ENERGY PLUS+ Energy Savings and Mechanical Planned Maintenance Agreement

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1 ENERGY PLUS+ Energy Savings and Mechanical Planned Maintenance Agreement Prepared for: A-1 Property Management 1234 Main Street Portland, OR Attn: Jane Doe Prepared by: John Smith October 19, 2009 Ace Mechanical Services, Inc Main Street Portland, OR Phone: (866) Fax: (503) Page 1 of 18

2 1. EXECUTIVE SUMMARY Ace Mechanical would like to thank A-1 Property Management for this opportunity to propose the following custom tailored energy savings and mechanical planned maintenance solution for your building. We are excited by your interest in Ace Mechanical becoming your Service Provider of choice for this property. In today s economy, facilities like A-1 Property Management are charged with finding ways to continually improve upon quality service while containing or reducing costs. During this time, effective strategic decision-making is crucial to meeting these higher standards. Ace Mechanical is a resource that offers a unique set of turnkey energy analysis services and mechanical maintenance solutions designed to help meet these goals. Ace Mechanical is dedicated to identifying, developing and implementing strategies that will reduce your cost structure through the implementation of optimally designed energy diagnostic solutions and mechanical maintenance programs and innovative procurement strategies. Ace Mechanical is not only the best, but also one of the largest service organizations in the Portland area with the most sophisticated computerized dispatch and maintenance management system available. We have, for more than 32 years been able to provide our customers with the best value for their investment dollar. Ace Mechanical also has been successful in identifying significant operating cost reductions through the application of our energy services program at other facilities similar to A-1 Property Management, including: Plaza Tower World International Investors Park And many more. Additional information on the above clients can be furnished upon request. Page 2 of 18

3 2. BENEFITS OF OUR ENERGY PLUS PROGRAM The EnergyPlus Platinum Agreement you are about to review is, based on our discussions to date, the optimum choice for A-1 Property Management to minimize operating cost and maximize your financial return. This program is customized to meet all of the unique requirements of your operating budget, your capital expenditure plan, and your investment horizon. A-1 Property Management will derive many benefits from the well-designed and implemented program such as the one we are offering here. Ace Mechanical s EnergyPlus program is designed to help you reduce the cost of operating and maintaining your building. Our customers have reported that our programs have helped them: Reduce utility costs by up to 30% Reduce tenant turnover Avoid expensive downtime Extend the useful life of your equipment by 20% or more Reduce administrative costs associated with managing HVAC services Our goal is to help you improve the financial performance of your business through an optimum blend of energy diagnostic services, low and no cost system improvements, predictive and planned maintenance services, and capital expenditure planning. With this EnergyPlus Agreement you will receive the following benefits: 2.1. Energy Cost Savings We are focused on delivering a range of services that are designed to save you money. Using the latest technologies available we can assess the energy performance of your building and identify specific measures that can be taken to reduce energy consumption, all within the bounds of your return on investment criteria. In addition, our programmed maintenance keeps your equipment in peak operating condition, thereby reducing energy consumption. Our program will provide the proper maintenance tasking procedures that will include cleaning all heat transfer surfaces and calibrating your equipment to operate at peak performance. Page 3 of 18

4 2.2. Operating Cost Saving Our program will save you money in two ways. 1. Our strict adherence to manufacturers recommendated maintenance procedures means fewer breakdowns and lower repair costs. 2. Ace Mechanical is part of a national HVAC materials and parts procurement network. This means you benefit from our ever-growing economies of scale, which attracts huge purchasing discounts from major equipment manufacturers and support material vendors. This aggregated buying power allows us to give you the lowest possible price while still providing the highest quality and most efficient services and support systems available Elimination of Expensive Down Time Properly maintained equipment suffers far fewer breakdowns breakdowns that typically occur on the hottest and coldest days of the year. This EnergyPlus program reduces equipment failures, and costly equipment downtime while increasing employee productivity Extending Equipment Life Ace Mechanical s EnergyPlus program will increase the life expectancy of your equipment over that of improperly maintained equipment. This results in the deferral of costly replacement expenditures. We will work with you to develop a customized equipment replacement schedule that takes into account the energy efficiency improvement potential as well as your specific budget and investment horizon criteria to optimize the use of your capital expenditure funds Reduced Occupant Comfort Complaints Our Energy Savings Assessments provide independent monitoring of the occupant spaces to ensure consistent comfort control. This keeps your tenants happy, which studies have shown increases productivity levels to peak performance. Page 4 of 18

