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HomeMy WebLinkAboutR-2010-088 North 40th and Summitview Avenue LED Street Lighting Energy Efficiency Incentives Agreement; Pacific PowerRESOLUTION NO. R 2010 -88 A RESOLUTION authorizing and ratifying the City Manager's signature executing a FinAnswer® Express Incentive Agreement with Pacific Power for electric efficiency incentive program participation at the 40th Avenue and Summitview Avenue street light system location, and further authorizing the City Manager to execute all future necessary and appropriate documents for the City's various other street Tight system locations participating in the efficiency incentive program. WHEREAS, the City of Yakima owns street lighting systems located at each street intersection and various mid block and other locations providing a valuable and necessary safety function throughout the City with said street lighting systems requiring energy efficient upgrades from time to time; and WHEREAS, incentives are available via an energy efficiency incentive program offered by Pacific Power; and WHEREAS, Pacific Power has the experience and expertise necessary to provide said incentive programs and is willing to do so in accordance with the terms and conditions of the attached agreement; and WHEREAS, Pacific Power's electric efficiency incentive program require document signatures by the City Manager before energy evaluation programs proceed; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to ratify the City Manager's signature and authorize him to execute future agreements with Pacific Power for the City's various other street light system locations incentive program participation, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager's execution of FinAnswer® Express Incentive A%reement with Pacific Power for electric efficiency incentive program participation at the 40 Avenue and Summitview Avenue street light system location is hereby authorized and ratified, and the City Manager is further directed and authorized to execute all future necessary and appropriate documents for the City's various other street light system locations participating in the efficiency incentive program. ADOPTED BY THE CITY COUNCIL this 6th day of July, 2010. ATTEST: Deborah Kloster, C' y Clerk ms/RES NO. R-2010-88 Pacific Power Incentive.rtf Micah Cawley, Maor JIUN-25-201 i0 FRI 10:41 AMl CITY OF YAK I MA P. W. FAX NO. 509 575 6238 z.d R-20/c-8�- FinAnswer® Express Incentive Agreement (Washington Schedule 115) k{() This FinAnsv'cr Express Incentive Agreement ("Agreern dated 6/16/2010 by and between Pacific Powc!• and City of Yakima / LED street lightin shall be effective only if Customer sigifS the ;nee trent and delivers it to Pacific Power at 825 NE Multnomah, #600 — Attn: Energy EfEciene Programs, Portland OR 97232 within 45 days of the date first written above. Recitals a. Pacific Power makes available energy efficiency incentives (the "Incentive") to eligible l'aci£ c Power customers who install recommended electric energy efficiency measures ("EEMs"), b. Customer is an existing customer of Pacific Power on Schedule: WA24 at 40'' & Sum ❑aitview, Yakima Wa. 98902 (the "Facility"). c. Power has evaluated Customer's use of electricity at the Facility and recommended ,EEMV's ("Recommended EEMs") to improve the efficiency of the Customer's use of e,eC ricity. d. info enation regarding the Recommended EEM design intent and equipment aitd operating assr rmpticns is provided in the following document(s), referenced and made a part of ties A;,,r ;:cn ent Energy Analysis dated performed by X pre: -inspection dated 6/1 O/09,"Qerformed by William Cratchel e. Cus :ctmer wishes top. oceed with the installation of the Recommended EEMs, and LCs :omcr shall install the Recommended EMs no later than 6/16/11 (the "11e:wired Corrpletion Date). f. Cels tanner wishes to qualify for, and Pacific Power wishes to set out the terms whereby Customer may qualify for, the Incentive in connection with Customer's installation of Rec omen ended EEMs. I PACIFIC POWER WA FinAn s car Express Incentive Agreement v2I09 — Page 1 of 7 Prefect narr e: City of Yakima LED street ilgMs 40th & Summitview_,_• (# )€/15/2610 C,G9L-£8L-609 d67 Z0 o L LO 1o0 AN -25-2010 FR1 10:42 AM CITY OF YAKIMA P. 41. c'd 111 EREFORE, P rci fie Power and Customer agree as foUows: Ai:tree-4'nOM 1. i)e:ir:it',pus, All capitalized terms not otherwise dincd in tr is Agreement shall have the meaning 2scribett to;hen in the Washington Tariff Schedule 113 in ef=cc: as of the date above, and hereby incorpo: atec l by reference into and made a part of chis Agreer: en t, Qualifying equipment/services incentive at counts, and other terms and conditions are posted <it tile program Web site, and thc Tariff Schedule incorporates that information by reference. All provisions of the Tariff Schedule. including the aaove infclra tion listed on the program Web site as of the care above, apply to this Aga -cement. The following t _rm; used in this Agreement shall be defined as -Follows: 1.1. "irs,110df• shall mean a payment to Customer by Pacific Power to help offset a portion of t tastcmer's Recommended F.EMI Costs that is paid ; n accordance with the provisions of this :mad and Tariff Schedule 115. 