05-015.00 Avista: CenterPlace Project Energy Efficiency MeasuresProposal Date February 2, 2005
Account No. New construction
Rate Schedule 21/111 Tariff X 90 X 190
Contract No. D -16365
I
Application No. 20775, 20776, 2077$ !aD777
Nome Centerplace at Mira eau Point
Address 2423 North Discovery Place
City State Zip Spokane Valley, Washington 99206
Project vfd, cot, window, occupancy sensors
CAR# 300783
Avista Corporation dba Avista Utilities
ENERGY EFFICIENCY AGREEMENT
THIS AGREEMENT, dated as of 2005, is entered into by and between
Avista Corporation dba Avista Utilities, a corporate , organized and existing under the laws of the
State of Washington (hereinafter referred to as "AVISTA "), and CENTERPLACE AT MIRABEAU
POINT (hereinafter referred to as "Customer").
WITNESSETH:
WHEREAS, Customer is the owner and/or operator of a facility served by AVISTA with electric and /or
natural gas service, and desires to replace and/or upgrade existing equipment in use at Customer's facility
located at 2423 North Discovery Place, in the City of Spokane Valley, Washin =ton (hereafter referred to
as "Facility "); and
WHEREAS, AVISTA has initiated an "Energy Efficiency Program", approved by the Washington
Utilities and Transportation Commission and the Idaho Public Utilities Commission (hereinafter referred
to as "State Commissions ") under tariff Schedule 90 and tariff Schedule 190, for the acquisition of
electric and natural gas energy resource savings through investments in improvements in the efficiency of
electric and natural gas equipment and processes owned and operated by customers of AVISTA; and
WHEREAS, Customer and AVISTA desire to enter into an agreement for the implementation of energy
efficiency measure(s) in the Facility(s) as set forth herein.
NOW, THEREFORE, in consideration of the covenants and agreements herein contained, it is agreed:
I. Term of Agreement. This Agreement shall become effective on the date first written above and
shall remain in effect for a term of five (5) years commencing on the date that the installation of the
energy efficiency improvement measures ( "Measure~ ") described in Section 3 herein have been
completed and verified by AVISTA, as set forth in Section 4 herein; provided, however, if
Customer fails to complete installation of such Measures by December 2, 2005 this Agreement
shall be terminated and all obligations of AVISTA set forth herein shall be waived.
2. Term of Offer. The Energy Efficiency Payment offered to Customer, as outlined in Section 5
below, is valid for acceptance by Customer for a period of thirty (30) days from the Proposal Date
indicated above, with such acceptance acknowledged by Customer's signature below. Failure of
Customer to return the signed original of this Agreement by such deadline shall result in the
Energy Efficiency Payment offer to be considered null and void.
3. installation of Enemy Efficiency Improvement Measures. Customer shall install and maintain the
Measures (hereinafter referred to as "Equipment ") at the Facility(s) as described in the document
Energy Efficiency Improvements for Centerplace at Mirabeau Point, Options 1 -4, dated August 10,
2004 attached hereto and incorporated herein as "Schedule A ". All existing equipment removed
and replaced hereunder shall, at the Customer's expense, be permanently disabled, sold for scrap,
Page 1 of 4
Cas - -1s
and/or removed from the Facility(s). Customer assumes all responsibility to dispose of all
equipment and material removed hereunder in accordance with :applicable law.
4. Equipment Selection. Operation and Maintenance. The selection, purchase, and installation of the
Equipment described in Section 3 herein shall be the sole responsibility of the Customer, provided
that the Equipment selected and installed hereunder complies with the electric and /or natural gas
energy resource savings recommendations in the analysis prepared by AVISTA, or its
representative. It is understood and agreed that any AVISTA evaluation and /or analysis of the
Equipment is for the sole purpose of determining Customers eligibility for AVISTA's Energy
Efficiency program. AVISTA MAKES NO, AND HEREBY DISCLAIMS ANY AND ALL,
IMPLIED OR EXPRESS WARRANTIES (INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE),
AND SHALL NOT BE RESPONSIBLE FOR ANY REPRESENTATION OR PROMISE WITH
Ri =SPECT TO THE EQUIPMENT, MATERIALS, OR LABOR REQUIRED FOR THE
INSTALLATION OF THE EQUIPMENT, OR THE COST OF SUCH EQUIPMENT,
MATERIALS, AND LABOR, OR ANY ENERGY SAVINGS THAT MAY ACCRUE FROM
THE INSTALLATION OF SUCH EQUIPMENT. Any required maintenance, repair or
replacement of the Equipment installed hereunder shall be the sole responsibility of and at the
expense of the Customer. In the event that any of the Equipment installed hereunder becomes
defective or fails to operate properly, and such defect or failure to operate cannot be repaired,
Customer agrees to replace such Equipment with Replacement Equipment that provides equal or
higher electric and/or natural gas energy resource savings, and performs in a manner consistent
with recommendations in the analysis by AVISTA as set forth in Section 3 herein.
