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HomeMy WebLinkAbout1991-08 Energy Smart Design Assistance Program RESOLUTION NO. 91- O?( A RESOLUTION OF THE CITY OF ASHLAND AUTHORIZING THE MAYOR AND CITY RECORDER TO SIGN AND EXECUTE AMENDATORY AGREEMENT NO.2 TO THE ENERGY SMART DESIGN ASSISTANCE PROGRAM WHEREAS, the City of Ashland is already implementing the Energy Smart Design Assistance Program; and WHEREAS, Bonneville Power Administration is offering an amendment to the agreement to pay for some of the implementation costs; and WHEREAS, the administrative money will allow the City to implement the program more effectively; NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council as follows: The Mayor and City Recorder are hereby authorized and directed to sign on behalf of the City, Amendatory Agreement NO.2 to the Energy Smart Desi~,n Assistance Program. The foregoing Resolution was READ and DULY ADOPTED at a re~lular meeting of the City Council of the City of Ashland on the ,-,;''1<e1' day of Gr,;;:-:b<:~j; , 1991. I ../ ,>-1 ~ ," /- '/4!'u~, ? ' '/ /.' a ".,<>Ik-c:_-_ Nan E. Franklin City Recorder SIGNED and APPROVED this'o//day of / > /, ' , / , 11991. ~ - ''i /. ?v-c/~ ~~ ~__ _. Catherine M. Golden Mayor Department of Energy Bonneville Power Administration Eugene District Office 211 East 7th Avenue Eugene. OR 97401-2722 March 18, 199J In reply refer to LG Mr. Brian Almquist City Administrator City of Ashland - City Hall Ashland, Oregon 97520 Dear Brian: Please find enclosed Amendatory Agreement No. 2 to your Energy Sma:rt Design (ESD) Option 3 Letter Agreement with the Bonneville Power Anministration (Bonneville). This amendment will provide a base ailministraUve amount for the promotion of the program and other activities and funding for utility-provided prescriptive path design assistance services. In addition, lump sums will be paid for verified Energy Smart and Energy Edge buildings constructed in your service territory. It is important to note that acceptance of this amendment is not mandatory to continuing participation in ESD. However, you utility has nothing to lose by signing. Each of the funding components are mutually exclusive. All Option 3 utilities signing; this amendment will receive the base administrative amount whether you intend to utilize prescriptive path for your commercial customers or not. It is also important to note that signing this amendment :Ln no way limits your access to the Alternative Serv~ce Providers (ASP). If this amendment is acceptable to your utility, please sign both eopies. Return one copy to Ray Hiley, your COTR and retain one copy for your fUes. Please also provide an originally signed copy of the resolution or the meeting minutes authorizing execution of this agreement. In the meantime, please 00 not hesitate to call Ray at 465-6955 if you have any questions regarrling this amendment. Sincerely, -"'/'/ -:::::.---:::/ .-/' . ~-~--;:.;::::--::, . ....." c . ~.., .,-:1-- ,/ -- .. ".-. ---~ .' / '- ~ ~- ~:.------ ~ ./ .. -':'-' - .--...-.--.. ~ ..' ........- ----:_-"'~----- Boh--I:af-t'ir Eugene District Manager Department of Energy Bonneville Power Administration P.O. Box 3621 Portland, Oregon 97208-3621 ". ,-" "'I', : - '-' j In reply refer to: PMC E Amendatory Agreement No. 2 Contract No. DE-MS79-88BP92542 Procurement No. 76047 Energy Smart Design Program (Option 3) Mr. Brian L. Almquist City Administrator & General Manager City of Ash 1 and 20 East Main Ashland, OR 97520 Dear Mr. Almquist: This letter constitutes an Amendatory Agreement between the Bonneville Power Administration (Bonneville) and City of Ashland (Utility). On September 6, 1988, the parties executed an Energy Smart Design Program Option 3 Agreement (Option 3 Agreement). The Option 3 Agreement described the procedures to be followed when delivering services under Option 3 of the Energy Smart Design Assistance Program (Program). Bonneville agreed that if the Utility participated in Option 3 of the Program and made good faith efforts to perform the tasks outlined in the Option 3 Agreement, the Utility will have met the requirements set out in Bonneville's Model Conservation Standards Surcharge Policy. Since that date, the Utility has requested that it be allowed to become more active in promoting Program participation and/or providing design assistance services to its customers using the Prescriptive Path Manual. Bonneville agreed that if a Utility became more active under Option 3 of the Program, Bonneville would provide funding support for those activities. Therefore, Bonneville offers this Amendatory Agreement under the following terms and conditions. This Amendatory Agreement supersedes and replaces in its entirety the executed Option 3 Agreement. 1. Ienn. (a) This Amendatory Agreement shall become effective at 2400 hours on the date the Utility signs and shall continue in effect until 2400 hours on September 30, 1992, unless terminated as provided herein. All obligations arising from this Amendatory Agreement shall be preserved until satisfied. (b) The Utility or Bonneville may terminate this Amendatory Agreement upon 30 days written notice to the other party. 2 (c) Bonneville may also terminate this Amendatory Agreement pursuant to section 5(c) below. 