HomeMy WebLinkAbout1984-063 Amendatory Agrmt #1, 3-12 - BPA Weatherization (AUTHENTICATED COPY)
Amendatory Agreement No. 1 to
Contract No. DE-MS79-83BP91413
• 10/21/83
AMENDATORY AGREEMENT
executed by the
UNITED STATES OF AMERICA
DEPARTMENT OF ENERGY
acting by and through the
BONNEVILLE POWER ADMINISTRATION
and
THE CITY OF ASHLAND
_ i9ay
This AMENDATORY AGREEMENT, executed 1983; by the
UNITED STATES OF AMERICA, Department of Energy, acting by and through the
BONNEVILLE POWER ADMINISTRATION (Bonneville); THE CITY OF ASHLAND
(Contractor) , a municipal corporation of the State of Oregon,
W I T N E S S E T H
WHEREAS the parties hereto, on p2, a3 19a , executed a Residential
Weatherization Agreement (Contract No. DE-MS79-83BP91413) , and whereas the
parties desire to amend such agreement to replace in its entirety page 52 of
section i of Exhibit F (Weatherization Specifications) ;
•
<i
NOW, THEREFORE, the parties hereto mutually agree as follows:
• 1 . Effective Date of Agreement. Upon execution by the second party,
the effective date of this amendatory agreement shall be the effective date of
such Residential Weatherization Agreement.
2. Amendment of Residential Weatherization Agreement. The Residential
Weatherization Agreement is hereby amended by deleting and replacing page 52
of section 1 of Exhibit F (Weatherization Specifications) dated 7/83 by the
attached page 52 of section 1 of Exhibit F (Weatherization Specifications)
dated 11/83.
IN WITNESS WHEREOF, the parties hereto have executed this amendatory
agreement.
UNITED STATES OF AMERICA
Department of Energy
•
By /s/ Steve G. Hickok
Assistant Administrator
for Conservation
THE CITY OF ASHLAND
By /s/ L. Gordon Medaris
Title Mayor
Date 2-9-84
ATTEST:
By /s/ Nan E. Franklin
Title Citv Recorder
• Date 2-g-SA
(WP-PKI-2012c)
2
Page 52, 11/83
111 . 310 caulking are installed--the multiplier is .0040 + .0010 = .0050) .
• (con't) Since weatherstripping does not reduce further the air infiltration
rate of the Residence where installed with storm windows, the
weatherstripping multiplier is excluded in any calculation for this
combination (e.g. , where storm windows and window weatherstripping
are installed, use the multiplier for storm windows or .004;
however, if storm windows and door weatherstripping are installed,
sum the multiplier as before--.004 + .0006 = .0046). Except for
special circumstances, the ventilation rate shall not exceed
150 percent of the value calculated.
.320 The use of more than one heat exchanger is acceptable, and for
obtaining large ventilation rates is more desirable.
.330 For Residences which have three or more floors within the
conditioned space, either two separate window or wall heat
exchangers located on different floors or a single heat exchanger
equipped with ducts leading to each floor for air intake and
discharge shall be required.
.340 For Residences which have conditioned single floor areas of greater
than 1600 square feet, either two separate window or wall heat
exchangers located in separate areas or a single heat exchanger
equipped with ducts leading to separate locations for all intake
and discharge shall be required.
• 111 .400 PRODUCT PROVISIONS
.405 Because many styles of products may be acceptable for use under
this specification, it is difficult to identify specific
requirements covering the full range of product types. However,
some very basic requirements common to the majority of products
available were identified and are listed below.
.410 The heat exchanger shall be designed with an air flow path which is
either crossflow (i.e. , airstreams flow at right angles to each
other) or counterflow (i .e. , airstreams flow in opposite
directions). The heat exchanger shall not have a concurrent (i .e. ,
both airstreams flow in the same direction) air flow path.
The heat exchanger shall not be capable of transferring water vapor
or moisture between the two airstreams (i.e. , the heat exchanger
shall be made of water impermeable material ) if installed in
Residences with urea formaldehyde foam insulation or in Mobile
Homes.
.415 The product shall have a particulate filter for both airstreams
located upstream of the heat exchanger. Such filters shall be able
to be replaced or cleaned on a periodic basis.
. .420 Any portion of the heat exchanger exposed to the outside
environment shall be resistant to degradation from weather.
W (AUTHENTICATED COPY)
Amendatory Agreement No. 3 to
• Contract No. DE-MS79-839P91413
4/1/84
AMENDATORY AGREEMENT
executed by the
UNITED STATES OF AMERICA
DEPARTMENT OF ENERGY
acting by and through the
BONNEVILLE POWER ADMINISTRATION
and
THE CITY OF ASHLAND
This AMENDATORY AGREEMENT, executed �/ �� , /� ��/ ��/ by the
• UNITED STATES OF AMERICA, Department of Energy, acting by and through the
Bonneville Power Administration (Bonneville) , and THE CITY OF ASHLAND
(Contractor) , a municipal corporation of the State of Oregon,
WITNESSETH :
WHEREAS Bonneville has issued an Amendatory Residential Weatherization
Program Conservation Agreement, (Contract No. OE-MS79-83BP91413, which is
hereinafter called the "Agreement") ; and
WHEREAS the parties, in accordance with sections 4 and 5 of Exhibit A to
that Agreement, desire to amend the body of the Agreement to reflect changes
contained herein;
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. Effective Date of Agreement. Upon execution by the Contractor, the
effective date of this amendatory agreement shall be 2400 hours on
• September 14, 1984.
2. Amendment of the Amendatory Residential Weatherization Program
Conservation Agreement. The definition of Installer as contained in
section 1 of the body of the Agreement is hereby deleted and replaced with the
following definition:
"1 . Definitions.
(h) "Installer" means an individual , partnership, corporation , or
other entity, other than the Contractor, which installs Measures and
carries liability insurance and assurance bonding for all work performed.
With the concurrence of the Contractor the Installer may substitute an
irrevocable trust fund, controlled by the Contractor, for the required
assurance bond. Except for nonprofit entities, all installers must
possess either a State contractor' s or similar license."
IN WITNESS WHEREOF, the parties hereto have executed this amendatory
. agreement.
