HomeMy WebLinkAboutDuxbury Architects/Savings by Design/PG&E (3)LOS ALTOS HILLS
June 16, 2004
Michael Lesh, Senior Project Manager
Savings by Design
Pacific Gas and Electric Company
615 7th Street
Santa Cruz, California 95062
Dear Mr. Lesh:
Enclosed are two signed Savings by Design 2004/2005 Design Owner Agreements.
Please return a fully executed document for our records.
Thank you for your assistance.
Sincerely,
Karen Jos
City Clerk
cc: Councilmember Breene Kerr
City Manager Maureen Cassingham
Administrative Services Director Sarah Joiner
26379 Fremont Road
Los Altos Hills
California 94022
650/941-7222
Fax 650/941-3160
Sarah Joiner
From: Breene Kerr [breene@bkp.com]
Sent: Thursday, June 10, 2004 7:53 PM
To: sjoiner@losaltoshills.ca.gov
Subject: Fwd: FW: Los Altos Hills Town Hall 2004 SBD Owner Agreement
S r]
Michael Lesh NC0026349.pdf
(E-ma11)1.vcf
Sara, this should go in the green energy file,: Could you
remind me on
Monday and we can get this sent in? Thanks
>Subject: FW: Los Altos Hills Town Hall 2004 SBD Owner Agreement
>Date: Thu, 10 Jun 2004 10:41:24 -0700
>X -MS -Has -Attach: yes
>X-MS-TNEF-Correlator:
>Thread -Topic: Los Altos Hills Town Hall 2004 SBD Owner Agreement
>Thread -Index: AcRPDggNH1IhERIpTR6vf2HNhL10xAAAyhQw
>From: "Lesh, Michael" <MGL2@pge.com>
>To: <breene@bkp.com>
>X-OriginalArrivalTime: 10 Jun 2004 17:42:01.0717 (UTC)
>FILETIME=[3C8E2250:01C44F12]
>Hi, Breene! Would you please sign/date and mail to me the wet -signature
>hardcopy of the attached Savings By Design Owner Agreement? We will then
>lock in your incentive funding for your project!
>Thanks!
>Michael Lesh
>Senior Project Manager
>Savings By Design Incentives
><http://www.savingsbydesign.com/>http://www.savingsbydesign.com/
>Pacific Gas and Electric Company
>615 7th. Avenue
>Santa Cruz, CA 95062
> P 831.479.5815
>F 831.479.5810
>C 831.247.7086
><<Michael Lesh (E-mail).vcf>>
>From: Akamine, David
>Sent: Thursday, June 10, 2004 10:16 AM
>To: Lesh, Michael
>Subject: Los Altos Hills Town Hall 2004 SBD Owner Agreement
>Dear Michael,
>Attached is the 2004 Savings By Design Owner Agreement for the following
>project:
1
Sarah Joiner
From: Breene Kerr [breene@bkp.com]
Sent: Wednesday, June 16, 2004 9:05 AM
To: sjoiner@losaltoshills.ca.gov
Subject: Fwd: FW: Los Altos Hills Town Hall 2004 SBD Owner Agreement
EZ•
Michael Lesh NC0026349.pdf
(E-mail)i.vcf
Sara, can you work with me to get these documents to PG&E
and into your
files. Thanks
>Subject: FW: Los Altos Hills Town Hall 2004 SBD Owner Agreement
>Date: Thu, 10 Jun 2004 10:41:24 -0700
>X -MS -Has -Attach: yes
>X-MS-TNEF-Correlator:
>Thread -Topic: Los Altos Hills Town Hall 2004 SBD Owner Agreement
>Thread -Index: AcRPDggNHlIhERIpTR6vf2HNhL10xAAAyhQw
>From: "Lesh, Michael" <MGL2@pge.com>
>To: <breene@bkp.com>
>X-OriginalArrivalTime: 10 Jun 2004 17:42:01.0717 (UTC)
>FILETIME=(3C8E2250:01C44F12]
>Hi, Breene! Would you please sign/date and mail to me the wet -signature
>hardcopy of the attached Savings By Design Owner Agreement? We will then
>lock in your incentive funding for your project!
