`
`UNITED STATES DEPARTMENT OF COMMERCE
`Patent and Trade
`'k Office
`ASSISTANT COMMISSIONER FOR TRADEMARKS
`2900 Crystal Drive
`Arlington, Virginia 22202-3513
`
`Jan 9, 2002
`
`NOTICE OF PUBLICATION UNDER 12(a)
`
`1. Serial No.:
`75/895,899
`
`3. International Class(es):
`35, 37
`
`2. Mark:
`EMCOR
`and design
`
`4. Publication Date:
`Jan 29, 2002
`
`5. Applicant:
`EMCOR Group,
`
`Inc.
`
`The mark of the application identified appears to be entitled to registration. The
`mark will,
`in accordance with Section 12(a) of the Trademark Act of 1946, as
`amended, be published in the Official Gazette on the date indicated above for the
`purpose of opposition by any person who believes he will be damaged by the
`registration of the mark.
`If no opposition is filed within the time specified by
`Section 13(a) of the Statute or by rules 2.101 or 2.102 of the Trademark Rules,
`the Commissioner of Patents and Trademarks may issue a certificate of
`registration.
`
`Copies of the trademark portion of the Official Gazette containing the publication
`of the mark may be obtained from:
`
`The Superintendent of Documents
`US. Government Printing Office
`PO Box 371954
`
`Pittsburgh, PA 15250—7954
`Phone: (202)512-1800
`
`By direction of the Commissioner.
`
`PCFD10 (REV 07/2000)
`
`

`

`LAURA E GOLDBARD
`STROOCK & STROOCK 8L LAVAN LLP
`180 MAIDEN LN FL 17
`NEW YORK NY 10038-4937
`
`TMP8L!
`
`

`

`TR!
`
`"TMARK EXAMINATIONW aIARKE‘
`
`‘ET
`
`
`
`0
`
`/
`
`
`
`El
`
`1b
`
`El Pseudo Mark
`El Design Search Code
`
`PUBLICATION/REGI TRATION STAGE
`i
`El NO CHANGE
`I] AMENDMENT STAGE
`Serial No.
`/
`g9 % 7
`Name:_SHARON HARRIS_ L0. 107
`DatefilZ-Q’l— 1
`
`
` INSTRUCTIONS: Place a check mark in the apprpriate column and/or box to indicate which data elements have been amended/coded.
`Leal Instrument Exami ”erL13—
`
`—-"E.'A
`
`Class Data
`l"[l] Prime/International Class
`Goods and Services
`
`
`I H First Use Date
`E First Use in Commerce Date
`
`
`
`
`
`CI
`lnAnother Form
`El Certification
`
`
`
`
`
`Mark Data _ El Word Mark
`
`- El Mark Drawing Code
`
`
`- El Scan Sub Drawing
`
`
`
` Misc. Mark Data
`
`
`CI Disclaimer
`[3 Mark Description
`El Name/Portrait/Consent
`[I Lining/Stippling
`
`
`_—
`
`
`
`
`Section 2(1) _ El Section 2(f) Entire Mark
`El Section 2(f) in Part
`- _ III Section 2(i) Limitation Statement
`
`
`El Amended Register Date
`- El Amended Register
`
`
`
`
`[I 44(d)
`1] Foreign Country
` Foreign Reg. Data
`
`
`El Foreign Application Number
`Foreign Application Filing Date
`
`
`
`- El Foreign Registration Number
`Foreign Registration Date
`
`
`
`Foreign Renewal Regi Number
`
`CI Foreign Registration Expiration Date
`
`
`Cl Foreign Reg. Renewal Expiration Date
`Foreign Renewal Reg. Date
`
`DBA/AKA/TA
` U Owner Name
`Owner Data
`
`
`Address 2
`[I Addressl
`
`
`
`State
`
`
`[I City
`
`El Zip Code
`
`
`
`Entity
`El Citizenship
`
`
`EIEI
`Composed of
`El Entity Statement
`
`
`
`El Assignment(s)/Name Change
`
`Amd/Corr Restr.
`Cl Concurrent Use
`
`
`
`Prior U.S. Reg.
`El Prior Registration
`
`
`
`E] Attorney
`Correspondence
`CI Domestic Representative
`D Attorney Docket Number
`
`
`El Correspondence Firm Name/Address
`
`
`
`I certify that all corrections have been entered in accordance with text editing guidelines.
`
`
`_12gri{01
`DATE
`
`
`
`
`
`
`
`
`Other:
`
`SH
`
`LIE
`
`fi/QQ
`
`

