|
CLIMATEC INSTALLATION AGREEMENT
<br />This Installation .agreement (`'Agreement's dated May 16, 2016("Effective Date') is made by and between:
<br />City of San Leandro
<br />Purchaser') with its principal place of business at
<br />835 E. 14th Street, San Leandro, CA 94577
<br />and
<br />Climatec LLC
<br />With its principal place of business at
<br />18002 Cowan, Irvine, CA 92614
<br />Purchaser and Climatec LLC agree as follows:
<br />1. INSTALLATION. Climatec LLC shall provide Purchaser with an Energy Efficiency Program, as identified in
<br />Attachment(s) A thru E and incorporated herein by reference (hereinafter referred to as the "Work") at the
<br />total fixed price of $5,270.455.00 including required taxes, and Payment Bond and Performance Bond (the
<br />"Contract Amount'. The Payment Bond and Performance bonds include 12 months of coverage for the
<br />warranty period.
<br />Climatec LLC is responsible for the design, engineering, permits, fees, approvals, project management,
<br />installation, startup, training, checkout, warranty, and insurance specifically associated with the Work to be
<br />performed. Climatec LLC is not responsible for any equipment, systems, controls, comfort problems, balancing,
<br />duct cleaning, existing deficient conditions, etc. not specifically included in this Agreement. Climatec LLC will
<br />provide submittals and engineered drawings (if required), for Purchaser's technical review and written approval,
<br />prior to initiating construction. All construction and associated cleanup shall be performed and scheduled so as
<br />to minimize any disruption with any ongoing Purchaser activities. Climatec LLC requires all underground
<br />conduits between buildings to be clear of obstruction, of sufficient size to accommodate new wire and cable, and
<br />easily accessible. The Purchaser is responsible for Ethernet drops at each location for Energy Management
<br />System communication. This proposal offer is valid until August 15, 2016.
<br />2. SCOPE OF WORK. Once this contract is executed by the Purchaser and Climatec LLC, Climatec LLC may
<br />not revise the contract in any way except by mutual agreement with the Purchaser. Prior to the contract being
<br />signed by both parties, Climatec LLC reserves the right to revise any or all portions of the agreement. The scope
<br />of work is defined in Attachments A, B, C, and D.
<br />This agreement is based upon the use of straight time labor only unless stated otherwise in this agreement.
<br />Purchaser agrees to provide Climatec LLC with required field utilities (electricity, toilets, drinking water, etc.)
<br />without charge. Climatec LLC agrees to keep the jobsite clean of debris arising out of its own operations.
<br />Purchaser shall not back charge Climatec LLC for any cost or expenses without Climatec LLC's written consent.
<br />Unless specifically noted in the statement of the scope of the work or services undertaken by Climatec LLC under
<br />this agreement, Climatec LLC's obligations under this agreement expressly exclude any work or service of any
<br />nature associated or connected with the identification, abatement, clean up, control, removal or disposal of
<br />environment Hazards or dangerous substances, to include but not to be limited to asbestos, PCBs, or mold
<br />discovered in or on the premises. Any language or provision of the agreement elsewhere contained which may
<br />authorize or empower the Purchaser to change, modify or alter the scope of work or services to be performed
<br />by Climatec LLC shall not operate to compel Climatec LLC to perform any work relating to Hazards without
<br />Climatec LLC's express written consent.
<br />2a. The term of this Agreement shall begin on the Effective Date and shall end on the date of completion
<br />as mute decided between the City and Climatec LLC and Climatec LLC shall complete the work
<br />described in Attachment A on or before that date, unless the term of the Agreement is otherwise
<br />terminated or extended, as provided for in Section 8. The time provided to Climatec LLC to complete
<br />the services required by this Agreement shall not affect the City's right to terminate the Agreement, as
<br />referenced in Section 8.
<br />*CLIV' City of San Leandro
<br />rRG-- f nay 1 iF �H} - Installation Agreement
<br />Page 2 of 10
<br />
|