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Amendment No. 1 to the Energy Services Agreement with Ameresco, Inc. 9.0w- AMENDMENT NO. 1 TO THE ENERGY SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND AMERESCO, INC. DATED AS OF MAY 25, 2010 Thi Amendment No. 1 to the Energy Services Agreement ("Agreement") made and entered this day of PlQrc4i 2010, by and between the CITY OF MIAMI BEACH, a municipal corporation existing under the laws of the State of Florida ("City"), having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139, and Ameresco, Inc., having its principal offices at 111 Speen Street, Suite 410,•Framingham, Massachusetts 01710 ("Company"). RECITALS WHEREAS, pursuant to City Commission Resolution No. 2010-27397, City and-Company entered into the Agreement for the purpose of providing-energy conservation measures("ECMs") consisting of systems, services and facilities designed to reduce energy consumption and costs in buildings owned and operated by the City; and WHEREAS, pursuant to .ECM 6, the Agreement provided for the Company to install a geothermal system to achieve-energy efficiencies in connection with the chiller plant services Tor the Miami Beach Convention Center and The Fillmore Miami Beach at the Jackie Gleason Theater(the `Geothermal System") (the Geothermal System being a portion of-ECM 6 referred to as-ECM 6a in the Agreement); and WHEREAS, the Company installed the Geothermal System in the locations described in Exhibit "A" attached hereto, pursuant to Florida Department of Environmental Protection ("FOEP") General Permit No. 0128936-038-WFUC ("FDEP General Permit"), a copy of which is attached hereto as Exhibit "B"; and WHEREAS, the City is proceeding with the Miami Beach Convention Center Renovation and Expansion Project-(the "MBCC Renovation Project"), a construction project that includes a complete renovation of the MBCC, expansion of ballroom and auxiliary spaces, parking above portions of the MBCC, exterior landscaping, and creation of a 6.5 acre public park; and • WHEREAS, subject to approval by the voters pursuant to a City-wide referendum, the City may enter into a Development and Ground Lease Agreement with respect to the development of a convention headquarter hotel adjacent to the Miami Beach Convention Center ("Hotel Project"); and WHEREAS, both the MBCC Renovation Project and the Hotel Project improvements will -take place in the vicinity where the Geothermal System is located, and may require the relocation of the Geothermal System; and WHEREAS, as the-City has determined that the costs to relocate the Geothermal System significantly exceed the potential benefits derived therefrom, the Company has agreed, at the City's request, to decommission the Geothermal System in lieu of its relocation. NOW, THEREFORE, the parties -hereto, and in consideration of the mutual promises, covenants, agreements, terms, and conditions herein-contained, and other good and valuable consideration, the respect and adequacy are hereby acknowledged, do agree as follows: 1. ABOVE RECITALS The above recitals are true and correct and are incorporated as a part of this Amendment No. 1. 2. MODIFICATION TO ECM 6 a. Within six (6) months following the execution of this Amendment 1, Company shall decommission the Geothermal System at its sole cost and expense. The decommissioning will, at a minimum, include removal of all heat exchangers, controls, pump and associated electrical. All underground piping between the Miami Beach Convention Center inline pumps and to the "P-Lot" wells (located west of Convention Center Drive) is to be filled with grout and abandoned in place. All piping in chiller room and at loading dock is to be removed. Condenser water pipe where point of connection exists within MBCC chiller room is to be patched. The points where the piping penetrates the building and concrete floor of the chiller room is to be filled in and patched to match surroundings. Geothermal wells are to be filled in and capped as required by any agency having jurisdiction. b. Company shall submit its decommissioning plan for approval by the City's Public Works Department, which approval shall not be unreasonably withheld, conditioned or delayed, and shall be solely responsible for obtaining all permits that may be required, including but not limited to a Plugging and Abandonment Permit in accordance with Specific Condition 7 of the FDEP-General Permit. c. Notwithstanding the decommissioning of the Geothermal System, the total aggregate Annual Energy Cost Savings and/or-Energy Savings -Guarantee, as set forth in the Agreement (including Schedule B thereto), shall remain unchanged and in full force and effect, with no adjustment required therefor. d. The parties acknowledge and