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City of San Leandro
<br />Installation Agreement
<br />Page 2 of 9
<br />
<br />CLIMATEC INSTALLATION AGREEMENT
<br />This Installation Agreement (“Agreement”) dated September 21, 2020 (“Effective Date”) is made by and between:
<br />
<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 />2150 Towne Centre Place, Suite 200
<br />Anaheim, CA 92805
<br />
<br />
<br />Purchaser and Climatec LLC agree as follows:
<br />
<br />1. INSTALLATION. Climatec LLC shall provide Purchaser with an Energy Efficiency Program, as identified in
<br />Attachment(s) A, B and C and incorporated herein by reference (hereinafter referred to as the “Work”) at the
<br />total fixed price of Eight Million Forty Five Thousand Seven Hundred Eighty One and 00/100 Dollars
<br />($8,045,781.00) including required taxes and Performance Bond (the “Contract Amount”).
<br />
<br />Climatec LLC is responsible for the design, engineering, permits, fees, approvals (except DSA inspections unless
<br />specifically noted in Attachment A), project management, installation, startup, training, checkout, warranty, and
<br />insurance specifically associated with the Work to be performed. Climatec LLC is not responsible for any
<br />equipment, systems, controls, comfort problems, balancing, duct cleaning, existing deficient conditions, etc. not
<br />specifically included in this Agreement. Climatec LLC will provide submittals and engineered drawings (if
<br />required), for Purchaser’s technical review and written approval, prior to initiating construction. As-builts will be
<br />provided. All construction and associated cleanup shall be performed and scheduled so as to minimize any
<br />disruption with any ongoing Purchaser activities. Climatec LLC requires all underground conduits between
<br />buildings to be clear of obstruction, of sufficient size to accommodate new wire and cable, and easily accessible.
<br />The Purchaser is responsible for Ethernet drops at each location for Energy Management System
<br />communication. This proposal offer is valid until December 20, 2020.
<br />
<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 and B.
<br />
<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
<br />under this agreement, Climatec LLC’s obligations under this agreement expressly exclude any work or service
<br />of any nature associated or connected with the identification, abatement, clean up, control, removal or disposal
<br />of 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 />
<br />2a. The term of this Agreement shall begin on the Effective Date and shall end on the date of completion as
<br />mutually 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 />DocuSign Envelope ID: 1DDC1773-ED91-404B-97DD-AC3EFDBAD0DD
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