2023-03-14-minutes-solid-waste-and-maintenance

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ESCO's analysis and determination of the most qualified proposal response, at the sole discretion of the ESCO. The Owner shall have the right to stipulate the use of a particular equipment vendor or subcontractor, as long as such stipulation is delivered to the ESCO in writing prior to the final acceptance of the ESP. Should an Owner stipulated equipment supplier or sub -contractor not be able to perform the scope of work or task to the satisfaction of the ESCO, the ESCO shall have the right to engage a separate vendor or sub -contractor to complete the work fourteen (14) days after written notice to the Owner has been delivered and the failure to perform persists. The time for performance, and the GMIC, shall be equitably adjusted. Section 25.16. Bonding Requirements. Contractor shall furnish performance and payment Bonds, each in an amount equal to the Construction Cost. The Bonds shall cover completion of the physical work per the approved design, and shall not guarantee or warranty efficiency or system performance. The Bonds shall not cover any obligation of the contractor to ensure that the work as constructed will result in any particular level of energy savings. Any suit on the Bonds must be brought within the period of one (1) year after substantial completion, as defined in the contract; provided, however, that if this suit limitation is void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. Section 25.17. As -Built Drawings. Where applicable, ESCO must provide durable, reproducible record drawings from the "as -built drawings" of all existing and modified conditions associated with the project, conforming to typical engineering standards. These should include architectural, mechanical, electrical, structural, and control drawings and operating manuals and will be delivered prior to acceptance. Section 25.18. Operation and Maintenance Manuals. Electronic Operation and maintenance manuals will be provided for the Equipment, or parts thereof installed. Section 25.19. Continuing Activities. The Owner reserves the right to make energy and water improvements and control adjustments to the Premises and to monitor the performance of the installations independently of ESCO. Additionally, the Owner may wish to integrate other identified capital needs with ESCO projects, which may or may not contain energy and water savings opportunities. No credit will go to ESCO for these improvements, and the Owner will monitor these savings separately. The Owner will inform the ESCO in writing of the specific changes and alterations. ESCO may readjust the baselines based on the new information and in accordance with Schedule E (Savings Measurement & Calculation Formulae; Methodology to Adjust Baseline). This Section does not abrogate or alter ESCO's right to make baseline adjustments as set forth in Section 15 or elsewhere in this Contract. Section 25.20. Contract Re -Negotiation. The Owner and ESCO reserve the right to renegotiate the terms of the Contract due to changes in the regulatory or utility climates or the non - discretionary use of energy or if the Owner desires to add sites in addition to those identified in the RFQ. ESCO shall consider the Owner's effort at renegotiation in good faith. This Contract, however, shall not be modified without the written agreement of the Owner and the ESCO. ESCO (McKinstry)/OWNER/PERFORMANCE CONTRACT 25