2. Utility Eligibility. This Amendatory Agreement is available to only those utilities within the Pacific Northwest who meet the following requirements: (a) The Utility is a firm requirements customer of Bonneville; and (b) The Utility wishes to execute or has executed an Option 3 Agreement and is not currently operating under any other signed agrl~ement 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 Program Forms), and Exhibit D (Program J\wards) are hereby attached and made a part of this Amendatory Agreement. The definitions applicable to this Amendatory Agreement are found in Exhibit 3 to Item 1 of Exhibit B. (b) The general contract provisions applicable to this Amendatory Agreement are listed in Section D to Item 1 of Exhibit B and by this reference are made a part of this Amendatory Agreement. For the purposes of this Amendatory Agreement, the terms Project Technical Representative, Recipient, and Award as used in these provisions shall mean Contracting Officer's Technical Representative, Utility, and this Amendatory Agreement, respectively. All sections of the referenced general contract provisions apply to this Amendatory Agreement except for the following: D-l; D-l. 15; D-l.18; D-l.21; D-l.22; D-l.23; D-2.2; D-2.5; D-2.6; D-2.8; and D-2.10. 4. Offer of Agreement. Upon signature by Bonneville, this Amendatory Agreement shall be offered to the Utility for execution. This offer to the Utility shall remain open through 90 days from the date that Bonneville signs the Amendatory Agreement. If this Amendatory Agreement is not executed within the specified time period, the offer of this Amendatory Agreement shall expire and Bonneville shall have no further obligations under this proposed Amendatory Agreement. 5. Order of Precedence. In the event of an inconsistency between provisions of this Amendatory Agreement, the inconsistency shall be resolved by giving precedence in the following order: (a) this Amendatory Agreement including the attached exhibits; (b) the referenced documents; and (c) the Utility's operating plan. 6. Procedures. (a) The Utility agrees to comply with the Program Procedures described in Exhibit A to this Amendatory Agreement. (b) If the Utility is in compliance with this Amendatory 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 compliilnce with this Amendatory Agreement, Bonneville will terminate this Amendatory Agreement upon 30 days 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. 7. Application Procedure. (a) Concurrent with an originally signed copy of this Amendatory Agreement, the Utility will submit a draft operating plan" pursuant to section 1 of Exhibit A, and designate a Utility point of contact for this Amendatory Agreement to Bonneville, if the Utility has not already done so under the prior Program Agreement. (b) If the Utility will be providing design assistance servicE!s using the Prescriptive Path Manual, the Utility shall submit an addendum to their operating plan to Bonneville to describe how those services will be provided under this Amendatory Agreement. (c) The Utility will submit a final operating plan or addenduM to their final operating plan to Bonneville within 45 days after receipt of Bonneville's comment on the draft operating plan or addendum. 8. Contracting Officer's Technical Representative. The Contracting Officer's Technical Representative (COTR) identified below is the Bonneville point of contact for this Amendatory Agreement. Bonneville Power Administration Eugene District Office Federal Building, Rm. 206 211 East 7th Avenue Eugene, OR 97401 ATTN: Ray A. Wiley - LG Contracting Officer's Technical Representative Phone: (503) 465-6955 Bonneville may change or supplement such address or specified person by giving the Utility written notice of such change. 4 9. Indemnification. The Utility agrees to hold Bonneville harmless against any judgment for direct or consequential damages awarded to third parties arising from or related to the Utility's performance of its obligations under this Amendatory Agreement. However, the Utility shall not indemnify and hold harmless Bonneville, but Bonneville shall indemnify and hold h,~rmless the Utility from any claim, demand, damage, loss, liability, and expense, including, but not limited to, reasonable attorney's fees, arising from or related to the Utility's performance of its obligations under this Amendatory Agreement, if the Utility's performance is in the manner required by this Amendatory Agreement and if the claim, demand, damage, loss, liability, or expense is based on standards or design requirements of the Program identified in this Amendatory Agreement. Bonneville will not indemnify and hold the Utility harmless unless the Utility gives written notice to Bonneville within 30 days of the Utility's receipt of written notice of a claim being made against the Utility under this Amendatory Agreement. This section shall apply only to acts or omissions arising out of this Amendatory Agreement. This provision shall survive the termination of this Amendatory Agreement, terminating only when all periods under any applicable statutes of limitation have lapsed. 5 10. Signature Clause. Each party hereto represents that it has the authority to execute this Amendatory Agreement and that it has been duly authorized to enter into this Amendatory Agreement. If these provisions are acceptable, please sign both copies of th1$ Amendatory Agreement and return one copy to Bonneville. The remaining copy i~) for your files. Please also provide an originally signed copy of the resolution or the board or city council meeting minutes authorizing execution of th1$ Amendatory Agreement. Sincerely, L d ~-k(}~A( Assistant Administrator for Energy Resources ACCEPTED: CITY OF ASHLAND By //' /:..;~~~~ <. " ),:. ,^j;, .r;;':. ,_ / T1 t1 e ~.J7 /}./ ,', /-, ,. c " '. I.' J_ ,/ Date ../ - j 5-/ ATTEST: 2 /~.. By <---. 'd/./ t!; d,4.' 