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3B Public Hearing 2008 0915
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3B Public Hearing 2008 0915
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9/12/2008 9:50:19 AM
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9/12/2008 9:50:18 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
9/15/2008
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_CC Agenda 2008 0915
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Path:
\City Clerk\City Council\Agenda Packets\2008\Packet 2008 0915
Reso 2008-114
(Reference)
Path:
\City Clerk\City Council\Resolutions\2008
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ENERGY SERVICES DESIGN/BUILD AGREEMENT BETWEEN <br />THE CITY OF SAN LEANDRO AND <br />SIEMENS BUILDING TECHNOLOGIES, INC. <br />THIS ENERGY SERVICES DESIGN/BUILD AGREEMENT ("Agreement") for <br />consulting services is made by and between the City of San Leandro ("City") and Siemens <br />Building Technologies, Inc. ("Siemens") (together sometimes referred to as the "Parties") as <br />of , 2008 (the "Effective Date") in San Leandro, California. <br />DEFINITIONS. The following terms shall, for all purposes of the Contract Documents <br />comprising this Agreement, have the meanings stated herein, unless the context otherwise <br />specifies or requires, or unless otherwise defined in the Contract Documents. <br />"Acceptance" means completion of all elements of Exhibit A- 1, Scope of Work - <br />Design/Build, and approval by the City Council. <br />"Acceptance Date" means the date on which Acceptance has occurred. <br />"Annual Period" means a twelve (12) month period beginning on the Acceptance Date or <br />any anniversary date thereof. <br />"Assist" means that Siemens will cooperate with the City to prepare any needed permit <br />and/or rebate applications relevant to the Work; the City, as owner of the Facility and the <br />Equipment, will then sign and submit the completed application(s) to the appropriate third- <br />party agencies. <br />"STU" a unit of thermal energy defined as a British Thermal Unit. <br />"City Representative" means the person identified to Siemens by the City as the person <br />authorized to make decisions on behalf of the City as set forth in Section 20.10 hereof <br />"Consolidated Operations and Maintenance Manual" means copies of the warranties of <br />machinery, equipment, fixtures and vehicles constituting a part of the Work and all related <br />operating manuals provided by equipment suppliers. <br />"Construction Period" means the period between the date the design is approved by the <br />Engineer and the Acceptance Date. <br />"Deliverables" means all reports, notes, calculations, data, drawings, estimates, <br />specifications, manuals, documents, and computerized materials specifically prepared for the <br />City in connection with the Work, but specifically excluding Instruments. <br />"Effective Date" is the date appearing at the top of this Agreement, unless specifically <br />indicated otherwise. <br />"Engineer" means the City Engineer of the City of San Leandro, State of California, acting <br />either directly or through properly authorized agents, such agents acting within the scope of <br />the particular duties entrusted to them. <br />WPCP Cogeneration 090808 -Page 1 of 60 <br />
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