HomeMy WebLinkAboutC2021-052 - Climatec
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Contract No. 2021-052
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
CLIMATEC, LLC
THIS COOPERATIVE PURCHASING AGREEMENT (this “Agreement”) is entered into
as of May 18, 2021, between the Town of Fountain Hills, an Arizona municipal corporation (the
“Town”), and Climatec, LLC a Nevada limited liability company (the “Contractor”).
RECITALS
A. After a competitive procurement process, Mohave Educational Services, Inc.
(“Mohave”), a non-profit political subdivision providing procurement services pursuant to A.R.S.
11-952 and A.R.S. 41-2632, entered into Contract No. 17L-CLIM-1115 dated November 15, 2017
as amended (collectively, the “Mohave Contract”) for the Contractor to provide fire and safety
inspections, products, and service solutions. A copy of the Mohave Contract is incorporated herein
by reference, to the extent not inconsistent with this Agreement.
B. The Town is permitted, pursuant to Section 3-3-27 of the Town Code and Section
10 of the Town Procurement Policy, to make purchases under the Mohave Contract at its discretion
and with the agreement of the awarded Contractor, and the Mohave Contract permits its
cooperative use by other public entities, including the Town.
C. The Town and the Contractor desire to enter into this Agreement for the purpose of
(i) acknowledging their cooperative contractual relationship under the Mohave Contract and this
Agreement, (ii) establishing the terms and conditions by which the Contractor may provide the
Town with fire and safety inspections, products, and service solutions (the “Materials and
Services”), and (iii) setting the maximum aggregate amount to be expended pursuant to this
Agreement related to the Materials and Services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which
are incorporated herein by reference, the following mutual covenants and conditions, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the Town and the Contractor hereby agree as follows:
1. Term of Agreement. This Agreement shall be effective as of the date first set forth
above and shall remain in full force and effect until May 18, 2022 (the “Initial Term”), unless
terminated as otherwise provided in this Agreement or the Mohave Contract. After the expiration
of the Initial Term, this Agreement may be renewed for up to one successive one-year term (the
“Renewal Term”) if: (i) it is deemed in the best interests of the Town, subject to availability and
appropriation of funds for renewal in each subsequent year, (ii) the term of the Mohave Contract
has not expired or has been extended, (iii) at least 30 days prior to the end of the then-current term
of this Agreement, the Contractor requests, in writing, to extend this Agreement for an additional
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one-year term and (iv) the Town approves the additional one-year term in writing (including any
price adjustments approved as part of the Mohave Contract), as evidenced by the Town Manager’s
signature thereon, which approval may be withheld by the Town for any reason. The Contractor’s
failure to seek a renewal of this Agreement shall cause this Agreement to terminate at the end of
the then-current term of this Agreement; provided, however, that the Town may, at its discretion
and with the agreement of the Contractor, elect to waive this requirement and renew this
Agreement. The Initial Term and any Renewal Term(s) are collectively referred to herein as the
“Term.” Upon renewal, the terms and conditions of this Agreement shall remain in full force and
effect.
2. Scope of Work. This is an indefinite quantity and indefinite delivery Agreement
for Materials and Services under the terms and conditions of the Mohave Contract. The Town does
not guarantee that any minimum or maximum number of purchases will be made pursuant to this
Agreement. Purchases will only be made when the Town identifies a need and proper authorization
and documentation have been approved. For purchase(s) determined by the Town to be appropriate
for this Agreement, the Contractor shall provide the Materials and Services to the Town in such
quantities and configurations agreed upon between the parties, in a written invoice, quote, work
order or other form of written agreement describing the work to be completed (each, a “Work
Order”). Each Work Order approved and accepted by the parties pursuant to this Agreement shall
(i) contain a reference to this Agreement and the Mohave Contract and (ii) be attached hereto as
Exhibit C and incorporated herein by reference. Work Orders submitted without referencing this
Agreement and the Mohave Contract will be subject to rejection.
2.1 Inspection; Acceptance. All Materials and Services are subject to final
inspection and acceptance by the Town. Materials failing to conform to the requirements of this
Agreement and/or the Mohave Contract will be held at Contractor’s risk and may be returned to the
Contractor. If so returned, all costs are the responsibility of the Contractor. Upon discovery of a
non-conforming Materials or Services, the Town may elect to do any or all of the following by
written notice to the Contractor: (i) waive the non-conformance; (ii) stop the work immediately; or
(iii) bring the Materials or Services into compliance and withhold the cost of same from any
payments due to the Contractor.
2.2 Cancellation. The Town reserves the right to cancel Work Orders within a
reasonable period of time after issuance. Should a Work Order be canceled, the Town agrees to
reimburse the Contractor, but only for actual and documentable costs incurred by the Contractor
due to and after issuance of the Work Order. The Town will not reimburse the Contractor for any
costs incurred after receipt of Town notice of cancellation, or for lost profits, shipment of product
prior to issuance of Work Order or for anything not expressly permitted pursuant to this Agreement.
