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City of San Leandro
<br />Installation Agreement
<br />Page 2 of 10
<br />
<br />CLIMATEC INSTALLATION AGREEMENT
<br />This Installation Agreement (“Agreement”) dated December 6, 2021 (“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, C, D, E and F and incorporated herein by reference (hereinafter referred to as the “Work”)
<br />at the total fixed price of Four Million Nine Hundred Ninety Four Thousand Eight Hundred Eighty Four and
<br />00/100 Dollars ($4,994,884.00) 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, deficient conditions existing prior to
<br />this Agreement, etc. not specifically included in this Agreement. Climatec LLC will provide submittals and
<br />engineered drawings (if required), for Purchaser’s technical review and written approval, prior to initiating
<br />construction. As-builts will be provided. All construction and associated cleanup shall be performed and
<br />scheduled so as to minimize any disruption with any ongoing Purchaser activities. Climatec LLC requires all
<br />underground conduits between buildings to be clear of obstruction, of sufficient size to accommodate new wire
<br />and cable, and easily accessible. The Purchaser is responsible for providing Ethernet drops at each location for
<br />Energy Management System communication. This proposal offer is valid until December 20, 2021.
<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 written mutual agreement with the Purchaser. Such revision
<br />constitutes an amendment subject to Section 21. Prior to the contract being signed by both parties, Climatec LLC
<br />reserves the right to revise any or all portions of the Agreement. The scope of work is defined in Attachment A.
<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 />while performing work under this Agreement without charge. Climatec LLC agrees to keep the jobsite clean of
<br />debris arising out of its own operations. Purchaser shall not back charge Climatec LLC for any cost or expenses
<br />without Climatec LLC’s written consent. Unless specifically noted in the statement of the scope of the Work or
<br />services undertaken by Climatec LLC under this Agreement, Climatec LLC’s obligations under this Agreement
<br />expressly exclude any work or service of any nature associated or connected with the identification, abatement,
<br />clean up, control, removal or disposal of environment Hazards or dangerous substances, to include but not to
<br />be limited to asbestos, PCBs, or mold discovered in or on the premises. Any language or provision of the
<br />Agreement elsewhere contained which may authorize or empower the Purchaser to change, modify or alter the
<br />scope of work or services to be performed by Climatec LLC shall not operate to compel Climatec LLC to
<br />perform any work relating to Hazards without Climatec LLC’s express written consent.
<br />
<br />2.1 Term of Agreement. The term of this Agreement shall begin on the Effective Date and shall end on the
<br />date of completion as mutually decided between Purchaser and Climatec LLC, and Climatec LLC shall
<br />complete the work described in Attachment A on or before that date, unless the term of the Agreement
<br />is otherwise terminated or extended, as provided for in Section 8. The time provided to Climatec LLC
<br />to complete the services required by this Agreement shall not affect the Purchaser’s right to terminate the
<br />Agreement, as referenced in Section 8.
<br />
<br />DocuSign Envelope ID: 64BB0189-33AC-48E9-B1D7-D912FB4998D8
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