UNITED STATES OF AMERICA
Department of Energy
By /s/ Steve G. Hickok
Assistant Administrator
for Conservation
THE CITY OF ASHLAND
By /s/ L. Gordon Medaris
Title Mayor
Date 6/20/84
ATTEST:
By /s/ Nan E. Franklin
Title City Recorder
• Date 6/20/84
(WP-PKI-2128c)
2
R
(AUTHENTICATED COPY)
• Amendatory Agreement No. 4 to
Contract No. DE-MS79-83BP91413
4/1/84
AMENDATORY AGREEMENT
executed by the
UNITED STATES OF AMERICA
DEPARTMENT OF ENERGY
acting by and through the
BONNEVILLE POWER ADMINISTRATION
and
THE CITY OF ASHLAND
This AMENDATORY AGREEMENT, executed 4 - c , by the
• UNITED STATES OF AMERICA, Department of Energy, acting by and through the
Bonneville Power Administration (Bonneville) , and THE CITY OF ASHLAND
(Contractor) , a municipal corporation of the State of Oregon,
W I T N E S S E T H :
WHEREAS Bonneville has issued an Amendatory Residential Weatherization
Program Conservation Agreement, (Contract No. DE-MS79-83BP91413, which is
hereinafter called the "Agreement"); and
WHEREAS the parties, in accordance with sections 4 and 5 of Exhibit A to
that Agreement, desire to amend the body of the Agreement to reflect changes
contained herein;
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. Effective Date of Agreement. Upon execution by the Contractor, the
effective date of this amendatory agreement shall be 2400 hours on
• September 14, 1984.
• 2. Amendment of the Amendatory Residential Weatherization Program
Conservation Agreement. Section 7 of the body of the Agreement is hereby
amended to include the following subsection:
"7. Amendment of Agreement.
( ) Notwithstanding the provisions of section 4(f) of Exhibit A, the
Contractor may select as an effective date, for an amendment, the first
day of a calendar month within the 4 calendar month period specified in
section 4(f) of Exhibit A."
IN WITNESS WHEREOF, the parties hereto have executed this amendatory
agreement.
UNITED STATES OF AMERICA
Department of Energy
By /s/ Steve G. Hickok
Assistant Administrator
• for Conservation
THE CITY OF ASHLAND
By /s/ L. Gordon Medaris
Title Mayor
Date 6/20/84
ATTEST:
By /s/ Nan E. Franklin
Title City Recorder
Date 6/20/84
(WP-PKI-2129c)
2
(AUTHENTICATED COPY)
• Amendatory Agreement No. 5 to
Contract No. DE-MS79-83BP91413
4/1/84
AMENDATORY AGREEMENT
executed by the
UNITED STATES OF AMERICA
DEPARTMENT OF ENERGY
acting by and through the
BONNEVILLE POWER ADMINISTRATION
and
THE CITY OF ASHLAND
This AMENDATORY AGREEMENT, executed �� � ' � �� by the
. UNITED STATES OF AMERICA, Department of Energy, acting by and through the
Bonneville Power Administration (Bonneville) , and THE CITY OF ASHLAND
(Contractor) , a municipal corporation of the State of Oregon,
WITNESSETH :
WHEREAS Bonneville has issued an Amendatory Residential Weatherization
Program Conservation Agreement, (Contract No. DE-MS79-838P91413, which is
hereinafter called the "Agreement") ; and
WHEREAS the parties, in accordance with sections 4 and 5 of Exhibit A to
that Agreement, desire to amend the body of the Agreement to reflect changes
contained herein;
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. Effective Date of Agreement. ..Upon_ execution .by the Contractor, the
effective date of this amendatory agreement shall be 2400 hours on
• September 14, 1984.
2. Amendment of the Amendatory Residential Weatherization Program
Conservation Agreement. Section 7 of the body of the Agreement is hereby
amended to include the following subsection:
"7. Amendment of Agreement.
( ) Bonneville may grant a modification, to a provision in
Exhibit F, when a specific situation, procedure or product, not explicitly
covered in the Agreement, is encountered by a Contractor and the
Contractor requests such modification, in writing, from Bonneville.
Bonneville shall respond to the Contractor within 30 days of such
request. If a modification is granted by Bonneville, such modification
shall be offered to all Contractors, effective immediately upon signature
for any Contractor who chooses to adopt such modification. Such
modification shall be in effect until completion of the next amendment
• cycle, as described in (a) above and sections 4 and 5 of Exhibit A, during
which cycle such modification shall be considered."
IN WITNESS WHEREOF, the parties hereto have executed this amendatory agreement.
UNITED STATES OF AMERICA
Department of Energy
By /s/ Steve G. Hickok
Assistant Administrator for Conservation
THE CITY OF ASHLAND
By /s/ L. Gordon Medaris
Title Mavor
Date 6/20/84
ATTEST:
By /s/ Nan E. Franklin
Title City Recorder
• Date 6/20184
(WP-PKI-2130c)
2
(AUTHENTICATED COPY)
Amendatory Agreement No. 6 to
. Contract No. DE-MS79-83BP91413
10/1/84
AMENDATORY
RESIDENTIAL WEATHERIZATION PROGRAM
CONSERVATION AGREEMENT
executed by the
UNITED STATES OF AMERICA
DEPARTMENT OF ENERGY
acting by and through the
BONNEVILLE POWER ADMINISTRATION
and
THE CITY OF ASHLAND
•
Index to Sections
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Section Paoe
1. Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
2. Term of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
3. Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
4. Program Overview. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . 5
5. Available Measures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
6. Program Procedures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
7. Amendment of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
8. Contractor Participation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
9. Allocated Budget Share. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
10. Additional Budget Submittal Requirements. . . . . . . . . . . . . . . . . . . . . . 7
• 11. Payment Procedures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Section Page
• 12. Use of Bonneville Funds by Contractor. . . . . . . . . . . . . . . . . . . . . . . . . 10
13. Program Records. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
14. Program Reports. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
15. Notices and Other Communications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
16. Program Evaluation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Exhibit A (General Conservation Contract Provisions) . . . . . . . . . . 5
Exhibit B (Measures) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Exhibit C (Payment Methods) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Exhibit D (Contractor Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Exhibit E (Consumer Incentive) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Exhibit F (Referenced Documents). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Exhibit G (Allocated Budget Share) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Exhibit H (Transition Payment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
• Exhibit I (Retroactive Payment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
This AMENDATORY AGREEMENT, issued September 30, 1984, by the UNITED STATES
OF AMERICA, Department of Energy, acting by and through the BONNEVILLE POWER
ADMINISTRATION (Bonneville) , to THE CITY OF ASHLAND (Contractor), a municipal
corporation of the State of Oregon,
W I T N E S S E T H
WHEREAS the parties hereto, on `d 1983, executed the
Residential Weatherization Program Conservation Agreement (Contract
No. DE-MS79-83BP91413, which as previously amended is hereinafter called
"Primary Agreement") , which provides for the joint implementation of measures
to achieve reductions in electric power consumption as a result of increased
efficiency of energy use; and
2
• WHEREAS the parties hereto have mutually agreed in sections 4 and 5 of
Exhibit A of the Primary Agreement to allow Bonneville to unilaterally revise
Consumer Incentives, Contractor Costs, Measures, the method of calculating
energy savings to be produced by the installation of measures, or the
documents referenced in Exhibit F, by following certain procedures outlined
therein; and
WHEREAS Bonneville, as required in section 4(b) of Exhibit A of the
Primary Agreement, has provided for the reasonable costs of implementing the
subject matter of this amendment by increasing the administrative cost
payment; and
WHEREAS Bonneville, as required in section 4(c) of Exhibit A of the
Primary Agreement, has provided for the reasonable increases in the cost of
operating this Agreement by establishing monitoring and mitigation cost
• payments; and
WHEREAS Bonneville has complied with the procedures contained in
sections 4 and 5 of Exhibit A to the Primary Agreement by giving notice to all
Contractors of subjects to be discussed, holding two Contractor participation
meetings in which all amendments were discussed, and by providing copies of
all proposed amendments to all Contractors for 30 days' review;
NOW, THEREFORE, after considering all comments and revising the proposed
amendments, Bonneville amends the Primary Agreement by providing to the
Contractor this revised body of the Agreement and revised Exhibits B, D, E,
and F:
1. Definitions.
(a) "Building" means a structure containing one or more Residences and
within which:
. (1) all Residences are owned by one Homeowner; or
3
• (2) if Residences are owned by separate Homeowners , each Homeowner
agrees, individually or collectively through the rules governing actions
of a Homeowners' association or like entity, prior to the Energy Analysis,
to act as one Homeowner with regard to this Program. Condominiums and "0"
lot line Residences with separate crawl spaces and attics shall be
considered separate Buildings.
(b) "Duplex" means a Building that contains no more and no less than two
Residences.
(c) "Energy Analysis" means an on—site inspection of a Building to
estimate the potential electric energy savings from Measures and to estimate
the cost of achieving such savings.
(d) "Fourplex" means a Building that contains no more and no less than
four Residences.
• (e) "Homeowner" means the fee owner, mortgagor, or the contract vendee of
a Residence, including one used for rental purposes.
(f) "House Tightening Measures" means exterior wall cavity insulation,
storm windows, replacement prime windows, vent conversions, sliding storm
doors, sliding door replacement, french doors, caulking or weather stripping.
(g) "Initial Budget Year" means the period commencing as of 2400 hours on
the later of September 30, 1983, or the last day of the month in which the
Contractor executed the Primary Agreement, and ending on September 30, 1984.
(h) "Installer" means an individual , partnership, corporation, or other
entity, other than the Contractor, which installs Measures and carries
liability insurance and assurance bonding for all work performed. Except for
nonprofit entities, all Installers must possess either a state contractor' s or
similar license.
•
4
• ( i ) "Low Income Consumer" means a Consumer whose combined household
income, determined in accordance with Item 10 of Exhibit F, is at or belc,;
125 percent of the poverty evel , ..c, .,stad for househ:id size, deter°:tin=:4 .,.
accordance with criteria established by the U.rector gf the U.S. CfflCe Gf
,fcnageoent and Budge:.
(j) "Mobile Home" means a structure, built in one or more sections cr a
steel chassis, which is originally designed to allow for transporting g
own wheels to different sites , and is used wish or .without a permanent
foundation.
(k) "Operating Area" means that portion c` the Contr_ctor' s
service area which is located with'.n the Reoion.
(1 ) "Residence" means that portion of a structure:
( 1) which contains living facilities including provis'.ccs for
• sleeping, eating, and cooking , for one or more persons;
(2) which uses electric soave heating permanently installed pr'-.r co
April '.5, 1983;
(3) which is within the Operating Area; and
(4) which is not a Mobile Home.
If a Residence is attached to any cther Residence, the Building in whit! the
Residences are located must be either of wood frame construction or no =her
than three stories above grade.
(m) "Seasonal Residence" means any Residence determined by the Certractor
to be occupied for less than 180 days of each year.
2. Term of Agreement. This Agreement becomes effective at 2400 hours
on the earlier of the last day of S&p+.zv^kr , 1984 or January 31 , 1985, and
shall continue in effect until 2400 hours on September 30, 1990, unless
•
5
• terminated earlier as provided herein . All obligations arising from this
Agreement shall be preserved until satisfied.
3. Exhibits. Exhibit A (General Conservation Contract Provisions) ,
Exhibit B (Measures) , Exhibit C (Payment Methods) , Exhibit D (Contractor
Costs) , Exhibit E (Consumer incentive) , Exhibit F (Referenced Documents) ,
Exhibit G (Allocated Budget Share) , Exhibit H (Transition Payment) , and
Exhibit I (Retroactive Payment) , are hereby made a part of this Agreement.
Prior Exhibits B, E and F dated 4/1/84 and prior Exhibit D dated 7/1/83 are
replaced by Exhibits B, D, E and F dated 10/1/84 attached hereto.
4. Program Overview. Bonneville shall pay the Contractor for retrofit
weatherization Measures accomplished in Buildings containing Residences of
Consumers and Low Income Consumers. Bonneville shall also pay the Contractor
for administering the Program described in this Agreement.
5. Available Measures. Payment is available for the Measures set forth
in Exhibit B.
6. Program Procedures.
(a) For Residences not previously weatherized under a Bonneville program,
the Contractor shall comply with the procedures in (1) below to accomplish
Measures. For those Residences previously weatherized under a Bonneville
program, the Contractor has the option of following the procedures in (1)
or (2) .
(1) Upon request by the Consumer or Homeowner, the Contractor shall
conduct an Energy Analysis of the Building in accordance with procedures
contained in Item 6 of Exhibit F. The Energy Analysis shall be performed
by a person certified in accordance with the energy analyst training
procedures contained in Item 7 of Exhibit F. The energy analyst shall
• give to the Consumer or Homeowner a copy of the Privacy Act notice
6
• contained in Item 11 of Exhibit F. The Energy Analysis shall. be performed
by a person other than the Installer of Measures listed in sections 2
and 3 of Exhibit B or such Installer' s subcontractor. At the time of the
Energy Analysis of the Building , or at any time thereafter, and upon
approval by the Consumer or Homeowner, the Contractor may provide for the
installation of the Measures listed in section 1 of Exhibit B. Using the
standard heat loss methodology contained in Item 2 of Exhibit F, or an
alternate heat loss methodology indexed in accordance with the procedures
contained in Item 4 of Exhibit F, the Contractor shall determine all
Measures eligible for payment and give the Consumer or Homeowner a list of
all Measures eligible for payment and an estimate of the annual
kilowatthour savings that would be realized from the installation of each
such Measures.
