HomeMy WebLinkAboutCR 15-14 ca 4 Report to
�' ' = Executive Committee
PICKERING Report Number: CR 15-14
Date: June 9, 2014
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From: Marisa Carpino
Director, Culture & Recreation
Subject: Pickering Recreation Complex Detailed Engineering Study
- Funding Agreement and Consulting Services
- File: A-1440
Recommendation:
1. That Report CR 15-14 of the Director, Culture & Recreation regarding the
Pickering Recreation Complex Detailed Engineering Study funding agreement and
consulting services be received;
2. That the Mayor and Clerk be authorized to execute the funding agreement with
Veridian Connections Inc. pursuant to which I.B. Storey will be authorized to
complete the Detailed Engineering Study of the Pickering Recreation Complex, in
th'e form included as Attachment 1, subject to such revisions as are acceptable to
the Director, Culture & Recreation and the Director, Corporate Services & City
Solicitor;
3. That Council authorize staff to engage the services of I.B. Storey Inc. as the
consultant responsible to complete the Detailed Engineering Study as described in
their Project Briefing and Proposal set out in Attachment 2; and
4. Further that the appropriate City of Pickering officials be authorized to take
necessary action to.give effect thereto.
Executive Summary:
Due to the requirements of both heating and cooling systems within the Pickering
Recreation Complex, symbiotic relationships can be established yielding desirable
redundancies and considerable energy savings. A review of aging equipment has
allowed City staff to identify relationships that would merit an integrated approach and
require the completion of a detailed engineering study.
The Ontario Power Authority Process and System Upgrades Initiative provides 100%
funding for a detailed engineering study of approved projects. As such, the City of
Pickering applied for and has received 100% funding in the amount of$47,800 for I.B.
Storey Inc. to study and design a completely operationally integrated and energy
efficient system for the Pickering Recreation Complex which maximizes energy savings
by utilizing waste heat and creates desirable redundancies (as set out in the I.B. Storey
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Report CR 15-14 June 9, 2014
Subject: Pickering Recreation Complex Detailed Engineering Study Page 2
Project Briefing and Proposal in Attachment 2 of this report). Results of this study will
become the basis of future tender documents for the Pickering Recreation Complex
equipment replacement and integration which is included in the 2014 Capital Budget.
The purpose of this report is two-fold:
1. City staff seek Council's authorization to enter into a Funding Agreement (set out
in Attachment 1) with Veridian Connections Inc. for the purpose of completing a
Detailed Engineering Study of the Pickering Recreation Complex.
2. City staff seek Councils approval to obtain the services of I.B. Storey Inc. at the
cost of $47,800 (pre HST) in order to complete the detailed engineering study as
a condition of the funding agreement. As per 10.05 of the Purchasing Policy
PUR 010, staff must obtain Council's approval to engage the services of a
particular consultant when the value exceeds $30,000.
I.B. Storey Inc. is highly experienced in the complexities of executing a detailed
engineering study that is in accordance with all OPA requirements and regulations.
I.B. Storey has prepared a successful proposal on behalf of the City of Pickering and
similarly has completed 14 detailed engineering studies for other clients which were fully
funded by the OPA. I.B. Storey specializes in the upgrading of recreation facility
mechanical systems and has unmatched expertise with energy savings and the
• integration of heating, cooling, ventilation and refrigeration systems.
Financial Implications: The Ontario Power Authority's Industrial Program Initiative
Process & System Upgrade Study Incentive covers 100% of the cost of the Pickering
Recreation Complex Detailed Engineering Study which is in the amount of $47,800 (pre
HST).
Upon completion of the Detailed Engineering.Study, the City of Pickering will be
responsible to pay I.B. Storey Inc. to complete the Detailed Engineering Study and
$50,000 has been allocated in account number 2731.2392 of the 2014 Current Budget
for this purpose. Upon approval-of all incentive conditions being satisfied, OPA will be
responsible to reimburse the City of Pickering for 100% of the design study fees and
$50,000 has been allocated in account 2731.9990 of the 2014 Current Budget for this
purpose.
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Discussion: As of June 2013, City staff began a review of equipment at or
near the end of its serviceable life cycle that would identify relationships between
equipment that would merit an integrated approach. This integrated systems approach
to facility management allows for reduced operating costs by maximizing desirable
redundancies and reduced capital costs by decreasing the demand for energy, capital
systems upgrades, repairs and replacements.
326 C0RP0227-07/01 revised
Report CR 15-14 June 9, 2014
Subject: Pickering Recreation Complex Detailed Engineering Study Page 3
City staff completed the SaveOnEnergy Process & Systems Detailed Engineering Study
Funding Application entitled "Refrigeration Plant Upgrade and Heat Recovery" and
submitted it along with the "Refrigeration Plant Upgrade Energy Savings Report" and
the "Pickering Recreation Complex Project Briefing and Proposal" prepared by I.B.
Storey Inc. to OPA for consideration in their Industrial Program Initiative Process &
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System Upgrades Initiative (2011-2014).
This detailed engineering study will showcase the benefits of integrating existing
systems at the Pickering Recreation Complex and making strategic upgrades to specific
energy efficient equipment.
This would include:
• Currently waste heat from arena refrigeration and air conditioning equipment is
released into the atmosphere via exterior cooling towers. This waste heat can be
captured and used for water and/or air heating. This reduces energy costs.
• The cooling towers are aging and will require replacement in the near future but
may be reduced in size and cost if waste heat is used for water and/or air
heating.
• The Pickering Recreation Complex will realize reductions in dehumidification
energy costs, since these units can be integrated with chiller and refrigeration
systems.
• The integration of arena refrigeration equipment (compressors) with the facility's
air conditioning system provides a backup to the chiller and cost effective
cooling.
• The integration of a magnetic bearing chiller significantly reduces energy
consumption.
• The installation and integration of new low friction arena refrigeration
compressors with lower energy consumption.
The key mechanical components of this integrated project include:
• dehumidification units
• domestic hot water tanks
• heat exchangers
• chiller (for air conditioning) V
• arena refrigeration compressors (for Delaney Arena)
• cooling towers
• system controls
The Recreation Complex currently consumed 448,745m3 of natural gas and
4,854,869kWh of electricity in 2013 This energy consumption is nearly as much energy
consumption of the City's other facilities combined. As such, the design study and
subsequent plant modifications at the Pickering Recreation Complex will have a positive
impact on our operation and will result in annual energy savings.
CORP0227-07/01 revised
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Report CR 15-14 June 9, 2014
Subject: Pickering Recreation Complex Detailed Engineering Study Page 4
Veridian Connections Inc. has approved the City's application by awarding 100%
funding in the amount of$47,800 (pre HST) for the completion of the detailed
engineering design study as per the Pickering Recreation Complex Project Briefing
prepared by I.B. Storey Inc.
Attachments:
1. Process and System Upgrades Initiatives 2011-2014, Detailed Engineering Study
Funding Contract, Application #600,398 v.3, between Veridian Connections Inc.
and The Corporation of the City of Pickering.
2. Project Briefing and Proposal: Project Briefing for Detailed Engineering Study,
The Pickering Recreation Complex, April 08, 2014, I.B. Storey Inc.
Prepared By: Approved/Endorsed By:
Gilbr Boehm Marisa Carpino/
Supervisor, Energy Management Director, CultuiFe
p Recreation
itoL 1
Brian J. Du ield
Manager, Facilities Operations
MC:gb
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Recommended for the consideration
of Pickering City Council
i',/ /Vat, 23 2.0/4-
Tony Prevedel, P.Eng. G •
Chief Administrative Officer
3 2 8 CORP0227-07/01 revised
ATTACHMENT# I TO REPORT I 5- I `/
Application No.: 600,398 v.3
PROCESS AND SYSTEM UPGRADES INITIATIVES 2011-2014
DETAILED ENGINEERING STUDY FUNDING CONTRACT
TEU.S AGREEMENT made as of the 2nd day of April,2014,
BETWEEN:
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Veridian Connections Inc.,a corporation governed by the laws of the Province of Ontario,
(the"LDC")
-and-
The Corporation of The City of Pickering,a Municipal Corporation governed by the laws of the Province
of Ontario,
(the"Participant")
(each of the LDC and the Participant may be referred to as a'Party"and,collectively,the"Parties").
WHEREAS the Participant has submitted a Detailed Engineering Study Funding Application to the LDC;
AND WHEREAS the Participant reasonably expects that the Detailed Engineering Study will identify Measures that will generate'Electricity
Savings;
AND WHEREAS the LDC has approved the Detailed Engineering Study Funding Application;
NOW TH IREFORE in consideration of the mutual covenants and agreements herein contained and for other good and valuable consideration,the
receipt and sufficiency of which are hereby acknowledged,the Parties agree as follows:
1. Defined Terms.
All capitalized terms not herein defined will have the meanings given in Schedule"A".
2. Detailed Engineering Study.
-The Participant agrees to complete the Detailed Engineering Study and prepare a Draft Report and a Final Report as set out in Section 4 on
the results of such Detailed Engineering Study in accordance with the Detailed Engineering Study Report Minimum Requirements and the Detailed
Engineering Study SOW.attached hereto in Schedule"B"and Schedule"C",respectively.
3. Payment.
(a) The Participant Incentive approved by the LDC is$47,800.00(the"Approved Amount").
(b) Subject to the Participant satisfying all of its obligations herein contained,the LDC agrees to pay the Participant Incentive to the
Participant as follows:
• (i) 50%of the Approved Amount,within 60 days after the approval of the Draft Report,as set out in Section 4(a)(ii);and
(ii) the difference between(A)the lesser of(i)the Approved Amount and(ii)the actual costs incurred by the Participant to
complete the Detailed Engineering Study (as set out in the invoices provided by the Participant in accordance with
• Section 4(b)(ii)),and(B)the first instalment payment received by the Participant pursuant to Section 3(b)(i),within 60
days after the approval of the Final Report,as set out in Section 4(b)(ii).
(c) All payments hereunder will be made in Canadian dollars by cheque or.by electronic funds transfer to the Participant's account or
such other mode of payment at the sole discretion of the LDC.
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(d) All payments hereunder are conditional on the Participant providing an invoice to the LDC together with sufficient •
documentation to support and substantiate the Participant Incentive payments.
