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HomeMy WebLinkAbout1988-082 Agrmt - BPA Energy Smart Design AUTHENTICATED COPY Department of Energy • ' Bonneville Power Administration P.O. Box 3621 Portland, Oregon 97208.3621 AUG 2 2 1988 OFFICE OF THE ADMINISTRATOR In reply refer PMCN Contract No. DE-MS79-88BP92542 Energy Smart Design Assistance Program (Option 3) Mr. Brian L. Almquist City Administrator & General Manager City of Ashland 20 East Main Ashland, OR 97520 Dear Mr. Almquist: This letter constitutes an Agreement between the Bonneville Power Administration (Bonneville) and City of Ashland (Utility) to describe the procedures to be followed when delivering services under option 3 of the Energy Smart Design • Assistance Program (Program) . Bonneville agrees that if the Utility participates in option 3 of the Program and makes good faith efforts, as described by the procedures in section 5 below, to perform the tasks outlined in the Program Procedures (Exhibit A), the Utility will meet the requirements set out in Bonneville's Model Conservation Standards Surcharge Policy (Item 2 of Exhibit B). Bonneville offers this agreement under the following terms and conditions: 1. Term (a) This agreement will be effective at 2400 hours on the date of execution (Effective Date) and shall continue in effect until 2400 hours on September 30, 1990, unless terminated as provided herein. All obligations arising from this Agreement shall be preserved until satisfied. (b) The Utility or Bonneville may terminate this Agreement upon 30-day's-written notice to the other party. (c) Bonneville may also terminate this Agreement pursuant to Subsection 5(c) below. 2. Utility Eligibility i .. • This agreement is available to only those utilities within the Pacific Northwest who meet the following requirements: • 2 (a) The Utility is a firm requirements customer of Bonneville as of May 1, 1988; and (b) The Utility is not currently operating under a signed agreement resulting from the Energy Smart Design Assistance Program Utility Agreements solicitation (DE-PS79-88BP39138). 3. Exhibits (a) Exhibit A (Program Procedures), Exhibit B (Referenced Documents), Exhibit C (Sample Request for Assistance Form), Exhibit D (Awards), and Exhibit E (Sample Periodic Activity Report Form), dated 05/09/88, are hereby attached and made a part of this Agreement. The definitions applicable to this Agreement are found in Exhibit 3 to Item 1 of Exhibit B. (b) The general contract provisions applicable to this Agreement are listed in Section D to Item 1 of Exhibit B and by this reference are made a part of this Agreement. For the purposes of this Agreement, the terms Project Technical Representative, Recipient, and Award as used in these provisions shall mean Contracting officer's Technical Representative, Utility, and this Agreement, respectively. All • sections of the referenced general contract provisions apply to this Agreement except for the following: D-1; D-1.15; D-1.18; D-1.21; D-1.22; D-1.23; D-2.2; D-2.5; D-2.6; D-2.8; and D-2.10. 4. Order of Precedence In the event of an inconsistency between provisions of this Agreement, the inconsistency shall be resolved by giving precedence in the following order: (a) this Agreement including the attached exhibits; (b) the referenced documents; and (c) the Utility's operating plan. 5. Procedures (a) The Utility agrees to comply with the Program procedures described in Exhibit A to this Agreement. (b) If the Utility is in compliance with this Agreement, the Utility will meet the requirements set out in Bonneville's Model Conservation Standards Surcharge Policy. (c) If, after reasonable notice, the Utility is not in compliance with this Agreement, Bonneville will-terminate this Agreement. upon .__ - 30-day's-written notice to the Utility, and as of the date of - termination, the Utility may be subject to surcharge under • Bonneville's Model Conservation Standards Surcharge Policy. • 3 6. Application Procedure (a) Concurrent with an originally signed copy of this Agreement, the Utility will submit a draft operating plan, pursuant to Subsection 1(a) of Exhibit A, and designate a Utility point of contact for this Agreement to Bonneville. (b) The Utility will submit a final operating plan to Bonneville within 45 days after receipt of Bonneville's comment on the draft operating plan. 7. Contracting Officer's Technical Representative. The Contracting Officer's Technical Representative (COTR) identified below is the Bonneville point of contact for this Agreement. Tom Foeller Lower Columbia Area Office - LCB Bonneville Power Administration P.O. Box 3621 Portland, OR 97208 • (503) 230-3494 If these provisions are acceptable, please sign both copies of this Agreement and return one copy to Bonneville. The remaining copy is for your files. Please also provide an originally signed copy of the resolution or the board or city council meeting minutes authorizing execution. Sincerely, /s/ James J. Jura Administrator ACCEPTED: CITY OF ASHLAND By /s/ L. Gordon Medaris Title Mayor, City of Ashland Effective Date Sept 6, 1988 (VS6—PMCN-3673c/3784c) • Exhibit A, Page 1 of 5 Contract No. DE-MS79-88BP92542 06/10/88 PROGRAM PROCEDURES 1. Utility Tasks. Under this Program, the Utility shall complete the following procedures. (a) Operating Plan. (1) The Utility shall submit a draft operating plan at the time the letter of agreement is signed. That operating plan will include: (A) A list of assigned personnel who will support Program activities and their roles; and (B) A local promotion plan (see Subsection 