agree that the -decommissioning of the Geothermal System will result in a change to Company's maintenance obligations under Schedule G to the Agreement. Accordingly, Schedule G to the Agreement is hereby deleted in its entirety, and the updated Schedule G attached hereto as Exhibit "C" is hereby inserted in its place. e. The parties acknowledge and agree that the changes to Schedule G of the Agreement reflected in the updated Schedule G attached hereto as Exhibit "C" will result in changes to the table entitled "Service and Maintenance Costs" set forth in Schedule C to the Agreement. Accordingly, such table entitled "Service and Maintenance Costs" is hereby deleted in its entirety from Schedule C to the Agreement, and the updated table attached hereto as Exhibit"D" is hereby inserted in its place. 3. OTHER PROVISIONS. All other provisions of the Agreement, as amended, are unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No..1 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: CITY 0 F MIAMI BE a H 3/411 so- VIIIIM.111 0 Rafa: 1 e .-'4M:so ,•a°� E3�°a Jimmy Morale- City Clerk ,IN?:...••""" ••l0••s ity Ma :ger to* INCORP ORATED) * y %,c"... \. , .-'„?..i •(0. ATTEST: ;4ICH-26".�,r COMPANY: ,��%%nu,.� � AMERESCO, INC. 9i W- 4149r- j I gnature Sig re 1 aoktek Wi Pli i-tlif /PM i544 e'el■ft491 Print Name/Title .Io r°'.1)//n4 at C Print Na e/Title APPROVED AS TO FORM&LANGUAGE &FO- EXECUTION 0 ' c---- /- EPA' ' A--.2-3 — iv Cily ► FAQ Dahl 1 Exhibit"A" Location of Geothermal System :� Iti° W" � 4 ° .r^ �r° 3 g i o.1 O a I 3 hi 2 I`09IS° I 1 1 `a a; 1g ; i 11 1 g v R a l'', n III ;' $ 4;e 1 es10 ill 1P PR: 1a e nil l 11 l' X11 hp II . i! a ii � i /6141 1 Si 1 I p i4a % "ilgig�i[G1PO i el§ ON 0 *ggvt .1:1; P gfi 11 i11Lll gi i11 i 1i 11 11 _ gi� gillil t li/2 X1 - .� il 1�g. l - g _ l i 111441fililikIIIIiillidilirli L � � � ■.!y�� 1 � ' � � � � �L apd$ A <dJdJ <a J d !LAM!!! <dJd ! 4iQ p 0q3 < 93 e d _ J e w 4 S � if 1 f IC l 1 COM Rp !!! � 2 04 $e k 11 ig Y ig: 0 A A MEE � 1 r 04 t! € "i Ii s # ;I P a � �a_ R!; dti : . s 41 _ ,„ .i, .6..66 .IibitdJ';i.1 000����1'w w- w A'Or< a w e IF�o :i .1!,p 1 Ili , : ©00 1=�-T T I J ill 11112: ; 1 hi 11 oee � �* �1�; d iir 1 WpIll 1 1;1 I; Ilg 3N 11-f:11 0 ii ii 1 4-11,1.1,jh 1;lc 6 04 g k <� I gi & � -;jam; �e 1 g PE ); = --Ill c i ;P X00 Si , I x1I i 1 r g;i 1 1 II Kl < 1300 i i a I ;ii 1 °. 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TIME iill� H1 iil I;� i� <'� 11 p ISM g w j sh , 4;n aill Ph eibw tIg . ig.. tae 1s§ s i ;al Fig; 0 I ig lily hiP PO i i 11 11 i. ii it i 4 Pi i -%4""811111111111111111111111111 i i— S 5 S. 1 FT] i j l Vra„I 11 !NI 1 w.ra0mn u*,awiNF•q 7.1-P Om..3_^,1-®mr.mv s..x.M,-is bt-I..M..r)0 Exhibit "B" FDEP General Permit ogft11QN Florida Department of Rick Scott p Governor Environmental Protection s, Jennifer Carroll FLOR A Southeast District Office Lt.Governor 400 N.Congress Avenue,Suite 200 West Palm Beach,FL 33401 Herschel T. Vinyard Jr. 561-681-6600 Secretary ELECTRONIC CORRESPONDENCE 7 April 2011 PERMITTEE: WACS I.D. NUMBER: SED13M000 City of Miami Beach County: Miami-Dade Attn.: Mr. Duane Knecht, PE Project:Air Conditioning Return Flow Well Director, Property Management Division Permit Number: 0128936-038-WFUC 1245 Michigan Avenue Date of Issue: 7 April 2011 Miami Beach, FL 33139 Expiration Date: 6 April 2016 duaneknechttc'�i miamibeachfl.gov RE: General Permit Notice-File No.0128936-038-WFUC Miami Beach Convention Center Dear Mr. Knecht: On February 10, 2011 the Department received your plan to use a closed loop air conditioning return flow well system with no provision for additives in accordance with Rule 62-528.705, Florida Administrative Code(F.A.C.). The plan shows the construction and operation of five(5)Class V, Group 1 wells and supplemented by correspondence received 02/08/2011; 03/04/2011; and 03/09/2011 and drawings received on 03/22/2011. FACILITY ADDRESS: 1901 Convention Center Drive, Miami Beach, Florida 33139. GEOGRAPHIC LOCATION OF WELL(S):The geographic locations of the wells are as below: Well Number Latitude/Longitude Well Number Latitude/Longitude D-1 25°47'36.31"N/80°08'09.04"W D-4 25°47'36.55"N/80°08'06.18"W D-2 25°47'36.31"N/80°08'07.64"W D-5 25°47'37.31"N/80°08'06.23"W D-3 25°47'36.36"N/80°08'06.83"W After reviewing the notice, it appears that your project will have a minimal adverse environmental effect and apparently can be constructed and operated pursuant to a general permit as described in Rule 62-528.705, F.A.C. Any activities performed under this General Permit are subject to General Conditions in Rule 62-4.540, F.A.C. (See page 2-3), and Specific Conditions per Rule 62-528.705, F.A.C. (See page 3). This permit will expire five years from the date of issue. If you wish to renew this General Permit, you must notify the Department thirty(30)days before its expiration date. Your construction and operation activity must conform to the description contained in your notice. Any deviation will subject you to enforcement action and possible penalties. Sincerely, Joseph R. May, P.G. Program Manager Underground Injection Control JRM/PSW cc: Cathy McCarty FDEPITLH Gardner Strasser,FDEP/WPB Steve Anderson,SFWMD-sanderso(c sfwmd.gov Bradley G.Waller,President,Hydrologic Associates USA,Inc.