HomeMy WebLinkAboutAGMT - Climatec Building Technologies Group (Energry Efficiency Program)17S
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
CITY OF SEAL BEACH
Attn: City Clerk
211 8th Street
Seal Beach, CA 90740
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk- Recorder
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Space of above this line for Recorder's use.
"` No Recording Fee Pursuant to Government Code Section 6103,
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after
Notice is hereby given that:
MAY 19 2017
CITY CLERK
OF SEAL BEACH
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated
below in the property hereinafter described:
2. The full name of the owner is: City of Seal Beach.
3. The address of the owner is: 211 8th Street, Sea! Beach, CA 90740.
4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach.
5. A work of improvement on the property hereinafter is described as substantially completed on
February 27, 2017. The work was the 2014 Energy Efficiency Proiect.
6._The_n_ame of the contractor(s), if any, for such improvement was: Climatec Building
Technologies Group. The date of the Contract Award was April 28, 2014 — --
7. The property on which said work of improvement was completed in the City of Seal Beach,
County of Orange, State of California, and is described as follows: City of Seal Beach.
Date: 1-7
iztk
Deputy Dir for of Public Works, City of Seal Beach
Signature of owner or corporate officer of owner
named in paragraph 2 or agent.
VERIFICATION
I, the undersigned, say: the Director of Public Works declarant of the foregoing notice of
completion; have read said notice of completion and know the contents thereof; the same is true
of my own knowledge.
I declare under penalty perjury the foregoing is true and correct.
Executed on 2017, at Seal Beach, California.
(Date ig ature)
Direc r of ub c W r , ty of Seal Beach
TERMS AND CONDITIONS
ATTACHMENTS
Attachment "A" — Scope of Work
Attachment "B" - Lighting Summary
Attachment "C "- City's Terms and Conditions for the Energy Efficiency Program
Attachment "D" — Payment Procedures
City of Seal Beach
C..UMATEC.. Install agreement
Page 1 of 7
CLIMATEC INSTALLATION AGREEMENT
This Installation Agreement ( "Agreement ") dated April 2, 2014( "Effective Date ") is made by and between:
City of Seal Beach
(`Purchaser ") with its principal place of business at
211 811' Street, Seal Beach CA 90740
and
Climatec LLC
With its principal place of business at
18002 Cowan, Irvine, CA 92614
Purchaser and Climatec LLC agree as follows:
1. INSTALLATION. Climatec LLC shall provide Purchaser with an Energy- Efficiency Program, as identified in
Attachment(s) A and B and incorporated herein by reference (hereinafter referred to as the " Work ") at the total
fixed price of $1,551,333.00 including required taxes and Performance Bond and Payment Bond (the "Contract
Amount ").
Climatec LLC is responsible for the design, engineering, permits, fees, approvals, project management,
installation, startup, training, checkout, warranty, and insurance specifically associated with the Work to be
performed. Climatec LLC is not responsible for any equipment, systems, controls, comfort problems, balancing,
duct cleaning, etc not specifically included in this Agreement. Climatec I..LC will provide submittals and
engineered drawings (if required), for Purchaser's technical review and written approval, prior to initiating
construction. All construction and associated cleanup shall be performed and scheduled so as to minimize any
disruption with any ongoing Purchaser activities. Climatec LLC requires all underground conduits between
buildings to be clear of obstruction, of sufficient size to accommodate new wire and cable, and easily accessible.
The Purchaser is responsible for Ethernet drops at each location for Energy Management System
communication. The 12roposa l associated with this contract is valid until July 1, 2014,
2. SCOPE OF WORK. Once this contract is executed by the Purchaser and Climatec LLC, Climatec LLC may not
revise the contract in any way except by mutual agreement -with the Purchaser. Prior to the contract being signed
by both parties, Climatec LLC reserves the right to revise any or all portions of the agreement.
This agreement is based upon the use of straight time labor only unless stated otherwise in this agreement.
Purchaser agrees to provide Climatec LLC with required field utilities (electricity, toilets, drinking water, etc.)
without charge. Climatec LLC agrees to keep the jobsite clean of debris arising out of its own operations.
Purchaser shall not back charge Climatec LLC for any cost or expenses without Climatec LLC's written consent.
Unless specifically noted in the statement of the scope of the work or services undertaken by Climatec LLC under
this agreement, Climatec I.LC's obligations under this agreement expressly exclude any work or service of any
nature associated or connected with the identification, abatement, clean up, control, removal or disposal of
environment Hazards or dangerous substances, to include but not to be limited to asbestos, PCBs, or mold
discovered in or on the premises. Any language or provision of the agreement elsewhere contained which may
authorize or empower the Purchaser to change, modify or alter the scope of work or services to be performed by
Climatec LLC shall not operate to compel Climatec LLC to perform any work relating to Hazards without
Climatec LLC's express written consent.
Climatec LLC shall provide to Purchaser the labor, equipment, material and services as set forth in this
Agreement and as otherwise reasonably required to design, construct, install and ensure that the Work is properly
installed and fully integrated, tested and operational with all existing futures, appurtenances, furnishings and real
property. Correction of existing deficiencies with fixtures, appurtenances, furnishings and real property, unless
specifically identified in the scope of work, is excluded. In performing the Work, Climatec LLC shall ensure that
the Work- is performed in a professional and workmanlike manner and in compliance with all building codes and
applicable federal, state and local laws and regulations. All costs associated with the purchase, study, labeling, etc.
of light poles from Southern California Edison are a direct cost to Purchaser and not included in this contract.
City of Seal Beach
.. CUMATEC Install Agreement
,r*a Page 2 of 7
3. INVOICING & PAYMENTS. Climatec LLC may invoice the Purchaser for any equipment and /or materials
installed at a job site. Purchaser agrees to pay Climatec LLC amounts invoiced. Progress payments will be made
in compliance with Attachment E of this Agreement. Waivers of lien will be furnished as set forth in Section 4.
4. LIENS AND WAIVERS OF LIENS. Climatec LLC and subcontractors and providers of materials V-111
provide Purchaser with lien waivers or releases with each invoice for work or material provided and will deliver a
copy to the Purchaser. An acknowledgement of full payment from materials suppliers will be delivered to the
Purchaser for all materials provided.
5. BONDS. Prior to the issuance of the notice to proceed by Purchaser, Climatec LLC shall file with the City a
Performance and Payment (Labor and Materials) Bonds {collectively "Bonds ") on a form approved by the
Purchaser's City Attorney in the amount of 100% of the price set forth in Section 1 of this Agreement. The
Bonds shall also name or other lender engaged by the Purchaser as a co- obligee on the bond.