'k:./fd,x-- / Title {lJ/,,:_flh'/ Date -,/ ~ (VS6-PMCE-WP+360) Exhibit A, Page 1 of 11 Contract No. DE-MS79-88BP92542 Procurement No. 76047 Effective on the Effective Date PROGRAM PROCEDURES 1. Operating Plan. (a) The Utility shall submit a draft operating plan at the time the Amendatory Agreement is signed. That operating plan will include: (1) A list of assigned personnel who will support Program activities and their roles; and (2) A local promotion plan (see section 2 below). (b) The Utility shall submit a final operating plan within 45 days following the receipt of Bonneville's comment on the draft operating plan. 2. 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: (a) Identifying building designers, developers, and other parties interested in commercial building efficiency and developing a local marketing strategy to be used to reach the target groups; (b) Developing and maintaining a mailing list, including telephone numbers, of those identified in section 2(a) of this Exhibit (this list would be available to Bonneville upon request); (c) Arranging for and/or conducting briefings or consultations with building owners, designers, and developers on the purpose and availability of the services; (d) Maintaining contact with these groups to assist in Program promotion and to receive feedback on how well the Program is functioning; and (e) Placing promotion placards and/or marketing materials on Utility office counters. 3. Screen Inquiries. (a) The Utility shall screen inqulrles concerning the availability of design assistance to determine that: Exhibit A, Page 2 of 11 Contract No. DE-MS79-88BP92542 Procurement No. 76047 Effective on the Effective Date (1) 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 Amendatory Agreement to determine eligibility; (2) 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 (3) The owner, developer, or design team have an interest in receiving design assistance. (b) After the initial screening, the Utility shall refer eligible building projects to the COTR with a "Request for Assistance," unless the Utility provides design assistance through the Prescriptive Path Manual. A sample "Request for Assistance" form is shown 'in Exhibit C. (c) Bonneville will 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. 4. Design Assistance. (a) Upon Bonneville's acceptance of the project under this Program, Bonnev i 11 e vii 11 : (1) Assign Bonneville staff or an Alternative 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. (b) When design assistance is provided by the Utility, the following provisions shall apply: (1) The Utility shall attend a Bonneville approved training session on use of the Prescriptive Path Manual prior to providing design assistance services with it. This may be formal training Exhibit A, Page 3 of 11 Contract No. DE-MS79-88BP92542 Procurement No. 76047 Effective on the Effective Date sessions provided by Bonneville contractors, one-on-one training by Bonneville staff, or other opportunities as approved by the COTR. (2) The Utility shall perform the following tasks if design assistance is provided using the Prescriptive Path Manual: (A) The Utility shall provide design assistance service using the Prescriptive Path Manual. (B) The Utility shall select Measures for small, simple buildings following the procedures described in the Prescriptive Path Manual. However, some building types not explicitly specified or buildings larger than l:~,OOO square feet may be also be provided design assistance through the Prescriptive Path Manual. Also, small bUildings with complex systems or special features may be more appropriately analyzed by individual computer energy modeling. Contact the COTR for approval and/or assistance with either of the above cases. (C) The Utility shall prepare the Building Design Assistance Report (BDAR) using the Prescriptive Path Manual. The report will address each of the following topic elements: (i) Complete a copy of the Project Information Worksheets from section 4 of the Prescriptive Path Manual. (ii) Complete a copy of the Final Design Strategy Worksheet from section 6 of the Prescriptive Path Manual, describing what the final recommended Measures are. Specify (1) what type of fuel is used for heating or potable hot water, (2) whether a cooling system is planned, and (3) in which climate zone the building will be sited. (List the climate zone after the "Strategy Set" on the "Straltegy Set ID" line.) (iii) Complete the Building Shell Trade-Off Calculations, if applicable. (iv) Include a copy of at least one Technical Description Sheet for each recommended Measure in the appropriate Prescribed Design Strategy Set selected from section 7 of the Prescriptive Path Manual. (v) Provide a copy of the Environmental Recommendations (Item 5 of Exhibit B) to the building owner if any of Exhibit A, Page 4 of 11 Contract No. DE-MS79-88BP92542 Procurement ~o. 76047 Effective on the Effective Date the Measures recommended are listed in the Environmental Recommendations. (D) The Utility shall present the BDAR to the building owner, developer, or their agent. (E) The Utility shall check the final building plans and specifications to verify that all elements of the "Final Design Strategy" were incorporated. If there are substantial changes from the recommended "Final Design Strategy", the Utility shall update the Prescriptive Path Verification worksheet for the final BDAR. (F) The Utility shall provide a copy of the final BDAR to the COTR upon completion or as directed by the COTR. (3) The Utility shall report each building receiving services under section 4(b) above in the Activity Report identified in section 13(a) of this Exhibit. 