HomeMy WebLinkAbout5.780 Original ContractJanuary 13, 2010
In reply refer to: KLK -1
Mr. Glenn A. Cutler
Director of Public Works Utilities
City of Port Angeles
321 East 5th
Port Angeles, WA 98362
Dear Mr. Cutler:
This letter is to inform you that the Bonneville Power Administration (BPA) has officially closed
out the City of Port Angeles' (Port Angeles) participation in the Conservation Rate Credit (CRC)
Program for the FY `07 -09 rate period. Port Angeles has fully expended its CRC funds.
If for any reason (e.g. oversight findings) adjustments need to be made to Port Angeles' claims
under the FY '07 -'09 CRC, these adjustments will be reflected in the FY '10-11 rate period.
Thank you for your participation. I look forward to working with you in future conservation
efforts.
P cere1
>T
Sheila Gardn
f icer's Technical Representative
cc:
Bob Kajfasz Port Angeles
Department of Energy
Bonneville Power Administration
P.O. Box 3621
Portland, Oregon 97208 -3621
ENERGY EFFICIENCY
Official File
JAN 25 2010
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Bonneville Power Administration
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"' S E P 2 8 2007 U
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September 24, 2007
In reply refer to: KLK-l
Mr. Glenn A. Cutler
Director of Public Works & Utilities
The City of Port Angeles
321 East 5th Street
Port Angeles, W A 98362
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Dear Mr. Cutler:
The City of Port Angeles' requestto add the Multisector Standard Offer (MSO) to Exhibit A of
Conservation Acquisition Agreement No. 06ES-10672 is approved. The MSO replaces the
current standard offers under this Agreement and incorporates the remaining budgets.
Pursuant to section 3(b) of the main body of the Agreement, Bonneville is sending notice of the
approval and has enclosed the revised Exhibit A which includes the MSO as Project 3.
"
Please feel free to contact me at (503) 230-5991 if you have any questions.
~
Sheila Gardn
Contracting
{
, s Technical Representative
Enclosure:
Exhibit A, Project 3, MSO
cc:
Bob Kajfasz - Port Angeles
Exhibit A
PROJECTS, ENERGY SAVINGS, AND PROJECT BUDGETS
PROJECT 3, MULTISECTOR OFFER
Effective on September 24, 2007
The Nippon compressed air custom project proposal that was approved under the
ConAug C&ISO and later transferred to the CAA-C&ISO has been cancelled. Port
Angeles will not invoice this project under the MSO and BP A is not obligated to
provide payment for this project under the MSO. However, the funds that were set
aside for the aforementioned project are included in the MSO Implementation
Budget and are available for Port Angeles to use on other projects.
1. PROJECT 3 DESCRIPTION
The Multisector Offer (MSO) provides reimbursements for custom Sub-Projects1 and
deemed Measures. Port Angeles shall implement this Project in accordance with the
terms of this MSO to receive reimbursements from BP A.
(a) On the Effective Date of this Project, BPA and Port Angeles agree to
transition all custom Sub-Projects and deemed Measures not yet completed
under other Projects ofthis Agreement to this MSO.
(b) Port Angeles agrees to complete transitioned and new custom Sub-Projects
and deemed Measures under the terms of this MSO.
I
2. DEFINITIONS
In addition to the defined terms found in section 2 of the body of this Agreement,
certain technical terms used in this Proj ect are defined below.
(a) Ballast is an electrical device used with Fluorescent or High Intensity
Discharge Lamps to supply sufficient voltage to start and operate the
Lamp(s) as well as to regulate the current to the Lamp(s) during operation.
(b) Cold Cathode is an electric-discharge Lamp whose mode of operation is that
of a glow discharge. Neon lights are an example of a Cold Cathode Lamp.
(c) Color Rendering Index or CRI is a measurement of a Lamp's ability to
render colors accurately. The scale ranges from 0 to 100. A Lamp with a CRI
of 80 and above is considered to be a high quality light source.
(d) Compact Fluorescent Lamp or CFL is a smaller version of a Fluorescent
Lamp. A CFL can screw into a regular light bulb socket or can plug into a
small lighting Fixture.
1 "Custom Sub-Project(s)" shall be defined as a Measure or group of Measures submitted to BPA by
Port Angeles for evaluation in accordance with this MSO. The term "Project" refers to the entire
MSO and includes all "custom Sub-Projects" accepted by BPA for reimbursement pursuant to this
Project.
06ES-I0672, Port Angeles
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(e) Cut Sheet refers to the manufacturer's written technical descriptions of
specific lighting equipment (Lamp, Ballast, reflector, etc.). The Cut Sheet is
also referred to as a "tech sheet."
(f) De-Lamp or De-Lamping refers to the removal of one or more Lamps from
a Fixture or a Luminaire as part of a Retrofit.
(g) Efficacy is a measure of a light source's efficiency and is described in terms
of Lumens per watt.
(h) Fixture refers to lighting equipment that is permanently attached or
securely fixed in place. A Fixture consists of the housing but may include the
Lamps and Ballasts as well. Fixtures screwed together (adjacent to each
other) canbe considered as separate Fixtures.
(i) Fluorescent is a lighting technology that produces light by exciting organic
phosphor material on the inner wall of a glass tube or bulb.
(j) High Intensity Discharge or HID is a light source that produces light by
creating an arc of electricity across two electrodes. Types ofHIDs include
Mercury Vapor, High-Pressure Sodium, and Metal Halide Lamps.
(k) High Output Fluorescent Luminaire is a new Fixture that includes
Fluorescent Lamps that have a high Lumen output. High Output
Fluorescent Luminaires are most often located in a high bay, e.g., a high
mounting height location.
(1) High Pressure Sodium is a yellowish appearing HID light source that has
a low CRI.
(m) Induction Lamp is a Fluorescent technology that excites the phosphorous
material with high frequency radio waves instead of using an electrical
discharge. The expected life of these Lamps is 80,000 plus hours.
(n) Lamp is a generic term for an artificial light source.
(0) Light Emitting Diode or LED is a semiconductor that glows when a
current is passed through it. LEDs are low Lumen, low wattage devices that
produce a directional light beam. LEDs can be arranged in different patterns
and therefore are ideal for sign age lights.
(p) Lumen is the unit of measure for the total light output of a Lamp or
Luminaire.
(q) Lumen Maintenance refers to the decrease of the Lamp Lumen output over
time. Such a decrease is caused by bulb wall blackening, phosphor
exhaustion, filament depreciation, and other factors. Lumen Maintenance is
also referred to as Lamp Lumen depreciation.
06ES-I0672, Port Angeles
Exhibit A, Project 3: MSO
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(r) Luminaire refers to the entire lighting unit and primarily includes the
housing, Lamp, the Lamp holder, the Ballast, the lens, and the reflector.
Strip Fixtures where the installer installs all new Lamps, Lamp holders,
Ballast, lens, and reflector can be considered a new Luminaire.
(s) Mercury Vapor is an older type of HID light source that has a low CRI and
low Efficacy.
(t) Metal Halide is considered the best HID light source for most applications.
Metal Halides produce a neutral white light that has a relatively high CRI.
(u) Nominal means "manufacturer stated." A manufacturer will stamp a value
on the piece of lighting equipment or on the nameplate that is usually
expressed in watts or Lumens.
(v) Retrofit means the installation of new Lamps and Ballasts in existing
Fixtures. In some cases, reflectors may be added and old lenses may be
replaced.
(w) Stationary System shall mean any laterals not moved during the irrigation
season.
(x) T5s, T8s, and T12s are Fluorescent tubes that are 5/8 inch in diameter,
1 inch in diameter, and 1-1/2 inches in diameter, respectively.
(y) Total Harmonic Distortion or THD is a measure of how close the wave
form of an electronic device is to a perfect sine curve. THD is expressed as a
percentage. The higher the percentage of THD, the higher the distortion
level. A THD percentage of 20 percent or less is considered a low distortion
level. A device that creates a high distortion can reduce the expected life of
such equipment, and in some instances reduce the expected life of
surrounding equipment.
(z) Very High Output Fluorescent Lamps are Fluorescent Lamps that are
designed to have significantly higher Lumen output than standard Lamps.
The Ballasts overdrive these Lamps to the point where they are inefficient
and have short lives. These Lamps are targeted for Retrofit or in some cases
the entire Fixture replaced.
(aa) Underwriters Laboratory or UL is an independent laboratory that
evaluates products primarily for safety. A UL label or rating indicates a
measure of safety.
3. PROJECT REQUIREMENTS
(a) Port Angeles may implement this Project using Port Angeles' staff or
contractors to provide the services necessary to install the Measures.
06ES-10672, Port Angeles
Exhibit A, Project 3: MSO
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(b) Units installed in new and existing Consumer facilities served by Port
Angeles are eligible for reimbursements under this Project.
(c) Except for rebuilt sprinklers, BPA shall only provide reimbursements for new
equipment.
(d) Except for Units that were Work in Progress at the time this MSO replaced
expiring Projects under this Agreement, BP A shall not provide
reimbursements for Measures purchased prior to execution of this 1\1S0 or for
Measures purchased prior to BPA's written approval of the measurement and
verification plan for a custom Sub-Project.
(e) All Measures shall be Completed Units prior to requesting reimbursement
from BP A.
(f) Port Angeles shall retain all supporting documents for deemed Measures and
custom Sub-Projects as required in section 8 of the body ofthis Agreement.
(g) Unless otherwise allowed by BPA, BPA shall only pay for Completed Units
that are cost-effective. Cost-effective Units are those that have a Total
Resource Cost BenefitJQost ratio equal to or greater than 1 in the Planning
Tracking and Reporting (PTR) system.
(h) BP A shall make the final decision as to whether any Measure or custom Sub-
Project proposed meets the eligibility requirements and criteria stated in this
Project and whether or not to accept the measurement and verification
planes) in custom Sub-Project proposals.
(i) The specifications stated in the PTR system for all Measures are hereby
incorporated by reference into this Project. All Measures reported to BPA for
reimbursement shall be installed pursuant to the specifications required for
that Measure.
(j) Unless otherwise allowed by BPA, contributions, provisions of funds and
renew abIes pursuant to Section 4 of the Conservation Rate Credit and
Conservation Acquisition Agreement Implementation Manual, or its
successor, is not eligible for reimbursement under this Project.
(k) Stationary Systems are not eligible for sprinkler Measures under this Project.
(1) . All retrofits of lights in existing non-residential facilities must reduce the
affected lighting wattage by 30 percent or greater, where:
Percent Watt Reduction = 100 x (Input Watts of Removed
Lighting - Input Watts of Installed Lighting) -;- Input Watts of
Removed Lighting.
06ES-10672, Port Angeles
Exhibit A, Project 3: MSO
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(m) All Ballasts and Luminaires shall be UL-rated.
(n) Ballast Warranty: All electronic Ballasts shall be warranted
against defects in material and workmanship for a minimum of
three years, except for those Ballasts listed under sections 5(a),
5(b), and 5(1) of this Project which shall be warranted for five years.
The warranty shall include either a IO-dollar replacement labor
allowance or complete replacement including labor by an agent of
the manufacturer.
(0) Lamp Warranty: Lamps shall be warranted against defects in material and
workmanship for two years. The warranty shall provide for replacement
Lamps.
(p) Compact Fluorescent Light Warranty: CFLs shall be warranted for at least
one year, or for the manufacturer's stated life of the CFL.
(q) All Ballasts shall be capable of starting the Lamps at the appropriate
ambient (surrounding) temperatures. Examples of such ambient
temperatures include indoor heated, indoor non-heated, normal outdoor, and
cold climate outdoor.
4. REPORTING OF LIGHTING MEASURES
Port Angeles shall follow the steps in sections 4(a) and 4(b) of this Project to receive
reimbursement from BPA for lighting measures installed in non-residential
facilities.
(a) Port Angeles shall complete the electronic version of the Standard Offer
Lighting Spreadsheet Tool (Tool) available in the PTR system for each facility
where Measures are installed. Port Angeles shall ensure the Tool is filled out
correctly describing the Measure locations and descriptions for the
Measure(s) installed.
(b) Port Angeles shall label all supporting documents for Measures included in
the Tool with the unique reporting system number and submit the PTR
system report to BP A. If requested by BP A, Port Angeles shall label the
completed Tool with the unique reporting system number and submit the
Tool directly to the BPA contact shown in section 7(c) of the main body of this
Agreement.
5. REQUIREMENTS FOR LIGHTING MEASURES
Port Angeles shall follow the procedures and requirements below to receive
reimbursement from BPA for lighting measures installed in existing non-residential
facilities.
06ES-I0672, Port Angeles
Exhibit A, Project 3: MSO
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(a) High Performance T8 Fluorescent Lamps and Electronic Ballasts
(1) This Measure can be installed as part of a Retrofit or included as part
of a new Fixture.
(2) This Measure must replace a T12 Fluorescent, T8 De-Lamp,
incandescent, Mercury Vapor lighting, standard T8.
(3) This Measure primarily consists of 4-foot T8 Lamps, but may include
T8 Lamps between 2 feet and 8 feet in length. High Performance T5
Linear Fluorescent Lamps may be included as part of this Measure if
they become commercially available.
(4) The Ballast input watts shall be from 15 to 114 watts.
(5) The Lamps shall have:
(A) a CRI equal to or greater than 80;
(B) a Lumen Maintenance equal to or greater than 94 percent;
(C) a Lamp life equal to or greater than 24,000; and
(D) 4-foot F32T8 (Fluorescent 32 watt T8) Lamps shall, for Kelvin
ratings less than 5000, have initial output equal to or greater
than 3,100 Lumens. For Kelvin ratings 5000 and greater than,
4-foot F32T8 (Fluorescent 32 watt T8) Lamps shall have an
initial output equal to or greater than 3000 Lumens.
(6) Lamp/Ballast combinations shall have an Efficacy of equal to or
greater than 95 Lumens per watt.
Lamp/Ballast Efficacy = (Initial Lamp Lumens x No. of
Lamps x Ballast Factor) -=- Ballast Input Watts.
(7) If requested by BPA, Port Angeles shall submit either the
manufacturer's Cut Sheet documenting initial Lamp Lumens, Lamp
Lumen Maintenance, Ballast factor, and Ballast input watts, or list
the manufacturer's model numbers and performance when submitting
a report to BP A for this Measure.
