Proposal - SCE - 2009-03-16 S A V I N G S - '0F BY - ,p
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2009 Bridge Funding Period SAVINGS BI DESIGN WBA OWNER AGREEMENT
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Costa Mesa Sanitary (CMSD) Fu R itJ
ry District ( ) AGREEMENT NUMBER
–
OWNER NAME
628 W 19`" Street Costa Mesa, California 92627
ADDRESS CITY/STATE ZIP CODE
Thomas A. Fauth Assistant Manager
CONTACT NAME TITLE
(949) 645-8400, (949) 650-2253 TFauth@cmsdca.gov
PHONE NO. FAX NO E MAIL
nc-AnnR939 TAX ST 1iU5 ❑ ity
FEDERAL TAX ID OR SOCIAL SECURITY NUMBER Corp R N. -Corp ® Exempt EXEMPT REASON
Thomas A. Fauth Asst Manager Costa Mesa Sanitary District (CMSD)
REPRESENTATIVE NAME TITLE COMPANY
628 W 19th Street Costa Mesa, California 92627
ADDRESS CITY/STATE ZIP CODE
(949) 645-8400, (949) 650-2253 TFauth@cmsdca.gov
PHONE NO. FAX NO E MAIL
•r. :-,c h, l:a." =L r r sA"..o Pro'ect In'ormattwt _' ',.`sN K„ (r :%2k'4t o a 'ti 4 ,K ,K"`.'.
CMSD District Yard Building
PROJECT NAMELOCATION
174 W. Wilson Street Costa Mesa, California 92627
ADDRESS CITY STATE ZIP CODE
019 5166 2300 4959 6-1 2009
BUILDING TYPE CODE GROSS SQ.FT CONDITIONED SQ.FT FACILITY SIC EST COMPLETION DATE
A IFACIIED DOC UMENTATION. PROJECT TYPE E. ed Title 4B%
®A'BA Report IS Ne Co >auen 29.2 Peree
❑En Cal. ❑Re in Remodel
= ,V r ,` 4,,gt ' ? i'''Prosadi Desi.n tWe'r j?Sadiit s'tEsluaate' or.. ,. °"`telf77;i
CODE DESCRIPTION kW kW S kV h kWh S Therms Therm 5 Lhs CO.
Whole Bld'g Incentive n glib.kWh
102 Orenll Building Performance 3.5 $350 8,644 $2,524 28 $28
209 Wier System.
nn 7'07:ILS 3.5 I $350 8,644 $2,524 28 628
x dam( 3116 i0 5
SCE Review ' uthorized Sim are '' d It. iv
-)(_ - — / _�/ -__ _ _�p/[/ L _ Estimated Project Incenti.e.
SCE ti ne'6r ' �Si.at - Dat,LLG S 2,902
1009 REP MBA OA 1 'r Pug_ I of3 `rl0'r BIT S II'/\GS BY 1JESIG\ Oil'\ER:IGREEt/E17
TERMS AND CONDITIONS.
This Agreement is entered into In Southern California Edison (hereafter referred to as 'Utilin ') and the Owner(as indicated herein).
This Agreement is a one-time offer to provide design assistance and a financial vicenti\e to the Owner for participation in the Savings
B\ Design Program("Program') pursuant to the terms and conditions outlined herein and in the Saving. By Design Program
Documents("Program Documents'). The Program Documents are incorporated into this Agreement by reference and include the I)
Savings By Design brochure.and the 2)2006-03 Savings By Design Participant Handbook. which has e been pro\ided to the Owner
Fundin_ 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 hinds
This Agreement is valid for forty-eight(43)months from the date Utility executes this Agreement. Utility w ill deliver an executed copy
of this Agreement to the Owner after acceptance and execution b■ Utility Utilit\ reserves the right to modify or cancel the incentive
offer if the actual system( ) installed differs from the proposed installation. Utility resents the right to modify or discontinue this
Program without prior notice at its discretion. or b\ order of the California Public Utilities Commission(-CPUC-). Payment of the
incentives shall be madc to the Owner only after all program requirements arc met and upon verification of installation by a Sa\ings
By Design Prc gram Representative
ELIGIBILIT]
To be eligible for incentives under this Program. Owner project must bc nonresidential new construction or reno\atnon/remodel
located within SCE' service territory
Owner must install the energy-efficient equipment or system( )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 an\ energy-efficient equipment required for compliance with Title 24 will not qualify for incentives under this
Program.
Energy saving and incentives based on those savors 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 Utilit\ 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 neces an for verification of installation and performance
of energy efficient systems qualifying for incentives
Provide manufacturer specification sheets to Utility prior to the payment of the incentive. Also.upon request.Owner agrees to
submit vendor aid or contractor invoice(s) to verify that incentive payments w ill not exceed S0 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 representatises reasonable access to Owner 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 es aluation study if selected. These studies arc used to analyze current program performance and
improve future program designs Owner agrees to fully cooperate with the studs team if asked to participate
Owner shall mdemnih defend. and hold harndes Unlit\ its affiliates subsidiaries parent company officers. directors agents and
employees from and against all claims lo ses damages costs expenses and habilit\ arising from I) injury to persons or property 1)
death. ;)\iolation of any law or regulation(including those that establish strict liability): so long as such injury violation.or strict
liability is caused bs or in any way connected with Owner performance of this Agreement. Owner shall, at Utility request. pro\ide a
defense against any claim covered b\ this indemnin
In no instance shall Utilit bc liable for an\ incidental. special. it consequential damages as a result of this Agreement
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Furthermore. Owner understands that Utility makes no rms. entation. and warranties as to proper installation. product endoisement.
