Application Instructions

Transcription

1 2019 CenterPoint Energy RCx Program Application Instructions The CenterPoint Energy Retro-Commissioning (RCx) Program aims to help you identify low-cost opportunities to improve the efficiency of existing major mechanical and electrical systems and reduce energy costs without adversely affecting your facility or system operations. To participate in this program, please review the following steps: 1. Read the included in this packet. 2. Complete the following pages included with this application packet: General Information Include all required customer and account information. Facility Information Include all information requested in the application that is applicable to the facility. 3. Sign the page. 4. Retain a copy of the completed application. Submitted applications will become the property of CenterPoint Energy. 5. the completed application and required documentation to CenterPointEnergyRCx@nexant.com. For More Information. For more information about the CenterPoint Energy RCx Program, measure eligibility, incentives, or other CenterPoint programs please contact us at CenterPointEnergyRCx@nexant.com. Page 1 of 9 Version

2 Pre-Application Checklist Please confirm you meet the following minimum eligibility requirements before applying to participate in the program: Are you a commercial or industrial CenterPoint Energy customer whose facility receives distribution voltage electric service? Is your facility at least 2 years old? Is your facility free of major problems that require capital repairs or replacements and have no planned major system renovations or retrofits? Does your facility have an existing and functional building or system energy management system (EMS) with direct digital control (DDC)? If selected for participation in the program, can you accept the following responsibilities? Provide access to the facility and time for facility personnel to interface with the RCx Agent during all phases of the project? Provide and assist with the reporting and collection of information pertaining to the operation of the facility during all phases of the project? Implement the mutually accepted RCx measures according to the scope and procedures outlined by CenterPoint Energy within a mutually agreed upon timeline? Next Steps If you answered yes to the above questions, please complete this application and submit it to CenterPoint Energy for consideration. In reviewing your application, CenterPoint Energy will look for evidence that cost-effective RCx opportunities exist at your facility. CenterPoint Energy s decision regarding selection of program applicants will be final and binding for all parties. If you answered no to any of the above questions and still want to participate in the program, please contact the program administrator. If approved, your project will move to the Investigation Phase. An RCx Agent will perform a site survey and engineering analysis to identify specific RCx opportunities in your facility. You will then select the measures you wish to implement to meet or exceed the implementation commitment described herein. A schedule for each selected measure will be jointly developed by all parties. Once this is complete, the project will move to the Implementation Phase. During the Implementation Phase, you will complete the installation of all selected measures according to the schedule outlined previously. Failure to comply with the original schedule may result in cancelation of the project. After implementation is complete, you will notify the RCx Agent, who will perform final measurement and verification of the implemented measures. Page 2 of 9 Version

3 General Information Important: This page is to be submitted with the signed, the completed Assessment Worksheet and supplemental documentation, as appropriate. Please allow three weeks for application review following complete documentation submittal. Ineligible or incomplete applications will not be approved. Customer Information Business name CenterPoint ESI ID number(s), required CenterPoint Meter number(s) if known Facility address City State Zip Contact name Contact phone number Contact fax number Mailing address (if different from the installation address) City State Zip Building owner (if different) Owner phone number Owner fax number Owner Ownership status: Own Lease/Rent If lease or rent, remaining term length: Occupied last 12 months: If no, number of months vacant : Which RCx Agent would you like to use? Percent occupied: Customer Tax Information NAME (As shown on your income tax return): BUSINESS NAME/ENTITY NAME (If different from above): ADDRESS, CITY, STATE, AND ZIP CODE: FEDERAL TAX CLASSIFICATION (For the entity on the Name line above) Check the appropriate box Individual/Sole Proprietor/Single-Member LLC C Corporation S Corporation Partnership Limited Liability Company - Enter the tax classification (C=C Corporation, S=S Corporation, P=Partnership) Trust/Estate Other Exempt payee code (if any) Exemption from FACTA Reporting Code (If any): t Applicable te: If you have any questions regarding these codes, please seek independent tax advice. TAXPAYER IDENTIFICATION NUMBER (TIN) The TIN provided must match the name provided on the Name line above. Facility Information Primary building use (indicate percentages if multiple types) Automotive Facility Hotel Police/Fire Station Convention Center Library Post Office Page 3 of 9 Version

