adjustment
($/kWn)
peRF or
Cogeneratio
n($IkWh)
0,00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0,00
2.003
2.334
2.602
2,228
2,650
3.534
2,152
3.476
2,604
2.302
2,504
1,681
Natural Gas
CenterPoint
COMMUNI1Y CENTER - 3523 L1BER1Y Dr.
GAS MMBtu
8/21/2006 $ 4,728.32
7/17/2006 $ 6,652.63
6/21/2006 $ 5,178.71
5/22/2006 $ 7,018.57
4/21/2006 $ 6,459.95
3/22/2006 $ 6,866.55
~"W,=m-__~~..VA_A"~,'m_w_~ "m"^"~'~~''''''V''''~'''''=~''."''''~','m'~w,','__''m,',',...._.~..__=
11/1i/2006T$m
4,779.00 :
704
5.2 The operating practices during the Baseline period determine the utility
consumption shown in Table 5.1. The following data of this article outline the
operating characteristics that were in effect during the Baseline period. The
Guaranteed Savings provided under this Agreement are based on the
efficiencies gained by implementing the FIM Work and implementing specific
configuration of operating practices defined as the Contracted Baseline in Article
7 ofthis Exhibit C.
Siemens Building Technologies, Inc.
Exhibit C - Performance Assurance
Page 24 of 31
Exhibit C version 10/01/02
Exhibit C - Performance Assurance
Table 5.2.x
Summer/Winter Operating Hours
Day of Week On Peak Off Peak
Run Hours Run Hours
Monday Continuous/StandbY
Tuesday Continuous/Standby
'Wednesday Continuous/Standby
Thursday Continuous/Standby
Friday Continuous/Standby
Saturday Continuous/Standby
Sunday Continuous/StandbY
Holiday Continuous/Standby
Table 5.2.x
Summer/Winter Operating Temperatures
Day of Week On Peak On Peak Off Peak Off Peak
Minimum DEG Maximum DEG Minimum DEG Maximum DEG
Monday N/A
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
Holiday
Siemens Building Technologies, Inc.
Exhibit C - Performance Assurance
Page 25 of 31
Exhibit C version 10/01/02
Exhibit C - Performance Assurance
Table 5.2.x
Equipment Summer/Winter Operating Parameters
Day of Week On Peak On Peak Off Peak Off Peak
Monday N/A
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
Holiday
Table 5.2.x
Occupancy Summer/Winter
Day of Week Day Afternoon Night
Monday N/A
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
Holiday
5.3 Applicable codes - Federal, State (Provincial), County or Municipal codes or
regulations are applicable to the use and operation of the facility. SIEMENS will
maintain the current level of facility compliance relative to applicable codes
unless specifically outlined to the contrary below.
5.3.1 Current code compliance:
a.
b.
5.3.2 Code changes:
5.4 Building Inventory - The following information outlines the equipment inventory's
th t . t. th f Tt d . th B r . d
a eXls In e aCI I[Y unng e ase Ine peno
Location Equipment ID Make Model # Serial # Size
Community Chiller Carrier 30G8045610 8394579 45 tons
Cntr.
Community Chiller Carrier 3008045610 8394571 45 tons
Cntr.
Community Air Handling 1 Carrier
Cntr. Unit
Community Air Handling 2 Carrier
Cntr. Unit
Community Air Handling 3 Carrier
Cntr. Unit
Community Air Handling 4 Carrier
Cntr. Unit
Community Air Handling 5 Carrier
Cntr. Unit
Community Air Handling 6
Cntr. Unit
Community Air Handling 7
Cntr. Unit
Siemens Building Technologies, Inc.
Exhibit C - Performance Assurance
Page 26 of 31
Exhibit eversion 10/01/02
Exhibit C - Performance Assurance
Location Equipment 10 Make Model # Serial # Size
Community Air Handling 8
Cntr. Unit 1,250,000
City Hall Boiler Ajax OWGH-1250 S 38804 Btu/hr
Unitary BOP Co.
