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Home My WebLink About5.1121 Original ContractPORTA GELES WAS H l N "G T 0 N, U: S. A. August 5, 2011 Harold Norlund Nippon Paper Industries USA Co., LTD PO Box 271 Port Angeles, WA 98362 Dear Harold, Public Works Utilities Department This is an official Notice of Cancellation under the Weatherwise Service for the Energy Conservation Participation Agreement Nippon Paper PM2 Flatbox Replacement BECPP 00045. The reason for the cancellation is that the c ustomer has decided to postpone the project due to equipment supply issues. Proiect Name /Owner Name/ Service Address: Award /Cancellation Dates /Amount: Nippon Paper PM2 Flatbox, Replacement Nippon Paper Industries USA Co.,- LTD 1815 Marine Drive Port Angeles, WA 98362 Award Date: Feb 23, 2011 Cancellation Date: Aug 5, 2011 Amount: $72,800.00 To qualify fora rebate, you will be required to submit a new Custom Project Proposal should this project be reactivated in the future. I am available at (360) 417 -4718 if you should have any questions. Sincerely, Bob Kajfasz Commercial Energy Analyst CC: Glenn Cutler, Director of Public Works and Utilities Phone: 360- 417 -4800 Fax: 360- 417 -4542 Website: www.cityofpa.us Email: publicworks @cityofpa.us 321 East Fifth Street P.O. Box 1150 Port Angeles, WA 98362 -0217 5. rl�l Location I.D. 156622.5 Customer: Nippon Paper Industries USA Co., LTD Harold Norlund, Resident Mill Manager Il lippon Paper Indus s USA Co LTD ENERGY CONSERVATION PARTICIPATION AGREEMENT Nippon Paper PM2 Flatbox Replacement BECPP_00045 This Agreement is offered by the City of Port Angeles (City) and is subject to Bonneville Power Administration (Bonneville) acceptance of the Custom Project Proposal Nippon Paper PM2 Flatbox Replacement BECPP_000465. 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 up to the maximum rebate amount 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, 2011, unlessand 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 this Agreement. In case of Conffict,.4he "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 Gitjiriiay not;provide rebate payment if the Customer stops purchasing all of its electncity from the City or is delinquent in eiectri9'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 reify savings identified are based on engineering estimates. The ustomer agrees that the energy savings estimates are based on=typical and normal conditions, and recognizes that changes in chnical or operational information affect the savings and economic estimates provided in the Project Proposal. The City does not lake any implied or expressed warranty, representation; or. „promise as to the actual electrical savings to be realized, or any implied or expressed warranty conceming the design, construction, fijial 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 their respective representatives -to conduct-energy savings verification tests both pnor to and after the installation as outlined in the Project Proposal. O A Glenn Cutler, Director of Public Works and Utilities Date City of Port Angeles The Customer agrees to comply with all applicable wlocal 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 dere 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 injunes and damages caused by the sole negligence of the City. Federal law prohibits kickbacks and other free services provided in exchange for the nght 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. Date Location I.D. 156622.5 Customer: Nippon Paper Industries USA Co., LTD Totals: ENERGY CONSERVATION PROJECT REBATE SUMMARY Estimated ECM Maximum Enerav Conservation Measure Utility C us tome r kWh Savings Cost Rebate Nippon Paper PM2 Flatbox Nippon Paper,lndustries USA Co., 394,584 $104,000.00 $72,800.00 394,584 $104,000.00 $72,800.00 Location I.D. 156622.5 Customer: Nippon Paper Industries USA Co., LTD ENERGY CONSERVATION PARTICIPATION AGREEMENT Nippon Paper PM2 Flatbox Replacement BECPP_00045 This Agreement is offered by the City of Port Angeles (City) and is subject to Bonneville Power Administration (Bonneville) acceptance of the Custom Project Proposal Nippon Paper PM2 Flatbox Replacement BECPP_000465 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 up to the maximum rebate amount 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, 2011, 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 this 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 electnc 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 typical 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 warranty concerning 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 their 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. -)-.,-,,c4/v)04,„..,4 Harold Norlund, Resident Mill Manager Nippon Paper Industri "tJSA Co., LTD 4 LL n Cutler, Director o f P i s Works and Utiliti Date City of Port Angeles 1 7 Date 7 1 2-1 Location I.D. 156622.5 Customer: Nippon Paper Industries USA Co., LTD ENERGY CONSERVATION PROJECT REBATE SUMMARY Energy Conservation Measure Utility Customer Nippon Paper PM2 Flatbox Nippon Paper Industries USA Co., Totals: Estimated ECM Maximum kWh Savings Cost Rebate 394,584 $104,000.00 $72,800.00 394,584 $104,000.00 $72,800.00