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Home My WebLink AboutPG&E (4)0 0 7-12- 4 ; 6:27AM ; PG&E SALES DEPT --i 630 9413160;# 1 To: Breene Kerr 61.5 7`h Ave. Santa Cruz, CA 95062 831,179.58'15 Fax: 650-941-3160 From. Michael Lesh Dom: 7/12/2004 Re: Savings By Design Tneentives- Pages. 4, Including Ibis cover leiter Los Altos Mills Town Hall • • • • For Review V For Your 0 Pleaso Recycle Records Breene, For your records. Your Savings By Design Incentive Funding is now committed. Thank youl Michael Legh Senior Project Manager Savings By Design «�TVTr,.sicc�ir:�lrr'ilq:si ,r.r`q;,rn Pacific Gas and Electric Company 675 7th. Avenue Santa Cruz, CA. 95062 Phone 837..479.,5815 Fax 831-479.5810 Cell 831.247,7086 a 0 0 0 0 0 0 0 0 0 0 0 0• 0 0 e•• 0 0■ 0 0 0® e . SENT BY: Town of Los Altos Hills OWNERNAME 26379 Fremont Rd. 7-12- 4 ; 6:27AM ; PG&E SALES DEPT-) 650 9413160;# 2 s A v I N e s i r 2004/05 SAVINGS BY )DESIGN OWNER AGREEMENT ADDRESS Brocne Kerr CONTACT NAME (650) 302-9376 (650) 941-3160 , PHONE NO. FAX NO, FEDERAL TAX ID OR SOCIAL SECURITY NUMBER AGREEMEN7NUMAER�• NCoo215 A Fur Fro •ram A[lminiclrpl%n71 Y19Aunl ' •• Los Altos Hills 94022 CITYISTATE ZIP CODE Councilmember, Chair - New Town hall Committee TITLE brcene@bkp.com E-MAIL TAX STATUS:.❑ ovt, Agency Corp.rp, ❑Non -Corp, ®Exempt EXEMPT REASON %�1'(lJL�Ctt I/101'/1,'llltlflll . Altos Hills Town HWI PRO)ECTNAMEILOCATION_. 26379 Fremont Rd_ ADDRESS 8,500 BUILDING TYPE COD18 GROS$ SQ, FT. ENERGY CALCULATION A48'MOD: ❑ Systems Approach ® Whole Building Approach Los Altos Hills, CA 94022 71TY/STATE .ZIP CODE 8,500 CONDITION8D SQ, FT. ATTACHED DOCUM'ENTA77ON: ® CaNCcalc Rnport ® W1IA Report [] Engineering Cnlcs 07/31./2005 S1C/NAICe EST. COMPLEUON DATE PROJECT TYPE: ® New Construction ❑ Rcnovation/Rcmodel Pi'vposed Desiv) L'r101.9 . "crt�ing E.�ti1i'zcrf�� - - I a 0700V.VV Page I of 3 2004105.5.4 TIINGS BY DES/(7N 0K`NLR AGRS_PAfEN1' SENT (Y: 7-12- 4 ; 6:27AM ; PG&E SALES DEPT- 650 94131604 3 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 resign 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 lie paid on a first-come, first-served basis to qualified applicants. Funds will only be reserved upon ?G&)r'S execution of this Agreement, This incentive offer is subject to the availability of authorized funds. This Agreement is valid for foray -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 systems) 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.comstruction or mnovation/remodeI located within PG&E's service territory. Owner must install the energy-efficient. equipment or systems) 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 effiicienttechnologics. 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 l) 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 perfbrmance 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, srecial, or consequential damages as a result of this Agreement, Page 2 of 3 2004/05 SAVINGS B)' D.=0N OWNER AUREEMENr SENT BY: 7-12- 4 ; 6.28AM ; PG&E SALES DEPT 630 94131604 4 Furthermore, Owner understands that PG&E makes no representations and warranties as to proper installation, product endorsement, technical feasibility, operational capability, and/or reliability or 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 utilities, are intended for the benefit of customers of California 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 ossignrncnt by PG&E, neither Party shall assign its right or delegate its duties without the prior written consent of the other Part), 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 incentiveis 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 dues not rovide Utility with p 100 percent of the related benefits specified in the application, for a period of five years from the receipt of tile incentive, or 2 the or example, if Owner's company stops using the equipment or no longer pays the Public Goods energy benefit to Utility ceases (f Charge (PGC), Owner will return to Utility the prorated portion of tile 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 tatus. PG&F will .IRS unless Owner qualifies under an exempt s report the incentive as income to Owner on IRS Form 1099 unless Owner has established that they qualify for ati exempt tax status as indicated on this Agreement. Owner is urged to consult a tax advisor concerting 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, WidETIdER STATU,yORY, EXPRRSS OR IMPLIED, INCLUDING, BUT NOT LIMITED 'I O ANY WARRANT112S REGARDING T iP DESIGN, CONSTRUCTION', HEREIN, OF THE BENEFITS TO BE DERIVED FROM TFM INSTALLEQUIPMENT, OR INSTALLATIONS REFERRED TO ATION, OPERATION, AND USE OF SUCH 13QUWMENT, OR ANY WARRANTY' OF MERCHA,N'TA.BILITY OR FITNESS FOIL ANY PARTICULAR USE OR APPLICATION. NO AGENT, EMPLOYEE, OR REPRESENTATIVE OF PG&E ILa,S AUTITORI'I Y TO BSD 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, '1'o be validthis 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 IiILILS SIGNA Breene Kerr OWNER'S REPRIasENTATIVE Chair - New Town Hall Committee �o `ftp TITLE DA TB Page 3 of 3 PACIFICGASA D ELECTRIC COMPANY SIGNATI.IRL PCI&L: RBPRESBNTATIVE Program Me'nager, Non -Residential New constructiun TITLE DATE 2004!05 SAVINC%S BY DESIGN OWNER AGItB'TsMENT