(b) T8 or T5 Fluorescent Lamps and Standard Electronic Ballast
(1) This Measure can be installed as part of a Retrofit or included as part
of a new Fixture. This Measure is to be installed only when the
Measures described in section 5(a) would not be most appropriate to
install at a particular facility.
06ES-I0672, Port Angeles
Exhibit A, Project 3: MSO
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(2) This Measure includes T8 and T5 linear Fluorescent Lamps, 2 feet to
8 feet in length.
(3) The Ballast input watts shall be from 15 to 114 watts.
(4) Lamps shall have:
(A) a CRr equal to or greater than 80;
(B) a Lumen Maintenance equal to or greater than 90 percent;
(C) a Lamp life equal to or greater than 20,000 hours; and
(D) any 4-foot F32T8 (Fluorescent 32 watt T8) Lamps shall have
initial output equal to or greater than 2,800 Lumens.
(5) Lamp/Ballast combinations shall have an Efficacy of equal to or
greater than 80 Lumens per watt.
.Lamp/Ballast Efficacy = (Initial Lamp Lumens x No. of Lamps
x Ballast Factor) 7 Ballast Input Watts.
(c) Hardwired Compact Fluorescent
(1) This Measure includes both Hardwired Compact Fluorescent Fixtures
and Retrofits.
(2) The Ballast input watts shall be from 7 to 99 watts.
(3) This Measure must replace existing incandescent or Mercury Vapor
lighting.
(4) Any Hard-wired Retrofits must remove the existing screw-in Lamp
sockets. Recessed Fixtures must include a reflector designed for the
new Lamp.
(5) Lamps shall have:
(A) a CRI equal to or greater than 80;
(B) a Lumen Maintenance equal to or greater than 80 percent; and
(C) a Lamp life equal to or greater than 10,000 hours.
(6) Ballasts shall have:
(A)
a power factor equal to or greater than 90 percent;
06ES-I0672, Port Angeles
Exhibit A, Project 3: MSO
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(B) a THD less than or equal to 33 percent;
(C) a Lamp current crest factor ofless than or equal to 1.7, Class A
sound rated; and
(D) an end of life protection provided.
(7) Lamp/Ballast combinations shall have a minimum Efficacy of
46 Lumens per watt for Lamps under 30 watts, and 60 Lumens per
watt for Lamps 30 watts or greater.
(d) Ceramic Metal Halide Luminaire
Ceramic Metal Halide is a Hard-wired Fixture that uses a HID Lamp. The
Ceramic Metal Halide:
(1) shall have a Nominal lamp wattage between 20 and 250 watts;
(2) must replace existing incandescent lighting or Mercury Vapor
lighting; and
(3) shall have Lamps that have:
(A) a CRI equal to or greater than 80;
(B) a Lumen Maintenance equal to or greater than 80 percent; and
(C) a maximum color shift over the life of the Lamp ofless than or
equal to 200 degrees Kelvin.
(e) Screw-in Compact Fluorescent Lamps
(1) This Measure may consist of either:
(A) a one-piece or modular screw-in CFL that is rated at 3 watts or
above (Nominal); or
(B) screw-in Cold Cathode Lamps.
(2) The Measure must replace existing incandescent or Mercury Vapor
lighting.
(3) The installation of this Measure in recessed Fixtures is not
recommended; however, if done, the Lamps in recessed Fixtures must
include a reflector designed for the Lamp.
(4) Screw-in compact Fluorescents must bear the ENERGY STAR@label
and meet the ENERGY STAR@ specifications for energy efficiency.
These specifications are located on the EP A Energy Star website at:
06ES-10672, Port Angeles
Exhibit A, Project 3: MSO
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htto:/ /www.energystar.gov/index.crill ?c=1ighting. or Ugh ting
Where ENERGY STAR@ specifications do not apply, substitutions
may be allowed with prior written approval from BPA.
(D LED or Cold Cathode Signs
(1) This Measure includes new LEDs or Cold Cathode signs.
(2) This Measure must be a Retrofit or replace an existing incandescent
or neon sIgn.
(3) The new signs must meet the ENERGY STAR@ specifications for
energy efficiency. These specifications are located on the EPA Energy
Star website located at:
htto:/ /www.energystar.gov/index.crill ? c=lighting. or Ugh ting
(4) The input power must be less than 5 watts per face.
(g) Induction Lamp Luminaire
(1) This Measure shall be new, however, in some cases, high-quality
Fixtures may be retrofitted. Such Fixtures shall be heat tested to
ensure that the Retrofit configuration is within the manufacturer's
required temperature range.
(2) This Measure must replace existing incandescent or Mercury Vapor
lighting.
(3) The Lamps shall have:
(A) a CRI equal to or greater than 80; and
(B) a Lamp life equal to or greater than 80,000 hours.
(h) High-Output Fluorescent Luminaire
(1) This Measure is a Luminaire that may include new T5, T8, or long
twin-tube PL. The Lamps can be either standard or high-output
Lamps. The Luminaire must be either 4-foot or 8-foot in length.
(2) The Ballast input watts shall be from 85 to 600.
(3) This Measure must replace:
(A)
T12 Fluorescent/magnetic Ballasts;
06ES-10672, Port Angeles
Exhibit A, Project 3: MSO
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(B) Mercury Vapor;
(C) High Pressure Sodium;
(D) Probe-Start Metal Halide; or
(E) incandescent bulbs.
(4) The Lamps shall have:
(A) a CRI equal to or greater than 80;
(B) a Lumen Maintenance equal to or greater than 90 percent; and
(C) a Lamp life equal to or greater than 18,000 hours.
(5) The Lamp/Ballast combination shall have an Efficacy of greater than
80 Lumens per watt.
(i) Pulse Start Metal Halide Luminaire
(1) This Measure shall be a new Luminaire and shall be installed only
when it is not feasible to install High Output Fluorescent Luminaires.
(2) The Ballast input watts shall be from 300 to 750 watts.
(3) Lamps shall have:
(A) a CRI equal to or greater than 65;
(B) a Lumen Maintenance equal to or greater than 75 percent; and
(C) a Lamp life equal to or greater than 20,000 hours.
(4) The Lamp/Ballast combination shall have an Efficacy equal to or
greater than 89 Lumens per watt.
U) Occupancy Sensors and Timers
(1) This Measure includes infrared, ultrasonic, and dual-technology
sensors. This Measure may be installed on wall, ceiling, or Fixture
mounts. Timers can also be included as part of this Measure. Either
the occupancy sensor or the timer can qualify for incentives under this
C&ILO.
(2) The occupancy sensor must be compatible with the controlled lighting
equipment.
06ES-I0672, Port Angeles
Exhibit A, Project 3: MSO
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(3) The infrared sensors shall requir:e an unobstructed view of targeted
motion.
(4) All sensors shall be tuned after installation for proper coverage,
sensitivity, and time delay.
(5) The timers and the occupan~y sensors shall be rated for the controlled
wattage.
(6) The timer may be either electronic or mechanical.
(k) High Output Fluorescent Retrofit
(1) High Output or Very High Output T12 Fluorescent equipment shall be
retrofitted with T8 High Output Lamps and Ballasts. This Measure
does not require a new Fixture. The Lamps and the Ballasts shall be
new.
(2) The input watts of the existing Luminaire shall be greater than
200 watts.
(3) The Lamps shall have:
(A) a CRI equal to or greater than 80;
(B) a Lumen Maintenance equal to or greater than 90 percent; and
(C) a Lamp life equal to or greater than 18,000 hours at existing
conditions.
(4) Lamp/Ballast combination shall have an Efficacy of greater than
80 Lumens per watt.
(l) Very High Output Retrofit with T5 Lamps and Ballasts
(1) Very High Output Fluorescent Lamps (T12) equipment shall be
retrofitted with T5 Lamps and Ballasts. This Measure does not
require a new Fixture. The Lamps and the Ballasts shall be new.
This Measure is to be installed only for applications where the Lumen
output must be equivalent to the Lumen output of the existing
equipment.
(2) The input watts of the existing Fixture shall be greater than
400 watts.
(3) The Lamps shall have:
(A)
a CRI equal to or greater than 80;
06ES-I0672, Port Angeles
Exhibit A, Project 3: MSO
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(B) a Lumen Maintenance equal to or greater than 90 percent; and
(C) a Lamp life equal to or greater than 20,000 hours at existing
conditions.
(4) The Lamp/Ballast combination shall have an Efficacy of greater than
80 Lumens per watt.
(m) Equipment Not Listed in the Tool
Port Angeles may install equipment as part of the Measures listed in this
section that are not specifically listed in the Tool as long as they meet the
Measure specifications as listed above. Port Angeles shall enter the
information r~garding such equipment in the Tool.
6. REQUIREMENTS FOR LIGHTING MEASURES IN NEW FACILITIES
Port Angeles shall follow the procedures and requirements below to receive
reimbursement from BPA for lights installed in new non-residential facilities.
(a) High Performance T8 Fluorescent Lamps and Electronic Ballasts
This Measure shall include a High Performance 48" T8 Lamp and ballast
system listed on the Consortium for Energy Efficiency (CEE) qualifying
products list. The specifications for this Measure are those stated in section
5(a).
(b) High Bay T8 or T5 Fluorescent Fixture
This Measure shall include T5 Fixtures with 3 or more Lamps or T8 Fixtures
that have 4 Lamps or more. These Fixtures shall be installed in a high bay
area with a minimum ceiling height of 15 feet. The specifications for this
Measure are those stated in section 5(h).
(c) Sensor or Timer Control of Fluorescent
Sensors required by code are not eligible for reimbursement. Sensors or
Timers shall control a minimum of 120 Watt connected load. The
specifications for this Measure are those stated in section 5(j).
(d) Stairwell Fluorescent Fixture
Fixtures shall be specifically designed for stairwell lighting. Fixtures shall be
Bi-level with occupancy sensor control.
(e) Ceramic Metal Halide (Hard-Wired)
Hard-wired Fixtures shall be reimbursed per Lamp. The specifications for
this Measure are those stated in section 5(d).
7. CONSID,ERATION OF ADDITIONAL LIGHTING MEASURES
Port Angeles may request BPA's consideration of lighting Measures that are not
included in the Schedule. BPA shall review the request and provide notice
approving or disapproving the addition of the requested lighting Measure.
06ES-10672, Port Angeles
Exhibit A, Project 3: MSO
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8. REQUIREMENTS FOR CUSTOM SUB-PROJECTS
Port Angeles shall follow the procedures below for custom Sub-Projects. BPA shall
evaluate all custom Sub-Project proposals using the information provided by Port
Angeles in the Custom Project Proposal Template.
(a) Custom Sub-Project Proposal Submission Process
(1) Port Angeles shall submit a completed Custom Project Proposal
Template for each custom Sub-Project to BPA.
(2) Upon initial review of Port Angeles' custom Sub-Project proposal, BPA
may request additional information or clarification of information
given. BP A may suggest changes to the measurement and verification
methodology proposed prior to making its determination to accept or
reject the custom Sub-Project proposed.
(3) Upon completion ofthe review of a custom Sub-Project proposal, BPA
shall provide Port Angeles written notice either accepting or rejecting
the measurement and verification plan for the custom Sub-Project
proposed. BP A may also provide comments on those custom Sub-
Projects with estimated Energy Savings greater than 200,000 kWhs.
(4) Once Port Angeles receives BPA's written acceptance, then Port
Angeles may initiate the purchase and installation of the custom Sub-
Project approved by BPA.
(5) The Parties agree that BPA's written acceptance of a submitted
custom Sub-Project proposal incorporates such custom Sub-Project in
to this Project.
(b) Completion Report for Custom Sub-Projects
Port Angeles shall submit a written Completion Report for all custom Sub-
Projects added pursuant to section 8(a)(5).
(1) Elements of Completion Report
The Completion Report shall include, but is not limited to, the
following:
(A)
a description of the equipment installed and how this differs, if
at all, from the description provided in the original.custom Sub-
Project proposal;
(B)
the actual Energy Savings as determined from the results of
the measurement and verification plan agreed to by BP A
pursuant to section 8(a)(5), and information on the
methodology, assumptions, and formulas used;
06ES-10672, Port Angeles
Exhibit A, Project 3: MSO
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(C) the actual total custom Sub-Project costs, including, but not
limited to, auditing and engineering costs, equipment costs,
equipment installation and removal costs; instrumentation and
data collection costs, cost of permits, inspection fees and, if
applicable, taxes;
(D) any changes in equipment installation or operations from what
was described in the custom Sub-Project proposal; and
(E) the date on which the custom Sub-Project was properly
installed and made fully operational, and, when applicable,
commissioned in accordance with the manufacturer's
requirements and specifications for normal operations.
(2) Additional Information
Mter initial review of the Completion Report, and after consultation
with Port Angeles, BPA may ask for additional information pertaining
to the custom Sub-Project. IfBPA determines that the Completion
Report is still incomplete, BPA shall request Port Angeles revise and
resubmit the Completion Report based on comments received from
BPA.
(3) Notification by BPA
Upon completing its review of the Completion Report, BPA shall
provide written notice to Port Angeles either accepting or rejecting the
Completion Report.
9. ENERGY SAVINGS REQUIREMENTS FOR CUSTOM MEASURES
(a) Port Angeles shall use the measurement and verification plan approved by
BPA to determine the actual Energy Savings for each custom Sub-Project
accepted by BPA pursuant to section 8{a)(5).
(b) BPA may request and Port Angeles shall make arrangements for site visits
by BP A representatives, for review of the measurement and verification
methodology proposed in a custom Sub-Project proposal, or as part of BPA's
review of a Completion Report.
10. REIMBURSEMENT AMOUNT FOR CUSTOM SUB-PROJECTS
BPA shall reimburse Port Angeles for custom Sub-Projects incorporated into this
Project pursuant to section 8(a)(5) when the Completion Report is accepted by BPA
pursuant to section 8(b)(3). BPA's reimbursement amount shall be that which is
included in the PTR system for these custom Sub-Projects.