(e) In addition to the Participant Incentive,the LDC will pay any Applicable Taxes'on the Participant Incentive.The Participant will
provide to the LDC sufficient supporting documentation,as requested by the LDC,to facilitate and support the LDC in claiming
input tax credits in respect of the Participant Incentive.In addition,if the LDC has reasonable grounds to commence a discussion,
negotiation or challenge,in any manner whatsoever,with a tax authority regarding the validity of any Applicable Taxes imposed
on the Participant Incentive,the Participant will provide such reasonable assistance'as may be required by the LDC with such
discussion,negotiation or challenge. For greater certainty,in no event shall the LDC be relieved of its obligations under this
Agreement, including the LDC's obligation to pay Applicable Taxes as provided hereunder,pending the outcome of any
discussion,negotiation or challenge with a tax authority.
•
• 4. Reports.
(a) Draft Report
(i) The Participant will submit a Draft Report to the Technical Reviewer,with a copy (in hard or searchable electronic
format)to the LDC. The Technical Reviewer will communicate to the Participant how many days it will take the•
Technical Reviewer to review the Draft Report.
(ii) If the Technical Reviewer determines that the Draft Report reflects the Detailed Engineering Study Report Minimum
Requirements and the Detailed Engineering Study SOW,the LDC will communicate the approval of the Draft Report
to the Participant.
(iii) If the Draft Report is not approved by the Technical Reviewer,the LDC will not pay any part of the Participant
Incentive to the Participant and will communicate to the Participant the reasons(if and as provided by the Technical
Reviewer) for not approving the Draft Report. The LDC may allow the Participant a reasonable period of time to
address such deficiencies and to re-submit a Draft Report,provided that such revised Draft Report will remain subject
to the terms and conditions of this Agreement. If such revised Draft Report does not address such deficiencies to the
satisfaction of the LDC and the Technical Reviewer on or before the earlier of(A)eight months of the date hereof and
(B)December 31,2012,unless otherwise agreed to by the LDC;this Agreement will terminate,the Participant will not
be entitled to receive the Participant Incentive and the Participant will need to re-submit a new Detailed Engineering •
Study Funding Application to the LDC in order to participate in the Detailed Engineering Study Initiative.
(b) Final Report •
(i) The Participant will submit to the Technical Reviewer,with a copy(in hard or searchable electronic format) to the
LDC, the Final Report and all supporting receipts and invoices evidencing the cost incurred by the Participant to
complete the Final Report within 60 days of the communication by the LDC of the approval of the Draft Report,unless
otherwise agreed by the LDC. The Technical Reviewer will communicate to the Participant the estimated number of
days it will take the Technical Reviewer to review the Final Report.
(ii) If the Technical Reviewer determines that the Final Report(A)reflects the scope of the study as originally determined
and as set out in the Detailed Engineering Study Funding Application and the Detailed Engineering Study SOW and
(B)incorporates the comments made with respect to the Draft Report,the LDC will communicate the approval of the
Final Report and the confirmation of the amount of the final instalment of the Participant Incentive payable to the
Participant pursuant to Section 3(b)(ii).
(iii) If the Technical Reviewer or the LDC disputes that the receipts or invoices submitted by the Participant reflect the
actual costs incurred by the Participant,the actual costs incurred will be deemed for all purposes of this Agreement to
be such amount determined by the Technical Reviewer or the LDC, as may be applicable,based upon their audit of
such receipts and invoices.
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(iv) If the Final Report is not approved by the Technical Reviewer, the LDC will not pay any remaining Participant
Incentive to the Participant and will communicate to the Participant the reasons (if and as provided by the Technical
Reviewer)for not approving the Final Report. If such revised Final Report does not address such deficiencies to the
• satisfaction of the LDC and the Technical Reviewer within 30 days of the communication by the LDC of the reasons(if
and as provided by the Technical Reviewer)for not approving the Final Report,this Agreement will terminate,the
Participant will not be entitled to receive the remaining Participant Incentive and the Participant will need to re-submit •
a new Detailed Engineering Study Funding Application to the LDC in order to participate in the Detailed Engineering
• Study Initiative.
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. (v) If the System that is the subject of a Detailed Engineering Study is changed or altered after completion of the Draft
Report but prior to the acceptance by the LDC of the Final Report,the Participant will update the Final Report to
• account for such changes or alterations and submit same to the LDC immediately.
5. Communication with Technical Reviewer
The Participant will cooperate and provide on a timely basis any requested information to the LDC or the Technical Reviewer should the
LDC or the Technical Reviewer,respectively,require clarification from the Participant when reviewing the Draft Report or the Final Report.The
Participant shall,at the same time as it provides information to the Technical Reviewer,provide a copy of such information to the LDC.
6. Term.
This Agreement will terminate on the earliest of:
(a) on or before-the date by which the Draft Report is required to be approved,as provided in Section 4(a)(iii);
(b) 60 days from the date the LDC communicates the approval of the Draft Report to the Participant if the Participant has not
submitted a Final Report by such date,as provided in Section 4(b)(i);
(c) 30 days from the date the LDC communicates the reasons for not approving the Final Report if the Participant has not submitted
a revised Final Report by such time that is approved by the LDC,as provided in Section 4(b)(iv);
(d) the date of the payment of the final instalment of the Participant Incentive pursuant to Section 3(b)(ii);and
(e) December 31,2014.
Sections 3(e),6,7,9,10,11,12,13,14,15,16,21 and 25,and such other provisions as are necessary for the interpretation thereof and any
other provisions hereof; the nature and intent of which is to survive termination or expiration of this Agreement, will survive the expiration or
termination of this Agreement
7. Environmental Attributes.
All right,title and interest in and to all benefits or entitlements associated with Environmental Attributes are hereby unconditionally and
absolutely transferred and assigned,or to the extent transfer or assignment is not permitted,held in trust for,by the Participant to,or in favour of,the
LDC in its capacity as agent for and on behalf of the OPA,and not for the LDC's own benefit. Until the OPA notifies the Participant otherwise,the
LDC,in its capacity as agent,shall be entitled,unilaterally and without the consent of the Participant,to deal with such Environmental Attributes on
behalf of the OPA in any manner the LDC determines.The Participant acknowledges that the OPA may direct the Participant in the same manner as
the LDC and that until the OPA notifies the Participant otherwise the LDC may direct the Participant to take such actions and do all such things
necessary to certify, obtain, qualify and register with the relevant authorities or agencies such Environmental Attributes for the purpose of
transferring;,assigning,or holding in trust,such Environmental Attributes to and for the OPA and the Participant shall comply with such directions,
and the Participant will be entitled to reimbursement of the cost of complying with such direction,provided that the LDC,acting reasonably,has
approved such cost in writing prior to the cost being incurred by the Participant.
8. Representations and Warranties.
The Participant represents and warrants to the LDC as follows, and acknowledges that the LDC is relying on such representations and
warranties in entering into this Agreement:
(a) the Participant would not have undertaken the Detailed Engineering Study without the Participant Incentive;
(b) each of the Participant and the proposed Project satisfies the eligibility requirements set out in Sections 1 to 3,as applicable,of
Schedule"D"as of the date hereof;
(c) the Detailed Engineering Study to be performed relates to a Project that satisfies the applicable eligibility and other requirements
set out in Section 2 of Schedule"D" as of the date hereof and does not relate to any Ineligible Project set out in Section 3 of
Schedule"D"
(d) the Participant has executed and delivered the Release and Waiver,has not taken any actions to amend or suspend it or to
terminate its existence and it continues to be in full force and effect as of the date hereof;and
(e) the Participant has the authority to implement the studied Project
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9. Evaluation,Monitoring and Verification;Audit.
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(a) The performance and administration of this Agreement will be subject to the OPA EM&V Protocols, which will include
• evaluation of the effectiveness of this Agreement in meeting the objectives of the Detailed Engineering Study Initiative. In
furtherance of the OPA EM&V Protocols,the Participant will cooperate with the LDC,the OPA and their respective designates
and will make available such information in the form and with the frequency as may be reasonably prescribed,including with
respect to historical electricity consumption.
(b) The Participant and the LDC will both keep complete and accurate books,accounts and records and all other data required by
each of them respectively for the purpose of proper administration,monitoring and verification of this Agreement and all such
records and data will be maintained during the term of this Agreement and for the period of time thereafter which is the greater of
seven years and the period of time specified under Applicable Law. On reasonable notice,at any time during normal business
hours in respect of the subject matter of the Detailed Engineering Study,the Participant will provide reasonable access to the
LDC,the OPA, and/or their respective designates to such books, accounts,records and other data.and: (A) at the reasonable
request of the LDC and/or OPA,make available to the LDC,the OPA and/or their respective designates,the personnel of the
Participant and its subcontractors involved in the Detailed Engineering Study and the maintenance of such books, accounts,
records and data referred to above for purposes of this Section 9;and(B)permit the LDC,the OPA or their respective designates
to examine and audit and take copies and extracts from such documents.
10. No Warranty.
Except as specifically set forth or referenced in this Agreement, there are no representations, warranties, or conditions of either Party,
express,implied,statutory or otherwise,regarding any matter,including any implied warranties or conditions of quality or fitness for a particular
purpose. Without limiting the generality of the foregoing, the Participant acknowledges that its participation in the Detailed Engineering Study
Initiative hereunder is based on its own assessment of the Detailed Engineering Study Initiative and not on any reliance on anticipated or projected
results,and that such participation may not result in the achievement of any Electricity Savings,which is expressly disclaimed by the Participant
11. Limitation of Liability.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY: (A)IN NO EVENT WILL THE PARTICIPANT
BE ENTITLED TO RECOVER FROM THE LDC OR ANY OTHER INDEMNIFIED PARTY(AS DEFINED IN SECTION 12 BELOW)FOR
ANY LIABILI11hS, DAMAGES, OBLIGATIONS, PAYMENTS, LOSSES, COSTS OR EXPENSES UNDER OR IN RELATION TO THIS
AGREEMENT: (I) ANY AMOUNT IN EXCESS OF THE ACTUAL COMPENSATORY DIRECT DAMAGES, COURT COSTS AND
REASONABLE LAWYERS°AND ADVISORS'FEES SUFFERED OR INCURRED BY THE PARTICIPANT AND IN ANY EVENT LIMITED
TO THE PARTICIPANT INCENTIVE PAYMENTS PAID BY THE LDC HEREUNDER; OR (II). DAMAGES (WHETHER DIRECT OR
INDIRECT, CONSEQUENTIAL OR OTHERWISE)FOR(X) LOSS OF PROFIT, OR(Y)DIMINUTION OF VALUE OR LOSS OF USE OF
ANY PROPERTY;AND(B) THE LDC AND INDEMNIFIED PARTIES(AS DEFINED IN SECTION 12 BELOW)WILL NOT BE LIABLE TO
THE PARTICIPANT, ITS SUCCESSORS OR ASSIGNS OR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR
REPRESENTATIVES FOR•ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES
WHICH MAY ARISE UNDER OR IN RELATION TO TIES AGREEMENT, REGARDLESS OF WHETHER SUCH LIABILITY ARISES
UNDER CONTRACT,TORT OR ANY OTHER LEGAL THEORY.
