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C f ~ ~~oaa- OG3 <br /> <br /> s , <br /> .q <br /> ENERGY SAVINGS PURCHASE AGREEMENT <br /> This AGREEMENT is entered info between City of Eugene Transportation Division (Owner) an the Eugene <br /> Water & Electric Board (EWEB). Inconsideration of the following terms and conditions, Owner to sell, and <br /> ` EWEB agrees to purchase, the electrical energy savings from Owner's energy conservation project follows: <br /> 1. Purpose of EWEB's Energy Management Program: EWEB is committed to ensuring an adequ energy supply <br /> for all EWEB customers and has identified certain Energy Conservation Measures (ECMs) that are pmjec to use energy <br /> more efficiently, thereby benefitting all EWEB customers. The Bonneville Power Administration (BPA) p vides financial <br /> incentives for regionally cost-effective ECMs and may partially fund the EWEB Energy Smart Services Pro developed <br /> by EWEB for EWEB's non-residential customers. <br /> 2. Program Eligibility: Owner acknowledges and agrees that EWEB is not obligated to make an ince 've payment or <br /> provide funding to the Owner for any mlterials and labor to install ECMs if such work was initiated pri to EWEB and <br /> Owner signing this Agreement. Owner acknowledges and agrees that signing this Agreement does not ob 'gate EWEB to <br /> provide a loan, incentive payment, or other funding to the Owner for any ECMs not specifically described Exhibit 1 that <br /> the Owner may choose to install at some future date. • <br /> 3. Construction of Project by Owner: EWEB liar provided a brief description of recommended s. Owner has <br /> selected ECMs that Owner deems suitable for Owner's business needs as the Owner's Project. ECMs inclu in the Project <br /> aze described in Exhibit l as is the Facility Location, Project Life, Estimated Project Cost, and Project C letion Date. <br /> Should Owner proceed with installation of the Project, Owner thereby agrees to: <br /> a. Project Design and Installation. Owner agrees to design, purchase, and supervise the installati of the Project <br /> thaz will reduce and manage electrical energy consumption at its facilities. Owner shall obtain req permits and <br /> comply with all federal, state or locai laws, regulations and ordinances related to the ProjecK. caner agrees to <br /> investigate and comply with any applicable environmental requirements including, but not limi to, indoor air <br /> quality requirements and State Historic Preservation requirements pertaining or otherwise rel to the Project. <br /> The Owner acknowledges that certain ECMs may adversely affect power quality. Owner to assume <br /> responsibility for identifying and installing equipment to mitigate negative impacts on Owner s power quality <br /> associated with Owner's Project and ensure the Owner's standazds for power quality are attain <br /> b. Project Schedule and Completion. Owner agrees to complete installation of the ECMs and submit 1 final invoices <br /> or documentation of actual Project costs to EWEB within 60 days of the Project Completion Dat listed in Exhibit , <br /> 1 to this agreement. If installation of Owner's Project is not completed within this time period, y loan, funding, <br /> or incentive offer made by EWEB shall expire unless extended in writing by EWEB. When er's Project is . <br /> complete, Owner shall notify EWEB in a timely manner. EWEB may, at its option, inspect any all ECMs and <br /> related installation work or request Owner's certification of completed Project. Owner agrees t provide EWER <br /> access to the areas in its facility affected by the installed ECMs. If the installation of the ECM is unacceptable <br /> to EWEB, E~Ti~EB shall notify Owner of the deficiencies and suggested corrections. Owner to correct any <br /> deficiencies in a timely manner before final funding or incentive disbursement. <br /> c. Relationship of the Parties. EWEB's relationship to Owner is limited solely to the acquisitio of the estimated <br /> electrical energy savings from Owner's Project by providing funding-for Owner's use in compl ling the Project. <br /> Owner agrees to assume full responsibility for all aspects of the Project. Owner agrees to supervi installation and <br /> to assure EWEB that Owner's Project is completed in a worlQnatililce manner, which includes bu is not limited to, <br /> ensuring Project performance that neither materially adversely affects the realization of expect energy savings <br /> nor adversely affects human health and safety. EWEB's role with Owner and Owner's contr ors is limited to <br /> confumation that Owner has completed the Project according to the ECM description(s) in Exhib 1, including any <br /> amendment. EWEB's confirmation is for its own use and shall not be relied upon by Owner. Owner shall be <br /> responsible to make its own confirmation that the Owner's Project meets any particular require nts. <br /> 4. Payment by EWEB to Owner. Payment by EWEB to Owner for the projected electrical energy sav' gs shall be made <br /> as follows: <br /> a. The parties agree that EWEB is not required to make any expenditures of money or resources un r this agreement <br /> except from revenues derived from EWEB's ownership and operation of its electric utility pro roes. <br /> b. Payments by EWEB to Owner aze based upon estimated electrical energy savings~and not ac al savings. The <br /> parties acknowledge that the. actual savings may not match the energy savings estimates. makes no <br /> guazantees as to what actual savings may occur. <br /> c. Before construction by Owner, EWEB hereby authorizes payment as described in the Offer ttached hereto as <br /> Exhibit 2. The Offer is based upon the estimated annual kWhs of electrical energy savings o Owner's project . <br /> <br />