06ES-10672, Port Angeles
Exhibit A, Project 3: MSO
14 of 18
11. REIMBURSEMENT AMOUNT FOR DEEMED MEASURES
BPA's reimbursement amount for deemed Measures shall be listed in the PTR
system.
(a) Port Angeles shall verify that all Measures submitted for reimbursement
have been installed, are operating correctly and meet the specifications for
the Measure installed.
(b) Port Angeles shall enter Completed Unit information for any Measure
eligible for reimbursement under this Project into the PTR system, label all
supporting documents with the unique identifying reporting system number
from the report and submit the PTR system report to BPA.
12. MEASURE LIFE
If a stranded investment or reimbursement charge is calculated pursuant to
section 13(e) of the body of this Agreement, the Measure life provided in this section
shall be used for the.calculation. The Measure life for all Measures under,this
Project is 10 years except for CFLs, which is three years and sprinklers and nozzles
which is 5 years.
13. IMPLEMENTATION PERIOD
This Project may be implemented from the execution date through September 30,
2009, provided that all Measures installed under this Project are Completed Units
by this date. For custom Sub-Projects:
(a) Port Angeles may complete,measurement and verification activities for
custom Sub-Projects accepted pursuant to section 8(a)(5), provided such
custom Sub-Projects are installed and operating by September 30, 2009.
Completion Report(s) may be submitted after September 30, 2009, provided
they are submitted no later than September 30,2010.
(b) Port Angeles shall provide to BPA, by October 15, 2009, a list ofthose custom
Sub-Projects accepted pursuant to section 8(a)(5) that were installed and
operating by September 30, 2009, but for which the Completion Report is yet
to be submitted.
14. IMPLEMENTATION BUDGET
(a) Implementation Budget Amount
BPA shall provide 347,482 dollars for implementation ofthis Project. Port
Angeles may invoice BPA up to this total Implementation Budget amount for
Completed Units installed pursuant to this Project.
(b) Request for Additional Implementation Budget
If Port Angeles expends this Implementation Budget amount prior to
September 30,2009, Port Angeles may request additional Implementation
Budget. BP A shall review the request and will provide notice accepting or
rejecting the request. If BP A approves an increase to the Implementation
06ES-I0672, Port Angeles
Exhibit A, Project 3: MSO
15 of 18
Budget for this Project, BPA will revise this Project and send the revised
Project to Port Angeles.
(c) Implementation Budget Review
BPA shall periodically review Port Angeles' activities and implementation
under this Project. In consultation with Port Angeles and after providing
three months written notice, BPA may reduce the Implementation Budget. If
BPA reduces the Implementation Budget for this Project, BPA will revise this
Project and send the revised Project to Port Angeles. BPA shall take into
account all factors that Port Angeles believes will affect future rates of
expenditure. If requested by BPA, Port Angeles shall provide a list of
potential deemed Measures and custom Sub-Project proposals to BPA. BPA
shall not reduce the Implementation Budget below:
(1) the level needed to meet all the estimated costs of deemed Measures
and custom Sub-Projects either approved by BPA, or custom Sub-
Project Proposals that are under review by BPA; and
(2) the level needed to cover the estimated cost associated with all
deemed Measures and custom Sub-Project proposals that have been
presented to Port Angeles by any Consumer, and that, in the opinion
of Port Angeles have a high likelihood of gaining Port Angeles and
BP A approva1.
(d) Administrative Allowance
Port Angeles may choose to receive an administrative payment of up to
15 percent of the total reimbursement amount on each report submitted to
BPA for reimbursement. BPA shall, when the report is accepted, provide
reimbursements for the administrative allowance amount requested.
Administrative payments from BPA shall be paid pursuant to section 7(d) of
the body of this Agreement.
15. REPORTING AND PAYMENT
(a) Frequency of Reporting
Port Angeles may submit reports to BPA for Completed Units, but no more
often than once per month. BP A shall review the report and provide
reimbursement for those Completed Units accepted by BPA.
(b) Final Reporting
Port Angeles shall submit a list of deemed and custom Sub-Projects to BPA
by September 15, 2009 identifying Units which are or will by Completed
Units by September 30, 2009, which have not been reimbursed by BPA and
which Port Angeles may submit to BPA for reimbursement. Port Angeles
shall have until October 31,2009, to submit a final report for deemed
Measures that were Completed Units by September 30,2009. Port Angeles
shall have until November 30, 2010, to submit final reports for custom Sub-
Projects that were installed and operating by September 30,2009, provided,
06ES-I0672, Port Angeles
Exhibit A, Project 3: MSO
16 of 18
Port Angeles reported such custom Sub-Project to BP A pursuant to
section 13(b).
16. CONSUMER-TRIGGERED STRANDED CONSERVATION INVESTMENTS
(a) Port Angeles shall repay BPA's conservation investment ifthe BPA payment
to Port Angeles to achieve any portion of Energy Savings associated with a
deemed Measures or custom Sub-Project was a single payment of
100,000 dollars or greater for Completed Units installed in a Consumer's
facility.
06ES-I0672, Port Angeles
Exhibit A, Project 3: MSO
17 of 18
, ,
The repayment shall be due to BP A when the Consumer:
(1) stops purchasing all of its electricity from Port Angeles, but
(2) continues to operate with electricity provided by any other entity,
including energy the Consumer produces from its own generation
resources, and
(b) Port Angeles shall notify BPA when a repayment is due BPA pursuant to this
section. BPA shall calculate the repayment amount using the formula in
section 13(e) of the body of this Agreement.
(c) The repayment shall be made within sixty business days of the date the
Consumer ceased purchasing all its electricity from Port Angeles. Port
Angeles shall reference the Agreement number on the repayment document.
The repayment shall be remitted by electronic funds transfer to BPA's
account or by check to the following address:
Bonneville Power Administration
P.O. Box 894196
Los Angeles, CA 90189-4196
(H Q50 l-KLK -1-http://bpaweb/orgs/orgs%20mainlenergyefficiency/Contracts \ Port_Angeles-MSO ,xm1) 9/21/2007
06ES-I0672, Port Angeles
Exhibit A, Project 3: MSO
18 of 18
Contract No. 06ES-10672
CONSERVATION ACQUISITION AGREEMENT
executed by the
UNITED STATES OF AMERICA
DEPARTMENT OF ENERGY
acting by and through the
BONNEVILLE POWER ADMINISTRATION
and
CITY OF PORT ANGELES
Table of Contents
5.7RD ({\
Section
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Term of A~eem en t...... ............................... ... ................................ .......... ... ...
Defini ti ons.. ..................... ................................................................................
Purchase of En ergy Savings ..... ..................... ...... .... ......................... ...........
1m plem en ta ti on Budget ...... .................... ................... ......... ... ........ ..............
Other Sources of Funding............................................................................
Proj ect Implementation ... ..... ..... .... ........... ........... ........... ... ........... ...............
Reporting, In voicing and Paymen t ............................................................
Records and Audits ..... ......................... .........................................................
BP A Oversight .................. ................ ....... .................. ............. .......... ..... .........
Ev al ua ti ODS ........ ... ................ ..................... ................................... ............ ......
Procedures for Removal or Changes .........................................................
Suspension and Withholding Payment .....................................................
Termination.......... ................ ..................... ......................... ... ................... ......
En vironm en tal Provisions...........................................................................
Standard Provisions ....... ........... .... ............... ....... .... .......... ........................ ...
Uncontrollable Force ........... ............... ........... .............. ............... ...................
Liability....................... ......................... ...........................................................
Governing Law and Dispute Resolution...................................................
Notices ............ ...................... ......................... .... ......................................... .....
Sign.atures ................. ......................................................................................
Exhibit A
Projects, Energy Savings, and Project Budgets
Page
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This CONSERVATION ACQUISITION AGREEMENT (Agreement) is executed by
the UNITED STATES OF AMERICA, Department of Energy, acting by and through the
BONNEVILLE POWER ADMINISTRATION (BPA), and the CITY OF PORT ANGELES,
(Port Angeles), a municipal corporation organized under the laws of the State of
Washington, and may be referred to individually as "Party" or collectively as "Parties."
RECITALS
BPA is required by the Pacific Northwest Electric Power Planning and Conservation
Act, Public Law 96-501 (Northwest Power Act), to meet the net firm power load
requirements of its customers in the Pacific Northwest.
BP A is authorized to acquire Conservation to reduce the firm power load
requirements of its customers in the Pacific Northwest.
BPA desires to purchase Conservation to achieve its share ofthe long-term regional
Conservation targets as defined by the Northwest Power and Conservation Council's Fifth
Power Plan.
Port Angeles desires to install cost-effective Measures within its service area,
producing a quantity of Energy Savings in exchange for an Implementation Budget from
BPA.
The Parties agree as follows:
1. TERM OF AGREEMENT
(a) This Agreement becomes effective at 2400 hours on the date of execution by
both Parties (Effective Date), and shall remain in effect until 2400 hours on
September 30, 2009, unless terminated earlier as provided in section 13,
Termination. Except as provided for in section 3(d), all liabilities shall
remain until satisfied.
(b) The Parties agree that on the Effective Date, this Agreement shall replace
Purchase of Conservation (ConAug) Agreement No. 01ES-10390, that all
Work in Progress shall be transferred to this Agreement and that no other
invoices shall be paid by BPA for Completed Units delivered under ConAug
Agreement No. 01ES-10390.
2. DEFINITIONS
All capitalized terms used in this Agreement shall have the following meaning.
(a) "Completed Unit" means a Unit that is properly installed, operating and,
when applicable, commissioned in accordance with the manufacturer's
requirements and specifications for normal operations and, as applicable, has
satisfied or met any specification requirements set forth in Exhibit A.
(b) "Conservation" means any reduction in electric energy consumption resulting
from an increase in the efficiency of electric energy use, production or
distribution.
(c) "Consumer" means any end user of electric energy in Port Angeles' service
area that contributes to Port Angeles' total retail load.
06ES-10672, Port Angeles
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\
(d) "Contracting Officer" means the person designated by BPA who has the
authority to enter into, administer, modify, suspend, or terminate this
Agreement, and make related interpretations, determinations and findings
thereof.
(e) "Contracting Officer's Technical Representative" or "COTR" means the
authorized representative of the Contracting Officer knowledgeable in the
technical aspects of this Agreement designated in writing by the Contracting
Officer.
(f) "Energy Savings" means the ascribed, deemed, calculated, estimated,
evaluated, or verified Conservation, in first year kilowatt-hours (kWh)
attributable to Completed Units.
(g) "Fiscal Year" means the consecutive twelve month period which begins every
October 1 and ends on the following September 30, during the term of this
Agreement.
(h) "Implementation Budget" means the amount of money BP A shall make
available to Port Angeles in each Project included in Exhibit A to expend on
Implementation Costs during the Implementation Period.
(i) "Implementation Costs" means the sum of all or part of the actual total costs
to install or implement Measures that result in Completed Units.
(j) "Implementation Period" means the period of time from the Effective Date
through, the earlier of 2400 hours on September 30, 2009 or 2400 hours on
the end date of the term of a Project in Exhibit A, during which Completed
Units are delivered.
(k) "Measure(s)" means materials or equipment installed, or activities
implemented, to achieve Conservation.
(1) "Other Requirements" means any revision, restriction, or alteration, which
BPA may impose on any Measure as a result of any directive or order of any
court or regulatory agency of competent jurisdiction, or the result of a final
record of decision of any process conducted by BP A pursuant to the National
Environmental Policy Act.
(m) "Project" means the total of all Units proposed and Completed Units installed
under this Agreement associated with each discrete activity described in
Exhibit A.
(n) "Regional Technical Forum" or "RTF" means an organization composed of
BP A customers, state agencies, public interest groups and BP A that has
responsibility for developing the list of recommended cost-effective Measures.
06ES-10672, Port Angeles
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(0) "Standard Offer" means a BPA designed Project that describes eligible
Measures, procedures, reimbursement amounts, and requirements for
delivery of and payment for Energy Savings.
(p) "Unit" means any Measure or combination of Measures that achieve
Conservation and are incorporated within a Project in Exhibit A.
(q) "Work in Progress" means Units committed to by Port Angeles, the
installation of which has not been completed making such Units a Completed
Unit.
(r) "Workday" means a day that both Parties recognize as a regular day of work.
3. PURCHASE OF ENERGY SAVINGS
(a) BP A agrees to purchase and Port Angeles agrees to sell the Energy Savings
from Completed Units from each Project incorporated into Exhibit A.
(b) Port Angeles may at any time during the term of this Agreement request a
Standard Offer or propose a non-standard Project for BPA's consideration for
the purchase of additional Energy Savings. Non-standard Project proposals
submitted shall include, but are not limited to, a description of the
Measure(s), the Energy Savings, the Energy Savings verification
methodology, the reimbursement amount, the installed cost, and the delivery
approach. The request or proposal submitted should include other funding
sources as required in section 5(a). BPA may request additional information
related to the request for a Standard Offer or the non-standard Project
proposal prior to making a purchase decision. If BP A decides to purchase
Energy Savings from a Standard Offer requested or a non-standard Project
proposed, BP A shall add the Standard Offer or non-standard Project to this
Agreement by revising Exhibit A. BPA shall send the revised Exhibit A to
Port Angeles.
(c) BPA may at any time during the term of this Agreement send notice to Port
Angeles that BP A will no longer accept requests for Standard Offers or non-
standard Project proposals or add to the Implementation Budgets for the
purchase of additional Energy Savings.
(d) Unless otherwise stated in Exhibit A, BPA shall not be obligated to pay for
Energy Savings from Completed Units delivered after the Implementation
Period.
4. IMPLEMENTATION BUDGET
(a) On the Effective Date of this Agreement, or when a Project is added to
Exhibit A, Port Angeles is authorized by BP A to incur Implementation Costs
in an amount equal to the Implementation Budget for each Project in
Exhibit A.
06ES-10672, Port Angeles
4 of 17
(b) The Implementation Budget provided by BPA for each Project in Exhibit A,
shall be available to Port Angeles for the term of that Project, except as
provided in section 3(d); section 12, Suspension and Withholding Payment;
and, section 13, Termination.
(c) Unless otherwise agreed to by BPA, BPA shall not be obligated to pay
Implementation Costs in excess of the Implementation Budget for any Project .
in Exhibit A.