6. COMPLETION. The work specified in Section 1 shall be considered completed upon acceptance by the
Purchaser. Acceptance is defined as when the Work is installed, tested and the Purchaser has the beneficial use
and enjoyment of the Work as follows: (i) Climatec LLC has caused the Work to achieved mechanical
completion which is defined as the point at which all Work of every kind necessary to make the anticipated
improvements useable for its intended function is actually complete and in good working order and any fire /life
safety systems affected by the work are completely integrated with the new work. (Existing deficiencies due to
design or mechanical or application problems are not part of the scope of this Work but if discovered will be
brought to the attention of the Purchaser.) (ii) Climatec LLC has caused the Work to pass acceptance testing
which is defined as the testing of all systems comprising the anticipated improvements in accordance with
accepted protocols and that the Work is fully integrated with the existing equipment and in good working order;
and (iii) the Work is capable of operating safety in accordance with all applicable rules and regulations.
7. TIME OF PERFORMANCE. Climatec LLC shall perform the Work specified in this Agreement in
accordance with the project timeline established at project outset by Climatec LLC and the City Manager. This
timeline shall be incorporated into the provisions of :attachment D and be made part of this Agreement. Time is
of the essence.
8. GOVERNING LAW. The interpretation and implementation of this Agreement shall be governed by the
domestic law of the State of California.
9. PURCHASER NOT OBLIGATED TO THIRD PARTIES. The Purchaser shall not be obligated or liable
under this Agreement to any party other than Climatec LLC.
10. AUTHORITY TO BIND PARTIES. Neither party in the performance of any and all duties under this
Agreement, except as otherwise provided for herein, has any authority to bind the other to any agreements or
undertakings.
11. SITES OF INSTALLATION. Climatec LLC enters onto and accepts the City's premises in an "as is"
condition. Climatec LLC shall ensure that any subcontractors or third parties that enter onto City's premises to
conduct the Work also agree in writing that they accept the City's premises in an "as is" condition. Any existing
safety hazards at City premises as defined by OSHA or CAL OSHA., which would affect the Work are the
responsibility of the City to correct prior to work proceeding in the affected areas.
12. INDEPENDENT CONTRACT. It is agreed between Purchaser and Climatec LLC that Climatec LLC shall
perform the Work as an independent contractor. Climatec LLC may use subcontractors to perform work
hereunder, provided Climatec LLC shall fully pay said subcontractors and in all instances remain fully responsible
for (a) the proper completion of this agreement and (b) supervising such subcontractor's work and for the quality
of the work they produce and (c) providing Purchaser with lien waivers or releases as set forth in Section 4.
13. MATERIALS. All materials shall be new, in compliance with all applicable laws and codes, and shall be covered
by a manufacturer's warranty, if appropriate. If the materials or equipment included in this agreement become
temporarily or permanently unavailable, the time for performance of the work shall be extended to the extent
thereof, and in case of permanent unavailability, Climatec LLC shall (a) be excused from furnishing said materials
City of Seal Beach
CLIMATEC Install Agreement
Page 3 of 7
or equipment, and (b) be reimbursed for the difference between the cost of the materials or equipment
permanently unavailable and the cost of a reasonable substitute therefore.
14. WARRANTY. Climatec LLC warrants that the equipment, including any equipment manufactured by it, and the
associated Work shall be free from defects in material and workmanship arising from normal usage for a
minimum period of one year from delivery of said equipment, or if installed by Climatec LLC, for a period of two
(2) years from the installation date. Within the warranty period, for equipment installed by Climatec LLC, if
Purchaser pro -rides written notice to Climatec LLC of any such defects within thirty (30) days after the
appearance or discovery- of such defect, Climatec LLC shall, at its option, repair or replace the defective
equipment and return said equipment to Purchaser. All transportation charges incurred in connection with the
warranty for equipment not installed by Climatec LLC shall be borne by Purchaser. These warranties do not
extend to any equipment which has been repaired by others, abused, altered or misused, or which has not been
properly and reasonably maintained. These warranties are in lieu of all other warranties, expressed or implied,
including, but not limited to those of merchantability and fitness for a specific purpose. If warranties on
equipment provided under this contract are longer than the periods noted above, Climatec LLC will provide that
information to the Purchaser and pass thru the warranty to Purchaser.
15. LIABILITY. Except for each party's obligation of indemnity and defense as set forth in this Agreement,
Climatec LLC or Purchaser shall not be liable for any special, indirect, or consequential damages arising in any
manner from the equipment or material furnished or the Work performed pursuant to this agreement.
16. TAXES. The price of this agreement includes duties, sale, use, excise or other similar taxes required by federal,
state or local laws in effect at the time of agreement execution. Climatec LLC shall be solely responsible for
payment of said taxes.
17. DELAYS. Climatec LLC shall not be liable for any delay in the performance of the work resulting from or
attributed to acts of circumstance beyond Climatec LLC's control, including but not limited to acts of God, riots,
labor disputes, conditions of the premises, acts or omissions of the Purchaser, or other Contractors or delays
caused by suppliers or subcontractors of Climatec LLC, etc. If Purchaser delays project for greater than 60 days,
Climatec LLC can recover any cost inflation on un -billed materials that were either stored or yet to be purchased.
18. REBATES, UTILITY INCENTIVES, AND GRANTS. Unless otherwise stated in the project scope -of-
work, or cash flow analysis, any and all rebates, incentives, grants that are earned through the course of this
project from public or private utilities, municipalities, development districts or state funding are 100% the
property of Climatec LLC or their designee. The paperwork, inspections and verification required to collect these
monies are the sole responsibility of Climatec LLC. The Purchaser agrees to assist Climatec LLC where required
by the jurisdiction in the form of data required for the application and authorizing signatures. In the event the
Customer incurs expenses related to the processing of the applications, Climatec LLC shall reimburse these direct
costs.
19. TAX CREDITS, TAX DEDUCTIONS AND 179d QUALIFYING CREDITS. Unless otherwise stated in
the contract, any and all eligible tax credits or incentives that can be earned through the course of this project
from State, Local or Federal agencies for energy efficient design are 100% the property of Climatec LLC or their
designee. The paperwork, inspections and verification required to collect these credits are the sole responsibility
of Climatec LLC. The customer agrees to assist Climatec LLC where required by the jurisdiction in the form of
data required for the application and authorizing signatures and/or transfers. In the event the Customer incurs
expenses related to the processing of the applications, Climatec LLC shall reimburse these direct costs.
20. COMPLIANCE WITH LAWS. Climatec LLC shall comply with all applicable federal, state, and local laws and
regulations. 311 licenses and permits required for the prosecution of the work shall be obtained and paid for by
Climatec LLC.