>Thanks!
>Michael Lesh
>Senior Project Manager
>Savings By Design Incentives
><http://www.savingsbydesign.com/>http://www.savingsbydesign.com/
>Pacific Gas and Electric Company
>615 7th. Avenue
>Santa Cruz, CA 95062
> P 831.479.5815
>F 831.479.5810
>C 831.247.7086
><<Michael Lesh (E-mail).vcf>>
>From: Akamine, David
>Sent: Thursday, June 10, 2004 10:16 AM
>To: Lesh, Michael
>Subject: Los Altos Hills Town Hall 2004 SBD Owner Agreement
>Dear Michael,
>Attached is the 2004 Savings By Design Owner Agreement for the following
>project:
Town of Los Altos Hills
OWNER NAME
26379 Fremont Rd.
ADDRESS
Breene Kerr
S A V I N G S B Y s`r
2004/05 SAVINGS BY DESIGN OWNER AGREEMENT
Owner Lr formation
AGREEMENT NUMBER NCO026349
For Pro ram Adminislralfon use onl
Los Altos Hills 94022
CITY/STATE ZIP CODE
Councilmember, Chair - New Town Hall Committee
CONTACT NAME TITLE
(650) 302-9376 (650) 941-3160 breene@bkp.com
PHONE NO. FAX NO. E-MAIL
`7 `t to b 2 75-2- Govt. Agency
FEDERAL TAX ID OR SOCIAL SECURITY NUMBER TAX STATUS:.❑Corp. ❑Non -Corp. ®Exempt EXEMPT REASON
Los Altos Hills Town Hall
PROJECT NAME/LOCATION
26379 Fremont Rd.
ADDRESS
PrO jeCt Irr formation
Los Altos Hills, CA 94022
CITY/STATE ZIP CODE
8,500 8,500
BUILDING TYPE CODE GROSS SQ. FT. CONDITIONED SQ. FT. SIC/NAICs
ENERGY CALCULATION METHOD:
❑ Systems Approach
® Whole Building Approach
ATTACHED DOCUMENTATION:
❑ CaNCcalc Report
® WBA Report
❑ Engineering Cales
07/31/2005
EST. COMPLETION DATE
PROJECT TYPE:
® New Construction
❑ Renovation/Remodel
Proposed Design Energy Savings Estimate `
at W}, k AND�.h, �✓ckZ"
erns ,..Smocnt r.
Systems Incentive
201
Daylighting Systems
203
Interior Lighting Systems
204
HVAC Systems
206
Supermarket Refrigeration Systems
207
Service Hot Water Svstems
208
Exterior Lighting Systems
209
Other Systems
TOTALS
Whole Building
102
Overall Building Performance
22.8 33,724
220 5,866
209
Other Systems / Processes
TOTALS
22.8 33,724
220 5,866
X
PG&E Reviewer/Authorized Signature
Estimated Incentive:
Date $ 5,866.00
Page 1 of 3 2004/05 SAVINGS BY DESIGN OWNER AGREEMENT
TERMS AND CONDITIONS:
This Agreement is entered into by Pacific Gas and Electric Company (hereafter referred to as "PG&E") and the Owner (as indicated
herein). This Agreement is a one-time offer to provide design assistance and a financial incentive to the Owner 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
the 1) Savings By Design brochure, and the 2) 2004/05 Savings By Design Participant Handbook, which have been provided to the
Owner. 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 Owner 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 Owner only after all program requirements are met and upon verification of installation by an PG&E Savings By Design
Program Representative.
ELIGIBILITY:
To be eligible for incentives under this Program, Owner's project must be nonresidential new construction or renovation/remodel
located within PG&E's service territory.
Owner must install the energy-efficient equipment or system(s) specified in the "Proposed Design and Incentive Estimate" section
of this agreement (the "Proposed Design") which at minimum exceeds Title 24 standards or a generally -accepted industry standard
for energy efficiency.