12. Indemnification by the Participant.
in Party")will indemnify,defend and hold the LDC,the OPA,the Government of Ontario,the members
The Participant(the"Indemnifying P rty ) fy,
of the Government of Ontario's Executive Council and their respective affiliates,and each of the foregoing Person's respective directors,officers,
employees, shareholders, advisors, third party service providers and agents (including contractors and their employees) (collectively, the
"Indemnified Party") harmless from and against any and.all Claims, losses, damages, liabilities, penalties, obligations, payments, costs and
expenses and accrued interest thereon (including the costs and expenses of; and accrued interest on, any and all actions, suits,proceedings for
personal injury(including death)or property damage,assessments,judgments,settlements and compromises relating thereto and reasonable lawyers'
fees and reasonable disbursements in connection therewith)(each,an"Indemnifiable Loss"),asserted against or suffered by the Indemnified Party
relating to,in connection with,resulting from,or arising out of(i)any Claim by,or occurrence or event related to, any third party relating to the
Eligible Study or Project or this Agreement;and/or(ii)the negligence or wilful misconduct of the Participant,except in either case to the extent that
any injury or damage related to such Claim,occurrence or event is attributable to the negligence or wilful misconduct of the Indemnified Party. For
greater certainty, in the event of contributory negligence or wilful misconduct of the Indemnified Party,then such Indemnified Party will not be
indemnified hereunder in the proportion that the Indemnified Party's negligence or wilful misconduct contributed to any Indemnifi able Loss. The
LDC will hold the benefit the Participant's obligations under this Section 12 in the LDC's own right and, in trust, for the benefit of any other
Indemnified Party.
13. Confidentiality.
(a) Each Party will,in its capacity as a Receiving Party:
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(i) ' not use or reproduce Confidential Information of the Disclosing Party for any purpose,other than as and to the extent
expressly permitted under this Agreement or as may be reasonably necessary'for the exercise of its rights or the
performance of its obligations set out in this Agreement;
• (ii) not disclose,provide access to,transfer or otherwise make available any Confidential Information of the Disclosing
• Party except as expressly permitted in this Agreement;and
(iii) take all measures reasonably required to maintain the confidentiality and security of all Confidential Information of the
• Disclosing Party that it Handles.
(b) The Receiving Party may disclose Confidential Information of the Disclosing Party:
(i) _ to a third party that is not a Representative of the Receiving Party if and to the extent required by a Governmental
Authority or otherwise as required by Applicable Laws, provided that the Receiving Party must first give the
• Disclosing Party notice of such compelled disclosure(except where prohibited by Applicable Laws from doing so)and
must use Commercially Reasonable Efforts to provide the Disclosing Party with an opportunity to take such steps as it
desires to challenge or contest such disclosure or seek a protective order. Thereafter,the Receiving Party may disclose
the Confidential Information of the Disclosing Party,but only to the extent required by Applicable Laws and subject to
any protective order that applies to such disclosure;and
(ii) to:
A. its accountants,internal and external auditors and other professional advisors if and to the extent that such
Persons need to know such Confidential Information in order to provide the applicable professional advisory
services relating to the Receiving Party's business;
B. potential permitted assignees or successors of the Receiving Party if and to the extent that such Persons need
to know such Confidential Information in connection with a potential sale,merger, amalgamation or other
transaction or transfer involving the business,assets or services provided by the Receiving Party;and
C. employees of each Party and its other Representatives if and to the extent that such Persons need to know
such Confidential Information to perform their respective obligations under this Agreement;
provided that any such Person is aware of the provisions of this Section 13 and has entered into a written agreement
with the Receiving Party that includes confidentiality obligations in respect of such Confidential Information that are
• no less stringent than those contained in this Section 13. -
(c) Without limiting the foregoing,each Party acknowledges and agrees that:
(i) the LDC will Handle reports,data and other information,including Confidential Information of the Participant or its
subcontractors or Representatives, to the OPA on an ongoing basis as part of its participation in the Detailed
Engineering Study Initiative or other CDM initiatives offered by the OPA and may do so without further notice to or
further consent of the Participant;and the LDC and OPA may disclose and provide reports,data and other information,
•
including Confidential Information of the Participant or its subcontractors or Representatives,to the OEB,the Ontario
Ministry of Energy and the Ontario Environmental Commissioner for Handling by such entities provided that the LDC
or the OPA,as the case niay be,has in place with any such Person a written agreement that includes confidentiality
obligations in respect of such Confidential Information that are comparable to those contained in this Section 13;
(ii) this Agreement and all Confidential Information in the possession or control of the LDC,the OPA or the Participant are
subject to Applicable Laws that include the access provisions of MFIPPA or FIPPA,as the case may be,and that as a
result, third parties may obtain access to each Party's Confidential Information. Moreover, the LDC and its
Representatives are subject to MFIPPA or FIPPA and the OPA and its Representatives are subject to FIPPA,and that
MFIPPA or FIPPA,as the case may be,applies to and governs all recorded information in any form or medium that is
provided by the LDC or the OPA,respectively,or its Representatives to the Participant or provided by the Participant
to the LDC or the OPA, respectively, or its Representatives for the purposes of this Agreement, or created by the
Participant in the performance of this Agreement,and that is in the custody or control of the LDC or the OPA,as the
case may be(collectively,the"Records"),and may require the disclosure of such Records to third parties;
•
(iii) each Party is responsible for ensuring that its agreements with Representatives contemplate and permit such potential
access or disclosure,and will be fully liable to any such Representatives for any Claim arising out of or relating to such
access;
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(iv) the LDC and the OPA may at any time make public the Participant's participation in the Detailed Engineering Study
Initiative and data relating to the Detailed Engineering Study,including a description of the Project and type of Facility,
historical energy use and consumption, aggregated with other studies in a manner intended to report on the Detailed
Engineering Study Initiative;and
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(v) the Participant may acknowledge the assistance provided by the LDC and the OPA in all public communications,
•
provided that the LDC and the OPA will have the right to approve in writing all such public communications in
advance.
14. Injunctive Relief.
Each Party acknowledges that any violation of the provisions of Section 13 may cause irreparable damage or injury to the other Party
(including,in the case of the LDC,any of the other Indemnified Parties),the exact amount of which may be impossible to ascertain,and that,for
such reason,in addition to any other remedies available to such Party(including,in the case of the LDC,any of the other Indemnified Parties),such
Party(including,in the case of the LDC,any of the other Indemnified Parties)is entitled to proceed immediately to court in order to obtain,and the
other Party will consent to,interim,interlocutory,and final injunctive relief restraining the other Party from breaching,and requiring the other Party
to comply with, its obligations under Section 13,without a requirement that a finding of irreparable harm or other criteria for the awarding of
injunctive relief be made. Nothing in this Section 14 will be construed to limit the right of a Party (including,in the case of the LDC,any of the
other Indemnified Parties)to obtain injunctive relief in any other circumstance in which it may be otherwise entitled to such relief.
15. MFIPPA and FIPPA Compliance.
To the extent that the LDC or the OPA, as the case may be, must comply with disclosure obligations under MFIPPA or FIPPA,the
Participant agrees(without limiting its obligation set out in Section 13):
(a) to keep the Records in its possession secure;
(b) to provide the Records to the LDC or the OPA,as the case may be,within seven calendar days of being directed to do so by the
LDC or the OPA,as the case may be, for any reason under MFIPPA or FIPPA, as applicable,including an access request or
privacy issue;and
(c) to implement other specific security measures that in the reasonable opinion of the LDC or the OPA,as the case may be,would
improve the adequacy and effectiveness of the Participant's measures to ensure, for the purposes of MFIPPA or FIPPA, as
applicable,the security and integrity of the Records held in the Participant's possession.
16. Dispute Resolution.
If any dispute arises under or in connection with this Agreement that the Parties cannot resolve,each of the Parties will promptly advise its
senior management,in writing,of such dispute. Within ten(10)Business Days following delivery of such notice,a senior representative from each
Party will meet,either in person or by telephone,to attempt to resolve the dispute. Each senior representative will be prepared to propose a solution
to the dispute. If, following such efforts, the dispute is not resolved,the dispute will be settled by,arbitration pursuant to Schedule"E" of this
Agreement.
17. Schedules.
The following schedules are hereby incorporated in and form part of this Agreement:
Schedule"A"—Definitions
Schedule`B"—Detailed Engineering Study Report Minimum Requirements
Schedule"C"—Detailed Engineering Study SOW
Schedule"D"—Eligibility Criteria
Schedule"E"—Arbitration Provisions
Schedule"F'—Form of Release and Waiver
•
•
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18. Headings.
The insertion of headings is for convenience of reference only and will not affect the interpretation of this Agreement. The terms"hereof',
"hereunder", and similar expressions refer to this Agreement and not to any particular Article, Section, Schedule or other part hereof. Unless
otherwise indicated,any reference in this Agreement to an Article,Section or Schedule refers to the specified Article or Section of,or Schedule to,
this Agreement.
19. Entire Agreement.
Except as otherwise provided,this Agreement,together with the Release and Waiver,constitutes the entire agreement between the Parties
with respect to the subject matter hereof and supersedes all prior agreements,understandings,negotiations and discussions,whether written or oral.