(d) BPA may, but is under no obligation to, supplement the Implementation
Budget of any Project in Exhibit A.
(e) Unless otherwise specified in this Agreement, Port Angeles shall return to
BPA the balance of any Implementation Budget remaining upon conclusion of
the Implementation Period for each Project in Exhibit A.
5. OTHER SOURCES OF FUNDING
(a) For any request or proposal submitted pursuant to section 3(b), Port Angeles
shall list all sources of funding for Projects and Measures other than those
funds being requested from BP A for the Measures described in the proposal.
BP A and Port Angeles may then agree to the allocation of costs among the
various funding sources.
(b) BPA will not pay for any portion of the cost of a Project under this Agreement
that has been or would be paid or given credit for under any other BP A or
Federal contract or financial assistance agreement. No Project or Measure
claimed under BPA's Conservation and Renewables Discount, or its
successor, shall be eligible for payment under this Agreement.
6. PROJECT IMPLEMENTATION
(a) Port Angeles shall:
(1) implement the Project(s) as described in the Agreement;
(2) deliver Completed Units within the Implementation Period;
(3) install those Measures identified in Exhibit A in accordance with any
specifications required for those Measures; and
(4) implement this Agreement in accordance with all applicable law.
(b) Port Angeles may subcontract to provide Completed Units under this
Agreement. If Port Angeles does create such an arrangement, Port Angeles
shall, by contract, require that the entity comply with the terms and
conditions of section 6(a); section 8, Records and Audits; section 9, BPA
Oversight; section 10, Evaluations; section 12, Suspension and Withholding
Payment; section 13, Termination; and section 17(f).
06ES-10672, Port Angeles
5 of 17
7. REPORTING, INVOICING AND PAYMENT
(a) Unless otherwise specified by a Project in Exhibit A, Port Angeles shall
submit reports to BP A using the RTF reporting system. The report
submitted shall be the invoice from Port Angeles to BP A and shall only
include information on Completed Units installed during the Implementation
Period. Port Angeles shall retain all supporting documentation for each
Completed Unit included in each report submitted for reimbursement.
Documentation retained by Port Angeles for each Completed Unit included in
each report submitted shall be labeled with the unique identifying number of
the report submitted for reimbursement.
(b) Unless otherwise specified by a Project in Exhibit A, the frequency of reports
or invoices submitted shall either be:
(1) no more often than monthly for Projects with multiple Units expected
to be delivered throughout the term of this Agreement; or
(2) a single invoice when a custom sub-Project is completed.
(c) If specified by a Project in Exhibit A, invoices submitted to BPA not using the
RTF reporting system shall be transmitted to BPA at the following address:
Bonneville Power Administration
905 N.E. 11th Avenue
Portland, OR 97232
Attn: Sheila Gardner - PNK-1
Phone: (503) 230-5991
Fax: (503) 230-3380
Email: sdgardner@bpa.gov
(d) Unless otherwise specified by a Project in Exhibit A, BPA's total
administrative allowance payments shall not exceed the lesser of 15% of the
Implementation Budget or the actual total administrative costs incurred
during the Implementation Period by Port Angeles attributable to the
implementation of this Agreement.
(e) BPA shall pay reimbursements by electronic transfer of funds from BPA to
Port Angeles' bank account. Payment by BP A shall be made on or before the
close of business on the 30th day following the date of receipt and acceptance
of a proper report or invoice by BPA's COTR. Should the 30th day be a day
other than a Workday, the payment shall be due on the next Workday.
(D Should there be a disagreement in the report or invoice amount, BP A and
Port Angeles agree to work together to correct errors to the report or invoice
submitted and any revisions shall be included on the revised report or
invoice. The Parties shall make reasonable efforts to make adjustments as
soon as possible after BPA's receipt ofthe report or invoice.
06ES-10672, Port Angeles
6 of 17
8. RECORDS AND AUDITS
(a) Port Angeles shall establish files and maintain supporting documents and
records for each Project. The files for all Projects implemented under this
Agreement shall be clearly designated as being Conservation Acquisition
Projects. The records for each Project, Unit, or Completed Unit as
appropriate shall include, but is not limited to:
(1) the name, address, and telephone number ofthe Consumer where the
Completed Unit was installed;
(2) a description of the Completed Unites) that includes the unique
identifying RTF system report number or invoice number;
(3) the Energy Savings for the Completed Unites);
(4) the units (square feet, gallons, kWhs, etc), efficiency ratings (HSPF,
MEF, etc) or performance tested data for the Completed Units;
(5) Port Angeles designed forms associated with Completed Units;
(6) vendor invoices associated with Completed Units;
(7) information detailing locations of installed Completed Units;
(8) energy audits;
(9) warranties;
(10) state certifications for Energy Star homes;
(11) certifications for Performance Tested Comfort System heat pumps and
ducts sealing;
(12) custom sub-Project proposals and completion reports;
(13) Measure installation costs (including but not limited to equipment
costs, architecture and engineering costs, labor, and other direct and
indirect costs); and
(14) invoices and reports.
(b) If Port Angeles participates in any of BPA's other Conservation initiatives,
Port Angeles shall maintain records sufficient to demonstrate the source of
BPA payment or credit given each Project, Measure or Completed Unit as
appropriate.
06ES-10672, Port Angeles
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(c) Port Angeles shall maintain files of the actual total administrative costs
incurred during the Implementation Period by Port Angeles attributable to
the implementation of this Agreement.
(d) Port Angeles shall keep program and Project records specified in
sections 8(a), 8(b) and 8(c) for no less than three years after the term of this
Agreement.
(e) Financial audits shall be in compliance with the audit standards established
by the Comptroller General of the United States.
9. BPA OVERSIGHT
(a) BPA or BPA's agent shall have the right to conduct inspections of Units or
Completed Units and monitor or review Port Angeles' procedures, records,
verified Energy Savings methods and results, or otherwise oversee Port
Angeles' implementation ofthis Agreement. The number, timing, and extent
of such inspections shall be at the discretion of BP A. Such inspections shall
occur at BP A's expense. BP A may contact appropriate Federal, State, or local
jurisdictions regarding environmental, health, or safety matters related to
Units or Completed Units.
(b) Prior to any physical inspection pursuant to section 9(a), BPA shall give Port
Angeles written notice. Upon receipt of notice, Port Angeles shall have
30 days to arrange for the inspection of Units or Completed Units, or review
of energy audit or Measure installation procedures, technical documents,
records, or verified savings methods and results.
10. EVALUATIONS
(a) BPA may conduct, and Port Angeles shall cooperate in, Conservation impact
and Project implementation process evaluations to assess the amount, cost-
effectiveness, and reliability of Conservation in BPA's or Port Angeles's
service area. BPA shall select the timing, frequency, and type of such
evaluations.
(b) BPA will set the specific requirements for evaluations with consideration for
the schedules and reasonable needs of Port Angeles and Port Angeles'
Consumers.
(c) Any evaluation initiated by BPA shall be conducted at BPA's expense and
such costs shall be excluded from the Implementation Budget.
11. PROCEDURES FOR REMOVAL OR CHANGES
(a) BPA shall remove or change any Project, Measure or Unit or make revisions
to a Project, Measure or Unit when necessitated by Other Requirements.
When such changes are necessitated by Other Requirements, BP A shall
revise Exhibit A and send the revised Exhibit A to Port Angeles.
06ES-10672, Port Angeles
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(b) BPA may provide notices that establish procedures, change requirements, or
make changes to Projects, Units or Measures installed in accordance with
this Agreement. When the Parties agree in writing to such changes, BP A
shall amend the Agreement and send the amended Agreement to Port
Angeles.
12. SUSPENSION AND WITHHOLDING PAYMENT
(a) BPA and Port Angeles agree to an immediate suspension of any Measure
either Party determines after a reasonable investigation presents a
significant environmental, health, or safety threat to Consumers. BP A shall
withhold further payment of Implementation Costs for the Measure(s) during
the suspension period. Port Angeles shall remedy or take actions agreed to
by the Parties to correct the environmental, health or safety threat to
Consumers. Port Angeles shall have sixty days, or another number of days
as agreed to in writing by BPA, to remedy or complete the corrective actions
and notify BP A the remedy or corrective actions have been completed. BP A
shall review the remedy or actions taken and determine if the suspension can
be lifted. If the suspension is lifted by BP A, Port Angeles may begin
installation ofthe Measure(s), with any changes required by BPA for the
Measure(s), after BPA provides written notice accepting that Port Angeles
has remedied or corrected the environmental, health or sa{ety threat to
Consumers.
(b) IfBPA determines that Port Angeles' implementation of this Agreement is
not in compliance with the environmental, technical, or record-keeping
requirements of this Agreement, BP A shall provide a written notice to Port
Angeles suspending implementation of all or specific Projects in this
Agreement and identify the specific nature ofthe noncompliance. BPA shall
withhold further payment of Implementation Costs for the Agreement or
such Project(s) during the suspension period.
(c) Upon receipt ofthe notice specified in section 12(b), Port Angeles shall have
thirty days, or another number of days as agreed to in writing by BPA, to
correct the noncompliance identified and notify BP A the corrective actions
have been completed. BP A shall review the corrective actions taken and
determine if the suspension can be lifted. If the suspension is lifted by BP A,
Port Angeles may begin implementation of the Agreement or Project(s), with
any changes required by BPA for the Agreement or Project(s), after BPA
provides written notice accepting the corrective actions completed by Port
Angeles.
(d) If Port Angeles has not completed the remedy or corrective actions required
in sections 12(a) or 12(c), then BPA may terminate this Agreement in
accordance with section 13, Termination.
(e) Mter a suspension imposed under sections 12(a) or 12(b) has been lifted by
BPA, BPA shall pay for Energy Savings from Completed Units including
06ES-10672, Port Angeles
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Energy Savings from Measures accepted by BPA as having been corrected
during the suspension period. BPA's payment shall not include and BPA
shall not be liable for any environmental, health, or safety costs incurred due
to noncompliance with all applicable law and regulations. BPA shall also not
pay any cost associated with bringing any Project, Measure or Unit into
compliance with the environmental, technical or record-keeping requirements
of this Agreement. Port Angeles shall bear the costs of compliance.
13. TERMINATION
(a) Either Party may terminate this Agreement upon thirty days written notice.
Port Angeles shall have one year from the effective date of termination
pursuant to this section to complete Work in Progress, except as provided in
section 3(d).
(b) BPA may terminate this Agreement if Port Angeles has failed to comply with:
(1) the environmental, technical, or record-keeping requirements; or
(2) for cause upon Port Angeles' failure to comply with this Agreement,
including use of any portion of the Implementation Budget in a
manner inconsistent with this Agreement.
(c) BPA may terminate this Agreement if Port Angeles:
(1) gives notice to BPA that it will stop placing firm load on BPA pursuant
to its existing firm power sales contract, or its successor, with BPA for
the sale of power and energy to meet all or a portion of Port Angeles'
firm electrical energy load or electric peaking requirements for a
period of at least one year;
(2) gives notice to BP A of its intent to terminate, or terminates, such
existing or successor firm power sales contract with BP A; or
(3) if Port Angeles becomes insolvent, files a petition for bankruptcy or
reorganization, or assigns substantially all assets to creditors and
consequently BPA no longer serves Port Angeles' loads.
(d) No Work in Progress completion period beyond the effective date of
termination shall be available to Port Angeles for a termination under
sections 13(b) and 13(c).
(e) If this Agreement is terminl:'j.ted in accordance with section 13(c) Port Angeles
shall be liable for all payments for Work in Progress to Consumers and shall
pay a reimbursement charge to BP A. The reimbursement charge shall be
calculated by BPA using the following formula:
R=
P*(T -A) 7 T
06ES-10672, Port Angeles
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Where:
R = Reimbursement to BP A;
P = Total BP A payments to Port Angeles for Implementation Costs
to the termination date of this Agreement;
A = Sum of the Energy Savings from all Completed Units for the
full Measure life from the date of BPA's payment; and
T = Sum of the Energy Savings from all Completed Units from the
date of termination of this Agreement through the remaining
life of the Completed Units.
The following conditions apply to the reimbursement charge.
(1) Energy Savings will be consistent with the Measure life in Exhibit A.
(2) BPA shall present an invoice to Port Angeles for payment calculated
pursuant to section 13(e).
(3) Port Angeles may reimburse BPA by either:
(A) making a lump sum payment within 30 calendar days of the
date of BPA's invoice; or
(B) making no more than 3 consecutive equal monthly payments,
with the first payment and each succeeding payment due
within 30 days of the date of BPA's invoice.
(4) If reimbursement is accomplished by installments, interest shall be
charged at the Prime rate (as listed in the Money Rates section of the
Wall Street Journal) on the date of BPA's notice oftermination under
sections 13(b) or 13(c). Interest shall be calculated for the period of
time between the date of the first payment made by BP A to Port
Angeles and the date of the last reimbursement payment made by
Port Angeles to BPA for which reimbursement to BPA is being made
in accordance with this section.
14. ENVIRONMENTAL PROVISIONS
(a) BPA, in the performance ofthis Agreement, shall comply with all of its
obligations pursuant to the National Environmental Policy Act.
(b) The Parties agree to:
(1) comply fully with all applicable environmental laws and regulations;
06ES-10672, Port Angeles
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(2) assist and cooperate with each other in meeting each other's
environmental obligations, to the fullest extent economically and
technically practical and mutually agreeable; and
(3) provide, upon request of the other Party, a copy of the pollution
abatement plans as required by the Clean Air Act, by the Clean Water
Act, by other federal statutes, or by an agency having jurisdiction and
within a reasonable time submit evidence that such plans have been
approved or have not been objected to by agencies with jurisdiction.
15. STANDARD PROVISIONS
(a) Unless otherwise specified in this Agreement, no oral or written amendment,
rescission, waiver, modification, or other change of this Agree:plent shall be of
any force or effect unless set forth in a written instrument signed by
authorized representatives of each Party.
'-
(b) BPA's Contracting Officer may issue interpretations, determinations, and
findings related to this Agreement that are binding on the Parties. Such
decisions shall be provided to Port Angeles in writing. In administering this
Agreement, only the written statements of BP A officials acting within the
scope oftheir authority shall be considered to be official BPA statements.
