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 (or Baseline) data for this project covers the period from May 2021 through April 2022. The Baseline data takes into consideration the quantity of facilities and size; 2021/2022 building operational schedules; 2021/2022 School Calendar and 2021/2022 individual school Bell Schedules; occupancy factors and utilization; utility usage, costs and published current effective utility rates along with the available average ASHRAE weather files for the closest weather station. Except weather files, this data has been obtained from the District. Since Contractor does not control/follow the building operations 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. These factors (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 deletions of energy-consuming equipment; personal portable heaters; refrigerators and vending machines and/or additions or deletions of any facilities (i.e. portable classroom buildings), etc. Therefore, 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 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 facility would be lower than if the energy saving measures (retrofits) identified in the facility solutions 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 is to notify Contractor in writing no later than thirty (30) days after any changes as outlined above made to the Property that would affect the energy usage at the Property. 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. Scope of Work presented herein is based on retrofits feasibility, cost effectiveness and maximum energy savings for the different ECM’s. Equipment brand and/or 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 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-pre- retrofit (or Baseline) data for this project covers the period from May 2021 July 2012 through April 2022June 2013. The Baseline data takes into consideration the quantity of facilities and size; 2021/2022 2013/2014 building operational schedules; 2021/2022 2013/2014 School Calendar and 2021/2022 2013/2014 individual school Bell Xxxx Schedules; occupancy factors and utilization; utility usage, costs and published current effective utility rates along with the available average ASHRAE weather files for the closest weather station. Except weather files, all this data has have been obtained from the District. Since Contractor does not control/follow the building operations 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. These factors (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-energy- consuming equipment; changes to the equipment or to any facility required by changes to building codes; additions or deletions of energy-consuming equipment; personal portable heaters; refrigerators and vending machines and/or additions or deletions of any facilities (i.e. portable classroom buildings), etc. It should be also noted, that the weather within last two years was unusually mild and, as a result, heating and cooling energy costs were lower than normal. Therefore, 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 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 xxxx comparisons; however, utility bills may be analyzed to identify energy consuming trends trend s and correlations. •  It is structured so that the individual measure’s savings, as described in Scope of Work, shall not be affected effected by unrelated building modifications. Additionally, selected energy savings calculations have been performed with the help of the on-line Energy Saving Calculators developed by California Energy Commission (CEC). These on-line calculators are offered by CEC as a part of CA Clean Energy Jobs Act (Proposition 39). CONTRACTOR has no control over engineering methodologies utilized by CEC in on-line Energy Saving Calculators. In any event, the overall energy use of the facility would be lower than if the energy saving measures (retrofits) identified in the 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 is to notify Contractor in writing no later than thirty (30) days after any changes as outlined above made to the Property that would affect the energy usage at the Property. 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 all energy bills, energy usage data, and any and all other such documentation related to changes to energy usage as outlined above. Scope of Work presented herein is based on retrofits feasibility, cost effectiveness and maximum energy savings for the different ECM’s. Equipment brand and/or 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 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 data (or Baselinehereinafter, "Baseline data") data for the Project under this project Work Order #1 covers the period from May 2021 March 2022 through April 2022March 2023. The Baseline data takes into consideration the quantity of facilities and size; 2021/2022 size thereof, 2023/2024 building operational schedules; 2021/2022 , 2023/2024 School Calendar and 2021/2022 Calendar, 2023/2024 individual school Bell Schedules; bell schedules, occupancy factors and utilization; , utility usage, costs costs, and published current effective utility rates along with the available average ASHRAE NREL weather files data for the closest weather station. Except The District provided the aforementioned information except for the weather files, this data has been obtained from the Districtdata. Since Contractor does not control/control or 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 Contractor’s control. These Such factors (permanent or temporary) 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 deletions removals of energy-consuming equipment; , personal portable heaters; refrigerators , refrigerators, and vending machines and/or machines, and additions or deletions 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 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 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 facility District’s Facility would be lower than if the energy saving measures (retrofits) identified in the facility solutions project 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 is to shall notify Contractor in writing no later than thirty (30) days after any changes as outlined above made to the Property District’s Facilities that would affect the energy usage at the PropertyDistrict’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/or 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 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 Equipment and systems Systems included in the Scope of Work per equipment 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.