5. Energy Efficiency Payment.
A. The Estimated Energy Efficiency Payment analysis described in Schedule A, shall be
performed by AVISTA. The Estimated Energy Efficiency Payment shall be calculated by
dividing the estimated Equipment installation costs for the project by the estimated energy cost
savings. However, the Estimated Energy Efficiency Payment calculated herein shall be subject
to adjustment, either upward or downward, as described below in Section 5.11, to determine the
actual Energy Efficiency Payment owed to Customer under this Agreement.
B. Upon completion of the installation of the Equipment contemplated herein, Customer shall
provide documentation, acceptable to AVISTA, detailing: 1) the actual Equipment installed to
enable AVISTA to verify and /or recalculate the energy (kWh /therm) savings hereunder, and 2)
the purchase and installation cost of such Equipment. in the event AVISTA determines that
the actual installed cost of the Equipment, as submitted by Customer, is unacceptable,
AVISTA shall have the right to establish the acceptable installation costs to calculate the actual
Energy Efficiency Payment applicable hereunder. Upon AViSTA's receipt, approval and
acceptance of Customer's documentation, AVISTA shall calculate the Energy Efficiency
Payment in conformance with AVISTA's Schedule 90 and 190 tariffs, by dividing the actual
installed costs of the project by the actual energy cost savings per year to determine the simple
pay -back period and resulting Incentive Level reflected on Schedule 90/190. The Incentive
Level resulting from this calculation shall be applied to the Customer's first -year (kWh/therm)
savings to determine the actual Energy Efficiency Payment applicable hereunder. Such Energy
Efficiency Payment shall be the LESSER OF the calculation described herein, or fifty percent
(50 %) of the actual AVISTA - approved installation costs. In no event shall the actual Energy
Efficiency Payment owed to Customer under this Agreement exceed fifty percent (50 %) of the
actual AVISTA- approved project costs.
Page 2 of 4
C. The method of disbursement of the Energy Efficiency Payment calculated hereunder shall be at
AVISTA's sole discretion, which may include, but not be limited to, cash payments or offsets
to Customer's energy bills. Such disbursements by AVISTA shall commence no earlier than
the 4t° Quarter of 2006.
D. Customer shall be responsible for payment of any applicable federal, state or local income and
corporate tax liability associated with such AVISTA payment, and shall indemnify, defend and
hold AVISTA harmless with respect thereto.
E. The calculation of the actual Energy Efficiency Payment applicable hereunder is based on the
simple payback of the project prior to the application of the incentive level, in
accordance with Rate Schedules 90 and 190, and shall be attached hereto and
incorporated into the Agreement by this reference as "Schedule $ ".
F. The Energy Efficiency Payments calculated herein shall be determined solely by AVISTA, and
such determinations are considered to be final.
G. AVISTA may, at its option, during reasonable hours, inspect the Equipment following
installation to verify Equipment installation.
6. Energy Efficiency Payment Refund. In the event that, during the term of this Agreement,
Customer: (1) closes and/or sells its Facility(s); (2) discontinues purchasing electric and /or natural
gas service from AVISTA such that Customer forfeits its eligibility under the provisions of
AVISTA's Schedule 90 and 190 tariffs; or (3) fails to properly operate, maintain or replace the
Equipment as set forth herein, Customer agrees to refund to AVISTA the portion of the Energy
Efficiency Payment, calculated on a pro -rata basis, for the period of time during the term hereof
that Customer fails to provide the anticipated energy savings, unless Customer's obligations have
been assigned, as specified in Section 10 hereto, with the prior written approval of AVISTA
7. Inspection of Facilities. AVISTA shall be permitted to inspect the Facilities and Equipment on
reasonable notice and at reasonable hours for the sole purpose of verifying Customer's compliance
with its performance obligations under this Agreement, including continued operation of the
Equipment contemplated herein. AVISTA shall also have the right to install and maintain sub -
metering equipment and shall be furnished reasonable access to sub - metering devices for meter
reading purposes. This provision shall not impose upon AVISTA any obligation to perform any
inspection, and is not intended to substitute for or relieve Customer of any responsibility or duty
relating to the purchase, design, installation, operation or maintenance of the Equipment.