21. DISPUTES. Written notice of any Dispute that arises under the terms of this agreement must be provided to
the other party, describing specific details of the dispute relating to changes in Work or claim for additional
compensation, within seven (7) days of the occurrence of the condition. This notice must be provided via
certified mail. For a reasonable period commencing on the day written notice of Dispute was provided, but not
to exceed thirty (30) days, the parties shall in good faith attempt to resolve the Dispute. If the parties are unable
to resolve the Dispute during this period, the parties shall proceed to binding arbitration. The arbitrator shall be
City of Seal Beach
CLIMATEC Install agreement
Page 4 of 7
neutral and mutually acceptable and the costs shall be borne equally by the parties. . The arbitrator shall
determine all rights and obligations under this Agreement and the award of the arbitrator shall be final, binding,
and enforceable. Any award issued pursuant to this provision may be enforced in a court of competent
jurisdiction, and each party hereby consents to that jurisdiction. All venues for arbitration shall be in the locality in
which the project is located. The prevailing pamT shall recover all reasonable attorney fees and costs incurred in
resolving the dispute.
22. CHANGE ORDER (Mid - Performance Amendments). Climatec LLC and the Purchaser recognize that
Purchaser may desire a mid -job change in the specifications or scope that would add time and cost to the
specified work or inconvenience Climatec LLC or that other change orders are required or request. In such cases,
the change order shall be processed in accordance with the procedures set forth in Attachment C, Section V. Item
H and when agreed upon by both parties, automatically be made a part of this Agreement.
The parties also recognize that other provisions of the Agreement may be difficult to carry out because of
unforeseen events, such as material shortage or labor strikes. If these or other sindlar events beyond the control
of the parties reasonably require adjustments to this agreement, the parties shall make a good faith attempt to
agree on all necessary particulars. Such agreements shall be put in writing, signed by the parties and added to this
agreement using the procedures set forth in Attachment C, Section V, Item H. Failure to reach agreement shall
be deemed a dispute to be resolved as agreed in section 21 of this agreement
23. INSURANCE. Climatec LLC will maintain comprehensive liability and other insurance in amounts not less
than those set forth below during the term of this Agreement. Such insurance shall protect Climatec LLC and the
Purchaser against any claims, losses, liabilities and expenses arising from the Work, whether performed by
Climatec LLC or any subcontractor of Climatec LLC. The coverage shall include:
a. Workmen's Compensation and Employers Liability Insurance - $300,000 each accident; $500,000 each
employee /disease; and $1,000,000 policy limit.
b. Comprehensive or Commercial General Liability - Bodily injury liability of $1,000,000 per occurrence
and general aggregate liability of $2,000,000 per occurrence.
c. Comprehensive Automobile Insurance — Combined single limit of $1,000,000 per occurrence.
d. The policy or policies required shall be issued by an insurer admitted in the State of California and with a
rating of at least an A; NTII in the latest edition of Best's Insurance Guide or by an insurer acceptable to
the Purchaser's Risk - Manager.
e. Climatec LLC agrees that if it does not keep the aforesaid insurance in full force and effect Purchaser
may either immediately terminate this Agreement or, if insurance is available at a reasonable cost,
Purchaser may at its' discretion, take out the necessary insurance and pay, at Climatec LLC's expense,
the premium thereon. Climatec LLC shall promptly reimburse Purchaser in such case.
f Climatec LLC shall maintain on file with the Seal Beach City Clerk, a certificate or certificates of
insurance on the form approved by the Purchaser's Risk Manager, showing that the aforesaid policies
are in effect in the required amounts, along with a waiver of subrogation endorsement for workers'
compensation. The general liability insurance shall contain an endorsement naming the Purchaser (City
of Seal Beach) as an additional insured. This provision shall also apply to any excess liability policies.
All of the policies required under this Agreement shall contain an endorsement providing that the
policies cannot be canceled or reduced except on thirty (30) days prior written notice to Purchaser, and
specifically stating that the coverage contained in the policies affords insurance pursuant to the terms
and conditions as set forth in this Agreement. If a copy of the insurance certificate is not on file prior to
the first day of the term, the Purchaser may deny access to the Premises.
g. The insurance provided by Climatec LLC shall be primary to any coverage available to Purchaser. The
policies of insurance required by this Agreement shall be endorsed to waive subrogation against the
Purchaser, its elected or appointed officers, agents, officials, employees and volunteers or shall
specifically allow Climatec LLC or other providing insurance evidence in compliance with these
City of Seal Beach
. j CLIMA EC Install Agreement
n Page 5 of 7
specifications to waive their right of recovery prior to a loss. Climatec LLC hereby waives its own right
of subrogation against Purchaser.
h. Any deductibles or self- insured retentions must be declared to and approved by Purchaser. At the
option of Purchaser, Climatec LLC shall either reduce or eliminate the deductibles or self- insured
retentions with respect to Purchaser, or Climatec LLC shall procure a bond guaranteeing payment of
losses and expenses.
i. Requirements of specific coverage features or limits contained in this Section are not intended as a
limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by
any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it
pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the
exclusion of other coverage, or a waiver of any type.
If the Purchaser requires that Climatec LLC maintain any special insurance coverage, policy, amendment, or rider,
the Purchaser shall pay the additional cost.
24. INDEMNITY. Climatec I.I.,C shall defend, indemnify, and keep and hold the Purchaser, its officers, employees
and agents, and their successors and assigns, harmless from any and all costs, liability, damage, expense, financial
loss (including reasonable attorneys' fees and costs) arising from any intentional, reckless, negligent, or otherwise
wrongful acts, errors or omissions of Climatec LLC including Climatec LLC's employees, agents, subcontractors
or other representatives, in the performance or nonperformance of this Agreement.
If Climatec LLC or any of its employees, agents, subcontractors of other representatives are injured in the course
of performing the Work, Purchaser and its officers, employees and agents shall not be liable and is exempt from
any and all liability for those injuries to the fullest extent of the law except as arising from any intentional,
reckless, negligent, or otherwise wrongful acts, errors or omissions of the Purchaser.
25. TERMINATION.
a. Purchaser shall have the right to terminate this Agreement for any reason or for no reason upon thirty-
calendar days' written notice to Climatec LLC. Climatec LLC agrees to cease all work under this Agreement
on or before the effective date of such notice.
b. In the event of termination or cancellation of this Agreement by Purchaser, due to no fault or failure of
performance by Climatec LLC, Climatec LLC shall be paid based on the percentage of work satisfactorily,
performed at the time of termination. If termination is due to fault or failure of performance by Climatec
LLC, Climatec LLC shall be paid based on that percentage of work that is satisfactory and for which the
purchaser has beneficial use. In no event shall Climatec LLC be entitled to receive more than the amount
that would be paid to Climatec LLC for the full performance of the services required by this .Agreement.
Climatec LLC shall have no other claim against Purchaser by reason of such termination, including any claim
for compensation. Climatec LLC may not terminate this Agreement except for Purchaser's non - payment
upon an Invoice within sixty (60) days of Purchaser's receipt thereof.
26. OCCUPATIONAL SAFETY AND HEALTH. The Parties hereto agree to notify each other immediately
upon becoming aware of any alleged violation of, the Occupational Safety and Health Act (OSI LA) relating in any
way to the project or project site.
27. ENTIRE AGREEMENT. This agreement, upon acceptance, shall constitute the entire agreement between the
parties and supersedes any prior representations or understandings.
