HomeMy WebLinkAbout2001-196 Agrmt - BPA 01ES-10379
Contract No. OlES-10379
PURCHASE OF CONSERVATION AGREEMENT
executed by the
UNITED STATES OF AMERICA
DEPARTMENT OF ENERGY
acting by and through the
BONNEVILLE POWER ADMINISTRATION
and
CITY OF ASHLAND.
Table of Contents
Section Page
1. Term of Agreement 2
2. Definitions 2
3. Purchase of Energy Savings 4
4. Implementation Budget 4
5. Other Sources of Funding 5
6. Project Implementation 5
7. Consumer Agreements 5
8. Invoicing and Payment 6
9. Records and Audits 6
10. Bonneville Oversight 7
11. Evaluations 7
12. Procedures for Addition or Removal of Measures and Units 8
13. Suspension and Withholding Payment 8
14. Termination 9
15. Environmental Provisions 11
16. Standard Provisions 11
17. Uncontrollable Force 13
18. Liability 13
19. Dispute Resolution 15
'20. Notices 17
21. Signature Clause 17
Exhibit A Project Proposals, Energy Savings, and Project Budgets
This PURCHASE OF CONSERVATION AGREEMENT, is executed by the UNITED
STATES OF AMERICA, Department of Energy, acting by and through the BONNEVILLE
POWER ADMINISTRATION (Bonneville) and the CITY OF ASHLAND, (Ashland), a
municipal Ashland organized under the laws of the State of Oregon, hereinafter may be
referred to individually as "Party" or collectively as "Parties."
RECITALS
Bonneville is required by the Pacific Northwest Electric Power Planning and
Conservation Act, Public Law 96-501 (Northwest Power Act), to meet the net firm
power load requirements of its customers in the Pacific Northwest; and
Bonneville is authorized to acquire Conservation to reduce the firm power load
requirements of its customers in the Pacific Northwest; and
Bonneville intends to acquire Conservation which is reliable and dependable as part
of its efforts to augment the supply of Federal power; and
Ashland intends to produce Completed Units within its service area, producing a
quantity of Energy Savings in exchange for an Implementation Budget from
Bonneville; and
NOW, THEREFORE, the Parties agree as follows:
1. TERM OF AGREEMENT
This Agreement becomes effective at 2400 hours on the date of execution by both
Parties (Effective Date), and shall remain in effect until 2400 hours on
September 30, 2006, unless terminated earlier as provided in section 14. Except as
provided for in section 3(d), all obligations shall remain until satisfied.
2. DEFINITIONS
All capitalized terms used herein shall have the following meaning:
(a) "Completed Unit" means a Unit that is properly installed, operating and,
when applicable, commissioned in accordance with the manufacturer's
requirements and specifications for normal operations; and as applicable has
satisfied or met any specification requirements set forth in Exhibit A.
(b) "Conservation" means any reduction in electric energy consumption resulting
from an increase in the efficiency of electric energy use, production or
distribution.
(c) "Consumer" means any end user of electric energy in the Ashland's service
area that contributes to Ashland's total retail load.
(d) "Contracting Officer" means the person designated by Bonneville who has the
authority to enter into, administer, modify, suspend, or terminate this
Agreement; and to make related interpretations, determinations and
findings.
(e) "Contracting Officer's Technical Representative" or "COTR" means the
authorized representative of the Contracting Officer knowledgeable in the
technical aspects of this Agreement designated in writing by the Contracting
Officer.
01ES-10379, City of Ashland 2
(f) "Energy Savings" means the ascribed, deemed, estimated, evaluated, or
verified Conservation, in first year kilowatt-hours (kWh) attributable to
Completed Units as specified in Exhibit A.
(g) "Fiscal Year" means the consecutive twelve (12) month period which begins
on every October 1 and ends on the following September 30, during the term
of this Agreement.
(h) "Implementation Budget" means the amount of money Bonneville shall make
available to Ashland pursuant to Exhibit A to expend on Implementation
Costs during the Implementation Period.
(i) "Implementation Costs" means the sum of all or part of the actual total costs
to install or implement Measures which result in Completed Units as
identified for each Project in Exhibit A.
(j) "Implementation Period" means the period of time from the Effective Date
through 2400 hours on September 30, 2006, during which Completed Units
are delivered, unless extended by written agreement of the Parties.
(k) "Measure(s)" means materials or equipment installed, or activities
implemented, to achieve Conservation, as identified in Exhibit A.
(1) "Other Requirements" means any revision, restriction, or alteration which
Bonneville may impose on any Measure as a result of any directive or order of
any court or regulatory agency of competent jurisdiction, or the result of a
final record of decision of any process conducted by Bonneville pursuant to
the National Environmental Policy Act.
(m) "Project" means the total of all Completed Units installed for each proposal
under this Agreement.
(n) "Regional Technical Forum" (RTF) means an organization composed of
Bonneville customers, state agencies, public interest groups and Bonneville
that has responsibility for developing the list of recommended qualifying
measures, some of which are eligible for purchase under the Conservation
Augmentation as deemed measures.
(o) "Unit" means any Measure or combination of Measures which achieve
Conservation as provided in each Conservation proposal agreed to and
incorporated in Exhibit A.
(p) "Work in Progress" means Projects committed to by Ashland, the installation
of which has not been completed as of the date of any notice of termination of
this Agreement.
(q) "Workday" means a day that both Parties recognize as a regular day of work.
01ES-10379, City of Ashland 3
3. PURCHASE OF ENERGY SAVINGS
(a) Bonneville agrees to purchase and Ashland agrees to sell the Energy Savings
from each Project incorporated into Exhibit A.
(b) Ashland may at any time propose additional Projects for Bonneville's
consideration to purchase during the term of this Agreement. Proposals
submitted shall include the information as outlined in the Bonneville
Invitation to Reduce Loads through Conservation, dated October 17, 2000,
and include the funding sources as required in section 5(a). Bonneville may
request additional information on any project submitted prior to acceptance.
If Bonneville agrees to the terms for the purchase of Energy Savings from
additional Projects proposed, then Exhibit A shall be amended to add such
Projects.
(c) Bonneville may at any time during the term of this Agreement send Ashland
notice that Bonneville will no longer accept proposals for additional Projects
under this Agreement.
(d) Bonneville shall not be obligated to pay for a Project that is completed and
the Energy Savings delivered after September 30, 2006.
4. IMPLEMENTATION BUDGET
(a) On the Effective Date of this Agreement, or when a Project is amended into
Exhibit A, Ashland is authorized by Bonneville to incur Implementation
Costs in an amount equal to the Implementation Budget for each Project
described in Exhibit A.
(b) Bonneville's purchase commitment, consistent with the Exhibit A, shall be
available to Ashland for the term of this Agreement, except as provided for in
section 3(d) (Purchase of Energy Savings) sections 13 (Suspension and
Withholding Payment) and 14 (Termination).
(c) Unless otherwise described in Exhibit A, Bonneville shall not be obligated to
pay costs in excess of the Implementation Budget for any individual Project.
Such costs shall solely be paid by the Ashland.
(d) Bonneville may, but is under no obligation to supplement the Implementation
Budget or provide additional budget authority under this Agreement.
(e) Unless otherwise agreed in writing, the balance of any Implementation
Budget remaining after the completion, acceptance and payment for a Project
shall be made available to Bonneville.
(f) Agreements entered into by Ashland with their Consumers under this
Agreement that commit the Implementation Budget shall be signed prior to
September 30, 2006.
01ES-10379, City of Ashland 4
5. OTHER SOURCES OF FUNDING
(a) For any proposal submitted, Ashland shall list all other sources of funding for
Projects and Measures other than that provided by Bonneville. Bonneville
and Ashland may then agree to the allocation of costs among the various
funding sources.
(b) Bonneville shall not pay for any portion of the cost of a Project under this
Agreement that has been or would be paid or given credit for under any other
Bonneville or Federal contract or financial assistance agreement. No Project
or Measure claimed under Bonneville's C&RD shall be eligible for payment
under this Agreement.
