R2013-62 AUTHORIZING EXECUTION OF ENERGY AND WATER EFFICIENCY SERVICES AGREEMENT

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notice to the CITY that (i) there are no inconsistencies in the Project Documents pertaining to the performance of the Work at the Premises; or, (ii) specifying the nature of any conflicts or inconsistencies noted from the COMPANY's review of the Project Documents. All Work to be performed under this Agreement by the COMPANY or its subcontractors which the Project Documents indicate is in conflict with the Project Documents or the Work of other Companies performing on the Premises shall be brought to the attention of the CITY before the Work is commenced. 3.5.3Correction of Conflicting Work. In the event that the COMPANY fails to properly prepare or review Project Documents or commences the Work without providing notice to the CITY of any conflict it discovers in the Project Documents, the COMPANY shall, upon written direction from the CITY, remove all such Work or portion thereof so conflicting, and rebuild it as directed at no additional cost to the CITY, provided that the Project Documents furnished by the CITY have put the COMPANY on reasonable notice that an inconsistency, error, conflict or omission existed. ARTICLE 4: IMPLEMENTATION OF THE EFFICIENCY MEASURES PROJECT ("THE WORK") 4.1 Description of the Work. The design, procurement, installation and commissioning of the EMs specified in Schedule A and any 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. 4.2 Performance of the Work. Construction and equipment installation commence within ten (10) days of the COMPANY'S receipt of the CITY'S Notice to Proceed, a form of which is attached hereto as Exhibit I, and shall proceed in accordance with the provisions contained in Attachment A and the project installation schedule approved by CITY and attached hereto as Schedule J. 4.3 Systems Startup/Commissioning. The COMPANY shall startup or commission the installed EMs in accordance with Schedule M. The COMPANY shall provide advance written notice of at least twenty (20) business days to the CITY of the scheduled test(s). The CITY shall have the right, at its cost, to designate representatives to be present at any or all such tests including representatives of the manufacturers of the EMs. The COMPANY shall demonstrate that all EMs installed comply in all material respects with the requirements of the Project Documents. The COMPANY shall test the components and systems of the installed Ems in accordance with Schedule M. The COMPANY, or its subcontractor(s), may, in its discretion, correct or adjust all material deficiencies in operation of the EMs. ARTICLE 5: COMMENCEMENT DATE AND TERM; INTERIM PERIOD; FISCAL FUNDING 5.1 Commencement Date. The Commencement Date shall be the first day of the month after the month in which all schedules are in final form and accepted by the CITY and (a) COMPANY shall have delivered a written Notice to the CITY that (i) it has completed the installation and commissioning of all of the efficiency measures specified in Schedule A in accordance with Section 7.1 below; (ii) no Event of Default under Article 11 exists; and, (iii) the Assured Performance Guarantee is in full force and effect in accordance with Schedules B and 132; and (b) the CITY has inspected and accepted said installation and operation as evidenced 7