1.2, "Et; rartzdtlEEM Costo" shall mean the Gust:>rnees reasonable cots incurred (net of any dscounts, rebates, incentives, or other cepsdaemon that reduces final actual 'Reef mnuncied EEM Costs incensed by. Cust xrut) to purchase and install Rect ,analtied 17.EMs at Customer's Facility by the I:cquirixl Completion Dale, If C\istomer installs the Recommended FF.v1rti the cost of inst.Ilaticn :gall be equal to Customer's actual abo costs for such instiallydion. 1:3, "ItelornenersieilLater shall meant the FEMs spec ifie‘i in the atrached Exhibit A. 2. Qualifim ion for the Incentive; Incentive f .im+tati o Is. 2.1. Tu, testify for the Incentive, Customer must: 2,1,1, Permit Pacific Power or Pacific Power's con,tultant to inspect the existing conditions prior to the installation of or FAX NO, 509 575 6238 03 removal of any Recommended EEMs ail prior to signing this Agreement. 2.12 Notify Paci ire Power of any changes or • change orders issued to contractors o< installers That materially affect the Recommended EEM Costs or savilgs specified in the Agreement prior to installation in the Fadlity. 2:1.3. Not later than the Required Completion, Date, Customer shall: 2.1.3.1. Properly install or muse to be properly installed the Recommended lifts listed in Exhibit A at Customer's Facility and, 2.13.2, Provide a written request for an !eve ctiort of the fully installed Recommended EEMs 2.1A. Not tater Nur .nC_Nf,i1,t_ilar the Revised crow, , ren Date, prevido Pacific Powr with documentation of Recommended' EE113 Costs as this Aveem=t &slt terminate. Documentation of Recornntended Ii12s l Costs includes ttje following: 2.1.4.1. Copies of invoices docetraenting final Recommended EEM Costa by Recommended EEM with labor and material itemized and including documentation of any discounts, rebates, incentives, err other consideration that rt dueta final actual Recommended 13E I$1 Costs incurred by Customer. 2.1.4.2. Documentation of the actual cost of labor fox any Recomrttetded REMs installed by the Customer, showing date work performed, name of IN PACIFIC POWER WA FinAnss oer E:cpress Incentive Agreement v2/09 — Page 2; of 7 Project nerr e; __City of Yakima LED street lights 401" & Summitview" (# )6/1612010 '99L -`;9L-609 dev:Z0 Ot LO loo • :Ji_N-25-2010 FRI 10 42 Pill CITY OF YRKIMA P. W. d worker, hours worked, EEM installed, and labor rate. 2.1.5. Penal c Pacific Power or Pacific Power's coannitant to inspect the fully installed I leeommended EEMs and review and ppr ve final Recommended EEM Costs c'.ocuxaeotntion. 2.1 Caste, ncr agrees that the final Recommended EEM Costs represent costs actually incurred and are net of any discounts, rebates, incenl ivcs, or other consideration that reduce% final ; ictutrl Recommended EF.M Costs ircuned by Customer, 2.3. Custt tr.a agrees that Pacific Power has the right :a requeat any other restsonable docrujnern ation ar verification of costs of pure; asin g and instilling the Recommended IliM s, including but not limited to dace negation on from the Customer's contractor, supplier Of otter vendor to ride: Tine the price paid by the Customer.. 2.4. Custain er agrees that the Recommended EI3Ms specified will not be eligible for any other Pati: is Pewee incentives other than the Ince it ivce a vai I able nadir this Agrc c ncn+t. Accordingly, the Customer shall not apply for any itthcr Pacific Power Incentives with asp ixt to these Recommended EEMs at any time, before or Mier the Required Completion flak. 2.5. Gust rimer hereby transfers to Pacific Power all "Ea-rirontn ntal Attributesr•attributable to the inc,gy Efficiency Project or its operation. F.nvirotmental Attributes include any and all crec its, benefit%, emissions reductions, offsets and alio%aoc , hewsroever entitled, resulting fron the avoidance of the emisrion of any sub:lanoe to the air, gull or water at or by Patc'.ftCorp generating facilities through reduced generation of energy or tither savings or c fcseis on account of the Energy Efficiency Project, Customer wilt not claim ownership of any 1. nvuronmental Attributes. M long as Clr: teener at the Fame time stag the Energy Ef lcicancy Project was made possible with FAX NO. 509 575 6238 P. 04 funding from Pacific Power, Custotner may claim that it is facilitating the production of the Environmental Attributes attributable to the Energy Efficiency Pro}ea. 2.6. Pacific Power or its consultant chatl inspect Customer's Facility to dderaiirte i i proper installation of the Recommended EEMs has been completed at Customer's Facility. 2.1. If Pacific Power dcternines (in its sole discretion) that all of the Recoiumcndcd EEI�1s have been installed in a satisfactory meaner. Customer shall bo eligible for an esti inaced maximum Inoentivc of $Z,281.0U (the "E,,timated Maximum Incentive"). The Estimated Maximum Incentive is based on tlii total eaimated Recornonendod EEM Coats af: i annual deetric energy savings. Recontn ei ded EEM Costs and electric energy savings estimates arc subject to Pacific Power approval. 2.8. Pacific Power will review and approve finale Recommended EEM Costs and projected annual electric savings. Tht frn3l huxntive. ("Final Incentive") paid is based on actual approved Recommended EEM Costs and • electric energy savings for installed Recommended EEMs. The Final Incentive. paid shall be no more than 120% of the Estimated Maximum Incentive. 