6. PROJECT IMPLEMENTATION
(a) Ashland shall:
(1) implement the Projects as described in Exhibit A;
(2) deliver Completed Units within the timelines described in Exhibit A
unless as otherwise agreed to by the Parities;
(3) cause only those Measures identified in Exhibit A to be installed in
accordance with any specifications for those Measures;
(4) implement Projects in accordance with all applicable building,
electrical, environmental, and health and safety regulations imposed
by Federal, state and local laws, codes and ordinances;
(5) unless otherwise specified in Exhibit A, submit a summary report,
that includes the information required by section 8(a), together with
the associated invoice(s) to the Bonneville representative identified in
section 8(b); and
(6) Ashland may subcontract to provide Completed Units under this
Agreement. If Ashland does create such an arrangement, Ashland
shall, by contract, require that the entity comply with the terms and
conditions of sections 9 (Records and Audits), 10 (Bonneville
Oversight), 11 (Evaluations), 13 (Suspension and Withholding
Payment), and 14 (Termination).
7. CONSUMER AGREEMENTS
(a) For projects where Ashland establishes an agreement with the Consumer,
wherein the Consumer returns the funds to Ashland either through an
addition to their Ashland bill, or due to an obligation created by the
Consumer's removal of the equipment, Ashland shall use those returned
funds to purchase additional Energy Savings.
01ES-10379, City of Ashland 5
0
S. INVOICING AND PAYMENT
(a) Unless otherwise specified in Exhibit A Ashland shall provide for each .
Project, an invoice with the documentation detailing the Project costs and the
Energy Savings. This shall include, but is not limited to: the Energy Savings
methodology, including, if the Energy Savings are not deemed, any pre- and
post metered data, formulas, assumptions, operating hours used for
determining the Energy Savings; the equipment installed; and the Project
costs, including but not limited to equipment costs, architecture and
engineering costs, labor, and other direct and indirect costs. Unless specified
in Exhibit A for the Project, the frequency of invoices shall either be: (1) no
more often than monthly for Projects with multiple Units expected to be
delivered throughout the term of this Agreement; or (2) a single invoices
when the Project is completed.
(b) Invoices shall be transmitted to Bonneville at the following address:
Bonneville Power Administration
P.O. Box 3621
Portland, Oregon 97208 - 3621
Attn: Ms. Terry L. Regan
Telephone (503) 230-4592
Fax (503) 230-5147
Email: tlregan@bpa.gov
(c) Bonneville shall pay on a cost reimbursement basis the amount invoiced by
electronic transfer of funds from Bonneville to the Ashland's bank account.
Payment by Bonneville shall be made on or before the close of business on the
30th day following the date of receipt and acceptance of a proper invoice by
Bonneville's COTR. Should the 30th day be a day other than a Workday, the
payment shall be due on the next Workday.
(d) Should there be a disagreement in the invoice amount, Bonneville and
Ashland agree to work together to correct errors to the invoice submitted and
any revisions noted on the revised invoice. The Parties shall make
reasonable efforts to make invoice adjustments as soon as possible after
Bonneville's receipt of the invoice.
9. RECORDS AND AUDITS
(a) Ashland shall establish and maintain supporting documents and records for
each Project. The files for all projects implemented under this Agreement
shall be clearly designated as being Conservation Augmentation projects.
The records for each Project, Measure or Unit as appropriate shall include,
but is not limited to: (1) the name, address, and telephone number of the
recipient; (2) the measure installed; (3) the kWh savings from the measure;
(4) documents detailing how the energy savings were determined; (5) the total
cost of the measure; and (6) the dollar amount invoiced to Bonneville.
01ES-10379, City of Ashland 6
• 0
(b) If Ashland participates in any of Bonneville's Conservation Programs,
Ashland shall maintain records sufficient to demonstrate the source of
Bonneville funding, or credit for each Project, Measure or Unit as
appropriate.
10. BONNEVILLE OVERSIGHT
(a) Bonneville or Bonneville's agent shall have the right to conduct inspections of
Units or Completed Units and monitor or review Ashland's procedures,
records, verified Energy Savings methods and results, or otherwise oversee
Ashland's implementation of this Agreement. The number, timing, and
extent of such audits shall be at the discretion of Bonneville. Such audits
shall occur at Bonneville's expense. Financial audits shall be in compliance
with the audit standards established by the Comptroller General of the
United States. Bonneville may contact appropriate Federal, State, or local
jurisdictions regarding environmental, health, or safety matters related to
Units.or Completed Units.
(b) Prior to any physical inspection pursuant to section 10(a), Bonneville shall
give Ashland written notice. Upon receipt of notice, Ashland shall have
30 days to arrange for the inspection of Units or Completed Units, or review
of energy audit or Measure installation procedures, technical documents,
records, or verified savings methods and results.
(c) Bonneville's Contracting Officer, or COTR, may issue interpretations,
determinations, and findings of the body of this Agreement that are binding
on the Parties. Such decisions shall be provided to Ashland in writing. In
administering this Agreement, only the written statements of Bonneville
officials acting within the scope of their authority shall be considered to be
official Bonneville statements.
11. EVALUATIONS
(a) Bonneville may conduct, and Ashland shall cooperate in, Conservation impact
and Project implementation process evaluations to assess the amount, cost
effectiveness, and reliability of Conservation in Ashland's service area or
region. Bonneville shall select the timing, frequency, and type of such
evaluations.
(b) Bonneville shall set the specific requirements for evaluations with
consideration for the schedules and reasonable needs of Ashland and
Ashland's customers.
(c) Any evaluation of the Project initiated by Bonneville shall be conducted at
Bonneville's expense and such costs shall be excluded from the
Implementation Budget.
01ES-10379, City of Ashland 7
0
12. PROCEDURES FOR ADDITION OR REMOVAL OF MEASURES AND UNITS
(a) Measures may be removed from Exhibit A only upon agreement of the
Parties; except however, Bonneville may unilaterally remove any Measure
from Exhibit A when such removal is necessitated by Other Requirements.
(b) Units may be removed from Exhibit A, or the descriptions of Units revised,
only upon the agreement of the Parties; except however, Bonneville may
unilaterally remove any Unit or make necessary revisions to Unit
descriptions when necessitated by Other Requirements.
(c) Bonneville may provide notices that establish procedures for implementing
this Agreement. When such procedures are adopted by mutual agreement
they shall be amended into this Agreement.
13. SUSPENSION AND WITHHOLDING PAYMENT
(a) Bonneville and Ashland agree to amend Exhibit A to reflect a change to any
Measure that is required due to Other Requirements during the term of this
Agreement.
(b) Bonneville and Ashland agree to an immediate suspension of the Project
related to any Measure that either Party determines after a reasonable
investigation presents a significant environmental, health, or safety threat to
Consumers. Ashland shall take actions within 60 days, or another number of
days as agreed in writing, to remedy the environmental, health or safety
threat to Consumers from past Measure installation, and/or implement such
other actions as the Parties agree to. The Project shall resume only when
Bonneville is satisfied that the Contractor has remedied the environmental,
health or safety threat to Consumers.
(c) If Bonneville determines that Ashland's Project implementation is not in
substantial compliance with the environmental, technical, and/or
record-keeping requirements of this Agreement, Bonneville shall provide a
written report to Ashland identifying the specific nature of the
noncompliance and the Measures affected thereby and withhold further
payment of Implementation Costs claimed by Ashland for such Measures.
(d) Upon receipt of the report specified in subsection 13(c), Ashland shall not
submit additional invoices for Implementation Costs for the Measures
identified in the report.
(e) Ashland shall take action to bring the Project into substantial compliance
with the environmental, technical and/or record-keeping requirements of this
Agreement within thirty (30) days and shall notify Bonneville when
corrective action has been completed.