(c) This Agreement is binding on any successors and assigns ofthe Parties. BPA
may assign this Agreement to another Federal agency to which BPA's
statutory duties have been transferred. Neither Party may otherwise
transfer or assign this Agreement, in whole or in part, without the other
Party's written consent. Such consent shall not be unreasonably withheld.
BP A shall consider any request for assignment consistent with applicable
BP A statutes.
(d) The Parties shall provide each other with any information that is reasonably
required, and requested by either Party in writing, to operate under and
administer this Agreement. Such information shall be provided in a timely
manner. If such information is subject to a privilege of confidentiality, a
confidentiality agreement or statutory restriction under state or Federal law
on its disclosure by a Party to this Agreement, then that Party shall endeavor
to obtain whatever consents, releases, or agreements are necessary from the
person holding the privilege to provide such information while asserting the
confidentiality over the information. Information provided to BPA which is
subject to a privilege of confidentiality or nondisclosure shall be clearly
marked on each appropriate page as such and BP A shall not disclose such
information without obtaining the consent of the person or Party asserting
the privilege, consistent with BP A's obligation under the Freedom of
Information Act. The Consumer's company name, estimated and actual
Energy Savings, and estimated and actual Implementation Costs for Units
and Completed Units shall not be designated as proprietary information.
06ES-I0672, Port Angeles
12 of 17
(e) This Agreement, including the exhibit incorporated as part of this
Agreement, and documents incorporated by reference, constitutes the entire
agreement between the Parties. This Agreement supersedes all previous
communications, representations, or contracts, either written or oral, which
purport to describe or embody the subject matter of this Agreement.
<D The exhibit listed in the table of contents is incorporated into this Agreement
by reference. Unless otherwise specified in this Agreement, the exhibit may
only be revised upon mutual agreement between the Parties. The Parties
recognize each Project identified in Exhibit A as being a discrete Project. As
such, each Project may be revised independently from other Projects
described in Exhibit A. These revised Projects and any new Projects agreed
to by the Parties shall be incorporated into Exhibit A of this Agreement by
reference. In the event of conflict the body of this Agreement shall prevail
over the exhibit of this Agreement.
(g) The Parties agree that there are no unspecified third party beneficiaries of
this Agreement. Nothing contained in this Agreement is intended to confer
any right or interest to anyone other than the Parties, their respective legal
representative, assigns or successors.
(h) Except as otherwise provided in this Agreement or as agreed to by the
Parties, no provision of this Agreement may be waived except as confirmed in
writing. Any waiver at any time by a Party of its rights with respect to a
default under this Agreement, or any other matter arising in connection
therewith, shall not be deemed a waiver with respect to any subsequent
default or matter. Either Party may waive any notice or agree to accept a
shorter notice that is specified in the Agreement. Such waiver of notice or
acceptance of shorter notice by a Party shall not be considered a waiver with
respect to any subsequent notice required under this Agreement.
(i) If any term of this Agreement is found to be invalid by a court of competent
jurisdiction then such term shall remain in force to the maximum extent
permitted by law. All other terms shall remain in force unless that term is
determined not to be severable from all other provisions of this Agreement by
such court.
16. UNCONTROLLABLE FORCE
(a) Any obligation of a Party to perform under this Agreement, except an
obligation to pay amounts due under this Agreement, shall be excused when
such failure to perform is due to an Uncontrollable Force. In the event that
either Party is unable to perform due to an Uncontrollable Force, such Party
shall exercise due diligence to remove such inability with reasonable
dispatch. Nothing in this section shall be construed to require either Party to
settle any strike or labor dispute in which it may be involved.
(b) Each Party shall notify the other in writing as soon as practicable of any
Uncontrollable Force that may impair performance under this Agreement.
06ES-I0672, Port Angeles
13 of 17
Failure to give such notice within a reasonable period shall be deemed a
waiver of such Uncontrollable Force.
(c) Uncontrollable Force is an act or event beyond the reasonable control of a
Party, and which by exercise of due diligence and foresight such Party could
not reasonably have been expected to avoid or remove, which impairs the
ability of the Party to perform and, includes, but is not limited to, failure of or
threat of failure of facilities, flood, earthquake, storm, accident, fire,
lightning, and other natural catastrophes; epidemic, war, labor, or material
shortage, strike or labor dispute, or sabotage; and also includes restraint by
an order of a court of competent jurisdiction or by regulatory authorities
against any action taken or not taken by a Party, after a good faith effort by
the appropriate Party to obtain:
(1) relief from such order; or
(2) any necessary authorizations or approvals from any governmental
agency or regulatory authority.
17. LIABILITY
(a) To the extent allowed by the Federal Tort Claims Act, BP A agrees to defend,
indemnify, and hold harmless Port Angeles, its affiliated companies, their
respective boards of directors, officers, employees, agents and
representatives, against and from any and all loss, claims, actions, or suits,
for or on account of injury, bodily or otherwise to, or death of persons, or for
damage to or destruction of property belonging to Port Angeles or others,
resulting from BPA's negligent acts or omissions or intentional misconduct in
connection with the performance of this Agreement, excepting that any
liability attaching to BP A shall be reduced by any proportion that such injury
or harm is caused by negligence or intentional misconduct of Port Angeles, its
affiliated companies, their respective boards of directors, officers, employees,
agents or representatives.
(b) Port Angeles agrees to defend, indemnify, and hold harmless BPA, its
employees, agents and representatives, against and from any and all loss,
claims, actions, or suits, for or on account of injury, bodily or otherwise to, or
death of persons, or for damage to, or destruction of property belonging to
BP A, or others, resulting from Port Angeles' negligent acts or omissions or
intentional misconduct in connection with the performance of this
Agreement, excepting that any liability attaching to Port Angeles shall be
reduced by any proportion that such injury or harm is caused by negligence
or intentional misconduct of BPA, its employees, agents or representatives.
(c) BPA and Port Angeles assert that neither Party is the agent or principal for
the other, nor are they partners or joint ventures; and the Parties agree that
they shall not represent to any other party that they act in the capacity of
agent or principal for the other.
06ES-10672, Port Angeles
14 of 17
(d) In no event shall either Party be liable to the other Party hereto for any
special, punitive, exemplary, consequential, incidental, or indirect losses or
damages from any failure of performance howsoever caused, whether or not
arising from a Party's sole, joint, or concurrent negligence.
(e) Port Angeles agrees that BPA has no responsibility for production of Energy
Savings under this Agreement.
(f) Independent contractors contracting with either Party to implement the
provisions of this Agreement shall be required by contract to indemnify and
hold harmless the other Party from all claims, damages, losses, liability, and
expenses arising from breach of contract, statutory and regulatory claims,
and the negligent or other tortious acts or omissions of such independent
contractors, their officers, employees, or agents. Nothing in this Agreement
shall establish, or be construed as establishing, a contractual relationship
between BP A and any contractor or subcontractor hired by Port Angeles to
participate in the Project's implementation.
18. GOVERNING LAW AND DISPUTE RESOLUTION
(a) This Agreement shall be interpreted consistent with and governed by Federal
law. Final actions subject to section 9(e) of the Northwest Power Act are not
subject to binding arbitration and shall remain within the exclusive
jurisdiction of the United States Ninth Circuit Court of Appeals. Any dispute
regarding any rights of the Parties under any BPA policy, including the
implementation of such policy, shall not be subject to arbitration under this
Agreement. Port Angeles reserves the right to seek judicial resolution of any
dispute arising under this Agreement that is not subject to arbitration under
section 18, Governing Law and Dispute Resolution. For purposes of
section 18, Governing Law and Dispute Resolution, BPA policy means any
written document adopted by BP A as a final action in a decision record or
record of decision that establishes a policy of general application, or makes a
determination under an applicable statute. If either Party asserts that a
dispute is excluded from arbitration under section 18, Governing Law and
Dispute Resolution, either Party may apply to the Federal court having
jurisdiction for an order determining whether such dispute is subject to
arbitration under section 18, Governing Law and Dispute Resolution.
(b) Any contract dispute or contract issue between the Parties arising out of this
Agreement, except for disputes that are excluded through section 18(a) above,
shall be subject to binding arbitration. The Parties shall make a good faith
effort to resolve such disputes before initiating arbitration proceedings.
During arbitration, the Parties shall continue performance under this
Agreement pending resolution of the dispute, unless to do so would be
impossible or impracticable.
(c) Any arbitration shall take place in Portland, Oregon, unless the Parties agree
otherwise. The CPR Institute for Dispute Resolution's arbitration procedures
06ES-10672, Port Angeles
15 of 17
for commercial arbitration, Non-Administered Arbitration Rules (CPR Rules),
shall be used for each dispute; provided, however, that:
(1) the Parties shall have the discovery rights provided in the Federal
Rules of Civil Procedure unless the Parties agree otherwise; and
(2) for claims of one million dollars or more, each arbitration shall be
conducted by a panel ofthree neutral arbitrators.
The Parties shall select the arbitrators from a list containing the names of
15 qualified individuals supplied by the CPR Institute for Dispute Resolution.
If the Parties cannot agree upon three arbitrators on the list within
twenty business days, the Parties shall take turns striking names from the
list of proposed arbitrators. The Party initiating the arbitration shall take
the first strike. This process shall be repeated until three arbitrators remain
on the list, and those individuals shall be designated as the arbitrators. For
disputes involving less than one million dollars, a single neutral arbitrator
shall be selected consistent with section 6 of the CPR Rules.
(d) Except for arbitration awards that declare the rights and duties ofthe
Parties under this Agreement, the payment of monies shall be the exclusive
remedy available in any arbitration proceeding. Under no circumstances
shall specific performance be an available remedy against BP A. The
arbitration award shall be final and binding on both Parties, except that
either Party may seek judicial review based upon any of the grounds referred
to in the Federal Arbitration Act, 9 U.S.C. H-16 (1988). Judgment upon the
award rendered by the arbitrators may be entered by any court having
jurisdiction thereof.
(e) Each Party shall be responsible for its own costs of arbitration, i:p.cluding
legal fees. The arbitrators may apportion all other costs of arbitration
between the Parties in such manner as they deem reasonable taking into
account the circumstances of the case, the conduct of the Parties during the
proceeding, and the result of the arbitration.
19. NOTICES
Any notice required under this Agreement shall be in writing and shall be delivered:
(a) III person;
(b) by a nationally recognized delivery service; or
(c) by United States Certified Mail.
Notices are effective when received. Either Party may change its address for notices
by giving notice of such change consistent with this section.
06ES-10672, Port Angeles
16 of 17
If to Port Angeles:
The City of Port Angeles
P.O. Box 1150
Port Angeles, W A 98362-0217
Attn: Scott McLain
Phone: (360) 417-4703
FAX: (360) 417-4709
E-Mail: smclain@cityofpa.us
If to BPA:
Bonneville Power Administration
905 N.E. 11th Avenue
Portland, OR 97232
Attn: Sheila Gardner-PNK-1
Phone: (503) 230-5991
FAX: (503) 230-3380
E-Mail: sdgardner@bpa.gov
20. SIGNATURES
Each Party represents that it has the authority to execute this Agreement and that
it has been duly authorized to enter into this Agreement.
CITY OF PORT ANGELES
By
/;LJl. C#t-
Director of Public Works &
Utilities
Name Glenn A. Cutler
ARnH... I C, J "Z.. ,,010
Date
(HQ5FOI-PNK-l-S. \PortAngelesCAA.doc) 3/23/2006
UNITED STATES OF AMERICA
Department of Energy
Bonneville Power Administration
By ~xeP f
Name Charles W. Forman
Date ~
27,2-006"
"
06ES-10672, Port Angeles
17 of 17
@
Exhibit A
PROJECTS,. ENERGY SAVINGS, AND PROJECT BUDGETS
PROJECT 1, COMMERCIAL AND INDUSTRIAL STANDARD OFFER
Following is a list of Sub-Projects which BPA provided written notice to proceed under the
ConAug Commercial and Industrial Standard Offer:
Port Angeles Hardwood
Dry Kiln
Head Rig
Compressed Air
Lighting
Nippon
Compressed Air
K-Ply
Compressed Air
1. PROJECT 1 DESCRIPTION
The Commercial and Industrial Standard Offer (C&ISO) provides reimbursements
for custom Sub-Projects1 and specific deemed Measures installed in commercial
facilities. Port Angeles shall implement this Project in accordance with the terms of
this C&ISO to receive reimbursements from BP A.
2. PROJECT REQUIREMENTS
(a) Port Angeles may implement this Project using Port Angeles' staff or
contractors to provide the services necessary to install the Measures.
(b) Only Units installed in industrial and commercial facilities and new
multifamily buildings more than three stories served by Port Angeles are
eligible for reimbursements under this Project.
(c) BPA shall only pay for new equipment.
(d) Except for Units that were Work in Progress at the time this Agreement
replaced Purchase of Conservation Agreement No. OlES-I0390, BPA shall
not pay reimbursements for equipment purchased prior to execution of this
C&ISO or for equipment purchased prior to BPA's written approval ofthe
measurement and verification plan for a custom Sub-Project.
(e) All Measures shall be Completed Units prior to requesting reimbursement
from BP A.
(f) Port Angeles shall retain all supporting documents for deemed Measures and
custom Sub-Projects as required in section 8 of the body of this Agreement.
1 "Custom Sub-Projects" shall be defined as a Measure or group of Measures submitted to BPA by
Port Angeles for evaluation in accordance with this C&ISO. The term "Project" refers to the entire
C&ISO and includes all "custom Sub-Projects" accepted by BPA for payment pursuant to this
Project.
06ES-10672, Port Angeles
lof8
(g) BPA shall only pay for Completed Units that are cost-effective. Cost-effective
Units are those that have a Total Resource Cost Benefit/Cost ratio equal to or
greater than 1 in the RTF system.
(h) Port Angeles shall use the Custom Project Proposal Template in the RTF
system to propose custom Sub-Projects pursuant to section 3 ofthis Project.
Custom Sub-Project proposals and Completion Reports shall be submitted to
BP A through the RTF system.
(i) BPA shall make the final decision as to whether any Measure or custom Sub-
Project proposal meets the eligibility requirements and criteria stated in this
Project whether and or not to accept the measurement and verification
planes) in custom Sub-Project proposals.