• (2) Upon request by the Consumer or Homeowner the Contractor shall
determine, exclusively, all House Tightening Measures eligible for
payment. Using the conditions and measurement of the Residence as
determined in the Energy Analysis performed at the time the Residence was
first weatherized under a Bonneville program, and the standard heat loss
methodology contained in Item 2 of Exhibit F to this Agreement or an
alternate heat loss methodology indexed in accordance with the procedures
contained in Item 4 of Exhibit F, the Contractor shall calculate the
annual kilowatthour savings for all Measures available under this
Agreement. The Contractor shall then total the annual kilowatthour
savings for all Measures previously installed under a Bonneville program
and for all House Tightening Measures eligible for payment under this
Agreement. The Contractor shall use the above estimate of annual
• kilowatthour savings when performing the appropriate calculation in
7
• section 2 or 3 of Exhibit E to arrive at a dollar figure; the. Contractor
shall then take the above dollar figure and deduct the Consumer Incentive
previously paid by Bonneville to the Consumer in order to arrive at the
maximum amount of funds available for House Tightening Measures. The
Contractor shall give to the Consumer or Homeowner a list of all House
Tightening Measures eligible for payment and an estimate of the annual
kilowatthour savings that would be realized from the installation of each
of such House Tightening Measures.
(b) The Contractor shall inform the Consumer or Homeowner that kickbacks,
rebates or other non—Program benefits from Installers are prohibited and may
be subject to Federal law. The energy analyst shall follow all procedures
contained in Item 12 of Exhibit F dealing with the possible indoor air quality
effects of the Measures available under this Agreement.
• (c) In accordance with inspection procedures contained in Item 6 of
Exhibit F, the Contractor shall provide for the inspection of each Measure
installed and shall certify to Bonneville that the materials and installation
meet or exceed the specifications contained in Item 1 of Exhibit F. The
inspection shall be performed by a person certified in accordance with the
inspector training standards contained in Item 7 of Exhibit F. The inspection
shall be performed by a person other than the Installer of such Measures or
such Installer' s subcontractor.
7. Amendment of Agreement. The documents referenced in Exhibit F shall
be amended in accordance with section 4(b) of Exhibit A; however, each
document may be amended no more frequently than twice in the Initial Budget
Year and once in each Subsequent Budget Year without providing a detailed
explanation of the reason the proposal is necessary. '
•
8
• 8. Contractor Participation. Bonneville shall hold a contractor
participation meeting , in accordance with section 5 of Exhibit A, no later
than March 1 of the Initial Budget Year and no later than October 1 of each
Subsequent Budget Year.
9. Allocated Budget Share. The Allocated Budget Share specified in
Exhibit G shall be available to the Contractor in accordance with Exhibit A.
10. Additional Budget Submittal Requirements.
(a) For purposes of this Agreement, the initial budget request must be
received by Bonneville no later than October 31 , 1983, in order to be
considered timely.
(b) For each Budget Year the Contractor' s request shall be submitted on
work plan and budget forms referenced in Item 9 of Exhibit F and shall contain
all information requested that is applicable for such Budget Year.
• 11. Payment Procedures.
(a) The methods of payment available to the Contractor are set forth in
Exhibit C. Payments shall be made in accordance with the method, terms, and
procedures of the payment method selected in writing by the Contractor for the
first energy conservation agreement executed by the Contractor which is
offered to the Contractor on or after July 1, 1983. The Contractor may
request a change in the payment method by providing written notice to
Bonneville. Bonneville shall timely notify the Contractor in writing whether
or not such request is approved.
(b) Bonneville shall pay the Contractor in accordance with Exhibit D for
administering this Agreement.
(c) For each Budget Year the Contractor shall submit, in the work plan
referenced in Item 9 of Exhibit F, one of the following cost control
9
. mechanisms to be used by the Contractor in the determination of the Consumer
Incentive available for Low Income Consumers:
( 1) three estimates from installers with work awarded to the entity
submitting the lowest estimate or an estimate within 20 percent of the
lowest estimate;
(2) a limit per Measure equal to 125 percent of the average
installation cost of the Measure, in $ per square/linear foot, based on a
random sample of 50 installations of such Measure or 20 percent of the
installations of such Measure in the electrical service area of the
Contractor during the preceding 12 months; or
(3) a Contractor—designed cost control mechanism approved by
Bonneville prior to the Energy Analysis.
(d) Bonneville shall pay the Contractor the amount determined in
• accordance with Exhibit E for installed Measures listed in Exhibit B, which
are inspected in accordance with section 6(d) on or after the Effective Date.
The percentages of the actual cost of the installed Measures that Bonneville
shall pay in accordance with section 2 of Exhibit E and the amount per
estimated annual kilowatthour saved that Bonneville shall pay in accordance
with section 3 of Exhibit E shall be established for each Budget Year by the
Contractor in the work plan, referenced in Item 9 of Exhibit F.
(e) Notwithstanding section 7(b)(1)(C) of Exhibit A, Bonneville shall pay
the Contractor the amount determined in accordance with Exhibit I for
installed Measures listed in Exhibit 8, which are inspected in accordance with
section 6(d) , which were accomplished under a Contractor program on or after
December 5, 1980, and prior to October 1 , 1983, and which are otherwise
eligible for retroactive reimbursement in accordance with section 7 of
• Exhibit A.
10
. (f) If after the Effective Date a Measure is added to Exhibit B, the
Contractor shall become eligible for retroactive reimbursement by Bonneville
in accordance with Exhibit A for each similar measure completed or installed
under a Contractor program between December 5 , 1980, and the date the Measure
is added.
(g) If section 4 of Exhibit B of the Primary Agreement, referred to in
the recitals , is amended to allow payment by Bonneville for Measures not
previously eligible for payment due to installation restrictions, the
Contractor shall become eligible for payment by Bonneville in accordance with
Exhibit A for such measures:
( 1) which were completed or installed by the Contractor on or after
December 5, 1980, and prior to the date the Measures become eligible for
payment by Bonneville;
• (2) which include any mitigation set forth in the specifications
applicable to such measures; and
(3) which substantially conform to or exceed specifications listed
in Item 1 of Exhibit F when such measures were installed.
(h) During a Budget Year when a retroactive claim for measures under
subsection (e) , (f) or (g) above is determined to be complete, but funds are
not available for full payment during such Budget Year, the Contractor may
elect to have the Approved Budget for such Budget Year reduced by an amount up
to the unpaid portion of such complete retroactive claim, and receive payment
of such amount in such Budget Year.
12. Use of Bonneville Funds by Contractor.
(a) Except for payment for Measures listed in section 1 of Exhibit B, the
Contractor shall use payments from Bonneville in accordance with
. sections 11(d), (e) , (f) , and (g) as follows:
11
• ( 1) the Contractor shall pay or shall have paid an equal amount of
funds directly to the Homeowner of the Residence in which the Measures
were installed, or to the Homeowner' s designee, or
(2) if the Contractor operates a residential conservation loan
program, or has advanced funds to a Homeowner of a Residence in 4hich the
Measures were installed, or to the Homeowner' s designee , the Contractor
shall use the funds paid by Bonneville and the interest earned on those
funds solely to offset the principal amount or the Contractor' s or
Homeowner' s interest costs of those conservation loans or advances. Upon
satisfaction of all such loans or advances the Contractor shall return to
Bonneville any remaining balance of Bonneville funds including the
interest earned on those funds. This subsection shall prevail over
subsections 2(b)(5) and 3(b)(2) of Exhibit C.