28. CHANGES. No change or modification of any of the terms and conditions stated herein shall be binding upon
either party unless accepted by both parties in writing.
29. SEVERABILITY. If one or more of the provisions of this agreement are held to be unenforceable under laws,
such provision(s) shall be excluded from these terms and conditions and the remaining terms and conditions shall
be interpreted as if such provision were so excluded and shall be enforced in accordance to their terms and
conditions.
City of Seal Beach
CLIMATEC Install Agreement
Page 6 of 7
30. COUNTERPARTS. This agreement may be executed in multiple counterparts, each of which shall be deemed
an original and all of which together shall constitute one and the same instrument. A signature on a copy of this
agreement received by either party by facsimile or portable document format (PDF) is binding upon the other
party as an original. The parties shall treat a photocopy of such facsimile as a duplicate original.
31. ASSIGNMENT. Climatec LLC retains the right to assign its rights and obligations of this agreement with
written consent of Purchaser.
32. ACKNOWLEDGMENT. Both Chmatec LLC and the Purchaser acknowledge having read this agreement and
all contract documents incorporated herein and have executed this agreement on the date written above.
33. APPROVAL.. Each party represents that the person that has executed this agreement on it's' behalf is authorized
to do so.
IN WITNESS WHEREOF, the parties have caused their duly authorized officers to execute this Agreement effective as of
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Chmatec LLC
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City of Sea] Beach
CLIMATEC Install Agreement
Page 7 of 7
Attachment "A"
Scope of Work
City of Seal Beach
CLIMATEC Install Agreement — Att A
Page 1of5
CITY HALL/COUNCIL CHAMBERS
Replace the existing thermostats with an Alerton Building Automation System (BAS). The BAS will be a
non-proprietary, networked energy management system tied to the heating/cooling units that will provide
substantial temperature control improvements and ease of schedule changes. During occupied periods,
heating and cooling set points will be maintained with the user able to change set points within a
preprogrammed amount. Along with providing the City with additional scheduling and monitoring
capabilities, this energy conservation measure will also generate substantial energy savings, reduce Nl&O
expenditures and improve occupant comfort.
Replace the electric controls on the multi-zone unit with new Alerton controls. This will allow the BAS to
operate this unit at optimal level of efficiency.
Install CO2 based demand control ventilation on the multi-zone unit serving the City Hall. Energy
efficiencies will come from reduced cooling load due to lower outside air flow during unoccupied periods.
This measure will also provide proper ventilation of the occupied spaces.
Provide air balance and clean the ductwork- at City Hall. This will improve the airflow throughout the
building and resolve the comfort issue for the staff members.
Retrofit existing lighting fixtures to the latest generation of T8 lamps and electronic ballasts which will
increase energy savings and provide longer lamp life. Please see the attached lighting scope summary
located in Supplemental Documentation for specific locations and applications.
Replace the existing incandescent lamps in the Council Chambers with new LED technology. This will
provide very good light quality, long life and instant start capability. Please see the attached lighting scope
summary located in Supplemental Documentation for specific locations and applications.
Replace the exterior lighting systems with high efficiency LED lighting that provide very good fight quality,
long life and instant start capability. Please see the attached lighting scope summary located in Supplemental
Documentation for specific locations and applications.
Replace the existing incandescent lamps with new LED technology. This will provide very good light
quality, long life and instant start capability. Please see the attached lighting scope summary located in
Supplemental Documentation for specific locations and applications.
Replace the existing thermostats with an Alerton Building Automation System (BAS). The BAS will be a
non-proprietary, networked energy management system tied to the heating/cooling units that will provide
substantial temperature control improvements and ease of schedule changes. During occupied periods,
heating and cooling set points will be maintained with the user able to change set points within a
preprogrammed amount. Along with providing the City with additional scheduling and monitoring
capabilities, this energy conservation measure will also generate substantial energy savings, reduce M&O
expenditures and improve occupant comfort.
Retrofit existing lighting fixtures to the latest generation of T8 lamps and electronic ballasts which will
increase energy savings and provide longer lamp life. Please see the attached lighting scope summary
located in Supplemental Documentation for specific locations and applications.
Replace the exterior fighting systems with high efficiency LED fighting that provide very good light qualfty,
long life and instant start capability. Please see the attached fighting scope summary located in Supplemental
Documentation for specific locations and applications.
City of Seal Beach
CLIMATEC Install Agreement — Art A
Page 2 of 5
LIBRARY /SENIOR CENTER
'A Replace (2) condenser coils with new high efficiency coils of similar size and capacity. Complete a thorough
check of the units and note deficiencies to the City staff.
MARINA COMMUNITY CENTER
Install a dedicated, ductless split system unit for the art room. The scope includes the necessary duct
modification, disconnect /reconnect the existing electrical, condensate connections, control connections
and startup /testing of the new unit.
Retrofit existing lighting fixtures to the latest generation of T8 lamps and electronic ballasts which will
increase energy savings and provide longer lamp life. Please see the attached lighting scope summary
located in Supplemental Documentation for specific locations and applications.
Replace the exterior lighting systems with high efficiency LED lighting that provide very good light quality,
long life and instant start capability. Please see the attached lighting scope summary located in Supplemental
Documentation for specific locations and applications.
Retrofit the standard metal halide HID fixtures at the tennis courts with new generation lower wattage
pulse start metal halide lighting systems. Please see the attached lighting scope summary located in
Supplemental Documentation for specific locations and applications.
'A Install a coin operated system to turn on the lights for the (2) tennis courts for a set period of time.
NORTH SB COMMUNITY CENTER
'A Retrofit existing lighting fixtures to the latest generation of T8 lamps and electronic ballasts which will
increase energy savings and provide longer lamp life. Please see the attached lighting scope summary
located in Supplemental Documentation for specific locations and applications.
Replace the existing incandescent lamps with new LED technology. This will provide very good light
quality, long life and instant start capability. Please see the attached lighting scope summary located in
Supplemental Documentation for specific locations and applications.
�+ Replace the exterior lighting systems with high efficiency LED lighting that provide very good light quality,
long life and instant start capability. Please see the attached lighting scope summary located in Supplemental
Documentation for specific locations and applications.
POLICE HEADQUARTERS
Replace the existing thermostats with an Alerton Building Automation System (BAS). The BAS will be a
non - proprietary, networked energy management system tied to the heating /cooling units that will provide
substantial temperature control improvements and ease of schedule changes. During occupied periods,
heating and cooling set points will be maintained with the user able to change set points within a
preprogrammed amount. Along with providing the City with additional scheduling and monitoring
capabilities, this energy conservation measure will also generate substantial energy savings, reduce M &O
expenditures and improve occupant comfort.
Provide BAS control of manually controlled exterior lighting systems. This shall improve building control,
reduce electrical loads and reduce maintenance.
Replace (18) roof top package units with new high efficiency units of similar size and capacity. The scope
will include installation of the new units, electrical connections, and start -up /testing. Please see the
mechanical replacement inventory for specific locations.