2.9. To the extent that Pacific Power ecter_•;.ine$ (in its sole discretion) that all of the Recommended EEMs have not been installt;d or that some Recommended EEMa have nut been installed in a aatisfactory manner, Customer shall not be eligible for the Estimaied Maximum Incentive. In such eget, Pacific Power sbaU rcxrlonlate a reduced ij nal Incentive, if any, bared on the actual Recommended EEMs installed in a satisfactory manner, using the same methodology that Pacific Power previously used lo catculatLithe Estimated Maximum Incentive. 2.10.1T Customer terminates a material portion of its electric service requirctrunts from Pacific Power for, the facility within 60 months of the Ng; PACIFIC R VIA FinAn7ver Express ineenbue Agreement v2/09 — Page 3 of 7 Project narr e: __City of Yakima LED street lights 401h & Surnrnifview(# )611 3120 1 0 ` 99L-C8L-609 d6ta iZO O6 LO PO J1114 -25-201C FPI 10 42 All CITY OF YAKIMA P.W. g.d d3:c o:' the Fugal Incentive payment under this Are vent and Facility remains in operation, CuWo1 nor is obligated to repay the Final Insect;.vc to Pacific Power within 30 days of writtet:eq est. Therepaymen: ("Rep tyment') iy determined ass follows: Repa,,nesse Final Incentive x (60 -Savings Dciiv iryT errn)160, where Savings Delivery Term = ntunber of months between the month the final Incentive payment was made and the crcnttt the Facility terminated a material Fortis n of its d cmc service. For determining the 3t:payment, dates shall be the first day of tete :n onth in which they occur. 3. Pacific Po' ver Obligations. 3,1. After receiving written notice Own Customer that i:nstailation of Rocommcsnded L'h:Ms in cor / leted and documentation of final Recaromcnaded EEM Costa, Pacific Power err psi!is Power's consultant will prosy inspt et the Recommended EEMs to verify their proper installation and review Coral Rootrrvncxtcied LEM Casts submittals. :.2. Prov lard that Customer qualifies to receive the Ince ttive in accordance with Section 2 above, Paci ?cc Power shall pay to Customer (or the rssitxtct if assigned), within 45 days of satisf^.ctoty inspection of the fully ins -tilled ,~ter,, tm mended F.FMR and receipt of final Rea, trnmmtde.d EEM Costs submittals, the Fina 1 Inccrativc specified in Section 2. umrri ION ON DAMAGES. Customer shall indepene,ntly evaluate any advice or direction , giver; by Pacif. c Power related to animates of alectriavvings or the cost selection or installation of EEMs. IN NO EVENT WILL PACIFIC', POWER BE LIABLE FOR THE FAILURE OF CUSTOMER TO ACHIEVE A SPECIFIED AMOUNT OP ENERGY SAVINGS, THE OP : R TION OF CUSTOMER'S FACiLE IES, OR ANY INCi:DENTAL OR coNSEQxENTIAL DAMAGES OF ANY KINT) 1N CON NiCTION WITH THIS AGREEMENT OR THE INSTALLATION OF RECOMMENDED riTiM' S, AND IN NO EVENT SHALL PACIFIC FAX N0. 509 575 6238 } D. .05 POD'S LIABILITY EXCEED ANY OBLIGATION TO PAY TEE INCENTIVE IVE FOR WHICH CUSTOMER IS ELIGIBLE UNOE_. SECTION 2 OF THIS AGREEMENT, 5. Toxic!Materials. Pacific Power and its consultants shall hove no responsibility for the discovery, presence, handling, removal, or d1sp l of o caiposurc of persons to hazardous materials als of any: kind in connection with Customer's Facility, inoluding without Iitnitation, ashcstos, asbestos products, PCBs, or other toxic substanxs. 6. Attorneys' Fees. If arbitration or litigation is commenced by either party to enforce or interpret any of the provisions of this Agreement, the prevailing patty shall be entitled to recover reasonable costs and attorneys' fees at tilt arbitration, at trial, on appeal, and on any petition. for review. 7. 1?ntire Agt'eeinent/Modifrcation. This Agreement contains the entire agreement between the partiest with, respoctto the subject smatter hereof, and unto otherwise provided in this Agreetnatt, no modification or waiver of any of the provisions, or any 'future representation, promise, or addition, s1ta11 be binding upon the parties unless made is . •Ri and Signed by both parties. 8. DisputesIGoveming Law. This Agrccmcvt sha:llbe e xchi ively governed by and interpreted :n accordance with the laws of the state where the Facility is located. excluding choice of law :ul :s, Any litigation behveexa the portics shall bo prosecuted only in the slate or federal cows of the state where the Facility is locatod. "IN PACIFIC POWER ltVA FinAnsver Express Incentive Agreement v2109.— Page 4 of 7 Project natr.e: _City of Yakima LED street lights.4Ds` 8 Surnmitview (# )611612010 C9SL-£8L-60g div:ZO 06 LO PO JI;N-25-2010+ FR[. 10:43 AN CITY OF YAKIMA P. W. FAX NO, 509 575 6238 9d 9. Direst Payment' the Incentive to which Customer becomcs en itled under th is Agreement will be moiled io the Customer al the following address: 4f.;*1.3 o -F lickiKs/r1 c(c), Poif ltc Si Mailing Mikis; Ci y, Sta. WI I Zip i D. Assignment to a third party: Catstomer may, by c•) ecu:ing, ):xhit>it B of :his Agreement, assign payment o 'the Incentive to which Customer biomes e: aided under this Agreement, which 3i;signmen : shat be subject to all the terms and conditions of the Agreement. Ctustorroer Si;.;aatLire Print Name: �.