3. Compensation. The Town shall pay Contractor an amount not to exceed
$111,749.00 at the rates set forth in Exhibit B, which sum includes a ten percent (10%) owner’s
allowance; the aggregate amount of this Agreement shall not exceed $131,749.
4. Payments. The Town shall pay the Contractor monthly, based upon acceptance and
delivery of Materials and/or Services performed and completed to date, and upon submission and
approval of invoices. Each invoice shall (i) contain a reference to this Agreement and the Mohave
Contract and (ii) document and itemize all work completed to date. The invoice statement shall
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include a record of materials delivered, time expended, and work performed in sufficient detail to
justify payment. Additionally, invoices submitted without referencing this Agreement and the
Mohave Contract will be subject to rejection and may be returned.
5. Records and Audit Rights. To ensure that the Contractor and its subcontractors are
complying with the warranty under Section 6 below, Contractor’s and its subcontractors’ books,
records, correspondence, accounting procedures and practices, and any other supporting evidence
relating to this Agreement, including the papers of any Contractor and its subcontractors’
employees who perform any work or services pursuant to this Agreement (all of the foregoing
hereinafter referred to as “Records”), shall be open to inspection and subject to audit and/or
reproduction during normal working hours by the Town, to the extent necessary to adequately
permit evaluation of the Contractor’s and its subcontractors’ compliance with the Arizona
employer sanctions laws referenced in Section 6 below. To the extent necessary for the Town to
audit Records as set forth in this Section, Contractor and its subcontractors hereby waive any rights
to keep such Records confidential. For the purpose of evaluating or verifying such actual or
claimed costs or units expended, the Town shall have access to said Records, even if located at its
subcontractors’ facilities, from the effective date of this Agreement for the duration of the work
and until three years after the date of final payment by the Town to Contractor pursuant to this
Agreement. Contractor and its subcontractors shall provide the Town with adequate and
appropriate workspace so that the Town can conduct audits in compliance with the provisions of
this Section. The Town shall give Contractor or its subcontractors reasonable advance notice of
intended audits. Contractor shall require its subcontractors to comply with the provisions of this
Section by insertion of the requirements hereof in any subcontract pursuant to this Agreement.
6. E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41-
4401, the Contractor and its subcontractors warrant compliance with all federal immigration laws
and regulations that relate to their employees and their compliance with the E-verify requirements
under ARIZ. REV. STAT. § 23-214(A). Contractor’s or its subcontractors’ failure to comply with
such warranty shall be deemed a material breach of this Agreement and may result in the
termination of this Agreement by the Town.
7. Israel. Contractor certifies that it is not currently engaged in and agrees for the
duration of this Agreement that it will not engage in a “boycott,” as that term is defined in ARIZ.
REV. STAT. § 35-393, of Israel.
8. Conflict of Interest. This Agreement may be canceled by the Town pursuant to
ARIZ. REV. STAT. § 38-511.
9. Applicable Law; Venue. This Agreement shall be governed by the laws of the State
of Arizona and a suit pertaining to this Agreement may be brought only in courts in Maricopa
County, Arizona.
10. Agreement Subject to Appropriation. The Town is obligated only to pay its
obligations set forth in this Agreement as may lawfully be made from funds appropriated and
budgeted for that purpose during the Town’s then current fiscal year. The Town’s obligations
under this Agreement are current expenses subject to the “budget law” and the unfettered
legislative discretion of the Town concerning budgeted purposes and appropriation of funds.
Should the Town elect not to appropriate and budget funds to pay its Agreement obligations, this
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Agreement shall be deemed terminated at the end of the then-current fiscal year term for which
such funds were appropriated and budgeted for such purpose and the Town shall be relieved of
any subsequent obligation under this Agreement. The parties agree that the Town has no obligation
or duty of good faith to budget or appropriate the payment of the Town’s obligations set forth in
this Agreement in any budget in any fiscal year other than the fiscal year in which this Agreement
is executed and delivered. The Town shall be the sole judge and authority in determining the
availability of funds for its obligations under this Agreement. The Town shall keep Contractor
informed as to the availability of funds for this Agreement. The obligation of the Town to make
any payment pursuant to this Agreement is not a general obligation or indebtedness of the Town.
Contractor hereby waives any and all rights to bring any claim against the Town from or relating
in any way to the Town’s termination of this Agreement pursuant to this section.
11. Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among
the terms of this Agreement, any Town-approved work orders, the Mohave Contract, and invoices,
the documents shall govern in the order listed herein. Notwithstanding the foregoing, and in
conformity with Section 2 above, unauthorized exceptions, conditions, limitations or provisions in
conflict with the terms of this Agreement or the Mohave Contract (collectively, the “Unauthorized
Conditions”), other than the Town’s project-specific requirements, are expressly declared void and
shall be of no force and effect. Acceptance by the Town of any work order or invoice containing
any such Unauthorized Conditions or failure to demand full compliance with the terms and
conditions set forth in this Agreement or under the Mohave Contract shall not alter such terms and
conditions or relieve Contractor from, nor be construed or deemed a waiver of, its requirements
and obligations in the performance of this Agreement.
