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HomeMy WebLinkAboutContracts & Agreements_138-2003_CCv0001.pdf S A V I N 6 5 a y 2003 SAVINGS BY DESIGN OWNER AGREEMENT F.•7'roR.nnr A,7m,nr r,in.•,i+,r ru,fv City of Redlands AGI} REEENT N 7MF;ER 2440L? OWNER NAME _ t 35 Cajon St., Suite 15A Redlands,CA 92373 ADDRESS CITY/STATE ZIP CODE Greg Gage Utilies Project Manager CONTACTNAME TITLE 909-798-7698 909-798-7670 ggage@cityofredlands.org PHONE NO, FAXNO. E-MAIL 95-6000766 TAX STATUS: FEDERAL TAX 1D OR SOCIAL SECURITY NUMBER ❑ Corp. [I Non-Corp, ® Exempt Government EXEMPT REASON Project Information Henry Tate Water Treatment Plant PROJECT NAME/LOCATION 3050 Mill Creek Rd. Mentone,CA 92539 ADDRESS CITY/STATE ZIP CODE 007 0 0 4941 Jun 30, 2004 BUILDING TYPE CODE GROSS SQ.FT. CONDITIONED SQ.FT. FACILITY SIC EST.COMPLETION DATE ENERGY CALCULATION METHOD: ATTACHED DOCUMENTATION: PROJECT TYPE: ® Systems Approach ❑ CaNCcalc Report ® New Construction ❑ Whole Building.Approach ❑ WBA Report ❑ Renm anon/Remodel ® Engineering Calcs Proposed Design Energv Savings Estimate CODE DESCRIPTION kw kWh Thorns 4vstems Incentive �I71 E]a�lr�lx[nt'Systcmc -'[[� Ir[tcnnr I.r�hurs�.ti�acm� _'fit 11VAC S�.rern. gilt, Su perrnarkei Relrr!•cr:rluvr 5�s[c rns 2(17 Rrrvic'e#Iri Waier 1?77'11.7 171 Sifr7 WHitt Hitikiin * Incentive r)%:•r.rf[ liuIlk lrnr I'rrl.'[:uAnr•c• illhce titi.!_ns. 7rrl t1..ti X Es=in�ated Project Incentive: SCE Reviewer/Aut Sign.iture Date $ 216 Pax,I F 2003 S?a L7NGS BP DESIGN OWNER AGREEMENT TERMS AND CONDITIONS: This Agreement is entered into by Southern California Edison (hereafter referred to as "Utility") 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) 2003 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 Utility'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 Utility executes this Agreement. Utility will deliver an executed copy of this Agreement to the Owner after acceptance and execution by Utility. Utility reserves the right to modify or cancel the incentive offer if the actual systern(s)installed differs from the proposed installation. Utility reserves the right to modify or discontinue this Program without prior notice at its discretion, or by order of the California Public Utilities Commission ("CPUC"). Payment of the incentives shall be made to the Owner only after all program requirements are met and upon verification of installation by a Savings By Design Program Representative. ELGIBILITY: •To be eligible for incentives under this Program, Owner's project must be nonresidential new construction or renovation/remodel located within Utility's service territory. •Owner must install the energy-efficient equipment or system(s) specified in the "Proposed Design Energy Savings Estimate" section of this agreement(the "Proposed Design") which at minimum exceeds Title 24 standards or agenerally-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 Utility with Title 24 compliance documentation plus any other documentation needed to establish the performance of systems selected. Owner agrees to provide Utility with all documentation necessary for verification of installation and performance of energy efficient systems qualifying for incentives. .Provide manufacturer's specification sheets to Utility prior to the payment of the incentive. AIso, upon request, Owner agrees to submit vendor and/or contractor invoice(s) to verify that incentive payments will not exceed 550 percent of the incremental costs associated with the purchase/installation of the energy efficient technologies. •Accept as final authority, Utility's determination of the incentive amount. •Allow Utility and 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 desi-ns. Owner a(Trees to fully cooperate with the study team if asked to participate. .Owner shall indemnify,defend, and hold harmless Utility, 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 lav 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 Utility be liable for any incidental, special, or consequential damages as a result of this Agreement. page 2003 SA ZINGS BYDESIGN OWNER AGRI EMENIT .Furthermore, Owner understands that Utility 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 Utility 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 Utility's assignment of all Utility rights, duties, and obligations under this Agreement ("Duties") to the CPUC or its designee. Such asci-nment shall relieve Utility of all Duties arising under this Agreement. Other than such assignment by Utility, 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 Utility. .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 Utility to the IRS unless Owner qualifies under an exempt status. Utility 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. Utility is not responsible for any taxes that may be imposed due to incentive payments. SCE 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 SCE HAS AUTHORITY TO BIND SCE TO ANY AFFIRMATION, REPRESENTATION, OR WARRANTY UNLESS EXPRESSLY MADE AND AGREED TO IN WRITING BY SCE. 