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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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based upon the percentage of the Project constnvetion and equipment lirocuretncnt completed <br />at the end of each mouth, so that Aneresco is paid the percentage of die Contract Cost that <br />is commensurate with the percentage of completion of the Scope of Services. A 13ercent <br />Complete Acknowledgement Certificate in the form attached hereto as Attachment D (2) will <br />be executed by Customer during each month of the construction period showing the percent <br />complete and monthly payment due. Customer shall make paynment to Ameresco, within <br />thirty -five (35) days after the submission of each such invoice, for non - disputed charges. <br />Customer shall not unreasonably withhold, condition or delay the execution and delivery of <br />am Percent Complete Acknowledgement Certificate after Customer receives authorvation to <br />execute the same from Customer's Board of Public V arks. <br />(C) Upon Substantial Completion of the installation of an F.Chf, Ameresco will deliver to <br />Customer a Substantial Completion Certificate in the form of JVrachment D (3). Within <br />fifteen (15) calendar days after receipt of each Substantial Completion Certificate, Customer <br />shall complete, execute and deliver to Amereseo each such Substantial Completion Certificate. <br />As used in this Agreement the tout "Substandal Completion" shall nmean that each subject <br />IiCM has been installed by Anmcreseo, and, if such ECM is equipment, such equipment is then <br />operating in a manner such that Customer is deriving beneficial use thereof: A Delivery and <br />Acceptance Certificate, in the form of Attachment D(1), shall be executed by Customer upon <br />Substantial Completion of the installation of the final I ?CM. Customer shall not unreasonably <br />withhold, condition or delay the execution and deliycny of any Substantial Completion <br />Certificate or the Deliveq- and Acceptance Certificate. <br />(d) Within thirty -fire (35) days following the first day of each Guarantee Year. as such term is <br />defined in Section 6, Customer shall pay Amcreseo the additional amounts set forth oil <br />Attachment 1, Measurement and Verification Pee Schedule, as an annual fee for measurement <br />and verification services. <br />(c) All pa1'mamts made by Customer under this Agreement .shall be made in accordance xvith the <br />provisions of the Indiana Prompt Payment Act, IC 5 -17 -5 et seq. <br />SECTION 5 Term <br />This tern of this . \greemcnt (the "Term"), shall begin on the date first above u-ritten and shall remain <br />in effect through the " Guarantee Period' as such term is defined in Attachment C unless terminated <br />prior to such date, as provided for in Section 6, L, 1-f or attachment C of this Agreement. At any <br />tinmee after the date of the De•liven• and acceptance Certificate, Customer ntaw tenninate this Agreetent <br />upon sixty (611) days prior Nvn.tren notice to Amereseo, provided that Customer has paid to Aneresco <br />all amounts title as set forth in Section { (including, Nyirhout limitation, pro -tnta portions thereof <br />accrued under Sections, 4(b), c( 11 and. \rrachmcnt 1 and pursuant to any Change Order.) Termination <br />of this Agreement shall also terminate the Guarantee Period. Anything in this agreement to the <br />contrary nottvithstauding, Customer shall not be relieved of its obligation to pay ; \nmc esco when due <br />all aomouur.+ which accrued prior to such termination. <br />SECTION 6 Savings Guarantee <br />To the extent set forth in Attachment C, and solely ill accordance with Attachment (:, Amereseo <br />guarantees that the "Annual Savings" (as defined below) to be achieved as a result of installation and <br />operation of the 1:CAIs ,hall equal or exceed the Guaranteed Savings (as defined in attachment C) <br />over the "Guarantee Period' (as defined in Attachment (:). "llte first "Guarantee Year "shall be the <br />consecutive twelve (12) month period beginning With the first day of the month following the date of <br />Substantial Completion of the ECliS. . <br />
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