There are no conditions,covenants,agreements,representations,warranties or other provisions,express or implied,collateral,statutory or otherwise,
relating to the subject matter hereof except as herein provided.
20. Amendments.
This Agreement may not be varied,amended or supplemented except by an agreement in writing signed by both of the Parties.
21. Governing Law and Attornment.
This Agreement will be governed by,and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada
applicable therein. For the purpose of all legal proceedings,this Agreement will be deemed to have been made and performed in the Province of
Ontario and the courts of the Province of Ontario will have exclusive jurisdiction to entertain any action arising under this Agreement. The LDC and
the Participant each hereby attorns to the exclusive jurisdiction of the courts of the Province of Ontario.
22. Successors and Assigns.
This Agreement will enure to the benefit of and be binding upon the Parties and their respective successors and assigns. This Agreement
may not be assigned by the Participant to another Person other than an affiliate except with the prior written consent of the LDC,which consent may
be unreasonably withheld or delayed.
23. Further Assurances.
Each of the Parties will,from time to time,on written request of the other Party,do all such further acts and execute and deliver or cause to
be done,executed and delivered all such further things as may be reasonably required in order to fully perform and to more effectively implement the
terms of this Agreement.
24. Severability.
The invalidity,unenforceability or illegality of any provision in this Agreement will not,to the extent permitted by Applicable Law,affect
the validity,enforceability or legality of any other provision of this Agreement,which will remain in full force and effect.
25. Third Party Beneficiaries.
Except as provided in Sections 7,9,11,12,13,14, 15 and this Section 25,this Agreement is solely for the benefit of:
(a) the LDC and its successors and assigns,with respect to the obligations of the Participant under this Agreement,and
•
(b) the Participant and its successors and permitted assigns,with respect to the obligations of the LDC under this Agreement;
and this Agreement will not be deemed to confer upon or give to any other Person any Claim or other right or remedy. The Participant
appoints the LDC as the trustee for the OPA of the applicable provisions set out in this Agreement,including Sections 9, 11,12, 13,14, 15
and this Section 25,and the LDC accepts such appointment.The LDC is the agent of the OPA for the purpose of Section 7. •
.26. No Partnership,etc. •
Nothing in this Agreement will be deemed to constitute a partnership or joint venture or create any fiduciary relationship between the LDC
and the Participant.
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8
27. Force Majeure
•
The LDC shall not be in default and shall not be deemed to be in default of its obligations in this Agreement by reason of delay or of failure
or inability to perform its obligations hereunder where the said delay,failure or inability is due solely to any cause which is unavoidable or beyond
the reasonable control of the LDC, including without limitation any act of God or other cause which frustrates the performance of the LDC's
obligations in this Agreement •
28. Notices
Any notice to be given under this Agreement unless expressly provided otherwise herein must be in writing and will be given by facsimile
or e-mail or other means of electronic communication or by hand-delivery as provided. Any notice,if sent by facsimile or e-mail or other means of
electronic communication,will be deemed to have been received on the Business Day following the sending,or if delivered by hand will be deemed
to have been received on the Business Day is delivered to the applicable address noted below. Either Party may,by notice of change of address to
the other Party,change its address to which notices are to be sent. Notices and other communications must be addressed as follows:
If to the LDC:
•
•
Attention: •Melanie Walls,Key Accounts Representative
Fax: • •905.427.8430
E-mail: •mwalls@veridian.on.ca
With a copy to:
•
•
- Attention: •'Terry Britton,Manager—Distribution Services
Fax: •905.427.8430 •
E-mail: •tbritton@veridian.on.ca
If to the Participant:
Attention: •Gilbert Boehm,Energy Management Supervisor
Fax: •905.420.1739
E-mail: - •gboehm@pickering.ca
With a copy to:
•
Attention:- •Marcos Moreira,Mechanical Systems Manager
Fax: •905.420.1739
E-mail: •mmoreira @pickering.ca
29. Counterparts. • •
This Agreement may be executed in any number of counterparts and all such counterparts will,for all purposes,constitute one agreement
binding on both Parties provided that each Party has signed at least one counterpart.
30. Facsimile/Electronic Signatures.
This Agreement may be executed and delivered by facsimile transmission or by any other method of electronic transmission and the Parties
may rely upon all such signatures as though such signatures were original signatures.
[Remainder of page intentionally left blank.]
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IN WITNESS WHEREOF the Parties have executed this Agreement by their duly authorized respective representative(s)as of the date first above
written.
VERIDIAN CONNECTIONS INC. THE CORPORATION OF 1H.E CITY OF PICKERING
Per: Per.
Name:Mark Tumey Name:Marisa Carpino
Title:Vice President,Operations Title:Director,Culture&Recreation
Per: Per.
Name: Name:
Title: Title:
•
•
[Me]have authority to bind the LDC [I/We]have authority to bind the Participant
•
•
•
337
SCHEDULE"A"
DEFINITIONS
In this Agreement, the following terms will have the following or future customers, suppliers, technology, or business.
meanings: Notwithstanding the foregoing,"Confidential Information"does not
include information that is:
"Agreement" means this Detailed Engineering Study Funding
Contract, including all recitals and Schedules, as it or they may be (a) publicly available when it is received by or becomes known
amended,restated or supplemented from time to time., to the Receiving Party or that subsequently becomes
publicly available other than through a direct or indirect act
"Annualized Electricity Savings"means Electricity Savings during or omission of the Receiving Party (but only after it
the relevant Electricity Savings Period divided by the number of becomes publicly available);
years in the relevant Electricity Savings Period. Where the Expected
Life of a Micro-Project is less than 5 years, then, in the case of a (b) established by evidence to have been already known to the
Micro-Project,Electricity Savings during the period between the end Receiving Party at the time of its disclosure to the
of the Expected Life and the 5th anniversary of the in-service date Receiving Party and is not known by the Receiving Party to
will be deemed to be nil. " be the subject of an obligation of confidence of any kind;
"Applicable Law"means any applicable law,including any statute, (c) independently developed by the Receiving Party without
legislation,treaty,regulation and any applicable guideline,directive, any use of or reference to the Confidential Information of
rule, standard, requirement, policy, order, judgment, injunction, the Disclosing Party as established by evidence that would
award or decree of a Governmental Authority. be acceptable to a court of competent jurisdiction;or
"Applicable Taxes" means any applicable HST and any other (d) received by the Receiving Party in good faith without an
applicable sales or use taxes. • obligation of confidence of any kind from a third party who
the Receiving Party had no reason to believe was not
"Approved Amount"has the meaning given to it in Section 3(a). lawfully in possession of such information free of any
obligation of confidence of any kind, but only until the
"Arbitrator" has the meaning given to it in Section (a) of Receiving Party subsequently comes to have reason to
Schedule"E". believe that such information was subject to an obligation
of confidence of any kind when originally received;
"Business Day"means a day,other than a Saturday or a Sunday or
statutory holiday in the Province of Ontario or any.other day on provided, however, that for the purposes of this Agreement, all
which banking institutions in Toronto, Ontario are not open for the Personal Information concerning any Participant will constitute
transaction of business. Confidential Information, whether or not it falls into one of the
exceptions set out in clause(a)through(d)of this definition.
"CDM"means electricity conservation and demand management.
"Demand Response" means a reduction in consumption of
"Claim" means any actual, threatened or potential civil, criminal, electricity as a result of the activation of Measures or protocols that
administrative, regulatory, arbitral or investigative demand are or were implemented in order to load shift or load shed in order to
allegation,action,suit,investigation or proceeding or any other claim reduce the electricity demand
or demand,whether in contract,tort or otherwise.
"Detailed Engineering Study" means a detailed study of the
"Commercially Reasonable Efforts"means all efforts which may consumption of electricity of a System within a Facility, or of a
be required to enable a Person, directly or indirectly, to satisfy, Facility, .in order to assess and evaluate (i) Measures, or their
imple
consummate, complete or achieve a condition,transaction, activity, approv entation,that could give rise to Electricity Savings,or(ii)if
.obligation or undertaking contemplated by this Agreement and which approved by.the OPA, electricity generation by the Eligible Person
do not require such Person to expend any funds or assume liabilities that could reduce the electricity consumption by a System within a
other than expenditures and liabilities which are reasonable in nature Facility,or of a Facility,from the Distribution System,and expected
and amount in the context of the purpose of, and the condition to meet the Detailed Engineering Study Report Minimum
transaction,'activity,obligation or undertaking contemplated by,this Requirements.
Agreement
"Detailed Engineering Study Funding Application" means an
•"Confidential Information" of a Party means any and all application(File Number•,dated••and confirmed by the LDC on•)
information of such Party or any of its affiliates,licensors,customers by the Participant for a Participant Incentive from the LDC prepared
and employees or other service providers, and information on the in accordance with instructions posted on the Website from time to
•
Detailed Engineering Study Funding Application,and,in the case of time.
•
the LDC, includes the OPA and Governmental Authorities (the
"Disclosing Party") that has or will come into the possession or "Detailed Engineering Study Initiative"means the OPA desired
knowledge of the other Party, or any of their respective affiliates, initiative under the OPA's Process and System Upgrades Initiatives
licensors,customers and employees or other service providers and,in designed to provide a Participant Incentive to a Participant for.the
the case of the LDC,includes the OPA,(the"Receiving Party")in purpose of obtaining a Detailed Engineering Study.
connection with or as a result of entering into this Agreement,
including information concerning the Disclosing Party's past,present
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"Detailed Engineering Study Report Minimum Requirements" (d) all revenues, entitlements, benefits, and other proceeds
means the minimum requirements to be met with respect to the arising from or related to the foregoing.
preparation and content of Draft Reports and Final Reports as set out
in Schedule"B". "Expected Life"means the number of years a Project will deliver
. Electricity Savings,such period at least being equal to the Minimum
"Detailed Engineering Study SOW" means the scope of work, Expected Life.
attached hereto in Schedule"C",to be performed by an Independent
Engineer in order to prepare a Detailed Engineering Study and to be "Facility"means the building(s),premises or lands,or part thereof,
attached to the applicable Detailed Engineering Study Funding owned or occupied by the Participant and in which the System is
Application. located.
"Disclosing Party"has the meaning given to it in the definition of "Final Report"means a final Detailed Engineering Study issued by
"Confidential Information". an Independent Engineer.