~,� �! > P;iciific Potwar Si gnahu'e By: Pr: bot Name,: Title: Jeff Bumgamer Director CITY CONTRAC r NO: n�/D— G (� RESOLUTION Na /t - 2010 -Irk P. 06 'QFC R V!A FinAns+ver Express Incentive Agreement v2/09 -- Page 5 of 7 Prefect rterr:e: ,_.airy of Yakima LSD street lights 40° & Summitviaw (# )6116/2L10 899L -8L-609 d09:?0 01. LO .PO FinAnswer Express Incentive Agreement EXHIBIT A Energy Efficiency Measures Cover Sheet Only Attach Description PACIFIC POWER WA FinAnswer Express Incentive Agreement v2/09 — Page 6 of 7 Project name: City of Yakima LED street lights 40`" & Summitview (# )6/16/2010 FinAnswer Express Incentive Agreement EXHIBIT B Assignment of Incentive to a Third Party The undersigned Customer hereby assigns all of its right, title and interest in the Incentive, subject to the terms and conditions of the FinAnswer Express Incentive Agreement dated , to the following: NAME: STREET: CITY, STATE, ZIP: TIN or SSN (required): NOTWITHSTANDING SUCH ASSIGNMENT, RESPONSIBILITY FOR COMPLYING WITH ALL TERMS AND CONDITIONS OF THIS AGREEMENT SHALL CONTINUE TO BE THE OBLIGATION OF CUSTOMER, AND PACIFIC POWER'S SOLE OBLIGATION UNDER THIS AGREEMENT SHALL BE TO CUSTOMER. ACCORDINGLY, THE ASSIGNEE SHALL HAVE NO RIGHTS AGAINST PACIFIC POWER WITH RESPECT TO SUCH ASSIGNMENT OR THE PAYMENT OF THE INCENTIVE, AND. IN THE EVENT THAT PACIFIC POWER DOES NOT PAY THE INCENTIVE AS A RESULT OF THE CUSTOMER'S FAILURE TO COMPLY WITH ALL TERMS AND CONDITIONS OF THIS AGREEMENT, THE ASSIGNEE'S SOLE RECOURSE SHALL BE AGAINST CUSTOMER. CUSTOMER DIRECTS PACIFIC POWER TO PAY ANY INCENTIVE TO WHICH IT IS ENTITLED TO THE ASSIGNEE, AND CUSTOMER WAIVES ALL RIGHTS TO DIRECTLY RECEIVE PACIFIC POWER INCENTIVES FOR INSTALLED EEMS SPECIFIED IN THIS AGREEMENT. Executed on this of 200 Customer: By: Name: Title: (This Exhibit only needs to be completed if Customer wants to assign the Incentive payment to a third party.) NV PACIFIC POWER WA FinAnswer Express Incentive Agreement v2/09 — Page 7 of 7 Project name: _City of Yakima LED street lights 40th & Summitview (# )6/16/2010 FinAnswer Express Lighting Retrofit Incentive /PACIFIC POWER Project # •� PPL Ver 5.0 Date: March 2, 2010 Prepared by: Lori Sanders Energy Efficiency Project Information Project Status L Preliminary Project Name City of Yakima Street Lighting Address 40th and summitview City Yakima (Address for incentive payment) Business Name Address City Customer Contact Person Email StatelWA I Zip Code City of Yakima 2301 Fruitvale Bld Yakima State / Prov. WA Joe Rosenlund Title jrosenlu@ci.yakima.wa.us Streets & Traffic Mgr. Contractor Company and Contact name Phone WESCO Distribution, Inc. - Jim Niemeyer 509-783-1397 Project site Account Number meter 84-807-318 Rate Schedule WA 24 Operation Schedules Develop Operation Schedule for each area(s) hours of use. ( Example: storage 1 hr. a day Mon -Fri, Front office 9 hrs a day Mon -Fri) Weeks operated Per Year Open Major Holidays 52 Yes Fax 509-735-3117 Zip Code Phone Approx. Total Sq. Feet Business Type 98902 509-576-6430 Other tion 12.00 12.00 12.00 12.00 12.00 12.00 12.00 4:38 6/16/2010 10:04 AM street lighting 40th - summitview (ver5)(rev2) FinAnswer Express Retrofit Lighting Incentive PACIFIC POWER Project Name PPL Ver 5.0 Project Summary City of Yakima Street Lighting Status Preliminary Dollar Savings Per Year $1,317 Per Month $110 Project Cost Material Labor Other Total project $17,986 $900 $1,475 $20,361 Incentive $2,281 Net Cost $18,080 of Project Paid by Incentive 11% Simp e Paybacks ( in years) Pre -Incentive 15.5 With Incentive 13.7 kWh Energy Savings KW %Savings Lighting Fixture Retrofit 22,811 4.1 62% Controls Relamp Only: >_ 30 W T 8 Lamp 0.0 Project Total 22,811 kWh 4.1 KW The incentive and energy savings above are estimates only. The actual incentive paid will be determined based on the results of a post -installation inspection and review of project invoices(by Pacific Power). Lighting incentives are capped at 60% of eligible energy efficiency project costs, and the minimum simple payback (with incentive) for the project is one year. If needed, incentives will be decreased to reflect a one-year payback. The simple payback with incentive is the net project cost divided by the annual electric cost savings (dollar savings). Steps to receive an incentive: 1. Sign a Pacific Power incentive agreement before you order equipment. 2. Upgrade your lighting. 3. Submit project cost documentation including invoices with breakdown of materials and labor, and contact Pacific Power or your Energy Efficiency Alliance vendor for a post -installation inspection. 4. Receive incentive check within 45 days of completion of step 3. 6/16/2010 10:04 AM street lighting 40th - summitview (ver5)(rev2) FinAnswer Express Incentive a o_ /PACIFIC POWER Date Project Name City of Yakima Street Lighting 40th and • March 2, 2010 summitview Yakima, WA 4,PR:C.V.Pillt.#,91FT921,M Existing Fixtures MniNit*OilailidiFjiticii.gtaq.4440 011,62f.Wiatgisiiiri-6i',1--tv:4%...:.gk;r MIRM:44-:0AVAW1 Total 18rtafi7.4Wii.'..&,•talr*1- i!gg fa;i:-41.;:-!Total $.:1'`;317f,,4,,i-!C.4:,W: Tr a) .c 2 , Location . Fixture Type Qty. , Watts Fixture Type (P) Qty. Watts kWh Dollars A A A • A A N 40th Ave @ Summitview HPS400: 14 465 Custom: 80 LED Street Lights 14 159 18,764 $1,083 A N 40th Ave @ Summitview HPS400: 4 465 Custom: 120 LED Street Lights • 4 234 4,047 $234 A A A A A A A A A • A A A A A A A • A 10:04 AM6/16/2010 street lighting 40th - summitview (ver5)(rev2) 3] FinAnswer Express Incentive 10:04 AM6/16/2010 street lighting 40th - summitview (ver5)(rev2) 4] Existing Fixtures ,f3:11U-::f.f4a5:41Fff:Ofrii-etlIFiiit-WeVegfaigi;tri ;A-L't:y.;!'