• (b) The Contractor shall use payments from Bonneville in accordance with
section 11(b) to reimburse the Homeowner of the Residence in which the
Measures were installed to the extent the Homeowner has paid the Contractor
for conducting an energy analysis.
13. Program Records.
(a) The Contractor shall maintain a record of the following information
regarding its transactions concerning the Measures listed in sections 1, 2,
and 3 of Exhibit B that are accomplished in a Building:
(1) date of performance and the results of the Energy Analysis,
including Building measurements and sketches, data derived from the
Building for energy—saving calculations and measure—cost estimates, and
the list of Measures eligible for payment;
(2) age of Building if 45 years of age or older;
• (3) Consumer' s name, address, and account number by Residence;
12
r.
• (4) documentation of eligibility for each Low Income Consumer;
(5) water heater tank location (heated or unheated space) ;
(6) the Electric Power consumption during the 12-month period
preceding the Energy Analysis for each Residence; and
(7) Electric Power consumption for the 12-month period following
inspection of Measures for each Residence; and
(8) date of inspection and a list of Measures installed in
accordance with section 6(d) ;
(9) the disbursement of the funds expended by the Contractor in
accordance with section 12;
(10) total cost of installed Measures including the Consumer
Incentive;
( 11) Consumer or Homeowner' s written acknowledgment of receipt of the
• indoor air quality brochures, including the Consumer or Homeowner' s
written decision for dealing with radon monitoring and mitigation, if
applicable; .
(12) supporting documents and records necessary for Financial Audit
and verification of costs billed to Bonneville; and
(13) supporting documents and records necessary to verify that the
requirements of section 11 have been satisfied.
(b) When a Contractor operates a residential loan program under this
Agreement, the records on each loan shall be retained for 3 years after the
satisfaction of the loan.
14. Program Reports. The Contractor shall submit completed monthly
reporting and program forms, referenced in Item 8 of Exhibit F, for each
calendar month of this Agreement to be received no later than the 15th day of
• the month following the calendar month for which reporting is being
13
• submitted. However, monthly reporting forms for September must be received by
October 10.
15. Notices and Other Communications. 'Written communication between the
parties shall be delivered in person or mailed to the address and to the
attention of the person specified below:
If to Bonneville: Bonneville Power Administration
Attn:
(Name and/or Title)(Phone Number)
If to the Contractor:
Attn:
(Name and/or Title)(Phone Number)
• 16. Program Evaluation.
(a) The Contractor shall provide to Bonneville Program records on a
random sample of Residences selected. The information submitted shall include:
(1) the number of Residences from which the sample was selected; and
(2) the billing records for a comparable period of time for a sample
of Program nonparticipants.
(b) The Contractor shall , upon 60 days' notice by Bonneville but no more
frequently than once in any 12—month period, at the discretion of Bonneville
14
• either transmit the data collected to Bonneville or permit access to such data
by Bonneville or its designee for purposes of Program evaluation.
IN WITNESS WHEREOF, Bonneville issues this Amendatory Agreement.
UNITED STATES OF AMERICA
Department of Energy
By /s/ Steve G. Hickok
Assistant Administrator for Conservation
Date SeD. 28, 1984
(VIP-PKL-2268c)
•
Exhibit B, Page 1 of 2
Residential Weatherization Program
10/1/84
Measures
1. Electric Water Heater Measures
Electric water heater wraps with appropriate water heater pipe insulation
may be installed in any Residence in accordance with specifications
contained in Item 1 of Exhibit F.
2. Energy Savings Measures
(a) The following Measures may be installed in any Residence in
accordance with specifications contained in Item 1 of Exhibit F;
(1) ceiling insulation , exterior roof insulation, and ventilation,
when required;
(2) floor insulation or perimeter insulation with associated vapor
impermeable ground cover, pipe wrap and appropriate ventilation;
(3) wall insulation such as: exterior wall cavity insulation; and
• unfinished wall insulation;
(4) duct insulation;
(5) hydronic pipe insulation;
(6) window treatments, such as: storm windows; sash mounted storm
windows; replacement multi—glazing; replacement prime windows;
and vent conversions; or
(7) doors, such as: sliding storm doors; multi—glazed inserts;
sliding door replacements; and french doors.
Hydronic pipe insulation shall not be eligible for retroactive
reimbursement available under section 11(f) of the body of the
Agreement.
•
Exhibit 8, Page 2 of 2
. Residential Weatherization Program
10/1/84
(b) If any of the Measures in section (a) above are installed in a
Residence the following Measures may be installed in accordance with
specifications contained in Item 1 of Exhibit F;
( 1) clock thermostat( s) ;
(2) caulking; or
(3) weatherstripping.
(c) Dehumidifiers may be installed in any Residence in accordance with
specifications contained in Item 1 of Exhibit F.
3. Mitigation Measure(s)
If necessary for the mitigation of possible indoor air quality effects
pursuant to the procedures contained in Item 12 of Exhibit F, the
following Measure(s) may be installed in any Residence in accordance with
specifications contained in Item 1 of Exhibit F:
Air-to-Air Heat Exchanger(s) .
•
(WP-PKL-2268c)
•
• Exhibit 0, Page 1 of 2
Residential Weatherization Program
10/1/84
Contractor Costs
1. Administrative Costs
(a) For Residences not previously weatherized under a Bonneville program
or Residences weatherized under a Bonneville program using a standard
heat loss methodology dated prior to July 1983, upon the Contractor's
certification that any of the Measures listed in section 2(a) of
Exhibit B have been installed in a Residence in accordance with the
specifications contained in Item 1 of Exhibit F, Bonneville shall pay
the Contractor:
( 1) 5200 for the first Residence in a Building;
(2) $25 per Residence for the second, third, and fourth
Residences in a Building;
(3) $10 for each additional Residence in a Building; and
(4) an additional $100 per Building for the first 100 Buildings for
• which claim for payment is made during a Budget year;
(b) For Residences weatherized under a Bonneville program using a
standard heat loss methodology dated July 1983, or April 1984, upon
the Contractor' s certification that any of the House Tightening
Measures, exclusive of caulking and weather stripping, have been
installed in the Residence in accordance with the specifications
contained in Item 1 of Exhibit F, Bonneville shall pay the Contractor:
(1) $40 for the first Residence in a Building;
(2) 525 per Residence for the second, third, and fourth Residences
in a Building; and
(3) $10 for each additional Residence in a Building.
(c) Only one administrative cost payment as provided in (a) or (b) shall
be made for each Residence.
(d) Bonneville shall pay an additional $10 per Residence upon the
Contractor' s certification that any Residence qualifying for an
administrative cost payment under (a) or (b) above is the Residence
of a Low Income Consumer.