`

`V
`
`UNITED STATES DEPARTMENT OF COMMERCE
`Patent and Trademark Office
`Trademark Trial and Appeal Board
`2900 Crystal Drive
`Arlington, Virginia 22202-3513
`
`Mailed: October 23, 2001
`
`In re EMCOR Group,
`
`Inc
`
`Serial No. 75895899
`
`Filed: 01/12/2000
`
`LAURA vE GOLDBARD
`STROOCK & STROOCK & LAVAN LLP
`180 MAIDEN LANE
`NEW YORK NEW YORK 10038—4982
`
`Rochelle Ricks, Paralegal
`
`Applicant's amendment filed on October 1, 2001 was just
`
`associated with the file of record.
`
`The request requires consideration by the Trademark
`
`Examining Attorney. Accordingly, action on the appeal is
`
`suspended and the file is herewith remanded to the Examining
`
`Attorney.
`
`In the event registrability is found on the basis of
`
`this paper,
`
`the appeal will be moot and the Board should be
`
`so informed.
`
`In the event the refusal of registration is
`
`maintained,
`
`the file should be returned to the Trademark
`
`Trial and Appeal Board, proceedings will be resumed and
`
`applicant will be allowed time in which to file its brief on
`
`appeal.
`
`

`

`UNITED STATES PATENT AND TRADEMARK OFFICE
`Trademark Trial and Appeal Board
`2900 Crystal Drive
`Arlington, Virginia 22202-3513
`
`;
`\
`PAPER NO.
`IN REPLY TO SERIAL NUMBER, DATE OF
`FILING, AND NAME OF APPLICANT
`
`MAILED: October 22, 2001
`
`
`BRIEF DUE November 30. 2001
`
`IN RE APPLICATION OF: Emcor Group,
`
`Inc.
`
`
`SERIAL NO. 75/895,899
`APPEAL RECEIVED October 1, 2001
`
`Laura E. Goldbard
`Stroock & Stroock & Lavan LLP
`180 Maiden Lane
`New York, NY 10038-4982
`
`Rochelle Ricks , Paralegal
`
`The appeal and appeal fee in the above—entitled application
`were received on the date indicated above.
`
`'
`
`The Trademark Rules of Practice provide that the brief of
`the applicant must be filed within sixty days after the
`date of the appeal. Applicant must also indicate, not
`later than ten days after the due date for applicant's
`reply brief,
`if an oral hearing is desired.
`
`

`

`UNITED STATES PATENT AND TRADEMARK OFFICE.
`

`1;,
`
`"W.
`
`APPLICANT
`y
`....
`
`1...,
`
`SERIAL NO.
`—-~=
`
`;
`ADDRESS
`
`'
`~
`AC“?! NO.
`
`MAILING DATE"
`u:
`1’
`“2.3
`
`11.
`
`ADDRESS
`Commissioner for Trademarks
`2900 Crystal Drive
`Arlington, VA 22202-3513
`www.uspto.gov
`If no fees are enclosed, the address should
`include the words "Box Responses — No Fee."
`Please provide in all correspondence:
`1. Filing Date, serial number, mark and
`Applicant's name.
`. Mailing date of this action.
`. Examining Attorney's name and
`Law Office number.
`. Your telephone number and ZIP code.
`
`
`
`March 26, 2001
`CALL RECORD/NOTES
`
`l- M..-
`
`OFFICE SEARCH: The examining attorney has searched the Office records and has found no similar registered or
`pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d). TMEP
`section 1105.01.
`
`R13: Serial Number 75/895899 EMCOR and design
`This case will be given priority as an amended case if Applicant or applicant's attorney responds to the requirements
`stated below within two months of the above mailing date.
`In any event, a proper response to this Priority Action must
`be received within SIX MONTHS from the mailing date stated above in order to avoid ABANDONMENT.
`
`This letter responds to applicant’s communication filed on December 22, 2000. The
`likelihood of confusion refusal has been withdrawn. The specimen refusal has been
`withdrawn. The amendments to the identification have not been accepted. The refusal
`based on the indefinite nature of the identification of goods language is continued and
`made FINAL. ,
`
`This is a final action. Please note that the only appropriate responses to a final action are
`either (1) compliance with the outstanding requirements, if feasible, or (2) filing of an
`appeal to the Trademark Trial and Appeal Board.
`37 CPR. Section 2.64(a).
`If the
`applicant fails to respond within six months of the mailing date of this refusal, this Office
`will declare the application abandoned. 37 CPR. Section 2.65(a).
`
`Identification of Services
`
`the examining attorney refused
`In the initial office action dated June 28, 2000,
`registration based onthe indefinite nature of the identification of services language. For
`the reasons set forth below, the refusal based on the indefiniteness of the identification of
`services is maintained and made FINAL.
`
`The recitation of services is unacceptable because it is indefinite and identifies services
`that fall in more than one international class. TMEP Section 1301.05. The Trademark
`
`Act requires that the applicant “specify” the services in an explicit manner. TMEP
`Section 804.01. Additionally,
`the recitation of services should be clear, accurate,
`definite, and as concise as possible. TMEP Section 804.01. The following are several
`
`‘
`
`