..f,tNVRVMSIitiiigiMf*t;:si4O,!::?,:;t ;i0Aire-Mtin531:,t),K, Total 18 r,i''1-'14.;:.:NI-A):i,:#MM:r6fil.e,V;fi'os4..87,',;',1 '';',W'':-I:Fii'k'',..:7.1.Otal $1 3173 -p0)Location .c u u) Fixture Type Qty. Watts Fixture Type (P) Qty. Watts kWh Dollars A A A A A A ' A 10:04 AM6/16/2010 street lighting 40th - summitview (ver5)(rev2) 4] FinAnswer® Express Incentive Agreement (Washington Schedule 115) This FinAnswer Express Incentive Agreement ("Agreement") dated 2/3/2011 by and between Pacific Power and City of Yakima / LED street lighting Phase VII shall be effective only if Customer signs the Agreement and delivers it to Pacific Power at 825 NE Multnomah, #600 — Attn: Energy Efficiency Programs, Portland OR 97232 within 45 days of the date first written above. Recitals a. Pacific Power makes available energy efficiency incentives (the "Incentive") to eligible Pacific Power customers who install recommended electric energy efficiency measures ("EEMs"). b. Customer is an existing customer of Pacific Power on Schedule: WA24 at A St. 1st- Naches/Chestnut ls`-Naches/2r,a 3rd &4`h Walnut-MLK& Various Parking Lots, Yakima Wa. 98902 (the "Facility"). c. Pacific Power has evaluated Customer's use of electricity at the Facility and recommended EEMs ("Recommended EEMs") to improve the efficiency of the Customer's use of electricity. d. Information regarding the Recommended EEM design intent and equipment and operating assumptions is provided in the following document(s), referenced and made a part of this Agreement: _ Energy Analysis dated performed by X pre -inspection dated 12/28/10 performed by William Gatchel e. Customer wishes to proceed with the installation of the Recommended EEMs, and Customer shall install the Recommended EEMs no later than 12/28/2011 (the "Required Completion Date"). f. Customer wishes to qualify for, and Pacific Power wishes to set out the terms whereby Customer may qualify for, the Incentive in connection with Customer's installation of Recommended EEMs.THEREFORE, Pacific Power and Customer agree as follows: PACIFIC POWER WA FinAnswer Express Incentive Agreement v2/09 — Page 1 of 7 Project name: _City of Yakima LED street lights Phase VII (# ) 2/3/2011 Agreement 1. Definitions. All capitalized terms not otherwise defined in this Agreement shall have the meaning ascribed to them in the Washington Tariff Schedule 115 in effect as of the date above, and hereby incorporated by reference into and made a part of this Agreement. Qualifying equipment/services incentive amounts, and other terms and conditions are posted on the program Web site, and the Tariff Schedule incorporates that information by reference. All provisions of the Tariff Schedule, including the above information listed on the program Web site as of the date above, apply to this Agreement. The following terms used m this Agreement shall be defined as follows: 1.1. "Incentive" shall mean a payment to Customer by Pacific Power to help offset a portion of Customer's Recommended EEM Costs that is paid in accordance with the provisions of this Agreement and Tariff Schedule 115. 1.2. "Recommended EEM Costs" shall mean the Customer's reasonable costs incurred (net of any discounts, rebates, incentives, or other consideration that reduces fmal actual Recommended EEM Costs incurred by Customer) to purchase and install Recommended EEMs at Customer's Facility by the Required Completion Date. If Customer installs the Recommended EEMs, the cost of installation shall be equal to Customer's actual labor costs for such installation. 1.3 "Recommended EEMs" shall mean the EEMs specified in the attached Exhibit A. 2. Qualification for the Incentive; Incentive Limitations. 2.1. To qualify for the Incentive, Customer must: 2.1.1. Permit Pacific Power or Pacific Power's consultant to inspect the existing conditions prior to the installation of or removal of any Recommended EEMs and prior to signing this Agreement. 2.1.2. Notify Pacific Power of any changes or change orders issued to contractors or installers that materially affect the Recommended EEM Costs or savings specified in the Agreement prior to installation in the Facility. 2.1.3 Not later than the Required Completion Date, Customer shall: 2.1.3.1. Properly install or cause to be properly installed the Recommended EEMs listed in Exhibit A at Customer's Facility, and, 2.1.3.2. Provide a written request for an inspection of the fully installed Recommended EEMs 2.1.4 Not later than one year after the Required Completion Date, provide Pacific Power with documentation of Recommended EEM Costs or this Agreement shall terminate. Documentation of Recommended EEM Costs includes the following: 2.1.4.1. Copies of invoices documentmg final Recommended EEM Costs by Recommended EEM with labor and material itemized and including documentation of any discounts, rebates, incentives, or other consideration that reduces final actual Recommended EEM Costs incurred by Customer. 2.1.4.2. Documentation of the actual cost of labor for any Recommended EEMs installed by the Customer, showing date work performed, name of worker, hours worked, EEM installed, and labor rate. PACIFIC POWER WA FinAnswer Express Incentive Agreement v2/09 — Page 2 of 7 Project name. City of Yakima LED street lights Phase VII (# ) 2/3/2011 2.1.5. Permit Pacific Power or Pacific Power's consultant to inspect the fully installed Recommended EEMs and review and approve final Recommended EEM Costs documentation. 