•
• Exhibit D, Page 2 of 2
Residential Weatherization Program
10/1/84
2. Monitoring and Mitigation Costs
(a) Upon the Contractor' s certification that the Consumer or Homeowner
has been provided the results from the evaluation of the radon
monitoring of the Residence, Bonneville shall pay the Contractor 520.
(b) Upon the Contractor' s certification that any of the mitigation
measures listed in section 3 of Exhibit B have been installed in the
Residence in accordance with the specifications contained in Item 1
of Exhibit F, Bonneville shall pay the Contractor $30.
3. Training
(a) Bonneville shall pay the Contractor the actual training costs, not to
exceed 5100 per day and not to exceed a total of $1000, for each
analyst or inspector trained under this subsection in accordance with
procedures contained in Item 7 of Exhibit F, upon certification to
Bonneville that the energy analyst or inspector has successfully
completed the appropriate requirements specified in procedures
contained in Item 7 of Exhibit F. Except as provided in
subsections (b) and (c) below, Bonneville shall not pay for the
• training of an energy analyst or inspector who has successfully
completed training substantially similar to the training provided in
accordance with this Agreement.
(b) Bonneville shall pay the Contractor the actual training costs, not to
exceed 5100 per day and not to exceed a total of 6200 in any Budget
Year for each analyst or inspector who receives recertification
training after July 1, 1983, in accordance with training procedures
contained in Item 7 of Exhibit F.
(c) Bonneville shall pay the Contractor the actual training costs, not to
exceed $100 per day and not to exceed a total of $200 in any Budget
Year for each analyst or inspector, certified or recertified under
this Program, who receives any special training in accordance with
training procedures contained in Item 7 of Exhibit F.
(d) Bonneville shall not pay for any energy analyst' s or inspector' s
salary, travel , meals, or lodging during training.
(WP—PKL-2268c)
. Exhibit E, Page 1 of 2
Residential Weatherization Program
10/1/84
Consumer Incentive
1 . For Measures lis'seV on 1 of Exhibit B, and in accordance with
section 11(d) of dy )f this Agreement, Bonneville shall pay the
Contractor at the rae of $25 per electric water heater. Only one
payment per eleciterheater shall be allowed.
2. When any )r all Ns elgible for payment on the basis of an Energy
Analysis ire inst in aBuilding as the result of the same Energy
Analysis, and in dancedith section 11(d) of the body of this
Agreement, Borev shall )ay up to 85 percent of the actual cost of the
installed Mearejt to eceed $0.320 per estimated annual kilowatthour
saved by the tat all Exibit B section 2(a) and 2(b) Measures
installed.
3. When all Met ,igible fcr 100 percent BPA payment in accordance with
(a) below astiled in a3uilding in which, at the time of the Energy
Analysis, rss .han 66 percent of the Residences are occupied by Low
Income Con, or in a Duplex or a Fourplex in which, at the time of
the Energy+is, not less than 50 percent of the Residences are
• occupied N Income Consumer, and in accordance with section 11(c)
and (d) o)dy of this Agreement, Bonneville shall pay:
(a) up t:tual costs of the installed Measures, not to exceed
SO.3stimated annual kilowatthour saved by the total of all
Exhi!ction 2(a) and 2(b) Measures installed; and
(b) for 'r occupied Low Income Consumer Residences up to $150 for
theluired to prepare a Residence for the installation of any
Exhiction 2(a) Measure, not to exceed the amount resulting
frosting the Consumer Incentive determined in subsection 3(a)
abo:he kilowatthour saving limitation computed for such
sub Such payment shall be used for work accomplished on the
Res) protect the life of the Measures installed or the energy
saviuch Measures over their useful life.
However)ity for the payment level under (a) or (b) shall not be
affectecow Income Consumer or Homeowner' s election not to install
House T'Measures.
4. When a ier is installed in a Residence, and in accordance with
section the body of this Agreement, Bonneville shall pay the
actual ie installation not to exceed $240 for each dehumidifier.
Exhibit E, Page 2 of ,2
Residential Weatherization Program
10/1/84
5. The Consumer Incentive in sections 2, 3, and 4 of this Exhibit shall not
include any amount for the labor of any entity other than an Installer.
6. In determining the Consumer Incentive in sections 2, or 3 above, for a
Seasonal Residence, the total annual kilowatthours saved shall be reduced
by 50 percent.
7. When one or more air-to-air heat exchangers are installed in a Residence
pursuant to the procedures contained in Item 12 of Exhibit F, and in
accordance with section 11(c) and (d) of the body of this ,Agreement,
Bonneville shall pay:
(a) up to 85 percent of the actual cost of the installation not to exceed
$850 per Residence; or
(b) 100 percent of the actual cost of the installation in a Homeowner
occupied Low Income Consumer Residence not to exceed $1000 per
Residence.
(WP-PKL-2268c)
•
•
Exhibit F, Page 1 of 1
Residential Weatherization Program
10/1/84
Referenced Documents
The following Bonneville documents are hereby incorporated by reference into
this Agreement and shall be subject to the terms hereof:
1. Weatherization Specifications of October 1984
2. Standard Heat Loss Methodology of October 1984
3. Standardized Weather Data of April 1984
4. Procedures for Indexing Alternate Heat Loss Methodologies of July 1983
5. Software Certification Procedures of April 1984
6. Energy Analysis/Inspection Procedures of October 1984
7. Training Procedures of October 1984
8. Monthly Reporting and Program Forms of October 1984
9. Work Plan and Budget Forms of October 1984
10. Income Criteria of October 1984
11 . Privacy Act Notice to Consumer of April 1984
12. Indoor Air Quality Procedures of October 1984
(WP-PKL-2268c)
•
(AUTHENTICATED COPY)
Amendatory Agreement No. 7 to
Contract No. DE-MS79-83BP91413
• 10/1/84
AMENDATORY AGREEMENT
executed by the
UNITED STATES OF AMERICA
DEPARTME\-P OF ENERGY
acting by and through the
BONNEVILLE POWER ADMINISTRATION
and
THE CITY OF ASHLAND
This AMENDATORY AGREEMENT, executed by the
UNITED STATES OF AMERICA, Department of Energy,. acting by and through the
• Bonneville Power Administration (Bonneville) , and THE CITY OF ASHLAND
(Contractor) , a municipal corporation of the State of Oregon,
W I T N E S S E T H
WHEREAS Bonneville has issued and has amended the Residential
Weatherization Program Conservation Agreement, (Contract No. DE-MS79-83BP91413,
which is hereinafter called the "Agreement") ; and
WHEREAS the parties, in accordance with sections 4 and 5 of Exhibit A to
that Agreement, desire to amend the body of the Agreement to reflect changes
contained herein;
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. Effective Date of Agreement. Upon execution by the Contractor, the
effective date of this amendatory agreement shall be 2400 hours on the earlier
• of the last day of &P4-e")DPY" , 1984 or January 31, 1985.