`

`75/895899
`
`-2-
`
`examples of wording that may be used by the applicant in formulating an acceptable
`recitation of services, if accurate. Please use this suggested language as the basis for
`formulating a new recitation of services that is clear, accurate, definite, and as concise as
`possible.
`
`Applicant may wish to consult the U. 8. Patent and Trademark Oflice Goods and
`Services Manual, which can be found on our web site at www. uspto. gov. Please note that,
`while an application may be amended to clarify or limit the identification, additions to the
`identification are not permitted.
`37 C.F.R. Section 2.71(a); TMEP section 804.09.
`Therefore, the applicant may not amend to include any services that are not Within the
`scope of the services recited in the present identification.
`
`International Class 035
`
`“Facilities management services.”
`
`International Class 03 7
`
`“Managing, contracting and providing electrical and mechanical construction services;
`maintenance services
`.” The applicant must
`indicate the nature of the
`“maintenance services,” i.e. maintenance of office buildings.
`
`As noted, several of the aforementioned services are not in International Class 042, for
`which the applicant has paid a filing fee. Amendment of the application to include
`services not offered in International Class 042 will result in the requirement that the
`applicant pay an additional fee or fees, submit additional specimens, and amend several
`parts of the application as outlined below.
`
`-
`Multiple Class Application Reguirements
`If the applicant prosecutes this application as a combined, or multiple-class, application,
`the applicant must comply with each of the following:
`
`these
`The applicant must submit a specimen of use for each class;
`(1)
`specimens must be of a type which were in use at least as early as the filing date of the
`application. 37 C.F.R. Section 2.86(b).
`
`(2) The applicant must state dates of first use and use in commerce for the mark
`in each class; these dates must be at least as early as the filing date of this application. 37
`C.F.R. Sections 2.33(a)(1)(vii) and 2.86(b).
`
`(3) The applicant must submit an affidavit or a declaration under 37 C.F.R.
`Section 2.20 signed by the applicant to verify (1) and (2) above.
`37 C.F.R. Sections
`2.59(a) and 2.71(d)(1).
`
`(4) The applicant must list the services by international class with the classes
`listed in ascending numerical order. TMEP section 1113.01.
`
`(5) The applicant must submit a filing fee for each international class of
`services not covered by the fee already paid. The filing fee is $325.00 per class. 37
`C.F.R. Sections 2.6(a)(1) and 2.86(b); TMEP sections 810.01 and 1113.01.
`
`The applicant has failed to amend its identification of goods language properly. This
`requirement is continued and made FINAL.
`
`

`

`75/895899
`
`—3—
`
`Conclusion
`
`For all of the above reasons, the refusal based on the unacceptable identification of
`services is maintained and made FINAL. Please note that the only appropriate responses
`to a final action are either (1) compliance with the outstanding requirements, if feasible,
`or (2) filing of an appeal to the Trademark Trial and Appeal Board. 37 C.F.R. Section
`264(a).
`If the applicant fails to respond Within six months of the mailing date of this
`refusal,
`this Office will declare the application ABANDONED. _37 C.F.R. Section
`2.65(a).
`
`If the applicant has any questions or needs assistance in responding to this Office action,
`please telephone the assigned examining attorney. If the applicant fails to respond Within
`six months of the mailing date of this refusal, this Office will declare the application
`abandoned. 37 C.F.R. Section 2.65(a).
`
`For your convenience, current automated status information is available (via push button
`telephone) for all federal trademark registration and application records maintained in the
`automated Trademark Reporting'and Monitoring (TRAM) system by calling (703) 305-
`8747 between 6:30 am. and midnight, Eastern Time, Monday through Friday.
`
`
`
`WJfigfi. Molinoff
`
`.
`
`Examining Attorney
`Law Office 107
`
`(703) 308—9107 ext. 247
`(703) 308-7191 fax
`
`