"Distribution System" means a system connected to the IESO- "FIPPA" means the Freedom of Information and Protection of
Controlled Grid for distributing electricity at voltages of 50 kilovolts Privacy Act(Ontario).
or less and includes any structures,equipment or other thing used for .
that purpose. "Governmental Authority" means any federal, provincial, or
municipal government, parliament or legislature, or any regulatory
"Draft Report"means a draft Detailed Engineering Study prepared authority,agency,tribunal,commission,board or department of any
by an Independent Engineer. such government,parliament or legislature,or any court or other law,
regulation or rule-making entity,having jurisdiction in the relevant
"Electricity Savings"means the aggregate electricity consumption circumstances, including the IESO, the OEB, the Electrical Safety
reduction over a specified period of time, expressed in MWb, Authority,the Ontario Environmental Commissioner,and any Person
obtained as a result of a specified Eligible Study measured under acting under the authority of any of the foregoing,but excluding the
normal operating conditions. OPA.
"Electricity Savings Period"means the period commencing on the "Handle"or"Handling"means to access,receive,collect,use,store,
in-service date of the Project and ending on the 10th anniversary process,record,disclose,transfer,retain,dispose of,destroy,manage
thereof in the case of a Project(other than a Micro-Project),or on the or otherwise handle.
5th anniversary thereof in the case of a Micro-Project.
"HST"means any tax payable under Part IX of the Excise Tax Act
"Eligible Person" means, in respect of the Detailed Engineering (Canada).
Study Initiative,a person that satisfies the eligibility criteria set out in
Section 1 of Schedule"D". "IESO" means the Independent Electricity System Operator of
Ontario established under Part II of the Electricity Act, 1998
"Eligible Study" means a Project to be studied that meets the (Ontario),or its successor.
eligibility criteria set out in Section 2 of Schedule"D" and is not a
type of Project to be studied as described in Section 3 of "IESO-Controlled Grid"has the meaning ascribed to it by the IESO
Schedule"D". Market Rules.
"Environmental•Attributes" means all benefits and entitlements "1ESO Market Rules"means the rules made under section 32 of the
associated with a Measure or a Facility having decreased Electricity Act, 1998 (Ontario), together with all market manuals,
environmental. impacts resulting from the implementation of a policies and guidelines issued by the IESO.
Project,and includes:
"Indemnifiable Loss"has the meaning given to it in Section 12.
(a) all rights to any fungible or non-fungible attributes,
whether arising from a Facility itself, from the interaction `Indemnified Party"has the meaning given to it in Section 12.
of a Facility with a Distribution System or the IESO-
Controlled Grid or because of Applicable Law or voluntary
"Indemnifying Party"has the meaning given to it in Section 12.
programs established by any Governmental Authority;
(b) all rights relating to the nature of the energy source as may `Independent Engineer" means a registered professional engineer
be defined and awarded throu A hcable Law or .licensed to practice in Ontario who is not an employee of the
PP Participant
voluntary programs and specific Environmental Attributes
include ownership rights to any applicable credits,
entitlements or other instruments resulting from the `Ineligible Project" has the meaning given to it in Section 3 of
interaction of a Facility or a Measure with a Distribution Schedule"D".
System or the IESO-Controlled Grid or as specified by
Applicable Law or voluntary programs; "Insolvent",in respect of a Person,means a Person:
(c) all rights to quantify. and register the foregoing with (a) who is for any reason unable to meet its obligations as they
competent authorities;and generally become due or otherwise acknowledges its
insolvency,
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(b) who has ceased paying its current obligations in the CDM programs and initiatives, as such methods and processes may
ordinary course of business as they generally become due, be amended from time to time.
(c) who has ceased to carry on business in the ordinary course, "Participant"has the meaning given to it in the preamble of this
Agreement.
(d) who institutes any proceeding, takes any corporate action,
or executes any agreement to authorize its participation in "Participant Incentive"means funding that may be paid by the LDC
or the commencement of any proceeding seeking: (a) to to the Participant pursuant to this Agreement
adjudicate it a bankrupt or insolvent; (b) liquidation,
dissolution, winding-up, reorganization, arrangement, "Party" and "Parties" have the meanings given to them in the
protection,relief or composition of it or any of its property preamble of this Agreement
or debts or making a proposal with respect to it under any
law relating to bankruptcy, insolvency, reorganization or "Person"means a natural person,firm,trust,partnership,association,
compromise of debts or other similar laws; or (c) unincorporated organization, limited partnership, company or
appointment of a receiver,trustee,agent,custodian or other corporation (with or without share capital), joint venture, sole
similar official for it or for any substantial part of its proprietorship,Governmental Authority or other entity of any kind.
properties and assets,or
"Personal Information" means information about identifiable
(e) the aggregate of whose property is not,at a fair valuation, _ individual or other information that is subject to any Privacy Laws.
sufficient,or,if disposed of at a fairly conducted sale under
legal process,would not be sufficient to enable payment of
"Privacy Laws" means-all federal, provincial, state, municipal or
all its obligations,due and accruing due. other applicable statutes, laws or regulations of any Governmental
Authority in any jurisdiction governing the Handling of information
"LDC" has the meaning given to it in the preamble of this about an identifiable individual, including the Personal Information
Agreement and Protection of Electronic Documents Act (Canada), FIPPA,
MFIPPA and equivalent provincial legislation.
"Lighting" means equipment, and controls used to .provide
illumination through the use of electricity resulting in a load. "Project"means one or more Measures which,when implemented in
respect of a single System,are expected to deliver Electricity Savings
"M&V• Plan" means a measurement and verification document and"Project",where appropriate in accordance with the terms hereof
outlining the methodology and activities to be undertaken to quantify includes a Micro-Project
and verify Electricity Savings from a Project.
"Project Incentive Initiative" means the Initiative designed to
"Measures" means: (i) any activity undertaken for the primary provide a financial incentive to a Participant for the purpose of
purpose of obtaining or effecting, directly or indirectly, CDM, implementing a Project
including the installation, retrofit, replacement, modification or
commissioning of equipment,systems,processes or behaviours that "Receiving Party"has the meaning given to it in the definition of
consume or result in the consumption of electricity; or (ii) any "Confidential Information".
equipment,system or product related to the foregoing.. •
"Records"has the meaning given to it in Section 13(c)(ii).
"Micro-Project"means a stand-alone Project,which,when installed,
is expected to deliver at least 100 MWh of Annualized Electricity
"Release and Waiver" means the release and waiver and consent
Savings and not more than 700 MWh of Annualized Electricity executed by the Participant in favour of the LDC,among others,and
Savings. • submitted by the Participant with its Detailed Engineering Study
Funding Application,in the form attached hereto as Schedule"F".
"Minimum Expected Life"means the number of years a Project is
required to provide the Electricity Savings,being 10 years after the "Representative"means,in respect of one of the Parties,any one of
in-service date, other than in the case of a Micro-Project in which that Party's employees,officers,directors,shareholders,contractors,
case the Minimum Expected Life is 1 year after the in-service date. agents,representatives and advisors.
"MFIPPA" means the Municipal Freedom of Information and
"System" will be defined broadly and means an integrated or
Protection of Privacy Act(Ontario). interdependent combination of installed equipment and processes
that: (a) may be used for (i) manufacturing or other industrial or
"MW"means a megawatt. commercial processes, or (ii) circulating or distributing inside,
outside or between Facilities commodities, goods or utilities
"MWh"means a megawatt hour. • (including heating,cooling,air or other gases,water or other liquids);
and(b)consumes electricity.
"OEB"means the Ontario Energy Board or its successor.
"Technical Reviewer"means a Person retained by the OPA having
"OPA"means the Ontario Power Authority or its successor. on its staff individuals who have professional experience and
qualifications as approved by the OPA.
"OPA EM&V Protocols"means the methods and processes that the
OPA develops for the evaluation, measurement and verification of
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4
"Third Party Contributions" means any financial or other "Website" means the website located at the address:
contribution (including the value of contributions in kind) towards https://saveonenergy.ca/.
the eligible costs of the Project(as such costs are defined pursuant to
the Project Incentive Initiative)from or by any Person other than the
Participant or the LDC.
•
•
•
•
•
341
SCHEDULE'S"
DETAILED ENGINEERING STUDY REPORT MINIMUM REQUIREMENTS
Purpose:
This Schedule contains the minimum requirements for a Draft Report or a Final Report(in this Schedule,the`Reports").Such Reports must meet
the technical, financial and economic analysis, and overall quality and completeness requirements as outlined below. Such Reports will also
recommend opportunities for further study of potentially cost-effective electricity opportunities(in this Schedule,"Opportunities").
For the purposes of the Detailed Engineering Study Initiative,the Reports must provide energy and demand savings estimates to an accuracy of+/-
10%and Project cost estimates to an accuracy of+/-25%.The Reports must be prepared or reviewed by,and signed by an Independent Engineer.
Detailed Engineering Study Report Submission Requirements:
In order to complete a satisfactory Report,Participants should prepare a Report submission package containing:
•one original copy of the Detailed Engineering Study(bound and drawings)signed by the Independent Engineer,
•one hard copy of the Detailed Engineering Study Report(bound and drawings),and
•one electronic copy of the Detailed Engineering Study Report,in Portable Document Format(PDF)and the"Measures Summary
• Template",as found on the website for the Detailed Engineering Study Initiative.
Participants should submit the prepared submission package to:
VERIDIAN CONNECTIONS INC.
55 Taunton Road E. •
Ajax,ON LiT 3V3
Attn: Melanie Walls,Key Account Representative
In the event of a conflict or inconsistency between the hard copy and the electronic copy of the Report,the original bound copy of the Report will
prevail.
Amending Reports:
At any time until the final day for submitting a Report, a Participant may amend a submitted Report.The right of Participants to amend includes
amendments or withdrawals wholly initiated by Participants and amendments or withdrawals in response to subsequent information that becomes
available to the Participant Following acceptance of the Report by the LDC and the Technical Reviewer,all amendments thereto proposed by the
Participant will require the written approval of the LDC.
Any amendment should clearly indicate what part of the Detailed Engineering Study the amendment is intending to replace.A notice of amendment
should be sent to the LDC as soon as possible and should be signed by a senior representative of the Participant and by an Independent Engineer.