8. Compliance with Laws. Customer represents and warrants that Customer, its agents and
employees, and any subcontractor it may retain to install or maintain the Equipment, are familiar
with, and at all times will comply with all applicable federal, state and local laws, codes,
ordinances, rules and regulations pertaining to the installation, maintenance, operation and use of
the Equipment.
9. Disclaimer and Indemnity. Customer acknowledges and agrees that it is voluntarily participating in
this Energy Efficiency Program; that AVISTA is providing funding and analysis, only; and that
AVISTA assumes no liability for Customer's decision to enter into this Agreement, for the
Measures selected by Customer, any third parties selected by Customer to install those Measures,
or any disputes arising out of repair or replacement of the Equipment installed hereunder.
Furthermore, as part of the consideration for this Agreement, Customer hereby releases and shall
indemnify, hold harmless and defend AVISTA from any and all claims, losses, harm, costs,
Page 3 of 4
liabilities, damages and expenses (including attorneys' fees) of any nature whatsoever, or
allegations thereof, arising directly or indirectly out of or in anyway pertaining this Agreement,
except to the extent any claims, losses, etc., arise as a result of AVISTA's sole negligence.
10. Assignment. This Agreement will inure to the benefit of and be binding upon the successors and
assigns of the respective parties hereto. No assignment or transfer by either party hereunder shall
be made without the prior written approval of the other party, except for a transfer to a parent,
subsidiary, or affiliate of such party, or, with respect to AVISTA, to a successor in interest which
acquires all or substantially all of the assets of AVISTA, and such approval shall not be
unreasonably withheld.
11. Continued Availability. It is understood that the Energy Efficiency Payment described in Section 5
above is contingent upon continued funding availability through AVISTA's Schedule 90 and 190
tariffs applicable to the Equipment contemplated hereunder.
12. Venue. Any action at law or in equity to enforce the terms and conditions of this Agreement shall
be brought in a court of competent jurisdiction where Customer's Facility(s) is located.
13. Governing Law. This Agreement shall be construed and interpreted in accordance with the laws of
the States of Washington or Idaho, depending on the location of Customer's Facility(s), excluding
any choice of law rules that may direct the application of laws of another jurisdiction.
14. Amendment and Waiver. This Agreement contains all of the terms and conditions bearing upon
the subject matter and shall not be modified or varied except by written agreement executed by
each of the parties hereto through authorized representatives. If at any time the terms hereto are
not strictly adhered to or enforced, such requirements shall not thereby be deemed waived or
modified, but shall at all subsequent times and date be deemed in full force and effect.
15. Headings. The section headings in this Agreement are for convenience only and shall not be
considered part of or used in the interpretation of this Agreement.
16. Attorney Fees. If any action is brought to enforce this Agreement, or in the event of any dispute
arising hereunder, the prevailing party in such action shall be entitled, in addition to any other
relief, an award of reasonable attorney's fees and costs incurred in such action.
17. Order of Precedence. This Agreement consists of the following documents which are listed in
descending order of precedence and are attached and incorporated by reference: the Energy
Efficiency Agreement, Supplement(s), Schedules and Exhibits.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate
by the respective officers hereto, duly authorized as of the date first above written.
Avista Corporation slba
Avista Utilities
By:
Title: y do
Hate d . 10.3
This document contains confidential tax information and
has been redacted pursuant to RCW 82.32.330.
You may petition for a review of our findings pertaining to any
redacted or withheld documents pursuant to Spokane Valley
Municipal Code (SVMQ 2.75.080; and obtain judicial review
pursuant to RCW 42.56.550.
CENTERPLACE
AT 1VIIR/A13EAUU/POINT
By: t� /Lcc -•,n
Title: f2t �✓•4x.c.-- O i V-
Date:
Federal Taxpayer ID Number
REDACTED
'ikuV /STA�
Utilities
Evaluation Report
of
Energy Efficiency Improvements
for
Centerplace at
Mirabeau Point
Spokane Valley, WA
Evaluation Performed by: Mike Littrel
August 10, 2004
IMPORTANT NOTICE
The purpose of this Energy Efficiency Improvement Evaluation Report is to
give you an indication as to the viability of pursing an efficiency upgrade. The
Customer Solutions .Department of AVISTA Utilities is dedicated to making
accurate predictions of potential energy savings. However, it should be noted
that the potential energy saving, the estimated projects cost, as well as
incentives offered by AVISTA Utilities, are ESTIMATES ONLY. Actual
project engineering design recommendations may differ from those in
AVISTA's report, and project labor and material cost will vary among
vendors and contractors.