-bwallerahaimiami.com Anthony Lubrano,Hard Rock Drilling,Inc.&Hydrologic Associates—anthonvlubrano(d2bellsouth.net Robert J.Behar,PE,R.J.Behar&Company, Inc.-bbehararibehar.com City of Miami Beach County:Miami-Dade Attn.:Mr.Duane Knecht,PE Project:Air Conditioning Return Flow Well Director,Property Management Division Permit Number:0128936-038-WFUC Page 2 of 3 GENERAL CONDITIONS: The following General Conditions are referenced in Rule 62-4.540 of Florida Administrative Code (F.A.C.)for All General Permits: (1) The terms, conditions, requirements, limitations, and restrictions set forth in this Part are"general permit q 9 P conditions"and are binding upon the permittee. The conditions are enforceable under Chapter 403, F.S. (2) The general permit is valid only for the specific activity indicated. Any deviation from the specified activity and the conditions for undertaking that activity shall constitute a violation of the permit. The permittee is placed on notice that violation of the permit may result in suspension or revocation of the permittee's use of the general permit and may cause the Department to begin legal proceedings. (3) The general permit does not convey any vested rights or any exclusive privileges. It does not authorize any injury to public or private property nor any invasion of personal rights. It does not authorize any infringement of federal, state or local laws or regulations. It does not eliminate the necessity for obtaining any other federal, state or local permits that may be required, or allow the permittee to violate any more stringent standards established by federal or local law. (4) The general permit does not relieve the permittee from liability and penalties when the construction or operation of the permitted activity causes harm or injury to human health or welfare; causes harm or injury to animal, plant or aquatic life; or causes harm or injury to property. It does not allow the permittee to cause pollution in contravention of Florida Statutes and Department rules. (5) The general permit conveys no title to land or water, nor does it constitute State recognition or acknowledgment of title. It does not constitute authority for reclamation of submerged lands. Only the Board of Trustees of the Internal Improvement Trust Fund may express State opinion as to title. (6) No general permit shall authorize the use of state owned land without the prior consent of the Board of Trustees of the Internal Improvement Trust Fund pursuant to Section 253.77, F.S. (7) The general permit may be modified, suspended or revoked in accordance with Chapter 120, Florida Statutes, if the Secretary determines that there has been a violation of any of the terms or conditions of the permit, there has been a violation of state water quality standards or state air quality standards, or the permittee has submitted false, incomplete or inaccurate data or information. (8) The general permit shall not be transferred to a third party except pursuant to Fla. Admin. Code Rule 62-4.120. (9) The general permit authorizes construction and where applicable operation of the permitted facility. (10) The permittee agrees in using the general permit to make every reasonable effort to conduct the specific activity or construction authorized by the general permit in a manner that will minimize any adverse effects on adjacent property or on public use of the adjacent property, where applicable, and on the environment, including fish, wildlife, natural resources of the area, water quality or air quality. (11) The permittee agrees in using the general permit to allow a duly authorized representative of the Department access to the permitted facility or activity at reasonable times to inspect and test upon presentation of credentials or other documents as may be required by law to determine compliance with the permit and the Department rules. (12) The permittee agrees to maintain any permitted facility, or activity in good condition and in accordance with the plans submitted to the department under Rule 62-4.530(1). (13) A permittee's use of a general permit is limited to five years. However, the permittee may request continued use of the general permit by notifying the Department pursuant to Rule 62-4.530(1). However, the permittee shall give notice of continued use of a general permit thirty days before it expires. City of Miami Beach County:Miami-Dade Attn.:Mr.Duane Knecht,PE Project:Air Conditioning Return Flow Well Director,Property Management Division Permit Number:0128936-038-WFUC Page 3 of 3 SPECIFIC CONDITIONS: 1. The well(s) shall be constructed by the Florida licensed water well contractor Hard Rock Drilling, Inc.