5. Verification. Verification of use and implementation of the design assistance recommendations will be done by the Utility or Bonneville as mutually agreed in writing. (a) After the BDAR is delivered to the owner, developer, or their agent, the Utility shall conduct a followup interview to verify ~ihether 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, developer, or their agent, must be received by the COTR before a site sign will be provided. (b) Upon completion of a project, the Utility or Bonneville shall: (1) Conduct a followup site inspection(s) to determine whether all elements of the "Final Design Strategy" or BDAR were incorporated into the completed building. Inspection(s) will be conducted at such times that the installation of recommended measures are visible. (2) Prepare a new "Final Design Strategy" worksheet by completing the Prescriptive Path Verification worksheet or update the BDAR depicting the as-built building if it is different from the previously prepared "Final Design Strategy" or BDAR. (3) Verify that the completed building qualifies for a Program award. Exhibit A, Page 5 of 11 Contract No. DE-MS79-88BP92542 Procurement No. 76047 Effective on the Effective Date 6. Awards. The Utility shall, in coordination with Bonneville, make recognition awards to the owner, developer, or design team, when the building meets or exceeds the technical requirements of an award listed in Exhibit D. Prior to granting of the award, an inspection, performed by the Utility or by other Bonneville-approved personnel, shall verify that the completed building contains all energy-efficiency Measures necessary for the attainment of the required performance level by completing and submitting the Prescriptive Path Verification worksheet. The Utility shall notify the COTR at least 2 weeks prior to the presentation of any award. 7. Other Program Procedures. (a) Utility Furnished Material and Labor. The Utility is expected to supply all other labor and materials necessary to operate the Energy Smart Design (ESD) Program. In addition to the tasks listed above, the Utility shall: (1) Provide personnel and facilities to offer the servicl~s listed in sections 1 through 6 above; (2) Attend training sessions for Program orientation and operation. Alternative training sessions will be arranged by thl~ COTR if attendance at the formal training sessions is not possible; and (3) Attend at least one Bonneville Program operator meeting each year. Bonneville may hold up to four Program operator meetings per year. This requirement may be waived by the COTR based upon the level of Program activity within the Utility's service territory. (b) Bonneville Furnished Property/Service. For each Utility that signs an Option 3 Agreement with Bonneville, Bonneville will provide the following: (1) Prescriptive Path Manual (dated 6-30-90) and any updates, supplements or modifications to it. (2) Provide ESD Program Technical and Non-Technical notebooks and any updates, supplements or modifications to it. (3) Notice of approved training opportunities including periodic updates. (4) High quality copies of the Project Information Sheet (2 pages) and the Final Design Strategy sheet from the Prescriptive Path Manual for the Utility to copy and complete when providing design assistance services using the Prescriptive Path Manual. These copies are available from the COTR upon request. Exhibit A, Page 6 of 11 Contract No. DE-MS79-88BP92542 Procurement No. 76047 Effective on the Effective Date (5) Award certificates and/or building plaques to recognize buildings which received ESD Program services and qUi~lify for a ESD Program Award. (6) Informational brochures on the ESD Program for the Utility to use in local promotion of the program. (7) Regional advertising supporting the ESD Program. (8) ESD Program Site Signs for placement at the building site during the construction period. (9) Access to information and demonstration services from organizations such as the Electric Ideas Clearinghouse, Lighting Design Lab, and EPRI. Information on how to access these resources will be available from the COTR. (c) The Utility shall coordinate activities between the build'ing owner, developer, or their agent, the service provider, and Bonneville to the extent possible during and after provision of Design J\ssistance to encourage efficiency Measures being incorporated into the project. 8. Allowable Expenditures. Bonneville shall pay the Utility for the following: (a) Administrative Allowance. (1) Actual costs will not be paid for items covered by the administrative allowance. Instead, a flat amount wi~ll be paid in accordance with paragraph 8(a)(2) below. Administrative funding is intended to cover a portion of a utility's costs for providing: (A) Consultations; (B) Verification; (C) Travel not specifically incurred in performing design assistance; (D) Record keeping and reporting; (E) Equipment, computer charges, and software programs; or (F) Any other tasks not specifically covered by section 8(b), Design Assistance Allowance. Exhibit A, Page 7 of 11 Contract No. DE-MS79-88BP92542 Procurement No. 76047 Effective on the Effective Date (2) Base Administrative Allowance. (A) Bonneville shall pay the Utility a base administrative allowance annually of $500.00, subject to the cost sharing provisions in section ll(a) of this Exhibit. (B) The Utility may request the total base administrative allowance identified in section 8(a)(2)(A) at the beginning of each budget year to use as needed for the types of tasks listed in sections 2, 3, 5(a), 6, and 7, and section 4(b)(1) of this Exhibit. The Utility shall submit a DOE Form F 6200.9 and an Activity Report as shown in Exhibit C to the COTR to request such base administrative