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ORIGINAL CITY OF REDWOOD CITY ENERGY SERVICES CONTRACT This Agreement is made this 1.1( day of ~ between the CITY OF REDWOOD CITY, a charter city and municipal corporat;n" in the State of California ("Owner" or "City"), and RC CONSTRUCTION I Robert Rago ("Contractor"). The work described in Section 1 below shall be performed in accordance with the Exhibit "A," attached hereto and incorporated herein by this reference. In 2007, the City joined the Association of Bay Area Governments (ABAG) Energy Watch Partnership. The joint partnership with PG&E and Energy Solutions performed an energy evaluation of nineteen City owned facilities which resulted in the proposal from their construction component, ABI Services, Inc. an energy services company. Government Code Sections 4217.11 through 4217.17 provides that notwithstanding any other provisions of law, a public agency may enter into an energy service contract on terms that its governing body determines are in the best interests of the public agency. A detailed "Lighting Work Order" was developed for each facility listing all work to be installed. Exhibit "A" lists the relevant Lighting Work Orders for each of the 16 City Owned facilities. The following documents are incorporated into and made part of this Contract by this reference: . Lighting Work Orders listed in Exhibit "A" for each of the 16 City Owned facilities which are on file and made available in the City Clerk's Office . Document 00610 Construction Performance Bond . Document 00620 Construction Labor and Material Payment Bond The documents shall be referred to collectively as the "Contract Documents". SECTION 1 - SCOPE OF WORK Contractor shall furnish all necessary management, supervision, labor, materials, tools, supplies, equipment, plant, services, engineering, testing and lor any other act or thing required to diligently and fully perform and complete the work described in the Exhibit "A". Contractor shall comply with all requirements of the Contract Documents. Where there is a conflict between the requirements of the several Contract Documents, the more stringent requirements shall govern. Contractor's scope of work includes, but is not limited to, the following: . "Contractor" shall furnish all labor, materials and equipment to perform all work required for the completion of the work in Exhibit "A." Submit all required samples, product data, certificates, operations and maintenance instructions, guarantees, and other submittals no later than five (5) days after the date the City issues a Notice to Proceed. . Protect all materials to be used in the Work in accordance with the specifications. . Protect existing facilities and personal property. Contractor shall be solely responsible for all damage to improvements, property and equipment at the parking facility. . Contractor shall set up, identify, coordinate, provide safe access, and obtain all inspections for its work, as required by any authorized agency or applicable code, prior to covering up work. ATTY/AGR/2008.079 100708