03-23-15 Agenda. Packet & Committee Meeting Notice

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ENERGY SERVICES AGREEMENT BY AND BETWEEN CITY OF SOUTH BEND, INDIANA AND AMERESCO, INC. THIS ENERGY SERVICES AGREEMENT (the "Agreement ") is entered into on (Day and Tlonth) \larch , 2015, by and betvecn the City of South Bend, Indiana, acting by and through its Board of Public Works hating its principal place of business located at 227 West j effeison Blvd, Suite 1400 N, South Bend, Indiana 46601 (hereinafter referred to as "Customer ") and Ameresco, Inc., having its principal place of business at 111 Speen Street, Suite 410, Framingham, MA 01701 (hereinafter referred to as "Ameresco "). The parties to this Agreement shall be collectively referred to as the "Parties" and individually as a "Party." WHEREAS, Customer Issued a Request for Proposals submitted on March 14, 2014 (the "RPP) seeking proposals from ggaliticd energy service companies to provide performance -based services for the desinn and execution of an energy consumption reduction plan including acceptance of payment for such services via guaranteed cost savings accrued as n result of plan implementation; WHEREAS, Ameresco has prepared and issued a Proposal to Customer, in response to the RIP; WHEREAS, Customer wishes Ameresco to perform a project ("Project') consisting of certain energy conservation services and insmIlations as set forth on Attachment B (as :upended and /or otheryise modified from time to time as provided herein, the "Scope of Serticei') at Cusmmer's facilities described in.Attachment A (the "Property'), and Ameresco wishes to perform such services; and WHEREAS, Customer owns and controls the Propert. NOW, THEREFORE, in consideration of the covenants, representations, wamurtics, and mutual promises and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which arc hereby acknoo ]edged, the Parties hereby agree as follow: SECTION 1 SCOPE OF SERVICES (s) )X' : Upon Aureresco's receipt of a "Notice To Proceed," substantially in the form attached to this Agreement as .ltrachment F., .lmeresco shall furnish all labor, materials and equipment and perform all work (the "Work ") required for the completion of the Scope of Services, including installation of the eneq;,n conservation and facility improvement measures ( "ECAYI(s) ") included in the Scope of Service,, as such Scope of Services may be modified in accordance yrith the terms of this Agreement. Customer and Areresco shall mutually plan the scheduling of the installation of the 17CM(s), so as to minimize disruption of the daily routine of Customer's personnel. (b) Disposal: As part of the Scope of Services Ameresco shall (i) be responsible for the disposal of all hazardous and non - hazardous equipment and materials which are tendered useless and removed as a result of the installation of the LCI\Is and (ii) cause all lamps which are classified as hazardous wastes by the rules and re lations of the U.S. Lnvironmental Protection Agency (40 CPR Parts 260 through 279) and PCB - contaminated ballasts, if any, which have been rendered useless and removed as a result of the installation of the I CMs to be disposed of All other existing P03- contaminated ballnsrs, lamps