allowance. (3) Administrative Fee for Completed Award Buildings. The administrative fees identified below are subject to the cost sharing provision in section ll(b) of this Exhibit. (A) Utility Provided Design Assistance. Bonneville shall pay the Utility for each completed Building for which the Utility provided design assistance through the Program and which qualifies for the identified award in accordance with Exhibit D. Bonneville shall pay the Utility (1) $600.00 for each Building which qualifies for an Energy Smart Award; and (2) $800.00 for each Building which qualifies for an Energy Edge Award. (B) Bonneville/Alternative Service Provider Provided Design Assistance. Bonneville shall pay the Utility for each completed Building for which Bonneville or an Alternative Service Provider provided the design assistance through the Program and which qualifies for the identified award in accordance with Exhibit D. Bonneville shall pay the Utility (1) $100.00 for each Building which qualifies for an Energy Smart Award; and (2) $300.00 for each Building which qualifies for an Energy Edge Award. (4) The Utility may request the administrative fee for completed award buildings identified in section 8(a)(3) of this Exhibit on a quarterly basis or as approved by the COTR following completion of all tasks identified in sections 5 and 6 of this Exhibit. The Utility shall submit a DOE Form F 6200.9 and an Activity Report as shown in Exhibit C to the COTR to request such administrative fee. Exhibit A, Page 8 of 11 Contract No. DE-MS79-88BP92542 Procurement No. 76047 Effective on the Effective Date (b) Design Assistance Allowance. The purpose of this allowance is to cover costs incurred by the design team or Utility in providing recommendations and a BOAR to the building owner, developer, or design team on efficient strategies using the Prescriptive Path Manual. (1) Bonneville shall pay the Utility $200.00 for each completed BOAR received by Bonneville, subject to the cost sharing provision in section ll(c) of this Exhibit. (2) The Utility may request payment for qualifying design assistance costs on a quarterly basis or as approved by the COTR following completion of all tasks identified in section 4(a)(2) of this Exhibit. The Utility shall submit a DOE Form F 6200.9 and an Activity Report as shown in Exhibit C to the COTR to request such design assistance costs. 9. Budget. (a) Budget Periods. (1) The initial bUdget period shall be from the date the Utility signs this Amendatory Agreement through the following September 30, 1991. (2) An additional budget will be established for the 12 month budget year operating from October 1, 1991, through September 30, 1992. There will be no additional budget periods after September 30, 1992, under this Amendatory Agreement. (b) Budget Worksheet. (1) The Utility shall submit an initial budget worksheet no later than 30 days after the date the Utility signs this Amendatory Agreement. This initial bUdget worksheet may not cover a full 12 month period. The utility may request the full base administrative budget if the budget year is less than 12 months. The other budget category estimates shall reflect the actual numbers estimated to occur from the date the Amendatory Agreement is signed through the end of the Budget Year. A sample worksheet is shown in Exhibit C. (2) The Utility shall submit a new bUdget worksheet, 3 months prior to the beginning of the additional budget period, if applicable. Exhibit A, Page 9 of 11 Contract No. DE-MS79-88BP92542 Procurement No. 76047 Effective on the Effective Date (c) Budget Approval. Budgets will be approved by Bonneville at least 1 month prior to the beginning of the budget year. (d) Program administrative and design assistance funding levels will be evaluated prior to each new budget period. Bonneville will notify utilities of any changes in the criteria for funding prior to the start of each new budget period. 10. Pavment. (a) Bonneville shall authorize payment to the Utility after Bonneville's receipt and approval of the report identified in section 13(a) of this Exhibit. Bonneville shall pay the Contractor no later than 30 calendar days after Bonneville's receipt and approval of each such report. (b) Bonneville will provide payments to the Utility through SE~ptember 30, 1993, to pay for BUildings completed after Program activity ends on September 30, 1992. 11. Cost Share. (a) Administrative funding approved in section 8(a) shall be reduced by the Utility's cost share percentage listed in the Bonneville Cost Share Policy in effect for the Fiscal Year for which the budget is approved. (b) Administrative funding approved in section 8(c) for comple!ted buildings qualifying for a Program award shall be reduced by the Utility's cost share percentage listed in the Bonneville Cost Share Policy in effect for the Fiscal Year for which the budget is approved. (c) The funding for design assistance services approved in section 8(b) will not be subject to cost share during FY 1991. However, beginning in FY 1992, funding for design assistance services may at Bonneville's option be reduced by the Utility's cost share percentage listed in the Bonneville Cost Share Policy in effect for the Fiscal Year for which the bUdget is approved. 12. 