Public Safety 4 Division of assumed = 10 #5 5 tons
Package Carrier
Pubiic Safety Unitary Split 14 Trane TTD724B100BO F33216315 2 tons
Svstem
Unitary BOP Co.
Public Safety 10 Division of 585HJ036060 2385C39926 3 tons
Package Carrier
Unitary BOP Co.
Public Safety 5 Division of 585JEW060100ABEG 4385C81349 5 tons
Package Carrier
Unitary BOP Co.
Public Safety 8 Division of 585JEW036060ABAF 3785C32734 3 tons
Package Carrier
Unitary BOP Co.
Public Safety 6 Division of 585JEW060100ABEG 3585C 18550 5 tons
Package Carrier
Unitary BOP Co.
Public Safety 7 Division of 585JEW060100ABEG 3585C18553 5 tons
Package Carrier
Public Works Unitary Split Lennox HS 19-513-6Y 5895C 45324 4.5* ton
Office Svstem
Public Works Unitary Split Lennox HS19-653-6Y 5895A 48556 5* tons
Office System
Public Works Unitary Split Allegiance 2A7C0060A3000AA 6431U6F3F 5 tons
Office Svstem
Public Works Unitary Split International TCA436AKC4 E054611786 3 tons
Office Svstem Comfort
Public Works Unitary Split Trane TTB042D100AO Z262RCTBF 3.5 tons
Office System
Public Works Unitary Split Trane 2TTB2036A 1 OOOAA 30947NC3F 3 tons
Office System
Public Works Unitary Split International TCA060AKA 1 L0027 12662 5 tons
Office Svstem Comfort
Public Works Unitary Split Goodman CK60-3C 9611029003 5 tons
(Fleet Maint) System
EMS Unitary Split 3 Inter-City CA3048VHA 1 L921132018 4 tons
System Products
EMS Unitary Split 4 Rheem 3* tons
Svstem
EMS Unitary Split 5 Goodman CK60-1C 10425341 5 tons
Svstem
EMS Unitary Split 2 Rudd 4 * tons
System
EMS Unitary Split 1 York H2RC036S06G WOE5228886 3 tons
System
Melvin Knapp Unitary 1 Lennox GCS16-413-50-5Y 5691 L02883 3.5 tons
Sr. Cn!. PackaQe
Melvin Knapp Unitary Split 2 Lennox HS20-311-2P 5190L13492 2.5 tons
Sr. Cn!. System
Melvin Knapp Unitary 3 Lennox GCS 16-413-50-5Y 5691 L02878 3.5 tons
Sr. Cn!. Packaae
Melvin Knapp Unitary 4 Lennox GCS 16-413-50-5Y 5691 L02881 3.5 tons
Sr. Cn!. Packaae
Melvin Knapp Unitary 5 Lennox GCS16-413-50-5Y 5691 L02879 3.5 tons
Sr. Cn!. Packaae
Melvin Knapp Unitary Split 6 Lennox HS20-211-2P 5191J00352 1.5 tons
Sr. Cn!. Svstem
Melvin Knapp Unitary 7 Lennox GCS 16-413-50-5Y 5691 L02884 3.5 tons
Sr. Cn!. PackaQe
Melvin Knapp Unitary Split 8 Trane TT A060A300BO I 149228282 5 tons
. , I
Siemens Building Technologies, Inc.
Exhibit C - Performance Assurance
Page 27 of 31
Exhibit eversion 10/01/02
Exhibit C - Performance Assurance
Location Equipment 10 Make Model # Serial # Size
Sr. Cn!. System
Melvin Knapp Unitary Split 9 Rheem RAKA060CAS 4991 M37 5 tons
Sr. Cn!. Svstem 9608269
Library Unitary Split 4 York H2CA300A46D NAHMO 11092 25 tons
Svstem
Library Unitary Split 5 York H2CA360A46D NDHM057133 30 tons
Svstem
Library Unitary Split 3 York H3CE240A46A NCHM033978 20 tons
Svstem
Library Unitary Split York H4CE090A46C NFHM073014 7.5 tons
Svstem .
