2023-050 Resolution - Laserfiche WebLink

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13 CHANGES IN THE WORK 14 TIME 15 PAYMENTS AND COMPLETION 16 PROTECTION OF PERSONS AND PROPERTY 17 INSURANCE AND BONDS 18 CORRECTION OF WORK 19 MISCELLANEOUS PROVISIONS 20 TERMINATION OF THE CONTRACT 21 CLAIMS AND DISPUTES 22 179D TAX DEDUCTION AND ENVIRONMENTAL BENEFITS 23 ADDITIONAL SAVINGS MEASURES / FUTURE PHASES ARTICLE 1 THE WORK OF THIS CONTRACT The Contractor shall execute the Work as defined at Section 7.3 of this Agreement and as further described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. § 1.1 ENERGY MANAGEMENT PLAN. Owner shall furnish (or cause Owner's energy supplier to furnish) to Contractor al I of Owner's records and complete data concerning energy usage and energy-related maintenance for the Owner's properties (the "Premises"), for the most current twelve (12) month period, including utility records, occupancy information, occupancy schedules, descriptions of any changes in building structures or the heating, cooling, lighting or other systems or energy requirements, descriptions of all energy -consuming or energy-saving equipment on the Premises, bills and records relating to maintenance of the energy-related equipment, Beet operating data, and a description of energy management procedures Owner presently utilizes and details of all performance deficiencies in existing systems ("Owner's Information"). Owner acknowledges that Contractor relied, or will rely, upon Owner's Information in developing, or will develop, the Facility Energy Audit and the savings calculations described in this Agreement based on Owner's Information and accordingly, represents Owner's Information is accurate. § 1.2 Contractor has made an assessment of the energy consumption characteristics of the Premises and prepared the complete Facility Energy Audit and Analysis of the Premises (the "Investment Grade Audit Proposal") as set forth in Owner's Request for Proposal. Owner has approved and accepted the Investment Grade Audit Proposal including all Energy Conservation Measures (ECM's) agreed upon by the Parties. § 1.3 Owner is authorized under Ohio Revised Code §717.02 to enter into this Contract for the purpose set forth in this Contract. ARTICLE2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 2.1 The date of commencement of the Work shall be a date set forth in a notice to proceed issued by the Owner which shall be effective only after sixty (60) days after the last of receipt by Contractor of (a) written confirmation that project financing is in place sufficient to ensure payment of the entire Contract Sum timely and in full accordance with the payment terms of this Agreement to the reasonable satisfaction of Contractor; (b) receipt by Contractor of (i) Owner's Initial Payment as defined by Section 15.2.1 of this Agreement; (ii) copies of the insurance policy(ies) required m be purchased by Owner under Exhibit A, Insurance and Bonds; and (iii) an original of this Agreement and the other Contract Documents executed by Owner. In the event Contractor commences Work in advance of any of the foregoing conditions, Contractor shall be entitled to an extension of time in accordance with this Agreement if such condition's failure causes delay. § 2.2 The Contract Time shall be measured from the date of commencement. Page 2 of 18