5 2.6. Programmed Maintenance Performed Around Your Schedule We have incorporated your business and technical requirements into this maintenance program. Our call center automatically dispatches the manufacturers recommended maintenance tasking procedures for your equipment on a predetermined schedule that best meets both your business and your equipment requirements. Page 5 of 18

6 3. PROGRAM IMPLEMENTATION TEAM Ace Mechanical has assembled a specialized service team dedicated to insure a smooth integration of this energy services and mechanical planned maintenance program with your normal business activities. This team will ensure consistency in the delivery of our services, provide for effective lines of communication, and avoid escorting unfamiliar people throughout your facility. Your Program Implementation Team will be made up of the following professionals: As your Account Manager, Joe will continue to work closely with you along with the rest of the team to ensure that your building delivers optimum energy efficiency and tenant comfort, maximizing your return on the dollars you invest with us. Joe Johnson Account Manager As your Service Coordinator, John is responsible for scheduling all maintenance program services. John and the call center team can be reached at (866) , extension 247 for any emergency service or normal service requests. John Smith Service Coordinator Page 6 of 18

7 As your Billing Coordinator, Brenda is responsible for handling all invoicing per the terms and conditions of this agreement. You can reach Brenda at (866) , extension 212. Brenda Wilson Billing Coordinator 4. SCOPE OF SERVICE This EnergyPlus Energy Savings and Planned Maintenance Agreement include the following scope of service to be provided for your building and on the equipment described in the List of Maintained Equipment located in the Appendix A section of this agreement. 4.1 Energy Services Ace Mechanical will provide the following energy-related services: Energy Benchmarking An Energy Benchmarking Report will be provided on a quarterly basis which will detail the current key energy performance metrics including ENERGY STAR Energy Performance Rating, cost per square foot, energy usage index, and carbon footprint. In future reports historical trends of energy performance will be provided in comparison to the current performance. Energy Savings Assessment An Energy Savings Assessment Report will be provided every nine months. The benefit of the nine month frequency is that each assessment will occur during a different season and over the course of time we will gain insights into improving all aspects of the heating and cooling systems. This report will provide recommendations for changes to operations and maintenance procedures that will result in reduced operational costs through energy savings. The focus of these recommendations will be on low and no cost-to-implement Page 7 of 18

8 changes. Where appropriate, we will provide recommendations for more capital-intensive items, supported by specific savings and return on investment estimates and will work with you to plan your capital expenditure budgets to implement those recommendations in a way that meet your return on investment criteria, your available budget, and your investment horizon. Continuous Energy Monitoring Prior to the implementation of any recommended energy conservation measures we will install a Continuous Energy Monitoring system that will establish an energy use baseline for your building, quantify savings that result from implemented energy conservation measures, and provide ongoing assurance of optimum energy efficiency through automated analysis of real-time, whole-building energy consumption data. In conjunction with the Energy Benchmarking reports, we will provide, on a quarterly basis, a report that summarizes the cost savings that can be attributed to the energy conservation measures implemented. In addition, we will monitor energy use on a daily basis and dispatch a service technician as necessary to investigate any abnormal increases in energy use that are detected. 4.2 Scheduled Inspections Ace Mechanical will provide two Annual and two Operational inspections per year in accordance per the Equipment Tasking Procedures located in Appendix B section of this agreement. The maintenance tasking procedures, which our technicians precisely follow, are determined by the manufacturer s recommendations, equipment application and our extensive experience. 4.3 Planned Maintenance Air Filter Maintenance Included in your program are four air filter changes per year. Ace Mechanical will provide for all labor and materials associated with the installation of new and the removal and disposal of the used filters. Filters used will be 2-inch Farr 30/30 or equivalent. Corrective Maintenance During the course of executing the maintenance tasking procedures, our technicians are trained to identify impending problems and repair them before they cause unplanned downtime. While service and inspection agreement does not include the cost of any needed repairs, any repairs that are deemed necessary will not be completed without first presenting you with a written cost proposal and receiving a signed agreement to begin the work. Page 8 of 18