Library Unitary Split York H4CE090A46C NFHM073009 7.5 tons
Svstem
Westside event Unitary Split
center System Heat 1 Carrier 38BYC060340 5 tons
Pumo
Westside event Unitary Split
center System Heat 2 Carrier 38BYC060340 4604E20612 5 tons
Pump
Westside event Unitary Split
center System Heat 3 Ca rrier 38BYC042340 2004219871 3.5 tons
Pump
Westside event Unitary Split
center System Heat 4 Carrier 38BYC060340 4404E21775 5 tons
Pump
Westside event Unitary Split
center System Heat 5 Carrier 38BYC030350 (?) 2.5 tons
Pumo
Westside event Unitary Split MON Coil
center System 6 Products CA1205
Outdoor Air
5.5 N/A
5.6 N/A
Siemens Building Technologies, Inc.
Exhibit C - Performance Assurance
Page 28 of 31
Exhibit eversion 10/01/02
Exhibit C - Performance Assurance
Article 6: Utility Rate Structures and Escalation Rates
6.1 Utility costs used for savings calculations will be based on the utility rate in effect
for the predominant bill or the utility rate in effect for the corresponding period of
the Baseline period, whichever is greater. The rate in effect during the Baseline
period will be designated the floor price, and is shown below for each utility. An
escalation rate (noted below for each utility) per annual period will be applied to
the floor rates. The escalated floor rate will be compared to the utility rate in
effect in each future annual period and the greater of the two will be applied to
the actual utility savings occurring in that annual period.
Table 6.1.1 Electricity
Tariff Number or Designation:
Utility Name:
Rate Structure:
First Choice Power
$0.101195 $ per kWh
N/A $ per kW
Rate Escalation:
1.0 % per Annual Period
Table 6.1.2 Natural gas
Tariff Number or Designation:
Utility Name:
Rate Structure:
CenterPoint
$0.679 $ per Therm
Rate Escalation:
1.0% % per Annual Period
Table 6.1.3 Water
Tariff Number or Designation:
Utility Name:
Rate Structure:
City of Pearland
$1.46 $ per kgallon
Rate Escalation:
1.0% % per Annual Period
Table 6.1.4 Sewer
Tariff Number or Designation:
Utility Name: City of Pearland
Rate Structure: 0 $ per kgallon
Rate Escalation:
o % per Annual Period
6.2
6.3
CLIENT:
Signature:
Printed Name:
Title:
Date:
~
Bill Eisen
City Manager
May 14, 2007
J
SIEMENS:
Signature:
Printed Name:
Title: Gffi!@rlumce &. Comrtia~('l'
Date: ~
. !?f
Siemens Building Technologies, Inc.
Exhibit C - Performance Assurance
Page 29 of 31
N"".~ ;r'J~bit eversion 10101/02
fflj LEGAL
TITLE: Noe G. Bermudez APPRO ~
Assistant secret':!}'
DATE: ~ -2 t. -0 SEBASTIAN N. DANZI(;ER
Exhibit C - Performance Assurance
Article 7: Contracted Baseline Data
7.1 The following data of this article outlines the operating characteristics that are
required to be implemented under the FIM Work. This specific configuration of
operating practices is the Contracted Baseline.