& Hydrologic Associates,Anthony Lubrano, State of Florida License No. 2928. The construction of the return flow well shall be such that its casing is constructed to the same depth as the casing of the supply well thus injecting back into the same permeable zone from which the supply well withdraws water, thereby constituting a closed loop system. The wells are classified under Rule 62-528.300(1)(e)1.a., F.A.C., as Class V, Group 1 wells. 2. The water well contractor shall submit within fifteen (15) days after completion of each well, the following documents to the FDEP, Southeast District, UIC Section, 400 N. Congress Avenue, Suite 200, West Palm Beach, Florida 33401: a) A Certification of Class V Well Construction Completion DEP Form No. 62-528.900(4), F.A.C. for each Return Flow Well. b) A Well Completion Report SFWMD Form No. 0124 or DER Form 17-1.213(2)for each Return Flow Well. c) A copy of the above documents at 2.a, 2.b, 2.c, &2.d above shall also be sent to the Department of Environmental Protection, Underground Injection Control Program, MS 3530, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. 3. If the owner wishes to utilize the services of another water well contractor instead of the contractor Hard Rock Drilling, Inc.& Hydrologic Associates, Anthony Lubrano, State of Florida License No. 2928, the new water well contractor must submit completed application DEP Form 62-528.900(9), F.A.C. The application for change of water well contractor must be submitted to the FDEP in the following cases: (a) Completed DEP Form 62-528.900(9), F.A.C. shall be submitted prior to spudding in cases where spudding has not commenced. (b) In all other cases where spudding had commenced but the owner decides to utilize the services of another water well contractor, the required information (DEP Form 62-528.900(9), F.A.C.) shall be submitted within three (3) business days of the hiring of the subsequent water well contractor. 4. This General Permit is limited to closed loop systems as defined in Rule 62-528.300(1)(e)1.a., F.A.C., with no provision for additives. 5. Rules 62-528.630(3)through (6), F.A.C. shall apply to Class V return flow wells operating under a general permit. 6. A periodic inspection of the system on a regular basis shall be made to determine its condition. The Department must be notified of any repair that requires the replacement or alteration of any part of the closed loop return flow system. 7. In accordance with Rule 62-528.645(1), F.A.C., the owner of the Class V well shall apply for a Plugging and Abandonment Permit, DEP Form 62-528.900(6), when the well is no longer usable for its intended purpose. The application shall include the justification for abandonment and the proposed plugging plan. Exhibit "C" Updated Schedule G—Company Maintenance Responsibilities ECM # 5 HVAC Controls The Contractor shall provide HVAC Controls maintenance services as described below. The Contractor, or its representative, will make site visits as scheduled below. Repair of failed equipment is not included in the Contractor's maintenance responsibilities. The Contractor will provide a quote to repair the failed equipment at the Department's request. All maintenance activities will be scheduled with the Department by the Contractor. There are no emergency service calls included in the scope of work for maintenance activities. Services Contractor will provide: 1. Professional and skilled labor to inspect and service the subject equipment. FACILITY EQUIPMENT QTY HVAC Building at Flamingo Park Johnson Controls Facility Explorer with Niagara Software Framework 1 Dell Server Grade Workstation 1 LCD Monitor 1 UPS 1 City Hall Aluminum Low Leak Damper 36"x 36"w/Elect Actuator 1 CO2 Sensor 0-2000 PPM Accur.+-50 PPM 7 VfD 10 HP w/Control Card and Auto Reset 1 VAV Box Controller Cooling Only w/Room Temp Sensor 30 VAV Box Controller Cooling-Heating w/Room Temp Sensor 55 Duct Static Pressure Sensor 0-3 in Wg 3 JCI Facility Explorer FX-60 Supervisory Controller 1 Bass Museum JCI Facility Explorer FX-60 Supervisory Controller 1 KMD-5210 BacNet Interface 1 Fire Station#1 JCI Facility Explorer FX-60 Supervisory Controller 1 TEC Series Communicating Thermostats 2 Fire Station#2 JCI Facility Explorer FX-60 Supervisory Controller 1 TEC Series Communicating Thermostats 7 Fire Station#3 JCI Facility Explorer FX-60 Supervisory Controller 1 TEC Series Communicating Thermostats 6 Fire Station#4 JCI Facility Explorer FX-60 Supervisory Controller 1 TEC Series Communicating Thermostats 2 North Shore Community-Center JCI Facility Explorer FX-60 Supervisory Controller 1 Aluminum Low Leak Damper 18"x 24"w/Elect Actuator 1 CO2 Sensor 0-2000 PPM Accur.