Report to be Retained by the LDC:
•
The LDC will not return any Reports or any accompanying documentation submitted by a Participant.
Form and Content:
The following are the required components of a Report:
1.0 Executive Summary:
1.1 Facility name and location. •
1.2 Dates of study start and completion. •
1.3 A brief background and description of the System studied.
1.4 A brief description of Measures recommended for further study,with estimates of:
1.4.1 Annualized Electricity Savings,
1.4.2 Annual average electricity demand reduction,
1.4.3 Project benefits that contribute to cost-effectiveness of the Project,
1.4.4 Any costs directly related to the Project which are not included in eligible costs,
i.4.5. Simple payback for the recommended Measures based on total eligible costs(as such costs are defined pursuant to the
Project Incentive Initiative)excluding any Participant Incentives or Third Party Contributions,
1.4.6 Project payback for the recommended Measures including any Participant Incentives or Third Party Contributions,and
1.4.7 Estimated Participant Incentive.
1.5 Author of report with aclmowledgement of key personnel involved including titles.
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1.6 Acknowledgement of Facility personnel involved in the study with titles. •
2.0 Base Case and System Studied:
2.1 Description of the System studied:
2.1.1 Type of System and areas of plant/process served,
2.1.2 Explanation of why the System was chosen for study
2.1.3 Process flow diagram,indicating measurement boundary,and how the System interacts with the remaining plant,
2.1.4 Relevant electrical single line diagrams,
2.1.5 Process and instrumentation drawings(P&ID),
2.1.6 Equipment data sheets or existing equipment efficiency,
2.1.7 Preliminary base case baseline(subject to review and acceptance by the Technical Reviewer during baseline data
collection);
2.1.7.1 Annualised electricity energy consumption,
2.1.7.2 Daily and seasonable electrical load profile,
2.1.7.3 Load duration curve or table indicating annual hours of operation at significant capacity points,
2.1.7.4 Production and throughput as it relates to the electricity consumption of the System •
2.1.8 Operating and maintenance costs for the System,
2.1.9 Product quality from the existing System,
2.1.10 Reliability of the existing System, •
2.1.11 Age of the System or major System components and analysis of remaining life,
2.1.12 Standard commercially available replacement equipment cost and energy use(at least the cost of new equipment that
meets the System requirements).
2.2 Measured electrical,process and operating data collected during the Detailed Engineering Study provided in MS Excel spreadsheet
format.
2.3 The most recent electric utility bills received for a single billing period at the location,of the nearest utility revenue metering point.
3.0 Opportunity Analysis:
•
Analyze all reasonable electricity conservation Measures that could be applicable to the System studied. Complete the technical, financial, and
economic information requirements listed below for each Measure analyzed.
3.1 Technical:
3.1.1 Technical description of each identified Measure.
• 3.1.2 Methodology and calculations used to arrive at electricity and demand savings estimates for each Measure.
3.1.3 Identification and specification of any software tools used in the analysis.
3.1.4 Results of analysis including uncertainty ranges and assumptions for operating conditions for the life of the Measure:
3.1.4.1 Annualized Electricity Savings,
3.1.4.2 Monthly average electrical demand reduction,and
3.1.4.3 Daily electrical demand reduction profile by season.
3.1.5 Analysis of"interactive effects"between Systems and the Measure(i.e.a reduction in electricity use in one area may cause
an increase in another).
3.1.6 Quantification of"other benefits"with dollar savings estimate that may result from'implementation of each Measure.
Methodology must be shown.Examples of"other benefits"are:'
• Changes in fossil fuel consumption,
• Changes in product quality or productivity,or
• Changes in operating and maintenance costs.
3.1.7 Description of measurement techniques that would aid in ongoing evaluation of electricity savings for each Measure.
3.2 Economic and Financial:
•
3.2.1 Itemized implementation costs of each Measure including:
3.2.1.1 Detailed design and engineering,
3.2.1.2 Project management,
3.2.1.3 Equipment,
3.2.1.4 Installation labour,
3.2.1.5 Demolition,
3.2.1.6 Scrap value recovery,and •
3.2.1.7 Commissioning. •
3.2.2 Simple payback for each identified Measure without Participant Incentives or any Third Party Contributions.
3.2.3 Project payback for each identified Measure including any Participant Incentives or Third Party Contributions
4.0 Recommendations:
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4.1 Provide recommendations by Measure and at the Project level:
4.1.1 Discussion of recommended and non-recommended Measures using results of technical and economic analysis,
4.1.2 Simple payback for each recommended Measure and for the aggregate of all recommended Measures based on total eligible
costs with no Participant Incentives or Third Party Contributions,
4.1.3 Project payback for each recommended Measure and for the aggregate of all recommended Measures,
4.1.4 Discussion of expected lifetime of recommended Measures with a description of any special maintenance practices required
to realize continued savings, .
4.1.5 Discussion of risks associated with performance of recommended Measures.
5.0 Implementation Action Plan:
5.1 Detailed technical description for implementation of each recommended Measure:
5.1.1 Specifications suitable for procurement of bids for the Project construction and commissioning. Include sample
manufacturers data sheets if applicable,
5.1.2 List of existing equipment to be de-commissioned, -
5.1.3 Proposed operating parameters including mode and sequence of operation and programming of process control systems.
5.2 Provide a schedule for implementation:
5.2.1 Overall time to complete Project broken down by major tasks and time required for each,
5.2.2 Detail any known timeline risks and critical tasks.
•
•
•
•
•
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•
•
SCHEDULE"C"
DETAILED ENGINEERING STUDY SOW
See attached document
•
•
•
•
•
•
•
•
345
SCHEDULE"D"
ELIGIBILITY CRITERIA
1. Participant Eligibility Criteria •
To be an Eligible Person under this Initiative a Person must •
(a) be an electricity consumer;and
(b) not be Insolvent.
2. Study Eligibility Criteria
To be an Eligible Study,the proposed Project to be studied must:
(a) involve the installation or implementation of a Measure or Measures;
(b) be in respect of a•single Facility of the Eligible Person connected to, or behind the meter of another electricity consumer
connected to,a Local Distribution Company's Distribution System,but in the LDC's service area;
(c) (i)in the case of a proposed Micro-Project,be expected to generate Annualized Electricity Savings of greater than 100 MWh but
less than 700 MWh;or(ii)in the case of a Project,be expected to generate,based on a Detailed Engineering Study approved by
the Technical Reviewer and the LDC,Annualized Electricity Savings of greater than 350 lvIWh;and
• (d) not be an Ineligible Project.
Pursuant to the terms and conditions of the Detailed Engineering Study Initiative,
(e) the scheduled in-service date of a Project may not occur any later than two years following the date of execution of an agreement
for the Project Incentive Initiative or any later than December 31,2014,unless otherwise approved by the LDC.
3. Ineligible Projects
None of the following types of Projects qualifies to be studied(each,an"Ineligible Project"):
(a) a Project that the LDC determines is more appropriately funded by another OPA or other existing program;
(b) a Project with a project payback of less than one year;
(c) Lighting;
(d) Demand Response;
(e) a Project designed to reduce voltage or improve power factor or power quality,other than as an ancillary benefit to obtaining
Electricity Savings;
(1) a Project that is not reasonably expected to achieve its Minimum Expected Life;
(g) a Project that involves installation of any equipment or system if such equipment or system,or the operation of either,would not
comply with all Applicable Laws;
(h) except as otherwise approved in writing by the LDC,a Project for which any financial incentive has been,is being or may be
received from the OPA(other than a Participant Incentive),the Province of Ontario or any agency thereof;
(i) prior to submitting a Detailed Engineering Study Funding Application,the Participant has approved the undertaking of a Detailed
Engineering Study or entered into an agreement with a contractor or consultant or ordered or purchased any equipment for use in
relation to the Project;
(j) an electricity generation Project,unless otherwise approved in writing by the LDC;or
(k) a fuel-switching Project,unless otherwise approved in writing by the LDC.
•
346
SCHEDULE"E"
ARBITRATION PROVISIONS
(a) Subject to and in accordance with the provisions of this Schedule"E",any and all differences,disputes,Claims or controversies
arising out of or in any way connected with this Agreement,whether arising before or after the expiration or termination of this
Agreement,(including any dispute as to whether an issue is arbitrable)will be resolved by arbitration before a single arbitrator
(the"Arbitrator")pursuant to the Arbitration Act, 1991(Ontario)and otherwise in accordance with the laws of the Province of.
Ontario.
•
(b) A Party desiring arbitration hereunder will give written notice of arbitration to the other Party containing a concise description of
the matter submitted for arbitration("Notice of Arbitration"). If the Parties fail to jointly appoint an Arbitrator within 20 days
thereafter,an Arbitrator will be designated by a judge of the Ontario Superior Court of Justice upon application by either Party.
The Arbitrator may determine all questions of law,fact and jurisdiction with respect to the dispute or the arbitration(including
questions as to whether a dispute is arbitrable)and all matters of procedure relating to the arbitration. The Arbitrator may grant
legal and equitable relief(including injunctive relief),award costs(including legal fees and the costs of the arbitration),and
award interest.
•
(c) The arbitration will be conducted in English in the City of Toronto(or as otherwise agreed to by the Parties)at such place therein
and time as the Arbitrator may fix and,failing agreement thereto by the Parties,in accordance with such procedures as the
Arbitrator will determine,in accordance with the principles of natural justice. The arbitration and all matters arising directly or
indirectly therefrom will be kept strictly confidential by the Parties and will not be disclosed to any third party except as may be
compelled by law.
(d) The Arbitrator's written decision will be delivered to each of the Parties within 60 days following the conclusion of the
arbitration hearing. The costs of any arbitration hereunder will be borne by the Parties in the manner specified by the Arbitrator
• in his or her decision. The decision of the Arbitrator will be final and binding upon the Parties in respect of all matters relating to
the arbitration,the conduct of the Parties during the proceedings and the final determination of the issues in the arbitration. There
will be no appeal from the decision of the Arbitrator to any court,except on the grounds that the conduct of the Arbitrator,or the
decision itself,violated the provisions of the Arbitration Act,1991(Ontario),or solely on a question of law as provided for in
such act. Judgment upon any award rendered by the Arbitrator may be entered in any court having jurisdiction thereof.
