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Home My WebLink AboutDuxbury Architects/Savings by Design/PG&ED U X B U R Y ARCHITECTS Transmittal ............. ................. ...................... ............ ...................... -......... ..,........................... ......... ........................... ..,.. 382A Firsf Sfreef, Los Alfos, CA 94022 650.917.3840 fax 917.3848 Name: Los Altos Hills Town Hall Date: June 15, 2004 Via: ® U.S. Postal Service ❑ Overnight Delivery ❑ Courier ❑ Hand ❑ Facsimile (Total of Fax: To: Michael Lesh PGE / Savings By Design 615 7th Avenue Santa Cruz, CA 95062 pages including cover) JUN 16 2004 TOWN OF LOS ALTOS HILLS (quantity,...,Description:............................................................................................................................................................ Date:...,... .......... ..., ....... 1 Signed 2004/05 Savings By Design -Design Team Incentive Agreement (3 pg) 06/10/04 Remarks: By: SMG for PHD c: Breen Kerr / LAHTH Chair Bill McIntosh / Duxbury Architects File: Al / C5 / Green Energy Folder A i • H 0 is �y�'. a e s 2004/05 SAVINGS BY DESIGN—DESIGN TEAM INCENTIVE AGREEMENT Design Twin Leader h�forination Duxbury Architects FIRM NAME 382A First St. ADDRESS Peter Duxbury CONTACT Principal Architect TITLE Ff--,p q4.- 30 -/ 30 �; 5 FEDERAL TAX ID OR SOCIAL SECURITY NUMBER Los Altos Hills Town Hall PROJECT NAME 26379 Fremont Rd. LOCATION -Ta ail 1-6I� BUILDING TYPE 8,500 Los Altos, CA AAO'?'? CITY/STATE ZIP CODE peter@duxarx.com E-MAIL (650) 917-3840 _ (650) 917-3848 PHONE NO. FAX NO. TAX STATUS -Corp. XNon-Corp. ❑ Exempt Town of Los Altos Hills EXEMPT REASON OWNER'S NAME Los Altos Hills CA 94022 CITY ZIP CODE 07/31/2005 AREA (SF) ESTIMATED COMPLETION DATE PROJECT TYPE. PROGRAM TRACK: ® New Construction ❑ Renovation/ Remodel ® Track A ❑ Track B Estimated Incentive h�fonnation COMPLIANCE MARGIN: 1- 1 116.27 kBtu/sf/yr PROPOSED BUILDING 161.85 kBtu/sf/yr REFERENCE BASELINE 28.16 % BELOW TITLE 24 ELECTRIC INCENTIVE: $ 0.056 /kWh x 111,925 kWh/yr - 78,201 kWh/yr = $ 1,889 INCENTIVE RATE REFERENCE BASELINE DESIGN PROPOSED DESIGN INCENTIVE AMOUNT GAS INCENTIVE: $ 0.255 / Therm x 1,582 Therm/yr - 1,362 Therm/yr = $ 56 INCENTIVE RATE I REFERENCE BASELINE DESIGN PROPOSED DESIGN INCENTIVE AMOUNT X PG&E Reviewer/Authorized Signature Date Page 1 of 3 2004/05 SBD DESIGN TEAMINCENTYPE AGREEMENT - �� ... -• xe ars r � - •� _,t r - ". ikm �s _ 4,_srR .� nR #.. ; �, #9� , �S,N�'. 901 Track A Incentives 22.8 33,724 220 1,945 n;a 1,945 209 Other Systems 1.1/a TOTALS 22.8 33,724 220 1,945 ilia 1,945 €'".Y,.. j E}'# .. 'r�x- �'1J %.,e -, �;: E r_ .a:. ,+fp is' n�s s3 .:XS ... �nc `�1ir *-f .]`.!u. xf': S? c. ..iii. -3±•' ,, p� 1 - a - 901 Track B Incentives 900 Design Stipend t1/il .gist t'ti t tt, 209 Other Systems TOTALS X PG&E Reviewer/Authorized Signature Date Page 1 of 3 2004/05 SBD DESIGN TEAMINCENTYPE AGREEMENT TERMS AND CONDITIONS: This Agreement is entered into by Pacific Gas & Electric Company (hereafter referred to as "PG&E") and the Design Team Leader (hereafter referred to as "Leader") and is valid only if the Owner of the project identified under "Project Information" Section of this Agreement has signed a Savings By Design Owner Agreement (hereafter referred to as "Owner Agreement"). This Agreement is a one-time offer to provide a financial incentive to the Leader for participation in the Savings By Design program (`Program") pursuant to the terms and conditions outlined herein and in the Savings By Design Program Documents ("Program Documents"). The Program Documents are incorporated into this Agreement by reference and include 1) the Savings By Design brochure, 2) the Savings By Design 2004/05 Participant Handbook, 3) the Design Team Incentive Application, and 4) the Whole Building Analysis Instructions and Documentation Requirements, which details Program requirements for Design Teams, copies of which have been provided to the Leader. Funding approved for this Program is limited and will be paid on a first-come, first-served basis to qualified applicants. Funds will only be reserved upon PG&E's execution of this Agreement. This incentive offer is subject to the availability of authorized funds. This Agreement is valid for forty-eight (48) months from the date PG&E executes this Agreement. PG&E will deliver an executed copy of this Agreement to the Leader after acceptance and execution by PG&E. PG&E reserves the right to modify or cancel the incentive offer if the actual system(s) installed differs from the proposed installation. PG&E reserves the right to modify or discontinue this Program without prior notice at its discretion, or by order of the CPUC. Payment of the incentives shall be made to the Leader only after all program requirements are met and upon verification of installation by a PG&E Savings By Design Program representative. ELIGIBILITY: • To be eligible for incentives under this Program, project must be a nonresidential new construction or renovation/remodel project located within PG&E's service territory. • The energy-efficient building design specified in the `Estimated Incentive Information" section of this Agreement (the "Proposed Design") must