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. The Utility shall maintain the following information for a period of 3 years following termination of this Amendatory Agreement, and make it available for Bonneville review upon request. (a) All data necessary to support the reports listed in section 13 below; Exhibit A, Page 10 of 11 Contract No. OE-MS79-88BP92542 Procurement No. 76047 Effective on the Effective Oate (b) A list of those contacts made and/or maintained for this Program, including name, address, telephone, and FAX numbers of each; (c) Copies of each completed BOAR using the Prescriptive Path Manual pages; (d) Copies of "Prescriptive Path Verification" worksheets for completed buildings; (e) Record of post-service followup verifications conducted for each project pursuant to sections 5(a)(1) and 5(b) of this Exh'bit; (f) For all Buildings receiving services under this Program, copies of the electrical billing records (individual monthly or bi-monthly meter readings plus dates) for the 24-month period immediately following: (1) verification of the Building pursuant to section 5(b) of this Exhibit, and (2) occupancy of the Building; and (g) Number of service connects of new and major renovation commercial buildings. 13. Reporting. The following reports shall be submitted to the COTR: (a) An Activity Report containing the information shown on the sample report form in Exhibit C. This report shall be prepared and submitted at least annually and no more frequently than monthly, to be received no later than 15 days following the period for which reporting is being submitted. The exact frequency shall be determined by the COTR based upon the actual level of activity within the Utility's service territory. (b) A BOAR for each Building provided design assistance services using the Prescriptive Path Manual containing the information identified in section 4(b)(2) of this Exhibit. Submission of BOAR's shall occur upon completion or as approved by the COTR. (c) Copies of "Prescriptive Path Verification" worksheets upon completion or as approved by the COTR. 14. Program Evaluation. The Utility will cooperate with Bonneville staff or individuals under contract to Bonneville to evaluate the effectiveness and accomplishments of the Program. Bonneville will work with each Utility to identify the types of information which may be needed which differs from that already requested on the sample worksheets and reporting forms and Exhibit A, Page 11 of 11 Contract No. DE-MS79-88BP92542 Procurement No. 76047 Effective on the Effective Date information may be requested in order to establish comparison qroups of buildings for evaluation of the Program. To support this evaluation, the Utility shall: (a) Request permission from tenants, building owners, developE!rs (i .e., whoever is the appropriate contact) to give Bonneville access to billing data on buildings which have received design assistance services; (b) Agree to make Program records kept in accordance with section 12 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 section shall be treated confidentially in compliance with the Privacy Act of 1974); and (c) 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. 15. Di~osition of No~-Expendable Property. Property purchased by the utility with funds from this agreement will be considered the property of the utility upon acquisition. The utility will retain unrestricted title to the property at the conclusion of the project. (VS6-PMCE-WP+360) Exhibit B Contract No. DE-MS79-88BP92542 Procurement ~o. 76047 Effective on the Effective Date 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, as amended. Item 3. Amendment No.1 to the Program Solicitation, Energy Smart Design Assistance Program Utility Agreements, No. DE-PS79-88BP39138. Item 4. Energy Smart Design Prescriptive Path Manual, dated June 30, 1990, and any updates, supplements or modifications to it. Item 5. Environmental Recommendations, dated 12/11/90. Item 6. Commercial Environmental Requirements, dated November 5,1990. (VS6-PMCE-WP+360) Exhibit C Contract No. DE-MS79-88BP92542 Procurement No. 76047 Effective on the Effective Date Program Forms The following is the list of Program forms included in this Exhibit: Request for Assistance (sample); Budget Worksheet (sample); Activity Report (sample); Prescriptive Path Verification Worksheet (sample); and Monthly Financial Summary Statement (DOE Form 6200.9). (VS6-PMCE-WP+360) SAMPLE Energy Smart Design Program Option 3 REQUEST FOR ASSISTANCE Directions: This form may be used to submit requests for assistance to Bonneville as referenced in section 3( b) 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 assistan4~e. Building: Building Address: Owner: Telephone: Design Team Lead: Telephone: ( ) ( ) New 0 Remodeled 0 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-PMCE-WP+360) SAMPLE Energy Smart Design Program Option 3 BUDGET WORKSHEET Utllity Name: Contract No./Procurement No.: Budget Year: From: To: 1. Base Administrative Funding a. Base Administrative Budget: $ b. Cost Share Percentage, if less than 100% (75% = 0.75): c. Base Administrative Budget (LineJ.axLineJ.b): $ 2. Administrative Fee Completed Award Building(s) Funding Estimate the number of ESD Projects expected to be completed during the budget period which qualify for an ESD Program Award. Estimate these numbers according to whether the Utility or Bonneville (or an Alternative Service Provider (ASP)) will provide the design assistance service for the specific building: a. UtilRy Provides Design Assistance Service (1) Energy Smart Award Level: _____ (# Bldgs) (2) Energy Edge Award Level: (# Bldgs) (3) Subtotal (Line2.a(1)+Line2.a(2)): X $600.00 = $ X $800.00 = $ $~ b. Bonneville or ASP Provides Design Assistance Service (1) Energy Smart Award Level: _____ (# Bldgs) X $100.00 = $ (2) Energy Edge Award Level: (# Bldgs) X $300.00 = $ (3) Subtotal (Line2.b(1) + Line 2.b(2)): $ Design Assistance Budget = _____ (# BOAR's) X $200.00 = $ Total Budget Requested (Line J.e + Line 2.d + Line 3) : (VS6-PMCE-WP+360) $ SAMPLE Energy Smart Design Program Option 3 ACTIVITY REPORT Paqe 1 of 2 Utility Name: Contract No./Procurement No.: Reporting Period: From To Submit the following information to the COTR. Enter "0" if no act'ivity. 