04-13-15 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 "Agreetent ") is entered into on _pay and Momh)March , 2015, by and bONWeo the Cin. of South Bend, haiiana, acting liy and through its Board of Public Works having its principal place of business located at 227 West Jefferson Blvd, Suite 1400 N, South Bend, Indiana 46601 (hereinafter referred to as "Customer ") and Ameresco, Inc., having its principal place of business at 1 I l Speen Street, Suite 410,1'ramingltam, MA 01701 (hereinafter referred to as "Ameresco'). -flic 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 qualified energy service companies to provide performance -based services for the design and execution of an cnerg1• consumption reduction plan including acceptance of payment for such services via guaranteed cost savings accrued as it result of plan implementation; WHEREAS, Ameresco has prepared and issued a Proposal to Customer, in response to the RPP; WHEREAS, Customer wishes Ameresco to perform a project ( "Projecf) consisting ofcertain energy conservation services and installations as set forth on Attachment 13 (as amended and /or otherwise modified from time to time is provided herein, the "Scope ofSenices ") it Customer's facilities described in Attachment A (the "Property'), and Ameresco wishes to perform such services; and WHEREAS, Customer owes and controls the Property. NOW, THEREFORE, in consideration of the covenants, representations, Nvanautics, and mutual promises and alneements contained herein, and other good and valuable consideration, the receipt and Suffrciencv of which are hereby acknowledged, the Parties hereby agree as follows: SECTION 1 SCOPE OF SERVICES (a) Vhrk: Llpou Anteresco's receipt of a "Notice 7'o Procecd," substantielh-in the form attached to this Agreement as .lttachment I . Anleresco 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 energy conser-ation and faeiliry improvement measures ( "ECA1(s)') included in the Scope of Service,,, as such Scope of Services may be modified in accordance with the terns of this Agreement. Customer and Ameresco shall normally plan the scheduling of the installation of the E'CM(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- ltnzat'dous equipment and materials which are rendered useless and removed as a result of the installation of the ECNI., and (ii) cause '111 1111111% which are classified as hazardous wastes by the rules and regulations of the U.S. Environmental Protection Agency (40 CI'R Parts 260 through 279) and PCB - contaminated ballasts, if amt which have been rendered useless and removed as a result of the installation of the EChIs to be disposed of All other existing P03- contaminated ballasts, lamps