12. Rights and Privileges. To the extent provided under the Mohave Contract, the Town
shall be afforded all of the rights and privileges afforded to Mohave and shall be “Mohave” (as
defined in the Mohave Contract) for the purposes of the portions of the Mohave Contract that are
incorporated herein by reference.
13. Indemnification; Insurance. In addition to and in no way limiting the provisions set
forth in Section 12 above, the Town shall be afforded all of the insurance coverage and
indemnifications afforded to Mohave to the extent provided under the Mohave Contract, and such
insurance coverage and indemnifications shall inure and apply with equal effect to the Town under
this Agreement including, but not limited to, the Contractor’s obligation to provide the
indemnification and insurance. In any event, the Contractor shall indemnify, defend and hold
harmless the Town and each council member, officer, employee or agent thereof (the Town and
any such person being herein called an “Indemnified Party”), for, from and against any and all
losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable
attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified
Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such
Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the
negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work
or services of the Contractor, its officers, employees, agents, or any tier of subcontractor in the
performance of this Agreement.
14. Notices and Requests. Any notice or other communication required or permitted to
be given under this Agreement shall be in writing and shall be deemed to have been duly given if
(i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail, registered
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or certified, return receipt requested, to the address set forth below or (iii) given to a recognized
and reputable overnight delivery service, to the address set forth below:
If to the Town: Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
Attn: Grady E. Miller, Town Manager
With copy to: Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Az. 85268
Attn: Aaron D. Arnson, Town Attorney
If to Contractor: Climatec, LLC
2851 West Kathleen Road
Phoenix, Arizona 85053
Attn: Doug Acosta
or at such other address, and to the attention of such other person or officer, as any party may
designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed
received: (i) when delivered to the party, (ii) three business days after being placed in the U.S.
Mail, properly addressed, with sufficient postage or (iii) the following business day after being
given to a recognized overnight delivery service, with the person giving the notice paying all
required charges and instructing the delivery service to deliver on the following business day. If
a copy of a notice is also given to a party’s counsel or other recipient, the provisions above
governing the date on which a notice is deemed to have been received by a party shall mean and
refer to the date on which the party, and not its counsel or other recipient to which a copy of the
notice may be sent, is deemed to have received the notice.
[SIGNATURES APPEAR ON FOLLOWING PAGES]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year first set forth above.
“Town”
TOWN OF FOUNTAIN HILLS,
an Arizona municipal corporation
________________________________
Grady E. Miller, Town Manager
ATTEST:
________________________________
Elizabeth A. Klein, Town Clerk
APPROVED AS TO FORM:
________________________________
Aaron D. Arnson, Town Attorney
(ACKNOWLEDGEMENT)
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
On ________________, 2021, before me personally appeared Grady E. Miller, the Town
Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity
was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and
acknowledged that he signed the above document, on behalf of the Town of Fountain Hills.
____________________________
Notary Public
(Affix notary seal here)
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
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“Contractor”
CLIMATEC, LLC,
a(n) Nevada limited liability company,
By: __________________________
Name: ________________________
Its: ___________________________
(ACKNOWLEDGEMENT)
STATE OF _____________ )
) ss.
COUNTY OF ___________ )
On ________________, 2021, before me personally appeared _____________________, the
________________ of CLIMATEC, LLC, a(n) Nevada limited liability company, whose identity
was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and
acknowledged that he signed the above document, on behalf of the limited liability company.
____________________________
Notary Public
(Affix notary seal here)
4821-3446-8505, v. 2
EXHIBIT A
TO
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
CLIMATEC, LLC.
[Mohave Agreement]
See following pages
EXHIBIT B
TO
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
CLIMATEC, LLC.
[Scope/Quote]
See following pages
EXHIBIT C
TO
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
CLIMATEC, LLC.
[Work Orders]
See following pages (to be added subsequent to execution).
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year first set forth above.
“Town”
TOWN OF FOUNTAIN HILLS,
an Arizona municipal corporation
Grady E. Miller, Town Manager
ATTEST:
Elizabeth A. Klein, Town Clerk
APPROVED AS TO FORM:
Aaron D. Arnson, Town Attorney
[SIGNATURES CONTINUE ON FOLLOWING PAGES]
Elizabeth A. Klein (May 19, 2021 09:53 PDT)
Elizabeth A. Klein
“Contractor”
____________________________________,
By:
Name:
Title:
Climatec, LLC
RiAnne Hall (May 12, 2021 07:36 PDT)
RiAnne Hall
RiAnne Hall
Service Manager
Exhibit A
A CLIMATEC SOLUTION
Town of Fountain Hills Community Center - Fire System Upgrade
Prepared for
TOWN OF FOUNTAIN HILLS
4/28/2021
Presented by
Doug Acosta
Business Development Manager
Exhibit B
CLIMATEC SOLUTION PROPOSAL
TOWN HALL OF FOUNTAIN HILLS
Steve Bartlett
16705 E. AVE OF THE FOUNTAINS
FOUNTAIN HILLS, AZ 85268
Project Address:
Community Center
Project Bid per:
Plans: None Provided
Specs: Pricing per 1GPA Pricing Contract #16-04P-03.