2. Amendment of the Amendatory Residential Weatherization Program
• Conservation Agreement. The following section 17 is to be added to the body
of the Agreement:
"17. Indemnification. The indemnification provisions of Section 19
of Exhibit A shall apply only to acts or omissions arising out of this
Agreement.n
IN WITNESS WHEREOF, the parties hereto have executed this Amendatory
Agreement.
UNITED STATES OF AMERICA
Department of Energy
By /s/ Steve G. Hickok
Assistant Administrator for Conservation
• THE CITY OF ASHLAND
By /s/ L. Gordon Medaris
Title Mayor, City of Ashland
Date 10-29-84
ATTEST:
By /s/ Nan E. Franklin
Title City Recorder
Date 10-29-84
(WP-PKL-2275c)
•
2
(AUTHENTICATED COPY)
t'
Amendatory Agreement No. 8 to
• Contract No. DE-MS79-83BP91413
10/1/84
AMENDATORY AGREEMENT
executed by the
UNITED STATES OF AMERICA
DEPARTMENT OF ENERGY
acting by and through the
BONNEVILLE POWER ADMINISTRATION
and
THE CITY OF ASHLAND
This AMENDATORY AGREEMENT, executed ge4 by the
• UNITED STATES OF AMERICA, Department of Energy, acting by and through the
Bonneville Power Administration (Bonneville) , and THE CITY OF ASHLAND
(Contractor) , a municipal corporation of the State of Oregon,
W I T N E S S E T H :
WHEREAS Bonneville has issued and has amended the Residential
Weatherization Program Conservation Agreement, (Contract No. DE-MS79-83BP91413,
which is hereinafter called the "Agreement") ; and
WHEREAS the parties, in accordance with sections 4 and 5 of Exhibit A to
that Agreement, desire to amend the body of the Agreement to reflect changes
contained herein;
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. Effective Date of Agreement. Upon execution by the Contractor, the
effective date of this amendatory agreement shall be 2400 hours on the earlier
• of the last day of . .S¢ e.rbfr 1984 or January 31, 1985.
2. Amendment of the Amendatory Residential Weatherization Program
• Conservation Agreement. The following section 18 is to be added to the body
of the Agreement:
"18. Suspension.
(a) Program Suspension After Consultation. Within a reasonable
time after the Contractor has notified Bonneville that any nonconformance
has been corrected in accordance with section 13(b) of Exhibit A,
Bonneville shall take action to verify that such nonconformance has been
corrected. In addition, if the Program has been suspended, Bonneville
shall notify the Contractor within a reasonable time, after such
verification takes place, of the date that Program suspension is lifted.
(b) Immediate Suspension of Payment. Following the completion of
the process described in subsections 13(a) and (b) of Exhibit A and
• subsection (a) above, and unless this Agreement is terminated as described
in subsection 13(b) of Exhibit A, Bonneville shall notify the Contractor
within a reasonable time of the date that suspension of payment is lifted."
IN WITNESS WHEREOF, the parties hereto have executed this Amendatory
Agreement.
UNITED STATES OF AMERICA
Department of Energy
By /s/ Steve G. Hickok
Assistant Administrator for Conservation
ATTEST: THE CITY OF ASHLAND
By /S/ Nan E. Franklin By /s/ L Gordon Medaris
Title City Recorder Title Mayor. City of Ashland
Date 10-29-84 Date 10-29-84
• (WP-PKL-2276c)
2
(AUTHENTICATED COPY)
Amendatory Agreement No. 9 to
Contract No. DE-MS79-83BP91413
• 10/1/84
AMENDATORY AGREEMENT
executed by the
UNITED STATES OF AMERICA
DEPARTMENT OF ENERGY
acting by and through the
BONNEVILLE POWER ADMINISTRATION
and
THE CITY OF ASHLAND
This AMENDATORY AGREEMENT, executed [ r� (177L ZQ� /�j�[l by the
UNITED STATES OF AMERICA, Department of Energy, acting by and through the
• Bonneville Power Administration (Bonneville) , and THE CITY OF ASHLAND
(Contractor) , a municipal corporation of the State of Oregon,
W I T N E S S E T H :
WHEREAS Bonneville has issued and has amended the Residential
Weatherization Program Conservation Agreement, (Contract No. DE-MS79-83BP91413
which is hereinafter called the "Agreement"); and
WHEREAS, due to recent changes in State law the Contractor is concerned
about its ability to participate in the Agreement;
WHEREAS, Bonneville desires maximum participation in the Program described
in this Agreement by contractors in the Region;
WHEREAS, the parties, in accordance with sections 4 and 5 of Exhibit A to
the Agreement, desire to amend the body of the Agreement, to permit
• participation or continued participation by the Contractor;
NOW, THEREFORE, for the consideration recited above, the parties hereto
• mutually agree as follows:
1. Effective Date of Agreement. Upon execution by the Contractor, the
effective date of this amendatory agreement shall be 2400 hours on the earlier
of the last day of , 1984 or January 31, 1985.
2. Amendment of the Amendatory Residential Weatherization Program
Conservation Agreement. The following section 19 is to be added to the body
of the Agreement:
"19. Sources of Payments for the Conservation Charge. The
Contractor shall not be required to make payments to Bonneville under
section 32 of Exhibit A except from the revenues derived by the Contractor
from the ownership and operation of its electric utility properties. The
Contractor covenants and agrees that it shall establish, maintain and
• collect rates or charges for power and energy and other services,
facilities and commodities sold, furnished or supplied by it through any
of its electric utility properties which shall be adequate to provide
revenue sufficient to enable the Contractor to make the payments to be
made by the Contractor to Bonneville under such section and to pay all
•
2
other charges and obligations of the Contractor payable from or constituting a
charge and lien upon such revenues.°
IN WITNESS WHEREOF, the parties hereto have executed this Amendatory
Agreement.
