HomeMy WebLinkAboutContract No. 2015-2656City of Columbia Heights: Directed Engineering Stud
City of • Heights
590 40th Ave. Columbia Heights,. •
Directed Engineering Study
This Directed Engineering Study (the "Agreement ") is made and entered into as of February
12, 2015, between Apex Efficiency Solutions (Apex), 403 Jackson Street, Suite 308, Anoka,
MN 55303, and the City of Columbia Heights, 590 40th Ave NE, Columbia Heights, MN 55421.
WITNESSETH
WHEREAS, Apex Efficiency Solutions (Apex) is a company with experience along with
technical and management capabilities to provide for the discovery, engineering, packaging,
procurement, installation, financing, maintenance and monitoring of Solar PV systems as well
as energy, utility, and operational saving measures at facilities similar in size, function and
system type to Owner's facilities; and
WHEREAS, the City of Columbia Heights (Client) has selected Apex to provide the
services described herein; and
WHEREAS, the Client desires to enter into an agreement to have Apex perform a
directed engineering study to determine the feasibility of entering into a guaranteed energy
savings project for the procurement and installation of Solar PV systems and energy
efficiency measures.
THEREFORE, the parties agree as follows:
1. Directed Engineering Study
Apex agrees to complete the study and present, to the Client, a final report within 100
calendar days from the execution of this Agreement. However, Apex and the Client
may mutally agree to extend the dates on all associated deadlines for this Agreement
in the event the Client wishes to expand the scope of work to a degree sufficient
enough to warrant an extension, e.g., a change in the scope of the engineering study
requested by the Client.
The Client agrees to assist Apex in performing the study. The Client agrees to work
diligently to provide full and accurate information. Apex agrees to work diligently to
assess the validity of the provided information and to confirm or correct the
information as needed.
Directed Engineering Study Page 1
City of Columbia Heights: Directed Engineering Study
2. Compensation to Apex
The Client shall compensate Apex for performance of the study by payment to Apex of
$9,600.00. No reimburseables or extraneous compensation will be allowed under this
agreement. The City of Columbia Heights (Client) will have no obligation for
compensation to Apex at the time of execution of this agreement. The Client
acknowledges that compensation to Apex shall be based upon the completion of the
Directed Engineering Study, and the meeting one of the following conditions:
1. If after the completion of the Directed Engineering Study, Apex finds that
the implementation of the proposed project will not pay for itself through
energy and operational savings within the 15 year lifespan proposed, in
accordance with MN Statute 471.345 Subdivision 13, there will be no
obligation of any payment to Apex.
2. If during the completion of the Directed Engineering Study, Apex develops
a self funding project that complies with MN Statute 471.345, Subdivision
13, and the owner chooses to not execute a Guaranteed Energy Savings
Performance Contract for the execution of the project with Apex, the
owner shall make payment to Apex for the amount stipulated in this
agreement.
3. If within 60 days after the completion of the Directed Engineering Study,
the Client executes a Guaranteed Energy Savings Performance Contract
with Apex for the project in accordance with MN Statute 471.345,
Subdivision 13, compensation for this agreement will be incorporated into
the Guaranteed Energy Savings Performance Contract and funded as part
of the project.
Directed Engineering Study