Common use of BASIS OF ENERGY ENGINEERING Clause in Contracts

BASIS OF ENERGY ENGINEERING. Forecasted energy savings are the difference between the pre- and post-retrofit period consumption for the equipment included in the scope of Work. The pre-retrofit data (hereinafter, "Baseline data") for the Project under this Work Order #1 covers the period from March 2022 through March 2023. The Baseline data takes into consideration the quantity of facilities and size thereof, 2023/2024 building operational schedules, 2023/2024 School Calendar, 2023/2024 individual school bell schedules, occupancy factors and utilization, utility usage, costs, and utility rates along with the available average NREL weather data for the closest weather station. The District provided the aforementioned information except for the weather data. Contractor does not control or follow the operations of the District’s Facilities on a day-by-day basis, it is virtually impossible to track the energy consumption and savings from utility bills due to many dynamic factors that are out of Contractor’s control. Such factors outside of Contractor’s control include, but are not limited to: weather changes, changes in the use of any facility and number of occupants (including, but not limited to, staff, faculty and students), changes to the hours of operation of any facility, changes to the control system scheduling, changes or modifications to the equipment or services provided under this Agreement, changes in utility suppliers, method of utility billing, number of days in the billing cycle, utility rates or method of utility purchasing, improper maintenance of the equipment or of any energy-consuming equipment, changes to the equipment or to any facility required by changes to building codes, additions or removals of energy-consuming equipment, personal portable heaters, refrigerators, and vending machines, and additions or removals of any supplemental facilities (i.e. portable classroom buildings), etc. Therefore, the engineering calculations approach is based on a measure-by-measure (ECM-by-ECM) basis and is derived by comparing the specific value of physical parameters after the installation to its value prior to the installations. For example: lighting systems retrofit (see below) will result in lower wattage consumption than Baseline scenario. This measure is not affected by weather changes, HVAC, or other unrelated equipment energy consumption that are reflected in the utility bills. Below are some key characteristics and features of the measure-by-measure energy saving calculations method: • It calculates savings based on District inputs, field measurements, and agreed upon assumptions and stipulations. • It does not involve utility bill comparisons; however, utility bills may be analyzed to identify energy consuming trends and correlations. • It is structured so that the individual measure’s savings, as described in Scope of Work, shall not be affected by unrelated building modifications. In any event, the overall energy use of the District’s Facility would be lower than if the energy saving measures (retrofits) identified in the Project herein had not been implemented. If desired, Contractor may provide additional utility data analysis and benchmarking based on the standard engineering principals for an additional fee (excluded from this Scope of Work). The District shall notify Contractor in writing no later than thirty (30) days after any changes as outlined above made to the District’s Facilities that would affect the energy usage at the District’s Facilities. The District shall make available to Contractor no later than thirty (30) days upon receipt, on a monthly basis for at least one year after Completion and Acceptance Date, copies of required energy bills, energy usage data, and any other such documentation related to changes to energy usage as outlined above. The Scope of Work presented herein is based on retrofits feasibility, cost effectiveness and maximum energy savings for the different ECM’s. Equipment brand and materials noted herein can be substituted with similar equipment/materials based on the availability and costs at the time of the scheduled installation, constructability, and other considerations as determined by the engineer and project manager. In order to achieve energy savings in the future years and for trouble-free operation, District agrees to maintain and service the Equipment and Systems included in the Scope of Work per the Equipment manufacturer’s guidelines and in accordance with industry standards as applicable to the specific systems. The District may need to provide accurate preventative maintenance and repair records for any work performed on the systems included herein.

BASIS OF ENERGY ENGINEERING. Forecasted energy savings are the difference between the pre- and post-retrofit period consumption for the equipment included in the scope of Work. The pre-retrofit (or Baseline) data (hereinafter, "Baseline data") for the Project under this Work Order #1 project covers the period from March 2022 June 2018 through March 2023July 2019. The Baseline data takes into consideration the quantity of facilities and size thereof, 2023/2024 size; 2018/2019 building operational schedules, 2023/2024 School Calendar, 2023/2024 individual school bell schedules, ; occupancy factors and utilization, ; utility usage, costs, costs and utility rates along with the available average NREL ASHRAE weather data files for the closest weather station. The District provided Except weather files, this data has been obtained from the aforementioned information except for the weather dataCounty. Since Contractor does not control or control/follow the building operations of the District’s Facilities on a day-by-day basis, it is virtually impossible to track the energy consumption and savings from utility bills due to many dynamic factors that are out of the Contractor’s control. Such These factors outside of Contractor’s control (permanent or temporary) include, but are not limited to: weather changes, ; changes in the use of any facility and number of occupants (including, but not limited to, staff, faculty and students), ; changes to the hours of operation of any facility, ; changes to the control system scheduling, ; changes or modifications to the equipment or services provided under this Agreement, ; changes in utility suppliers, method of utility billing, number of days in the billing cycle, utility rates or method of utility purchasing, ; improper maintenance of the equipment or of any energy-consuming equipment, ; changes to the equipment or to any facility required by changes to building codes, ; additions or removals deletions of energy-consuming equipment, ; personal portable heaters, refrigerators, ; refrigerators and vending machines, and machines and/or additions or removals deletions of any supplemental facilities (i.e. portable classroom buildings)facilities, etc. Therefore, the engineering calculations approach is based on a measure-by-measure (ECM-by-ECM) basis and is to be derived by comparing the specific value of physical parameters after the installation to its value prior to the installations. For example: lighting systems retrofit (see below) will result in lower wattage consumption than Baseline scenario. This measure is not affected by weather changes, HVAC, HVAC or other unrelated equipment energy consumption that are reflected in the utility bills. Below are some key characteristics and features of the measure-by-measure energy saving calculations method: • It calculates savings based on District County inputs, field measurements, and agreed upon assumptions and stipulations. • It does not involve utility bill comparisons; however, utility bills may be analyzed to identify energy consuming trends and correlations. • It is structured so that the individual measure’s savings, as described in Scope of Work, shall not be affected by unrelated building modifications. In any event, the overall energy use of the District’s Facility facility would be lower than if the energy saving measures (retrofits) identified in the Project facility solutions project herein had not been implemented. If desired, the Contractor may provide additional utility data analysis and benchmarking based on the standard engineering principals for an additional fee (excluded from this Scope of Work). The District Contractor shall notify Contractor in writing no later than thirty (30) days after any changes as outlined above made to the District’s Facilities that would affect the energy usage at the District’s Facilities. The District shall make available to Contractor no later than thirty (30) days upon receipt, on a obtain monthly basis for at least one year after Completion and Acceptance Date, copies of required energy bills, energy usage data, and any other such documentation related to changes to energy usage as outlined above. The Scope of Work presented herein is based on retrofits feasibility, cost effectiveness effectiveness, guaranteed energy production of 90% for solar as defined in the Operation and Maintenance Agreement, and maximum energy savings for the different ECM’s. Equipment brand and and/or materials noted herein can be substituted substituted, as approved by County, with similar equal equipment/materials based on the availability and costs at the time of the scheduled installation, constructability, constructability and other considerations as determined by the engineer and project manager. In order to achieve energy savings in the future years and for trouble-free operation, District County agrees to maintain and service the Equipment equipment and Systems systems included in the Scope of Work per the Equipment equipment manufacturer’s guidelines and in accordance with industry standards as applicable to the specific systems. The District may need to provide accurate preventative maintenance and repair records for any work performed on the systems included herein.