Scope of Work:
Replace the existing Simplex Fire Alarm Control Panel and system
components in the Community Center Building with a new EST-3 Fire Alarm
System with Voice Evacuation.
Existing wiring will be re-utilized where possible.
Climatec fire engineers will create plans in AutoCAD format for Town of
Fountain Hills permit application using owner provided building drawings in
.dwg format.
Climatec will obtain permit from and coordinate all testing and inspections
with the Town of Fountain Hills building department.
Additional Exclusions:
• Underground pathways between buildings.
• Shutdown wiring to HVAC units.
• Selective evacuation.
• Creation of system as-builts with existing circuit paths.
EXCLUSIONS
• After-hours labor.
• Mass notification speaker system.
• Emergency Call Boxes.
• Third-party duct detector certification.
• Duct detector installation.
• Underground conduit and cabling between new and existing buildings.
• 120 VAC by the electrical contractor.
• Patching and Painting.
• Conduit, j-boxes, racks, wire pathways by others.
• Knox Boxes by Others.
• Monitoring charges, telephone lines and communications for monitoring do not form part of this
proposal.
MATERIAL LIST
Qty Part No. Description
EST-3 w/Voice
Headend
FACP
1 3-CPU3 Central Processor Unit Module, Mounts to local rail at a dedicated location.
Takes two local rail module spaces. Supports 3-LCD(XL), 3-RS485A/B/R, 3-RS232.
1 3-RS232 RS-232 Communication Card. Mounts to the 3-CPU(1)(3) and provides two
separate isolated RS-232 ports.
1 3-RS485B Network Communications Card, Class B. Mounts to the 3-CPU(1) and supports
Class A/B Network and Class B Audio Data
1 3-SSDC1 Single Signature Driver Controller. Mounts to local rail and takes one LRM space.
Supports one loop of Signature devices up to 125 detector and 125 module
addresses. Supports one User Interface Module
1 3-MODCOM Modem / Communicator (DACT). Takes one local rail space
1 3-LCD Liquid Crystal Display Module. Mounts to 3-CPU(1).
1 3-PPS/M Primary Power Supply with Local Rail Module. 120V 50/60 Hz. Takes one Footprint
in wallbox and one local Rail module space. Supports one user interface
module. Provides 7 A at nominal 24V dc. Provides
1 3-BPS/M Booster Power Supply with Local Rail Module. 120V 50/60 Hz. Takes one Footprint
in wallbox and one local Rail module space. Supports one user interface
module. Provides 7 amp at nominal 24V dc. Provid
1 3-ASU/4 Audio Source Unit with mounting Chassis, space for 4 local rail modules,
Microphone and Paging Controls
2 3-ZA40A Zoned Amplifier, 40 Watt, Class A/B. 40 Watt selectable for 25 or 70 Vrms Class
A/B Output. Mounts in 1 LRM space. Has built in Class A/B NAC rated at 3.5
Amps. Supports one user interface module.
1 3-12/S1GY LED Display/Control Module - 12 Switches, 1 Green, 1 Yellow LED per switch
2 3-CHAS7 Chassis Assembly. Fits in any Lobby or Remote Closet Cabinet except CAB5
Series. Provides space for up to seven LRMs. Rear space for up to two power
supplies.
5 3-LRMF Blank LRM Filler (plastic). Mount in blank LRM space.
8 3-FP Plastic Filler plate. One needed for each Display/Control module door where no
LED/Switch modules are located. (280053)
1 3-CAB21B Wallbox with 3 Chassis Spaces
1 3-CAB21D Door for CAB21B Series Wallbox
2 12V40A 40Ah Sealed Lead Acid Battery - 12 Vdc. 7.7 inchl x 6.4 inchw x 6.9 inchh x 6.9
inchot
1 BC-1 Battery Cabinet for Up to 40Ah Max
1 E120V-GT E SERIES 120VAC SPD W/GAS TUBE120 VOLTS AC - PARALLEL DEVICE
1 SSU00689 SRD SYSTEM RECORD DOCS 4GB MEMRED/WHT CAT30 12X13X2.25ACE 11
FAAP
1 3-6ANN Six Position Base Annunciator. Includes Door, CPU card, two annunciator support
modules and five blank filler plates. Space provided for up to four
Control/Display Modules and one 3-LCD Liquid Crystal
1 6ANN/B Semi-flush Annunciator Wall Box
1 3-12/S1GY LED Display/Control Module - 12 Switches, 1 Green, 1 Yellow LED per switch
1 3-ANNSM Annunciator Support Module. Takes one space in Annunciator box. Supports
one Control/Display module.
1 3-LRMF Blank LRM Filler (plastic). Mount in blank LRM space.