+-50 PPM 2 Old City Hall JCI Facility Explorer FX-60 Supervisory Controller 10 Police Athletic League JCI Facility Explorer FX-60 Supervisory Controller 1 TEC Series Communicating Thermostats 5 Police Station . JCI Facility Explorer FX-60 Supervisory Controller 1 Outside Air Temp Sensor 1 CO2 Sensor 0-2000 PPM Accur.+-50 PPM 8 Aluminum Low Leak Damper 10"x 10"w/Elect Actuator 1 Aluminum Low Leak Damper 20"x 20"w/Elect Actuator 1 Aluminum Low Leak Damper 12"x 12"w/Elect Actuator j 1 Aluminum Low Leak Damper 18"x 18"w/Elect Actuator 1 Aluminum Low Leak Damper 40"x 20"w/Elect Actuator 1 Aluminum Low Leak Damper 42"x 22"w/Elect Actuator 1 Aluminum Low Leak Damper 40"x 40"w/Elect Actuator 2 Aluminum Low Leak Damper 48"x 18"w/Elect Actuator 2 Aluminum Manual Damper 10"x 10" 1 Aluminum Manual Damper 12"x 12" _ 1 Aluminum Manual Damper 20"x 20" 1 Scott Rakow Youth Center Aluminum Low Leak Damper 34"x 40"w/Elect Actuator 1 Galvanized Access Panel 10"x 14"for AHU-2 1 CO2 Sensor 0-2000 PPM Accur.+-50 PPM 3 Gym's AHU-2 15 HP VFD w/Control Card and Auto Reset 1 JCI Facility Explorer FX-60 Supervisory Controller 1 South Shore Community Center JCI Facility Explorer FX-60 Supervisory Controller 1 Aluminum Low Leak Damper 18"x 24"w/Elect Actuator 1 CO2 Sensor 0-2000 PPM Accur.+-50 PPM 2 555 Office Building JCI Facility Explorer FX-60 Supervisory Controller _ 1 TEC Series Communicating Thermostats 2 777 Office Building JCI Facility Explorer FX-60 Supervisory Controller 1 2. Inspection of the control equipment (4) four times a year or once a quarter during our normal working hours of Monday through Friday 8:00 am to 4:30 pm. Inspections are available after normal working hours, weekends, or holidays at an additional cost to be determined at the time of the request. 3. Emergency services as needed for repairs between -regular inspections 24 hours a day 7 days a week including holidays. Ameresco will provide a four (4) hours response time. Service will be charged at a rate of$92.40 per hour per technician Monday through Friday 8:00 A.M. to 4:30 P.M., not including holidays. Emergency services provided from 4:30 P.M. Friday through 8:00 A.M. Mondays, or anytime on a holiday, it will be charged at a rate of$138.60 per hour per technician. Annual escalation rate for services will be 4%. 4. Instruct the Customer in the operation of the equipment to provide for best efficiency and lowest operating costs. 5. Furnish Customer with a completed copy of the Technician's Report indicating what repairs, if any are necessary resulting from each inspection. The following work will be performed during each inspection: CHILLER PLANT CONTROL WORKING FUNCTION(AS APPLICABLE) • Verify communications from the supervisory controller to the field controller • Verification of pump start-stop control and pump status reporting • Verification of cooling tower fan start-stop control and cooling tower fan status reporting • Verification of chiller start-stop control and chiller status reporting • Verification of rotation sequence for the chillers,pumps, and cooling towers as dictated by the rotation schedules • Performance verification of the control algorithms as applicable i.e. chilled water pressure, condenser water temperature • Verification and calibration of temperature and pressure sensors as applicable • Inspect and clean enclosure Services described below to the air conditioning delivering equipment for the systems in the following table: FACILITY EQUIPMENT QTY City Hall Chilled Water Constant Volume AHU's 1,2,3,7,8,10 and 12 7 Chilled Water Variable Volume AHU's 5,9 and 11 3 Second Floor VAV Boxes 2-1 to 2-15 15 Bass Museum Carrier Digital Control System Software Not Connected to EMS Water Cooled Heat Pumps 1 through 10 10 DX Rooftop Units 1 through 3 3 Fire Station#1 , DX Units 1 and 2 with Local Thermostats .2 Fire Station#2 DX Units 1 through 7 with Local Thermostats 7 Fire Station#3 DX Units 1 through 6 with Local Thermostats 6 Fire Station#4 DX Units 1 and 2 with Local Thermostats 2 North Shore Community Center . Rooftop DX Units 1 and 2 2 DX Air Cooled AHU's 1 and 2 2 Chilled Water Air Handling Units 1 through 10 with Pneumatic Old City Hall Controls 10 Police Athletic League DX Units 1 through 5 with Local Thermostats 5 Police Station Chilled Water Variable Volume AHU's 1,3,4,5,6,7 and 10 7 Chilled Water Constant Volume AHU's 2, 12, 13, 13A and 15 5 Scott Rakow Youth Center Chilled Water Constant Volume AHU's 