(e) Submission to arbitration under this Schedule"E"is intended by the Parties to preclude any action in matters which may be •
arbitrated hereunder,save and except for enforcement of any arbitral award hereunder.
•
•
•
•
•
347
•
•
SCHEDULE"F"""
FORM OF RELEASE AND WAIVER
RELEASE AND WAIVER AND CONSENT
•
FOR VALUABLE CONSIDERATION,the receipt and sufficiency of which are hereby acknowledged,the undersigned hereby,for itself and its
successors and assigns:
A. releases and forever discharges each of [NAME OF LDC] ("LDC"), the Ontario Power Authority ("OPA") and their respective
representatives,affiliates,third party service providers and agents(collectively,the"Program Operators")and all of the respective past,
present and future officers, directors, employees, owners, shareholders, agents, successors and assigns of the Program Operators
(collectively,the"Representatives")(the Program Operators and the Representatives hereinafter collectively referred to as"Releasees")
from any and all actions, causes of action, suits, complaints, disputes, debts, liabilities, obligations, damages, legal fees, costs, .
disbursements,expenses,claims and demands of every nature or kind whatsoever and howsoever arising,at law or in equity,or under any
statute,including without limitation,claims for property damage,business interruption and personal injury of the undersigned's employees,
officers,directors or licencees,which it can,will or may have by reason of any matter,cause or thing arising as a result of in relation to or
in connection with the attendance on one or more occasions by one or more of the employees,officers,directors,representatives,third
party service providers or agents of any or all of the Program Operators (collectively, "Persons") at any and all facilities owned or
occupied by the undersigned in connection with,arising out of or relating to the initiatives designed by the OPA for electricity conservation
and demand management and directed at one of the commercial and institutional,industrial,low-income or residential electricity consumer
groups (collectively referred to as the"CDM Program"),other than in the case of the gross negligence or willful misconduct of such
Persons during such attendances;
B. agrees that the undersigned will not make any claim or take any proceedings against any other person or entity with respect to any matter
released and discharged in Section 1 above which may result in any claim arising against any of the Releasees for contribution or indemnity
or other relief;
C. without limiting the foregoing,the undersigned acknowledges,agrees and consents that by submitting an application("Application")to
participate in a CDM Program or any initiative thereof,whether or not its Application is ultimately accepted:
(a) it hereby consents to the collection,use,disclosure and other handling of any information it provides to the Program Operators,
including all reports,data,personal information,records showing historical energy use and consumption,and other information
• of the undersigned or its subcontractors or representatives(collectively,the"Applicant Information")by the Program Operators
for purposes relating to the operation, administration or assessment of the CDM Program, any initiative thereof or the
Application, and in connection with any reporting activities relating to the CDM Program, which shall include, without
limitation:(i)sharing of Applicant Information among the Program Operators;(ii)use by the Program Operators of the Applicant
Information provided by the Participant to process any of the-undersigned's Applications and to conduct,analyze and report on
the results of surveys and modify the CDM Program based on such surveys;and(iii)disclosure to the Ontario Energy Board,the
Independent Electricity System Operator,the Ontario Ministry of Energy or the Ontario Environmental Commissioner or their
respective successors;
(b) it hereby consents to the disclosure by the OPA to the LDC of information regarding the Participant's past participation in other
OPA funded conservation and demand management programs for the purpose of processing the Participant's Application;and
(c). this Release and Waiver and Consent and all Applicant Information,in the possession or control of the LDC and/or the OPA are
subject to applicable laws that include the,access provisions of the Municipal Freedom of Information and Protection of Privacy
• Act(Ontario)("MFIPPA")or the Freedom of Information and Protection of Privacy Act(Ontario)("FIPPA"),as the case may
be,and that as a result,third parties may obtain access to the Applicant Information;
D. the foregoing Release and Waiver and Consent will continue in full force and effect for the benefit of the Releasees and will apply to each
Application submitted by the undersigned to the LDC and to the extent of any conflict between this Release and Waiver and Consent and
the terms of any agreement or other document entered into by the undersigned and one or more of the Program Operators pursuant to or in
connection with the CDM Program or any part thereof,or any initiative under any CDM Program,the terms of this Release and Waiver and
Consent will prevail;and
E. this Release and Waiver and Consent will be governed by and construed in accordance with the laws of the Province of Ontario and the
federal laws of Canada applicable therein.
IN WITNESS WHEREOF the undersigned has executed this Release and Waiver and Consent by its duly authorized representative(s)as of the date
below written.
Dated: [DATE] •
348 .
_Z_
[LEGAL NAME OF PERSON MAKING APPLICATION]
Name:
Title:
Name:
Title:
[UWe]have the authority to bind the corporation.
349
ATTACHMENT# TO REPORT# t S
PROJECT
,s1 BRIEFING &
Professional Energy Solutions
PROPOSAL
- _
PROJECT BRIEFING FOR DETAILED ENGINEERING
STUDY
THE PICKERING RECREATION COMPLEX
CITY OF PICKERING, ON
APRIL 08, 2014
Prepared by:
I.B. Storey Inc.
Ontario Office:
• 400 Applewood Cres., Suite 100
Vaughn, ON L4K 0C3
Phone: 416-800-1482 Fax: 647-438-5707
, Atlantic Office:
51 University Ave., Ste. 302
• Charlottetown, PE CIA 4K8
Phone: 902-367-3545 Fax: 902-367-3546
„.
Email: info@ibstorey.ca
CONFIDENTIAL&PROPRIETARY
DETAILED ENGINEERING STUDY
I.B.STOREY INC. Prof essional Wei Sdullons
PROJECT BRIEFING&PROPOSAL
This project briefing is a follow-up to a site visit and subsequent discussions between I.B. Storey Inc. and
Pickering Recreation Complex regarding a Detailed Engineering Study for the refrigeration system. The
recreational facility is located at 1867 Valley Farm Road in Pickering, Ontario. The recreational centre
has requested to have their refrigeration systems studied to identify system improvements, determine
efficiencies,and provide redundancy/backup to the existing system in the event of failure.
The following proposal is to provide engineering services to study and design a completely operationally
integrated and energy efficient system for the City of Pickering's Recreation Complex,which will include:
refrigeration, electrical, plumbing, mechanical, HVAC, DHW, dehumidification, monitoring and controls
phased in based on City budget approvals.The Recreation Complex has aging A/C, DHW and ice making
equipment that currently needs to be replaced. The City wishes to maximize energy savings by
integrating solutions to utilize waste heat and create desirable redundancies.
Funding opportunities exist through program offerings of the Ontario Power Authority(OPA)that would
both provide incentives for implementation as well as funding to cover the cost of the detailed study.
The purpose of this briefing is to outline the process along with the anticipated improvements to be
investigated and pursued.
I.B. Storey Inc. is highly experienced in the complexities and intricacies of executing a DES that is in
accordance with all OPA requirements and regulations. On behalf of our clients, I.B. Storey Inc. has
completed 14 DES studies that have been fully funded by the OPA. Our firm has never submitted an
application on behalf of a client that has been rejected by the OPA. Based on our recommendations and
study findings, our clients have projected savings of$3.7 million and project energy reductions of 16.5
million kWh. Our highly experienced team is adept at developing realistic solutions that are in
accordance with our client's internal policies and mandates.
APRIL 08TR,2014 PAGE 11
351
x i
DETAILED ENGINEERING STUDY .I I
I.B.STOREY INC. �._. ProlossionalEnerviSdutions 1
PROJECT OBJECTIVES
If pursued,this project would address and prepare the City of Pickering to achieve the following goals;
g
Pickerin Recreational ow this will be`achieved
Complex's Goals
This is an inherent feature of pursuing this project. Energy savings
Achieve Energy Savings are anticipated to be achieved from the Preliminary Opportunity
Identifications noted below.
Operational and Maintenance The Detailed Engineering Study will investigate upgrading the
Cost Reductions refrigeration that will not only provide energy savings but will also
reduce maintenance and operational costs.
As an often overlooked benefit to any energy-efficiency
Reliability and Redundancy improvement project, reliability of equipment is always improved
when equipment becomes more-lightly loaded/or taxed.
The design work will include:
1) The removal of the existing two DHW tanks, abandoned heat
Detailed Specifications and Design exchanger and associated plumbing, removal of three Delaney
Drawings to Accompany Tender ice making compressors,disconnection and abandonment of
Documents two existing Dectrons. Possible abandonment of cooling
tower.
2) Installation of new dehumidifiers on the rooftop
3) Installation of three new ice making compressors. (I.B.Storey
to provide recommendations on new compressors in regards
to type,HP,upgrading,etc.to support the energy integration.
4) Installation of one or two DHW
5) Tie AC to refrigeration system.
6) Tie refrigeration system and new 200 ton chiller to heat
exchangers to reclaim waste heat and utilize the heat in the
DHW system.
7) Installation of ice batteries for AC redundancy and to facilitate
mid-day shutdown of primary chiller or
8) Removal of one cooling tower if feasible,or potential to
replace existing aging tower with a smaller unit in the future.
9) Installation of controls,monitoring software/hardware and tie
in to our existing Honeywell BAS.
•
APRIL 08TR,2014 PAGE 12
352
DETAILED ENGINEERING STUDY 1 I
I.B.STOREY INC. Prot esslesal rnarasd°u=
PRELIMINARY OPPORTUNITIES/OBSERVATIONS
Refrigeration System
• A system that can utilize waste heat from the new 200 ton chiller and three new ice making
compressors to preheat the DHW supply(and swimming pools)via heat exchangers.
o Water can be stored in one or two new DHW tanks.
• A system that utilizes waste heat from the new 200 ton chiller and three new ice making
• compressors to preheat the air supply via heat exchangers.
• Loops installed in one or two new rooftop Dectrons(or other suitable dehumidifiers)to save
energy.
• Ice making compressors tied in to ice batteries to facilitate off-peak ice creation in the batteries.
• Ice batteries tied into AC air supply for mid-day peak time use or as a backup AC.
• A system that allows for AC via the new 200 ton chiller,the three new ice making compressors,
and/or the new ice batteries.
• A system that allows for DHW heating via existing natural gas fired burners,and/or via heat
from the chiller and/or ice making compressors,and possibly instant hot water.