4 Court House Manufacturing Facility Religious Building Dining: Bar Lounge/Leisure Motel Retail Dining: Cafeteria/Fast Food Motion Picture Theater School/University Dining: Family Multi-Family Housing Sports Arena Dormitory Museum Town Hall Exercise Center Office Transportation Gymnasium Parking Garage Warehouse Health Care - Clinic Penitentiary Workshop Hospital Performing Arts Theater Other Building size (sq. ft.): Number of Floors: Percent Conditioned: Building Age: M-F Saturday Sunday Occupancy schedule Outline the major facility space types, their scheduling, and typical occupant density (e.g. 10,000 ft2, 24-hour computer center that is unoccupied). Identify the type and manufacturer of the facility s energy management control system (EMS) and the name of the individual most familiar with the EMS. If the facility does not have an automated control system, please indicate. Is the EMS capable of trending and storing data for numerous points simultaneously? Please complete the following table listing the facilities major HVAC and lighting system components. Equipment Type Size Age Cooling equipment Chiller 1 (example) Centrifugal 300 tons 15 years Heat Rejection equipment Cooling Tower 1 (example) Open, cross flow, induced draft 350 tons 15 years Page 4 of 9 Version

5 Important: CenterPoint Energy is implementing the CenterPoint Energy Retro-Commissioning ( RCx ) program ( Program ) to provide customers with technical services to improve energy-efficiency in qualifying CenterPoint served facilities. The following terms and conditions ( ) set forth the participation requirements for customers applying to the Program. By signing below, the applicant named in the customer information section of the Application ( Customer ) is agreeing to comply with and be bound by these terms. 1. To qualify for the Program, Customer must: a. Be a CenterPoint Energy commercial or industrial customer served at distribution voltage; b. Abide by the Program rules and eligibility requirements in effect on the date of the submitted application; and c. Provide a valid tax identification number. 2. Failure to provide any of the required information, including signatures, forms, or other requested documentation, may result in the return of the application. CenterPoint Energy retains the right to make final determination of customer eligibility. 3. Definitions. a. Owner Selection Table or OST shall mean the document maintained by the RCx Agent which summarizes the Recommended RCMs and enables selection by the Customer for implementation. b. RCM Bundle shall mean the selection of Recommended RCMs chosen by Customer and documented in the OST. c. RCx Agent shall mean the Program-approved company contracted by the Program Administrator to perform a site survey and engineering analysis and other Program services. d. Recommended RCMs shall mean the individual RCx measures that are recommended by the RCx Agent in the investigation report and documented in the OST. e. Recommended RCM Costs shall mean reasonable market costs incurred by Customer (net of any discounts, incentives, or other consideration that reduces Recommended RCM Costs incurred by Customer) to purchase and implement Recommended RCMs by the Required Implementation Date. The Recommended RCM Costs will be stipulated in the OST. f. Required Implementation Date shall mean the date by which the customer agrees to complete the Customer Implementation Commitment. The Required Implementation Date is a mutually agreed upon date documented in the OST. 4. Customer Obligations. Customer shall: a. Provide access to the Facility and time for Facility personnel to interface with the RCx Agent. b. Provide and assist with the reporting and collection of information pertaining to the operation of the Facility. c. Provide CenterPoint Energy s Program Administrator with written notification stating that all selected RCMs in the RCM Bundle are implemented and operational. d. If approved for the Program, Customer shall spend the full cost or $3,000, whichever is smaller, on the implementation of Recommended RCMs with an estimated combined simple payback of less than 1.5 years based upon electrical savings and selected by Customer ( Customer Implementation Commitment ). Both third party and customer internal costs will count toward the Customer Implementation Commitment. To the extent that CenterPoint Energy s PA determines (in its sole discretion) that the Customer failed to fulfill the Customer Implementation Commitment, Customer is responsible for repayment of the cost of engineering services ($0.04/kWh) incurred by CenterPoint Energy. PA shall invoice Customer for this amount and Customer shall make payment to PA on a net 5-day basis from the date of receipt of the invoice. e. Customer agrees that the Recommended RCMs selected will not be eligible for any other CenterPoint Energy incentive program. Accordingly, the Customer shall not apply for any other CenterPoint Energy incentives or services with respect to these Recommended RCMs selected at any time before or after the Required Implementation Date. f. Customer shall permit the PA or the RCx Agent to inspect the existing conditions prior to the implementation of any Recommended RCMs. Page 5 of 9 Version

