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Section 1. GENERAL. <br />11 This Agreement is comprised of the following documents (``Contract <br />Documents"): <br />This Agreement <br />Exhibit A -Scope of Work and Services <br />Exhibit A-1: <br />Exhibit A-2: <br />Exhibit A-3: <br />Exhibit A-4: <br />Exhibit B -Schedules <br />Exhibit B-l: <br />Exhibit B-2: <br />Exhibit B-3: <br />Exhibit C - Perfommnn <br />Appendices: <br />Appendix 1-1: <br />Appendix 1-2: <br />Appendix 2-1: <br />Scope of Work -Design /Build <br />Scope of Work -Maintenance <br />Scope of Work -Measurement and Verification <br />Services <br />Scope of Work -Renewable Energy Certificates <br />Payment Schedule <br />Milestone Schedule <br />Standard Rate Schedules <br />ce Guarantee & Performance Assurance <br />Payment Bond Form <br />Performance Bond Form <br />System Outage Request (SOR) Form <br />1.2 The City hereby engages and Siemens hereby accepts the engagement <br />to perform and provide the Work and Services as set forth in Exhibit A hereof and in <br />accordance with the terms and conditions of this Agreement. <br />1.3 Siemens shall perform the Work as an independent contractor with <br />exclusive control over the manner and means of performing the Work in accordance with the <br />requirements of this Agreement. Siemens has no authority to act or make any agreements on <br />behalf of the City. This Agreement is not intended, and shall not be construed to create, <br />between Siemens and the City, the relationship of principal and agent, joint venturers, co- <br />partners or any other such relationship, the existence of which is hereby expressly denied. <br />No employee or agent of Siemens shall be, or shall be deemed to be, an employee or agent of <br />the City. At all times during the term of this Agreement, Siemens shall be an independent <br />contractor and shall not be an employee of the City. Notwithstanding any other city, state, or <br />federal policy, rule, regulation, law, or ordinance to the contrary, Siemens and any of its <br />employees, agents, and subcantractors providing services under this Agreement shall not <br />qualify for or become entitled to, and hereby agree to waive any and all claims to, any <br />compensation, benefit, or any incident of employment by City, including but not limited to <br />eligibility to enroll in the California Public Employees Retirement System (PERS) as an <br />employee of City and entitlement to any contribution to be paid by City for employer <br />contributions and/or employee contributions for PERS benefits. <br />l.a Siemens represents, warrants and covenants to the City that: <br />WPCP Cogeneration 090808 -Page 4 of 60 <br />