2.2. Customer agrees that the final Recommended EEM Costs represent costs actually incurred and are net of any discounts, rebates, incentives, or other consideration that reduces final actual Recommended EEM Costs incurred by Customer. 2.3. Customer agrees that Pacific Power has the right to request any other reasonable documentation or verification of costs of purchasing and installing the Recommended EEMs, including but not limited to documentation from the Customer's contractor, supplier or other vendor to determine the pnce paid by the Customer.. 2.4. Customer agrees that the Recommended EEMs specified will not be eligible for any other Pacific Power Incentives other than the Incentives available under this Agreement. Accordingly, the Customer shall not apply for any other Pacific Power Incentives with respect to these Recommended EEMs at any time before or after the Required Completion Date. 2.5. Customer hereby transfers to Pacific Power alt "Environmental Attributes" attributable to the Energy Efficiency Project or its operation. Environmental Attributes include any and all credits, benefits, emissions reductions, offsets and allowances, howsoever entitled, resulting from the avoidance of the emission of any substance to the air, soil or water at or by PacifiCorp generating facilities through reduced generation of energy or other savings or offsets on account of the Energy Efficiency Project. Customer will not claim ownership of any Environmental Attributes. As long as Customer at the same time states the Energy Efficiency Project was made possible with funding from Pacific Power, Customer may claim that it is facilitating the production of the Environmental Attributes attributable to the Energy Efficiency Project. 2.6. Pacific Power or its consultant shall inspect Customer's Facility to determine if proper installation of the Recommended EEMs has been completed at Customer's Facility. 2.7. If Pacific Power determines (in its sole discretion) that all of the Recommended EEMs have been installed in a satisfactory manner, Customer shall be eligible for an estimated maximum Incentive of $10:467:00 (the "Estimated Maximum Incentive"). The Estimated Maximum Incentive is based on the total estimated Recommended EEM Costs and annual electric energy savings. Recommended EEM Costs and electric energy savings estimates are subject to Pacific Power approval. 2.8. Pacific Power will review and approve final Recommended EEM Costs and projected annual electric savings. The final Incentive ("Final Incentive") paid is based on actual approved Recommended EEM Costs and electric energy savings for installed Recommended EEMs. The Final Incentive paid shall be no more than 120% of the Estimated Maximum Incentive. 2.9. To the extent that Pacific Power determines (in its sole discretion) that all of the Recommended EEMs have not been installed or that some Recommended EEMs have not been installed in a satisfactory manner, Customer shall not be eligible for the Estimated Maximum Incentive. In such event, Pacific Power shall recalculate a reduced Final Incentive, if any, based on the actual Recommended EEMs installed in a satisfactory manner, using the same methodology that Pacific Power previously used to calculate the Estimated Maximum Incentive. 2.10. If Customer terminates a material portion of its electric service requirements from Pacific Power for the Facility within 60 months of the date of the Final Incentive payment under this Agreement and Facility remains in operation, PACIFIC POWER WA FinAnswer Express Incentive Agreement v2/09 — Page 3 of 7 Project name: _City of Yakima LED street lights Phase VII (# ) 2/3/2011 Customer is obligated to repay the Final Incentive to Pacific Power within 30 days of written request. The repayment ("Repayment") is determined as follows: Repayment = Final Incentive x (60 -Savings Delivery Term)/60, where Savings Delivery Term = number of months between the month the Final Incentive payment was made and the month the Facility terminated a material portion of its electric service. For determining the Repayment, dates shall be the first day of the month in which they occur. 3. Pacific Power Obligations. 3.1. After receiving written notice from Customer that installation of Recommended EEMs is completed and documentation of final Recommended EEM Costs, Pacific Power or Pacific Power's consultant will promptly inspect the Recommended EEMs to verify their proper installation and review final Recommended EEM Costs submittals. 3.2. Provided that Customer qualifies to receive the Incentive in accordance with Section 2 above, Pacific Power shall pay to Customer (or the assignee if assigned), within 45 days of satisfactory inspection of the fully installed Recommended EEMs and receipt of final Recommended EEM Costs submittals, the Final Incentive specified in Section 2. 4. LIMITATION ON DAMAGES. Customer shall independently evaluate any advice or direction given by Pacific Power related to estimates of electricity savings or the cost, selection or installation of EEMs. IN NO EVENT WILL PACIFIC POWER BE LIABLE FOR THE FAILURE OF CUSTOMER TO ACHIEVE A SPECIFIED AMOUNT OF ENERGY SAVINGS, THE OPERATION OF CUSTOMER'S FACILITIES, OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT OR THE INSTALLATION OF RECOMMENDED EEM'S, AND IN NO EVENT SHALL PACIFIC POWER'S LIABILITY EXCEED ANY OBLIGATION TO PAY THE INCENTIVE FOR WHICH CUSTOMER IS ELIGIBLE UNDER SECTION 2 OF THIS AGREEMENT. 