1(b) below). (2) The Utility shall submit a final operating plan within 45 days following the receipt of Bonneville's comment on the draft operating plan. (b) Promotion. • The Utility shall promote the Program services within its service territory at a level which is commensurate with the anticipated growth in the commercial sector. A separate regional marketing/promotion effort will be operated by a Bonneville contractor to support this Program. Examples of Utility promotion may include: (1) Identifying local building designers, developers, and other parties interested in commercial building efficiency and develop a local marketing strategy to be used to reach the target groups; (2) Developing and maintaining a mailing list, including telephone numbers, of those identified in paragraph 1(b)(1) (this list would be available to Bonneville upon request); (3) Arranging for and/or conducting briefings with local building designers and developers on the purpose and availability of the services; (4) Maintaining contact with these groups to assist in Program promotion and to receive feedback on how well the Program is functioning; and (5) Placing promotion placards and/or marketing materials on utility office counters. • (c) Screen Inquiries. (1) The Utility shall screen inquiries concerning the availability of design assistance to determine that: • Exhibit A, Page 2 of 5 Contract No. DE-MS79-88BP92542 06/10/88 (A) The building is to be served by the Utility. If the building is outside the Utility's service territory but within the service territory of a current firm requirements customer of Bonneville, the Utility shall refer the inquiry to the Contracting Officer's Technical Representative (COTR) identified in the Agreement to determine eligibility; (B) The building design and construction schedule has sufficient flexibility and is at a stage where design assistance can result in efficiency recommendations that can be incorporated into the design; and (C) The owner, developer, and design team have an interest in receiving design assistance. (2) After the initial screening, the Utility shall refer eligible building projects to the COTR identified in the Agreement with a "request for assistance." A sample "Request for Assistance" form is shown in Exhibit C. • (d) Verification. Verification of use and implementation of the design assistance recommendations will be done by the Utility or Bonneville as mutually agreed in writing. (1) After Bonneville or its agent delivers the Building Design Assistance Report to the owner, developer, or design team, a followup interview will be done in person or by telephone to verify whether the design assistance recommendations will be implemented. A written statement stipulating the intent to implement measures necessary to reach the minimum award level listed in Exhibit D, signed by the owner or developer or their agent, must be received by the COTR identified in the Agreement before a site sign will be provided. (2) Upon completion of a project, a followup site inspection and an interview will be conducted with the design team, owner, or developer to determine whether or not the building incorporated the design assistance recommendations necessary to meet the requirements for an award listed in Exhibit D. A written statement listing the measures installed and the efficiency level reached must be received by the COTR identified in the Agreement before an award can be considered. The statement shall be written by the person conducting the verification inspection and signed by that person and a representative of the owner. • • Exhibit A, Page 3 of 5 Contract No. DE-MS79-88BP92542 06/10/88 (e) Awards. The Utility shall, in coordination with Bonneville, make recognition awards to the design team, owner, and/or developer when the building meets or exceeds the technical requirements of an award listed in Exhibit D. The Utility shall notify the COTR identified in the Agreement at least 2 weeks prior to the presentation of any award. (f) Record Keeping. The Utility shall maintain the following records as permitted by the Privacy Act of 1974. Information provided to Bonneville from these records shall be for evaluation purposes and will be treated as confidential. (1) All data necessary to support the report listed in Subsection 1(g) below, for a minimum of 1 year following termination of this Agreement; (2) A list of those contacts made and/or maintained as part of the Smart Design Program, including name, address, and telephone number of each; and • (3) Electrical billing records of completed buildings which receive the Program's services for a period of 3 years following occupancy to the extent permissible by legal and regulatory requirements. The requirement to maintain billing records may be waived for an individual building at the discretion of the Bonneville Area Manager in whose Area the building is located. (g) Smart Design Program Activity Report. A periodic report shall be prepared and submitted to the COTR identified in the Agreement. This report shall be prepared and submitted at least annually and no more frequently than quarterly. The exact frequency shall be determined by the COTR identified in the Agreement based upon the actual level of activity within the Utility's service territory. This report must be submitted within 30 days following the end of each period. A sample report form is shown in Exhibit E and can be copied and used for reporting purposes. This report shall include the following information: (1) Promotional Activities. Describe the progress