9 Condenser Coil Maintenance This proposal includes a one time condenser coil cleaning. In the future, the condition of the condenser coil will be checked on an annual basis and cleaning, if deemed necessary, will provided for an additional charge after first presenting you with a written cost proposal and receiving a signed agreement to begin the work. 4.4 Emergency and Trouble Call Coverage Even with the comprehensive care provided in this program, occasional failures can occur. Under this agreement, we will provide emergency response between scheduled visits, Monday through Sunday, including Holidays, 24 hours per day to minimize downtime. Even during peak heating or cooling periods, we will be on-site within 4 hours from receipt of your request. The cost of emergency visits and subsequent repairs deemed necessary is not included in this Agreement. 4.5 Engineering Support This EnergyPlus program includes all engineering support services to necessary to evaluate current energy performance, recommend measures that can reduce energy consumption, solve comfort complaints within your facility including modifications to improve control or add or educe air conditioning, heating, or ventilation capacity in your facility, and identify indoor air quality problems. As with this and any of our programs, we provide written performance guarantees with all of our engineered solutions. 4.6 Additional Program Elements Refrigerant Containment Service We will leak test and report needed repairs on any equipment found low of refrigerant. We will use recovery, recycling and reclamation of your refrigerant as appropriate to minimize costs of replacement refrigerant. Such work will be done per all federal, state and local regulatory guidelines. Service Documentation We will document all scheduled and unscheduled service work showing the time, date, name of service technician, and equipment identification and brief description of work. This documentation will be made available upon request. Performance Assurance Program We will meet with you annually or more frequently upon request to evaluate and make modifications, if necessary, to this Energy Savings and Mechanical Page 9 of 18

10 Planned Maintenance program to assure that it continue to meet both your business and technical requirements. Page 10 of 18

11 5. YOUR PROGRAM INVESTMENT The EnergyPlus Energy Savings and Mechanical Planned Maintenance described herein will be for a term of one (1) year beginning with the signature date of this contract. At the end of the original term of this agreement, the program will automatically renew from year to year. Either party may terminate this agreement with written notice forty-five(45) days before the anniversary date of the agreement. Your annual investment in this program is: We will invoice on a quarterly basis.....$ 2, Total yearly investment will be..$ 11, Page 11 of 18

12 Terms and Conditions 1.) A-1 Property Management shall permit Ace Mechanical free and timely access to areas and equipment, and allow Ace Mechanical to start and stop the equipment necessary to perform required services. All planned work under this Agreement will be performed during Ace Mechanical s normal working hours. 2.) Ace Mechanical warrants that the workmanship hereunder shall be free from defects for three hundred and sixty five (365) days from date of installation. If, after the first year warranty expires, any replacement part or item of equipment proves defective, Ace Mechanical will extend to A-1 Property Management the benefits of any warranty Ace Mechanical received from the manufacturer. Removal and reinstallation of any equipment or material repaired or replaced under a manufacturer s warranty will be at A-1 Property Management s expense and at the rates then in effect. 3.) A-1 Property Management will promptly pay invoices within ten (10) days of receipt. Should a payment become thirty (30) days or more delinquent, Ace Mechanical may stop all work under this Agreement without notice and/or cancel this Agreement, and the entire Agreement amount shall become due and payable immediately upon demand. 4.) A-1 Property Management shall be responsible for all taxes applicable to the services and/or materials hereunder. 5.) Any alteration to, or deviation from, this Agreement involving extra work, cost of material or labor will become an extra charge (fixed-price amount to be negotiated or on a time-and-material basis at Ace Mechanical s rates then in effect) over the sum stated in this Agreement. 6.) In the event Ace Mechanical must commence legal action in order to recover any amount payable under this Agreements, A-1 Property Management shall pay Ace Mechanical all court costs and attorney s fees incurred by Ace Mechanical. 7.) Any legal action against Ace Mechanical relating to this Agreement, or the breach thereof, shall be commenced within one (1) year from the date of the work. 8.) Ace Mechanical shall not be liable for any delay, loss, damage or detention caused by unavailability of machinery, equipment or materials, delay of carriers, strikes, including those by Ace Mechanical employees, lockouts, civil or military authority, priority regulations, insurrection or riot, action of the elements, forces of nature, or by any cause beyond its control. Page 12 of 18