AVISTA believes the attached report is a reasonable accurate representation of energy
usage and opportunities in your facility. However, because of the limited scope of our
visits, AVISTA UTILVnES CANNOT AND WILL NOT GUARANTEE THE
ACCURACY, COMPLETENESS OR USEFULNESS OF TIME INFORMATION
CONTAINED IN THIS REPORT, NOR ASSUME ANY LIABILITY FOR DAMAGES
RESULTING FROM THE USE OF ANY LN ORMATION, EQUIPMENT, METHOD OR
PROCESS DISCUSSED IN THIS REPORT.
It is not recommended that you use the analysis or other information contained in this
report for bid specifications or to compare vendors project costs. To protect the integrity
of the bid process, you agree not to share this report with contractors or vendors.
If you decide to proceed with a project, based on AVISTA Utilities analyze, you should
consider contacting a design - engineering firm. Their recommendations may vary from
that of AVISTA Utilities. Where it is appropriate the cost of engineering design can be
included in the project costs and may be eligible for certain incentive offered by AVISTA
Utilities.
You will be selecting and working with contractors and vendors of your choice. AVISTA
Utilities does not recommend specific contractors or vendors, nor will it supervise any
implementation of energy efficiency projects. During the project and /or once the project is
complete, AVISTA Utilities may conduct one or more site visits to verify the installed
equipment, determine the appropriate incentives and measure energy savings. The purpose
of any visit by an AVISTA representative is not to check on contractor or vendor work.
In selecting a contractor of vendor, you should make sure the contractor or vendor is
properly qualified, is licensed and bonded, has references and will perform work for you in
a timely manner and in accordance with applicable codes and standards.
Incentives are paid when the project is substantially complete, but require that an
agreement between Avista Utilities and the customer be in place prior to ordering project
materials.
Centerplace at Mirabeau
Summary of Proposes!
Energy Efficiency Measures
Listed in order of Simple Payback
Option Brief EEM
EEM
Electric
Demand
Nat. Gas
Energy
Simple
Potential
Simple
No. Description
Cost
kWh
kW
Therm
Cost
Payback
Incentive
Payback
Savings
Savings
Savings
Savings
before
After
incentive
Incentive
1 Variable
$49,375
225,590
0
0
$$11,726
4.2 years
$11,050
3.3 years
Frequency
(33% ROQ
Drives
2 CO2
$7,500
6,684
1
1,590
$1.530
4.9 years
$2,651
3.2 years
Ventilation
(32% ROI)
Control
3 Low -E $76,440 87,936 16 4,320 $8,430 9.1 years $19,995 6.7 years
Windows (15% ROI)
4 Occupancy $7.347 10,635 2 -78 $651 11.3 years $851 10.0 years
and (107. ROI)
Daylighiing
lighting
Controls
Scope of Work:
The above incentives are based on project information provided in drawings and specification
dated January 2004 and an energy use analysis of potential energy efficiency measures. The
energy efficiency measures proposed for this project are as follows:
• Variable Frequency Drives (VFDs) will be installed to control AHU -1,2,3 and
pumps H WP -1,2 CWP -1.
• CO2 sensors will be used to automatically adjust the ventilation rates of AHU-
1.2,3 in response to the number of people occupying the facility.
• Low -E Windows (PPG Solarbon -60 or equal) will be used in lieu of standard
insulating glass.
• Occupancy and daylight sensors will be used to control the lighting in
classrooms, resirooms and offices throughout the facility.