1 3-FP Plastic Filler plate. One needed for each Display/Control module door where no
LED/Switch modules are located. (280053)
1 3-REMICA Remote Mic. for use with 3-ANN Series Annunciators. Takes 2 spaces in 3-6ANN or
3-10ANN
Addressable Devices
2 SIGA-278 Manual Pull Station - Double Action, 1-stage
1 SIGA-CT1 Single Input Module. Single circuit input module for use with Normally Open
Contact devices. Four selectable personality codes for Alarm latching, or Alarm
Delayed latching, or non-latching monitor or
1 SIGA-CT2 Dual Input Module. Two circuit input module for use with Normally Open
Contact devices. Four selectable personality codes (on each circuit) for Alarm
latching, or Alarm Delayed latching, or non-latchi
9 SIGA-HRD Intelligent fixed temperature/Rate-of-rise heat detector.
9 SIGA-SB4 Detector Base - Standard, for 4 inch sq. box, includes -TS4 skirt
78 SIGA-PD Intelligent Optical Smoke Detector.
78 SIGA-SB4 Detector Base - Standard, for 4 inch sq. box, includes -TS4 skirt
HVAC Duct Smokes
10 SIGA-CRH Control Relay Module, DPDT, 7amp @ 120/240VAC, 6 amp @ 24vdc, UL, ULC,
CSFM, compatible w/ iO series, EST3x and EST3.
Notification Devices
1 BPS10A 10 Amp Booster Power Supply
1 SIGA-CC1S Single Input (Riser) Module with strobe synchronization output
2 12V6A5 Battery 6.5 AH, 12 Volt
42 G4HFWF-
S7VMC Genesis High Fidelity Wall Speaker-strobe, white, fire marking, 70V, visual multi-
candela, clear lens
2 GCHFWF-
S7VMC Genesis High Fidelity Ceiling Speaker-strobe, white, fire marking, 70V, visual multi-
candela, clear lens
Underground
1000 728110VNQ 16-02 UNS STR DB TC Quad
PROPOSAL COST SUMMARY
Security and Life Safety System Project Cost Breakout
Installation Investment
Material $27,306.11
Technician Install Labor $22,806.16
Engineered Drawings / Submittal $3,365.93
Programming / Inspections $4,453.89
Material Freight $279.64
Material Tax $1,603.27
Grand Total $59,815.00
By signing below, I accept this proposal and agree to the terms and conditions
contained herein.
__________________________________________________________________________
Customer Name (Printed):
__________________________________________________________________________
Customer Signature:
__________________________________________________________________________
Date:
TERMS & CONDITIONS
The sale of Equipment & Services by Climatec to the Customer are subject to the following terms and conditions regardless of other terms and
conditions in any purchase order, document, or other communication of Customer. This agreement may only be modified in writing signed by
authorized representative of both Climatec and Customer.
1. SCOPE OF WORK. This proposal is valid for 60 days from date of proposal. Beyond that time Climatec reserves the right to revise any or all
portions of it. This proposal is based upon the use of straight time labor only unless stated otherwise in this proposal. Unless specifically noted in
the statement of the scope of the work or services undertaken by Climatec under this agreement, Climatec’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. Proceeding with the scope of work defined in this agreement indicates acceptance of the terms & conditions of the agreement.
2. INVOICING & PAYMENTS. Climatec may invoice Purchaser for all materials delivered to the job site or to an off-site storage facility and for the
work performed on-site and off-site. Purchaser agrees to pay Climatec amounts invoiced upon receipt of invoice. Waivers of lien will be
furnished upon request, as the work progresses; to the extent payments are received. If Climatec’s invoice is not paid within 30 days of its
issuance, it is delinquent and Climatec shall add 1% per month interest onto delinquent amounts.
3. WARRANTY. Climatec is not the manufacturer of the Equipment, Products or Software. To the extend legally and contractually permitted.
Warranty period shall be 12 months from the date of delivery of the Equipment, Products or Software. For Equipment or Products installed by
Climatec, if Purchaser provides written notice to Climatec of any such defects within thirty (30) days after the appearance or discovery of such
defect, Climatec shall, at its option, repair or replace the defective equipment and return said equipment to Purchaser.
CLIMATEC MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, SUCH AS WARRANTY OF MERCHANTABILITY, FITNESS FOR PURPOSE OR NON-
INFRINGMENT. CLIMATEC FURTHER DISCLAIMS THAT THESE WARRANTIES DO NOT EXTEND TO ANY EQUIPMENT DUE TO NORMAL WEAR AND TEAR OR
TO EQUIPMENT WHICH HAS BEEN REPAIRED BY OTHERS, ABUSED, NEGLECTED, ALTERED, IMPROPERLY USED, DAMAGED (WHETHER CAUSED BY
ACCIDENT OR OTHERWISE), MODIFIED, USED FOR PURPOSES OTHER THAN MANUFACTURER’S INTENTION, OR WHICH HAS NOT BEEN PROPERLY AND
REASONABLY MAINTAINED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO CUSTOMER. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD.