6 g. Customer shall permit the PA or RCx Agent to inspect the fully implemented Recommended RCMs to determine if proper implementation of the Recommended RCMs has been completed at Customer's Facility and conduct the verification phase of the Program. 5. The final decision to proceed under the Program and use of RCx Agents will be subject to the approval of Customer. CenterPoint Energy makes no representations and provides no warranty or guaranty with respect to the accuracy or completeness of the provided technical support services. 6. Customer agrees to have its employees, design team, and contractors cooperate with CenterPoint Energy and the approved RCx Agent to provide operating data and energy use evaluation assistance for the facility identified in this application ( Facility ), including allowing CenterPoint Energy to release standard 24-month usage history, including load interval data, for the account(s) identified on this application to the Program Administrator or PA, Nexant, Inc., and approved RCx Agent. 7. In exchange for any approved equipment and/or service incentives for energy efficiency measures, Customer hereby sells, transfers and conveys to CenterPoint Energy all Environmental Attributes and Environmental Attributes Reporting Rights, as such terms are defined below, associated with the energy savings attributable to the qualifying measure(s) or its operation. Environmental Attributes means those aspects, claims, characteristics and benefits of avoided energy use associated with the measure(s), as well as all fuel, emissions, air quality, or other environmental characteristics, including, but not limited to, white and green energy tags, renewable energy credits, energy efficiency credits, carbon credits, or certificates attributable to the energy savings or avoided use associated with the qualifying measure(s). "Environmental Attributes Reporting Rights" means all rights to report ownership of the Environmental Attributes to any person or entity under Section 1605(b) of the Energy Policy Act of 1992, any successor or replacement statutes, or otherwise. 8. This Agreement shall terminate at the earliest date of either (a) project completion date (b) when the Customer notifies CenterPoint Energy or PA in writing that the proposed project(s) will not be implemented or that they wish to terminate the Agreement, or (c) the Program Administrator notifies the Customer that the Application has been rejected or that there are no significant retro-commissioning energy savings opportunities at the Facility. At PA s option, in addition to any other rights and remedies which PA may have at law or in equity, PA may terminate this Agreement by written notice to Customer, if: a. Any petition is filed, a receiver is appointed for Customer s properties, or any proceeding is commenced by or against Customer for relief under any bankruptcy or insolvency laws; b. PA deems Customer to be in breach of any material term or condition of this Agreement, CenterPoint Energy or PA has notified Customer of the breach, and Customer has not cured the breach within thirty (30) days; or c. Customer suspends or abandons the operation of all or a substantial portion of Customer s business; or d. CenterPoint Energy terminates the Program. 9. CenterPoint Energy will provide, at no up-front cost to the Customer, RCx services as described in the RCx Participant Program Manual ( Program Manual ) in effect as of the date the Customer signs this Application and which is available on the CenterPoint Energy website or upon request from the PA. 10. CenterPoint Energy will provide Customer a post-implementation incentive, the amount of which is contingent on speed of implementation and accuracy of the verification phase savings relative to investigation phase savings estimates, as described in the Program Manual. 11. Customer shall independently evaluate any advice or direction given by CenterPoint Energy related to estimates of electricity savings or the cost, selection or implementation of RCMs. In no event will CenterPoint Energy, the PA, and Program RCx Agents be liable for the failure of Customer to achieve a specified amount of energy savings, the operation of Customer s facilities, or any incidental or consequential damages of any kind regarding these or the implementation of Recommended RCMs. To the fullest extent allowed by law, CenterPoint Energy and PA s maximum liability in the aggregate, regardless of the number of claims, is limited to the amount of the incentive payment approved in accordance with these, and CenterPoint Energy, the PA and their respective affiliates, directors, employees, contractors, agents, and service providers shall not be liable to the Customer or any other party for any other obligations. 12. CenterPoint Energy, the PA, and Program RCx Agents shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to hazardous materials of any kind in connection with the Facility including, but not limited to, asbestos, asbestos products, PCBs, or other toxic substances. Page 6 of 9 Version