City of Seal Beach
CLIMATEC Install Agreement — Att A
Page 3 of 5
Retrofit existing lighting fixtures to the latest generation of T8 lamps and electronic ballasts which will
increase energy savings and provide longer lamp life. Please see the attached lighting scope summary
located in Supplemental Documentation for specific locations and applications.
Replace the existing incandescent lamps with new LED technology. This will provide very good light
quality, long life and instant start capability. Please see the attached lighting scope summary located in
Supplemental Documentation for specific locations and applications.
SEAL BEACH LIFEGUARD PIER
Retrofit existing lighting fixtures to the latest generation of T8 lamps and electronic ballasts which will
increase energy savings and provide longer lamp life. Please see the attached lighting scope summary
located in Supplemental Documentation for specific locations and applications.
TENNIS CENTER
'A Retrofit existing lighting fixtures to the latest generation of T8 lamps and electronic ballasts which will
increase energy savings and provide longer lamp life. Please see the room by room lighting inventory for
specific locations and applications.
Replace the existing incandescent lamps with new LED technology. This will provide very good light
quality, long life and instant start capability. Please see the attached lighting scope summary located in
Supplemental Documentation for specific locations and applications.
Replace the parking lighting systems with high efficiency LED lighting that provide very good light quality,
long life and instant start capability. Please see the attached lighting scope summary located in Supplemental
Documentation for specific locations and applications.
k Replace the exterior lighting systems with new sports lighting technology. Please see the attached lighting
scope summary located in Supplemental Documentation for specific locations and applications.
Install (1) fully automated, "Smart," weather based irrigation controller. This will provide scheduling, alerts,
and satellite control of the irrigation system.
BLUE BELL PARK
Install (1) fully automated, "Smart," weather based irrigation controller. This will provide scheduling, alerts,
and satellite control of the irrigation system.
WINDSURF PARK
Install (1) fully automated, "Smart," weather based irrigation controller. This will provide scheduling, alerts,
and satellite control of the irrigation system.
EISENHOWER PARK
Install (1) fully automated, "Smart," weather based irrigation controller. This will provide scheduling, alerts,
and satellite control of the irrigation system.
Install (1) coin operated system to turn on the showers for a set period of tune.
EDISON PARK
Install (2) fully automated, "Smart," weather based irrigation controllers. This will provide scheduling,
alerts, and satellite control of the irrigation system.
City of Seal Beach
CLIMATEC Install Agreement — Att A
Page 4 of 5
STREET LIGHTS
Lighting Scope LS -1
Help facilitate the City's purchase of LS -1 Street Lights from SCE.
Retrofit available HPSV existing fixtures with new LED fixtures per SCE's findings after their engineering
study is completed
Install Photo controls to match LED fixtures that are retrofitted.
Lighting Scope LS -2
Retrofit available HPSV and MV existing fixtures with new LED fixtures per the LS -2 inventory provided
by SCE.
'^ Install Photo controls for LS -2 fixtures as identified by SCE.
City of Seal Beach
CUMATEC Install Agreement — Att A
Page 5of5
Attachment "B"
Lighting Summary
City of Seal Beach
CUPWATEC Install Agreement — Att B
Page 1 of 15
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Attachment "C"
City's Terms and Conditions for the Energy Efficiency
Program
City of Seal Beach
CLIMATEC Install Agreement — -Art C
Page 1 of 8
CITY'S TERMS AND CONDITIONS FOR THE ENERGY EFFICIENCY PROGRAM
For purposes of this Attachment, the term "Contract" shall mean the Climatec Installation Agreement, "City" shall mean
Purchaser and "Contractor" shall mean Climatec LLC, including any subcontractors retained by Climatec LLC to perform
the Work.
RETENTION: In accordance with the payment procedures set forth in Section 3 of the Contract, five percent of
any progress payment will be withheld as a retention.
II. PERICORM ANCE PERIOD. CONTRACTOR shall commence Work within fifteen (15) business days of receipt
of Notice to Proceed from CITY, and CONTRACTOR agrees to complete all Work in accordance with the
Timeline established pursuant to Section ? of the Contract.
A. If all the Contract work is not satisfactorily completed in full within the time specified in this Contract,
CITY shall have the right to grant or deny an extension of time for completion.
B. The CONTRACTOR shall not be assessed with liquidated damages during any delay in the completion
of the work caused by circumstances beyond the control of CONTRACTOR including, without
limitation, acts of God or of the Public Enemy, acts of the State, fire not due to acts of contractors or
subcontractors, floods, epidemics, quarantine, restrictions, strikes, freight embargo or unusually or
severe weather, or delays of subcontractors due to such causes, provided that the CONTRACTOR shall,
w =ithin ten (10) days from the beginning of such delay, notify CITY, in writing, of the cause of the delay.
III. LIQUIDATED DANLIGES: Time is of the essence in this Contract. Should CONTRACTOR fail to complete
the project, or any part thereof, in the time agreed upon in the Contract or within such extra time as may have
been allowed for delays or extensions granted as provided in the Contract, CONTRACTOR shall reimburse
CITY for the additional expense and damage for each calendar day that the Contract remains uncompleted after
the Contract completion date. It is agreed that the amount of such additional expense and damage incurred by
reason of failure to complete the Contract is the per diem rate of $500.00 per calendar day. Such amount is
hereby agreed upon as liquidated damages for the loss to CITY resulting from the failure of CONTRACTOR to
complete the project within the allotted time and to the value of the operation of the works dependent thereon.
INT. WORK TO BE PERFORMED.
A. Scope of Work. CONTRACTOR shall furnish at CONTRACTOR's own expense all labor, materials,
supplies, equipment, tools, parts, implements, transportation and other items of expense necessary for,
or appurtenant to, the "Work" and in accordance with the terms and conditions of this Contract. The
Work shall be as described in the Contract and its Attachments A and B, and otherwise as set forth
herein.
B. The Work shall be done in accordance with all applicable local, State and federal laws, statutes and
regulations and unless otherwise indicated in writing by Purchaser's City Engineer before the start of the
Work, with the provisions of the most current edition of "STANDARD SPECIFICATIONS FOR
PUBLIC WORKS CONSTRUCTION" (commonly known as "the GREEN BOOK ") including
Supplements, prepared and promulgated by the Southern California Chapter of the American Public
Works association and the Associated General Contractors of California, which specifications are
hereinafter referred to as the "Standard Specifications" and are incorporated herein by this reference. In
the event of a conflict, the provisions of the Detailed Specifications shall apply and/or shall supersede,
as the case may be, provisions of the Standard Specifications.
Citv of Seal Beach
�j CLIMATEC Install agreement — Art C
Page 2 of 8
V, SPECIAL CONDITIONS.
A. Storage. Storage will be limited to the project area.
B. Temporary Structures. CONTRACTOR shall provide all temporary structures, measures, apparatus
and services required to prosecute the Work under this Contract.
