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HomeMy WebLinkAboutSan Diego Gas and Electric Company; 2021-08-24;DocuSign Envelope ID: D9A5CCE4-CE4E-45D7-9424-FC362D48AA69 I Attachment A 2021 Savings By Design Owner Agreement: Systems Approach ----------------------------------------------~ ---------- CUSTOMER CONTACT INFORMATION City of Carlsbad SDG&E Customer Name 1635 Faraday Ave Mailing Address Steven Stewart Customer Contact Name 760-602-7542 Contact Telephone Number PAYEE INFORMATION Carlsbad City Contact Fax Number CA State Municipal Projects Manager Title 92008 Zip steven.stewart@carlsbadca.gov Email Tax Identification Type (select ONLY one) ■ Federal Tax ID Employer ID Number (EIN) Social Security Number Tax Identification Number: Tax Status (select ONLYone) Corporation Non-Corporation Individual ■ Exempt 95-6004793 City of Carlsbad (760) 602-7543 Payee Telephone Number Fax Number 1635 Faraday Ave Carlsbad CA 92008 City State Zip Mailing Address Paz Gomez Deputy City Manager, PW paz.gomez@carlsbadca.gov Contact Name PROJECT INFORMATION 11026888 Enrollment Number Carlsbad Safety Center Renovation Project Name 2560 Orion Way Project Site Address Steven Stewart Contact Name 760-602-7572 Contact Telephone Number ENERGY CALCULATION METHOD Iii Systems Approach Title Contact Fax Number Attached Documentation: Iii SimCalc Ii] Engineering Cales PROPOSED DESIGN AND INCENTIVE ESTIMATE Description kW Systems Incentive Dayllghting Systems Interior lighting Systems 9.4 HVAC Systems 5.8 Other Systems Processes 0.0 10% End Use Monitoring Incentive TOTALS: 15.20 J~~ SL26L2021 Signature Date Email 11/11/2021 Estimated Completion Date Carlsbad/CA 92010 City/State Zip Code Municipal Projects Manager Title steven.stewart@carlsbadca.gov Email PROJECTTYPE: □ Newconstruction Ii] Renovation/Remodel kWh Therms $Amount .. 28,176 .00 0.00 $3,661.00 4,812.00 0.00 $1,595.00 0.0 153.00 $153.00 32,988.00 153.00 Estimated Incentive : $5409.00 "SDG&E'.'1 refers to San Dlego Gas and E.lectric Company, a subsidiary of Sempra Energy Corporation.© 2020San Diego Gas and Electric Company. All rights reserved. These offerir\gs are funded by California utility customers and administered by SDG&E under the auspices of the California Public Utilities Commission. January 2021 SOA-2020-0011 of 3 DocuSign Envelope ID: D9A5CCE4-CE4E-45D7-9424-FC362D48AA69 I Attachment A 2021 Savings By Design Owner Agreement: Systems Approach TERMS AND CONDITIONS This Agreement is entered into by San Diego Gas & Electric (hereafter referred to as "SDG&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) 2020 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 SDG&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 SDG&E executes this Agreement. SDG&E will deliver an executed copy of this Agreement to the Owner after acceptance and execution by SDG&E. INCENTIVE This incentive offer is an estimate and is subject to the availability of authorized funds. SDG&E reserves the right to modify or cancel the incentive offer if the actual system(s) installed differs from the proposed installation. Additionally, self-generation systems (such as photovoltaics, fuel cells, micro turbines, and cogeneration systems) are not eligible for incentives. This project may be subject to a significant reduction in incentives, up to and including zero incentives paid if it is discovered at the time of inspection that a self-generation system or device has been installed at the project site to reduce the quantity of electricity purchased from SDG&E. Furthermore, the energy purchased for the project site must be purchased from SDG&E under a tariff that collects Public Purpose Programs funds. lnltlalto SDG&E reserves the right to modify or discontinue this Program without prior notice at its discretion, or by order of the CPUC. Payment of authorized incentives shall be made to the Owner only after all program requirements are met and upon verification of installation by an SDG&E Savings By Design Program Representative. ELIGIBILITY acknowledge I '°A I • To be eligible for incentives under this Program, Owner's project must be nonresidential new construction or renovation/ remodel located within SDG&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 24requirements, 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 SDG&E with Title 24 compliance documentation plus any other documentation needed to establish the performance of systems selected. Owner agrees to provide SDG&E with all documentation necessary for verification of installation and performance of energy efficient systems qualifying for incentives. • Provide manufacturer's specification sheets to SDG&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 75 percent of the incremental costs associated with the purchase/installation of the energy efficient technologies. • Accept as final authority, SDG&E's determination of the incentive amount. • Allow SDG&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. 