during the reporting period toward implementing the promotional activities listed in the final Utility operating plan, with emphasis on the number and types of contacts that occurred (i.e. , contractors, architects, engineers, building owners or developers, associations, etc. ). If no activity has occurred, then a simple statement to that • effect will suffice. Exhibit A, Page 4 of 5 Contract No. DE-MS79-88BP92542 06/10/88 (2) Screening. Provide the number and types of requests for services and a summary of what occurred with those buildings (if known). Examples of this information are subject area of inquiry and disposition (i.e. , information, referrals, to who/what agency, and if rejected, why the project was not referred to the consultation stage). If no activity has occurred, then a simple statement to that effect will suffice. (3) Lessons Learned. If applicable, provide a narrative of the lessons learned during the reporting period with a focus on the problems encountered and the solutions implemented. (h) Other Program Procedures. In addition to the tasks listed above, the Utility shall: (1) Provide personnel and facilities to offer the services listed in Subsections 1(a) through 1(g) above; • (2) Attend training.sessions for Program orientation and operation (alternative training sessions will be arranged by the COTR identified in the Agreement if attendance at the formal training sessions is not possible); (3) Attend at least one Bonneville Program operator meeting each year (Bonneville may hold up to four Program operating meetings per year). This requirement may be waived by the COTR identified in the Agreement based upon the level of Program activity within the Utility's service territory; (4) Request permission from tenants, building owners, developers (i.e., whoever is the appropriate contact) to give Bonneville access to billing data on buildings which have received design assistance services, unless collection of this data is waived pursuant to paragraph 1(f)(3) of this Exhibit; (5) Agree to make Program records kept in accordance with Subsection 1(f) available to Bonneville or its contractors for evaluation purposes and provide personnel to assist with interpreting Utility records (information provided to Bonneville in compliance with this paragraph shall be treated confidentially in compliance with the Privacy Act of 1974), unless collection of this data is waived pursuant to paragraph 1(f)(3) of this Exhibit; and (6) Agree to give notice that Bonneville or its contractors, for each project where design assistance is performed, may require access to the building, design documentation, design team members, developers and owners for evaluation purposes. . Exhibit A, Page 5 of 5 Contract No. DE-MS79-88BP92542 06/10/88 2. Bonneville Furnished Property/Service. For each Utility that signs an option 3 Agreement with Bonneville under this Program, Bonneville will: (a) Upon receipt of a Request for Assistance, (1) Evaluate the request to determine whether the building project can benefit from available assistance; and (2) Notify the Utility within 30 days of Bonneville's decision of whether or not the building project qualifies for assistance under this Program. (b) Upon acceptance of the project under this Program, complete the following steps: (1) Assign Bonneville staff or an alternate service provider to the building project; and (2) Notify the Utility of the date the Building Design Assistance Report will be delivered to the owner, developer, or design team; or that assistance has been terminated. (c) Promote the Program regionally. (d) Provide Program operator training and Program notebooks. (VS6-PMCN-3673c) • Exhibit B, Page 1 of 1 • Contract No. DE-MS79-88BP92542 06/10/88 Referenced Documents Item 1. Program Solicitation, Energy Smart Design Assistance Program Utility Agreements, No. DE-PS79-88BP39138. Item 2. Bonneville's Model Conservation Standards Surcharge Policy, dated August 25, 1987. Item 3. Amendment No. 1 to the Program Solicitation, Energy Smart Design Assistance Program Utility Agreements, No. DE-PS79-88BP39138. (VS6-PMCN-3673c) • • Exhibit C, Page 1 of 1 • Contract No. DE-MS79-88BP92542 06/10/88 Sample Request for Assistance Form Directions: This form may be used to submit requests for assistance to Bonneville referenced in paragraph 1(c)(2) of Exhibit A. Photocopy and complete the following information. Date: Utility: We have screened the following request to participate in the Smart Design Program and determined the building to be eligible for assistance. Building: Building Address: • Owner: Telephone: Design Team Lead: Telephone: New C—I Remodeled Projected construction start date: Projected completion date: Planned size: square feet floors Planned use: (retail, office, etc. ) Please review this information and -arrange -for consultation. More detailed questions can be answered by the owner and/or design team lead listed above. • (VS6-PMCN-3673c) Exhibit D, Page 1 of 2 Contract No. DE-MS79-88BP92542 06/10/88 AWARDS 1. Energy Smart Award. (a) Technical Requirements. A project qualifies for the Energy Smart Award when the estimated electrical energy use of the building is at least 10 percent below that for the same building constructed to meet the MCS or to an MCS-equivalent code. If local codes define buildings which exceed the estimated MCS performance levels by X percent as determined by Bonneville's Code Equivalency Determination Procedure, then the estimated electrical energy use reduction, R, necessary to qualify for this award shall be: R = 10 - X If X is greater than 10 percent, then a project which meets local code automatically is eligible for this award. (b) Recognition. The design team and owner/developer may receive certificates • recognizing the energy efficiency of their building after verification that the completed building contains all energy-efficiency measures necessary to attain the performance level defined above. 