C. Utilities. All utility service and building system connections or required interruptions shall be
coordinated in advance with CITY.
D. Trash Removal. Rubbish, debris, waste, dust or surplus materials shall not be allowed to accumulate
and shall be removed continuously and disposed of by the CONTRACTOR as the work progresses.
Specific rubbish removal companies are allowed to operate within the CITY, a list of these companies
may be obtained by contacting the City's Public Works Director.
E. Drawings, Warranties and Service Manuals. CONTRACTOR shall submit as -built drawings,
warranties and service manuals upon completion of the work.
F. Materials and Workmanship.
CITY shall have the right to inspect any material used. Material furnished shall be new,
complete, ready -for -use and of the latest model, shall not have been used in demonstration or
other services and shall have all the usual equipment as shown by its manufacturer's current
specifications and catalogs, unless otherwise specified. Equipment, supplies or services that fail
to comply with the Contract requirements regarding design, material or workmanship may be
rejected at the option of CITY. Any materials rejected shall be removed from CITY premises
at the CONTRACI'OR's sole expense.
2, All Work must be approved by CITY. For unsatisfactory Work not corrected after providing
CONTRACTOR reasonable notice and opportunity to correct same, CITY may, at its option,
withhold payment for the unsatisfactory Work, deduct the amount from the invoiced amount,
or have the Work corrected by another contractor at CONTRACTOR's cost and expense.
G. License and Permits. Except as provided in this subsection, the CONTRACTOR shall obtain and pay
for all permits and licenses required by federal, state or local law, rule or regulation and pay all charges
and fees and give all notices necessary and incidental to the due and lawful prosecution of the work.
Costs for obtaining CITY permits required under this Contract will not be waived. NOTE: 311
requirements for obtaining permits (including CITY permits) remain in effect and are not waived.
171. Changes to the Work.
CITY may by written notice initiate any change within the scope of the Contract. If
CONTRACTOR desires to make any change, CONTRACTOR must submit a written request
for that change to CITY, but CONTRACTOR may make that change only upon written order
of CITY. The changes may or may not result in a change in the amount of Work. When the
CONTRACTOR considers that any change order in writing by CITY involves extra work, the
CONTRACTOR shall immediately notify CITY in writing as to when and where extra work is
to be performed and shall make claim for compensation each month not later than the first day
of the month following that in which the work claimed as extra work was performed. If the
changes do, in the opinion of CITY, change the amount of Work, the Contract Price shall be
adjusted as "extra work ". Any work ordered by CITY shall be performed by CONTRACTOR.
Citv of Seal Beach
CLIMATEC Install Agreement — Att C
Page 3 of 8
Any disputes arising from the changes to the work shall be resolved as set forth in paragraph K
of Section VII of this Exhibit.
2. Extra work, when ordered and accepted pursuant to paragraph 1 of this subsection shall be
paid for under a written work order in accordance with the terms therein provided. Payment
for extra work will be made at the unit price or lump sum agreed upon between
CONTRACTOR and CITY. All extra work shall be adjusted daily upon report sheets prepared
by CITY, furnished to the CONTRACTOR, and signed by both parties, and said daily reports
shall be considered thereafter the true record of extra work done.
VI. BONDS. Prior to the execution of this Contract, CONTRACTOR shall file with CII"Y the bonds and certificates
of insurance specified herein.
A. Performance and Payment Bonds. The CONTRACTOR shall file with CITY a Performance and
Payment (Labor and Materials) Bonds on the forms approved by the City Attorney, respectively, in the
amount of 100% of the Contract Price
B. Requirement for acceptance of sureties.
1. The surety on any bond or undertaking must be a corporation authorized by the Insurance
Commissioner of the Department of Insurance of the state to transact surety business in the
state, and
2. There must be on file with the City Clerk of CITY or submitted with the bond, a copy, duly
certified by the proper authority and attested by the seal of the corporation, of the transcript or
record of appointment entitling or authorizing the person or persons purporting to execute an
undertaking or bond for and on behalf of such corporation to act in the premises
VM LEGAL RELATIONS AND RESPONSIBILITY TO THE CITY
A. Laws to Be Observed. The CONTRACTOR shall be knowledgeable of all State and national laws and
all municipal ordinances and regulations of the CITY, which in any manner affect those employed in the
work, or the material used in the work, or which in any way affect the conduct of the work, and of all
such orders and decrees of bodies or tribunals having jurisdiction or authority over the same. The
CONTRACTOR shall particularly, observe all ordinances of the CITY in relation to the obstruction of
streets or conduct of the work, keeping open passageways and protecting the same where they are
exposed or dangerous to traffic.
B. Social Security Requirements. The CONTRACTOR shall furnish to CITY satisfactory evidence that
he/she and all subcontractors are complying with all requirements of the Federal and State Social
Security legislation. The CONTRACTOR, at any time on request, shall satisfy CITY that the Social
Security and Withholding "Tax are being properly reported and paid.
C. Labor Laws and Prevailing Wages. CONTRACTOR shall comply with and adhere to all applicable
labor laws, such as, but not limited to, alien labor, prevailing wages, etc. CONTRACTOR shall comply
with the provisions of Sections 1770- 1777.5 of the California Labor Code.
1. In accordance with the provisions of Section 1770 et seq., of the Labor Code, the Director of
the Department of Industrial Relations of the State of California has ascertained the general
prevailing rate of wages applicable to the work to be done under contract for public
improvement. The CONTRACTOR shall pay to all employees on the project sums not less
than the sums set forth in the documents entitled "General Prevailing Wage Determination
�+
City of Seal Beach
CUMATEC Install Agreement — Att C
Page 4of8
made by the Director of Industrial Relations pursuant to California Labor Code Part 7,
Chapter 1, Article 2, Sections 1770, 1773 and 1773.1."
2. CONTRACTOR shall execute simultaneously with the execution of this Contract a statement
acknowledging obligation to comply with California Labor Law requirements. That statement
must be made on a form approved by CITY and upon execution by CONTRACTOR and
acceptance by CITY shall be incorporated herein by reference.
D. Payroll Records. The CONTRACTOR's attention is directed to Section 1776 of the Labor Code,
relating to accurate payroll records, which impose responsibility upon the CONTRACTOR for the
maintenance, certification, and availability for inspection of such records for all persons employed by the
CONTRACTOR or by the subcontractors in connection with the project. The CONTRACTOR shall
agree through the Contract to comply with this section and the remaining provisions of the Labor Code.
K Working Hours. CONTRACTOR's workers and subcontractors employed in the execution of this
Contract shall not be required to work more than eight (8) hours in any one calendar day and forty (40)
hours in any one calendar week, in violation of the provisions of Article 3, Chapter 1, Part 7, Division 2
of the Labor Code (Section 1810 et seq.).
