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HomeMy WebLinkAbout5.1084 Original ContractLocation: 1914 S Pine St. Bldg A,B,C,D,E, &F Customer NAHA Hilltop Associates LP This Agreement is offered by the City of Port Angeles (City) and is subject to City inspection and acceptance of all of the Energy Conservation Measures (ECMs) in the Rebate Application and the Project Rebate Summary, which shall be completed in compliance with all City Material and Installation Specifications and must be approved by the City. The City agrees to pay up to the maximum rebate amount specified in the Project Rebate Summary to the City Authorized Contractor listed on the Project Rebate Summary City payment shall be made within thirty days of City acceptance of the ECMs and invoices documenting actual project costs. This agreement is void if: any of the ECMs specified in the Project Rebate Summary are not installed and accepted by the City by September 30, 2011, unless and subject to a written completion date extension provided by the City. The City and Customer agree to the terms and conditions of this Agreement, the Rebate Application, the Project Rebate Summary and City Material and Installation Specifications The Customer's Rebate Application as accepted by the City, is made part of this Agreement. In case of conflict, the Customer's Rebate Application shall not supersede City Material and Installation Specifications 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 ECMs. 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 typical and normal conditions, and recognizes that changes in technical or operational information affect the savings estimates provided in the Project Rebate Summary. 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 warranty concerning the design, construction, final project costs, or economic viability of the ECMs The City reserves the right and the Customer agrees to allow the City and Bonneville Power Administration or their respective representatives to conduct verification of ECMs installation as proposed in the Rebate Application. 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. ENERGY CONSERVATION PARTICIPATION AGREEMENT Sue Edick Date NAHA Hilltop Associ LP G nn Cutler, Director of Pu is Works and Utilities Date City of Port Angeles /1 -i -/v ft I it Customer: Address: Location I.D. Location I.D. Location I.D. Location I.D. Location I.D. Location I.D. Energy Conservation Measure Window Replacement Bldg A Window Replacement Bldg B Window Replacement Bldg C Window Replacement Bldg D Window Replacement Bldg E Window Replacement Bldg F NAHA Hilltop Associates LP 1914 S Pine Street 154930 Bldg A 154932 Bldg B 154934 Bldg C 154936 Bldg D 154938 Bldg E 154940 Bldg F Totals: ENERGY CONSERVATION PROJECT REBATE SUMMARY Contractor Glass Services Co. Glass Services Co. Glass Services Co. Glass Services Co. Glass Services Co. Glass Services Co. Estimated kWh Savings 4,755 8,123 6,120 6,833 6,780 6,788 ECM Cost $6,879.06 $11,367.91 $8,668.75 $9,965.21 $9,502.34 $10,668.73 Maximum Rebate $6,340.00 $10,830.00 $8,160.00 $9,110.00 $9,040 00 $9,050.00 39,398 $57,052.00 $52,530.00