(j) BPA may reject stand-alone lighting Measures.
3. REQUIREMENTS FOR CUSTOM SUB-PROJECTS
Port Angeles shall follow the procedures below for custom Sub-Projects. BPA shall
evaluate all custom Sub-Project proposals using the information provided by Port
Angeles in the Custom Project Proposal Template.
(a) Custom Sub-Project Proposal Submission Process
(1) Port Angeles shall submit a completed Custom Project Proposal
Template for each custom Sub-Project to BPA.
(2) Upon initial review of Port Angeles' custom Sub-Project proposal, BPA
may request additional information or clarification of information
given. BP A may suggest changes to the measurement and verification
methodology proposed prior to making its determination to accept or
reject the custom Sub-Project proposed.
(3) Upon completion of the review of a custom Sub-Project proposal, BPA
shall provide Port Angeles written notice either accepting or rejecting
the measurement and verification plan for the custom Sub-Project
proposed. BP A may also provide comments on those custom Sub-
Projects with estimated Energy Savings greater than 200,000 kWhs.
(4) Once Port Angeles receives BPA's written acceptance, then Port
Angeles may initiate the purchase and installation of the custom Sub-
Project approved by BPA.
(5) The Parties agree that BPA's written acceptance of a submitted
custom Sub-Project proposal incorporates such custom Sub-Project in
to this Project.
(b) Completion Report for Custom Sub-Projects
Port Angeles shall submit a written Completion Report for all custom Sub-
Projects added pursuant to section 3(a)(5).
'06ES-10672, Port Angeles
Exhibit A, Project 1: C&ISO
20f8
(1) Elements of Completion Report
The Completion Report shall include, but is not limited to, the
following:
(A) a description of the equipment installed and how this differs, if
at all, from the description provided in the original custom Sub-
Project proposal;
(B) the actual Energy Savings as determined from the results of
the measurement and verification plan agreed to by BP A
pursuant to section 3(a)(5), and information on the
methodology, assumptions, and formulas used;
(C) the actual total custom Sub-Project costs, including, but not
limited to, auditing and engineering costs, equipment costs,
equipment installation and removal costs; instrumentation and
data collection costs, cost of permits, inspection fees and, if
applicable, taxes;
(D) any changes in equipment installation or operations from what
was described in the custom Sub-Project proposal; and
(E) the date on which the custom Sub-Project was properly
installed and made fully operational, and, when applicable,
commissioned in accordance with the manufacturer's
requirements and specifications for normal operations.
(2) Additional Information
Mter initial review of the Completion Report, and after consultation
with Port Angeles, BP A may ask for additional information pertaining
to the custom Sub-Project. IfBPA determines that the Completion
Report is still incomplete, BP A shall request Port Angeles revise and
resubmit the Completion Report based on comments received from
BPA.
(3) Notification by BPA
Upon completing its review ofthe Completion Report, BPA shall
provide written notice to Port Angeles either accepting or rejecting the
Completion Report.
4. ENERGY SAVINGS REQUIREMENTS FOR CUSTOM MEASURES
(a) Port Angeles shall use the measurement and verification plan approved by
BPA to determine the actual Energy Savings for each custom Sub-Project
accepted by BPA pursuant to section 3(a)(5).
(b) BPA may request and Port Angeles shall make arrangements for site visits
by BPA representatives, for review ofthe measurement and verification
methodology proposed in a custom Sub-Project proposal, or as part of BPA's
review of a Completion Report.
06ES-10672, Port Angeles
Exhibit A, Project 1: C&ISO
3of8
5. PAYMENT FOR CUSTOM SUB-PROJECTS
Except as stated in section (b) below, BP A shall reimburse Port Angeles for custom
Sub-Projects incorporated into this Project pursuant to section 3(a)(5) when the
Completion Report is accepted by BPA pursuant to section 3(b)(3). BPA's
reimbursement amount shall be the lesser of the cents per first year kWh saved or
actual total cost of the custom Sub-Project for the end use sector cost shown in the
table below.
(a) BPA's reimbursement for industrial custom Sub-Projects allows Port Angeles
to request technical assistance from BPA with industrial facility audits and
development of custom Sub-Project proposals. Port Angeles may request
such technical assistance from BP A. Requests shall be in writing and shall
include the Consumer's name and the type of assistance requested. BPA
shall review the request for technical assistance and, if approved, provide
such technical assistance to Port Angeles.
(b) BPA's reimbursement for custom Sub-Projects which BPA provided written
notice of acceptance under Purchase of Conservation Agreement No. 01ES-
10390, shall be paid at the reimbursement rate of Purchase of Conservation
Agreement No. 01ES-10390. BPA's reimbursement shall not include the
administrative allowance.
Commercial
New Multifamil
Industrial
New Construction
. >3 Stories
$0. 13/kWh
$0.20/kWh
$0. 12/kWh
$0.20/kWh
60%
70%
60%
70%
6. REIMBURSEMENTS AND REPORTING OF DEEMED MEASURES
BPA's reimbursements for deemed Measures are shown in the C&ISO Commercial
Measures Schedule (Schedule).
(a) Port Angeles shall verify that all Measures submitted for reimbursement
have been installed, are operating correctly and meet the specifications for
the Measure installed.
(b) Port Angeles shall enter Completed Unit information for any Measure
eligible for reimbursement under this Project into the RTF system, label all
supporting documents with the unique identifying reporting system number
from the report and submit the RTF system report to BP A.
7. REQUffiEMENTSFORDEEMEDMEASURES
Port Angeles may offer programs to their Consumers for any or all of the Measures
shown in the Schedule. Port Angeles shall follow the procedures and requirements
below to receive reimbursement from BP A.
06ES-10672, Port Angeles
Exhibit A, Project 1: C&ISO
40f8
(a) Network Computer Power Management Measure
Network control devices shall be an advanced energy management system
using Verdi em's Surveyor™ software or equivalent.
(b) Pre-rinse Spray Wash Valve
Pre-rinse Spray Wash Valves are eligible for reimbursement when installed
in Consumer's facilities that have electric water heaters for the water
supplied to the valve and that service ten or more meals per week.
(c) Commercial Clothes Washers
Commercial clothes washers shall meet the efficiency requirements and shall
be installed in qualifying facilities to be eligible for reimbursement from BP A.
Requirements for Commercial clothes washers are shown in the table below.
May be installed in multifamily common or
commercial laundromat facilities.
8. MEASURE LIFE
The Measure Life for all Measures under this Project is 10 years unless otherwise
stated by notice to Port Angeles. If a stranded investment or reimbursement charge
is calculated pursuant to section 13(e) of the body of this Agreement, the Measure
life provided in this section shall be used for the calculation.
9. IMPLEMENTATION PERIOD
This Project may'be implemented from the execution date through September 30,
2007, provided that all deemed Measures installed under this Project are Completed
Units by this date. For custom Sub-Projects:
(a) Port Angeles may complete measurement and verification activities for
custom Sub-Projects accepted pursuant to section 3(a)(5), provided such
custom Sub-Projects are installed and operating by September 30,2007.
Completion Report(s) may be submitted after September 30,2007, provided
they are submitted no later than September 30, 2008.
(b) Port Angeles shall provide, by October 15, 2007, BPA with a list of those
custom Sub-Projects accepted pursuant to section 3(a)(5) that were installed
and operating by September 30, 2007, but for which the Completion Report is
yet to be submitted.
06ES-10672, Port Angeles
Exhibit A, Project 1: C&ISO
50f8
10. IMPLEMENTATION BUDGET
(a) Implementation Budget Amount
BPA shall provide 575,000 dollars for implementation ofthis Project. Port
Angeles may invoice BPA up to this total Implementation Budget for
Completed Units installed pursuant to this Project.
(b) Request for Additional Implementation Budget
If Port Angeles expends this Implementation Budget amount prior to
September 30, 2007, Port Angeles may request additional Implementation
Budget. BP A shall review the request and will provide notice accepting or
rejecting the request. If BP A approves the addition of an amount to the
Implementation Budget for this Project, BPA will revise this Project and send
the revised Project to Port Angeles.
(c) Implementation Budget Review
BPA shall periodically review Port Angeles' activities and implementation
under this Project. In consultation with Port Angeles and after providing
three months written notice, BP A may reduce the Implementation Budget. If
BPA reduces the Implementation Budget for this Project, BPA will revise this
Project and send the revised Project to Port Angeles. BPA shall take into
account all factors that Port Angeles believes will affect future rates of
expenditure. If requested by BPA, Port Angeles shall provide a list of
potential deemed Measures and custom Sub-Project proposals to BPA. BPA
shall not reduce the Implementation Budget below:
(1) the level needed to meet all the estimated costs of deemed Measures
and custom Sub-Projects either approved by BPA, or custom Sub-
Project Proposals that are under review by BP A; and
(2) the level needed to cover the estimated cost associated with all
deemed Measures and custom Sub-Project proposals that have been
presented to Port Angeles by any Consumer, and that, in the opinion
of Port Angeles have a high likelihood of gaining Port Angeles and
BP A approval.
(d) Administrative Allowance
Port Angeles may choose to receive an administrative payment of up to
15 percent of the reimbursement amount on each report submitted to BP A for
reimbursement. BPA shall, when the report is accepted, pay the
administrative allowance amount requested. Administrative payments from
BPA shall be paid pursuant to section 7(d) of the body of this Agreement.
06ES-10672, Port Angeles
Exhibit A, Project 1: C&ISO
60fB
11. INVOICING AND PAYMENT
(a) Frequency of Reporting
Port Angeles may submit reports to BPA for Completed Units, but no more
often than once per month. BP A shall review the report and pay for those
Completed Units accepted by BPA.
(b) Final Reporting
Port Angeles shall have until October 31,2007, to submit a final report for
deemed Measures that were Completed Units by September 30,2007. Port
Angeles shall have until November 30, 2008, to submit final reports for
custom Sub-Projects that were installed and operating by September 30,
2007, provided, Port Angeles reported such custom Sub-Project to BPA
pursuant to section 9(b).
(c) Alternative to RTF Reporting
Port Angeles may, only when approved in writing by BPA, submit completed
and signed Schedules and custom Sub-Project proposals and Completion
Reports directly to BP A as provided in section 7 of the body of this
Agreement. If this alternative is approved by BP A, BP A may impose
additional requirements with the written approval.
12. CONSUMER-TRIGGERED STRANDED CONSERVATION INVESTMENTS
(a) Port Angeles shall repay BPA's conservation investment ifthe BPA payment
to Port Angeles to achieve any portion of Energy Savings associated with a
deemed Measures or custom Sub-Project was a single payment of
100,000 dollars or greater for Completed Units installed in a Consumer's
facility. The repayment shall be due to BPA when the Consumer:
(1) stops purchasing all of its electricity from Port Angeles, but
(2) continues to operate with electricity provided by any other entity,
including energy the Consumer produces from its own generation
resources, and
(b) Port Angeles shall notify BPA when a repayment is due BPA pursuant to
section 13(a). BP A shall calculate the repayment amount using the formula
in section 13(e) of the body of this Agreement.
06ES-10672, Port Angeles
Exhibit A, Project 1: C&ISO
7of8
(c) The repayment shall be made within sixty business days of the date the
Consumer ceased purchasing all its electricity from Port Angeles. Port
Angeles shall reference the Agreement number on the repayment document.
The repayment shall be remitted by electronic funds transfer to BPA's
account or by check to the following address:
Bonneville Power Administration
P.O. Box 894196
Los Angeles, CA 90189-4196
(HQ5FO 1- PNK-1-S. \ PortAngelesC&ISO( CAA).doc) 3/23/2006
06ES-10672, Port Angeles
Exhibit A, Project 1: C&ISO
B ofB
.3
C&ISO - Commercial Measures Schedule
Title:
Address:
Project #:
Invoice #:
Category
Commercial
Measures
Measure Description
Reimbursement
per Unit
Total
Reimburse
ment for
Measures
(a*b)
Number of Units
Commercial Building Measures
a.
b.
1.
Network Computer Power
Management.
Pre-rinse Spray Wash Valves.
Commercial Clothes Washers, MEF
142 - 1.79, electric DWH and electric
dryer, purchased prior to 2/1/07.
Commercial Clothes Washers, MEF
1.42 - 1. 79, all other combinations,
purchased prior to 2/1/07.
Commercial Clothes Washers, MEF
1.80 and higher, electric DWH and
electric dryer, purchased prior to 2/1/07.
Commercial Clothes Washers, MEF
1.80 and higher, all other combinations,
purchased prior to 2/1/07.
Energy Star Commercial Clothes
Washers purchase 2/1/07 or later with
electric DWH and electric dryer.
Energy Star Commercial Clothes
Washers purchase 2/1/07, all other
combinations.
$17.00
2.
3.
$150.00
$90.00
4.
$45.00
5.
$180.00
6.
$75.00
7.
$180.00
8.
$75.00
A. Reimbursement Total:
B. _% Admin of A. above (not to exceed 15%):
C. Reimbursement (A + B):
Useful Information
1. Has the installed equipment met the Project requirements and specifications?
2. Are the Measures above properly installed and operating?
3. Have invoices been labeled with the unique identifying number from the RTF reporting
system?
Completed By:
(Yes/No) t=j
(Yes/No)
(Yes/No)
Date:
(HQ5FOI-PNK-l-S: \PortAngelesC&ISO(CAA).doc) 3/23/2006
1of1
06ES-10672, Port Angeles
Exhibit A, Project 1: C&ISO
1-
Exhibit A
PROJECTS, ENERGY SAVINGS, AND PROJECT BUDGETS
PROJECT 2, COMMERCIAL AND INDUSTRIAL LIGHTING OFFER
1. PROJECT 2 DESCRIPTION
The Commercial and Industrial Lighting Offer (C&ILO) provides reimbursements
for lighting Measures installed in commercial and industrial facilities. Port Angeles
shall implement this Project in accordance with the terms of this C&ILO to receive
reimbursement from BP A.
2. DEFINITIONS
In addition to the defined terms found in section 2 of the body of this Agreement,
certain technical terms used in this Project are defined below.