1. Service Connects: How many serv ice connects of new (and major renovation, if known) commercial buildings were made during th'is reporting period? New: Renovation: 2. Base Administrative Funding: Complete this section if requesting the IIBase Administrative Fundingll during this reporting period. Funding = $ x o. (Cost Share %) = $ 3. Administrative Fee for Completed Award Building(s): How many awards were presented to qualified buildings this period? a. Utility Provides Design Assistance: (1) Energy Smart: X $600.00 = $ (2) Energy Edge: X $800.00 = $ (3) Subtotal (Line3.a(1) + Line 3.a(2)): $ List Project Numbers: b. Bonneville or Alternative Service Provider (ASP) Provi des Des 'i gn Assistance: (1) Energy Smart: X $100.00 = $ (2) Energy Edge: X $300.00 = $ (3) Subtotal (Line 3.b(1) + Line 3.b(2)): $ List Project Numbers: c. Subtotal (Line3.a(3) +Line3.b(3)): d. Utility Cost Share, if less than 100% (75% = 0.75) e. Funding due Utility (Line3.cxLine3.d): $ o. $ 4. Design Assistance: How many BOAR's us i ng the Pre s cr i pt i ve Path Manua 1 were submitted to the COTR this period? Number of BOAR's: X $200.00 = $ List Project Numbers: SAMPLE Energy Smart Design Program Option 3 ACTIVITY REPORT Page 2 of 2 Uti 1 ity Name: Contract No./Procurement No.: Reporting Period: From To 5. Use this section to identify issues, solutions and opportunities for enhancing the Energy Smart Design Program. Include with this narrative any special events which have occurred during the reporting period or are scheduled to occur during the next reporting period. Note any chain stores or franchise operations which requested information and any buildings which might be considered for case studies or other cldditional publicity. Also note the approximate number and types of contacts promoti ng and coordi nati ng the ESD Program. Use additional ShE!ets if necessary. o Check if no comments 6. Total reimbursement due Utility this Reporting Period: a. Base Administration Funding (Line 2): Administration--Completed Award Building(s) (Line3.e): c. Design Assistance Funding (Line4): $ $ $ $ b. d. * Total: * Transfer this total to line 6.D of the Monthly Financial Summary Statement (DOE F 6200.9, formerly Bonneville 1418F) when requesting reimbursementt. Date Completed: Person Completing Form: APPROVED: Bonneville COTR Date (VS6-PMCE-WP+360) SAMPLE ENERGY SMART DESIGN PROGRAM PRESCRIPTIVE PATH VERIFICATION Project Reference No.: Contract Number Building Number C. Y. Measures Installed and Verified: Strategy Set Id: Building Type Strategy Set Id Climate Zone Building Shell Roof /Cei 1 i ng Insul a ti on % of Skyl i ghts Wall Insulation Above Grade Wall Insulation Below Grade Maximum Window/Door Area Windows/Doors Floor insulation, Slab Perimeter Floor Insulation, Under Floor HVAC Heating System Cooling System HVAC Controls/Auxiliaries Lighting Interior Lighting Budget Lighting Controls Miscellaneous Water Heating ___ Actual Square Footage PROJECT COSTS Prepared By: Verified Administrative Costs Date: (VS6-PMCE-WP+360) Exhibit D, Page 1 of 2 Contract No. DE-MS79-88BP92542 Procurement No. 76047 Effective on the Effective Date PROGRAM AWARDS A project qualifies for an Energy Smart Award or an Energy Edge Award when the building has had all the listed measures installed to meet one of the applicable Prescriptive Path Manual Energy Smart or Energy Edge Strategy Sets appropriate for the building type and climate zone or when it meets the technical requirements listed below. 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 Model Conservation Standards (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. Exhibit D, Page 2 of 2 Contract No. DE-MS79-88BP92542 Procurement No. 76047 Effective on the Effective Date 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. (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-PMCE-WP+360) Item 5 ENVIRONMENTAL RECOMMENDATIONS Note: These environmental recomm.endations apply when only design assistancE' is provided. Should incentives be offered through the Program, these environmental guidelines become "requirements." At that point, the Commercial Environmental Requirements dated November 5, 1990, must be followed in its entirety. Bonneville Power Administration (BPA) has conducted several environmental reviews related to energy conservation measures (ECM's) installed in commercial and institutional buildings. Based on these reviews and experience gained through operation of commercial programs, BPA has developed the following list of environmental recommendations. These recommendations shall be provided to the design team when they receive a Building Design Assistance Report from the utility or Alternative Service Provider. The decision to follow these recommendations rests with the individual with authority to make final design decisions for the building. Recommendations: 1. Indoor Air Ouality. Energy efficient designs should ensure that indoor air quality is not adversely affected. To accomplish this, the following guidelines should be considered: (a) Incorporate ASHRAE 62-89 outside air requirements for CFM per person rates. Continue to design equipment based on assumed occupancy or ASHRAE Standard 90.1 Occupancy Density. (b) BUildings built to be naturally ventilated should provide appropriate amount of openable windows and doors in order to supply sufficient amounts of outside air. At a minimum, the building should meet the Uniform Building Code ventilation requirements. (c) Intake and exhaust air vents should be placed so that the exhaust air or polluting sources outside are not drawn into the building through the intake air vent (e.g., air intakes away from such areas as parking garages or loading docks). 