Installation of any energy-efficient equipment required for compliance with Title 24 will not qualify for incentives under this
Program.
Energy savings, and incentives based on those savings, will be based on energy efficiency improvements beyond the minimum,
currently in effect, Title 24 requirements, where applicable.
Specific restrictions apply to each energy efficiency system, as outlined in the Program Documents.
To be eligible for incentives under this Program, Owner agrees that they will not apply for or receive incentives offered by local or
state entities or other utilities for measures covered under this Agreement.
OWNER AGREES TO:
Install and operate the Proposed Design in accordance with applicable laws, safety standards, and existing governmental regulations
or orders.
Provide PG&E with Title 24 compliance documentation plus any other documentation needed to establish the performance of
systems selected. Owner agrees to provide PG&E with all documentation necessary for verification of installation and performance
of energy efficient systems qualifying for incentives.
Provide manufacturer's specification sheets to PG&E prior to the payment of the incentive. Also, upon request, Owner agrees to
submit vendor and/or contractor invoice(s) to verify that incentive payments will not exceed 50 percent of the incremental costs
associated with the purchase/installation of the energy efficient technologies.
Accept as final authority, PG&E's determination of the incentive amount.
Allow PG&E and California Public Utilities Commission ("CPUC") representatives reasonable access to Owner's project site to
inspect and verify installation and operation. Owner understands that said inspection and verification is not an electrical safety
inspection.
Participate in measurement and evaluation study, if selected. These studies are used to analyze current program performance and
improve future program designs. Owner agrees to fully cooperate with the study team if asked to participate.
Owner 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); so long as such injury, violation, or
strict liability is caused by or in any way connected with Owner's performance of this Agreement. Owner shall, at Utility 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 damages as a result of this Agreement.
Page 2 of 3 2004/05 SAVINGS BY DESIGN 0WNER AGREEMENT
Furthermore, Owner 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. Owner
agrees not to make any such representations and warranties to third parties and agrees to indemnify PG&E, in the event said
representation and warranties are made to third parties. Owner 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.
Owner consents to PG&E's assignment of all Utility rights, duties, and obligations under this Agreement ("Duties") to the CPUC or
its designee. Such assignment shall relieve PG&E of all Duties arising under this Agreement. Other than such assignment by PG&E,
neither Party shall assign its right or delegate its duties without the prior written consent of the other Party, except in connection
with the sale or merger of a substantial portion of its properties. Consent to assignment shall not be unreasonably withheld. If an
assignment is requested, the Owner may be required to provide additional information if requested by PG&E.
Owner agrees that Utility will receive the energy benefit for which the Owner incentive is paid, for a period of not less than five
years or the rated life of the equipment if that is less than five years. Owner agrees that if 1) Owner does not provide Utility with
100 percent of the related benefits specified in the application, for a period of five years from the receipt of the incentive, or 2) the
energy benefit to Utility ceases (for example, if Owner's company stops using the equipment or no longer pays the Public Goods
Charge (PGC), Owner will return to Utility the prorated portion of the Owner Incentive dollars based on the actual period of time
for which Owner provided the energy benefit.
TAX LIABILITY:
Incentives may be taxable and will be reported by PG&E to the IRS unless Owner qualifies under an exempt status. PG&E will
report the incentive as income to Owner on IRS Form 1099 unless Owner has established that they qualify for an exempt tax status as
indicated on this Agreement. Owner 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 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, Owner certifies that Owner meets all the program eligibility requirements and that the information
supplied on this Agreement is true and correct. Owner certifies that Owner has read and understands the Program Documents and
agrees to abide by 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.
TOWN F LOS ALTOS HILLS PACIFIC GAS AND ELECTRIC COMPANY
SIGNAT& SIGNATURE
Breene Kerr
OWNER'S REPRESENTATIVE
Chair - New Town Hall Committee
TITLE DATE
PG&E REPRESENTATIVE
Program Manager, Non -Residential New
Construction
TITLE
DATE
Page 3 of 3 2004105 SAVINGS BY DESIGN OWNER AGREEMENT