7 13. The Program, Program procedures and requirements are subject to change or cancellation without notice. Pre-approved applications, for which the Customer has completed the required Program requirements, will be processed to completion under the terms and conditions in effect at the time of the pre-approval by CenterPoint Energy. 14. Customer understands that neither CenterPoint Energy, the PA, nor RCx Agent makes any representations, warranties or guaranties of any kind with respect to the quality, design, manufacture, construction, safety, performance, installation or effectiveness of the approved measure(s). CUSTOMER UNDERSTANDS THAT CENTERPOINT ENERGY, THE PA, AND RCx AGENT DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, USE OR APPLICATION AND NON-INFRINGEMENT. Responsibility for delivery and workmanship related to any equipment or services the Customer procures exclusively rests with the contractor or retailer selected by Customer. Neither CenterPoint Energy, the PA, nor RCx agent assumes any responsibility for oversight of contractor services, and the Customer is solely responsible for any decision as to which approved measure(s) to implement. Neither CenterPoint Energy, the PA, nor RCx Agent guarantees that installation and operation of the approved measure(s) will result in reduced energy usage or cost savings. 15. Customer, at its own expense, is responsible for complying with all state/county/city governments, property owner and/or homeowners association requirements (if any) in Customer s area regarding local conditions, restrictions, codes, ordinances, rules and regulations concerning the installation of approved measure(s). Customer, at its own expense, shall obtain and maintain licenses and permits needed to install approved measure(s). Failure to maintain necessary licenses and permits constitutes a material breach of Customer s obligations. If a tenant, Customer is responsible for obtaining the property owner s permission to install the approved measure(s). Customer s signature on the Application indicates that Customer has obtained such permission. 16. Customer hereby authorizes CenterPoint Energy, PA and RCx Agent to access energy usage data for the project s specified accounts at the Facility and will provide other reasonable assistance to CenterPoint Energy, PA and RCx Agent to obtain such information. If in Customer s possession, Customer shall provide the PA and the RCx Agent with the Facility s existing documentation, including operation and maintenance manuals, mechanical and electrical drawing of record, equipment specifications, utility usage and access to the building. CenterPoint Energy and PA shall have the right to audit any part of the project. Customer understands that the PA may verify the square footage of the building by using CenterPoint Energy-approved methods and consents to all such CenterPoint Energy-approved methods. Customer shall submit to the PA the requested documents to verify project process and installation. Customer shall inform PA and RCx Agent of the progress of any installed measures by participating in periodic meetings. CenterPoint Energy, as the sponsor of the Program, reserves the right to report the Customer s participation in this Program to regulatory agencies regarding such participation. 17. CenterPoint Energy and its agents will not be responsible for any tax liability imposed on the Customer as a result of the payment of incentives or services provided under this Program. 18. Customer acknowledges that PA and RCx Agent are independent contractors with respect to CenterPoint Energy and the RCx Program, and that PA or RCx Agent is not authorized to make representations or incur obligations on behalf of CenterPoint Energy. Participation as an RCx Agent in the Program does not constitute an endorsement by CenterPoint Energy, nor does it certify or guarantee the quality of work performed. CenterPoint Energy is not responsible if the RCx Agent or other contractor, retailer, vendor or other party provides you with inaccurate information about the amount or conditions of the Program. 19. Customer shall defend, protect, indemnify and hold harmless CenterPoint Energy, the Program Administrator, and their respective board members, officers, directors, managers, associates, related firms and entities, employees, servants, and agents (the Indemnified Parties ) against all claims, losses, expenses, damages, demands, judgments, causes of action, suits, and liability of every kind and character whatsoever ( claims ) arising out of or incident to, or related in any way to, directly or indirectly, participation in the Program; provided however, that Customer shall not be required to indemnify and hold harmless any Indemnified Party member against claims adjudicated to have been caused by such party s gross negligence or willful misconduct. If arbitration or litigation is commenced by a party to enforce or interpret any of the provisions of these, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees at the arbitration, at trial, on appeal, and on any petition for review. 20. These shall be exclusively governed by and interpreted in accordance with the laws of the state of Texas. Any litigation between the parties shall be prosecuted only in the state or federal courts of the state of Texas. 21. Any person who knowingly files an application containing any materially false information or who purposely or misleadingly conceals information is subject to criminal and civil penalties. Any and all funds determined to have been acquired on the basis of inaccurate or fraudulent information must be immediately returned to CenterPoint Energy. Any customer found to be engaged in fraudulent activity or misrepresentation of any kind will be removed from the Program. This section shall not limit other remedies Page 7 of 9 Version

