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

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by the Certification of Substantial Completion as set forth in Exhibit III and in accordance with Section 7.1. Compensation payments due to the COMPANY for project monitoring, savings measurement and verification and reporting services under this Agreement as set forth in Schedule C shall begin as set forth therein. 5.2. Term of Contract: Interim Period. Subject to the following sentence, the term of this Agreement shall be seventeen (17) years measured beginning with the Commencement Date. Nonetheless, the Agreement shall be effective and binding upon the parties immediately upon its execution, and the period from contract execution until the Commencement Date shall ,� be known as the Interim Period". All efficiency improvements achieved during the interim period will be fully credited to the Project. ARTICLE 6: COMPANY COMPENSATION. 6.1 Company Compensation for the Work. Payments to the COMPANY for the Work shall be made by the CITY in the amounts and in accordance with Schedule C hereto. The amount specified as Compensation for the Work is inclusive of all costs and fees to be paid for the Work pursuant to this Agreement including any training services provided prior to acceptance of the Project by CITY and as provided for in Schedule I. 6.2 Monitoring Savings Measurement and Verification Fees. Payment to the COMPANY for monitoring, savings measurement, verification and reporting shall be made by the CITY pursuant to and in accordance with Schedule C. ARTICLE 7: ACCEPTANCE 7.1 Acceptance of the Work. Acceptance of the Work shall occur as portions of the Work permit the CITY to operate such Work. Such continuous acceptance shall be in accordance with Schedule J and in accordance with the Project Documents. The Work or portions thereof shall be substantially completed (a) once the COMPANY has provided sufficient material and services to permit the CITY to operate EMs or a portion thereof and (b) the CITY executes the Certification of Substantial Completion in the form of Exhibit III. The e Assured Performance Guarantee shall become effective in accordance with Schedules B and i B2. Final acceptance of the all of the Work shall occur when the ANY's performance of the entire scope of the Work is complete, in accordance with the Project Documents, and the CITY has inspected and accepted said installation and operation eration as evidenced by the p p p Certification of Final Acceptance as set forth in Exhibit V. 7.2 Required Acceptance Submittals by the Company. The COMPANY shall submit the following documents to the CITY with its notice of Final Completion: (a) All Project Documents as described in paragraph 3.5; (b) All releases of liens arising out of this Agreement, or receipts in full in lieu thereof, which were not previously delivered, and an affidavit that so far as the COMPANY has knowledge or information, the releases and receipts include all labor and material for which a lien could be filed. The COMPANY shall submit lien waivers, sworn statements, guarantees, full releases or other evidence reasonably satisfactory to the CITY that there are no liens, claims or stop notices pending, filed or threatened against the 8