5 Toxic Materials. Pacific Power and its consultants shall have no responsibility for the discovery, presence, handling, removal, or disposal of or exposure of persons to hazardous materials of any kind in connection with Customer's Facility, including without limitation, asbestos, asbestos products, PCBs, or other toxic substances. 6. Attorneys' Fees. If arbitration or litigation is commenced by either party to enforce or interpret any of the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees at the arbitration, at trial, on appeal, and on any petition for review. 7. Entire Agreement/Modification. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof, and unless otherwise provided in this Agreement, no modification or waiver of any of the provisions, or any future representation, promise, or addition, shall be binding upon the parties unless made in writing and signed by both parties. 8. Disputes/Governing Law. This Agreement shall be exclusively governed by and interpreted in accordance with the laws of the state where the Facility is located, excluding choice of law rules. Any litigation between the parties shall be prosecuted only in the state or federal courts of the state where the Facility is Located. PACIFIC POWER WA FinAnswer Express Incentive Agreement v2/09 — Page 4 of 7 Project name: _City of Yakima LED street lights Phase VII (# ) 2/3/2011 FinAnswer Express Incentive Agreement EXHIBIT A Energy Efficiency Measures Cover Sheet Only Attach Description PACIFIC POWER WA FinAnswer Express Incentive Agreement v2/09 — Page 6 of 7 Project name: _City of Yakima LED street lights Phase VII (# ) 2/3/2011 9 Direct Payment: the Incentive to which Customer becomes entitled under this Agreement will be mailed to the Customer at the following address: N Customer apie Jam 1 -4? -/-7 c--2/ Attention 2_3.n / /-?/t/0 Mailing Address / /Mi <r LY �B a Z City, State and Zip 10. Assignment to a third party: Customer may, by executing Exhibit B of this Agreement, assign payment of the Incentive to which Customer becomes entitled under this Agreement, which assignment shall be subject to all the terms and •conditions of the Agreement. Customer Signature By: Print Name: tAAA,e-v Title: 41)4 ail 140“... Pacific Power Signature By: Print Name: Title: PACIFIC POWER WA FinAnswer Express Incentive Agreement v2/09 — Page 5 of 7 Project name: _City of Yakima LED street lights Phase VII (# ) 2/3/2011 FinAnswer Express Lighting Retrofit Incentive PACIFIC POWER Project # PPL Ver 6.1 Date: - . December 28 2010 Prepared by: WiItiamGatcheI Energy Efficiency Project Information Project Name Address City (Address for incentive payment) Business Name Address City Customer Contact Person Email Project Status J Preliminary AfSt1et4Nlahet/OnOStnUt31#4NaCheS/2riit3 Yakima 23();WErUitVale, ti,A'401,0aInUtOLK.A,Vat;:PatKingl,.6 StatelWA,-- I Zip Code 98902, Yakim State / Prov. 4qe.f3:OSOhl,aridZ,:r4t,„,,':: Title StreetsAl:Traffkailor,-,:.;,'--,, jtosenja • " =- Contractor Company and Contact name WEstolpiitributioniltic JirtMietneyer , Phone 509783-i 97 , Project site Account Number 4205.821492 Rate Schedule WA 24 Operation Schedules Develop Operation Schedule for each area(s) hours of use. ( Example: storage 1 hr. a day Mon -Fri, Front office 9 hrs a day Mon -Fri) Weeks operated Per Year Open Major Holidays 52 Yes. Fax Zip Code Phone Approx. Total Sq. Feet Business Type - 509-'4576.6430 Other 2/3/2011 4.28 PM PPL Lighting WA Ver 6.1 - Yakima Ph VII LED Street Lights - Pre -inspect FinAnswer Express Retrofit Lighting Incentive PACIFIC POWER Project Marne PPL Ver 6.1 Project. Summary Status City of Yakima Phase VII LED Street Preliminary Lighting Dollar Savings Per Year $6,479 Per Month $540 P..roject: Coe't.. Material. Labor Other Totai,project $83,085 $440 $6,813 $90,338 Incentive $10,467 Net Cost $79,871 % of,Project Paid by Incentive 12% Simple Paybacks.(-'in:years) ., Pre -Incentive 13.9 With Incentive 12.3 kWh Lighting Fixture Retrofit Energy Savin s KW %Savings 18.6 61% 0.0 104,673 Controls Relamp Only: >_ 30 W T 8 Lamp Project Total 104,673 18.6 kWh KW The incentive and energy savings above are estimates only. The actual incentive paid will be determined based on the results of a post -installation inspection and review of project invoices(by Pacific Power). Lighting incentives are capped at 60% of eligible energy efficiency project costs, and the minimum simple payback (with incentive) for the project is one year If needed, incentives will be decreased to reflect a one-year payback. The simple payback with incentive is the net project cost divided by the annual electric cost savings (dollar savings). Steps to receive an incentive: 1 Sign a Pacific Power incentive agreement before you order equipment. 2. Upgrade your lighting. 3. Submit project cost documentation including invoices with breakdown of materials and labor, and contact Pacific Power or your Energy Efficiency Alliance vendor for a post -installation inspection. 4. Receive incentive check within 45 days of completion of step 3. 