1,2 and 3 3 DX Water Cooled AHU-4 1 South Shore Community Center Chilled Water Constant Volume AHU's 1 through 10 10 Chilled Water Constant Volume Fan Coil Units 1 through 4 4 Split Air Cooled Chiller CH-1 1 • 555 Office Building DX Units 1 and 2 with Local Thermostats 2 Chilled Water Variable Volume AHU3-1 Trane Tracer Controls 777 Office Building System 1 AIR HANDLING UNIT CONTROL WORKING FUNCTION(AS APPLICABLE) • • Verify communications from the supervisory controller to the field controller • Verification of fan start-stop control and fan status reporting • Performance verification of the control algorithms as applicable i.e. cooling, heating, static pressure • Verification and calibration of temperature and pressure sensors • Inspect and clean enclosure FAN COIL UNIT CONTROL WORKING FUNCTION(AS APPLICABLE) • Verify communications from the supervisory controller to the field controller • Verification of fan start-stop control and fan status reporting • Performance verification of the control algorithms as applicable i.e. cooling, heating • Verification and calibration of temperature sensors • Inspect and clean enclosure VARIABLE FREQUENCY DRIVE WORKING FUNCTION(AS APPLICABLE) • Verify communications from the supervisory controller to the variable frequency drive as applicable • Verify the variable frequency drive programmed settings per manufacturer specifications • Inspect and clean variable frequency drive cabinet ELECTRONIC VAV CONTROL WORKING FUNCTION(AS APPLICABLE) • Verify communications from the supervisory controller to the field controller • Performance verification of the control algorithms as applicable i.e. cooling, heating, air flow • Verification and calibration of temperature and pressure sensors as applicable • Verification of zone thermostat communication bus as applicable EXHAUST FAN CONTROL WORKING FUNCTION(AS APPLICABLE) • Verify communications from the supervisory controller to the field controller • Verification of fan start-stop control and fan status reporting LIGHTING CONTROL WORKING FUNCTION(AS APPLICABLE) • Verify communications from the supervisory controller to the field controller • Verification of lighting schedule as required by the owner • Verification of lighting relay operations • Inspect and clean enclosure SUPERVISORY CONTROLLER WORKING FUNCTION(AS APPLICABLE) • Verify communications from the supervisory controller to the field controllers • Test battery backup for the N30 Supervisory Controller • Inspect and clean enclosure OPERATOR WORKSTATION WORKING FUNCTION • Verify communications from the supervisory controller to the workstation • Upload database to the archive workstation from the supervisory controllers and perform a database back-up of the building management system • Test remote dialup if applicable • Test auto-paging on an alarm if applicable • Perform file housekeeping on the workstation hard drive • Review workstation building management graphical displays • Review the building management database • Inspect and clean the interior components of the workstation, clean the workstation fan, keyboard, and printer once during the quarterly inspection period THIS AGREEMENT DOES NOT INCLUDE: Services not listed above, valves, dampers, fan motors, variable frequency drives, upgrades of hardware devices, upgrades of software, pre-existing control problems or any pre-existing design problems, and Life Safety control equipment, sequence of operations programming changes, and any work that is completed by any contracting companies other than Contractor that is covered by warranty by that contractor. If services are required, billing will be done at the agreed contracted price as listed for services not covered. All other services not covered or listed above will be performed at the following rates: LABOR: Normal working hours (8:00 am to 4:30 pm) Monday thru Friday .... $ 92.00 per technician hour After hours, weekends, and holidays .$ 138.00 per technician hour All rates will be subject to annual escalation of 4%. MATERIAL: All materials not listed in this service agreement will be billed at standard industry rates. R REPAIR MATERIAL CONTRACTOR WILL NOT PROVIDE: • Field Controllers — All Johnson Controls electronic direct digital control devices to include all UNT, VAV, VMA, AHU, TEC 1100 or equivalent, TC-9102, DX-9100 and expansion modules. • Supervisory Controllers—Johnson Controls FX-40 Supervisory Controller. • Sensors — All resistive temperature sensors, i.e. zone, duct, pipe, and loose mounted, any current, or voltage source field devices, i.e. air flow monitoring stations, liquid flow meters,power consumption monitoring devices associated with the BMS control system. • Actuators — All electronic and neumatic actuators whether for valve applications