2. High Pressure Sodium (HPS) Lighting. (a) Mitigation Strategies. There are several environmental concerns associated with installation of HPS lighting. They include glare, color distortion, and stroboscopic (flicker) effect. Recommended mitigation strategies are outlined below: (1) Glare. (A) Use appropriate luminaire shielding. The source of the light should not be visible from any position above 45 degrees. (8) The reflector should be designed so that no image of the light source will be projected into the shielded zone. (C) Luminaires should be mounted above the normal line of sight. Luminaires mounted below 20 feet above the work plane should have a refractor lens or be specifically designed for mounting at low heights. (D) Indirect/ambient HPS systems can be utilized in office or similar work environments with high ceilings. Other types of supplementary lighting at specific task levels can help reduce or eliminate reflected glare. (2) Stroboscopic (Flicker Effect). (A) Luminaires should be arranged so that illumination for any one spot shall not come from any single luminaire. This is especially important in areas where rotating machinery is used. (8) HPS systems should be wired on three-phase systems, so that overlapping luminaires shall operate on separate phases. (3) Color Distortion. (A) HPS should not be utilized where good color rendition is critical to accomplishing a specific task. (8) Warning and exit signs should be illuminated independently by light sources with good color rendition such as incandescent, fluorescent, or metal halide. (C) Earthtone colors with a dull or matte finish should be utilized on surfaces surrounding the task. (b) Specific HPS Applications. Offices and institutional environments should use HPS only as indirect ambient illumination. HPS should not be utilized in classrooms primarily due to glare and stroboscopic effect. It should not be used in any industrial application where color discrimination is critical or where rotating machinery is used. HPS is not recommended for retail applications where good color rendering is important. HPS can be used successfully in most types of Harehousing operations or in storage areas. 3. Low Pressure Sodium Lightin~. Low pressure sodium lamps are not suitable for indoor use because they produce an unpleasant monochromatic light (yellowish tint). 4. Materials Containing Asbestos. Any materials containing asbestos should not be used. This includes insulating materials, siding, flooring, ceiling tiles, etc. 2 5. Urea Formaldehyde Foam Insulation (UFFI). UFFI should not be used in either new construction or existing building retrofits. The primary environmental concern is formaldehyde outgassing which could occur during installation. 6. Projects Involving Subsurface Resources fe.goo well water, directappll1cation geothermal. water source heat pump~. Projects affecting subsurface resources should consult with Federal, state, and local officials having jurisdiction over use of such resources. Early contacts during the design phase of a project will reduce needless delays during construction. Some information that likely will be necessary is: (a) Project description including purpose, site location, water source, pipeline route, and target facility. (b) Amount of water to be pumped, well size and depth, bottom-hole temperature, heat transfer mechanisms, and method of water discharge. (c) Construction necessary for system installation, land surface to be affected (e.g., forest, waterways, existing right-of-way) and current zoning of area. (d) Description of terrain and developed conditions within the project area. Include a description of geology/soil/hydrologic characteristics. (e) Description of the type, quantity, and disposal of the anti-corrosion and/or anti-scaling agents expected to be used in the system. The following agencies should be contacted for activities conducted in: Idaho: Department of Water Resources and the U.S. Environmental Protection Agency. Montana Department of Natural Resources and the Department of Health and Environmental Sciences. Oregon Department of Environmental Quality and the Department of Water Resources Washington Department of Ecology and the Washington Department of Natural Resources, Division of Geology and Earth Resources. 7. Ground and Water Source Heat Pumps. (a) Ground Source Heat Pumps. Toxic transfer fluids should not be used. In fact, some state and local codes may restrict the use of certain fluids. Consequently, appropriate state and local code officials should be contacted prior to installing a ground source heat pump. 3 (b) Water Source Heat Pumps. Water source heat pumps should follow the same recommendations as listed above for Subsurface Water Resources. 8. Solar Domestic Water (Potable) Heating Systems. Use of toxic transfer fluids should not be permitted. Toxic transfer fluids include, but are not limited to, methoxy propanol, isopropyl alcohol, ethylene glycol, and methyl alcohol. All proposals to install systems using non-toxic transfer media should be approved by an appropriate state or local code official or their delegate. 9. Swi~ming Pools. Buildings which contain swimming pools should ensure that adequate ventilation is provided in the swimming pool and surrounding deck areas. The current ASHRAE Standard 62 provides appropriate ventilation rates. (VS6-PMCE-WP+360) 4