`

`RADEMARK EXAMINATION W” ‘
`
`(SHEET
`
`
`
`D PUBLICATION/REGISTRATION STAGE
`I] NO CHANGE
`.
`g AMENDMENT STAGE
`NiamezROSALIND HOWARD L.O.1_Ql
`Date 02%201
`Serial No>m9 I
`
`
`INSTRUCTIONS: Place a check mark in the appropriate column and/or box to indicate which data elements have been amended/coded.
`
`
`
`Leoal Instrument Examiner LIE)
`—-
`i Dnnnnnnnnnn
`
`Class Data
`, U Prime/International Class
`5:4 Goods and Services
`[I First Use Date
`[3 First Use in Commerce Date
`
`
`
`
`
`Cl
`
`El
`
`In Another Form
`
`63
`
`[I Word Mark
`
`Cl Mark Drawing Code
`
`CI Sizing/Lining Code
`
`El Mark Description
`[I Lining/Stippling
`El Translation
`
`Misc. MarkData
`
`Seetion 2(f)
`
`El Section 2(0 Entire Mark
`E] Section 2(0 Limitation Statement
`
` Foreign Reg. Data
`
`E] Amended Register
`
`[I Foreign Country
`
`C] Certification
`
`El Pseudo Mark
`
`C] Design Search Code
`
`Cl Disclaimer
`Cl Name/Fortrait/Consent
`
`E] Section 2(0 in Part
`
`U Amended Register Date
`
`Cl 44(d)
`
`
`
`
`El Foreign Application Number
`
`Cl Foreign Application Filing Date
`
`[I Foreign Registration Number
`
`[1 Foreign Registration Date
`
`Cl Foreign Registration Expiration Date
`
`[3 Foreign Renewal Reg. Number
`
`CI Foreign Reg. Renewal Expiration Date
`U OwnerName
`
`[1 Foreign Renewal Reg. Date
`Cl DBA/AKA/TA
`
`Owner Data
`
`Cl Addressl
`
`Cl City
`
`Cl Zip Code
`
`C] Citizenship
`
`Cl Entity Statement
`
`CI Assignment(s)/Name Change
`
`Cl AddressZ
`
`Cl State
`
`[:1 Entity
`
`E] Composed of
`
`El Concurrent Use
`
`
`
`
`
`
`
`
` Amd/Corr Restr.
`
`Prior U.S. Reg.
`CI Prior Registration
` Correspondence
`
`
`
`I] Attorney
`C] Attorney Docket Number
`
`I] Correspondence Firm Name/Address
`
`C] Domestic Representative
`
`I certify that all corrections have been entered in accordance with text editing guidelines.
`ROSALI’ND HOWARD
`LIE
`
`02/9901
`DATE
`
`
`
`
`
`

`

`Client/Matter No. 31 1562/0030
`
`Applicant
`Serial No.
`
`Filed
`

`
`Trademark
`
`:
`:
`
`:
`
`:
`
`Emcor Group, Inc.
`75/895,899
`
`,
`
`.
`
`/7/<3\ y
`Jeffrey s. Molinoff :/
`
`Attorney:
`
`January 12, 2000
`
`Law Office:
`
`107
`
`EMCOR & Design
`
`AMENDMENT
`
`December 22, 2000
`
`Assistant Commissioner for Trademarks
`2900 “We” Drive
`Arlington, VA 22202—3513
`
`BOX RESPONSE-NO FEE
`
`Sir:
`
`lllllllllllllllllllllllllll\llllllllllllll
`12—22-2000'
`U 9 Parent& TMOiciTM Mail ficpt. Dr. ii
`
`31
`
`In response to the Office Action dated June 28, 2000, Applicant amends its
`
`recitation of services to the following:
`/
`
`
`
`
`
`
`.‘VV—H\
`-—managing, contracting and providing electrical and mechanical
`construction services, maintenance services, and facilities services,
`in Class 42 --
`
`
`
`R E M A R K S
`
`I.
`
`Recitation of Services
`
`As requested by the Examining Attorney, Applicant has amended the recitation of
`P‘wu!
`
`services. Applicant submits that the description of "facilities services" is an .TEEcauratfiandfi“
`
`Certificate of Mailing by “Express Mail” (37 C.F.R. 1.10)
`Number:
`H.283167871US
`Date of Deposit:
`December 22,2000
`I hereby certify that this correspondence is being deposited with the
`service on the date indicated above and is addressed to the Assistant
`Commissioner of Trademarks, 2900 Crystal Drive, Arlington, Virginia
`W3.
`Name:
`Signature:
`
`United States Postal Service “Express Mail Post Office to Addressee"
`
`Florence Jones
`;222 22;; g EQ
`
`P
`
`~ ,
`
`”
`i‘
`
`l; a
`
`
`
`;
`
`3s»;
`
`“"
`
`.
`
`I:
`
`_.
`
`m
`
`