BASIS OF ENERGY ENGINEERING. Forecasted energy savings are the difference between the pre- and post-retrofit period consumption for the equipment included in the scope of Work. The pre-retrofit (or Baseline) data (hereinafter, "Baseline data") for the Project under this Work Order #1 project covers the period from March 2022 June 2018 through March 2023July 2019. The Baseline data takes into consideration the quantity of facilities and size thereof, 2023/2024 size; 2018/2019 building operational schedules, 2023/2024 School Calendar, 2023/2024 individual school bell schedules, ; occupancy factors and utilization, ; utility usage, costs, costs and utility rates along with the available average NREL ASHRAE weather data files for the closest weather station. The District provided Except weather files, this data has been obtained from the aforementioned information except for the weather dataCounty. Since Contractor does not control or control/follow the building operations of the District’s Facilities on a day-by-day basis, it is virtually impossible to track the energy consumption and savings from utility bills due to many dynamic factors that are out of the Contractor’s control. Such These factors outside of Contractor’s control (permanent or temporary) include, but are not limited to: weather changes, ; changes in the use of any facility and number of occupants (including, but not limited to, staff, faculty and students), ; changes to the hours of operation of any facility, ; changes to the control system scheduling, ; changes or modifications to the equipment or services provided under this Agreement, ; changes in utility suppliers, method of utility billing, number of days in the billing cycle, utility rates or method of utility purchasing, ; improper maintenance of the equipment or of any energy-consuming equipment, ; changes to the equipment or to any facility required by changes to building codes, ; additions or removals deletions of energy-consuming equipment, ; personal portable heaters, refrigerators, ; refrigerators and vending machines, and machines and/or additions or removals deletions of any supplemental facilities (i.e. portable classroom buildings)facilities, etc. Therefore, the engineering calculations approach is based on a measure-by-measure (ECM-by-ECM) basis and is to be derived by comparing the specific value of physical parameters after the installation to its value prior to the installations. For example: lighting systems retrofit (see below) will result in lower wattage consumption than Baseline scenario. This measure is not affected by weather changes, HVAC, HVAC or other unrelated equipment energy consumption that are reflected in the utility bills. Below are some key characteristics and features of the measure-by-measure energy saving calculations method: • It calculates savings based on District County inputs, field measurements, and agreed upon assumptions and stipulations. • It does not involve utility bill comparisons; however, utility bills may be analyzed to identify energy consuming trends and correlations. • It is structured so that the individual measure’s savings, as described in Scope of Work, shall not be affected by unrelated building modifications. In any event, the overall energy use of the District’s Facility facility would be lower than if the energy saving measures (retrofits) identified in the Project facility solutions project herein had not been implemented. If desired, the Contractor may provide additional utility data analysis and benchmarking based on the standard engineering principals for an additional fee (excluded from this Scope of Work). The District Contractor shall notify Contractor in writing no later than thirty (30) days after any changes as outlined above made to the District’s Facilities that would affect the energy usage at the District’s Facilities. The District shall make available to Contractor no later than thirty (30) days upon receipt, on a obtain monthly basis for at least one year after Completion and Acceptance Date, copies of required energy bills, energy usage data, and any other such documentation related to changes to energy usage as outlined above. The Scope of Work presented herein is based on retrofits feasibility, cost effectiveness and maximum energy savings for the different ECM’s. Equipment brand and and/or materials noted herein can be substituted substituted, as approved by County, with similar equal equipment/materials based on the availability and costs at the time of the scheduled installation, constructability, constructability and other considerations as determined by the engineer and project manager. In order to achieve energy savings in the future years and for trouble-free operation, District County agrees to maintain and service the Equipment equipment and Systems systems included in the Scope of Work per the Equipment equipment manufacturer’s guidelines and in accordance with industry standards as applicable to the specific systems. The District may need to provide accurate preventative maintenance and repair records for any work performed on the systems included herein.