8 to which CenterPoint Energy may be entitled to under law or that may be available for the filing of a false or fraudulent application, including, but not limited to, referral to law enforcement authorities. 22. Customer s representations, warranties and obligations of indemnity shall survive termination of this Application for the applicable statutes of limitation. 23. Neither CenterPoint Energy, Program Administrator, no the RCx Agent shall be considered in default in the performance of its obligations hereunder to the extent that the performance of any such obligation is prevented or delayed by any cause, existing or future, which is beyond the reasonable control of such entity. In such event, the performance and terms of the Application shall be equitably adjusted. 24. The set forth herein, including all attachments, incorporated references and the Program Manual, constitute a complete statement of the terms and conditions applicable to the Program and supersede all prior representations or understandings, whether written or oral. CenterPoint Energy and Program Administrator shall not be bound by or be liable for any statement, representation, promise, inducement or understanding of any kind that is not set forth herein. Page 8 of 9 Version

9 Customer Signature Under penalties of perjury, I hereby certify by my signature below that: I have read, understand, and agree to comply with all terms and conditions including, but not limited to, the Customer Implementation Commitment outlined herein and the customer eligibility, measure eligibility, and participation procedures outlined in the Program Manual. I agree to participate in the Program and wish to proceed with the Application, Investigation, Implementation, and Verification Phases of the Program. CenterPoint Energy s supported activities will be performed by a Program RCx Agent approved by Customer., If I have completed a fraudulent application or mistakenly receive an amount greater than I was authorized to receive, I will refund the money back to CenterPoint Energy. I certify as the building owner or the owner s authorized representative that all the information contained within this application is true and factual. As the signatory, I have the authority to sign this Application on behalf of the Customer identified in the Customer section above. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and I am a U.S. citizen or other U.S. person (defined in the IRS Form W-9 general instructions), and The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. The Internal Revenue Service does not require your consent to any provision of this document other than the certifications required to avoid backup withholding. By providing my digital signature below, I understand this is my electronic signature, and I agree this will represent the same as my handwritten signature. Business Name Signature Date Name (please print) Title Before submitting this application please verify the following: Did you read and understand the eligibility requirements in the Program Manual? Are all required fields completed and accurate? Did you sign the Form? SEND COMPLETED APPLICATIONS TO: CenterPoint Energy RCx Program CenterPointEnergyRCx@nexant.com 1331 Lamar Street, Suite 1575 Houston, TX Page 9 of 9 Version