`

`accepted definition of its services. Applicant submits herewith, as Exhibit 1, promotional
`
`material discussing Applicant "facilities services." In addition, Applicant submits that the term
`
`"facilities services" is a term of art
`
`in the field of "facilities management."
`
`"Facilities
`
`managemen " is defined by the Library of Congress as:
`
`"The practice of coordinating the
`
`physical workplace with the people and work of an organization; it integrates the principles of
`
`business administration, architecture, and the behavioral and engineering sciences."
`
`The
`
`definition was established in 1980 by the Facilities Management Institute G3OMDl at the request
`
`of the Library of Congress. Accordingly, BOMI defines "facilities management" as: "the art of
`
`coordinating the physical workplace With the people and work of an organization. The primary
`
`function of Facilities Management is to plan, establish, and maintain a work environment that
`
`effectively supports the goals and objectives of the organization in its environmen ." BOMI,
`
`Facilities Management and the Work Environment, BOMI 1991 3rd Quarter Book #3.
`
`In
`
`addition, on BOMI's web site,
`
`located at http://www.bomi-edu.org, BOMI defines "facilities
`
`management" as
`
`"a multidisciplinary profession drawing on theories and principles of
`
`engineering, architecture, design, accounting, finance, management, and behavioral sciences."
`
`Annexed hereto as Exhibit 2 is a printout of the definition.
`
`Such services can include, but are not limited to, heating ventilation and air
`
`conditioning,
`
`refrigeration, water
`
`systems, plumbing,
`
`fire protection, HVAC systems,
`
`environmental controls, variable frequency drives, planned preventative / predictive maintenance
`
`support services,
`
`turnkey installation, electrical and mechanical construction, performance
`
`1 BOMI was founded in 1970, and is a leading provider of adult education programs for
`commercial property professionals.
`BOMI's educational offerings include training for
`facilities managers, building engineers, and building technicians.
`2
`
`1063305vl
`
`

`

`contracting, design/build,
`
`sheet metal
`
`fabrication, program management, energy savings
`
`programs, equipment procurement, operations, and support services. Accordingly, Applicant
`
`maintains that "facilities services" is an accurate recitation of services.
`
`II.
`
`Prior Registrations
`
`As the Examining Attorney stated that he my refuse registration of Applicant's
`
`mark EMCOR & Design, Applicant contends that the amendment of the recitation of services
`
`obliterates any likelihood of confusion with the registered marks cited by the Examining
`
`Attorney, namely, Registration Nos. 2,275,663, 1,907,173, 1,465,158, 1,169,349 and 1,330,333
`
`and is registrable over these citations.
`
`III.
`
`Substitute Specimens
`
`Also, annexed hereto are substitute specimens and a Declaration in connection
`
`therewith.
`
`IV.
`
`Conclusion
`
`Based on the foregoing, Applicant
`
`respectflilly requests
`
`that
`
`the subject
`
`application be passed to publication.
`
`Respectfully submitted,
`
`STROOCK & STROOCK & LAVAN LLP
`
`Attorneys for Applicant
`Emcor Group, Inc.
`180 Maiden Lane
`
`New York, New York 10038
`212-806-5400
`
`Dated: New York, New York
`December 22, 2000
`
`By:
`
`1063305Vl
`
`
`
`
`
`
`Laura E. Goldbard
`
`Heather L. Danzig
`
`