(f) If Ashland has not brought the Project into substantial compliance as
provided for in subsection 13(e), then Bonneville may either:
01ES-10379, City of Ashland 8
0
(1) continue to withhold payment of Implement Costs until such time as
Bonneville and Ashland agree that the Project is in substantial
compliance with the environmental, technical and/or
recording-keeping requirements of this Agreement; or
(2) terminate this Agreement in accordance with section 14.
(g) If Bonneville continues to withhold further payment of Implementation Costs
pursuant to subsection 13(c), Bonneville shall not accept and make payment
for any Energy Savings from the Measures or Completed Units which are not
in substantial compliance with the environmental, technical, and/or
record-keeping requirements of this Agreement.
(h) After a suspension imposed under section 13(a) or 13(b) has been lifted or an
event of noncompliance under section 13(c) has been corrected, Bonneville
shall pay for all claims that are in substantial compliance with this
Agreement. including claims for work performed during the previous
suspension period, except that for environmental, health, or safety costs
incurred due to noncompliance with Federal, State, or local agency
regulations, Ashland'shall bear the costs of compliance. Bonneville shall also
accept the Energy Savings from the affected Completed Units if a
section 13(a) or (b) suspension is lifted and if Ashland has completed actions
bringing the affected Completed Units into substantial compliance with this
Agreement.
14. TERMINATION
(a) Either Party may terminate this Agreement upon thirty (30) calendar days'
written notice. Ashland shall have one (1) year from the effective date of
termination pursuant to this section to complete Work in Progress, except as
provided in section 3(d), and 14(d) below.
(b) Bonneville may terminate this Agreement by giving Ashland thirty (30) days'
written notice, if Ashland has failed to comply with the following:
(1) the environmental, technical, or record-keeping requirements.
Ashland's commitments to Consumers shall be the responsibility of
Ashland.
(2) for cause upon Ashland's failure to comply with this Agreement,
including use of any portion of the Implementation Budget in a
manner that is inconsistent with this Agreement.
(c) Bonneville may terminate this Agreement by giving Ashland thirty (30) days'
written notice if Ashland:
(1) gives notice to Bonneville that it will stop placing firm load on
-Bonneville pursuant to its existing, amended, or new firm power sales
01ES-10379, City of Ashland 9
contract with Bonneville (for the sale of power and energy to meet all
or a portion of Ashland's firm electrical energy load or electric peaking
requirements) for a period of at least one (1) year;
(2) gives notice to Bonneville of its intent to terminate, or terminates,
such existing or new firm power sales contract with Bonneville; or
(3) if Ashland becomes insolvent, files a petition for bankruptcy or
reorganization, or assigns substantially all assets to creditors and
consequently Bonneville no longer serves Ashland's loads. Ashland's
commitments to Consumers shall be the responsibility of Ashland.
(d) There shall be no period to complete work in progress beyond the effective
date of termination available to Ashland for a termination under
subsection 14(b) and 14(c). Ashland's commitments to Consumers shall be
the responsibility of Ashland.
(e) If this Agreement is terminated in accordance with section 14(c), a
termination charge shall be determined pursuant to this subsection 14(e).
The termination charge shall be based on the ratio of the total Conservation
expected for the life of the Completed Units less the Energy Savings achieved
to the date of termination, compared to the total Conservation expected for
the life of the Completed Units. Ashland shall pay the termination charge
returning payments received from Bonneville for the Conservation not yet
acquired by Bonneville in accordance with the following formula:
R = P*(T-A)/T
Where:
R= Reimbursement to Bonneville;
P= Bonneville payments made to Ashland for Implementation
Costs to the termination date of this Agreement;
A= Total Energy Savings through the date of termination of this
Agreement:
and
T= Total estimated Conservation for the life of all Completed Units
achieved to the date of termination of this Agreement.
The following conditions apply to this charge:
(1) The Energy Savings values for Completed Units shall be consistent
with Exhibit A. Measure life values shall be consistent with the
Bonneville Energy Conservation Guidebook published in
October 1993, or in effect at the time this reimbursement is calculated.
01ES-10379, City of Ashland 10
i ~
(2) Bonneville shall present an invoice to Ashland for payment calculated
pursuant to this section 14(e).
(3) Ashland may reimburse Bonneville by either:
(a) making a lump sum payment within thirty (30) calendar days
of the date of Bonneville's invoice; or
(b) by making no more than 12 consecutive equal monthly
payments, with the first payment and each succeeding payment
due within thirty (30) days of the date of Bonneville's invoice.
(4) If reimbursement is accomplished by installments, interest shall be
charged on the outstanding balance in accordance with average
Bonneville Interest Earning Rate with the United States Treasury.
Interest shall be calculated for the period of time between the date of
the first payment made by Bonneville to Ashland and the date of the
first reimbursement payment made by Ashland to Bonneville for
which reimbursement to Bonneville is being made in accordance with
this section.
15. ENVIRONMENTAL PROVISIONS
(a) Bonneville in the performance of this Agreement shall comply with all of its
obligations pursuant to the National Environmental Policy Act.
(b) The Parties agree to:
(1) comply fully with all applicable Federal, State, and local
environmental laws;
(2) to assist and to cooperate with each other in meeting each other's
environmental obligations, to the fullest extent economically and
technically practical and mutually agreeable; and
(3) provide upon request of the other Party a copy of the pollution
abatement plans as required by the Clean Air Act, by the Clean Water
Act, by other federal statutes, or by an agency having jurisdiction and
within a reasonable time submit evidence that such plans have been
approved or have not been objected to by agencies with jurisdiction.
16. STANDARD PROVISIONS
(a) No oral or written amendment, rescission, waiver, modification, or other
change of this Agreement shall be of any force or effect unless set forth in a
written instrument signed by authorized representatives of each Party.
01ES-10379, City of Ashland 11
•
(b) This Agreement is binding on any successors and assigns of the Parties.
Bonneville may assign this Agreement to another Federal agency to which
Bonneville's statutory duties have been transferred. Neither Party may
otherwise transfer or assign this Agreement, in whole or in part, without the
other Party's written consent. Such consent shall not be unreasonably
withheld. Bonneville shall consider any request for assignment consistent
with applicable Bonneville statutes.
(c) The Parties shall provide each other with any information that is.reasonably
required, and requested by either Party in writing, to operate under and
administer this Agreement. Such information shall be provided in a timely
manner. If such information is subject to a privilege of confidentiality, a
confidentiality agreement or statutory restriction under state or Federal law
on its disclosure by a Party to this Agreement, then that Party shall endeavor
to obtain whatever consents, releases, or agreements are necessary from the
person holding the privilege to provide such information while asserting the
confidentiality over the information. Information provided to Bonneville
which is subject to a privilege of confidentiality or nondisclosure shall be
clearly marked on each appropriate page as such and Bonneville shall not
disclose such information without obtaining the consent of the person or
Party asserting the privilege, consistent with Bonneville's obligation under
the Freedom of Information Act. The Consumer's company name, estimated
and/or actual Energy Savings, and estimated and/or actual Implementation
Costs for Units and Completed Units may not be designated as proprietary
information.
(d) This Agreement, including all provisions, exhibits incorporated as part of this
Agreement, and documents incorporated by reference, constitutes the entire
agreement between the Parties. It supersedes all previous communications,
representations, or contracts, either written or oral, which purport to describe
or embody the subject matter of this Agreement.
(e) The exhibits listed in the table of contents are incorporated into this
Agreement by reference. The exhibits may only be revised upon mutual
agreement between the Parties unless otherwise specified in this Agreement.
The body of this Agreement shall prevail over the exhibits to this Agreement
in the event of a conflict.
(f) The Parties agree that there are no unspecified third party beneficiaries of
this Agreement. Nothing contained in this Agreement is intended to confer
any right or interest to anyone other than the Parties, their respective legal
representative, assigns or successors.