Table 7.1.x
Summer/Winter Operating Hours
Day of Week On Peak Off Peak
Run Hours Run Hours
Monday Limited As Needed
Schedule
Tuesday Limited As Needed
Schedule
Wednesday Limited As Needed
Schedule
Thursday Limited As Needed
Schedule
Friday Limited As Needed
Schedule
Saturday Limited As Needed
Schedule
Sunday Limited As Needed
Schedule
Holiday Limited As Needed
Schedule
Table 7.1.x
Summer/Winter Operating Temperatures
Day of Week On Peak On Peak Off Peak Off Peak
Minimum DEG Maximum DEG Minimum DEG Maximum DEG
Monday N/A
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
Holiday
Table 7.1.x
Equipment Summer/Winter (from month to month) Operating Parameters
Day of Week On Peak On Peak Off Peak Off Peak
Minimum Maximum Minimum Maximum
CFM/BTU/GPM CFM/BTU/GPM CFM/BTU/GPM CFM/BTU/GPM
(Us/MJ/Lls) (Us/MJ/Lls) (L1s/MJ/Lls) (L1s/MJ/Lls)
Monday N/A
Tuesday
Wednesday
Thursdav
Friday
Saturday
Sunday
Holiday
Siemens Building Technologies, Inc.
Exhibit C - Performance Assurance
Page 30 of 31
Exhibit eversion 10/01/02
Exhibit C - Performance Assurance
Table 7.2.x
Occupancy Summer/Winter
Day of Week Day Afternoon Night
Monday N/A
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
Holiday
7.2 Building Inventory - The following information outlines the additional or replaced
~q uiPI1l~l1tiI1V~l1t()rythClt.. r~15lJ It~c:jfrol1lth~mil1l pJ~m~l1tati()l1(>f.the ...FIMYV()rk.
Table of Eauipment to be Replaced
location Equipment Type Unit Make Model Nurmer Serial
Nurmer Number
Community Center Coolina Unit chiller Carrier 30GB045610 S394579
Community Center Coolinq Unit chiller Carrier 30GB045610 S394571
City Hall Boiler boiler IAiax QWGH-1250 S 38804
Public Safely Coolina Unit UP 4 BDP Co. Division of Carrier ID#5
Public Safetv Coolinq Unit SS 14 Trane TTD724B100BO F33216315
Public Safely Coolinq Unit UP 10 BDP Co. Division of Carrier 585HJ036060 2385C39926
Public Safely Coolina Unit UP 5 BDP Co. Division of Carrier 585JEW0601 OOABE G 4385C81349
Public Safetv Coolinq Unit UP 8 BDP Co. Division of Carrier 585JEVV036060ABAF 3785C32734
Public Safely Coolina Unit UP 6 BDP Co. Division of Carrier 585JEW060100ABEG 3585C 18550
Public SafetY Coolina Unit UP 7 BDP Co. Division of Carrier 585JEVV060100ABEG 3585C18553
Public Works (Fleet Main!) Coolina Unit S8 Goodman CK60-3C 9611029003
Ems Coolina Unit 88 3 Inter-City Products CA3048VHA1 L921132018
Ems Coolinq Unit S8 4 Rheem
Ems Coolina Unit S8 5 Goodman CK60-1C 10425341
Ems Coolina Unit SS 2 Rudd
Ems Coolina Unit 88 1 York H2RC036S06G WOE5228886
Library Coolina Unit S8 4 York H2CA300M6D NAHI\I()11092
Library Coolinq Unit 88 5 York H2CA360M6D NDHI\I()57133
Library Coolina Unit S8 3 York H3CE240M6A NCHI\I()33978
Librarv Coolina Unit 8S York H4CE090M6C NFHI\I()73014
Library Coolina Unit 8S York H4CE090M6C NFHI\I()73009
CLIENT:
Signature:
Printed Name:
Title:
Date:
ti?cfr
Rill Eisen
City Manaqer
Mav 14, 2007
"..
SIEMENS:
Signature:
Printed Name:
Title: rrec,
Date~Ovemance & Comphance
~(~~/o7
~",~:1"~
TITLE: Nee G. Bermudez
Assistant ~ecrelal y
DATE: 6-26 -07
.
Siemens Building Technologies. Inc.
Exhibit C - Performance Assurance
Page 31 of 31
Exhibit eversion 10/01/02
APPROr~ LE{;AL
SEBASTIAN N. DANZI(;ER