4. INDEMNIFICATION. Customer shall indemnify, defend and hold Climatec harmless from any claims based on (i) Climatec compliance with
Customer’s designs, specifications, instructions, (ii) modification of any Product by anyone other than Climatec (iii) negligent act or omission by
Customer, (iv)breach of this agreement. UNDER NO CIRCUMSTANCES SHALL CLIMATEC, ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY OF THE
FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY; DAMAGES CLAIMS BY ANY THIRD PARTY, WHETHER OR NOT THE CLAIMS ARE BASED IN
CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE; LOSS OF, DAMAGE TO, DATA; SPECIAL, INCIDENTAL,
CONSEQUENTIAL, EXEMPLARY, PUNITIVE, INDIRECT DAMAGES, OR ANY ECONOMIC CONSEQUENITAL DAMAGES; OR LOST PROFITS, BUSINESS
REVENUE, GOODWILL, OR ANTICIPATED SAVINGS.
5. LIMITATION OF LIABILITY. Climatec’s entire liability to Customer in the aggregate is limited to Customer’s direct damages up to an amount not to
exceed $100,000.
6. TAXES. The price of this proposal does not include duties, sale, use, excise or other similar taxes unless required by federal, state or local law or
unless stated otherwise in this proposal. Purchaser shall pay, in addition to the stated price, all taxes not legally required to be paid by Climatec
or, alternatively, shall provide Climatec with acceptable tax exemption certificates.
7. FORCE MAJEURE/DELAYS. Climatec shall not be liable for any delay or failure to fulfill its obligations under this agreement due to causes beyond
its reasonable control resulting from or attributed to acts of circumstances beyond Climatec’s control, including but not limited to epidemics,
pandemics, acts of God, man-made or natural disasters, medical crisis, criminal acts, transportation delays, Government required shut-downs,
labor disputes, conditions of the premise, acts or omissions of the Purchaser, Owner or other Contractors or delays caused by an inability to
obtain labor (direct or subcontracted) or materials, products, equipment or software. If any product required to complete work becomes
temporarily or permanently unavailable, Climatec shall (a) be excused from furnishing said materials or equipment, or (b) be reimbursed for the
difference between the cost of the materials or equipment unavailable and the cost of an agreeable substitute therefore.
8. GENERAL:
1. Climatec and Customer shall comply with all applicable federal, state, and local laws and regulations. Permits required for the
execution of the work shall be obtained and paid for by the Customer unless stated otherwise in this proposal.
2. All disputes involving more than $15,000 shall be resolved by arbitration in accordance with the rules of the American Arbitration
Association. The prevailing party shall recover all legal costs and attorney’s fees incurred as a result. Nothing here shall limit any rights
under construction lien laws.
3. Insurance coverage in excess of Climatec’s standard limits will be furnished when requested and required and at Climatec’s
discretion the costs of this additional insurance may be passed on to the Purchaser. No credit will be given or premium paid by
Climatec for insurance afforded by others.
4. The Parties hereto agree to notify each other immediately upon becoming aware of an inspection under, or any alleged violation of,
the Occupational Safety and Health Act (OSHA) relating in any way to the project or project site.
5. The unenforceability of or invalidity of any of these terms or conditions will not affect the remainder of the terms & conditions.
6. This Agreement shall be governed in accordance with the laws of the State of Arizona.
7. Climatec and Customer agree that electronic signatures may be used and will be legally valid, effective and enforceable.
A CLIMATEC SOLUTION
Town of Fountain Hills Library - Fire System Upgrade
Prepared for
TOWN OF FOUNTAIN HILLS
4/28/2021
Presented by
Doug Acosta
Business Development Manager
CLIMATEC SOLUTION PROPOSAL
TOWN HALL OF FOUNTAIN HILLS
Steve Bartlett
16705 E. AVE OF THE FOUNTAINS
FOUNTAIN HILLS, AZ 85268
Project Address:
Fountain Hills Library
Project Bid per:
Plans: None Provided
Specs: Pricing per 1GPA Pricing Contract #16-04P-03.
Scope of Work:
Replace the existing Simplex Fire Alarm Control Panel and system
components in the Library Building with new EST-3 Fire Alarm System. Existing
wiring will be re-utilized wherever possible. Climatec fire engineers will
create plans in AutoCAD format for Town of Fountain Hills permit application
using owner provided building drawings in .dwg format. Climatec will obtain
permit from and coordinate all testing with the Town of Fountain Hills
building department.
Additional Exclusions:
• Underground pathways between buildings.
• Shutdown wiring to HVAC units.
• Selective evacuation.
• Creation of system as-builts with existing circuit paths.
EXCLUSIONS
• After-hours labor.
• Mass notification speaker system.
• Emergency Call Boxes.
• Third-party duct detector certification.
• Duct detector installation.
• Underground conduit and cabling between new and existing buildings.
• 120 VAC by the electrical contractor.
• Patching and Painting.
• Conduit, j-boxes, racks, wire pathways by others.
• Knox Boxes by Others.
• Monitoring charges, telephone lines and communications for monitoring do not form part of this
proposal.
MATERIAL LIST
Qty Part No. Description
EST-3 w/Voice
Headend
FACP
1 3-CPU3 Central Processor Unit Module, Mounts to local rail at a dedicated location. Takes
two local rail module spaces. Supports 3-LCD(XL), 3-RS485A/B/R, 3-RS232.