• A system that allows the City to delete the requirement for a budgeted$400,000 primary chiller
that was scheduled to be installed in 2015 but have that chiller replaced with a "refrigeration
tied into the AC system"and the addition of ice batteries as described above.
• Potential to delete one cooling tower.
• A system that can be controlled, monitored and fully compatible with our existing Honeywell
BAS.
• Additional opportunities as identified throughout the study process.
PRELIMINARY ESTIMATED SAVINGS
• Following acceptance of I.B.Storey Inc. proposal, I.B. Storey Inc.will prepare Detailed
Engineering Study application with required estimated savings.
APRIL 08TH,2014 PAGE 13
353 .
DETAILED ENGINEERING STUDY ) R
I.B.STOREY INC. PrtiessionalEnerviSolutkxes
PROJECT DELIVERABLES
From the previous discussions with Pickering Recreational Complex,a Detailed Refrigeration Engineering
Study is warranted and will reveal several opportunities for energy savings. I.B. Storey Inc. currently has
sufficient information to begin the application process on behalf of the complex. Additional site visits
will be required as the project progresses.
Deliverable:Detailed Refrigeration Engineering Study
The Detailed Refrigeration Engineering Study will investigate and quantify a number of energy saving
opportunities within the refrigeration system at the facility. These changes will be evaluated from a
technical feasibility and logistics standpoint, along with a business case,as part of the execution of the
proposed project approach. Each upgrade opportunity is also accompanied by a Detailed Scope of Work.
The Detailed Refrigeration Engineering Study will include:
1. Layman's overview of the existing infrastructure and proposed new infrastructure with an
Executive Summary detailing all costs and energy&energy cost savings. Simple illustrations
depicting current and new configurations.The purpose of this section is to allow non-technical
persons to understand the scope of the project and the benefits of the new system.
2. Engineer/professional level overview of the existing infrastructure and proposed new
infrastructure suitable for technical persons such as contractors,City facilities personnel,
mechanics,installers,suppliers,inspectors etc.
3. All tender ready documents including specifications,recommended equipment,stamped system
drawings,shop drawings, installation methodologies,timelines,commissioning and any other
documentation that a contractor would require to facilitate successful completion of the
project. (Refer to section on design work)
4. Energy(in kW, kWh,m3 and ekWh as appropriate)and energy cost saving analysis for each
piece of equipment or systems as a whole depending on feasibility of calculating savings.
•
Note that the finalized opportunities are subject to change based on the findings from the Detailed
Engineering Study.
•
APRIL 08TH,2014 PAGE 14
354
!
DETAILED ENGINEERING STUDY
I.B.STOREY INC.` PrdesslosalfmroiSddiaa j._..
SERVICE OFFERING: DETAILED REFRIGERATION ENGINEERING STUDY
The following Process Diagram outlines the general procedure for accessing incentives as well as the
required inputs and responsibilities as each stage.
Detailed Refrigeration Engineering Study Progress
Diagram
Pickering Recreational I.B. Storey Inc. Ontario Power
Complex Authority
MOU Preliminary
•
Solution
•
Application
Forms
I.B.Storey
Signature _ Inc.Manages Review&
• Paperwork Approve
Funding Contract
•
t
0 Notice to Proceed
Detailed Study
Completed
Client Advised of approved
incentives and invoices OPA for 4 Review&
Study Costs
♦ Approve
I.B.Storey Inc.Paid for DES—
Client reimbursed from OPA
total study cost.
APRIL 08T1i,2014 PAGE 15
355
DETAILED ENGINEERING STUDY
i
tJ1,.'
I.B.STOREY INC. Pro tensional bum Solutions
PROJECT STAGES
There are four distinct phases to the execution of a Detailed Refrigeration Engineering Study. Please
note these are simplified for clarity and much of the activity by I.B. Storey Inc. has been omitted to meet
this objective.
Stage 1-Initial Stage
This is the, starting point of the process. During this phase the potential for energy savings is
established. The conceptual improvements are identified and a cursory triage analysis is conducted by
I.B.Storey Inc.to ensure engagement in the process would be mutually beneficial.
Outcomes: Memorandum of Understanding
Cost to Owner: $0
Stage 2-Investigative Stage
A Preliminary Solution report is developed and used in conjunction with the OPA PSU application form.
The Preliminary Solution report outlines energy savings based on an Investigative-Grade of analysis.
This is the starting point for further refinement of the project. It is during this phase the final firm study-
cost is established. This study cost is not to exceed the$50,000 maximum set out by the OPA to ensure
clients are.at a cost-neutral position at the end of the process.
Outcomes: Preliminary Solution Report and Funding Application forms
Cost to Owner: $0
Stage 3-Investment-Grade Stage
During this stage,.Detailed Refrigeration Engineering Study is executed. This is the key stage towards
leveraging incentive funding towards implementation of improvements that will reduce overall energy
spending.
Outcomes: Detailed Engineering Report
Cost to Owner: $0
•
Stage 4-Project Close Out
During this stage,the incentive amounts for execution of the project are defined by the OPA. This is the
committed value that the client will be in position to receive as a result of implementation. As the
Detailed Engineering Study has been completed, Study fees are paid to I.B. Storey Inc. with
reimbursement of the study amount to the owner by the OPA. This amount is paid regardless of
whether the client chooses to proceed to construction or not.
Outcomes: Incentive levels
Cost to Owner: Net$01
1 Study Fees are paid to I.B.Storey Inc.and reimbursed under the previously established funding agreement with the OPA.
APRIL O8Tn,2014 PAGE 16
356
DETAILED ENGINEERING STUDY
am-ft)!
I.B.STOREY INC.
PratesWRal Energy Villas
REQUIREMENTS FROM CLIENT
Should the proposal be accepted,the following information is required as a minimum:
• Copy previous 16-18 months utility bills as-received from the utility,prior to on-site work
• Access to all of the facility areas(in coordination with on-site staff)
• Connection and Removal of Power Monitoring Equipment supplied by I.B. Storey Inc. with
connection supervision by I.B. Storey Inc. It is generally preferred to have the electrician most
familiar with the facility complete the physical work involved.
All information is kept strictly confidential.
QUALIFICATIONS
I.B. STOREY Professional Energy Solutions provides energy engineering services to a variety of clients
across Canada and the US. With over a decade of experience serving the institutional, commercial and
industrial sectors exclusively, I.B. Storey places a strong focus on helping clients manage energy costs
impacts effectively and efficiently,with an emphasis on optimizing existing facilities.
Memberships are also held'with the American Society of Heating, Refrigerating and Air-Conditioning
Engineers (ASHRAE), the Association of Energy Engineers (AEE) and International Institute of Ammonia
Refrigeration (IIAR) and numerous corporate memberships of recreation associations including ORFA.
Additional engineering memberships are held with PEI and Nova Scotia with Licenses to Practice in
Newfoundland, New Brunswick,Ontario,and British Columbia.
REFERENCES:
Sergio Grando Dave Atthill Joydeep Ghosh
Manager Energy Initiatives Facilities Services Manager Project Manager
City of Windsor Municipality of South Huron Parmalat Canada
Windsor,ON South Huron,ON Winchester,ON
(519)253-7889 ext.2746 (519)235-2833 (613)774-2310 ext.2204
BENEFIT SUMMARY:
• Experienced team for all building systems
• Fixed cost for intial assessment layout
• Rapid turn-around time to allow for quick implementation and savings
APRIL 08TH,2014 PAGE 17
357
•
DETAILED ENGINEERING STUDY
n
I.B.STOREY INC. erdesdwmlEnbrwSolutions
PRICING SUMMARY
DETAILED REFRIGERATION ENGINEERING PRICING MATRIX"
The below study cost is based on the complex nature of the interrelated refrigeration equipment
and is eligible to be fully funded by the Ontario Power Authority.
z °
x DES Pricing
Potential Net
Incentive Price
. _�.. rte• _. _ 3 �_. .
DETAILED REFRIGERATION &
COMPRESSED AIR ENGINEERING STUDY $47,800 $47,800 $0
NEXT STEPS
•
• See attached Memorandum of Understanding
• Return signed Memorandum of Understanding page to I.B.Storey Inc.
• I.B.Storey Inc.to submit application to Ontario Power Authority
2 All Taxes Extra.In addition to the Participant Incentive the LDC will pay any applicable taxes of the Participant
Incentive.The Participant will provide to the LDC sufficient supporting documentation,as requested by the LDC,to
facilitate and support the LDC in claiming input tax credits in respect to the participant incentive.
APRIL 08TH,2014 PAGE 18
358
I.B. STOREY INC. I 44)
51 UNIVERSITY AVE. SUITE 302 I �� .
CHARLOTTETOWN, PE CIA 4K8
PHONE: 902-367-3545 FAX:902-367-3546 Prof essionalEnargfiSolutions
MEMORANDUM
TO: MARISA CARPINO COMPANY:PICKERING RECREATION COMPLEX
FROM: I.B.STOREY INC.
SUBJECT: MEMO OF UNDERSTANDING-DETAILED ENGINEERING STUDY(DES)
DATE: APRIL 8171.2014
CC: VIA:
This Memorandum of Understanding has been prepared to outline the major expectations and
responsibilities of both parties entering into the DES process. The objective of this process is to
leverage incentive funding towards implementing improvements on the Refrigeration System
installed at the Pickering Recreation Complex, located at 1867 Valley Farm Road, Pickering,
Ontario.
x _
Pickering Recreation CoMpleg I B,StoreyFinc
Provide Utility Invoice Data for Report Prepare Preliminary Solution at NO COST to
the client
Provide prompt signature on OPA(Ontario Complete Application Paperwork and manage
Power Authority)application for DES submission with the Ontario Power Authority
Provide prompt signature on Funding Complete DES at a value that will be fully
Contract for reimbursement on DES reimbursed by OPA.(net$0 cost to client)
Issue payment to I.B. Storey Inc. for DES
based on the pre-determined study amount
(fully reimbursed by OPA)funding
Issue Invoicing to OPA for reimbursement •
Acknowledged by:
Marisa Carpino Ian B. Storey,P.Eng.
City of Pickering President,I.B. Storey Inc.
APRIL 8TH, 2014 PAGE 1
359