Resolution 2010-75 - Laserfiche WebLink

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Total Contract Percent Payment Amount (per site) Payment Amount (total) v Milestone or Event , $1,330,000 7% $31,033 $93,100 Contract Signing 60% $266,000 $798,000 Delivery of modules to site(s) or Bella performance by Contractor (or Subcontractor) caused by negligent acts or omissions on the part of Contractor or any of their respective Subcontractors or any other delay caused by any such Subcontractor that is not caused by a Force Majeure affecting such Subcontractor. Force Majeure events may include without limitation: acts of God; sudden actions of the elements such as heavy rains, floods, earthquakes, hurricanes, ice storms, landslides or tornadoes; high winds of sufficient strength or duration to materially damage a construction site or significantly impair its operation for a period of time longer than normally encountered in similar businesses under comparable circumstances; lightning; fire; volcanic activity; sabotage; vandalism beyond that could reasonably be prevented by Contractor; terrorism; war; riots; explosion; blockades; and insurrection. The term Force Majeure does not include (1) any acts or omissions of any third party, including, without limitation, any vendor, material, customer, or supplier of Contractor, unless such acts or omissions are themselves excused by reason of Force Majeure; (2) changes in market conditions that affect the cost of Contractor's supplies. e. TREASURY GRANT AND SAFE HARBOR. The City and Contractor agree and recognize that time is of the essence in this' Agreement and that the City will suffer financial loss if "safe harbor" cannot be achieved by incurring cost and/or performing Work of at least 5% of the total contract value by December 31, 2010. Promptly upon issuance by the City of a notice to proceed, Contractor shall perform services and /or purchase equipment in sufficient quantities defined by City so that "safe harbor" can be achieved by December 31, 2010. f. UTILITY COMPANY MATTERS. The parties shall cooperate to timely prepare, execute and deliver any documentation necessary for commissioning of the systems and recognition of Xcel Energy Solar Rewards RECs and rebate. All Xcel Energy Solar Rewards documentation shall be signed and returned within five days of request. The City shall have and receive the benefits of the Solar Rewards RECs and rebate directly from Xcel. The City shall enter into those contracts required by Xcel for the installation and operation of the systems such as the Interconnection Agreement, Net Metering Agreement, Solar Rewards Contract and Solar Rewards SO -REC Purchase. Contract. Contractor shall assist in and facilitate the completion of such contracts. 7. Price of Work - Payment. a. The not -to- exceed contract price set forth in Section 1 shall be inclusive of all costs of whatsoever nature associated with Contractor's Work efforts, including but not limited to all labor, materials, supplies, parts, salaries, benefits, expenses, overhead, administration, profits, taxes and outside fees. The scope of Work and payment therefore may only be changed by a properly authorized amendment to this Agreement or by a change order executed pursuant to Section 17. b. The City shall authorize payments according to the following table showing amounts and milestones.