Agmt 2008 Siemens Building Technologies Inc

Home

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