1 3-RS232 RS-232 Communication Card. Mounts to the 3-CPU(1)(3) and provides two
separate isolated RS-232 ports.
1 3-RS485B Network Communications Card, Class B. Mounts to the 3-CPU(1) and supports
Class A/B Network and Class B Audio Data
1 3-SSDC1 Single Signature Driver Controller. Mounts to local rail and takes one LRM space.
Supports one loop of Signature devices up to 125 detector and 125 module
addresses. Supports one User Interface Module
1 3-
MODCOM Modem / Communicator (DACT). Takes one local rail space
1 3-LCD Liquid Crystal Display Module. Mounts to 3-CPU(1).
1 3-PPS/M Primary Power Supply with Local Rail Module. 120V 50/60 Hz. Takes one Footprint in
wallbox and one local Rail module space. Supports one user interface module.
Provides 7 A at nominal 24V dc. Provides
2 3-CHAS7 Chassis Assembly. Fits in any Lobby or Remote Closet Cabinet except CAB5 Series.
Provides space for up to seven LRMs. Rear space for up to two power supplies.
5 3-LRMF Blank LRM Filler (plastic). Mount in blank LRM space.
8 3-FP Plastic Filler plate. One needed for each Display/Control module door where no
LED/Switch modules are located. (280053)
1 3-CAB21B Wallbox with 3 Chassis Spaces
1 3-CAB21D Door for CAB21B Series Wallbox
2 12V40A 40Ah Sealed Lead Acid Battery - 12 Vdc. 7.7 inchl x 6.4 inchw x 6.9 inchh x 6.9
inchot
1 E120V-GT E SERIES 120VAC SPD W/GAS TUBE120 VOLTS AC - PARALLEL DEVICE
1 SSU00689 SRD SYSTEM RECORD DOCS 4GB MEMRED/WHT CAT30 12X13X2.25ACE 11
Annunciator
1 3-LCDANN Remote LCD Command Module Annunciator. Includes LCD display, CPU and
Doors. Order surface or semi-flush mount wallbox separately.
1 RLCM/B Semi-flush Wall Box - for Remote LCD Command Module
Addressable Devices
3 SIGA-278 Manual Pull Station - Double Action, 1-stage
2 SIGA-CT2 Dual Input Module. Two circuit input module for use with Normally Open Contact
devices. Four selectable personality codes (on each circuit) for Alarm latching, or
Alarm Delayed latching, or non-latchi
3 SIGA-HRD Intelligent fixed temperature/Rate-of-rise heat detector.
3 SIGA-SB4 Detector Base - Standard, for 4 inch sq. box, includes -TS4 skirt
57 SIGA-PD Intelligent Optical Smoke Detector.
57 SIGA-SB4 Detector Base - Standard, for 4 inch sq. box, includes -TS4 skirt
HVAC Duct Smokes
10 SIGA-CRH Control Relay Module, DPDT, 7amp @ 120/240VAC, 6 amp @ 24vdc, UL, ULC,
CSFM, compatible w/ iO series, EST3x and EST3.
Notification Devices
1 BPS10A 10 Amp Booster Power Supply
1 SIGA-CC1S Single Input (Riser) Module with strobe synchronization output
2 12V6A5 Battery 6.5 AH, 12 Volt
27 G1F-HDVM Multi-cd temporal horn-strobe, hi/lo dB - 24V, White w/FIRE
27 G1T Genesis 1-gang to 4 inch Trim, White.
3 G1F-VM Multi-cd strobe - 24V, White w/FIRE
3 G1T Genesis 1-gang to 4 inch Trim, White.
4 GCF-
HDVM Ceiling mount horn-strobe, multi-cd (15/30/75/95cd), temporal hi/lo dB output, 24V
- White w/FIRE
PROPOSAL COST SUMMARY
Security and Life Safety System Project Cost Breakout
Installation Investment
Material $17,828.04
Technician Install Labor $17,676.88
Engineered Drawings / Submittal $2,621.54
Programming / Inspections $2,454.24
Material Freight $151.56
Material Tax $1,042.74
Grand Total $41,775.00
By signing below, I accept this proposal and agree to the terms and conditions
contained herein.
__________________________________________________________________________
Customer Name (Printed):
__________________________________________________________________________
Customer Signature:
__________________________________________________________________________
Date:
TERMS & CONDITIONS
The sale of Equipment & Services by Climatec to the Customer are subject to the following terms and conditions regardless of other terms and
conditions in any purchase order, document, or other communication of Customer. This agreement may only be modified in writing signed by
authorized representative of both Climatec and Customer.
1. SCOPE OF WORK. This proposal is valid for 60 days from date of proposal. Beyond that time Climatec reserves the right to revise any or all
portions of it. This proposal is based upon the use of straight time labor only unless stated otherwise in this proposal. Unless specifically noted in
the statement of the scope of the work or services undertaken by Climatec under this agreement, Climatec’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. Proceeding with the scope of work defined in this agreement indicates acceptance of the terms & conditions of the agreement.
