R2018-96 Authorizing an Amendment to the Services Agreement with Johnson Controls CP 2018-07

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ATTACHMENT A CONSTRUCTION PROCESS PROVISIONS A.1.1 Description of the Work. The design, procurement installation and commissioning of the EMs specified in Schedule A and the Training services described in Schedule I, which are integral to the operation of the EMs, are referred to in this Agreement as the "Work." The monitoring, and savings measurement and verification services detailed in Schedule L, performance of which does not commence until after the Commencement Date, are not part of the Work. A.1.2 Supervision of the Work. The COMPANY shall supervise and direct the performance of the Work using its best skill, attention and judgment. The COMPANY shall be solely responsible for site safety and for all construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under this Agreement, except as identified on Schedule G. A.1.3 Rejection of the Work by the CITY. The CITY may reject any sequences or procedures proposed by the COMPANY in connection with the Work which might constitute or create a hazard to the Premises, or to persons or property, or which deviate from the Project Documents or will result in schedule delays or additional costs to the CITY. This provision shall not be construed to mean that Work which is not rejected is therefore approved. A.1.4 Responsibility for the Work. The COMPANY shall not be relieved of its obligations to perform the Work in accordance with the Project Documents by reason of observations or inspections, tests or approvals by any person or entity except as expressly agreed to in writing by an authorized representative of the CITY. A.1.5 Coordination of the Work. The COMPANY shall consult with the personnel designated by the CITY in order to coordinate the Work, including installation of any EM, and to provide appropriate training in the operation of any EM. The COMPANY shall not permit any act which will interfere with the performance of the CITY's business activities at the Premises without the prior written approval of the CITY. The COMPANY may install no EM that will require the hiring of additional personnel by the CITY without the express permission and written approval of the CITY. The COMPANY shall consult with the CITY regarding the coordination of the Work with any other Work being performed by other Companies at the Premises. A.1.6 Sufficient Workforce. The COMPANY shall furnish a competent and adequate staff as necessary for the proper administration, coordination and supervision of the Work; organize the procurement of all materials and equipment so that they will be available at the time they are needed for the Work; and ensure that an adequate force of skilled workmen are available to complete the Work in accordance with all requirements of this Agreement. A.1.7 Project Manager. The COMPANY shall employ a competent project manager who shall be responsible for the coordination of the Work, and who shall be authorized to commit the COMPANY with regard to manpower, schedule, coordination and cooperation. The project manager shall not have less than two years of documented experience in responsible field supervision for projects of comparable size and complexity. The COMPANY shall give the CITY advance written notice if it intends to remove or replace the project manager. In the event the project manager fails to perform its duties under this Agreement the COMPANY shall provide a competent replacement. 21