`

`

`

`
`OR. Consu
`
`
`IntellectualI
`
`mprove
`
`
`
`ng Services
`
`
`
`
`
`Your
`
`EMCOR has a wide range of consulting expertise, all focused
`on assisting you in identifying, quantifying and designing
`solutions to suit your facilities needs.
`
`Worldwide Capabilities
`Utilizing the resources of over 90 offices worldwide, the
`EMCOR Consulting Services team has played a vital role in
`analyzing Facilities Operations issues and implemented
`numerous programs throughout the world. This has resulted
`in increasing the bottom line performance for a wide variety
`of clients.
`
`Energy Analysis
`EMCOR provides complete feasibility 8. design of HVAC and
`lighting retrofit projects, cogeneration plants, thermal
`storage plants, hybrid chiller plants, building automation
`and energy monitoring systems, to name some of the
`hundreds of projects that we have successfully engineered.
`
`In today’s deregulating energy environment, you need the
`expertise of EMCOR to help you navigate through the
`interrelated issues of supply costs, supply reliability, and
`complicated energy offerings.
`
`Our EMCOR ENERGY EDGE product assists clients with large
`portfolios of facilities benchmark them, identify
`opportunities and rank further efforts.
`
`Our extensive pallet of standardized optimization strategies
`brings you repeatability, speed, and accuracy in assessing
`your demand side reduction strategies.
`
`Maintenance Analysis
`EMCOR has assisted hundreds of clients improve the
`effectiveness of their maintenance programs.
`
`EMCOR provides analysis and expertise to design,
`troubleshoot, and/or implement new maintenance programs
`including work flow control processes, maintenance metrics
`programs, CMMS implementations, predictive and reliability
`centered maintenance methodologies, MRO inventory
`programs, and customer service centers. Whether the need
`is implementation of one specific aspect of a maintenance
`program, or completely designing and implementing a
`maintenance program for a new facility, EMCOR has the
`proven expertise to handle the project.
`
`In facilities as diverse as utility company power plants,
`amusement parks, food processing plants, and oil refineries.
`EMCOR has worked on all aspects of asset management and
`
`
`
`
`is recognized by its customer base as the authority on
`maintenance. The key practice areas in EMCOR’s asset
`management business are:
`
`Work Control Re-engineering. The goal of this effort is to
`improve the productivity of the work force by strengthening
`the work control function. This is done by planning and
`scheduling about 90% of a maintenance worker’s time
`(a typical maintenance worker’s time is only 50% planned):
`by communicating job status, schedule and completion
`information to end users; and by documenting all mainten—
`ance tasks and costs for further study by reliability analysts.
`
`Reliability Analysis. Studies have shown that about 40%
`of the maintenance tasks in a typical maintenance program
`have no effect on system reliability. In a number of cases,
`maintenance tasks are actually detrimental to system
`reliability. The goal of this effort is to evaluate system and
`facility reliability as it relates to the end user's core business,
`and then to craft maintenance tasks and frequencies which
`are geared to maximizing system up time where that system
`is critical to the core business, and reducing maintenance
`costs where the system is not critical to the core business.
`
`Iii-Tech Tools. Improving work control and documentation
`requires a Computerized Maintenance Management System
`(CMMS) which systematically records all actions, equipment
`histories and costs. The CMMS allows the maintenance
`
`managers to imbed a specific workflow process; to plan,
`schedule, man power load, and review productivity; and to
`document work accomplishment. Improving the ability of
`maintenance workers to predict system failures (this is called
`predictive maintenance or PdM) requires the use of non—
`destructive testing equipment like vibration analyzers,
`infrared guns, and oil analysis services. This equipment allows
`maintenance workers to determine whether they can delay
`planned maintenance on systems, or whether maintenance
`tasks have to be performed earlier than planned. This of
`course has a very positive effect on system reliability.
`
`Managing by Benchmarks. The goal of this effort is to
`identify key maintenance performance indicators, or
`benchmarks, which management can use to evaluate the
`success of the Maintenance Technology program on an on
`going basis. Indicators are set up to evaluate work force
`productivity, such as ”°/o planned hours worked vs. total hours
`worked,” “% overtime hours worked vs. total hours worked”
`and ”% preventive maintenance tasks performed vs.
`scheduled." Indicators are also set up to evaluate reliability
`issues, such as "average mean time between failure for critical
`systems," "average mean time to repair for critical systems,”
`and ”hours of unplanned system downtime, by week and
`month." The data registers required to make these
`measurements are built into the CMMS software, allowing
`
`regular report cards to be automatically generated and then
`publicized within the organization.
`
`

