2023-03-14-minutes-solid-waste-and-maintenance

Home Browse Search

Section 1.3. Order of Interpretation. In the event of any inconsistencies between the documents that make up the Contract as set out in section 1.2, the documents shall govern in the following order: this document, the Exhibits and Schedules, Appendix A for each phase of work, then Appendix B. SECTION 2. ENERGY USAGE RECORDS AND DATA The Owner has furnished or shall furnish (or cause its energy suppliers to furnish if reasonably possible) to ESCO, upon request, all of its records and complete data concerning energy usage and energy-related maintenance for the premises described in Schedule A (General Description of Project Scope) in addition to Pre -Existing Equipment Inventory, including the following data for the most current twenty-four (24) month period: utility records; building use schedules and occupancy information; descriptions of any changes in the building structure or its heating, cooling, lighting, or other systems or energy requirements; descriptions of all energy consuming or saving equipment used in the Premises; bills and records relating to maintenance of energy-related equipment, and a description of energy management procedures presently utilized. If requested, the Owner shall also provide any prior energy audits of the Premises and shall make current employees who are familiar with such records reasonably available for consultations and discussions with ESCO. By the seventh (7th) working day after receipt, the Owner shall provide ESCO with copies (hard or electronic) of all energy bills for the Premises that it has received for the preceding month. Upon receipt of the required information, ESCO shall calculate the savings in accordance with the agreed-upon calculation formulae in Schedule E (Savings Measurement & Calculation Formulae; Methodology to Adjust Baseline). Should any utility data be available electronically, a copy shall be gathered directly by ESCO and shall not be delivered to ESCO by the Owner. In the event energy bills are unavailable, such unavailable information will cause the projected energy savings set forth in Schedule N (Projected Financial Performance) (the "Projected Energy Savings") to be used in the savings calculation. Prior to using the Projected Energy Savings for use in the savings calculation, ESCO shall notify the Owner in writing, and the Owner shall have thirty (30) days after receipt of such notice to conduct a search and to supply the information requested, should such information become available, in order to avoid ESCO from using their Energy Savings Projections. SECTION 3. COMMENCEMENT DATE AND TERMS; INTERIM PERIOD; NOTICE OF COMMENCEMENT OF ENERGY SAVINGS Section 3.1. Commencement Date. The "Commencement Date" shall be the first day in which all of the following have occurred: (i) all schedules are in final form and accepted by the Owner; (ii) ESCO has delivered a notice to the Owner that it has installed and commenced operating all of the scope of work specified in Schedule A (General Description of Project Scope) (the "Equipment") and in accordance with the provisions of Section 9 (Construction Schedule and Equipment Installation; Approval) and Schedule G (Systems Start -Up and Commissioning); and (iii) the Owner has inspected and accepted said installation and operation as evidenced by a Certificate of Acceptance, in the form as set forth in Exhibit I (Certificate of Acceptance), for all the Equipment. ESCO (McKinstry)/OWNER/PERFORMANCE CONTRACT