(g) Except as otherwise provided herein or as agree by the Parties, no provision
of this Agreement may be waived except as confirmed in writing. Any waiver
at any time by a Party of its rights with respect to a default under this
Agreement, or any other matter arising in connection therewith, shall not be
DIES-10379, City of Ashland 12
deemed a waiver with respect to any subsequent default or matter. Either
Party may waive any notice or agree to accept a shorter notice that specified
in the Agreement. Such waiver of notice or acceptance of shorter notice by a
Party shall not be considered a wavier with respect to any subsequent notice
required under this Agreement.
(h) If any term of this Agreement is found to be invalid by a court of competent
jurisdiction then such term shall remain in force to the maximum extent
permitted by law. All other terms shall remain in force unless that term is
determined not to be severable from all other provisions of this Agreement by
such court.
(i) This Agreement shall be governed by and interpreted under Federal law.
17. UNCONTROLLABLE FORCE
(a) Any obligation of a Party to perform under this Agreement, except an
obligation to pay amounts due under this Agreement, shall be excused when
such failure to perform is due to an Uncontrollable Force. In the event that
either Party is unable to perform due to an Uncontrollable Force, such Party
shall exercise due diligence to remove such inability with reasonable
dispatch. Nothing in this section shall be construed to require either Party to
settle any strike or labor dispute in which it may be involved.
(b) Each Party shall notify the other in writing as soon as practicable of any
Uncontrollable Force that may impair performance under this Agreement.
Failure to give such notice within a reasonable period shall be deemed a
waiver of such Uncontrollable Force.
(c) Uncontrollable Force is an act or event beyond the reasonable control of a
Party, and which by exercise of due diligence and foresight such Party could
not reasonably have been expected to avoid or remove, which impairs the
ability of the Party to perform and, includes, but is not limited to, failure of or
threat of failure of facilities, flood, earthquake, storm, accident, fire,
lightning, and other natural catastrophes; epidemic, war, labor, or material
shortage, strike or labor dispute, or sabotage; and also includes restraint by
an order of a court of competent jurisdiction or by regulatory authorities
against any action taken or not taken by a Party, after a good faith effort by
the appropriate Party to obtain: (1) relief from such order; or (2) any
necessary authorizations or approvals from any governmental agency or
regulatory authority.
18. LIABILITY
(a) To the extent allowed by the Federal Tort Claims Act, Bonneville agrees to
defend, indemnify, and hold harmless Ashland, its affiliated companies, their
respective boards of directors, officers, employees, agents and
representatives, against and from any and all loss, claims, actions, or suits,
01ES-10379, City of Ashland 13
for or on account of injury, bodily or otherwise to, or death of persons, or for
damage to or destruction of property belonging to Ashland or others,
resulting from Bonneville's negligent acts or omissions or intentional
misconduct in connection with the performance of this Agreement, excepting
that any liability attaching to Bonneville shall be reduced by any proportion
that such injury or harm is caused by negligence or intentional misconduct of
Ashland, its affiliated companies, their respective boards of directors, officers,
employees, agents or representatives.
(b) Ashland agrees to defend, indemnify, and hold harmless Bonneville, its
employees, agents and representatives, against and from any and all loss,
claims, actions, or suits, for or on account of injury, bodily or otherwise to, or
death of persons, or for damage to, or destruction of property belonging to
Bonneville, or others, resulting from Ashland's negligent acts or omissions or
intentional misconduct in connection with the performance of this
Agreement, excepting that any liability attaching to Ashland shall be reduced
by any proportion that such injury or harm is caused by negligence or
intentional misconduct of Bonneville, its employees, agents or
representatives.
(c) No Party ("First Party") shall be liable to the other Party ("Second Party") for
any injury or death to any person, or for any loss or damage to any property,
caused by or arising out of an electric disturbance on the First Party's electric
system, whether or not such electric disturbance resulted from the First
Party's negligent, grossly negligent, or wrongful act or omission.
(d) Bonneville and Ashland assert that neither Party is the agent or principal for
the other, nor are they partners or joint ventures; and the Parties agree that
they shall not represent to any other party that they act in the capacity of
agent or principal for the other.
(e) In no event shall either Party be liable to the other Party hereto for any
special, punitive, exemplary, consequential, incidental, or indirect losses or
damages for any failure of performance howsoever caused, whether or not
arising from a Party's sole, joint, or concurrent negligence.
(f) Ashland agrees that Bonneville has no responsibility for production of Energy
Savings under this Agreement.
(g) Independent contractors contracting with either Party to implement the
provisions of this Agreement shall be required by contract to indemnify and
hold harmless the other Party from all claims, damages, losses, liability, and
expenses arising from breach of contract. statutory and regulatory claims,
and the negligent or other tortious acts or omissions of such independent
contractors, their officers, employees, or agents. Nothing in this Agreement
shall establish, or be construed as establishing, a contractual relationship
between Bonneville and any contractor or subcontractor hired by Ashland to
participate in the Project's implementation.
OlES-10379, City of Ashland 14
19. DISPUTE RESOLUTION
(a) The Parties shall make a good faith effort to negotiate a resolution of
disputes before initiating litigation. During a contract dispute or contract
issue between the Parties arising out of this Agreement, the Parties shall
continue performance under this Agreement pending resolution of the
dispute, unless to do so would be impossible or impracticable. Ashland
reserves the right to seek judicial resolution of any dispute arising under this
Agreement that is not subject to arbitration under this section 19.
(b) Final actions subject to section 9(e) of the Northwest Power Act are not
subject to binding arbitration and shall remain within the exclusive
jurisdiction of the United States Ninth Circuit Court of Appeals. Any dispute
regarding any rights of the Parties under any Bonneville policy, including the
implementation of such policy, shall not be subject to arbitration under this
Agreement. Ashland reserves the right to seek judicial resolution of any
dispute arising under this Agreement that is not subject to arbitration under
this section 19. For purposes of this section 19 Bonneville policy means any
written document adopted by Bonneville as a final action in a decision record
or record of decision that establishes a policy of general application, or makes
a determination under an applicable statute. If either Party asserts that a
dispute is excluded from arbitration under this section 19, either Party may
apply to the Federal court having jurisdiction for an order determining
whether such dispute is subject to arbitration under this section 19.
(c) Any contract dispute or contract issue between the Parties arising out of this
Agreement, except for disputes that are excluded through section 19(a) above,
shall be subject to binding arbitration. The Parties shall make a good faith
effort to resolve such disputes before initiating arbitration proceedings.
During arbitration, the Parties shall continue performance under this
Agreement pending resolution of the dispute, unless to do so would be
impossible or impracticable.
(d) Any arbitration shall take place in Portland, Oregon, unless the Parties agree
otherwise. The CPR Institute for Dispute Resolution's arbitration procedures
for commercial arbitration, Non-Administered Arbitration Rules (CPR Rules),
shall be used for each dispute; provided, however, that: (1) the Parties
shall have the discovery rights provided in the Federal Rules of Civil
Procedure unless the Parties agree otherwise; and (2) for claims of $1 million
or more, each arbitration shall be conducted by a panel of three neutral
arbitrators. The Parties shall select the arbitrators from a list containing the
names of 15 qualified individuals supplied by the CPR Institute for Dispute
Resolution. If the Parties cannot agree upon three arbitrators on the list
within 20 business days, the Parties shall take turns striking names from the
list of proposed arbitrators. The Party initiating the arbitration shall take
the first strike. This process shall be repeated until three arbitrators remain
OlES-10379, City of Ashland 15
on the list, and those individuals shall be designated as the arbitrators. For
disputes involving less than $1 million, a single neutral arbitrator shall be
selected consistent with section 6 of the CPR Rules.
(e) Except for arbitration awards, which declare the rights and duties of the
Parties under this Agreement, the payment of monies shall be the exclusive
remedy available in any arbitration proceeding. Under no circumstances
shall specific performance be an available remedy against Bonneville. The
arbitration award shall be final and binding on both Parties, except that
either Party may seek judicial review based upon any of the grounds referred
to in the Federal Arbitration Act, 9 U.S.C. §1-16 (1988). Judgment upon the
award rendered by the arbitrators may be entered by any court having
jurisdiction thereof.