or p pp damper applications. • Variable Frequency Drives—Any replacement, repair, or upgrade. • Pneumatic Controllers — Any pneumatic control device, receiver, compressor(s), or any device associated with a pneumatic control system including pneumatic VAV control devices. • Lighting Controllers—Any lighting relay or circuit beyond the BMS control interface relay. • Network Devices — All campus wide communication networking devices, i.e. Mod Hubs, Mod Hub Expansion cards, Ethernet interfaces, Ethernet Hubs, Ethernet Servers, Fiber Optic interfaces, Fiber Optic Hubs or any associated device required for an integrated communication network. • Operator Workstation - Replacement, repair, or upgrade of the workstation and any device associated with the portable or sedentary operator workstation. • Software-Upgrades and any additional software if required • Integrators-Johnson Controls Integrator devices ECM# 6 Geothermal District Cooling Plant and Plant Optimization The Contractor shall provide service for the TekWorx Chiller Plant Optimization system.-ate mechanical maintenance services as described below. The Contractor, or its representative, will make site visits as scheduled below. Repair of failed equipment is not included in the Contractor's maintenance responsibilities. The Contractor will provide a quote to repair the failed equipment at the Department's request. All maintenance activities will be scheduled with the Department by the Contractor. There are no emergency service calls included in the scope of work for maintenance activities. Services Contractor will provide: 1. Professional and skilled labor to inspect and service the subject equipment. I FACILITY EQUIPMENT QTY Convention Center TekWorx Chiller Plant Optimization Panel and Software 1 2 2 Line Filter 30"dia.pipe 2 4 Chilled Water Line Isolation Butterfly Valve 8"City Hall 1 Chilled Water Line Isolation Butterfly Valve 6"Mun.Parking Garage 1•- --'••_ --- - - --. _ . !! !-- - - - -• 8 2 2. Inspection of the control equipment once a year during our normal working hours of Monday through Friday 8:00 am to 4:30 pm. Inspections are available after normal working hours, weekends, or holidays at an additional cost to be determined at the time of the request. 3. Emergency services as needed for repairs between regular inspections 24 hours a day 7 days a week including holidays. Ameresco will provide a four (4) hours response time. Service will be charged at a rate of$92.00 per hour per technician Monday through Friday 8:00 A.M. to 4:30 P.M., not including holidays. Emergency services provided from 4:30 P.M. Friday through 8:00 A.M. Mondays, or anytime on a holiday, it will be charged at a rate of$138:00 per hour per technician. Rates will be subject to annual escalation of 4%. 4. Instruct the Customer in the operation of the equipment to provide for best efficiency and lowest operating costs. 5. Furnish Customer with a completed copy of the Technician's Report indicating what repairs, if any are necessary resulting from each inspection. The following work will be performed during each inspection: • Remotely access the TekWorx Chiller Plant Optimization Panel • Review lead-lag sequencing algorithm of chillers, pumps, and cooling towers • Review Operating Modes o Cool Day Operation o Warm Day Operation • Review chilled water pump speeds and building differential pressure set-points • Review cooling tower fan start-stop control and cooling tower fan status reporting • Review alarms, audit log and system trends • Inspect electrical components • Condensate drains cleaned • Oil or grease all necessary components • Check amperage drawn on all electrical motors and compressors. Check voltages • Inspect all pulleys and belts THIS AGREEMENT DOES NOT INCLUDE: Services not listed above, valves, dampers, fan motors, variable frequency drives, upgrades of hardware devices, upgrades of software, pre-existing control problems or any pre-existing design problems, and Life Safety control equipment, sequence of operations programming changes, any work that is completed by any contracting companies other than Contractor that is covered by warranty by that contractor. If services are required, billing will be done at the agreed contracted price as listed for services not covered. All other services not covered or listed above will be performed at the following rates: L ABOR: Normal working hours (8:00 am to 4:30 pm) Monday thru Friday .... $ 92.00 per technician hour After hours, weekends, and holidays $ 138.00 per technician hour All rates will be subject to annual escalation of 4%. M A TERIAL: This contract only includes labor, not material. Any material required will be quoted and approved by an approved customer representative prior to installation. - ' - m _ - - _ _ - e _ • _ - - ' - _ _ • Open isolation valves and bleed all air from heat exchanger. ECM# 7 Geothermal Police Station The Contractor shall provide HVAC Controls maintenance services as described below. The Contractor, or its representative, will make site visits as scheduled below. Repair of failed equipment is not included in the Contractor's maintenance responsibilities. The Contractor will provide a quote to repair the failed equipment at the Department's request. All maintenance activities will be scheduled with the Department by the Contractor. There are no emergency service calls included in the scope of work for maintenance activities. Services Contractor will provide: 1. Professional and skilled labor to inspect and service the subject equipment. FACILITY EQUIPMENT QTY Police Station Centrifugal 360 GPM Well Water Pump(Pending Final Design) 2 Titanium Plate Heat Exchanger 360 GPM @ 2 Deg F Delta Temp 2 Geothermal Loop 25 HP VFD w/Auto Reset(Pending Final Design) 2 Line Filter 8"dia.pipe 2 Geothermal Loop HX Temp Sensor 0-100 Deg F(Pending Final Design) 8 Geothermal Loop HXDiff.Pressure Transmitter(Pending Final Design) 2 220 Tons Centrifugal Water Cooled Chillers 2 Chilled Water Air Handling Units 18 Water pumps 9 Air Cooled Chiller Approx. 125 Tons 1 2. Inspection of the control equipment (4) four times a year or once a quarter during our normal working hours of Monday through Friday 8:00 am to 4:30 pm. Inspections are available after normal working hours, weekends, or holidays at an additional cost to be determined at the time of the request.. 3. Emergency services as needed for repairs between regular inspections 24 hours a day 7 days a week including holidays. Response time of 4 hours, after approval of customer's authorized representative. '4. Instruct the Customer in the operation of the equipment to provide for best efficiency and lowest operating costs. 5. Furnish Customer with a completed copy of the Technician's Report indicating what repairs, if any are necessary resulting from each inspection. The following work will be performed during each annual inspection: • Filters Changed (filters not included) • Inspect electrical components • Condensate drains cleaned • Oil or grease all necessary components • Check condenser and evaporator pressures and temperatures • Check-condition of condenser and evaporator coils • Check amperage drawn on all electrical motors and compressors. Check voltages • Inspect all pulleys and belts • Check thermostat control sequences • Check flows and all delta T's. • Clean up work area. • Check any other items not -listed above that could cause damage to equipment or cause inefficient operation • The following work will be performed as needed, based on the approach temperatures: Close all heat exchanger isolation valves. • Drain water from both sides of the heat exchanger. • Open heat exchanger to expose all plates, • Apply cleaning chemicals and brush clean all surfaces. • Close up heat exchanger to proper torques and measurements. • Open isolation valves and bleed all air from heat exchanger. • Check flows and all delta T's. • Clean up work area. • Check any other items not listed above that could cause damage to equipment or cause inefficient operation THIS AGREEMENT DOES NOT INCLUDE: Services not listed above, valves, dampers, fan motors, variable frequency drives, upgrades of hardware devices, upgrades of software, pre-existing control problems or any pre-existing design problems, and Life Safety control equipment, sequence of operations programming changes, any work that is completed by any contracting companies other than Contractor that is covered by warranty by that contractor. If services are required, billing will be done at the agreed contracted price as listed for services not covered. All other services not covered or listed above will be performed at the following rates: LABOR: Normal working hours (8:00 am to 4:30 pm) Monday thru Friday .... $ 92.00 per technician hour After hours, weekends, and holidays ..$ 138.00 per technician hour All rates will be subject to annual escalation of 4%. MATERIAL: This contract only includes labor, not material. Any material required will be quoted and approved by an approved customer representative prior to installation. Exhibit "D" Updated Service and Maintenance Costs Service and Maintenance Costs: Measurement&Verification Maintenance Year Total 3%Escalation 3%Escalation 1 $41,514 $40,257 $81,770 2 $42,759 $41,464 $84,223 3 $44,042 $40,741 $84,783 4 $45,363 $41,963 $87,327 5 $46,724 $43,222 $89,947 6 $48,126 $44,519 $92,645 7 $49,570 $45,854 $95,424 8 $51,057 $47,230 $98,287 9 $52,589 $48,647 $101,236 10 $54,166 $50,106 $104,273 11 $55,791 $51,609 $107,401 12 $57,465 $53,158 $110,623