F. Apprentices. Attention is directed to the provisions of Sections 1777.5 and 1777.6 of the Labor Code
concerning the employment of apprentices by the CONTRACTOR or any subcontractor. The
CONTRACTOR and all subcontractors shall comply with the requirements of said sections in the
employment of apprentices. Information relative to apprenticeship standards and administration of the
apprenticeship program may be obtained from the Department of Industrial Relations, San Francisco,
California, or from the Division of Apprenticeship Standards and its branch offices.
G. Fair Employment Practices /Equal Opportunity Acts. In the performance of the Work described in
this Contract, CONTRACTOR and every supplier of materials and services shall comply with all
applicable provisions of the California Fair Employment Practices Act (California Government Code
Sections 12940 -48) and the applicable equal employment provisions of the Civil Rights Act of 1964 (42
U.S.C. �§ 200e -217), whichever is more restrictive.
H. Registration of Contractors. Only a Contractor licensed in accordance with the provisions of Chapter
9, Division 3 of the Business and Professions Code shall be permitted to enter into a contract with the
CITY for any public improvement. The CONTRACTOR shall at all times possess a valid California
Contractor's License Class A, and any other licenses required by law to perform the work.
I. Patents and Property Rights. The CONTRACTOR shall assume all responsibility arising from the use
of materials, equipment, devices, or processes that are patented or allegedly patented, and /or that are the
subject of intellectual or proprietary property rights, used on or incorporated in the work, and shall
defend, indemnify, and hold harmless CITY, and each of its officers, agents, and employees from and
against any and all liabilities, demands, claims, damages, losses, costs, and expenses, of whatsoever kind
or nature, arising from such use if a result of Patent or Property Rights issues.
Indemnity. Indemnification as set forth in Section 24 of the Agreement.
K. Resolution of Claims and Disputes. Public Contract Code Section 20104 et seq. applies to this
Contract. Those Public Contract Code Sections are incorporated by reference herein. In any arbitration
to resolve a dispute relating to or arising out of this Contract, the arbitrator's award shall be supported
by law and substantial evidence. The arbitrator shall file a written decision with the court and serve a
City of Seal Beach
• GLIMATEC-0 Install Agreement — Art C
Page 5of8
copy of it on each of the parties. The written decision shall contain a summary of the evidence, reasons
underlying the decision, and unless the parties otherwise agree, findings of fact and conclusions of law.
L. Assignment of Unfair Business Practices. In entering into a public works contract or a subcontract
to supply goods, services, or materials pursuant to a public works contract, the CONTRACTOR or a
subcontractor offers and agrees to assign to CITY all rights, title, and interest in and to all causes of
action it may have under Section 4 of the Clayton Net (15 U.S.C. Sec. 15) or under the Cartwright Act
(Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions
Code), arises from purchases of goods, services, or materials pursuant to the public works contract or
the subcontract. This assignment shall be made and become effective at the time CITY tenders final
payment to the CONTRACTOR, without further acknowledgment by the parties.
VIII. PROSECUTION AND PROGRESS OF THE WORK
A. Subletting and Assignment.
The CONTRACTOR shall give personal attention to the fulfillment of this Contract and shall
be in control of the work. The CONTRACTOR shall not assign, transfer nor sublet any part
of the Work, nor shall the Contract be assigned, transferred, or sublet, in whole or in part,
without the written consent of CITY and of the Surety of the CONTRACTOR's bond, and
such consent of Surety, together with a copy of the subcontract, shall be filed with CITY. No
assignment, transfer or subletting, even though consented to, shall relieve the CONTRACTOR
of liability under the Contract. Subcontractors shall not be recognized as such, and all persons
engaged in the project will be considered as employees of the CONTRACTOR, their work
being subject to the provisions of the Contract and the specifications. Should any
subcontractor fail to perform work to the satisfaction of CITY said subcontractor shall be
removed immediately from the project and shall not again be employed on the work, and the
CONTRACTOR shall be held liable for the deficient work.
2. CONTRACTOR shall provide a list of all subcontractors performing more than one -half of
one percent (1 %) of the total contract amount.
3. Any assignment, transfer or subletting of the Contract in violation of this subsection A is null
and void.
B. Character of Workman - The CONTRACTOR shall employ none but competent foremen, laborers,
and mechanics. Any overseer, superintendent, laborer or other person employed on the work by the
CONTRACTOR who is intemperate, incompetent, troublesome, or otherwise undesirable, or who fails
or refuses to perform the work in the manner specified herein, shall be discharged immediately and such
person shall not again be employed on the work.
C. Agents or Foreperson - In the absence of the CONTRACTOR from the site of the project, even if
such is only of a temporary duration, the CONTRACTOR must provide and leave at the site a
competent and reliable agent or foreperson in charge.
D. Temporary Stoppage of Construction Activities. CITY shall have the authority to suspend the
Contract work wholly or in part, for such a period of time as it may deem necessary, due to unsuitable
weather, or to such other conditions as he considers unfavorable for the proper prosecution of the
work, or for such time as he may deem necessary due to failure on the part of the CONTRACTOR to
carry out orders or to perform any of the requirements of this Contract. The CONTRACTOR shall
City of Seal Beach
CUMIATEC Install Agreement — Att C
Page 6 of 8
immediately comply with such an order from CITY and shall not resume operations until so ordered in
writing.
E. Removal of Defective or Unauthorized work. Only first class work, materials, and workmanship will
be acceptable. All work which is defective in its construction or deficient in any of the requirements of
the specifications shall be remedied, or removed and replaced by the CONTRACTOR in an acceptable
manner, and no compensation will be allowed for such correction. Any work done beyond the lines
shown on the plans, or any extra work done without written authority will be considered as
unauthorized and will not be paid for. CITY shall have authority to cause defective work to be remedied
or removed and replaced, and unauthorized work to be removed, and to deduct the costs thereof from
any monies due or to become due the CONTRACTOR.
F. Supervision. All manufactured products, materials, and appliances used and installed and all details of
the work done shall at all times be subject to the supervision, test, and approval of CITY. CITY shall
have access to the work at all times during construction, and shall be famished with every reasonable
facility for securing full knowledge with regard to the progress, workmanship and character of the
materials used or employed in the work.
G. Final Cleaning Up. Upon completion of the project and before making application to CITY for
acceptance of the work, the CONTRACTOR shall clean all the streets and grounds occupied by him in
connection with the project, of all rubbish, debris, excess material, temporary structures and equipment,
leaving the entire site of the work in a neat presentable condition.
H. Loss or Damage. Any loss or damage (not consequential) arising from any otnission or act of the
CON'I'R iCTOR or any agent or person employed by him or by any action which had not been
authorized in the provisions of the specifications, shall be sustained by the CONTRACTOR.
Ix. SAFETY AND PROTECTION OF WORKERS.