(f) Each Party shall be responsible for its own costs of arbitration, including
legal fees. The arbitrators may apportion all other costs of arbitration
between the Parties in such manner as they deem reasonable taking into
account the circumstances of the case, the conduct of the Parties during the
proceeding, and the result of the arbitration.
01ES-10379, City of Ashland 16
20. NOTICES
(a) Any notice required under this Agreement shall be in writing and shall be
delivered: (1) in person; (2) by a nationally recognized delivery service; or
(3) by United States Certified Mail. Notices are effective when received.
Either Party may change its address for notices by giving notice of such
change consistent with this section'.
If to Ashland: If to Bonneville:
City of Ashland Bonneville Power Administration
20 East Main P O Box 3621,
Ashland, OR 97520 Portland, OR 97208
Attn: Dick Wanderscheid Attn: Terry Regan PNG-1
Phone: (503) 230-4592
Phone: (541) 488-5306 FAX: (503) 230-3380
21. SIGNATURE CLAUSE
Each Party hereto represents that it has the authority to execute and deliver this
Agreement and that it has been duly authorized to enter into this Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement.
CITY OF ASHLAND UNITED STATES OF AMERICA
Department of Energy
Bonneville Power Administration
By BY
cc unt Executive
Name Dick Wanderscheid
(Print/Type) Name n Lebens
A-&, Title 'Dtrt.+YZ ~ e4mas (PrinUTYPe) 2-
Date ~ej~ O` Date 19 I
01ES-10379, City of Ashland 17
Exhibit A
PROJECT PROPOSALS, ENERGY SAVINGS, AND PROJECT BUDGETS
Ashland agrees that all Energy Savings achieved under this Agreement are incremental to
the conservation savings Ashland has achieved under Bonneville's Conservation and
Renewable Discount Program.
1. Conservation Augmentation Proposal No. 1
(a) Bonneville establishes an Implementation Budget of $150,000 for the term of
this Agreement. Ashland shall invoice Bonneville for Completed Units in the
amounts as described below. Bonneville's payment to Ashland for their
administrative costs shall be included as part of this Implementation Budget.
(b) Residential Sector Conservation Measures
(1) Ashland intends to install the following residential Measures at the
agreed upon assumed savings (kWh) shown below. Bonneville shall
pay Ashland the amount shown below in the payment column for such
Measures actually installed. Ashland shall invoice Bonneville
pursuant to the instructions as described in section 4 of this exhibit.
Ashland may submit a written proposal to Bonneville for the
installation of other types of residential measures not identified below.
Such written proposal shall state the types of Measures Ashland
intends to install and the amount of incentive payments they intend to
offer for such Completed Units. Bonneville will review the proposal,
and, if Bonneville approves such proposal, shall revise this Exhibit A
to include such Measures.
Agreed Upon Assumed
Savings (kWh)
1. Full weatherization single family 2,531 $1,165 ?
2. Window Replacement Single Family 11.56 kWh/sq. ft. $3.50/s q. ft.
3. Performance Tested Comfort Systems
PTCS
a. Manufactured homes ! $5002/
b. Site-Built 11 $50091
4. Bri htwa Solar Water Heaters 2,332 $600
5. Heat Pump Conversion v $1,000
6. Heat Pump Conversion with PTCS v $1,500
if Energy savings values shall be determined from the RTF's latest Appendix L.
2! Bonneville shall the pay the lessor of 35 percent of the actual cost of the Measure or the amount
shown.
1/ To be determined.
(2) Specifications
Installation requirements for all residential measures identified above
shall be based on the specifications as required for each measure as
01ES-10379, City of Ashland 1 of 19
Exhibit A, Project Proposals, Energy Savings and Project Budgets
stated in the Regional Technical Forum's (RTF) Revised Appendix L,
dated June 1, 2001. Further specifications for the individual
residential measures are specified below:
(A) Full Weatherization Single Family
Full weatherization shall consist of at least three individual
measures and infiltration.
Ashland will follow the Bonneville's Weatherization
Specifications contained in the Regional Technical Forum
Guide Recommendations (RTFGR), for residential conservation
measures. Ashland may, if it wishes, adopt any subsequent
Bonneville authorized RTFGR, provided Ashland notifies the
COTR of that intent by letter. Until the RTFGR specifications
include weatherization specifications Ashland may use the
attached Bonneville 2001 Weatherization Specifications.
(B) Windows Single Family
All windows in the home shall be replaced. The windows must
meet Energy Star specifications and the dwelling must have all
other major weatherization measures already installed.
(C) Performance Tested Comfort Systems (PTCS): Work
must meet PTCS Certification or Equivalent
Requirements
Ashland shall require PTCS certified individuals perform tests
on each Project in accordance with PTCS requirements for
testing, sealing, and retesting. In general, each system shall be
pressure tested, and any air leaks sealed in accordance with
PTCS requirements and the system pressure tested to ensure
the leaks are sealed, Ashland shall require all materials and
workmanship be warranted.
(D) Brightway Solar Hot Water Heaters
The solar residential hot water heaters must be designed,
installed, and inspected per Eugene Water and Electric Board's
(EWEB) Solar Water Heater Program specification.
(E) Heat Pumps
(i) General Heat Pump Equipment Standards And
Requirements For Site Built Structures
(1) Equipment
All equipment shall be listed in the Air
Conditioning and Refrigeration Institute (ARI)
Directory and manufactured by company(s)
appearing in said directory. Only appropriately
01ES-10379, City of Ashland 2 of 19
Exhibit A, Project Proposals, Energy Savings, and Project Budgets
matched equipment shall be used. Units shall be
listed by Underwriters' Laboratories.
(II) Ratings
Heat pump equipment shall meet the
performance, safety, and rating requirements as
given in the latest revision of ARI Standard 240.
(III) Protective Devices
Reciprocating compressors shall be provided with
a crankcase heater and a liquid-line dryer.
Compressor motor start-assist kits shall be
installed when recommended by the
manufacturer. The Compressor shall be
protected form abnormal operating pressures
and temperatures, and loss of refrigerant by
suitable pressure and temperature overload
devices. To prevent flood back of liquid
refrigerant to the compressor, a suction line
accumulator should be installed.
(IV) Warranty
Heat pump equipment shall be warranted by the
manufacturer against defects in material and
workmanship for a minimum of one year from
the date of start-up of the equipment. In
addition, the compressor shall be warranted by
the manufacturer against defects in material and
workmanship for a minimum of five years from
the date of start-up.
(V) Supply Fan
All heat pump systems shall be equipped with a
three (3) speed fan.
(VI) Air Flow
The indoor fan and duct systems shall be sized to
meet the air flow requirements of the heat pump
equipment
(ii) Specific Heat Pump System Requirements
(I) Air Source Heat Pumps Performance
It is recommended that the highest efficiency
equipment available be used. The HSPF rating
for a split system shall be 8.00 BTUh/watt or
greater. The HSPF rating for a package system
shall be 8.0 BTUh/watt or greater, as certified by
ARI.
01ES-10379, City of Ashland 3 of 19
Exhibit A, Project Proposals, Energy Savings, and Project Budgets
(II) Gas Backup Heat Pumps
(aa) The gas auxiliary heat shall be sized to
provide no more that 100 percent of the
design heating load.
(bb) Heat pumps with backup gas furnaces
shall meet one of the following minimum
efficiencies:
(AA) 8.0 HSPF with 90 percent AFUE
gas furnace.
(BB) 8.0 HSPF with 80 percent AFUE
gas furnace.
(cc) All gas backup heat pumps shall have an
outdoor thermostat. The outdoor
thermostat shall be set no higher that
35°F so that the gas furnace will not
operate in the heating mode when the
outdoor temperature is above 35°F. The
heat pump and gas furnace shall not
operate simultaneously, except in the
defrost mode.