2. INVOICING & PAYMENTS. Climatec may invoice Purchaser for all materials delivered to the job site or to an off-site storage facility and for the
work performed on-site and off-site. Purchaser agrees to pay Climatec amounts invoiced upon receipt of invoice. Waivers of lien will be
furnished upon request, as the work progresses; to the extent payments are received. If Climatec’s invoice is not paid within 30 days of its
issuance, it is delinquent and Climatec shall add 1% per month interest onto delinquent amounts.
3. WARRANTY. Climatec is not the manufacturer of the Equipment, Products or Software. To the extend legally and contractually permitted.
Warranty period shall be 12 months from the date of delivery of the Equipment, Products or Software. For Equipment or Products installed by
Climatec, if Purchaser provides written notice to Climatec of any such defects within thirty (30) days after the appearance or discovery of such
defect, Climatec shall, at its option, repair or replace the defective equipment and return said equipment to Purchaser.
CLIMATEC MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, SUCH AS WARRANTY OF MERCHANTABILITY, FITNESS FOR PURPOSE OR NON-
INFRINGMENT. CLIMATEC FURTHER DISCLAIMS THAT THESE WARRANTIES DO NOT EXTEND TO ANY EQUIPMENT DUE TO NORMAL WEAR AND TEAR OR
TO EQUIPMENT WHICH HAS BEEN REPAIRED BY OTHERS, ABUSED, NEGLECTED, ALTERED, IMPROPERLY USED, DAMAGED (WHETHER CAUSED BY
ACCIDENT OR OTHERWISE), MODIFIED, USED FOR PURPOSES OTHER THAN MANUFACTURER’S INTENTION, OR WHICH HAS NOT BEEN PROPERLY AND
REASONABLY MAINTAINED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO CUSTOMER. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD.
4. INDEMNIFICATION. Customer shall indemnify, defend and hold Climatec harmless from any claims based on (i) Climatec compliance with
Customer’s designs, specifications, instructions, (ii) modification of any Product by anyone other than Climatec (iii) negligent act or omission by
Customer, (iv)breach of this agreement. UNDER NO CIRCUMSTANCES SHALL CLIMATEC, ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY OF THE
FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY; DAMAGES CLAIMS BY ANY THIRD PARTY, WHETHER OR NOT THE CLAIMS ARE BASED IN
CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE; LOSS OF, DAMAGE TO, DATA; SPECIAL, INCIDENTAL,
CONSEQUENTIAL, EXEMPLARY, PUNITIVE, INDIRECT DAMAGES, OR ANY ECONOMIC CONSEQUENITAL DAMAGES; OR LOST PROFITS, BUSINESS
REVENUE, GOODWILL, OR ANTICIPATED SAVINGS.
5. LIMITATION OF LIABILITY. Climatec’s entire liability to Customer in the aggregate is limited to Customer’s direct damages up to an amount not to
exceed $100,000.
6. TAXES. The price of this proposal does not include duties, sale, use, excise or other similar taxes unless required by federal, state or local law or
unless stated otherwise in this proposal. Purchaser shall pay, in addition to the stated price, all taxes not legally required to be paid by Climatec
or, alternatively, shall provide Climatec with acceptable tax exemption certificates.
7. FORCE MAJEURE/DELAYS. Climatec shall not be liable for any delay or failure to fulfill its obligations under this agreement due to causes beyond
its reasonable control resulting from or attributed to acts of circumstances beyond Climatec’s control, including but not limited to epidemics,
pandemics, acts of God, man-made or natural disasters, medical crisis, criminal acts, transportation delays, Government required shut-downs,
labor disputes, conditions of the premise, acts or omissions of the Purchaser, Owner or other Contractors or delays caused by an inability to
obtain labor (direct or subcontracted) or materials, products, equipment or software. If any product required to complete work becomes
temporarily or permanently unavailable, Climatec shall (a) be excused from furnishing said materials or equipment, or (b) be reimbursed for the
difference between the cost of the materials or equipment unavailable and the cost of an agreeable substitute therefore.
8. GENERAL:
1. Climatec and Customer shall comply with all applicable federal, state, and local laws and regulations. Permits required for the
execution of the work shall be obtained and paid for by the Customer unless stated otherwise in this proposal.
2. All disputes involving more than $15,000 shall be resolved by arbitration in accordance with the rules of the American Arbitration
Association. The prevailing party shall recover all legal costs and attorney’s fees incurred as a result. Nothing here shall limit any rights
under construction lien laws.
3. Insurance coverage in excess of Climatec’s standard limits will be furnished when requested and required and at Climatec’s
discretion the costs of this additional insurance may be passed on to the Purchaser. No credit will be given or premium paid by
Climatec for insurance afforded by others.
4. The Parties hereto agree to notify each other immediately upon becoming aware of an inspection under, or any alleged violation of,
the Occupational Safety and Health Act (OSHA) relating in any way to the project or project site.
5. The unenforceability of or invalidity of any of these terms or conditions will not affect the remainder of the terms & conditions.
6. This Agreement shall be governed in accordance with the laws of the State of Arizona.
7. Climatec and Customer agree that electronic signatures may be used and will be legally valid, effective and enforceable.