(a) Ballast is an electrical device used with Fluorescent or High Intensity
Discharge Lamps to supply sufficient voltage to start and operate the
Lamp(s) as well as to regulate the current to the Lamp(s) during operation.
(b) Cold Cathode is an electric-discharge Lamp whose mode of operation is that
of a glow discharge. Neon lights are an example of a Cold Cathode Lamp.
(c) Color Rendering Index or CRI is a measurement of a Lamp's ability to
render colors accurately. The scale ranges from 0 to 100. A Lamp with a CRI
of 80 and above is considered to be a high quality light source.
(d) Compact Fluorescent Lamp or CFL is a smaller version of a Fluorescent
Lamp. A CFL can screw into a regular light bulb socket or can plug into a
small lighting Fixture.
(e) Cut Sheet refers to the manufacturer's written technical descriptions of
specific lighting equipment (Lamp, Ballast, reflector, etc.). The Cut Sheet is
also referred to as a "tech sheet."
(f) De-Lamp or De-Lamping refers to the removal of one or more Lamps from
a Fixture or a Luminaire as part of a Retrofit.
(g) Efficacy is a measure of a light source's efficiency and is described in terms
of Lumens per watt.
(h) Fixture refers to lighting equipment that is permanently attached or
securely fixed in place. A Fixture consists of the housing but may include the
Lamps and Ballasts as well. Fixtures screwed together (adjacent to each
other) can be considered as separate Fixtures.
(i) Fluorescent is a lighting technology that produces light by exciting organic
phosphor material on the inner wall of a glass tube or bulb.
06ES-10672, Port Angeles
Exhibit A, Project 2: C&ILO
1 of 14
(j) Hard-wired Fixtures are new Fixtures that have Plug-In Lamp sockets
instead of screw-in Lamp sockets making it impossible to screw in an
incandescent bulb.
(k) High Intensity Discharge or HID is a light source that produces light by
creating an arc of electricity across two electrodes. Types of HIDs include
Mercury Vapor, High-Pressure Sodium, and Metal Halide Lamps.
(1) High Output Fluorescent Luminaire is a new Fixture that includes
Fluorescent Lamps that have a high Lumen output. High Output
Fluorescent Luminaires are most often located in a high bay, e.g., a high
mounting height location.
(m) High Performance is a generic term that is used to describe certain
Measures offered under this C&ILO that are more energy efficient than
standard lighting products.
(n) High Pressure Sodium is a yellowish appearing HID light source that has
a low CRI.
(0) Induction Lamp is a Fluorescent technology that excites the phosphorous
material with high frequency radio waves instead of using an electrical
discharge. The expected life of these Lamps is 80,000 plus hours.
(p) Installer is the person or company that installs the lighting Measures as
allowed under this C&ILO.
(q) Lamp is a generic term for an artificial light source.
(r) Light Emitting Diode or LED is a semiconductor that glows when a
current is passed through it. LEDs are low Lumen, low wattage devices that
produce a directional light beam. LEDs can be arranged in different patterns
and therefore are ideal for signage lights.
(s) Lumen is the unit of measure for the total light output of a Lamp or
Luminaire.
(t) Lumen Maintenance refers to the decrease ofthe Lamp Lumen output over
time. Such a decrease is caused by bulb wall blackening, phosphor
exhaustion, filament depreciation, and other factors. Lumen Maintenance is
also referred to as Lamp Lumen depreciation.
(u) Luminaire refers to the entire lighting unit and primarily includes the
housing, Lamp, the Lamp holder, the Ballast, the lens, and the reflector.
Strip Fixtures where the Installer installs all new Lamps, Lamp holders,
Ballast, lens, and reflector can be considered a new Luminaire.
06ES-10672, Port Angeles
Exhibit A, Project 2: C&ILO
2 of 14
(v) Mercury Vapor is an older type of HID light source that has a low CRI and
low Efficacy.
(w) Metal Halide is considered the best HID light source for most applications.
Metal Halides produce a neutral white light that has a relatively high CRI.
(x) Nominal means "manufacturer stated." A manufacturer will stamp a value
on the piece oflighting equipment or on the nameplate that is usually
expressed in watts or Lumens.
(y) Plug-In Lkmp or PL designates a snap or plug-in Fluorescent Lamp as
opposed to a screw-in type Lamp.
(z) Probe-Start refers to the typical method for starting a Metal Halide bulb.
Probe-Start is less efficient than the pulse-start method.
(aa) Retrofit means the installation of new Lamps and Ballasts in existing
Fixtures. In some cases, reflectors may be added and old lenses may be
replaced.
(bb) T5s, T8s, and T12s are Fluorescent tubes that are 5/8 inch in diameter,
1 inch in diameter, and 1-1/2 inches in diameter, respectively.
(cc) Total Harmonic Distortion or THD is a measure of how close the wave
form of an electronic device is to a perfect sine curve. THD is expressed as a
percentage. The higher the percentage of THD, the higher the distortion
level. A THD percentage of 20 percent or less is considered a low distortion
level. A device that creates a high distortion can reduce the expected life of
such equipment, and in some instances reduce the expected life of
surrounding equipment.
(dd) Very High Output Fluorescent Lamps are Fluorescent Lamps that are
designed to have significantly higher Lumen output than standard Lamps.
The Ballasts overdrive these Lamps to the point where they are inefficient
and have short lives. These Lamps are targeted for Retrofit or in some cases
the entire Fixture replaced.
(ee) Underwriters Laboratory or UL is an independent laboratory that
evaluates products primarily for safety. A UL label or rating indicates a
measure of safety.
3. PROJECT REQUIREMENTS
(a) Port Angeles may implement this Project using Port Angeles' staff or
contractors to provide the services necessary to install the Measures.
(b) Only Units installed in industrial and commercial facilities served
by Port Angeles are eligible for reimbursements under this Project.
06ES-10672, Port Angeles
Exhibit A, Project 2: C&ILO
3 of 14
(c) BPA shall only pay for new equipment.
(d) Except for Units that were Work in Progress at the time this
Agreement replaced Purchase of Conservation Agreement
No. 01ES-10390, BPA shall not pay reimbursements for equipment
purchased prior to execution of this C&ILO.
(e) All Measures shall be Completed Units prior to requesting
reimbursement from BP A.
(f) Port Angeles shall retain all supporting documents for lighting
Measures as required in section 8 of the body of this Agreement.
(g) BPA shall only pay for Completed Units that are cost-effective.
Measures available in the C&ILO - Commercial and Industrial
Lighting Schedule (Schedule) are determined by BPA to be Cost-
Effective. Additional Measures proposed pursuant to section 6 of
this Project shall be evaluated by BPA for cost-effectiveness. Cost-
Effective Units are those that have a Total Resource Cost
Benefit/Cost ratio equal to or greater than 1 in the RTF system.
(h) Reimbursements from BP A are only available for replacement of
existing equipment in existing facilities.
(i) All Sub-Projects1 must reduce the affected lighting wattage by 30 percent or
greater, where:
Percent Watt Reduction = 100 x (Input Watts of Removed
Lighting - Input Watts of Installed Lighting) .;. Input Watts of
Removed Lighting.
(j) All Ballasts and Luminaires shall be UL rated.
(k) Ballast Warranty: All electronic Ballasts shall be warranted
against defects in material and workmanship for a minimum of
three years, except for those Ballasts listed under sections 5(a),
5(b), and 5(1) ofthis Project which shall be warranted for five years.
The warranty shall include either a 10-dollar replacement labor
allowance or complete replacement including labor by an agent of
the manufacturer.
(1) Lamp Warranty: Lamps shall be warranted against defects in material and
workmanship for two years. The warranty shall provide for replacement
Lamps.
1 "Sub-Projects" shall be defined as a Measure or group of Measures included in a report submitted to
BPA by Port Angeles. The term "Project" refers to the entire C&ILO and includes all "Sub-Projects"
reported by Port Angeles and accepted for payment by BP A.
06ES-10672, Port Angeles
Exhibit A, Project 2: C&ILO
4 of 14
(m) Compact Fluorescent Light Warranty: CFLs shall be warranted for at least
one year, or for the manufacturer's stated life of the CFL.
(n) All Ballasts shall be capable of starting the Lamps at the appropriate
ambient (surrounding) temperatures. Examples of such ambient
temperatures include indoor heated, indoor non-heated, normal outdoor, and
cold climate outdoor.
(0) Port Angeles shall ensure that all materials, including Polychlorinated
Biphenyls (PCB) Ballasts are disposed of, or recycled, in accordance with
current environmental laws.
4. REIMBURSEMENTS AND REPORTING OF LIGHTING MEASURES
BPA's reimbursements for lighting Measures are shown in Schedule.
(a) Port Angeles shall verify that all Measures submitted for reimbursement
have been installed, are operating correctly and meet the specifications for
the Measure installed.
(b) Port Angeles shall complete the electronic version of the Standard Offer
Lighting Spreadsheet Tool (Tool) available in the RTF system for each facility
where Measures are installed. Port Angeles shall ensure that Measure
location descriptions clearly describe the actual location the Measure(s) are
installed.
(c) Port Angeles shall label all supporting documents for Measures included in
the Tool with the unique reporting system number and submit the RTF
system report to BP A. Port Angeles shall label the completed Tool with the
unique reporting system number and submit the Tool directly to the BP A
contact shown in section 7(c) of the main body of this Agreement.
5. REQUIREMENTS FOR LIGHTING MEASURES
Port Angeles may offer programs to their Consumers for any or all of the Measures
shown in the Schedules. Port Angeles shall follow the procedures and requirements
below to receive reimbursement from BP A.
(a) High Performance T8 Fluorescent Lamps and Electronic Ballasts
(1) This Measure can be installed as part of a Retrofit or included as part
of a new Fixture.
(2) This Measure must replace a T12 Fluorescent, T8 De-Lamp,
incandescent, Mercury Vapor lighting, standard T8.
(3) This Measure primarily consists of 4-foot T8 Lamps, but may include
T8 Lamps between 2 feet and 8 feet in length. High Performance T5
Linear Fluorescent Lamps may be included as part of this Measure if
they become commercially available.
06ES-10672, Port Angeles
Exhibit A, Project 2: C&ILO
5 of 14
(4) The Ballast input watts shall be from 15 to 114 watts.
(5) The Lamps shall have:
(A) a CRI equal to or greater than 82;
(B) a Lumen Maintenance equal to or greater than 94 percent;
(C) a Lamp life equal to or greater than 24,000; and
(D) 4-foot F32T8 (Fluorescent 32 watt T8) Lamps shall, for Kelvin
ratings less than 5000, have initial output equal to or greater
than 3,100 Lumens. For Kelvin ratings 5000 and greater than,
4-foot F32T8 (Fluorescent 32 watt T8) Lamps shall have an
initial output equal to or greater than 3000 Lumens.
(6) Lamp/Ballast combinations shall have an Efficacy of equal to or
greater than 95 Lumens per watt.
Lamp/Ballast Efficacy = (Initial Lamp Lumens x No. of
Lamps x Ballast Factor).;. Ballast Input Watts.
(7) Port Angeles shall submit either the manufacturer's Cut Sheet
documenting initial Lamp Lumens, Lamp Lumen Maintenance,
Ballast factor, and Ballast input watts, or list the manufacturer's
model numbers and performance when submitting a report to BPA for
this Measure.
(b) T8 or T5 Fluorescent Lamps and Standard Electronic Ballast
(1) This Measure can be installed as part of a Retrofit or included as part
of a new Fixture. This Measure is to be installed only when the
Measures described in section 12(a) would not be most appropriate to
install at a particular facility.
(2) This Measure includes T8 and T5 linear Fluorescent Lamps, 2 feet to
8 feet in length.
(3) The Ballast input watts shall be from 15 to 114 watts.
(4) Lamps shall have:
(A) a CRI equal to or greater than 80;
(B) a Lumen Maintenance equal to or greater than 90 percent;
(C) a Lamp life equal to or greater than 20,000 hours; and
06ES-10672, Port Angeles 6 of 14
Exhibit A, Project 2: C&ILO
(D) any 4-foot F32T8 (Fluorescent 32 watt T8) Lamps shall have
initial output equal to or greater than 2,800 Lumens.
(5) Lamp/Ballast combinations shall have an Efficacy of equal to or
greater than 80 Lumens per watt.
Lamp/Ballast Efficacy = (Initial Lamp Lumens x No. of Lamps
x Ballast Factor) + Ballast Input Watts.
(c) Hardwired Compact Fluorescent
(1) This Measure includes both Hardwired Compact Fluorescent Fixtures
and Retrofits.
(2) The Ballast input watts shall be from 7 to 99 watts.
(3) This Measure must replace existing incandescent or Mercury Vapor
lighting.
(4), Any Hard-wired Retrofits must remove the existing screw-in Lamp
sockets. Recessed Fixtures must include a reflector designed for the
new Lamp.
(5) Lamps shall have:
(A) a CRI equal to or greater than 80;
(B) a Lumen Maintenance equal to or greater than 80 percent; and
(C) a Lamp life equal to or greater than 10,000 hours.
(6) Ballasts shall have:
(A) a power factor equal to or greater than 90 percent;
(B) a THD less than or equal to 33 percent;
(C) a Lamp current crest factor ofless than or equal to 1.7, Class A
sound rated; and
(D) an end of life protection provided.
(7) Lamp/Ballast combinations shall have a minimum Efficacy of
46 Lumens per watt for Lamps under 30 watts, and 60 Lumens per
watt for Lamps 30 watts or greater.
06ES-10672, Port Angeles
Exhibit A, Project 2: C&ILO
7 of 14
(d) Ceramic Metal Halide Luminaire
Ceramic Metal Halide is a Hard-wired Fixture that uses a HID Lamp. The
Ceramic Metal Halide:
(1) shall have a nominal lamp wattage between 20 and 250 watts;
(2) must replace existing incandescent lighting or Mercury Vapor
lighting; and
(3) shall have Lamps that have:
(A) a CRI equal to or greater than 80;
(B) a Lumen Maintenance equal to or greater than 80 percent; and
(C) a maximum color shift over the life ofthe Lamp ofless than or
equal to 200 degrees Kelvin.