(dd) The indoor coil of the heat pump shall
always be installed down stream of the
heat exchanger for the gas furnace.
Condensate form indoor coil shall not be
allowed to drip onto the gas furnace's heat
exchanger.
(III) Ground Source Heat Pumps
The proposed ground source equipment must
have a Coefficient of Performance (COP) of 3.0 at
50 F entering water temperature.
(iii) Equipment Installation
The consumer shall be responsible for disclosure to the
contractor and Ashland any known past or present
standing water conditions noted under the dwelling.
The customers responsible for installation of a sump
pump, OR suitable trenching, OR any other method(s)
necessary to property drain the crawl space.
Completion of this (these) measure(s) shall be made
prior to installation, repair or replacement of any
equipment that are located in the crawl space.
01ES-10379, City of Ashland 4 of 19
Exhibit A, Project Proposals, Energy Savings, and Project Budgets
(I) Access
Equipment shall be located to allow easy service
access and adequate working space for servicing
without removal of piping, ductwork, or other
permanently installed fixtures. Special care
shall be taken in locating components which
require frequent attention, such as filters.
(II) Location and Support of Indoor Units
Equipment shall be installed according to State
and local building codes. Indoor units shall be
located to permit smooth duct transition and
shall be adequately supported or placed on a
suitable platform in accordance with
manufacturer's instructions and
recommendations. Attic and underfloor
installations shall be noted in original proposal.
If the indoor unit is lower that the floor drain or
dry well a condensate pump shall be installed.
Automatic controls to shut down the system in
case of pump failure shall be installed. A back
flow prevention device shall be installed if the
pump is not equipped with one.
(III) Location and Support of Outdoor Units
All equipment shall be installed according to
State and local building codes. Outdoor units
shall be located to avoid restriction in the
outdoor airstream. Units shall be mounted on an
adequate, solid, secure pad which provides
proper drainage and prevents a buildup of water
and ice. In all installations there shall be a
minimum of three inches of free and clear area
under the outdoor drainage area. Condensate
shall not drain onto areas where ice formation
may create a hazard (e.g. walkways).
Condensate drain lines shall be pitched to
prevent backup and overflow of water in the
drain pan.
(iv) Ducting System and Sizing Standards
(I) Metal, Flez, and Fiber Board plenums are all
acceptable materials, provided they are properly
designed, sealed, and installed.
(II) All ducting shall meet manufactures
requirements and be properly sized using a
standardized system to provide the airflow that
01ES-10379, City of Ashland 5 of 19
Exhibit A, Project Proposals, Energy Savings, and Project Budgets
is needed to meet the calculated heating and
cooling loads for each space.
(III) Multi-level homes or homes exceeding
1,800 square feet of gross living area shall have a
minimum of two (2) returns. (When appropriate,
return ducts should be positioned higher in
relation to the supply ducks.)
(IV) All duct joints shall be mechanically fastened.
(V) Hangers shall hold ducting as straight as
possible limiting restriction of airflow and
supported off ground whenever possible.
(VI) All boots shall be mechanically fastened to the
sub-floor.
(VII) Duct insulation shall be installed without
excessive compression, using non-corrosive and
rot proof materials.
(VIII) Air Velocity (FPM) Guidelines
Air velocity guidelines listed below should be
used in the design of the duct system.
Air Velocity (FPM) Guidelines
Supply Side Return Side
Rigid Flex Rigid Flex
Main Trunk Plenum 700 600 600 600
Branch Ducts 600 600 400 400
Supply Outlet Face Velocity 500
Return Grille Face Velocity 400
Return Grille Face Velocity 300
(IX) Proper diffusers and registers shall be selected
and installed in the proper locations.
(X) All metal connections must be sealed using RCD
No. 6 Mastic or Air Seal No. 33 Mastic (or other
mastic material meeting the same material
standards). Connections include, but are not
limited to: butterfly joints, boots, gores, branch
connections, or plenum joints.
DIES-10379, City of Ashland 6 of 19
Exhibit A, Project Proposals, Energy Savings, and Project Budgets
(XI) All boots shall be sealed to the sub-floor
connection.
(XII) No duct tape shall be used in the installation of
ANY equipment.
(XIII) Blower door testing will be random after the first
five (5) successful installs by any on installer.
(Purpose: quality control and to offer feedback to
the installer). Ashland will provide this
diagnostic service at no charge to the customer or
installer.
(IX) Building cavities shall not be used as supply or
return plenums.
(v) Retrofits
Retrofit shall be defined as modification of the existing
ducted heating system.
(I) Heat pump equipment must meet the equipment
standards previously referred to under Heat
Pump Equipment Standards.
(II) If blower door diagnostic test indicated the duct
system needs sealing, duct sealing shall be
reimbursed under current weatherization
payment structures.
(III) To provide adequate air flow, the installer must
verify that the existing air handler and heat
strips are compatible with the new heat pump
system (refer to section 2(f)).
(VI) Supplemental Heat Pump System
Requirements
Sections 7(a) through 7(d) are to be considered
for manufactured home installations. These
requirements are to be considered in combination
with ALL other requirements and standards
herein noted.
(aa) A fan kit shall be required that matches
the heat pump outdoor unit.
(bb) No blower door testing will be required for
duct analysis.
(cc) For manufactured homes that are
considered "heat pump ready," all
01ES-10379, City of Ashland 7 of 19
Exhibit A, Project Proposals, Energy Savings, and Project Budgets
•
equipment must be matched and meet
ARI standards.
(dd) The cross-over duct shall be properly
sized, free of damage, properly supported,
fastened in a secure manner, and not
restrict air flow.
(vi) Insulation
(I) Flex ducting shall be a minimum of R-8.
(11) Metal ducting shall be properly wrapped with a.
minimum R-8 material or higher.
(III) Fiber board plenums shall be wrapped to achieve
a minimum or R-11.
(vu) Inspections
(1) An in-progress inspection shall be performed for
duct sealing. Twenty-four (24) hour notice shall
be given. (Ashland will be available for site
assistance for those unfamiliar with mastic
procedures.)
(II) Blower door testing will remain available to all
customers and installers upon their request.
Ashland will provide this diagnostic service at no
charge to the customer or installer.
(viii) Indoor Thermostats
An operational 24 hr/7 day programmable thermostat
shall be installed in accordance with manufacturers
specifications. Product literature and operating
instructions shall be provided to the customer.
(I) Installation
Indoor thermostats shall be located and installed
according to the manufacturer's instructions and
recommendations.
(II) Heating and Cooling
Indoor thermostats shall have the capability to
operate both the heating and cooling cycles. The
thermostat shall have a manual changeover
feature or heating/cooling lockout to prevent
cross-cycling. Heat pumps with supplemental
heat strips shall have a two (2) stage thermostat.
OIES-10379, City of Ashland 8 of 19
Exhibit A, Project Proposals, Energy Savings, and Project Budgets
(III) Emergency Heat Relay
All indoor thermostats shall include a manual
selector switch to permit all supplemental
heaters, to the furnace, to be energized under
control of the indoor thermostat (with the
compressor and outdoor thermostats by passed)
when the system is operating on emergency heat.
(ix) Air Volume
After installation and start-up, the contractor shall
prepare a report documenting the total airflow across
the heat pump coil, recorded at the air handler. This,
along with the temperature difference across the coils
and outdoor ambient air temperature at the outdoor
coil, should be reported to the customer, included on the
Heat Pump Start-Up Checklist, and submitted to
Ashland.
(x) Filters
Air filters shall be installed in the return air system in a
location that will be easily accessible to the user for
filter servicing in a position where all return air and
outside air will pass through the filters before crossing
the indoor coil. Filter types and sizes shall meet the
standard manufacturer's instructions and
recommendations. The filter media shall have an
average efficiency of not less than 30 percent on
ASHRAE 52-76-test standard.