13 9.) To the fullest extent permitted by law, A-1 Property Management shall indemnify and hold harmless Ace Mechanical, its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorneys fees, arising out of or resulting from the performance of work hereunder, provided that such claim damage, loss or expense caused in whole or in part by any active or passive act or omission of A-1 Property Management, anyone directly or indirectly employed by A-1 Property Management, or anyone for whose acts A-1 Property Management may be liable, regardless of whether it is caused in part by the negligence of Ace Mechanical. 10.) A-1 Property Management shall make available to Ace Mechanical personnel all pertinent Material Safety Data Sheets (MSDS) pursuant to OSHA s Hazard Communication Standard Regulations. 11.) Ace Mechanical s obligation under this proposal and any subsequent contract does not include the identification, abatement or removal of asbestos or any other toxic or hazardous substances, hazardous wastes or hazardous materials. In the event such substances, wastes or materials are encountered, Ace Mechanical s sole obligation will be to notify the Owner of their existence. Ace Mechanical shall have the right thereafter to suspend its work until such substances; wastes or materials and the resultant hazards are removed. The time for completion of the work shall be extended to the extent caused by the suspension and the contract price equitably adjusted. 12.) Ace Mechanical s design is based on published ASHRAE or applicable local code ventilation regulations and does not purport to address health effects attributed to smoking. 13.) UNDER NO CIRCUMSTANCES, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY OR OTHERWISE, WILL ACE MECHANICAL SERVICES BE RESPONSIBLE FOR LOSS OF USE, LOSS OF PROFIT, INCREASED OPERATING OR MAINTENANCE EXPENSES, CLAIMS OF A-1 Property Management TENANTS OR CLIENTS, OR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES. Page 13 of 18

14 Payment terms will be thirty (30) days after Ace Mechanical s date of invoice. Ace Mechanical reserves the right to discontinue its service anytime payments have not been made as agreed. Failure to make payments when due or impairment of customer's credit shall relieve Ace Mechanical of any and all obligations pertaining to work or performance of work. We would appreciate your signature in the space provided below as your acceptance of this Agreement. PROPOSAL OFFERED BY: Representative Date This proposal is valid until November 19, CUSTOMER ACCEPTANCE ACCEPTED BY: TITLE: DATE: P.O. #: MEMBER ACE MECHANICAL ACCEPTANCE ACCEPTED BY: TITLE: DATE: Page 14 of 18

15 APPENDIX A LIST OF MAINAINED EQUIPMENT The following HVAC equipment was identified during our survey and will be covered as a part of this Agreement. The covered equipment is located at: 1234 Main Street Portland, OR LIST OF MAINTAINED EQUIPMENT Quantity Equipment Description Make Model # Size Location 1 Rooftop Unit Engineered Air FWB354/DJE60MO 1 Third Floor Unit Lennox 1 First Floor Unit Lennox 1 Rooftop Unit GE Gas / Electric (not used) 5 Ton 1 Rooftop Unit GE Gas / Electric (not used) 7.5 Ton 1 Condensing Unit Lennox HS Ton 1 Rooftop Unit Lennox GCS Ton 1 Rooftop Unit Carrier 48DJE005 4 Ton 1 Condensing Unit Lennox HS178134G 7.5 Ton 1 Split System Lennox HS Ton Page 15 of 18