2. Energy Edge Award. (a) Technical Requirements. A project qualifies for the Energy Edge Award when the estimated electrical energy use of the building is at least 30 percent below that for the same building constructed to meet the MCS or to an MCS-equivalent code. If local codes define buildings which exceed . the estimated MCS performance levels by X percent as determined by Bonneville's Code Equivalency Determination Procedure, then the estimated electrical energy use reduction, R, necessary to qualify for this award shall be: R = 30 - X If X is greater than 30 percent, then a project which meets local code automatically is eligible for this award. If a project qualifies for this award, the Design Team and Owner/Developer shall agree to provide additional information on the building in order to write a case study for promotion of the building. • Exhibit D, Page 2 of 2 • Contract No. DE-MS79-88EP92542 06/10/88 (b) Recognition. Recognition may include: (1) Certificates of recognition for the design team and owner/developer; and/or (2) Architectural plaques that are to be permanently attached to the building recognizing its energy efficient design. Installation of the plaques will be at the owner's expense; and/or (3) Publicity for the design team and owner and/or developer, such as announcements or notices in utility newsletters or local newspapers or other publications; and/or (4) A press event to publicize the opening of the building qualifying for this award. (VS6-PMCN-3673c) • Exhibit E, Page 1 of 1 •' Contract No. DE-MS79-88BP92542 06/10/88 Sample Periodic Activity Report For Directions: This form may be used to submit the periodic activity report information described in Subsection 1(g) of Exhibit A. Photocopy and complete the following information. Reporting Period: Utility: (1) Promotional Activities: (a) _� No Activity. (b) Summary of Activity: • (2) Screening: (a) �_ No Activity. (b) Summary of Activity: (3) Lessons Learned: (a) _� No Activity. (b) Summary of Lessons: • (VS6-PMCN-3673c) Draft OPERATING PLAN Energy Smart Design Program ( City of Ashland, Oregon The City of Ashland plans to aggressively promote the Energy Smart Design Assistance Program to builders and designers of new commercial buildings built within Ashland's service territory. We feel that design assistance can be very beneficial to our. customers by helping them reduce their monthly energy costs. Also, it can benefit the utility by promoting energy efficient new loads on our electric system. PERSONNEL The program will be operated by the City's Energy Conservation Coordinator, Dick Wanderscheid. He will be BPA's point of contact with the City of Ashland, and we will also perform promotion, screening of applications, verification, award presentation, record keeping and reporting. It is anticipated that he can accomplish all of these tasks; however, additional staff assistance for promotion and screening of applications could come from the City's Planning Division. Additional staff assistance for verification, award presentation, record keeping and reporting could come from the City's Conservation Division if necessary. 'PROMOTION The City of Ashland, being a municipal electric utility, has a built in process which can be used to promote the availability of the Energy Smart Design Assistance Program. Since the Department of Community Development includes the Planning Division, the Building Division and the Energy Conservation Division, by working together, we can make every new commercial building developer aware that design assistance is available for their new buildings. The City's Energy Conservation coordinator routinely provides written or oral comments related to energy efficiency on all pre- planning or planning applications. He attends all planning staff meetings where new applications are discussed and all pre- construction conferences. Therefore, the existing planning process already provides an early point of contact where the Energy Conservation Staff can make applicants aware of the availability of design assistance and its value. Using this existing process will be the major focus of our promotion for the Energy Smart Design Assistance Program. We will also do a mailing to all Rogue valley architects, designers and commercial building developers which will alert them to the availability of design assistance if they are involved with • new commercial buildings constructed in the City of Ashland's service territory. C Also, since the City's Conservation Division is an active member in the Jackson County Homebuilder's Association, we will use our membership in that group to further promote the availability of the Design Assistance Program. Based on these promotion activities and a firm desire by the City to make this program effective, we feel very confident that a high percentage of eligible buildings will take advantage of design assistance and that the majority of these will implement the measures recommended by the design team. If this does not turn out to be the case, we will re-evaluate our strategy and change it such that the program will successfully impact the majority of new commercial buildings constructed in Ashland.