VFD Analysis
Customer Information
ace at Mirabeau
Customer Name
M
Account Number
Office
Customer Type
WA21
Elec Rate Sch
VFD Information
Quantity
ui ame
e o t System
motor Horsepower
VFU Cost
1
AHU -1 SF
HVAC Fan
50.0
512,500
1
AHU -1 RF
HVAC Fan
15.0
$3,750
1
AHU -2 SF
HVAC Fan
40.0
$10,000
1
AHU -2 RF
HVAC Fan
15.0
$3,750
1
AHU -3 SF
HVAC Fan
15.0
$3,750
1
AHU -3 RF
HVAC Fan
7.5
$1,875
2
HWP -1,2
Heating Pump
15.0
$7,500
1
CWP -1
Cooling Pump
25.0
$6,250
Project Summary
225,590 EstimatedAnnual kWh Savings
$11,726 Estimated Annual S Savings $11,050 Potential Avista Incentive
549,375 Estimated Project Cost 3.27 Net Simple Payback
4.21 Simple Payback
Utilities
CO2 Sensor Control Savings Calculator
.-:
Center Point at Mirabcau
Assembly
AHU -1
8am -4pm
e
Indirect Fired Gas
10.0
4,200
215
Customer Site Name
Area Served
HVAC Equipmont Namo
Hours of Operation
Days per Week
Hooting Syslom Type
Cooling System EER
Current Quantity of Oulsido Air (CFM)
-_ 4XR _ATETSCHEDULESW,*?tW,;"* ± - -.4-
WA State
Elec 21 Electric Rata Scliodule
Natural Gas 111 Heating Fuol Rnto Sclhedulo
$2,500 Enter the Estimated Coat
12 -31 -04 Enlcr Esdmatod Project Completion
i
SiirtSrr. -ary:4, a3-
Estimated Heating Savings - therms
Estimated Annual Cootinn Savinns - kWh
I
CO2 Sensor Control Savings Calculator
Center Paint at Mlrabcau
Classroom
AHU -2
8am-4pm
0
Indirect Fired Gas
10.0
3,900
130
Customer Site Name
Area Served
HVAC Equipment Name
Hours• of Opcmtion
Days per Week
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Current Ouantlty of Outside Air (CFM)
Typical Occupnnt Donsity (0 of People
- "1ltfflfk S�RATEISCHEAUL'ES�'�il" "'� '�"
WA Slate
Else 21 Electric Rate Schedule
Natural Gas 111 Heallng Fuel Rate Schedule,
$2,500 Enter Oie Estimated Cast
1231 -04 Enter EsNmatod Project Completion
43 Estimated Heating Savings - therms
122 Estimated Annual Cocllnn Savings -
CO2 Sensor Control Savings Calculator
Canter Point at MiraEeau
Classsoan
AHV -3
Gam -4pm
6
Indirect Fired Gas
10.0
2,000
50
Customer Site Name
Area Served
HVAC Equipment Name
Hours of Operation
Days per Weak
Heating System Type
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Current Quantity of Outside Air (CFM)
Typical Occupant Density (R of People
RATEtS411EDU6ESIAMONVOIRW� i'
WA State
Elac 21 Electric Rate Schedule
Natural Gas 111 Heating Fuel Rate Schedule
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Centerplace LtgForm.xls Proposed Pg 1 - 1 08 -10 -204
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55
2340
0.11
257.4
20
$i70�
11
2
Room
1
3L F3 8
2i F32TB�
2340
0.152
355.68
20
3 -00
19.00
Si7 7 06-
_
12
2
Room 159
55
2340
0.11
257.4
$ .
13
4
Room
1
1
3 F3 2T8
3L F32T8
2184
0.304
663.936
20
$3.00
9.00
14
2
Room 151
i
76
2184
0.152
331.968
S�
$' 9.00
15
Room 1
3
2340
0. i 52
355.68
20
2U-
$3.00
-$3.00
ITUU
- 7 -00
16
2
Room 21
2L F32T8
5
2340
0.11
257.4
17
liooan20
1
2340
0.152
355.68
2
.00
1-
18
2
Roam 220
2�F32T8
55
2340
0.11
257.4
26-`
_
53.00
7 -00
19
9
lassrown 2131
1
13L F3TF8-
2184
0.684
14 93.856
20
3.00
20
C ssal roam 2
1
1
31. F32T8
7r-
2184
0.456
995.904
20
$ .
STA•00
21
6
Classroom
1
3L F32T8
2184
0.456
995.904
20
53.00
X19.
22
9
Classroom
1
1
2184
0.684
1493.856
24
25
I
26
B
27
28
I
I
29
30
I
31
1
32
33
I
I
34
35
1
36
I
37
3T-
39
- - --
40
41
I
I
42
43
04
45
46
I
I
47
48
49
50
51
52
53
54
1
55
57
58
59
60
61
_
62
-N-
63
64
65
6b
67
68
69
70
_
71
72
73
=74
a�
75
I
1
Centerplace LtgForm.xls Proposed Pg 1 - 1 08 -10 -204
NAME. Centerplace at Mirabeau
Acct# New Construction
Electric Rate Schedule:
WA21
Natural Gas Rate Schedule:
WA111
Cost Per kWh:
0.05508
Electric Demand Charge:
2.75
Cost per Therm:
0.62235
Lighting Energy Savin s: kilowatt hours
9,870.43
Lighting Demand Savings: kilowatt demand
0.00
Cooling System Savings: kilowatt hours
764.96
Cooling System Demand Savings: kW demand
0.00
Total Energy Savings: kilowatt hours
10,635.39
Total Demand Savings: (kilowatt demand )
0.00
Estimated Project Cost: (Rough Estimate
$7,347.20
lHeating S stem Penal therms
78.37
Maintenance Savings:
$465.16
Centerplace LtgForm.xls Report Pg 1 - 1 08-10 -2004