A. Pursuant to Public Contract Code Section 7104, if any work under this Contract involves digging
trenches or other excavations that extend deeper than four feet below the surface:
The CON "TRACTOR shall promptly, and before the following conditions are disturbed, notify
CI'T'Y, in writing, of any:
a) :Material that the CONTRACTOR believes may be material that is hazardous waste,
as defined in Section 25117 of the Health and Safety Code that is required to be
removed to a Class 1, Class II, or Class III disposal site in accordance with provisions
of existing law.
b) Subsurface or latent physical conditions at the site differing from those indicated.
C) Unknown physical conditions at the site of any unusual nature, different materially
from those ordinarily encountered and generally recognized as inherent in the work of
the character provided for in the Contract.
2. CITY shall promptly investigate the conditions, and if it finds that the conditions do materially
so differ, or do involve hazardous waste, and cause a decrease or increase in the
CONTRACTOWs cost of, or the time required for, performance of any of the work shall
issue a change order under the procedures described in the Contract.
City of Seal Beach
CUMATEC Install Agreement — Att C
Page 7of8
3. In the event that a dispute arises between CITY and the CONTRACTOR, whether the
conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the
CONTRACTOR's cost of, or time required for, performance of any part of the work, the
CONTRACTOR shall not be excused from any scheduled completion date provided for by
the Contract, but shall proceed with all work to be performed under the Contract. The
CONTRACTOR shall retain any and all rights provided either by Contract or by law which
pertain to the resolution of disputes and protests between the contracting parties.
B. As required by Labor Code Section 6705 and in addition thereto, whenever work under the Contract
that involves an estimated expenditure in excess of twenty-five thousand dollars ($25,000) for the
excavation of any trench or trenches five (5) feet or more in depth, CONTRACTOR shall submit for
acceptance by CITY in advance of excavation, a detailed plan showing the design of shoring, bracing,
sloping, or other provisions to be made for worker protection from the hazard of caving ground during
the excavation, of such trench or trenches. If such plan varies from the shoring system standards
established by the Construction Safety Orders of the Division of Industrial Safety, the plan shall be
prepared by a registered civil or structural engineer employed by CONTRACTOR, and all costs
therefore shall be included in the price of the Contract. Nothing in this provision shall be deemed to
allow the use of a shoring, sloping, or other protective system less effective than that required by the
Construction Safety Orders. Nothing in this provision shall be construed to impose tort liability on the
CITY or on any CITY officer, agent, consultant, representative, or employee. All plans, processing and
shoring costs are CONTRACTOR's responsibility and must be included in CONTRACTOR's bid.
X. THIRD -PARTY CLAIMS. Pursuant to Public Contract Code Section 9201, the City has full authority to
compromise or otherwise settle any claim relating to this Contract at any time. The CITY shall timely notify
CONTRACTOR of the receipt of any third -party claim relating to the Contract. The CITY shall be entitled to
recover its reasonable costs incurred in providing the notification required by Public Contract Code
Section 9201(b).
XI. LICENSES. CONTRACTOR is aware of California Labor Code Sections 1777.1 and 1777.7, which prohibit
CONTRACTOR or any subcontractors who have been found by the Labor Commissioner or the Director of
Industrial Relations to be in violation of certain provisions of the Labor Code, from bidding on, being awarded,
or performing work as a contractor or subcontractor on a public works project for specified periods of time.
City of Seal Beach
CUMATEC Install Agreement — Att C
Page 8 of 8
Attachment "D"
Payment Procedures
City of Seal Beach
CLIMATEC Install Agreement — Att D
Page I of 3
PAYMENT PROCEDURES
For purposes ofthis Attachment, the term "Contract" shall mean the Cbnatec Installation Agreement, ^City' shall mean
Purchaser and '^Coutr^cmr" shall mean CUoauzLlC.
1. PROGRESS PAYMENTS
1.1. Based upon Applications for Payment submitted to the City' the City shall make progress poyosemoo on
account of the Contract Sum u, the Contractor wo provided below.
1.2. The period covered 6r each Application for Payment shall 6e one calendar month.
1.3. City shall make payment to the Contractor within thirty (30) days after receipt of a proper Application
for Payment.
1.4. Each Application for Payment shall be based upon the approved Schedule of Values submitted by the
Contractor. The Schedule ofValues shall allocate the entire Contract Sum among the various portions
of the Wn6' and be prepared in such form and supported by such data to substantiate its accuracy as
may be required.
1.5� Applications for Payment shall indicate the percentage of completion nfeach portion nF the Work o,vf
the end nf the period covered 6v the Application for payment.
1.6. The amount oF each progress payment shall 6e computed uofollows;
1.6.1. Iukc that portion of the [vutruc/ Sum properly uUoca6{c to cmozp|rtcJ 'Work as determined by
the percentage completion of each yor6uo of the Work by the u6uuc of the total Contract
Soco uUocucc6 to that portion of the Work in the Schedule of Values, less zcucotiou of five percent
(S%).
1.62. ^{dJ that portion of the Contract 3uoz properly xUocu6]c to materials and equipment 6n8vcreJ and
suitably stored at the site for subsequent incorporation in the completed construction (or, if approved
io advance 67the City, suitably stored off the site o|u location agreed upon iu . less retention of
five percent (5�4,).
1.6.3. Subtract the aggregate of previous payments made 6v the City.
1.7. Reduction mo limitation oFozaiouge, if any, shall 6c upon written request by, the Contractor. The City,
at its discretion, may reduce the total retention withheld ozrelease retention for u specific item ofwork
where extended withholding nf retention is not warranted.
1.8. Securities may 6c provided iu lieu oEzcta6zugeusfollows:
L8.1. /\t the request and expense ofthe Contractor, upon execution ofu proper escrow agreement, securities
equivalent m the amount withheld shall be deposited with the public agency as the escrow agent, or
with u o,uoc or federally chartered bank nn the cocoo= agent, and the public agency shall then pay such
monies *n the Contractor.
1.8.2. Upon satisfactory completion of the contract, the securities shall 6c returned *, the Contractor.
1.8.3. Securities eligible for investment under this section shall include Kx,se listed in Sco6mo 16430 of
Government Code, 6omk or savings and loan certificates of deposit, interest bearing demand deposit
accounts, stariffiv letters of credit, or any other security mutually agreed to by the Contractor and the
City of Seal Beach
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1.8.4. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall
receive any interest thereon.
1.8.5. The escrow agreement to be used shall be in the form set forth in Public Contract Code Section 22300,
2. FINAL PAYMENT
2.1. Final Payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the City to
the Contractor when (1) the Contract has been fully performed by the Contractor except for the
Contractor's responsibility, to correct nonconforming Work as agreed to between the City and the
Contractor; and (2) a final Certificate for Payment has been submitted by the Contractor and approved
by the City; and (3) the work has been accepted by the City Council of the City of Seal Beach; and (4) a
Notice of Completion has been filed. Final payment shall be made by the City not more than forty (40)
days after completion of the above, but only to the extent that no stop notices or other requirements to
withhold funds are then in effect.
Citv of Seal Beach
CLIMATEC Install Agreement — Att D
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