technical feasibility operational capability and/or reliability If equipment for which incentives are paid. Owner a'_ree. not to make
an such representations and warranties to third parties and agrees to indemnify Utilit in the event said representation and
warranties are made to third parties Owner further acknowledges that any incenti\e paid is funded through Public Goods Charges
from California ratepayers and that aid incentives are intended for the benefit if customers of California utilities
Owner consents to Utility s assignment of all Utility rights duties. and obli:ations under this Agreement("Duties') to the CPUC or
its designee. Such assignment shall relieve Utility of all Dunes arismt 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 Utilit
Owner agrees that Utility will receive the energy benefit for which the Owner incentive is paid. for a period of not le. than five year,
or the rated life of the equipment if that is lyss than five year Owner agrees that if I)Owner does not provide Utility with IOU
percent of the related benefits specified in the application. for a period of five Years from Mt. receipt of the incentive.of 2) the enemy
benefit to Utility ceases (for example if Owner 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 enemy benefit.
TAX LIAI3ILI'l1
Incentives may be taxable and will be reported by Utilit to the IRS unles Owner qualities under an exempt status Utility will report
the incentive as income to Owner on IRS Form 1099 miles Owner has established that they qualify for an exempt tax status as
indicated on this Agreement. Owner is urged to consult a tax advisor concemmg the taxability of incentives. Utility is not responsible
for any taxes that may be imposed due to incentive payments
SCE MAKES NO WARRANTY WHETHER ST ATUTOR\ EXPRESS OR IMPLIED INCLUDING. BUT NOT LIMITED TO
ANY W ARRANTIES 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 WARRANT\ OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR USE OR
APPLICATION. NO AGENT EMPLOYEE. OR REPRESENTATIVE OF SCE HAS AUTHORIT\ TO BIND SCE TO AN\
AFFIRMATION. REPRESENTATION. OR W ARRANT\ UNLESS EXPRESSL\ MADE AND AGREED TO IN WRITING B\
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 thy. 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 2009
In wines whereof. the panics have executed this A_reement as of the date last set forth below
Costa Mesa SanitanDistrict (C\MSD) SOUTHERN CALIFORNIA EDISON
24/100dale4e
SBD Rep Pemberton
SIGNATURE SIGNATURE
Thomas A. Fauth Mark Wallenrod
OWNER'S REPRESENTATIVE REPRESENTATIVE
Assistant Manager CMSD T G-0/+� Manager Ener'g} Efficiency Programs
TITLE D ATE TITLE DATE
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Page 1 of.2
Thomas Fauth
From: Harry.Pemberton@sce.com
Sent: Monday April 06, 2009 3:21 PM
To: Thomas Fauth
Subject: SCE's 2009 'Savings By Design' Owner Agreement#2704 for Costa Mesa Sanitary District
Attachments: Costa Mesa Sanitary District 2704 SBD Owner Agreement for signature, r2009.pdf
Dear Mr Thomas Fauth, Assistant Manager CMSD (949-645-8400, x222),
I hope all is well with you and the Costa Mesa Sanitary District (CMSD) new construction project, District Yard
building, located at 174 W Wilson Street, Costa Mesa, CA 92627
I remind you that I am Southern California Edison's non-residential New Construction Services program
'Savings By Design' representative. It has been a pleasure working with you and your project team to achieve
your energy efficiency goals.
I have some good news for you. Your project was fortunate to be eligible for the Savings By Design 2009 bridge
funding period, which increased your incentive opportunity from $2,189 to $2,902. All you have to do is sign and
return the updated documents.
Attached please find the updated 2009 SCE Savings By Design 'Owner Agreement#2704" for Costa Mesa
Sanitary District.
Please print the attached document, then sign and date the bottom of page 3 of the agreement.
Thereafter please promptly return your ink signed Owner Agreement to:
Harry Pemberton
New Construction Services
Southern California Edison Co.
7300 Fenwick Lane, 2nd Floor BCD
Westminster CA 92683-5238
If you have questions, please contact me at my office telephone (714) 895-0335, or email
Harry.Pemberton@SCE.com.
Southern California Edison's New Construction Services team thanks you for your cooperation to optimize the
energy efficiency of your project.
Please let me know how I can assist you further I
Kind regards,
Harry
Harry Pemberton, CEM, LEED AP
Technical Specialist, Savings By Design Representative
New Construction Services
Southern California Edison Co.
7300 Fenwick Lane, 2nd Floor BCD
4/6/2009
Page 2 of 2
Westminster CA 92683-5238
office tel: 714-895-0335 / pax 54335
mobile tel: 714-222-8542
email: Harry.Pemberton@SCE.com
web: www.SCE.com
web: www.SavingsByDesign.com
it is just as important to produce'electricity using a highly efficient method
as it is to 'use electricity with energy efficient methods.
4/6/2009