(e) Screw-in Compact Fluorescent Lamps
(1) This Measure may consist of either:
(A) a one-piece or modular screw-in CFL that is rated at 3 watts or
above (nominal); or
(B) screw-in Cold Cathode Lamps.
(2) The Measure must replace existing incandescent or Mercury Vapor
lighting.
(3) The installation of this Measure in recessed Fixtures is not
recommended; however, if done, the Lamps in recessed Fixtures must
include a reflector designed for the Lamp.
(4) Screw-in compact Fluorescents must bear the ENERGY STAR@label
and meet the ENERGY STAR@ specifications for energy efficiency.
These specifications are located on the EP A Energy Star website at:
htto:/lwww.energystar.gov/index.cfm?c=lighting. Dr lighting
Where ENERGY STAR@ specifications do not apply, substitutions
may be allowed with prior written approval from BPA.
(D LED or Cold Cathode Signs
(1) This Measure includes new LEDs or Cold Cathode signs.
06ES-I0672, Port Angeles
Exhibit A, Project 2: C&ILO
8 of 14
(2) This Measure must be a Retrofit or replace an existing incandescent
or neon SIgn.
(3) The new signs must meet the ENERGY STAR@ specifications for
energy efficiency. These specifications are located on the EPA Energy
Star website located at:
http://www.energystar.gov/index.cfm?c=lighting. pr lighting
(4) The input power must be less than 5 watts per face.
(g) Induction Lamp Luminaire
(1) This Measure shall be new, however, in some cases, high-quality
Fixtures may be retrofitted. Such Fixtures shall be heat tested to
ensure that the Retrofit configuration is within the manufacturer's
required temperature range.
(2) This Measure must replace existing incandescent or Mercury Vapor
lighting.
(3) The Lamps shall have:
(A) a CRI equal to or greater than 80; and
(B) a Lamp life equal to or greater than 80,000 hours.
(h) High-Output Fluorescent Luminaire
(1) This Measure is a Luminaire that may include new T5, T8, or long
twin-tube PL. The Lamps can be either standard or high-output
Lamps. The Luminaire must be either 4-foot or 8-foot in length.
(2) The Ballast input watts shall be from 85 to 600.
(3) This Measure must replace:
(A) T12 Fluorescent/magnetic Ballasts;
(B) Mercury Vapor;
(C) High Pressure Sodium;
(D) Probe-Start Metal Halide; or
(E) incandescent bulbs.
06ES-10672, Port Angeles 9 of 14
Exhibit A, Project 2: C&ILO
(4) The Lamps shall have:
(A) a CRI equal to or greater than 80;
(B) a Lumen Maintenance equal to or greater than 90 percent; and
(C) a Lamp life equal to or greater than 18,000 hours.
(5) The Lamp/Ballast combination shall have an Efficacy of greater than
80 Lumens per watt.
(i) Pulse Start Metal Halide Luminaire
(1) This Measure shall be a new Luminaire and shall be installed only
when it is not feasible to install High Output Fluorescent Luminaires.
(2) The Ballast input watts shall be from 300 to 750 watts.
(3) Lamps shall have:
(A) a CRI equal to or greater than 65;
(B) a Lumen Maintenance equal to or greater than 75 percent; and
(C) a Lamp life equal to or greater than 20,000 hours.
(4) The Lamp/Ballast combination shall have an Efficacy equal to or
greater than 89 Lumens per watt.
(j) Occupancy Sensors and Timers
(1) This Measure includes infrared, ultrasonic, and dual-technology
sensors. This Measure may be installed on wall, ceiling, or Fixture
mounts. Timers can also be included as part oftms Measure. Either
the occupancy sensor or the timer can qualify for incentives under this
C&ILO.
(2) The occupancy sensor must be compatible with the controlled lighting
equipment.
(3) The infrared sensors shall require an unobstructed view of targeted
motion.
(4) All sensors shall be tuned after installation for proper coverage,
sensitivity, and time delay.
(5) The timers and the occupancy sensors shall be rated for the controlled
wattage.
06ES-10672, Port Angeles
Exhibit A, Project 2: C&ILO
10 of 14
(6) The timer may be either electronic or mechanical.
(k) High Output Fluorescent Retrofit
(1) High Output or Very High Output T12 Fluorescent equipment shall be
retrofitted with T8 High Output Lamps and Ballasts. This Measure
does not require a new Fixture. The Lamps and the Ballasts shall be
new.
(2) The input watts ofthe existing Luminaire shall be greater than
200 watts.
(3) The Lamps shall have:
(A) a CRI equal to or greater than 80;
(B) a Lumen Maintenance equal to or greater than 90 percent; and
(C) a Lamp life equal to or greater than 18,000 hours at existing
conditions.
(4) Lamp/Ballast combination shall have an Efficacy of greater than
80 Lumens per watt.
(1) Very High Output Retrofit with T5 Lamps and Ballasts
(1) Very High Output Fluorescent Lamps (T12) equipment shall be
retrofitted with T5 Lamps and Ballasts. This Measure does not
require a new Fixture. The Lamps and the Ballasts shall be new.
This Measure is to be installed only for applications where the Lumen
output must be equivalent to the Lumen output of the existing
equipment.
(2) The input watts of the existing Fixture shall be greater than
400 watts.
(3) The Lamps shall have:
(A) a CRI equal to or greater than 80;
(B) a Lumen Maintenance equal to or greater than 90 percent; and
(C) a Lamp life equal to or greater than 20,000 hours at existing
conditions.
(4) The Lamp/Ballast combination shall have an Efficacy of greater than
80 Lumens per watt.
06ES-10672, Port Angeles
Exhibit A, Project 2: C&ILO
11 of 14
(m) Equipment Not Listed in the Tool
Port Angeles may install equipment as part of the Measures listed in this
section that are not specifically listed in the Tool as long as they meet the
Measure specifications as listed above. Port Angeles shall enter the
information regarding such equipment in the Tool.
6. CONSIDERATION OF ADDITIONAL LIGHTING MEASURES
Port Angeles may request BP A's consideration of lighting Measures that are not
included in the Schedule. BP A shall review the request and provide notice
approving or disapproving the addition of the requested lighting Measure.
7. MEASURE LIFE
The Measure life for all Measures under this Project is 10 years except for CFLs,
which is three years. If a stranded investment or reimbursement charge is
calculated pursuant to section 13(e) of the body of this Agreement, the Measure life
provided in this section shall be used for the calculation.
8 IMPLEMENTATION PERIOD
This Project may be implemented from the execution date through September 30,
2007, provided that all Measures installed under this Project are Completed Units
by this date.
9. IMPLEMENTATION BUDGET
(a) Implementation Budget Amount
BPA shall provide 131,985 dollars for implementation of this Project. Port
Angeles may invoice BPA up to this total Implementation Budget amount for
Completed Units installed pursuant to this Project.
(b) Request for Additional Implementation Budget
If Port Angeles expends this Implementation Budget amount prior to
September 30,2007, Port Angeles may request additional Implementation
Budget. BP A shall review the request and will provide notice accepting or
rejecting the request. If BP A approves the addition of an amount to the
Implementation Budget for this Project, BPA will revise this Project and send
the revised Project to Port Angeles.
(c) Implementation Budget Review
BPA shall periodically review Port Angeles' activities and implementation
under this Project. In consultation with Port Angeles and after providing
three months written notice, BPA may reduce the Implementation Budget. If
BPA reduces the Implementation Budget for this Project, BPA will revise this
Project and send the revised Project to Port Angeles. BPA shall take into
account all factors that Port Angeles believes will affect future rates of
expenditure. If requested by BPA, Port Angeles shall provide a list of
potential lighting Sub-Projects to BPA. BPA shall not reduce the
Implementation Budget below:
06ES-10672, Port Angeles
Exhibit A, Project 2: C&ILO
12 of 14
(1) the level needed to meet all the estimated costs of lighting Sub-
Projects under review by BPA; and
(2) the level needed to cover the estimated cost associated with all
lighting Sub-Projects that have been presented to Port Angeles by any
Consumer, and that, in the opinion of Port Angeles have a high
likelihood of gaining Port Angeles and BP A approval.
(d) Administrative Allowance
Port Angeles may choose to receive an administrative paYment of up to
15 percent of the reimbursement amount on each report submitted to BP A for
reimbursement. BP A shall, when the report is accepted, pay the
administrative allowance amount requested. Administrative paYments from
BPA shall'be paid pursuant to section 7(d) ofthe body ofthis Agreement.
10. REPORTING AND PAYMENT
(a) Frequency of Invoicing
Port Angeles may submit reports to BPA for Completed Units, but no more
often than once per month. BP A shall review the report and pay for those
lighting Measures accepted by BP A.
(b) Final Invoicing
Port Angeles shall have until October 31,2007, to submit final invoices for
lighting Measures that were Completed Units by September 30,2007.
(c) Alternative to RTF Reporting
Port Angeles may, only when approved in writing by BPA, submit completed
and signed Schedules directly to BP A as provided in section 7 of the body of
this Agreement. If this alternative is approved by BP A, BP A may impose
additional requirements with the written approval.
11. CONSUMER TRIGGERED STRANDED CONSERVATION INVESTMENTS
(a) Port Angeles shall repay BPA's conservation investment ifthe BPA paYment
to Port Angeles to achieve any portion of Energy Savings associated with a
lighting Sub-Project was a single paYment of 100,000 dollars or greater for
Completed Units installed in a Consumer's facility. The repaYment shall be
due to BP A when the Consumer:
(1) stops purchasing all of its electricity from Port Angeles, but
(2) continues to operate with electricity provided by any other entity,
including energy the Consumer produces from its own generation
resources, and
(b) Port Angeles shall notify BPA when a repaYment is due BPA pursuant to
section 13(a). BPA shall calculate the repaYment amount using the formula
in section 13(e) ofthe body ofthis Agreement.
06ES-10672, Port Angeles
Exhibit A, Project 2: C&ILO
13 of 14
(c) The repayment shall be made within sixty business days ofthe date the
Consumer ceased purchasing all its electricity from Port Angeles. Port
Angeles shall reference the Agreement number on the repayment document.
The repayment shall be remitted by electronic funds transfer to BPA's
account or by check to the following address:
Bonneville Power Administration
P.O. Box 894196
Los Angeles, CA 90189-4196
CHQ5FOI-PNK-l-S: \PortAngelesC&ILOCCAA) doc) 3/23/2006
06ES-10672, Port Angeles
Exhibit A, Project 2: C&ILO
14 of 14
Title:
Address:
Existing
Equipment
T12
Fluorescent,
T8 De-Lamp,
Incandescent,
Mercury
Vapor
Incandescent
Mercury
Vapor
T12
Fluorescent
orMV/HPS
or
or
or
C&ILO - Commercial and Industrial Lighting Schedule
Project #:
Invoice#:
Reimbursement
Per Unit
5
Total by
Measure
Includes T8, 2' to 8' Lamps: Ballast: PF ~ 95%, THD 520%. Lamp: Lumen Mamt. ~ 94%, CRI ~ 82, Lamp hfe ~
24,000 hrs, 4' Lamp<5000 Kelvm w / Lumens ~ 3,100 or <5000 Kelvm w / Lumens ~ 3,000, Initial Lumens/Watt ~
95
1. 1 Lamp and electronic Ballast (15 to 44 input watts)
FY06
$20
$40
FY07
$15
$30
Includes T8 and T5, 2' to 8' Lamps. Ballast: PF ~ 90%, THD 520%. Lamp: Lumen Maint. ~ 90%,
CRI > 80, 4' Lamp Lumens> 2,800, 4' Lamp l~fe > 20,000 hrs, Initial Lumens/Watt > 80
1. 1 Lamp and standard electronic Ballast (15 to 44 input watts) FY06 FY07
$15 $8
-- ---~------ ~----_._~-----,---------_.. ---
2. 2 to 4 Lamps and standard electronic Ballast (45 to 114 input watts) $30 $15
06ES-I0672, Port Angeles
Exhibit A, Project 2: C&ILO
2. 2 to 4 Lamps and electronic Ballast (45 to 114 input watts)
B T8 or T5 Fluorescent Lamps and Standard Electronic Ballast
C Hardwired Compact Fluorescent
Hardwired Ballast and replaceable Lamp, CRI > 80, see Speaficatwns for Lumens/Watt requ~rement
7 to 49 Watts (Nominal Watts) $30
-- ---- -----~"-----~" - ----~.
50 to 99 Watts $50
.
Includes one P~ece or Modular, Energy Star comphant where appl~cable. Includes Cold Cathode Lamps.
3 to 24 Watts (Nominal Lamp Watts) I $3
25t~45 W~tt~---_._----------------------------i---. $?_ .__ _. ___
over 45 Watts I $12
$30
---$$:200 -----[-
>80
Probe-Start
Metal Hal~de
or Lamp L~fe > 20,000 hrs, Lumen Mamt. > 75%, CRI> 65, Initial Lumens/Watt > 89
Incandescent 1. 300 to 399 Wa~ts (Nominal La~p Watt~) . ___~!22...._ f-
2. 400 to 750 Watts $150 I
lof2
C&ILO - Commercial-Industrial Lighting Schedule
(continued)
Title:
Address:
Project #:
Invoice #:
VHO
Measure Description
Reimbursement
Per Unit
Total by
Measure
Existing
Equipment
Manual
Control
$35
$45
"8'T12
HO and VHO
"8'T12
1.
2.
$25
$50
A. Reimbursement Item Total ($):
B. Total Project Costs:
C. 70% of Project Cost:
D. Lower of "A" or "c" above:
E. _% of"D" above (not to exceed 15%):
F. Reimbursement ("D" plus "E"):
Percent (%) Wattage
Reduction:
Annual kWh Savings:
Useful Information
1. Has the installed equipment met the Project requirements and specifications?
2. Are the Measures listed properly installed and operating?
3. Has the Sub-Project achieved a 30% or greater Watt Reduction?
4. Have invoices been labeled with the unique identifying number from the RTF reporting
system?
Completed By:
(Yes/No)
(Yes/No)
(Yes/No)
(Yes/No)
Date:
(HQ5FOl- PNK-l-S' \ PortAngelesC&ILO( CAA).doc) 3/23/2006
06ES-10672, Port Angeles
Exhibit A, Project 2: C&ILO
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