(c) Invoicing and Payment
Ashland shall invoice Bonneville on a quarterly basis (once every three
months) for Completed Units. Payment shall be made based on the
provisions of section 8 "Invoicing and Payment" in the body of this
Agreement. Ashland shall include a separate line item as part of their
invoice for their administrative costs to install the conservation measures
under this Agreement. Ashland's administrative costs shall be 10 percent of
the amount it invoices Bonneville for Completed Units.
2. Conservation Augmentation Proposal No. 2
(a) Commercial Lighting Limited Standard Offer
This LSO provides rebates for retrofits of lighting in commercial buildings.
The Measures eligible for payment under this LSO include only those listed
in the Verification Report. In addition, a 25 percent watt reduction for each
Project is required to receive the rebate. Ashland shall ensure that all
materials, including PCB ballasts, are disposed of in accordance with current
environmental laws.
Ashland shall implement a commercial sector lighting retrofit program
designed to install the Measures listed in the Verification Report below.
01ES-10379, City of Ashland 9 of 19
Exhibit A, Project Proposals, Energy Savings, and Project Budgets
•
Ashland may implement the program using Ashland's staff or contractors to
provide the services necessary to install the Measures.
Ashland shall provide a work plan to Bonneville which includes: (1) a brief
description of Ashland's program; (2) method for determining eligible
buildings; and (3) qualifications required for auditors, installers and
inspectors.
Bonneville shall review this work plan and upon acceptance, send written
notification to proceed.
(b) Implementation Period
This LSO is available from the Execution Date of the Agreement, or
amendment through September 30, 2003. This may be extended by
modification of this LSO.
(c) Energy Savings Verification
Ashland shall inspect all installations to ensure Measures are installed
correctly and the Measures meet the specifications listed in Section F of this
LSO. Ashland shall complete and sign the Verification Report and attach the
Wattage Reduction Summary Sheet, or equivalent, for each Project and
submit it with the invoice as described in section D below. Ashland shall
retain all supporting documents for each Project that include, but are not
limited to, purchase orders, subcontractor invoices, preproject estimates, or
other related Project documents. Bonneville may review these records as
provided for in this Agreement.
(1) Bonneville Payment and Invoicing Requirements
Bonneville shall provide $200,000 for implementation of this proposal.
Ashland may invoice Bonneville up to this total Implementation
Budget for this LSO through September 30, 2003. If Ashland expends
this Implementation Budget amount prior to September 30, 2003,
Ashland may request additional Implementation Budget. Bonneville
will review the request and may add additional funds to the
Implementation Budget by modification to this Agreement.
Ashland may invoice Bonneville when Projects are complete, but no
more often than once a month. Bonneville shall review and upon
acceptance pay the reimbursements for measures installed. Ashland
shall, if requested by Bonneville, arrange for an on-site inspection by
Bonneville of the Measures installed.
(2) Program Requirements
(A) The facility shall be non-residential and served by Ashland.
(B) The rebate shall not exceed 100 percent of the actual total cost.
01ES-10379, City of Ashland 10 of 19
Exhibit A, Project Proposals, Energy Savings, and Project Budgets
(C) All retrofit Projects must reduce the connected lighting wattage
by 25 percent.
(D) Rebates are available for existing facilities only.
(E) Specify Energy Star labeling if available.
(3) Specifications for Installation
(A) Electronic Ballasts for Full Size Fluorescent Lamps
(i) Listing
The ballast must be listed on the most current Lighting
Design Lab Specification Committee's Electronic Ballast
List for Full Size Fluorescent Lamps.
(ii) General
All electronic ballasts shall meet the requirements of
U.L. 935 and shall bear the appropriate U.L. label.
(iii) Warranty
The electronic ballast shall be warranted against defects
in material and workmanship for three years. The
warranty shall include either a $10 replacement labor
allowance or complete replacement including labor by
an agent of the manufacturer.
(iv) Mechanical Characteristics
Electronic ballasts shall have the same physical
dimensions and mounting arrangements as those of
their core and coil counterparts.
(v) Electrical Characteristics
The electronic ballast shall withstand input power line
transients as defined in ANSI C62.41. The ballast shall
tolerate a line voltage variation of 10 percent.
(vi) The power factor shall be 95 percent or higher. The
lamp crest factor shall measure 1.7 or less for rapid
start ballasts and 1.85 or less for instant start ballasts.
(vii) Total harmonic distortion of the input current to the
electronic ballast shall not exceed 20 percent of the
input current.
(viii) The electronic ballast shall be Class "A" sound rated
and UL Class "P" thermally protected.
DIES-10379, City of Ashland 11 of 19
Exhibit A, Project Proposals, Energy Savings, and Project Budgets
(ix) The electronic ballast shall comply with FCC rules and
regulations Part 18 concerning the generation of both
EMI (electromagnetic interference) and RFI (radio
frequency interference).
(x) Electronic ballasts shall operate the lamp at a frequency
of 20 khz or greater.
(xi) The ballasts shall start and operate standard lamps at
50 °F and energy savings lamps at 60 °F. Ballast case
temperature shall not exceed 25 °C rise above a 40 °C
ambient temperature.
(xii) The ballast shall be provided with an internal fuse to
protect the electrical power supply from internal
component failure. The ballast shall also be short-
circuit protected in the event of miswiring.
(B) Compact Fluorescent Low Wattage Fluorescent Ballasts
This specification applies to magnetic and electronic ballasts of
either integral or modular configuration operating 5 to 30 watt
fluorescent lamps, regardless of shape or number of driven
lamps. This specification does not apply to ballasts operating
fluorescent lamps 2' and longer.
(i) • Listing
The ballast must be listed on the most current Lighting
Design Lab Specification Committee's Electronic Ballast
List for Low Wattage Fluorescent Lamps.
(ii) All ballasts shall comply with Underwriters Laboratory
(U.L.) requirements and shall bear the appropriate
labels.
(iii) The power factor for all ballasts shall be 90 percent or
higher.
(iv) Total harmonic distortion (THD) of the input current
shall not exceed 33 percent of the fundamental 6011z.
current.
(v) Electronic Ballasts shall comply with FCC rules and
regulations Part 18, concerning Electromagnetic and
Radio Frequency Interference (EMI and RFI)
(vi) Electronic ballasts covered by this specification shall
withstand input power line transients as defined in
ANSI C62.41.
01ES-10379, City of Ashland 12 of 19
Exhibit A, Project Proposals, Energy Savings, and Project Budgets
(vii) All equipment covered by the specification shall be
Class "P" thermally protected where required by Code.
(viii) For all modular ballasts, the lamp current crest factor
(ratio of peak current to RMS current of the modulated
waveform) shall not exceed 1.7 for rapid start ballasts or
1.85 for instant start ballasts.
(ix) The ballast shall be capable of starting the designated
lamp at the minimum temperature established by the
lamp manufacturer. Integral units shall state minimum
starting temperature.
(x) All ballasts shall be Class "A' sound rated.
(C) Full Size Fluorescent Lamps
(i) Lamps shall be 1" in diameter T8.
(ii) Lamps shall have Rare Earth phosphor coating and
have a minimum CRI of 80.
(D) Fluorescent Luminaries
Components or luminaries shall be U.L. listed or classified.
(E) Compact Fluorescent Lamps
Lamps shall have Rare Earth phosphor coating having a
minimum CRI of 80.
(F) Screw-in Compact Fluorescent
(i) Total harmonic distortion (THD) of the input current
shall not exceed 33 percent of the fundamental 60 Hz.
current.
(ii) Lamps shall meet Energy Star requirements. No
equivalents allowed.
(G) Compact Fluorescent Fixtures
(i) Components or luminaries shall be U.L. listed or
classified.
(ii) Recessed downlights shall have a reflector specifically
designed for the lamps.
(iii) Recessed downlights shall be vented to provide
convective cooling to the lamp.
01ES•10379, City of Ashland 13 of 19
Exhibit A, Project Proposals, Energy Savings, and Project Budgets
•
(II) HID Lighting
Luminaries and retrofit kits shall be U.L. listed or classified
per specific application, (e.g., exterior luminaries to carry a
U.L. wet or damp label designation).
