HomeMy WebLinkAbout001074 Original Contract Jun 06 16 10:51a Wilson Oil Olympia 3607869524 p,2.
City of Port Angeles
Record # 001074
CUSTOM PROJECT PROPOSAL
PARTICIPATION AGREEMENT 'S
Fairmount Shell Food Mart Lighting Improvements ,,..
Location: 1137 W Hwy 101
location I.D. 103140.00
Customer: Fairmount Shell Food Mart
This Participation Agreement(Agreement)is enacted by the City of Part Angeles(City)and Fairmount Shelf
Food Mart(Customer)for the Custom Project Proposal: Fairmount Shell Fcod Mart Lighting Improvements
(Project Proposal),
This Agreement is offered by the City and is subject to Bonneville Power Administration(Bonneville}
acceptance of the Project Proposal. Subject to Bonneville and City inspection and approval of all of the
Energy Conservation Measures(ECMs)in the Project Rebate Summary and the Customer's Project
Completion Report demonstrating required actual energy savings,which shall be completed in compliance
with all Bonneville and City requirements and must be approved by Bonneville and the City,the City agrees
to pay the lesser of the estimated rebate amount or 70%of actual project casts.The estimated rebate
amount is specified in the Project Rebate Summary to the Customer. City payment shall be made within
thirty days of Bonneville and City acceptance of the Customer's Project Completion Report and Customer's
invoice documenting actual costs.
This agreement is void if:any of the ECMs specified in the Project Rebate Summary and/or the Customer's
Project Completion Report are not accepted by Bonneville and the City by August 31,2017, unless and
subject to a completion date extension provided by Bonneville and the City.
The City and Customer agree to the terms and conditions of this Agreement,the Energy Conservation
Agreement Contract No.09ES-11090 and the Bonneville Energy Efficiency implementation Manual.The
Customer's Project Proposal as accepted by Bonneville and the City, are made part of thrs Agreement. In
case of conflict,the Customer's Project Proposal and/or Project Completion Report shall not supersede any
Bonneville or City requirements.The City and its representatives shall not be a party to any agreement
between the Customer and any vendor(s).The City may not provide rebate payment if the Customer stops
purchasing all of its electricity from the City or is delinquent in electric utility payments to the City prior to
City's acceptance of the Customer's Project Completion Report.
The Customer understands and agrees that ECMs and resultant energy savings identified are based on
engineering estimates.The Customer agrees that the energy savings estimates are based on typicaf and
normal conditions,and recognizes that changes in technical or operational information affect the savings
and economic estimates provided in the Project Proposal.The City does not make any implied or expressed
warranty,representation,or promise as to the actual electrical savings to be realized,or any implied or
expressed warfanty conceming the design,construction,final project costs,or economic viability of the
ECMs.In addition to the energy savings verification tests conducted by the Customer,the City reserves the
right and the Customer agrees to allow the City,Bonneville or lheir respective representatives to conduct
energy savings verification tests both prior to and after the installation as outlined in the Project Proposal.
The Customer agrees to comply with all applicable local and State codes and requirements related to the
proper installation of all ECMs.The Customer agrees to obtain all necessary permits and to have such
permits duly signed by the appropriate building official upon inspection as required.
If either the Customer or the City desire a change in the items specified in this agreement,this Agreement
may be amended.The Changes shall be the subject of a separate written Agreement
The Customer shall defend,indemnify and hold the City,its officers,officials,employees,and volunteers
harmless from any and all claims, injuries,damages,losses or suits including attorney fees arising out of or
in connection with the performance of this Agreement,except for injuries and damages caused by the sole
negligence of the City.
Federal law prohibits kickbacks and other free services provided in exchange for-the right to perform federal
contract work_ Federal laws prohibiting and providing penalties for fraud may apply to this Agreement.
The terms,covenants and conditions of this Agreement constitute the entire contract between the parties
and no understandings or obligations not expressly set forth herein shall be binding upon them,No
modification,amendment or alteration of the Agreement shall be valid unless it is in writing and signed by
the Customer and the City.
4
A I
Jo silly,Territory Manager, son Oil fnc. Date
irmount Shell Food Mart
A, _-
Dan McKeen,City Manager to
City of PortAngeles
I
Jun 06 16 10:52a Wilson Oil Olympia 3607869524 p.6
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