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03-23-15 Agenda. Packet & Committee Meeting Notice
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03-23-15 Agenda. Packet & Committee Meeting Notice
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4/23/2015 12:20:19 PM
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City Council - City Clerk
City Council - Document Type
Agendas
City Counci - Date
3/23/2015
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or equipment generated by Amcresco's construction work heretuxlet <br />(iv) Ameresco shall permit Customer or any of its representatives to enter upon the <br />Project site to review or inspect constriction work, provided, in each case, the <br />Customer and /or its representatives make reasonable efforts to coordinate such <br />review or inspection with Ameresco nod agree to comply with all applicable federal, <br />state and local safety laws, ndes and regulations, including, without hnritatlon, those <br />prorutlgated by the U.S. Department of labor Occupational Safet R Health <br />Administration. <br />(v) Ameresco shall provide equipment titanuals, as -built dranings and other appropriate . <br />information regarding equipment installed hereunder to Customer at or about the <br />time of Substantial Completion (as such tens is defined in Section 4). <br />(vi) Ameresco shall provide the training described in Attachment IL Such training is <br />included in the Contract Cost unless included as a separate cost in Attachment 1. <br />SECTION 2 Ownership of ECM(s) <br />Ownership and title to each ]:CAI or portion thereof, as applicable, shall automatically pass to <br />Customer upon Amcresco's receipt of both (i) the executed Substantial Completion Certificate <br />(AttaehmL'mt D(.3i), or each Percent Complete Acknowledgement Certificate (attachment D421), <br />(including Customer payment certification) delivered pursuant to Section 4 for such T3CAI or portion <br />thereof, acid (ii) the indefeasible payment in full of all of Customer's paymxmt obligations to Ameresco <br />pursuant to such Substantial Completion Certificate or Percent Complete Acknowledgement <br />Certificate for such installed 1CAI or portion thereof. Prior to satisfaction of the conditions set forth <br />in (i) and (ii) in the precious sentence with respect to an I?CAI or portion thereof, title to each L'•CAI <br />or portion thereof shall remain in the name of Amieresco. If, notwithstanding the intent of the Parties, <br />Customer is deemed to hold title to any or all of the fi.CAls or portion thereof prior to the satisfaction <br />of the conditions set forth in (i) and (ii) above, as security for the payment in full of the Customer's <br />obligations with respect to rich such IiC,JNI or portion thereof, Customer licreby assimis transfers and <br />grants to Ameresco a security interest in such IiCAIs. <br />SEC'T'ION 3 Financing and Ability to Pa} <br />13y its execution of this agreement, Customer hereby represent, and warrants to Ameresco that <br />Customer has raker all accessary steps to secure adequate finds for payment of the Contract Cost. <br />SECTION 4 Contract Cosg Monthly Progress Payments <br />(a) Subject to the terms of this Agreement, Amtcresco shall perform the Scope of Services at a <br />contract cost of I-OUR MILLION, EIGHT HUNDRED FIPPY FIVL TIiOUSAND <br />LIGHT IIL'NDRIiD NiNFI-Y SFYIIN and 00/100 Dollars ($4,855,897)1 (subject to <br />adjustment as provided in Section 8, the "Contract Cost). <br />(b) Upon execution of this ;lgrecment and deliver- by Customer to Ameresco of the Notice to <br />Proceed, substantialh in the form attached to this Agreement as Attachment E, Customer <br />still] pay Ameresco ten percent (10"'0) of the Contract Cost for mobilization. 'Ilereafter, <br />Ameresco shall submit invoices to Customer for monthly progress payments to Ameresco <br />
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