UNITED STATES OF AMERICA
Department of Energy
By /s/ Steve G. Hickok
Assistant Administrator for Conservation
THE CITY OF ASHLAND
By /s/ L. Gordon Medaris
Title Mayor, City of Ashland
Date 10-29-84
ATTEST:
By /s/ Nan E. Franklin
Title City Recorder
Date 10-29-84
(WP-PKL-2277c)
3
(AUTHENTICATED COPY)
• Amendatory Agreement No. 10 to
Contract No. DE-MS79-83BP91413
10/1/84
AMENDATORY AGREEMENT
executed by the
UNITED STATES OF AMERICA
DEPAR71ENT OF ENERGY
acting by and through the
BONNEVILLE POWER ADMINISTRATION
and
THE CITY OF ASHLAND
This AMENDATORY AGREEMENT, executed IJ[ c y ��Y by the
• UNITED STATES OF AMERICA, Department of Energy,. acting by and through the
Bonneville Power Administration (Bonneville) , and THE CITY OF ASHLAND
(Contractor) , a municipal corporation of the State of Oregon,
W I T N E S S E T H
WHEREAS Bonneville has issued and has amended the Residential
Weatherization Program Conservation Agreement, (Contract No. DE-MS79-83BP91413,
which is hereinafter called the "Agreement") ; and
WHEREAS the parties, in accordance with sections 4 and 5 of Exhibit A to
that Agreement, desire to amend the body of the Agreement to reflect changes
contained herein;
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. Effective Date of Agreement. Upon execution by the Contractor, the
effective date of this amendatory agreement shall be 2400 hours on the earlier
• of the last day of Sp an 1984 or January 31, 1985.
2. Amendment of the Amendatory Residential Weatherization Program
• Conservation Agreement. The definition of Low Income Consumer as contained
in section 1 of the body of the Agreement is hereby deleted and replaced with
the following definition:
"I. Definitions.
(i) "Low Income Consumer" means a Consumer whose combined household
income, determined in accordance with Item 10 of Exhibit F, is at or below
125 percent of the poverty level , adjusted for household size, determined
in accordance with criteria established by the Director of the U.S. Office
of Management and Budget. The Low Income Consumer determination shall be
made at the time the Contractor gives the Consumer a list of all Pleasures
eligible for payment in accordance with section 6(a) .
IN WITNESS WHEREOF, the parties hereto have executed this Amendatory
• Agreement.
UNITED STATES OF AMERICA
Department of Energy
By /s/ Steve G. Hickok
Assistant Administrator for Conservation
ATTEST: THE CITY OF ASHLAND
By /s/ Nan E. Franklin By /s/ L. Gordon Medaris
Title City Recorder Title Mayor, City of Ashland
Date 10-29-84 Date 10-29-84
(WP-PKL-2278c)
I
2
(AUTHENTICATED COPY)
Amendatory Agreement No. 11 to
Contract No. DE-MS79-83BP91413
10/1/84
AMENDATORY AGREEMENT
executed by the
UNITED STATES OF AMERICA
DEPARTMENT OF ENERGY
acting by and through the
BONNEVILLE P014ER ADMINISTRATION
and
THE CITY OF ASHLAND
This AMENDATORY AGREEMENT, executed t,(-, by the
• UNITED STATES OF AMERICA, Department of Energy, acting by and through the
Bonneville Power Administration (Bonneville) , and THE CITY OF ASHLAND
(Contractor) , a municipal corporation of the State of Oregon,
W I T N E S S E T H
WHEREAS Bonneville has issued and has amended the Residential
Weatherization Program Conservation Agreement, (Contract No. DE-MS79-83BP91413,
which is hereinafter called the "Agreement") ; and
WHEREAS the parties, in accordance with sections 4 and 5 of Exhibit A to
that Agreement, desire to amend the body of the Agreement to reflect changes
contained herein;
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. Effective Date of Agreement. Upon execution by the Contractor, the
effective date of this amendatory agreement shall be 2400 hours on the earlier
• of the last day of Se # 1984 or January 31, 1985.
2. Amendment of the Amendatory Residential Weatherization Program
• Conservation Agreement. The definition of Residence as contained in
section 1 of the body of the Agreement is hereby deleted and replaced with the
following definition :
1. Definitions .
(1) "Residence" means that portion of a structure:
(1) which contains living facilities including provisions for
sleeping, eating, and cooking, for one or more persons;
(2) which, as of April 15 , 1983, has:
(A) a permanently installed electric space heating system;
or
(B) is equipped with 220-240 volt receptacles designated
for use with electric heaters, and has no other heating system
• or wood stove;
or
(C) contains at least one 110-120 volt portable electric
heater, has no other heating system or wood stove, and the most
recent 12-month electric consumption history indicates winter
heating use;
(3) which is within the Operating Area; and
(4) which is not a Mobile Home.
•
2
If a Residence is attached to any other Residence, the Building in which the
• Residences are located must be either of wood frame construction or no higher
than three stories above grade. °
IN WITNESS WHEREOF, the parties hereto have executed this Amendatory
Agreement.
UNITED STATES OF AMERICA
Department of Energy
By /s/ Steve G. Hickok
Assistant Administrator for Conservation
THE CITY OF ASHLAND
By /s/ L. Gordon Medaris
• Title Mayor, City of Ashland
Date 10-29-84
ATTEST:
By /s/ Nan E. Franklin
Title City Recorder
Date 10-29-84
(WP-PKL-2279c)
•
3
(AUTHENTICATED COPY)
• Amendatory Agreement No. 12 to
Contract No. DE-MS79-83BP91413
10/1/84
AMENDATORY AGREEMENT
executed by the
UNITED STATES OF AMERICA
DEPARTMENT OF ENERGY
acting by and through the
BONNEVILLE POWER ADMINISTRATION
and
THE CITY OF ASHLAND
This AMENDATORY AGREEMENT, executed �i°h�r'I' �%� Oil by the
UNITED STATES OF AMERICA, Department of Energy,. acting by and through the
Bonneville Power Administration (Bonneville) , and THE CITY OF ASHLAND
(Contractor) , a municipal corporation of the State of Oregon,
W I T N E S S E T H
WHEREAS Bonneville has issued and has amended the Residential
Weatherization Program Conservation Agreement, (Contract No. DE-MS79-83BP91413,
which is hereinafter called the "Agreement") ; and
WHEREAS the parties, in accordance with sections 4 and 5 of Exhibit A to
that Agreement, desire. to amend the body of the Agreement to reflect changes
contained herein;
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. Effective Date of Agreement. . Upon execution by the Contractor, the.
effective date of this amendatory agreement shall be 2400 hours on the earlier
• of the last day of e� bar 1984 or January 31, 1985.
2. Amendment of the Amendatory Residential Weatherization Program
Conservation Agreement. The definition of Seasonal Residence as contained in
section 1 of the body of the Agreement is hereby deleted and replaced with the
following definition:
"1. Definitions .
(m) "Seasonal Residence" means any Residence occupied for less than
180 days of each year as determined by the Contractor at the time the
Contractor gives the Consumer or Homeowner a list of all Measures eligible
for payment in accordance with section 6(a) . .
IN WITNESS WHEREOF, the parties hereto have executed this Amendatory
Agreement.
UNITED STATES OF AMERICA
Department of Energy
•
By /s/ Steve G. Hickok
Assistant Administrator for Conservation
THE CITY OF ASHLAND
By /s/ L. Gordon Medaris
Title Mayor, City of Ashland
Date 10-29-84
ATTEST:
By /s/ Man E. Franklin
Title City Recorder
Date 10-29-84
(WP-PKL-2280c)
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