`

`
`
`EMC “ R Consulti r
`
`
`
`
`Services
`
`Facilities Operations Analysis
`In addition to pure asset management, there are many aspects to
`facilities operations where EMCOR adds value.
`
`Benchmarking. Our comprehensive performance measurement
`framework includes headquarters facilities, technology centers,
`laboratories, and manufacturing sites. The database includes
`“best practices” cost, and service level benchmarks.
`
`Our benchmarking approach uses a two dimensional framework in
`which we analyze both cost and service levels. Both dimensions
`of performance are equally important to evaluate, as companies
`have to do “more with less."
`
`
`
`Specific areas included in the database:
`
`> CLEANING — service levels, cost, contract management
`
`> MAINTENANCE & OPERATIONS — lifecycle costing,
`PM optimization, practices, CMMS
`
`> PROJECT DESIGN 8. CONSTRUCTION MANAGEMENT — project
`tracking, supplier management, process mapping
`» RELOCATION/MOVE MANAGEMENT — component level cost
`analysis, cycle time. coordination, impact of infrastructure,
`space standards
`
`> SPACE PLANNING 81 STANDARDS ~ space utilization, CAD,
`CAFM, standards, benchmarking
`> SECURITY — cost, technology strategy, supplier management
`1» MAIL SERVICES 7 cost, volume, practices
`
`P GROUNDS MAINTENANCE — cost, layout, practices
`
`Performance Metrics. Our benchmarking studies clearly show
`that a distinctive feature of "best in class" facilities organizations
`is a robust set of key performance indicators. EMCOR has helped
`companies develop comprehensive performance measures for
`facilities management that track performance along multiple
`dimensions and are linked to overall objectives. We develop
`measures for both internal purposes and for suppliers providing
`services. Vendor performance measurement is key as we find that
`a majority of facilities organizations do not have performance
`measurement for suppliers and are unable to manage
`performance effectively.
`
`Cultural Transformation and Change Management. Assessing
`the effectiveness of a facilities organization's culture is usually a
`qualitative exercise at best. EMCOR has developed a quantifiable
`approach, which measures effectiveness in 19 different key areas
`and offers a methodology to improve effectiveness in each. Areas
`investigated include how performance is rewarded, how
`management communicates vision, how the strategic planning
`process works.
`
`Once the readiness of the organization has been assessed, a
`plan is put into place to improve those areas that the survey
`identified as key to facilities organizational improvement.
`
`_
`
`W“
`
`—:
`“‘
`>
`Lu h
`4 g
`vq
`W E A
`g,
`: ti
`>
`|.|.I
`a:
`kl!
`
`Low
`
`
`
`
`
`
`
`
`
`. L
`‘
`
`I
`
`B
`
`41-"
`f r
`INEFFICIENT ',
`High Lost/Uni: ol Service 9
`' D
`
`‘ C
`
`[ POOR PERFORMERS]
`Higl' Cost/Low Service
`Low
`
`'
`_
`i
`|' 4’
`‘
`‘
`I [
`Avg
`PRODUCTIVITY LEVEL
`
`B'E'SI‘T'KNL
`7K_ 7
`'_ ‘RERFORMERS
`‘Agfi
`‘
`
`Is
`
`I
`‘
`l
`
`. F
`4 o I
`
`.
`
`‘
`’
`Qfi
`SERVICE LEVEL
`Polenlzal‘y Inadequate
`
`.
`J M
`
`]
`
`
`High
`
`[HIGH CJS'l'E:]—[ EtHlJENLY :l—l: LUW CUSTS]
`
`Analytical methodologies to ensure “apples to apples."
`comparisons are built into the process. We take out the impacts
`of regional comparisons, building types, and use activity based
`cost comparisons to facilitate fair comparisons. Once we have
`identified performance (cost 8: service level differences), we
`identify the practices are constraining performance and then
`develop key recommendations.
`
`By improving the communication,
`planning, alignment and vision in
`the facilities organization, it prepares
`that organization to undertake
`positive change.
`
`(—1
`
`Current
`
`wIRACTICES F0951}
`l—J
`
`Potential
`
`Organization
`Processes
`
`‘
`
`Svc Level Standards
`
`Technology
`
`Customer Relationship,-
`Management
`Culture
`
`Skills/Experience
`
`Contract Management
`
`ax
`
`/UKAS
`
`QumnrMwemw
`
`DSCSSISOSOD
`
`101 Merritt Seven, Norwalk, CT 06851
`
`phone 203.849.7800
`
`fax 203.849.7810 www.emcorgroup.com
`
`Au
`
`z<E:
`
`zou
`
`_
`:1:
`Lu
`
`
`
`gEMCOR
`
`9
`
`EMCOR Facilities Services, Inc.
`
`

`

`ome Integrated Services“
`
`-“SM
`
`.‘
`
`The EMCOR OIS Difference
`
`The EMCOR 015 Team takes the time to understand
`
`each customer’s unique situation to ensure alignment
`of the customer’s business objectives with ours. Acting
`as agents for our customers we are able to technically,
`operationally and financially identify cost reductions
`and service level improvements using the most
`effective means possible. Our ISO 9000 compliant
`business processes enables our team to maximize the
`impacts while minimizing the implementation costs —
`resulting in superior value and return. OIS facilitates
`energy engineering, maintenance engineering,
`organizational engineering, retrofits and operations
`and maintenance.
`
`Unbundling Removes the Mystery
`EMCOR’s 015 Team will identify a portfolio of cost
`reduction and service level improvement opportunities,
`compared to your industry’s best in class operations.
`Each initiative is analyzed and evaluated on its own
`financial and technical merits, and implemented on a
`priority basis. Through an unbundled-open book
`approach, we will provide you with factual information
`to make educated decisions, which will enable you to
`optimize your overall facilities performance.
`
`
`High
`Km
`
`‘EERFORMTE— _
`',
`E
`'
`
`
`
`
`i B
`
`'
`'
`l
`. I
`-. my;
`.
`._ 5’ ,
`3‘14;
`lNFFFIClFNT '4-
`High Cost/Urn of Seu’ice
`D
`
`POOR PERFORMERS
`lligh Coil luv: Suriiw
`
`[
`
`
`
`Low
`
`l
`
`_
`
`Improving ix,"
`Optimize
`
`I‘
`
`__
`
`:
`
`._ :1:
`
`OUTCOME INTEGRATED SERVICESSM (DIS) is a customized
`mix of facilities services, designed to achieve optimum
`financial and service level impact, tailored to the
`culture and change readiness of your organization,
`and delivered by a joint EMCOR/customer team
`working in a shared risk and reward environment.
`
`EMCOR’s 015 Team provides you with a tailored
`platform to rapidly identify, justify and implement
`facilities optimization strategies that will significantly
`reduce costs and optimize service levels. We integrate
`all functions needed to realize the impact, and you
`
`pay only for direct costs until results are verified for
`which we receive a performance—related fee.
`
`USTOMER N"
`
`Strategic
`Alignment
`
`‘ Maintenance
`i Utilities
`lOptimization‘ Optimization
`
`Cg‘ififiemg'
`Effiggss
`0pm.
`'ation Optinuzation
`
`OIS consists of five modules designed to optimize
`your facilities performance. The EMCOR 015 Team
`analyzes energy utilization and procurement practices,
`maintenance effectiveness, facilities organization, work
`processes and tools, to develop a comprehensive plan
`that improves efficiency and minimizes costs through
`leveraging information, modifying equipment and work
`processes, and educating employees.
`
`Lu
`4
`Z
`4
`L)
`L“
`H
`D:
`>
`a
`m
`
`i
`
`C
`
`’M
`
`r
`T"‘r'
`4 ’
`.
`'
`.
`0’ {0“ ' J
`‘Gr '
`.
`SERVICE Lizfiai
`
`_ Potentia ly Incidental-‘5 ‘ ' _
`Avg
`High
`PRODUCTIVITY LEVEL
`
`
`
`
`[HIGH (11313177 7* "E FFHL’IFNUIVIii i [LOW [LISTS]
`
`