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, 2003. In witness whereof, the parties have executed this Agreement as of the date last set forth below. CITE'OF REDLANDS SOUTHERN CALIFORNIA EDISON COMPAQ" SIGNATURE IGNA `RE Karl N. Haws Janith Johnson OWNER'S REPRESENTATIVE CE REP ESENTATIVE Mayor July 1 2003 1 a ger-NCS TITLE DATE TITLE DATE Attest; Lu e Lo ie Poyz�yoity Clerk pag .i 2003 S.IVINGS BY DESIGN OWNER AGPETWEN1" S A`V` 1 N 6 5 B Y 2003 SAVINGS BY DESIGN OWNER AGREEMENT 7AGREEMENT dCity ofRedlands NUMBER OWNER NAME 35 Cajon St.,Suite 15.4 Redlands, CA 92373 ADDRESS CITY/STATE ZIP CODE Greg Gage Utilies Project Manager CONTACT NAME TITLE 909-798-7698 909-795-7670 ggage@cityofredlands.org PHONE NO. FAX NO, E-MAIL 95-6000766 TAX STATUS: FEDERAL TAX ID OR SOCIAL SECURITY NUMBER El Corp. F1 Non-Corp, ® Exempt Government EXEMPT REASON Prqject Information North Orange Street Wells PROJECT NAME/LOCATION NE Corner of Orange St. and Dishong Rd. Redlands,CA 92373 ADDRESS CITY/STATE ZIP CODE 007 0 0 4941 Feb 27,2004 BUILDING TYPE CODE GROSS SQ.FT. CONDITIONED SQ.FT. FACILITY SIC EST.COMPLETION DATE ENERGY CALCULATION METHOD: ATTACHED DOCUMENTATION: PROJECT TYPE: ® Systems Approach ❑ CaNCcalc Report ® Nein Construction ❑ Whole Building Approach ❑ WBA Report ❑ Renovation/Remodel ® Engineering Calcs Proposed ► Estintate CODE DESCRIP'PION kW kWh Thenns Svstems Incentive -?I11 Dj%h,•ntEnv S%�IcEEic rl1 InwrnnE I.E!'llEEt'.1•tiv•EruEs 111•AU ti�.Emus '[If• tiEiE+rrEE}.erhf'i 1�CI►i S!'r:::krt1 SYKEL'li}} •i!•! r)IIErl S 'Iv EI• S c5 22,135 N%'1101t1 Building, Incentive .�� r,..E:�ll liEi lair E. �,,.,,,,•:::;:E,� !tEI-II+' E�umaied Project Incentive: SCE Reviewer/ t ri .d Signa:=_.re Date $ 683 Pope 1 2003 SA PINGS BYDESIGN(bMWER AGREEMENT TERMS AtiP CONDITIONS: This Agreement is entered into by Southern California Edison (hereafter referred to as "Utility") 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 ("Pro 1. 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) 2003 Savings By Design Participant(landbook, 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 Utility'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 Utility executes this Agreement. Utility will deliver an executed copy of this Agreement to the Owner after acceptance and execution by Utility. Utility reserves the right to modify or cancel the.incentive offer if the actual system(s) installed differs from the proposed installation. Utility reserves the right to modify or discontinue this Program without prior notice at its discretion, or by order of the California Public Utilities Commission ("CPUC"). Payment of the incentives shall be made to the Owner only after all program requirements are met and upon verification of installation by a Savings By Design Program Representative. ELGIBILITY: •To be eligible for incentives under this Program, Owner's project must be nonresidential new construction or renovation/remodel located within Utility's service territory. •Owner must install the energy-efficient equipment or system(s) specified in the "Proposed Design Energy Savings 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 Utility with Title 24 compliance documentation plus any other documentation needed to establish the performance of systems selected. Owner agrees to provide Utility with all documentation necessary for verification of installation and performance of energy efficient systems qualifying for incentives. •Provide manufacturer's specification sheets to Utility 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, Utility's determination of the incentive amount. •Allow Utility and 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 Utility, 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 Utility be liable for any incidental, special, or consequential damages as a result of this Agreement. Pur;',2 2003 SAVINGS BY DES(G:V OWNER AGR EEW AT Furthermore, Owner understands that Utility 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 par-ties and agrees to indemnify Utility 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 Utility's assignment of all Utility rights, duties, and obligations under this Agreement ("Duties") to the CPUC or its designee. Such assignment shall relieve Utility of all Duties arising under this Agreement. Other than such assignment by Utility, 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 Utility. 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 Utility to the IRS unless Owner qualifies under an exempt status. Utility 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. Utility is not responsible for any taxes that may be imposed due to incentive payments. SCE 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 SCE HAS AUTHORITY TO BIND SCE TO ANY AFFIRMATION,REPRESENTATION, OR WARRANTY UNLESS EXPRESSLY MADE AND AGREED TO IN WRITING BY SCE. 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, 2003. In witness whereof, the parties have executed this Agreement as of the date last set forth below. CITY OF REDLANDS SOUTHERN'CALIFORNIA EDISON COMPANY SIGNATURE G R Karl 1,4. Haws �Janith E Johnson OWNER'S REPRESENTATIVE '-- ERE ESENTATIVE Mayor July 1, 2003 Manager-NCS TITLE DATE TITLE DATE Attest: Loale Po eF y Clerk Pag,3 2003 SA VINGS RYDESJIGN oWNER AGREEMENT