exceed Title 24 Standards or a generally accepted industry standard for energy efficiency by at least 15 percent. • . Estimated energy savings, and incentives calculated from those savings, will be based on energy efficiency improvements beyond the minimum current Title 24 requirements, where applicable. • To be eligible for incentives under this Program, Design Team Leader agrees that they will not apply for or receive any other incentive offered by local or state entities or utilities for measures covered under this Agreement., LEADER AGREES TO: • Support the installation of the Proposed Design as described by the submitted documents. This includes obtaining and maintaining all licenses and permits required by Leader and other Design Team members to complete work on this Project. • Provide PG&E with all documentation necessary for verification of installation and performance of the Proposed Design prior to payment of incentives. • Provide, at PG&E's request, proof of insurance appropriate to provide coverage given the scope of the project. • Accept as final authority, PG&E's determination of the incentive amount. Furthermore, Leader understands that PG&E makes no representations and warranties as to proper installation, product endorsement, technical feasibility, operational capability, and/or reliability of equipment for which incentives. are paid. • Design Team Leader also agrees NOT to represent or warrant to any third party that PG&E's review of the energy efficiency measures (EEMs) or analysis of the energy efficiency of any aspect of the building project or design is in any way a representation by PG&E as to the economic or technical feasibility, operational capability, or reliability of such building design or EEMs, and agrees to indemnify PG&E in the event said representations and warranties are made to third parties. Leader further acknowledges that any incentive paid is funded through Public Goods Charges from California ratepayers and that said incentives are intended for the benefit of customers of California utilities. • Leader shall indemnify, defend and hold harmless PG&E, its affiliates, subsidiaries, parent company, officers, directors, agents and employees from and against all claims, losses, damages, costs, expenses and liability arising from 1) injury to persons or property, 2) death, 3) violation of any law or regulation (including those that establish strict liability); to the extent such injury, violation or strict liability is.caused by Design Team Leader's performance of this Agreement. Design Team Leader shall, at PG&E request, provide a defense against any claim covered by this indemnity. • In no instance shall PG&E be liable for any incidental, special, or consequential damage as a result of this Agreement. • Indemnify PG&E, its affiliates, subsidiaries, parent company, officers, directors, agents, and employees against all loss, damage, expense, and liability resulting from any monetary dispute among design team members that may arise regarding the payment of the incentive pursuant to this Agreement. • Participate in a measurement and evaluation study to analyze current program performance and/or improve future program design, if selected by PG&E. Leader agrees to fully cooperate with study team if asked to participate. Page 2 of 3 2004105 SBD DESIGN TEAM INCENTIVE AGREEMENT TAX LIABILITY: Incentives may be taxable and will be reported by PG&E to the IRS unless Design Team Leader qualifies under an exempt status. PG&E will report the incentive as income to Design Team Leader on IRS Form 1099 unless Design Team Leader has established that they qualify for an exempt tax status as indicated on this Agreement. Design Team Leader is urged to consult a tax advisor concerning the taxability of incentives. PG&E is not responsible for any taxes that may be imposed due to incentive payments. PG&E MAKES NO WARRANTY, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES REGARDING THE DESIGN, CONSTRUCTION, EQUIPMENT, OR INSTALLATIONS REFERRED TO HEREIN, OR THE BENEFITS TO BE DERIVED FROM THE INSTALLATION, OPERATION, AND USE OF SUCH EQUIPMENT OR DESIGN, OR ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR USE OR APPLICATION. NO AGENT, EMPLOYEE, OR REPRESENTATIVE OF PG&E HAS AUTHORITY TO BIND PG&E TO ANY AFFIRMATION, REPRESENTATION, OR WARRANTY UNLESS EXPRESSLY MADE AND AGREED TO IN WRITING BY PG&E. By execution of this Agreement, Leader certifies that the Proposed Design meets all the program eligibility requirements and that the information supplied on the Agreement is true and correct. Leader certifies that Leader has read and understands all Program Documents and agrees to abide by all program rules and requirements set forth in the Program Documents. To be valid, this Agreement must be signed by all parties prior to December 31, 2005. In witness whereof, the parties have executed this Agreement as of the date last set forth below. Peter Duxbury DESIGN TEAM LEADER (PRINT NAME FROM ABOVE) Principal Architect TITLE DATE PACIFIC GAS & ELECTRIC COMPANY SIGNATURE AUTHORIZED REPRESENTATIVE (PRINT NAME FROM ABOVE) Program Manager, Non -Residential New Construction TITLE DATE Page 2 of 3 2004105 SBD DESIGN TEAM INCEN77VE AGREEMENT