`

`
`
`
`EMCOR Outc
`
`
`
`e Integrat (:1 Services“
`
`Getting Started
`The first step in moving towards the development of a
`comprehensive Facility Optimization Strategy is to
`conduct a preliminary assessment of your facility. This
`site assessment will identify areas of opportunity and
`their general order of magnitude for potential savings
`and costs. This assessment will guide the EMCOR 015
`Team to facilitate the development and implementation
`of a set of actions designed to optimize utilities,
`maintenance, and facilities operations.
`
`Customer Benefits
`
`> Sustainable performance improvements
`
`v Standardized processes (ISO 9000)
`
`> Time compression from assessment
`through implementation
`
`, Customized programs tailored to your
`facilities objectives
`
`r Unbundled project evaluation and implementation
`
`> Performance based compensation
`
`
`
`rem-mum mm
`
`TIME
`
`ADDED
`
`_ SAVINGS l
`
`ZoP
`
`—(
`l—L.)
`:3
`DLLI
`
`m E
`
`‘3
`
`g
`
`['0
`
`Worldwide Capabilities
`
`Utilizing the resources of our offices worldwide,
`EMCOR’s 015 Team has played a vital role in analyzing
`Facilities Operations issues and implemented
`numerous management programs, benefiting a wide
`variety of industrial clients, throughout the US,
`Canada, and Europe.
`
`Preferred Approach
`
`OIS can be implemented by integrated teams of
`customer personnel, EMCOR personnel and supported
`by third party suppliers and contractors in compliance
`with your procurement practices.
`
`IDENTIFY GAPS & OPPORTUNITIES
`
`BUILD BUSINESS PLAN
`
`
`BUSINESS
`
`L
`CASE A
`
`
`
`BUSINESS
`CASE B
`.
`‘
`_
`Project Bil
`
`.
`c
`
`Project sz
`
`Project B3j
`
`BUSINESS
`CASE C
`.
`'
`-
`Project C1:
`
`Project (32‘
`
`
`VERIFY RESULTS
`
`r
`
`Project A1]
`
`FProject A2]
`
`
`
`:Project A3]
`
`WV
`
`]LL]
`
`U 3
`
`m n
`
`0—
`
`,_,
`2
`(I)
`
`3_
`
`Greater Cost
`Reduction
`
`‘
`Compressed
`Irnplernentatlom
`
`Coniigfeejiy 8,
`Standardization
`
`,—,—.——
`
`
`gee-con
`'7
`
`EMCOR Facilities Services, Inc.
`
`101 Merritt Seven, Norwalk, CT 06851
`
`phone 203.849.7800
`
`fax 203.849.7810 www.emcorgroup.com
`
`DSC35140500
`
`
`
`
`
`
`
`

`

`EMCOR In grated Fac'
`
`'ties Services
`
`Whateverme .
`
`can
`
`Worldwide Capabilities
`
`Whatever your size of facility, an EMCOR Integrated
`Facilities Services (IFS) solution can make your facility
`more efficient, more productive and more profitable.
`We can provide your facilities with skilled staffing
`services on an as needed and/ or temporary basis.
`These services are the right fit for smaller single or
`multiple facilities where f

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.

We are unable to display this document.

PTO Denying Access

Refresh this Document
Go to the Docket