(I) Occupancy Sensors
(i) Occupancy sensors shall be U.L. listed or classified.
(ii) Controlled luminaire wattage shall not exceed
occupancy sensor electrical load capacity.
(iii) Occupancy sensors shall be provided with manual
sensitivity adjustment or and an adjustable or fixed
time delay during which controlled luminaries remain
on after the space is vacated. Fixed time delay shall be
at least 30 seconds and no more than 20 minutes.
(iv) Occupancy sensors shall be provided with a minimum
3 year manufacturer warranty.
(J) Daylighting Controls
(i) Electronic ballasts shall control the light output of the
lamps continuously between 25 percent and 100 percent
of full light output.
(ii) Electronic ballast shall meet all other Fluorescent
Ballast Specifications.
(I) Programmable Thermostats
(i) Programmable thermostat shall have deadband and
7-day setback capabilities; heat pump thermostats shall
also have optimal start and emergency heat lockout
features.
(ii) Programmable thermostats shall include a switch to
manually activate the fan. The fan shall run
continuously when this switch is on. The fan shall run
only when the thermostat calls for heating or cooling
when this switch is off.
(iii) Programmable thermostats shall be provided with a
battery back up.
01ES-10379, City of Ashland 14 of 19
Exhibit A, Project Proposals, Energy Savings, and Project Budgets
Verification Report
Modifications to Existing Fixtures Item Installed
Rebate uantity Total Rebate
Existing Fluorescent Fixtures, with magnetic ballasts;
And T12 lamps. Tor less, change to:
T8 lamps and electronic ballasts with: $30
2 to 4 lamps
1 lamp $15
and T12 slimline lamps. 5' to 8', change to:
T8 lamps and electronic ballasts with: $40
2 to 4 lamps
Ilamp $20
and T12 HO or VHO lamps. 5' to 8', change to:
T8 lamps and electronic ballasts with: $50
2 to 4 lamps
1lamp $40
Existing Incandescent Fixture, change to:
Compact Fluorescent, hard wired, $30
replaceable lamp
Screw-in Compact Fluor., locking base, $15
replaceable lamp
Screw in compact fluorescent $7
Existing Exit Sign, over 17 watts, change to:
Less than 5 Watts (LED) $35
Item Installed
Rebate Quantity Total Rebate
rFluorescent Fixtures, 4'or less with Elect. Ballasts and T 8lamps
r 4 lamps $30
p $15
Fluorescent Fixture, over 4' with Elect. Ballasts and T8 Lam s
2, 3, or 4 lamps $40
l lamp $20
Compact Fluorescent Fixtures, Hard Wired
5 - 17 watts nominal $35
Greater than 17 watts nominal; $45
Exit Signs
Less than 5 Watts (LED) $30
High Pressure Sodium or Metal Halide Fixtures
100 W or less $70
101 W - 399 W $120
400 W or greater $200
01ES-10379, City of Ashland 15 of 19
Exhibit A, Project Proposals, Energy Savings, and Project Budgets
Item Installed
Rebate uantit Total Rebate
Occupancy sensors
Wall-switch mount: 100 to 300 W $20
over 300 W $35
Ceiling or high wall mount, over $45
300 W
Programmable Setback. Thermostat (with optimal start and emergency heat
lockout)
For HVAC systems with electric $50
resistance heat or Heat Pumps
Total
Building Name and
Address:
Total Cost: $ kWh Savings: percent Watt
Reduction
0 Watt Reduction Achieved 0 All Equipment Meets Minimum
Equipment Specifications
0 The Rebate Items listed above have been installed and are operational
Inspected and Approved by: Date:
01ES-10379, City of Ashland 16 of 19
Exhibit A, Project Proposals, Energy Savings, and Project Budgets
c o
y v y
ai E
o
d
~ y o
U
d
x
U
y
y U
~ O
~ a
~ v
en a
w ~
d
c
w
c
d a
a
m w p. o ~
y ~ ~ A
E o W
• 0
3. Conservation Augmentation Proposal No. 3
(a) Project Submission Process
(1) Ashland shall implement a commercial and/or industrial sector energy
conservation Program. Ashland shall follow the procedures and
requirements described below to receive payment from Bonneville for
Energy Savings delivered under this Agreement.
(2) Ashland shall submit Project summaries to Bonneville. Ashland shall
include in this Project Summary: a description of the Project; the
timeline to complete the Project: the expected annual Energy Savings;
the methodology for determining Energy Savings (including
assumptions used for calculating Energy Savings); the estimated total
project cost; and the total expected cost to Bonneville. The Ashland
shall include a plan for measuring and verifying the energy savings.
The Plan shall include a description of how the energy use will be
measured or calculated for both before and after the project.
Bonneville shall, upon completion of a review of the Project Summary,
provide written notice either accepting, return for modification or
rejecting the Project. The Parties agree that Bonneville's written
acceptance of the Project unilaterally amends the Project into this
Exhibit A.
(3) Bonneville shall make available to Ashland an Implementation
Budget of $500,000 for this Program. For each Project accepted by
Bonneville, the Implementation Budget available for this Program
shall be allocated to the accepted Project. Ashland may continue to
submit Project Summaries until the Implementation Budget is
allocated.
(4) Ashland shall, upon completion of the Project, provide to Bonneville,
along with the invoice, a Completion Report that includes, but is not
limited to, the actual Energy Savings (including the assumptions and
formulas used), the actual total Project costs, any changes in
equipment' installation, or operations from what was described in the
pre-Project report and other information relevant to the Project
installation.
(b) Delivery Schedule
Ashland may begin implementation of this Program upon execution of this
Agreement and may implement this Program through September 30, 2003.
(c) Estimated Energy Savings
(1) The Energy Savings methodology for each Project shall be described in
the Project Summary. The actual Energy Savings for each Project as
shown in the Completion Report shall be the basis for the payment
from Bonneville.
01 ES-10379, City of Ashland 18 of 19
Exhibit A, Project Proposals, Energy Savings and Project Budgets
(2) Bonneville may request and the Ashland shall make arrangements for
site visits to approve the Project Summary or as part of Bonneville's
receipt and acceptance of the Completion Report.
(d) Bonneville Payment
(1) For each completed Project accepted by Bonneville in the Completion
Report, Bonneville shall reimburse Ashland the lessor of $0.18 per
actual first year kWh saved or 80 percent of the project cost. The
reimbursement paid for Energy Savings by Bonneville shall be paid to
the Consumer. For each completed Project accepted by Bonneville in
the Completion Report, Bonneville shall pay the Ashland 15 percent of
the total Project cost for the Ashland's administrative costs. The total
amount paid by Bonneville to Ashland for administrative costs under
this Agreement shall be limited to 15% percent of the total
Implementation Budget amount. For any Project, the Ashland may, if
agreed to by Bonneville, request Bonneville's assistance in exchange
for part of or all of this administrative payment.
(2) Bonneville shall upon receipt and acceptance of the Completion
Report, pay Ashland in accordance with this Agreement.
(e) Eligibility Requirements
(1) Projects with simple energy paybacks of one-year or less shall not be
eligible for reimbursement from Bonneville under this Program.
(2) The Project must contribute to a reduction of the amount purchased
from Bonneville under its Power Sales Contract.
(3) Only commercially available Measures shall be eligible for
reimbursement by Bonneville.
(4) All non-residential facilities are eligible for participation in this
Program.
(5) Bonneville will not pay reimbursements under this Program for
Measures that have been paid for under another Bonneville.
(6) Bonneville shall not pay for any Project where the equipment to be
installed has already ready been purchased.
(7) Equipment that has been retired in place is ineligible unless it is
under renovation for installation in a new or expanding Facility and if
an acceptable baseline for determining Energy Savings can be
established.
OI ES-10379, City of Ashland 19 of 19
Exhibit A, Project Proposals, Energy Savings and Project Budgets