16 APPENDIX B EQUIPMENT TASKING PROCEDURES Packaged Rooftop Unit Annual Maintenance Inspection 1. Check power supply operation 2. Check volts / amps of compressors 3. Check volts / amps of condenser fan motor, where applicable 4. Check starters and contact surfaces 5. Check operating temperature 6. Check refrigerant charge 7. Check moisture indicators 8. Check sight glasses 9. Check oil level 10. Check oil contamination 11. Check all belts, where applicable 12. Check all safely controls 13. Check superheat and adjust as needed 14. Check hot gas by-pass controls 15. Check head pressure controls 16. Check unloader operation, where applicable 17. Check all operating controls 18. Check and tighten all electrical connections 19. Lube motors / bearings, where applicable 20. Check condenser coil 21. Check water-cooled condenser, where applicable 22. Check water-regulating valve, where applicable 23. Check compressor efficiency 24. Check cap tubes / piping for chafing 25. Check crankcase heaters 26. Visual check for oil / refrigerant leaks 27. Check fan wheels 28. Check fan scrolls 29. Check fan sheave wear 30. Check fan sheave alignment 31. Check fan-bearing alignment 32. Check fan-bearing supports 33. Check motor supports 34. Check motor hold down bolts 35. Check damper operations 36. Check damper linkages 37. Check damper motor operation 38. Check condensate pans 39. Check condensate pumps, where applicable 40. Check air filters 41. Check outside air intakes Page 16 of 18

17 42. Check expansion valve bulb clamp 43. Check unusual noises / vibrations 44. Check cabinetry / hardware conditions 45. Check structural integrity of unit 46. Check pilot assembly 47. Check ignition system for proper operation 48. Inspect burner assembly 49. Visually inspect heat exchanger (Fall Only) If unit is suspected of having defective heat exchanger and can only be confirmed by removing the top, you will be quoted separately 50. Check combustion fan 51. Inspect flue, draft diverter and clean air screen (Spring only) 52. All pertinent maintenance complete Packaged Rooftop Unit Operational Maintenance Inspection 1. Check power supply operation 2. Check volts / amps of compressors 3. Check volts / amps of condenser fan motor where applicable 4. Check starters and contact surfaces 5. Check operating temperatures 6. Check moisture indicators 7. Check sight glasses 8. Check oil level 9. Check all belts where applicable 10. Check all safety controls 11. Check all operating controls 12. Check and tighten all electrical connections 13. Lube motors / bearings, where applicable 14. Check condenser coil where applicable 15. Check cap tubes / piping for chafing 16. Visual check for oil / refrigerant leaks 17. Check fan wheels 18. Check fan scrolls 19. Check fan sheave wear 20. Check fan sheave alignment 21. Check fan-bearing alignment 22. Check damper operation 23. Check damper linkages 24. Check condensate pans 25. Check condensate pumps, where applicable 26. Check air filters 27. Check expansion valve bulb clamp 28. Check unusual noises / vibrations 29. Check cabinetry / hardware conditions 30. Check structural integrity of unit 31. Check pilot assembly 32. Check ignition system for proper operation Page 17 of 18

18 33. Inspect burner assembly 34. Check combustion fan 35. Inspect flue, draft diverter and air screen Split System Unit Annual Maintenance Inspection 1. Check volts / amps of compressors 2. Check volts / amps of condenser fan motor where applicable 3. Check starters and contact surfaces 4. Check operating temperatures 5. Check moisture indicators 6. Check sight glasses 7. Check all belts where applicable 8. Check and tighten all electrical connections 9. Lube motors / bearings where applicable 10. Check condenser coils 11. Visual check for oil / refrigerant leaks Split System Unit Operational Preventive Maintenance Inspection 1. Check volts / amps of compressors 2. Check volts / amps of condenser fan motor where applicable 3. Check starters and contact surfaces 4. Check operating temperatures 5. Visually check refrigerant charge 6. Check moisture indicators 7. Check sight glasses 8. Check all belts where applicable 9. Check all safety controls 10. Check and tighten all electrical connections 11. Lube motors / bearings where applicable 12. Check condenser coil where applicable 13. Check outside air intakes Page 18 of 18