11SDG&1.:» refers to San Diego Gas .and £\@ctric Company, a subsidiary of Sempra Energy Corporation.© 20Z0San Diego Gas and Electric Company. All rights reserved. These offerings are funded byCalifornfa utility customers and administered by SDG&E under the auspices of the California Public Utilities Commission. January 2020 SOA~20Z0-001 2 of 3 DocuSign Envelope ID: D9A5CCE4-CE4E-45D7-9424-FC362D48AA69 I Attachment A 2021 Savings By Design Owner Agreement: Systems Approach OWNER AGREES TO (CONTINUED): • Participate in measurement and evaluation studies, 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 SDG&E, its affiliates, subsidiaries, parent company, officers, directors, agents, and employees from and against all claims, losses, damages, costs, expenses, and liability arising from or connected with Owner's participation in the Program. Owner shall, at SDG&E's request, provide a defense against any claim covered by this indemnity. • In no instance shall SDG&E be liable for any incidental, special, or consequential damages as a result of this Agreement. • Owner understands that SDG&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 SDG&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 SDG&E's assignment, in its discretion, all of SDG&E's rights, duties, and obligations under this Agreement ("Duties") to the CPUC or its designee. Such assignment shall relieve SDG&E of all duties arising under this Agreement. Other than such assignment by SDG&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, Owner may be required to provide additional information if requested by SDG&E. • Owner agrees that SDG&E will receive the energy benefit for which the Owner incentive is paid, for a period of not less than five (5) years or the rated life of the equipment if that is less than five (5) 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 SDG&E ceases (for example, if Owner stops using the equipment or no longer pays the Public Goods Charge (PGC),) Owner will return to SDG&E the prorated portion of the Owner Incentive dollars based on the actual period oftime for which Owner failed to provide the energy benefit. TAX LIABILITY • Incentives may be taxable and will be reported by SDG&E to the IRS unless Owner qualifies under an exempt status. SDG&E will report the incentive as income to Owner on IRS Form 1099 unless Owner has established that it qualifies for an exempt tax status as indicated on this Agreement. Owner is urged to consult a tax advisor concerning the taxability of incentives. SDG&E is not responsible for any taxes that may be imposed due to incentive payments. • SDG&E MAKES NO WARRANTY, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOTLIMITEDTO,ANYWARRANTIES REGARDING THE DESIGN, CONSTRUCTION, EQUIPMENT, OR INSTALLATION OF ANY PROJECTOR PARTS 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 SDG&E HAS AUTHORITY TO Bl ND SDG&E TO ANY AFFIRMATION, REPRESENTATION, OR WARRANTY UN LESS EXPRESSLY MADE AND AGREED TO IN WRITING BYSDG&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 August 31,2021. In witness whereof, the parties have executed this Agreement as of the date last set forth below. Signature ~WP s Paz Gomez Elaine Allyn Owner's Representative {Print Name From Above) SDG&E Representative (Print Name From Above) Deputy City Manager, PW 7/30/2021 Engy Efficncy/Non-Res Prg Mgr Title Date Title Date "SDG&E" refers to San Diego Gas and Electric Company, a subsidiary of Sempra Energy Corporation. Cl 2020 San Diego Gas and Electric Company. All rights reserved. These offerings are funded by California utility customers and administered by SDG&E under the auspices of the C31ifornla Public UtilitJes Commission.