2/3/2011 4:28 PM PPL Lighting WA Ver 6 1 - Yakima Ph VII LED Street Lights - Pre -inspect FinAnswer Express Incentive 'i I PACIFIC POWER Date Project Name City of Yakima - Phase VII LED Street Lighting 1st-wamus/uno. December 28, 2010 3rd u4th walnut-wcmuvarParkin! ' �. 's��ms����v�� � �� � Total ' �*a ' `Jocau onuuon Fixture Type 'cuv Watts ~ Flxture Type (P) Qty. Watts kWh Dollars A EastASt A North lst to 2nd Streets HPS25O: 3 295 Custom: 80 LED Street Light 3 159 1.787 $111 `:`- '| A /V2nd HPS35O: 5 295 Custom: 80 LED Stree Light 5 159 2,978 $184 A A/2nd HPS400 3 465 Custom: 80 LED Stree Light 3 159 4,021 $249 .., _' A 2nd ho3rd HPS25O 3 295 Custom: 80 LED Stree Light 3 159 1,787 $111 l''' A A/3rd HPS25O 4 295 Custom: 80 LED Stree Light 4 159 2,383 $147 A 3rd to 4th HPS25O 2 3 295 295 Custom: 80 LED Stree Light Custom: 80 LED Stree Light 2 3 159 159 1,191 1,787 $74��� $111 '� A 4th/A HPS250. A 4th to Naches HPS25O: 2 295 Custom: 80 LED Stree Light 2 159 1,191 $74' ' A A East Chestnut A South 1st ho2nd HPS400: 2 465 Custom: 80 LED Stree Light 2 159 2,681 s166 ,;'. A Chestnut/2nd HPS250' 1 295 Custom: 80 LED Street Light 1 159 596 $37 �� A Chestnut/2nd HPS400: 4 465 Custom: 80 LED Stree Light 4 159 5,361 $332.�| ``�, A 2nd hu3rd HPS400: 2 465 Cu�om:8OLED Stn�t Light 2 159 2,681 $168.��� ` A Chestnut/3rd HPS400: 5 465 Custom: 80 LED Street Light 5 159 6.701 $415 `' A 3rd 0o4th HPS400: 3 465 Custom: 80 LED Street Light 3 159 4,021 $249 .I',.;;: -` A Chestnut/4th HPS400: 5 2 465 465 Custom: 80 LED Stree Light Custom: 80 LED Stree Light 5 2 159 159 6.701 2,681 $415 $166��� A 4th to Naches HPS400: x A 2nd Street A East Walnut \o Chestnut HPS400: 2 465 Custom: 80 LED Street Light 2 159 2,681 $166 A Chestnut VuYakima HPS400: 2 465 Custom: 80 LED Street Light 2 159 2,681 *106�� '~ 4:28PM2/3/2011 PPL Lighting WA Ver 6.1 - Yakirna Ph Vil LED Street Lights - Pre -inspect 3] FinAnswer Express Incentive 4:28 PM2/3/2011 PPL Lighting WA Ver 6.1 - Yakima Ph VII LED Street Lights - Pre -inspect 41 tacatlon nfonnatton•' Existing Fixtures ' .1> Y• . K < ,--,. ^,,7 a 7 ,Propcsed;Flxtures;�t ��a (kms Ixs:Svtpgs a M"r rt, -..r— „ii } ': Total! 93, :::x a ... S2 d z; Ttal i .9 " all w 9RS s,'c " M ;' 4) L y Location Fixture Type Qty. Watts Fixture Type (P) Qty. Watts kWh Dollars A Yakima to A HPS400: 4 465 Custom: 80 LED Street Light 4 159 5,361 $332 A A to MLK HPS400: 2 465 Custom: 80 LED Street Light 2 159 2,681 $166 A A 3rd Street -East A Walnut to Chestnut HPS400: 2 465 Custom: 80 LED Street Light 2 159 2,681 $166 A Chestnut to Yakima HPS400: 5 465 Custom. 80 LED Street Light 5 159 6,701 $415 A Yakima to A HPS400: 4 465 Custom: 80 LED Street Light 4 159 5,361 $332 '± A A to MLK HPS400: 3 465 Custom: 80 LED Street Light 3 159 4,021 $249 A A 4th Street A East Walnut to Chestnut HPS400: 2 465 Custom: 80 LED Street Light 2 159 2,681 $166 A Chestnut to Yakima HPS400: 5 465 Custom: 80 LED Street Light 5 159 6,701 $415 A A to MLK HPS400: 1 465 Custom: 80 LED Street Light 1 159 1,340 $83 A A Parking Lots A 1 st/A HPS400: 1 465 Custom: 80 LED Street Light 1 159 1,340 $83 ' n A 2nd/A Custom: HPS310 2 365 Custom: 80 LED Str Lgt PE 2 159 1,805 $112?,.: A 2nd/Chestnut HPS400: 3 465 Custom: 80 LED Street Light 3 159 4,021 $249" .• A 2nd/Chestnut HPS400: 6 465 Custom: 120 LED Street Lgt 6 234 6,071 $376 '. A 4:28 PM2/3/2011 PPL Lighting WA Ver 6.1 - Yakima Ph VII LED Street Lights - Pre -inspect 41 ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. *1 1 For Meeting of: July 6, 2010 A Resolution authorizing Ratification of an Agreement with Pacific Power for energy efficiency incentives for LED street lighting at North 40th and Summitview Avenue SUBMITTED BY: Chris Waarvick, Director of Public Works Joe Rosenlund, Streets & Traffic Operations Manager CONTACT PERSONITELEPHONE: Joe Rosenlund, Streets & Traffic Operations Manager, 575-6005 SUMMARY EXPLANATION: The City qualifies for an electrical efficiency incentive program to upgrade the existing incandescent fixtures with LED street lights. LED fixtures are expected to result in a substantial savings in power and energy costs as well as reduced maintenance due to their longer service expectancy. Staff respectfully requests Council consideration of a resolution authorizing ratification of the City Manager's execution of an agreement with Pacific Power for electric efficiency incentive program participation that includes reimbursement of costs to install electrical efficiency measures including LED street lighting at the North 40th and Summitview Avenue location. The resolution also authorizes the City Manager to sign upcoming incentive agreements for about 10 or 12 additional street light system locations to be included in the electrical incentive program. Resolution X Ordinance_Other (Specify) Funding Source: APPROVED FOR SUBMITTAL: 4 City Manager STAFF RECOMMENDATION: Staff respectfully requests the City Council to adopt the Resolution authorizing and ratifying the City Manager's signature executing a FinAnswer® Express Incentive Agreement with Pacific Power for electric efficiency incentive program participation at the 40th Avenue and Summitview Avenue street Tight system location, and further authorizing the City Manager to execute all future necessary and appropriate documents for the City's various other street Tight system locations participating in the efficiency incentive program. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: