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06.G- Public Works
DOC ID: 2615 CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Information/Report From: Tony Frossard M/CC Meeting Date: 08/05/2013 Prepared by: Linda Dortch, (909)384-5140 Dept: Public Works Ward(s): 1 Subject: Report to the Mayor and Common Council of the City of San Bernardino Regarding the Emergency Purchase of a New Air Conditioner Unit at the Police Department Building, 710 North D Street(#2615) Current Business Registration Certificate: Not Applicable Financial Impact: Account Budgeted Amount: $151,573.20 Account No. 001-400-0037-5507 Account Description: Facility Services Balance as of: <<Insert Date>> Balance after approval of this item: <<Insert Amount>> Please note this balance does not indicate available funding. It does not include non-encumbered reoccurring expenses or expenses incurred,but not yet processed. Motion: Receive and file. Synoosis of Previous Council Action: None. Background: The Public Works Department, Operations&Maintenance Division, is responsible for maintaining City buildings. Over the past several months one of the four air conditioner units at the Police Department building located at 710 North D Street has been failing and operating at 50%capacity. On July 11, 2013 the unit failed completely. The failed unit provides cooling to the main office portion of the building. Due to the summer heat, it was essential that the air conditioner unit be replaced as quickly as possible. Municipal Code 3.04.075, Emergency Purchases states, "In case of emergency,which is so urgent as to preclude advance action by the Mayor and Common Council and which requires purchase of supplies,materials, equipment or contractual services, the City Administrator shall have the authority to authorize the Purchasing Agent to secure in the open market at the lowest obtainable price any such supplies, materials, equipment or contractual services. This emergency authority shall extend to all purchases, irrespective of the fact that the amount might exceed the authorized limitation for open market purchases. In all instances a full explanation of the emergency circumstances shall be filed with the Mayor and Common Council. (Ord. 3893 §2, 1980; Ord. 2588 §7%2, 1964)." Estimated time to order and install a replacement air conditioner unit is approximately 4-6 Updated:7/25/2013 by Linda Sutherland weeks. In order to keep the Police Department open during this time,three(3)quotes were 2615 obtained to rent an air conditioner unit for two months. The bid was given to Trane Rental Services and the temporary air conditioner unit was installed July 16,2013. The cost for the two month rental of the unit was $22,667.20. Quotes were received from the following vendors for the rental of an air conditioner unit for two months: Vendor Location 2 Month Rental Amount Trane Rental Services City of Industry $22,667.20 Aggreko Santa Fe Springs $26,640.00 LaBrea Air, Inc. Culver City $26,588.00 The existing air conditioner units on the Police Department building are manufactured by Trane. They are 50 ton units that are mounted to the roof of the building. To replace the units with a different brand would require structural changes to the roof that would require additional time and expense. Quotes were solicited from vendors who could provide air conditioner units manufactured by Trane. Quotes were solicited from three(3)vendors for replacement and installation of the new air conditioner unit. The low bidder was CCS Contractors, Inc. An Emergency Purchase Order and check in the amount of$101,714 was obtained so that the vendor could order the new unit. On July 17, 2013, CCS Contractors sent an e-mail withdrawing their bid proposal. On July 22, 2013, an Emergency Purchase Order and check in the amount of$128,906 was issued to Western Allied Corporation,the second lowest bidder. Quotes were received from the following vendors for the purchase and installation of an air 1 conditioner unit: Vendor Location Total Cost Western Allied Corp. Santa Fe Spring $128,906 CCS Contractors, Inc. Riverside $101,714 Trane City of Industry $123,588 The quote from Trane did not include 5 year parts and labor warranty or cost for expedited shipping. Suaaortim Documents: Quotes for Air Conditioner Purchase (PDF) Quotes for Air Conditioner Rental (PDF) Updated:7/25/2013 by Linda Sutherland Packet Pg. Sh Linda Dortch From: Tony Frossard Sent: Monday, July 08, 2013 5:35 PM To: Allen Parker Cc: Rick Moreno; Linda Dortch;Vanessa Sanchez; David Cain; Tanya Romo Subject: Police Building air conditioning unit replacement Attachments: SB pd props.pdf; SB PD RTU RPIc 2013 07 2.doc; San Bernardino Police Department iPAK One Unit Replacement 13-1566829 1_REPL,pdf c Allen, `a m As you know one of the air conditioning units needs replacement at the police building. Public Works has acquired three E quotes for the replacement and will be using the Municipal Code provision 3.04.075,Emergency purchases,to select the M contractor from the three attached.I would like to have your written approval for the Finance Department record. m Municipal Code 3.04.075, Emer g enc y purchases states"in � case of an emergency,which is so urgent as to preclude o advance action by the Mayor and Common Council and which requires purchase of supplies,materials,equipment or a contractual services,the City Administrator shall have the authority to authorize the Purchasing Agent to secure in the `o open market at the lowest obtainable price any such supplies, materials,equipment or contractual services.This emergency authority shall extend to all purchases,irrespective of the fact that the amount might exceed the authorized L ar limitation for open market purchases. In all instances a full explanation of the emergency circumstances shall be filed 0 with the Mayor and Common Council.(Ord.3893§2, 1980;Ord.2588§7%, 1964.)" 0 c 0 U Thank you, Q Tony u� Tony Frossard co Director of public Works m City of San Bernardino M L 300 North D Street San Bernardino,CA 92418 ` Office(909)384-5140 a frossard to sbcit .or `- -- ..__ 1� .P c www.sbcity.org o www.facebook.com/sbcitveov `a c 0 From; Rick Moreno Sent; Wednesday, July 03, 2013 10:28 AM L To; Linda Dortch ,Q CC:Tony Frossard w Subject; PD A/C RTU3 Replacement c C3i Linda, u c Here are the three quotes for the replacement of RTU3 at PD. CCS Contractors Inc. is the low bidder and I want exercise the option for the extended five year parts and labor warranty plus the additional cost for an expedited ship date for a E = total cost of$101,714.00.Would you also send out the standard vendors agreement to CCS or to me and I will forward. a Thank you, Rick i Packet Pg. 534 6.G.a CCS Contractors, Inc. ConCmvrER tract IM E('-'H A N ICAL I EN(.;IN ER 11,1(.; i (;F-N (LA 2493 Marsha Ca. y 5er'virrq ,Soulhc:rn C.�t!lforaia Since 1980 Riverside,CA 92506 lei:(951)$36{1698 I'ax;(951)824.7522 June 28,2013 Mr.Rick Moreno m c m Mechanical HVAC Supervisor E t ca Facilities Management Dept, a m O 300 North V Street 0 San Bernardino,Ca.92418 fL L L d _ 0 Dear Sir, 0 Thank you for the Opportunity to serve the City of San Bernardino. CCS Contractors,Inc. proposes to U provide the following equipment,material,and labor secued in place as follows; a Ln • (1)One set of shop drawings and anchorage calculations/implementations stamped by a structural engineer to obtain a City Permit. m • (1)one new 50 ton Trane packaged vav cooling only unit roof top style no.SXHLF504.Unit shall = have a extended cabinet chassis,and built to utilize R-410,dx only,power requirements to be 460v,60h7,3-phase. Inclusion for equipment and brief description are per Submitted Trane priced proposal marked Exhibit 1, • Scope of constructed work is per the received"scope of work"supplied by the City marked and 0 submitted as Exhibit 2. c 0 Additional provisions are stated here with; V L Q 1. Seismic work shall be calculations and engineered by ISAT. `o 2. Subcontractors shall be: n m 0 Inland Pacific Electrical C� Benel Plumbing c m E Maxim Crane Service = ea r ChillTek for freon removal and manifest Q ! DESIGN ( BUILD VENTILATION HVAC I LICENSE#:387513,C26,C43,C38,B Packet P . 535 CCS Contractors, Inc. (,olitraaor I C:IIAI,JIC:AL. + E:NGINE6RIN6 GE'A!F.kAE. 2493 A4arsha(,r, Serving Southern Call(ur'nia Since 1980 Riverside,CA 92506 1'-1:(95?)836)698 __..._..._..._...__..._..__.,...__.............. Fax'(951)624.7572 Trane Factory start-up personnel(included in their base quotation). az' (1) One BacNet/Eschelon or Lontalk Controls Co.for commissioning of existing system as necessary. 3 m T Vendors: a=i E Ryder Truck Rental,of which will layover one night in a City yard so that Owner's mechanics may CL remove or salvage critical needed parts, motors or drives from existing unit loaded on board. 0 m Inclusions; o a CCS to safe-off early one morning during regular week about daybreak, m Maxim Crane to set up with 275 ton capacity crane complete with two spreader bar/gantry o items,one signal man,one flagmen and one operator by about 7:30 am. Old equipment shall be removed from site and new RTU-3 Trane unit shall be lifted and set at V L existing location. Q Notation:CCS Contractors,Inc.shall work aroun '� d the clock with it's subcontractors and vendors � to acquire immediate start up status as soon as possible.This shall include extending all utilities and control connections, a� W M Day 2, 3 IL CCS shall request a factory Trane start up person to validate a guaratee, install seismic hold- c downs,clean roof and remove unwanted copper pipe,drain lines and residual materials.Job 0 completed. 0 Full price value as a base bid proposal Is$91,576.00. V Q Includes one year labor and material warranty,factory start up fee,taxes and FFA. o w Add:$1,840.00 for factory extended value for 2"`'year thru S"year for Parts Warranty. 0 CY Add:$4,198.00 for factory extended value for 2.id year thru Sir'year for Labor Warranty. w c Add:$$5,940.00 for expedite time to 5 weeks production plus shi pping in lieu of the normal E time that is currently 8 weeks plus shipping time. .0 Q DESIGN BUILD I VENTILATION I HVAC LICENSE#:387513,C20,C43,C38,B Packet Pg. 536 AWOL. J.CAMIR CCS Contractors, Inc. Contractor %"A E C 1 1 2493 Maisha Ci. -- -1 A N I C A I. � E N 6;1 N r-E R 1.N G G E 1\1 f".RA f.. Serving 501jillern California Since 1980 Ikkvrside,CA 92506 Tcl:(951)8036-06-98 ................ Fax:(951)$24-7522 Pt.3 cbnt—' S Clarification: It is our understanding to date,that the above proposal and it's contents is predicated on the fact that the City Of San Bernardino shall make special provisions to procure the new Trane E equipment prior to secure delivery/installation and final payment to the contractor Day I of eta CL a) 0 Any questions,please do not hesitate to call, IL I- Very truly yours, 0 0 James S.Carter President co LO U) 0 U) 2 0 0 CY 4.; E M ................ ............... ........ ............ DESIGN BUILD VENTILATION HVAC I LICENSE M 387513,C20,C43,C38,8 Packet Pg. 6.G.a CARTER CCS Contractors, Inc. coninielor FICCHANIC:AL j [.`NGI19Ef RJ.NC GFNf'RA1, 2493Marsha0- Serving Soulh4rn Cali(oraia Since 1980 Riwrside,CA92506 Td;(95')6.36„6^8 1:rx:(951)824.7522 aA C m .r C d m C. d O d v O a L W L d C 0 �o c 0 U L W) N d N R L V L 3 a L d 0 C 0 V L_ a L W d i/ 0 /0 V w C E t V m V it a DESIGN BUILD , VENTILATION , HVAC LICENSE#.,387593,C20,043,038,13 Packet Pg. 538 6.G.a PropoProposal PREPARED FOR: sal Rick Moreno Facilities Engineer a» ° San Bernardino Police Department 710 North D Street C San Bernardino,GA =p .3 m T DATE: _ d June 14,2013 E State License Number:561796 R CL T ON) a) a) D 0 a 0 m c 0 c 0 U = to a t � Y� d a+ O .NUf 1 .P oq - i r,l � d W 0 3 r+ C d E t V R r Q Packet Pg. 53 9 6.G.a Project Services PROJECT MANAGEMENT � m Through years of successful projects,Trane has developed a comprehensive approach to the systems on which every c organization depends.We combine products and services into customized packages that address common concerns d in building infrastructure and operating efficiencies.Our core deliverables and techniques are adapted to create a M solution that is unique to your buildings and needs. a d d While every project is different,most include the following: 0 0 IL Team approach:Trane assembles teams of professionals ,o with expertise in the project's specific type of industry and facility.Teams blend the deep engineering resources of 0 �rxe O :.: Trine with local expertise delivered through Trane commercial field offices and pre-qualified subcontractors. o Project managers:A Trane project manager gives a Q customer single-point access to the company's vast pool of �t resources. Project managers have the company's full to network of local and global resources available at their call. They also oversee subcontractor performance to ensure all u°1i work is delivered on time,per specification and within L ! budget. a d o < =a U 'a 0 w rn m 0 3 r C N E L V Q ©2013 Trane All rights reserved Confidcanital and Proprietary Information of Trano U.S.Inc,dtaa'raane. Page?. M Packet Pg. 540 6.G.a r � Project Services c Cost and quality control:At Trane,we manage,measure and control our supply chain using the defect m o measurement and prevention tools and methodologies of Lean Six Sigma.The supply-chain process is structured with = customer benefits in mind. E r- M CL Qualification of suppliers:All suppliers must pass our evaluation for financial disclosure and stability,meet the 0 m requirements of our scorecard and metrics,and use a Lean Six Sigma approach.All suppliers must also read and 0 comply with the Trane Code of Conduct. 0 a Documentation and recordkeeping:Our project tracking,monitoring and recording are thorough and systematic. w Your Trane contacts can always answer your questions,because we know our tools provide an accurate picture of c project status. 0 r c 0 U L i N d N M V L 3 IL L d c 0 w 0 U L_ Q L w w 0 3 a r c E w a (D 2973 Trane All rights reserved Confidenlint and Propriolary Information of T Lane U.S.Inc.dba Trane Page 3 sii skl!18�"aoa Packet Pg. 5 l Project Fulfillment CONSTRUCTION MANAGEMENT m r c Using a gfobal network of qualified engineers and technicians,Trane undertakes each project with confidence.When d special situations require expertise from subcontractors,we use a rigorous set of criteria to be sure they are qualified. Trane manages construction resources,from labor to materials. c. d O PROFESSIONAL,SERVICES d v The scope of services provided will vary from one project to the next.The requirements of your organization will be 0 different from those of others customers,even those with similar buildings or locations.The following list shows the ` range of services Trane offers(Bold items apply to San Bernardino Police Department HVAC project): 'q o m c 0 • Engineering design(shop drawings) • Savings analysis c 0 • Heating,ventilating and air conditioning(HVAC)system training V • Energy management training Q • Support for Leadership in Energy and Environmental Design(LEED(D)or Green Building Initiative(GBI) ,n accreditation • HVAC maintenance, repair and emergency services • On-site engineer and/or energy manager and training H • Commissioning t v L a L d c O r c O U Q 0 w to d O 0 CY j C d E t V l0 a+ a+ Q ®2073 7rai�u NI rghts rasorved Confldentlal And ProPriatary Information of Trane U.S,Inc.dDa Trane Pape 4 toll rvcx Y';'6{NtCir':o i s Packet Pg.542 6.G.a Operations and Maintenance (O&M) DOCUMENTATION FOR O&M m After we complete the upgrades and construction for a Turnkey Contracting Services project,Trane will deliver the a� documentation needed to keep the investment working properly.We will provide one preliminary copy of as-built drawings—floor plans showing the actual building layouts--and an advance copy of the Operations&Maintenance Q. (O&M)manual. Once these deliverables are reviewed and approved,Trane will submit two copies of final O&M 0 documents,including: m 0 a • Equipment submittals 0 • Service and maintenance procedure manuals y • User and technical manuals = 0 w The more knowledgeable your staff members are about system concepts and equipment,the more beneficial these e 0 systems will be—and the better your building systems will perform. U Q O&M SUMMARY Trane eliminates confusion and complexity about who is responsible for maintenance,repair and monitoring by dearly N defining in the contract which responsibilities belong to Trane and which rest with the customer.As a large global y company,we have the leverage to keep costs down for replacement parts—our own and those of other R manufacturers.Our integrated approach means that Trane engineers and technicians are trained to work with many L brands of equipment,and our extensive network ensures that we have resources close to your building. a L (v At the same time,we have local expertise throughout the country—people who understand the climate,economy, 0 utilities and issues your organization faces.They are your most valuable advisors. c 0 U L Q L 0 w 0 CY V w Q� E V Y Q ............................. .... ®2093 Trano All rights resolved Cenidennal and Proprletary Inrorrnntion of Trane U.S.Inc,dba Trane " Page 5 Packet Pg. 543 6.G.a 3 Waste Management CL 0 a. ty L O DISPOSAL,REUSE=AND RECYCLING c "Green"thinking runs throughout Trane.For its customers as well as its own business,Trane works for sustainability L) through energy conservation measures(ECMs)that reduce carbon footprint and promote waste reduction through L material recycling and reuse. Q LO Codes and regulations: Before starting construction,renovation or demolition,local building codes and N permitting requirements are validated and,if necessary, local industry authorities are contacted to obtain regulatory and compliance information. d to • Waste disposal:Job-site solids with no reuse or recycling 0 y g potential are sent to appropriate"inert landfills" '_ which manage concrete, asphalt, masonry, ceramics, glass,aluminum,stainless steel and other construction waste. The same materials may be delivered to"limited purpose landfills,"which also accept a industrial and demolition waste, scrap wood and"problern waste." m • Federal and local compliance:Trane complies with the U,S, Environmental Protection Agency(EPA), O Occupational Safety and Health Administration(OSHA)and local and state jurisdictions governing materials handling and proper waste disposal. 0 • Refrigerant management:Taking proper care of refrigerants and related oils is crit€cal to protecting the V environment—and to sustaining the optimized energy efficiency of equipment that uses refrigerant.Trane Q technicians,licensed and certified in compliance with 40 CFR, Part 82.Subpart F of the U.S.Clean Air Act, O follow a documented,step-by-step process for recovering, reclaiming and recycling refrigerants.The N process involves four steps: .r O 1. Identification and tagging of refrigerants for trackin O g purposes +; 2. Appropriate recovery, reclamation,or recycling d 3. Reporting, including use of Trane Refrigerant Management software � 4. Auditing to ensure process compliance = �o .r r Q ©20i3'frana Atlrigb(sreaerved Confidential and Proprielary Information of Trane U.S.bra dba Trane Papo 6 Packet Pg. 544 6.G.a s n < Scope of Work DESIGN .3 m • Provide shop drawings and anchorage calculations for city permits • Purchase and obtain cit y permit m E EQUIPMENT 0. m O Item Tag(s) I Qty Description Mode[Number 0 Al RTU-3 1 50 Ton Packaged Cooling Only Rooftop SXHLF504 0 a Product Data-Commercial Rooftop Air Conditioning Units(Midrange) w Item:All Qty:1 Tag(s):RTU-3 d c DX Cooling Only With Extended Casing g R410A Development sequence 60 Ton Unit 0 460 Volt-GO Hertz-3 Phase U 100%Exhaust-10 Hp with Statitrac Q 0-100%Economizer control w/dry bulb Lo Extended Grease lines r 2.00"[51mm)Spring isolators N High Efficiency Throwaway Filters m 25 Hp FC Supply Fan w R VAV-Discharge Temp Ctrl-Supply and Exhaust Fan with VFD with Bypass s Standard ambient control � cULus a L High capacity unit °' c Hinged Access doors 0 Lontalk communication interface module c IntelliPak Replacement Unit o 1st Year Parts and Labor warranty(see option below) CL •a 0 w U) d r 0 0 Cal w c a� E r R Q �O 2019 Trane All rights reseraed Confldent+al and PropOelary Information of Trane U.S.Inc.dba Trnno Page 7 1__US ,»If7glk'an. Packet Pg. 545 �� 2 p c yap }� eau •a lam, TURNKEY INSTALLATION c • Provide project management and administration for scope of work • Refrigerant removal and replacement per applicable law. 3 • Removal and disposal of(1)existing 50-ton units, m • Crane to remove the old unit and dispose,all salvage right reserved. _ • Crane,rig and set the new equipment onto existing curb and frame. m • Install(1)new Trane high efficiency air cooled rooftop IntelliPakYM Air Conditioning unit E 1= • Reconnect to existing tine voltage, low voltage wiring and conduits. M • Reconnect to existing condensate drain lines. m Reconnect control wiring, Carrier interface boards and static pressure controls. G • Commissioning and startup of new unit. 0 • Factory one year parts and labor warranty on new systems.(see warranty options below) o a 6. 0 CLARIFICATIONS d • Existing disconnects to remain. e • Existing smoke detectors to be re-used and reconnected to new unit like-for-like. _ • New unit is lighter in weight than existing therefore the following items are defined in this scope: •o • No structural engineering or modifications are included, p o Trane will not modify the existing curb-to-roof attachments V • All roofing to be left alone,no roofing work is required or included. Q • Scope is for replacement of rooftop AIC system. No air distribution ductwork or control modifications below the roofline are included. Trane assumes existing system are functioning. Ln • Customer may need to have current controls vendor re-commission new unit into their system. This is N excluded by Trane. • The city will verify underground area where crane will set up for potential damage due to the weight of the N crane. R • All prevailing wage labor for regular business hours. r • Scope of work is for items defined above. Work not defined is not included. � • Labor is based on normal working hours,7:00am--4:00 pm M-F. a L d INTERIM RENTAL UNIT c 0 Due to the critical nature of police department operations,as an option you may choose to rent a backup A/C system.. This unit will be a ground-set 50 unit ducted to the roof and interconnected with the existing A/C system. o Please refer to rental proposal provided under separate cover for detailed scope and pricing. V FINANCIAL ITEMS NOT INCLUDED Q • Bid Bond w • Payment and Performance Bond 44) • Liquidated or Consequential Damages o • Participation in OCIOP or CCIP insurance Programs d Payment terms are cash In advance only. c ar E r v R .r r Q 0 2611 Trane All dohiu r"mod C00fiden1hil Arid Proprietary Information of Trane U.S.Inc.dba Trane nape a +�y VVAW••u 6.G.a a Pricing and Acceptance Total Net Pricing Including Sales Tax m rProject Price $ 137,940 untAmount $ 21,243 E roject Price $ 116 69? anty Option-5 Year P&L 6891 with 5 Year Warranty 0 Respectfully submitted, a 0 w r d _ 0 r Kerry Frank 'a c Senior Account Manager p Trane U.S. Inc.dba Trane U O(626)913-7123 : C(818)391-4656 Q ACCEPTANCE to N This proposal is subject to Customer's acceptance of the attached Trane Terms and Conditions. We value the confidence you have placed in Trane and look forward to working with you. N Submitted BY: Kerry Frank Y -- Cell: (818)391-4656 — L Office: (626)913-7123 Proposal Date: June 14,2013 a CUSTOMER ACCEPTANCE d _ City of San Bernardino TRANS ACCEPTANCE o Trane U.S.Inc.dba Trane Authorized Representative o ` Authorized Representative Q Printed Name Printed Name y Title Title --••__-_.___--..__. Q Purchase Order: Signature Date Acceptance Date E z to r .r Q rU nfid Trana All rights rosonfo r! Confidential anti Proprlctary Information of Trano U.S.Inc.dba Trane Page 9 ao i1llgaf,9'au Packet Pg. 547 6.G.a TERMS AND CONDITIONS-INSTALLATION 0I "Company"shall moan Trano U.S.Inc.ilia Trene. C 1. Acceptance; Agreement. These terms and conditions are an integral pan of Company's offer and form the basis of any agreement(the "Agreement")resulting from Company's proposal(the"Proposal")for the goods and/or services described(the"Work"). COMPANY'S TERMS AND CONDITIONS ARE SUBJECT TO PERIODIC CHANGE OR AMENDMENT,The Proposal is subject to acceptance in writing by the party to wtlom this offer Is m made or an authorized agent("Customer')delivered to Company within 30 days from Ilia date of Ilia Proposal.If Customer accepts the Proposal by placing an +' order,without the addition or any other terms and conditions of sale or any other modification,Customers order shall be deemed acceptance of the Proposal y subject to Company's terms and conditions. if Customer's order Is expressly conditioned upon Company's acceptance or assent to terms and/or conditions E other than those expressed herein,return of such order by Company with Company's terms and conditions attached or referenced serves as Company's notice of objection to Customer's terms and as Company's counter-offer to provide Work in accordance with the Proposal and the Company terms and conditions. If Customer does not reject or olzjeci in writing to Company viidnin 10 days,Company's counter-offer will be deemed accepted. Customer's acceptance of th Q. e C Work by Company will In any event constitute an acceptance by Customer of Companys terms and conditions.In the case of a dispute,the applicable terms and conditions will be those in effect at the time of delivery or acceptance of[lie Work.This Agreoment is subject to credit approval by Company. Upon 0 disapproval of credit,Company may delay or suspend performance or,at Its option,renegotiate prices and/or terms and conditions with Customer. if Company V end Customer are unable 10 agree on such revisions,this Agreement shall be cancelled without any liability,other than Customer's obligation to pay for Work 0 rendered by Company to the date of cancellation. (1 2. Pricing and Taxes. Unless otherwise noted,the price in the Proposal includes standard ground transportation and,if required by law,all sates,consumer, i use and similar taxes legally enacted as of the dale hereof for equipment and material installed by Company. Tax exemption Is contingent upon Customer ,0 furnishing appropriate certificates evidencing Customer's tax exempt status.Company shall charge Customer additional costs for bonds agreed to be provided. i Equipment sold on an uninstalled basis and any taxable labor/labour do not include sales tax and taxes will be added. Following acceptance without addition of 0 any other terms and condition of sale or any otter modification by Customer.the prices slated are firm provided that notification of release for Immediate C O production and shipment is received at the factory not later than 3 months from order receipt- If such release Is received later than 3 mo illis from order receipt +_+ data,prices will be increased a straight 1%(not compounded)for each one-month period(or part thereop beyond the 3 month firm price period up to the date of a receipt of such release. If such roklaso is not rocolved within 6 months alter data of order rocelpl.Ilia prices are subject to renegotiation,or at Company's O option,Ilia order will be cancelled. Any delay in shipment caused by Customer's actions Will subject prices 10 Increase equal to the percentage increase In Ilsl O prices durinu that period of delay and Company may charge Customer with incurred storage fees. V 3. Exclusions from Work, Company's obligation is limited to the Work as defined and does not include any modifications to the Work site under the Q Americans With Disabilities Act or any other law or building code(s). In no event shat Company be required to perform work Company reasonably believes is outside of the defined Work without a written change order sronad by Customer and Company. to 4. Performance. Company shall perform the Work In accordance with Industry standards generally applicable in the area under slmfiar circumstances as of file time Company performs the Work Company may refuse to perform any Work where working conditions could endanger property or put at risk the safely or N persons. Unless otherwise agreed to by Customer and Company,at Customer's expense and before the Work begins,Customer wit provide any necessary access platforms.catwalks to safely perform Ilia Work in Comptinnce Will OSHA or slate Industrial safety regulations. 0 5, Payment. Customer shall pay Company's Invoices within net 30 days of fnvoice date. Company may Invoice Customer for all equipment or material to furnished,whether delivered 10 the installation site or to an off storage facility and for ail Work performed on-site or off-she. No retention ehalf be withheld t from any payments except as expressly agreed in writing by Company,in which case retention shall be reduced per[tie contract daCUmanla and released no 0 later than Ilia date of substantial completion. Under no circumstances shall any retention be withheld for the equipment portion of file order If payment is not 7 received as required,Company may suspend performance and the time for completion shall be extended for a reasonable period of Ilmo not less than the D. period of suspension. Customer shall be liable to Company for all reasonable shutdown,standby and start-up costs as a result of the suspension. Company L. 0 reserves the right to add to any account outstanding for more than 30 days a service dnaroo equal to 1.5%of the principal amourt duo at the end of each C month. Cuslomor shall pay alf costs(Including auornoys'foes)Incurred by Company in attempting to collect amounts due and otherwise enforcing these terms G and conditions. If requested,Company will provide appropriate lion waivers upon receipt of payrrhont- Customer agrees that,unless Customer makes payment �= in advance,Company wilt have a purchase money security interest in all equipment from Company to secure payment fn full of all amounts due Company and O Its order for the equipment,together with these terms and conditions,form a security agreement. Customer shall keep the equipment free of all taxes and O oncumbrencas,shall not remove the equipment from its original installation point and shall not assign or transfer ally interest in[tie equipment until all payments U due Company have been made. i 6. Time for Completion. Except to the extent olln;+wise expressly agreed in writing signed by an authofzed representative of Company,all dates provided by Q Company or its representatives for commencement,progress or completion are estimates only. While Company shelf use commercially reasonable effarls to L_ meet such estimated dates,Company shall not be responsible for any damages for tls failure to do so. r. 7. Access. Company and its subcontractors shall be provided access to the Work site during regular business hours,or such other hours as maybe requested W by Company and acceptable to Ilia Work site'owner or tenant for(the performance of Ilia Work,including sufriclam areas for staging,mobilization,and storage, rO) Company's access to correct any emergency condition shall not be restricted. O 7 n. Completion. Notwithstanding any either term or condition herein,when Company informs Customer that the Work has been completed,Cuslomor shall Cy Inspect the Work In file presence of Company's representative,and Customer shall either(a)accept file Work in its entirely in writing,or(b)accept the Work in part and specifically identify,in whiling,any exception Items. Customer agrees to re-Inspect any and all excepted Items as soon as Company Informs Customer C !hat elf such excepted items have been comptele.3. The Initial acceptanco Inspection shall take place adUnin ten(10)days from the date wfnen Company Informs 0 Customer Thal the Work has been completed. Any subsequent re-Inspaction of excepted items shall fake place within five(5)days from the date Wien Company Informs Customer that the excepted itonns have been completed. Customer's failure to cooperate and corrgilete any of said Inspections within the L V tC Q 0 2013 Trano All rights roserved Confidential and Pfoprfetary Information of Tnine U.S.inc.dbe Trano Pape 10 ,she 1�W�fk'x„r Packet Pg. 548 f T 4 required time limits shall constitute complete acceptance of the Work es of let)(10)days from dale what)Company Informs Customer that the Work,or the excepted Ilems,if applicable,haslhave been completed. 9. Permits and Governmental Fees. Company shell secure(tvflh Customer's asslstance.)and pay for building and other permits and Governmental fees, licenses,and inspections necessary for proper performance and completion of the Work which are legapy required when bids from Company's subcontractors are received,negotiations thereon concluded,or the effective date of a relevant Change Order,whichever is later. Customer is responsible for necessary '3 approvals,easements,assessments and charges for construction,use or occupancy of permanent structures or for permanent changes to existing tecllilies. If m the cost of such permits,lees,licenses and inspections are not included In the Proposal,Company WII invoico Customer for such costs. , 10. Ulllltles During Constructlon, Customer shall provide without charge to Company all water,heat,end utilities required for performance of The Work. 11, Concoaled or Unknown Conditions. in the performance of the Work,if Cornpany encounters conditions at the Work rile that are(1)subsurface or (D othetwtse concealed physical conditions that differ materially from those fadicated on drawings expressly incorporated herein or Ili)unknown physical conditions E Of an unusual nature that differ materially from those condilions Ordinarily found to exist end generally recognized as Inherent In construction activities of the type to and character as file Work.Company shall notify Customer of such conditions promptly,prior to significantly disturbing same. If such conditions differ materially Q. and cause an Increase In Company's cost of,or time required for,performance or any pan of the Work,Company shall be entitled to,and Customer shall 4) consent by Change Order to,an equitable adjustment in the Contract Price,contract time,or both. 12. Pro•Exlsting Conditions. Company Is not liable for any claims,damages,IOSSOS,or expenses,arising from or related to renditions that existed In,on,or d V upon the Work silo before the Commencement Date of this Agreement('Pre•Exisling Conditions),including,without 7lmhaaon,damages,torsos,or expenses '� Involving Pre-Exisling Conditions of building envelope issues,mechanical issues,plumbing Issues,andtor indoor air quality Issues involving mold/mould andfor d fungi. Company also is not liable for any claims,damages,losses.Or expenses,arising from or related to work done by or servlces provrdad by individuals or L entillas that are not ernployed by or hired by Company, O 13. Asbestos and Hazardous Materials. Company's Work and other services In connection with this Agreement expressly excludes any Identification, L abatement, cleanup, control, disposal,removal or other work connected with asbestos, polychlorinated biphenyl (`PCB").or other hazardous materials d (hefelna"Or,collectively,"Hazardous Materials'). Customer warrants and represents that,oxcepl as set forth In a writing stoned by Company,there are no O Hazardous Materials on the Work alto that will in any way affect Company's Work and Customer has disclosed to Company The existence and location or an O P Y y w, Hazardous Materials In all areas Within which Company WII be performing the Work. Should Company become aware of or suspect the presence of Hazardous -O Materials,Company may immediately stop work in the affected area and shall notify Customer. Customer will be exclusively responsible for taking any and all C action necessary to correct the condition in accordance Wit)all applicable laws and regulations. Customer shall be exclusively responsible for and shall O Indemnify and hold harmess Company(frcluding Its Ompfoyeas,agents and subcontractors)from and against ally loss,claim,liability,fees,penalties,injury V L (including death)or liability of any nature,and the payrranl thereof arising out of or relating To any Hazardous Materials on or about tit¢Work silo,not brought Q onto the Work site by Company.Companyshafl be required l0 resume performance of the Work In the affected area only in the absence of Hazardous Materials or When the affected area has been rendered harmless. In no event shell Company be obligated to transport or handle Hazardous Materiels,provide any UJ notices to any governmental agency,or examina the Work she for life presence of Hazardous Materials. 14. Force Majoure. Company's duty to perform under this Agreement is contingent upon the non-occurrence of an Event of Force Majeure, ff Company shall be unable to car Out an material obligation under this N, carry Y g Agreement due to an Event Oi Force Majeure,obis Agreement slmt(at Company's election(I)remain in effect but Company's obligations shall be suspended unlll the uncontrollable even(lorminates or(ft)be terminated upon 10 days notice to Customer,in which d event Customer shall Pay Company for all parts of the Work furnished to the dale of lermination. An"Event of Force Majoure"shall mean ony cause or enril N beyond the control of Company. Without limiting the forogoing,"Event of Force Majeure"Includes'acts of God;acts of terrorism.war or life public enemy;flood; L earthquake;tornado;storm;tire;civil dfsobed(once;pandemic InsureNions;riots;Ieborlla0our disputes;labor/labour or material shortages;sebolepe;restraint ` by Court order or public authority(Whether valid or invalid),and acllon of non-action by or hillbilly to obtain of keep im force the necessary governmental 3 authorizations,permits,licenses,certificates or approvals if not caused by Company;and the requirements of any applicable government In any manner that fZ diverts either the material or life finished product to tho direct or Indirect benefit of the government. L ib. Customer's Broach. Each of the following events or conditions shall constitute a breach by Customer and shall give Company the 60111,without an d C election of remOdtae,to lerminaty dills Agreement or suspend peTfonnenco by delivery of written notice declaring termination,upon which event Customer shall O be liable to Company for aN Work furnished to date and all damages sustained by Company(Including lost profit and overhead):(1)Any failure by Customer to Pay amounts when due;Or(2)any general assignment by Customer for the benefit of its creditors,or If Customer becomes bankrupt or Insolvent or takes the benefit of any slolute for bankrupt or insolvent debtors,or makes or proposes to make any proposal or arranoement Win creditors,or If any steps are taken for O the winding up or other termination of Customer or file liquidation of its assets,or N a trustee,receiver,or similar person Is appointed over any of the assets Or V kdoresls of Customer,(3)Any representation or warranty furnishod by CUSlemer In this Agreernom is false or misleading in any material respect when made;or L (4)Any failure by Customer to perform er comply with any material provision of this Agreement. Q 16. Indemnity. To file fullest extent permitted by law.Company and Customer Shall indemnify,defend and hold harmless each other from any and all claims, L actions,costs,expenses, damages and liaMilies.Including reasonable attorneys'fees,resulting from death or bodily injury or damage to real of tangible 0 porsonal property,to the extent caused by the negligence of miSeonduct of thek respective employees or other authorized agents in connection with their y activities within the scope of this Agroement. Nen hor party shall Indemnify the other against claims,damages,expenses Or liabilities to flip extent attributable to d the ads or omissions of the other party. 11'the parties are both at fault,the obligation to indemnify shall be proportional 10 their relative fault, The duly to O indemnify wl(t continua in full f.,co and effect,nolwflhstanding time expiration or early termination hereof,with respect to any claims based on facts or conditions that occurred prior to expiration or termination. d 17. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY,IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT CONSEQUENTIAL, OR PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION BUSINESS y INTERRUPTION,LOST DATA,LOST REVENUE,LOST PROFITS,LOST DOLLAR SAVINGS,OR LOST ENERGY USE SAVINGS,EVEN IF A PARTY HAS E BEEN ADVISED OF SUCH POSSIBLE DAMAGES OR IF SAME WERE REASONABLY FORESEEABLE AND REGARDLESS OF WHETHER THE CAUSE t V t0 a+ Q Q 2013 Trane All rights resorved n Confidential and Proprietary hftormation of Trane U.S.Inc.dba Trane Pape 11 w*ITMivl; Packet Pg. 549 OF ACTION IS FRAMED IN CONTRACT,NEGLIGENCE,ANY OTHER TORT,WARRANTY,STRICT LIABILITY,OR PRODUCT LIABILITY). In no event will Company's liability in connection with the provision of products or services orothorwiso under this Agreement exceed Ilia entire amount paid to Company by Customer under this Agreement. C 18. patent Indemnity. Company snail protect and indemnify Customer from and against all claims,damages,Judgments and loss arising from Infringement or '13 alleged inf+rngenient of any United Stales patent by any of the goods manufactured by Company and delivered hereunder,provided that in the event of suit or '3 threat of sell for patent Infringement.Company shall prompify be notified and given full opportunity to negotiate a settlement. Company does not warrant against m infringement by reason of Customers design of the adictes or the use thereof In combination with other materials or in the operation of any process. In the w event of liligation,Customer agrees to reasonably cooperate Will Company, in connecion with any proceeding under the provisions of this Section,all parties O concerned shall be entitled to be represented by counsel at their own expense. d 19. Limited Warranty. Company warrants for a period of 12 months from the dale of substantial completion("Wananty Period")equipment manufactured by E Company against failure due to defects in material and manufacture and that the labor/labour furnished Is warranted to have been properly performed(the M 'Warranty'). Product manufactured by Company that Includes required startup and Is sold In North America will not be warranted by Company t2 unless Company performs the product start-up.Substantial completion shall be the earlier of the date that the Work Is sufficiently complete so that the Work O can be utilized far as intended use or the date that Customer receives beneficial use of the Work.if such defect is discovered vAlhin the Warranty period, Company will correct the defect or furnish replacement equipment(or,at its option,parts therefor)and,if Bald equlpntent was installed pursuant hereto,labor V associated with the roplawment of parts or equipment not conforming to this Warranty. Defects must be reported to Company within the Warranty period. '- Exclusions from this Warranty include damage or failure arising from:wear and tear;corrosion,erosion,deterioration;Customer's failure to follow ilia Company O provided maintenance plan;refrigerant not supplied by Trane;and modifications made by others to Companys equipment. Company shell not be obliaared to a L pay for the cost of lost refrigerant or lost product.Additional terms and conditions of warranty coverage are applicable for refrigeration equipment. Some r0 components of Company equipment may be warranted directly from Ilia component supplier,in which event this Company Warranty shall not apply to those y" components but shall be pursuant to the warranty given by such component supplier.Nolw)lhslanding the foregoing,all warronflas provided herein terminate O upon termination or cancellation of this Agreement.No warranty liablllly whatsoever shall attach to Company until the Work has been paid for in full and then said liability shall be limited to the lesser of Company's cost to correct the defective Work andlor the purchase price of the equipment shown to be defective. C Equ£pator?,material and/or parts that are not manufactured by Company are not warranted by Company and have such warranties as may be extended by the -O respective manufacturer.Trano equipment sold on an unhistallod basis Is warranted In accordance wllh Trane's standard warronly for supplied equipmenL THE C WARRANTY AND LIABILITY SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES,WHETHERiN O CONTRACT OR IN NEGLIGENCE,EXPRESS OR IMPLIED,IN LAW OR IN FACT,INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND V FITNESS FOR A PARTICULAR PURPOSE ANDJOR OTHERS ARISING FROM COURSE OF DEALING OR TRADE. UNLESS EXPRESSLY WARRANTED / IN WRITING FOR CERTAIN HUSSMANN BRANDED EQUIPMENT,COMPANY MAKES NO REPRESENTATION OR WARRANTY EXPRESS OR IMPLIED Q REGARDING PREVENTION BY THE WORK,OR ANY COMPONENT THEREOF,OF MOLDIMOULD,FUNGUS,BACTERIA,MICR091AL GROWTH,OR to ANY OTHER CONTAMINATES. COMPANY SPECIFICALLY DISCLAIMS ANY LiABRATY IF THE WORK OR ANY COMPONENT THEREOF IS USED TO T_ PREVENT OR INHIBIT THE GROWTH OF SUCH MATERIALS, to 20. Insurance. Company agrees to maintain the following insurance while Ilia Work Is being performed with limits not loss Than shown bNOw and wIH.upon request from Customer,provide It Certificate of evidencing the following coverage_ d Commercial General Liability $2,000,000 per occurrence to Automobile Liability $2,000,000 CSL l0 Workers Compensalloil Statutory Limits L V If Customer has requested to be named as an additional Insured under Company's insurance policy, Company will do so but only subject to Company's - manuscript additional insured endorsement under Its primary Commercial General Liabilily poicies. In no event does Company waive Its right of subrogation. tZ 21.Commencerri of Statutory Limitation Period.Except as to warranty claims,as may be applicable,any applicable statutes of llmllallon for acts or i failures Id act shall commence to run,and any alleged cause of action stemming therefrom shall be deemed to have accrued,in any and all events not later than tv C the fast dale that Trans or Its subcontractors physically performed work on Inc project site. O 22. General. L:XCOpI ac provided below,to the maximum extent provided by law,this Agreement Is made and shall be interpreted and enforced 41 accordance with the laws of the state or province in which the Work is performed,wilhoul regard to choice of law principles which might olhcrwiso Call for the application of a different state's taw. Any dispute arising under or relating to this Agreement that is not disposod of by agreement shall be decided by litigation In a court of = competent jurisdiction located in the state of province In which the Work Is parfonmed. Any action or suit arising out of or related to[his Agreement must be V commenced within one year after the cause of action has scaued. o the extent the Work site Is owned and/or operated by any agency of the Federal L Government,determination of any substantive Issue Of law shell be according to the Federal common law of Government conlrocis as enunciated and applied Q by Federal Judicial bodies and boards of contract appeals of the Federal Government.This Agreement contains all of the agreements,representations and s_ underslandings of the parties and supersedes all previous understandings,commilmonls or agreements,oral or valnen,related to the subject matter hereof. w This Agreement may riot be amended,modified or terminated except by a wr£fing signed by the parties hereto. No documents shall be Incorporated herein by y reference except to the extent Company is a signatory lherrion. If any term or condilion of this Agreement is invalid,illegal or incapable of being enforced by any r rule of law,all other terms and conditions of this Agreement will nevortheiess remain In full force and effect as long as the economic Of legal substance of the O transaction contemplated hereby is not affected in a manner adverse to any party hereto.Customer may not assign,Iransfar,or convoy this Agreement,or any 3 part hereof,or its right,title or interest herein,without lice written wnsen(of the Company. Subject to ilia foregoing,this Agreement shalt be binding upon and CY inure to Ilia benefit of Customer's permitted successors and assigns. This Agreement may be executed in sevond oounlorparls,each of whidt when executed shall be doomed to be an original,but ill logelher shall corns,iivta Dist one and the samo Agreornont. A huiy oxecutod fncs mee copy hereof or the several = counterparts shall suffice as an original. d E L V n3 a r 9 Q C)2013 Trane All rights reserved Air Conftdonlial and Proprietary Information of Tmne U.S.Inc.dba Trane Pago 12 Packet Pg. 550 6.G.a 23. Equaf Employment OpportualWAMMelive Action Clause. Company is a federal contractor that complies fully with E=xecutive Order 11246,as amended,and the appiicabto regulations wnlahned In 41 C.F.R.Pans 60.1 Through 6D-6D,29 U.S.C.Section 793 and the applicable regulations contained in 41 C.F.R.Part 60.741;and 36 U.S.C.Section 4212 and the applicable regulations contained In 41 C.F.R.Part 60.250;and Executive Order 13486 and Section 29 CFR 471,appendix A to subpart A,regarding the notice of employee rights In the United States and with Canadian Charter of Rights and Freedoms Schedule B to OIL Canada Act 1362(U.K.)1982,c,11 and applicable Provincial Human Rights Codes and empioymenl lawin Canada. 24. U.S.Government Work. The followbrg provislon appltas only to direct sales by Company to the US Government, The Partles acknowledge that all m items or sarvicas ordered and delivered under this Agreement are Commercial items as defined under Part 12 of the Federal Acquisition Regulation(FAR).In par4ouiar,Company agrees to be bound only by those Federal contracting clauses that apply to'comrne(clar 9400fs and that are contained In FAR 52.2.12- r+ C 5{e)(1). Company complies with 52.219.0 or 52.219-9 in its service and instailatlon conhac8np business. (D The following Provision applies only to Ind lrect sales by ConnPany to file US Governmont. As a Commercial Ilem Subcontractor,Company accepts only the tolfovring mandatory flow down provisions: 52,219.8;52.222-26:52.222.35;52.222-36;$2,222-39;52.247-64, If the Work is in oonnecgon wilt,a U.S. R Government contract,Customer certifies that it has provided and will provide current,accurate,and complete information,representations and certifications to CL all government OMNSIs,Including but not limited to the contracting officer and officials of the Small Business Administration,on all matters related to the ptlme contract,Including but not limited to all aspects of Its ownership,eligibility,and performance. Anything herein nolwRlislanding,Company will have no obligations to Customer unless and until Customer provides Company with a true,correct and complete executed p p 0 provide copies to Company of ell requested written commuhtcatfons Will an related to of a ante contract. Upon request,Customer will V oxeculi0ro thereof,including but not limited to any communications related to Customer's ownership.eligibility Of performance of prior he prime ontractB11Customer O will oblaln written authorization and approval from Company prior to providing any government official any information about Company's performance of the d work Thal fs the subjec!of Iho Proposal or tils Agreement,other than fine Proposal or tills Agreement. 0 NOTICE: Company is restricted from receiving funds appropriated or otherwise made available under U.S Public Laws 110.161,111-8,and 111 d 1-26.251-10(1012) 0 Supersedes 1-26.251-10(0711) C O U Q co N d to R L V L a L ill C O r C O U Q O w to m O O O c to L v to r Q ...... ......................._............,................. 2013 T'rane All riDbts reserved Confidential and Proprielary Informalion of Trans U.S.htc,dbe Trees bar Page 13 s`.Y FPajcket Pg. 551 WESTERN ALLIED CORP. Mechanical Contractors/Customer Service Division Contractors License No. 198821 Air Conditioning Systems Installation and Maintenance Tel. 562-944-6341, Fax 562-944-8138 July 2,2013 San Bernardino Police Department City San Bernardino, CA. —° 3 to p 909-208-4018 E Attn: Mr. Rick Moreno a Project Manager o a� Sub.: San Bernardino Police Dept. a 50 Ton RTU Replace `o w L Dear Rick: c We are pleased to offer you the following pricing for the above referenced project: c0 L Proposed Scope of Work: Q Scope Clarifications The labor work hours for this project will be Saturday overtime during 6:30 AM to 2:30 1'M work C4 hours. Furnish and install 50 ton air cooled Trane roof top package unit with the following M specifications: ` o R4IOA Development sequence a' 0 50 Ton Unit model i# SXHLF504 0 460 Volt-60 Hertz-3 Phase o 0 100%Exhaust- 10 Hp with Statitrac 0 0— 100%Economizer control w/dry bulb 0 o Extended Grease lines L 0 2.00" [51 ntm] Sprint;isolators Q o MET V 8 Hi-FIT TA filters ,o • 25 Hp Supply Fart • VAV- Discharge Temp Ctrl-Supply and Exhaust Fan with VFD with 0 Bypass Cl • Standard ambient control c a� • Ul.,Listed E • High capacity unit • Hinged Access doors a o Lonialk communication interface module • Demo existing unit. • Recover refrigerant per EPA guideline. AOMN Packet Pg. 552 WEISTERNAL.LI D CORP. Mechanical Contractors/Customer°&S -vice Division Contractors License No. 198821 Air Conditioning Systems,installation and Maintenance Tel. S62-944-6341, Fax 562-944-8138 • Reconnect power to new unit and we assume existing service has enough capacity for new unit. • Reconnect condensate drain line. a, • We will provide structural engineering calculation,and any cost associated with structural work is excluded if needed. • Start up and commissioning. 00 r • Rigging • City Permit E • I st Year Parts and Labor warranty a as 0 Specifically excluded from the scope are: � 1. All life/safety or fire protection and smoke control work. o 2. BMS DDC control a w 3, Upgrading or repair of any existing equipment related to the Scope above. L 4. Repair of existing work below roof: ° 5. Warranty on any existing equipment. 6. All Structural engineering and work otherwise noted. c U 7. All electrical and conduit for high and low voltage wiring. L 8. All plumbing work. a Ln 9. Labor for outside 3rd party commissioning agent not included if so desired. 10. Provide point list of new and existing equipment. 11. All painting,cutting,patching,and framing of penetrations including any fire damper openings. 12. Concrete or grouting, a 13. All Architectural work, sight screens etc. as 14. Architectural access items such as access doors,ladders,grating,railings,etc. r 15. Hazardous materials work or removal including asbestos,etc. ° 16. Performance or payment bonds add 1 %z%of total cost, if required. ° U 17. Expediting charges for equipment or materials. a 18. General Conditions items such as Toilets,trash bins,etc. 19. Any and all other items not associated within the work as described for HVAC in r this Proposal is expressly ° 1 p p y excluded. 0 car Our cost as described above is $109,837.00 Add for overtime(Saturday work) $7,563.00 Add for structural engineering calculation, if required. $3,000.00 r a rPacket Pg. 553 WESTERN ALLIED CORP. Mechanical Contractors/Customer Service Division Contractors License No. 198821 Air° Conditioning Systems Installation and Maintenance 7O. 562-944-6341, ,C'ax 562--944-8138 Rick thank you for giving us the opportunity to bid this project. I am looking forward to work with you. Please call me if you have any questions Respectfully, Steve Taheri m Steve Taher! c d E If this proposal meets with your approval,please indicate your acceptance by R CL signing one copy in the space provided and returning a copy for our file. o m Accepted by, Date; o a L 0 W L 0 0 0 U L_ Q LO N d N R r V L 0 a L 0 0 0 bd 0 0 U L Q L O 0 w 0 /0 V -;j 0 0 E t V 0 it Q Packet Pg. 554 G-A b 1 �fu:�g vrvc•.,.r:% F'vN1';',cib 1 kf Trane Rental Services - Runtal.S ndces ALLEN KNOPF 714-269-9755 6/5/2013 San Bernardino Police Dept. Click here to enter City, State,Zip c Project Name:San Bernardino PID—60T Rental TRS Quote#: R132794 m Thank you for contacting Trane Rental Services for your temporary equipment needs. Trane Rental Services is pleased to E offer you this proposal for equipment and installation services as noted to meet your system requirements. Upon your written � acceptance, this proposal will constitute the Rental Agreement. a m Equipment Rented � m This proposal is subject to your acceptance for 30 days from the date above and is contingent upon equipment availability at the time of 2 contract.Rental rates do not include applicable taxes or dellvery and return charges unless otherwise noted. 0 IL Description(mandatory) _ Quantit Descry tion _ o p_. Quantit «- 50 Ton Packaged DX,Vertical 460V 1 c 0 20"round Flexduct-as needed 210 temp,electric cable as needed c Q coo m Rental Rate: Monthly=$ 5,680+tax($468.00) =$6,148.60 per month. Notes: 0 $5,680+ tax per month. This is the base rate. See adds below. c 0 U L_ 1-- 4 Equipment insurance Value(insurance_to be provided by customer,inandctory)—=$93,900 -- o Pre_ fight aNi • r Freight Charges for this Quote:$ 9,480 0 • Freight Charge quoted above does not include freight for generators or products Trane Rental Services re-rents from others; C actual freight charges will be added when invoiced as a separate line unless otherwise noted. _ ........._---_..-_... Additional Notes: One time round trip fee for freight $1,480 — — E t U M Q Packet Pg.-W5 6.G.b Installatiori lDecommfssionigalLabor -Optional Trane will do a turnkey hook up of the rental unit, including running and connecting the temp, Flex duct and temp. Electric cables. This includes Trane removing the unit from the trailer, At the end of the rental time, Trane will disconnect and remove the equipment. The cost for this is: $8,890 Start-up Labor -Optional Included by Trane 00 .r Additional Services Provided E +a m [Every r the above pricing,first month rental will be: $5,680+$1,480+$8,890=$16,050+tax($468.60) = 6,598.60 first month.month after the first will be$5,680+tax($468.60)_ $6,148.60 a° L _Customer Responsibilities(in addition to items listed in Terms and Conditions) • Any lifting or offloading of equipment p • Any operating pennits • Any union tabor � • Generator fueling t0 Trane will not provide permits m N r C Thank you for giving us this opportunity. Please contact me if you have any questions or concerns. d c Sincerely, 4 c Allen Knopf v Trane Rental Services Q Cell: 714-269-9755 0 w N d a+ O 7 a d M a Packet Pg. 556 Rented to(Customer Name mandatory): Ship to(mandatory): Company Name Company Name Address 1 Addrecs 1 Address Continued Address Continued City, State, Zip City, State,Zip Customer Contact: Customer PO Number: Customer a-mail: Site Contact: ar Phone: _ Site Phone: :a Indicate if 24hr number: ! Yes )_. No Indicate if 24hr number: f,. Yes f._ No m m Trane hereby rents to Customer,and Customer hereby rents from Trane,the equipment listed on page 1 pursuant to the terms and E conditions contained in this Agreement,including the Trane Rental Terms and Conditions attached and incorporated into this Agreement, ra CL d Minimum Rental Period:2 months D Estimated Length of Rental:2 months Water Connections: Air Connections: u Choose an item. Choose an item. Requested Date of Equipment Delivery(mandatory): 7/17/2013 0 Requested Date of Equipment Operation:7/18/2013 a L Rental Period. The rental period commences when the equipment ships from a Trane facility and ends when the equipment returns to c the Trane facility. The Minimum Rental Period is set forth above. If at the end of any rental period Customer has not returned the equipment or contacted the Trane contact below to stop the rental charges and notify that the equipment is ready for pick up,this 'a Agreement shall,at Trane's sole option,either automatically be renewed for an additional Minimum Rental Period or be subject to the c default provisions. U Early Returns. Minimum Rental Period is one week unless noted otherwise.If the equipment is returned prior to the end of the Minimum Q Rental Period noted above,Customer shall pay a service charge equal to the rent for one(1)Minimum Rental Period and other charges that may apply.Equipment returned prior to the Minimum Rental Period may be rented to others and Trane shall have no obligation to V) make the equipment available to Customer.If discount pricing was provided due to length of rental period and equipment is returned prior W to completion of the contracted period,Customer shall also be liable for charges equal to the discount. Customer Responsibility. For the duration of the rental period,Customer is responsible for following the procedures and requirements �o set forth in any Manufacturer installation and Operating Manuals,Trane Rental Services Freeze Protection Procedure,the Trane Rental = Services Installation Guide for each rental product,and any other literature provided by Trane to Customer. Customer shall be liable for any damage to,or caused by,the rental equipment if Customer fails to install,operate,and maintain the equipment in accordance with L those procedures and requirements, Customer is responsible for ensuring it receives the aforementioned documents. m 0 See Trane Rental Terms and Conditions at=tached CUSTOMER ACCEPTANCE 0 U Authorized Representative(mandatory) — EE &Arrange for Pick Up: Q L0 llen Knopf n (Physical signature requlr©d) Phone: -9756 a) frane.com ' Printed Name{mandatory): O r Title(mandatory): E r Company Narne(mandatory): Q Acceptance Date(mandatory): Fax Proposal Acceptance To: 949-496-7311 ATTN:Allen Knopf Packet Pg. 557 f AVMN Trane Rental Terms and Conditions Uryoading, rWbg, iastarlataon, piping, disconnection and The Rental Teams and Cond'dions below are exclusive and etedrical work are not included in babe rents,dharw and are the are in lieu of all other terms and conditions appearing on sod responsibility of Customer.Ecq:ripment rerral does not Customer's purchase order or elsewhere and shin applyy fndinde clierncals, wear pats, or other ccrtsumables, to all proposals or quotations made,orders accepted,and Customer has inspected the equipment ant?found k to be in rentals made by Trane- 'Trane'shall mean Tirane Canada good vroekrrg order and unbroken rxxiditim when teoetved ULC for rentals in Canada and Trane U.S.Inc,for rentals unless Custor ecadvises Trane promptly in ytiiing. C in the United States. Trane is not responsible for if com>3ctcd for,as indi abed in this Agreerrteni Trane irvift typographical of clerical errors made in any proposals. unload,rig,and othern se install the�l for Customer quotations,orders or publications All such errors are and at the end of the rental period disconnect,rag,toad and 3 subject to correction. othusvdse remove the eg orrient from the jobsite for the fee m Mcepitance. These terms and conditions are an integral part indicated in this ATeecnent, fnsialMon and removat are Of the fimh die(subject to ored'ut approval,by Trzte to rent one-trine charges bilked to Cuslomer in the first retrial period C equipnpnt to Customer and fom the basis of any,agreement and include starl�tp senvices and U*disconnection inspection, d resulting from Trace's epos I)or crxiGe and any rental of Customer wilt return the equpm&A, with alt aftachnc nts, equipment to Custorrt r. The proposal or quote is subject to accessor es.arvd parts U>Ereof to Tratfe at the address e€ acceptance wtltin th-dy days from its date.and the prices are Trace's Oixiosing, on the date required and in the,same sZ subject to change vathotA notice pcpr to acceptance by cotiftDn the equio*M was received. ordinary wkar and tU Customer. Acceptaftce of Trace's offer wll have ocounred if depnecialyon excepted 0 Custorner. srdns Trace's propcsal; issues w6tten order Sfart Service and pisrx nnectitpn its pursuarttosubmssion of Tram's proposal,permits or accepts pennon:. it V Trane's perform em; or accepts in aralirw corrhnteroiatly installation of the ejeipment is provided by others,start-up _ reasonable manner. If Customer's osier is an asceptaxe of service must be provided by Trane urk-ss ottteotaiseagreed in O Trace's proposal.Trane may return such order with these vrriling by Trane. if equyxrnent is damsgcd during stutun by Q terms acid conditions attached, Mich shall serve as an Cmbtner,Costxw is liable to Tram for such darnagm.If ` ackrimiedgemerht and oonfimtatm of mcelpt of order. It removal of the eghdpment is provided by others, a h0 Costume s order is expressly conditioned broom Trace's oTscompect«xh in- on bvTrane is requred unless otherw se acceptance cc assent to terms other than those expressed agreed to in g by Trane and Customer shat provide fiefein,retum of Crtstornees order by Trane with these terms Trane a ruimntrm of a 1 week notice to scthedukr the = and toandbms atadhed senses as notice of objedim to such dlsmrtrteohm inspectim Start u sonnies and the p terms acid a counter-0fferb rent equipment in aocordanoe v4th discorvtcttion inspect on are octet nine charges baled to scope and tomb,,of Thane's aoiginal proposal. If CUADmer Customer in the first rental period as set font in this a does txf reject or object wilhit ten days,such uxxunter-abler wip 'art C be deemed accepted. In any event,'rf Customer permits or Equipment Repair and Maintenance: Folowing eWone* O accepts perfotntance, these lerms and eoridlons w?j be start-up. Customer wil be re*,poesible th operate Cite U deffrwdaernptedbyCustomec. equipment in aocordance with the manukicturer's standarrl = Payment Tennis:Rental and other penodisorblable char ges oPcratb gpmoodums.penformrou&*prevenivenointenance Q shat bektvoioedattow beginning of each rental period aid are by qualified pemoaW. aid to return it in good working due r>,y1 to days conaort,less normal wear and tear.If the eg4oneri#is not tI1 returned in simian n, pre condition as of rental Taboos and Licenses: No license,sales or use tars are oortVmenooncrit, Customer shA be liable to Trane frir a included in the periodic rental rates. Customer shall pay all deaning fee.My repair,air repfacernents requced,duratg or taxes assodafed with the rental and use of the equiW-11t,as sin mediately tollotring the renihd,required in Trane's judgmem wet as all license fees and oasis, to make the unit operate property due to irtpWer installation R Freight:All freight shag be bred in the fist rental by Costumer,abuse,r65use,or unusual wea,wlt be charged sygtd g ap to Cusb3nw at the local time and material rates then d pennd. Trane reserves tc ihuxhzase Frei M cih es due to extaordirory events,inckrding but not lambed to acts of prevaWng. For rentals over one nhonth duration.Customer God,disruptions la transportation,acts of terrorism war or fie, shalt alovr Trane io ispect rental equpntenf.each rWntr. L pSl icenemp,civil disobediero-,invarredions,dots,and labor Ail repairs to rental equgartreat must Ire pert -K, by d dsputes_ Trane. O DeliveryiPick up: Trane shall endeavor to me scheduled Upon Customer's notice to Trane, Trane shall provide cWvery and pick up dates and times,bat all such dates and emergoency repair semvk:e that nray be recess in times are estimates only. Trane shall rho,be fable for any a=darwe with ducal time and material rates ff>En prerradng: damagesforfailure to meet'SnCit estimates prided,however,that any repairs or replacements regrired O Use and Location:The equ' intent is to be used by Customer ri Thane's Odg� f Ua intake the equipment operate pro nay U and no Other person.wxl vaiten consent of Trane. The due to a de M cocotte rental equipment pcovd.d by Trane shall egdaproent is to be used for the staked purpose and sodeiy for be of Tryw%expanse. Q the p�a for which it was tnanufaowred and intended. The Other Serxices:Trane wail provide other services as specified eerr��x nt Wit not be removed from the desa'grtated aJ*ess it this Agreernent. yr thm(>i the prior wlitden consent of Trane insuranoe,Curiamef w{II Insure agequipniont underanan risk U) Inspection, installation and Rentovat: tkdess otherwise i7sixance poky,including but not linited to flood,ealliq Ae, 2 spcvxfsed ih this Agreetnent an equipment must be unloaded and windstorm,in dirt wiWinurn amount of the value of the O d on de<<vety and upon temination relaa&.'d by Cuslomr equipment sho yin,iautos Afgeenr_nt. 3 Additionally,Customer shall carry general 53bility irtsura rsee CY covering the use and operation of the etp:iprW in the minimum anoint f 31.fKi0,DOD per o xunearoca. at 1-50.3t--{Pale t H 1 i i 2) E ,M)ersecses I-Eaw 11012) v its Q FPac Pg. 558 6.G.b AM such polies shall name Trane as an additional insured and NEGLIGENCE,STRICT LIABILITY,AGENCY,WARRANTY, lms payee as its interests may appear. Customer is TRESPASS, INDEMNITY OR OTHER THEORY OF msporsibte for any deductible amounts due. Prort>trify upon LIABILITY,SHALL BE LIMITED TO THE COMPENSATION Trane's request Cuslomerwil ptovideTrane with a Certifscate RECEIVED BY TRANE FROM CUSTOMER UNDER THIS ofkisurance evidencing the requiedooverage(ar4additional AGREEMENT. insured and loss Payeeencimsement). NoWithstandi m in or Defnutt:Customer shall be in default of this t ig 8 is llrMon to the contrary.es resulting any Qt �T�rrwr' t5iori indemnity obligation a(Traro is Ilmited to damages rewibng !_ occurrence a one ov more of the feyowsq events: from bodly ir;+xy oc Physical darwe to reat or personal a.any rental charge goes tmpa utfor a period often(1D alter 61s due dale; Proper us )days Property to€Ire extent caused by tic'negiigenoe of Trane,its ��.a b.any other breads of Otis Agreeomil by COStonter goes ff>�� gents or suboordraclo(s_ m wmxxneoted;Aerten(10)daysivridennoticetoCustbnpr Customer shall fndemmify and defend Trane against, and _ c.any writ or order of attadvnerg,execution or the like against Customer is sodety msponAk for.all Ines,penalties,tosses, _ Customer Ps levied on anyof the equipment and is not released darns,injarsts Cnduding death),damages or causes of action ay orsaGsfied vrithin ten(1D)days;or of every nature arising out Of or a'teged to adse,out of(a) E d.kw*diatelywhen a proceedng m baArupfcy. C1-mb3(W5 acts or anissnns in owinedion with the use, receivership is insGtirted voluntanly or involuntarily by or opefation•handling,repair,maintcruanre,aundror alteration and to against Customer or Customer a fts any ogvement or tnoddirabon of the egzxpment and(b"the condition of bolding C. c0ePOSWICi t KM its oreditom or is odnerMce unable to pay its or Physical plant equipment,and Zaea"tity of tfte equpavrht d deW as they becmr*due, for custoneer's purpose. 0 Remedies: In the eaWt of Custornrs's default,Trane shall Any liability for property darrage. personal'injury or death d resittin from the failure d a sevices a _v gave the right 10 do any or at?of the fd�iwirg;nave nf which � mY equ'prrk;-nt shad omstiWte an election of rernedkm- pr . L>y L'�i(rSf rZ is G1.t5b:=r,,Ol'IY"'P.,ilwy, .O a. declare krunedlately due, sue fur, and reedve from if a mhig,,Qnt hair or irWvertent V'mfinq is oiswvercd by d Custornerat rents and either amounispayableunderfhetemrs CusfAnw during the rental period, Trane must be twtirted L of tnis 1111t, as vidl as all costs and expensK in enfediately. Ctistomar must also notify any aW all rrgvlatoty w a$ with such prooeediregs �induding reascrable authxties (e.g., errvi:ur�naerdal praG-ction agencies) in i attcmeya`fees)and all expenses reasonably incurred by aecordarv.)e with applicable laws and regulations.Customer Tirane in tal:irtg Possession, dean-09 artd repaiing and shM be riat>Ze for, and indemnify Trane against, any fines, C re"rent4Varrysuch nr_nt. Anyamounfsremainingfrom dams„ injures, losses a damages resulting from of any O the re-ren5rg Aer rm of all such fees, deals and re4igeeantteakto the extent not caused byTrane, expenses sW be ored3ed to Cushxnees oUigatisn C hereunder; In rase of lass or theft of the equipment,Customer Kill be L b. (rwomect amVer retake possession of any and all resP0nsNe for ether repla0mient of the eopnwnt whin O eOPntentwith notice reepiedby law orotherpDoessofUw, identical e0PI"nentcspayTrwAofits full replacement vaYue.In U Forsnrdn purpose, Trane n>ay enter upon the premises where eitfser case,rents`doges will contvsue unt@ the equomar f is L fhe equipment is located and disoomoct and/or remove same replaced or relintwrsernent Is trade in full.Trane,at its sole Q therefrom vrAfr Proper notice vrithout beorg liable-in any suet, dsrxetion" report as stolen all Equipment w returned action ov olherprooeeding by cusbwer; wilWn ben(10)days of the end of the rental period.Customer c.terminate this Agmwrierd as to any and all equipment vriz Pay all cotiecison fees,court mats,attorneys flees re any � offier d. terminate any other agreemenys) between Trane and his expense rent sired!O unto ce ihetecros and cond'Gio d MC Ousturner,andkar tin s kg cement, N rr_pursue any other rights and%or fm*dL-S,wheel"at law or NOTICE._ Trane is reshricted frarrn receiving funds fly' a�apr apriated or otherwise made availatde under U.S, Disetaimarkiability: Except as expressty provided herein. PublicL wsil0-161.111-l.and 111417. C there are no Warranties, express or innntied„extended or d General Terms.This Agreement shall erried d ProvitdwiththmAgfeenwrandtheequipment. construed in acmdamce wkh the taw of st".'Ie ow L AMY WARRANTY AND UA131UTY SET FORTH HEREIN Yort. This Agreenval owifa'xls all of the a0reemenfs d ARE W LIEU OF ALL OTHER WARRMTJES AND representations and "erstvxIi-1gs of the P*ties and C LMILITIES, WHETHER IN CONTRACT OR NI supersedes and replaces all Previous understari gs, O NEGLIGENCE, EXPRESS OR IMPLIED. IN LAW OR IN com mihnertts or agmements,oral or written related to The « FACT, INCLUDING iMPLfED WARWWTII S OF subject nutter hereof Tin s Ag<eerpera may not be amended, MERCHANTABILITY AND FITNESS FOR A PARTICULAR 710r any obligation vra red,exc�f o�y a wri5ng signed�yy bath = USE OR FITNESS FORAPARTICULARPURPOSE. tNiVO parties, flan part of this Agreemenirsdeennedtoteunfatvfiit p xrvaSd, or otherwise unenforceable, the right and U EVENT SHALL TRANS BE LIABLE FOR ANY FOR otsligatiots of the Parties shall be reduced only Io t extent SPECIAL. INDIRECT, INCIDENTAL, PUNITWF— rmucred to remove the invaliday or unmfoeceabileyy. Tines L EXEMPLARY OR CONSEQUENTIAL DAMAGES. Agree—(A may not ba assig�7ned by Customerw;thout TrarWs Q INCLUDING COMMERCIAL LOSS, LOSS OF USE, OR Pnor Witten consent in which event this Agreement shall bind � LOST PROFITS, HOWEVER CAUSED. EVEN IF and inure to the benefitoftheparlieshpMo arid dmerppeemuted �O CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY suDwssors and assWis.Any tails re by Trane to ertoree any OF SUCH DAMAGES AND, IN ANY EVENT, TO THE provision of this Ag:ecsnc,A shall net oonstme a waiver to EXTENT ALLOM-0 BY LAW, TRANCS AGGREGATE thereof Or any other provision. This went may be W LIABILITY FOR ANY ANO ALL CLAIMS, LOSSES OR executed in sevarat munk-Tans, each of wh3c_hopwhen EXPENSES ARISING OUT OF THIS AGREEMENT,OR OUT sshhA�stitu ebhvq a,d the an"not, Aef0y OF ANY PRODUCTS FURNtSHFD UNDER THIS executed fats k,copy hereof ux the several c amteTxrrts AGREEMENT,W1fE1T1E7t BASED IN CONTRACT, shay selbe as an original. C Cy 47 1SD.01—{Page 2}—(1112) UipMRIEs f-SO.01(1012) (� R r Q Packet Pg. 559 6.G.b A IR .. INC 5601 W, Slatrson Ave., Suiles 262 a Culver City, CA 90230-6598 (310)258-6100 s (800)452.,.2732 « l=ax: (310)258-9110 CUSTOMER NUMBER: QUOTATION JOB NUMBER: RENTEE: CITY OF SAN BERNADINO DATE: 7--1.2-13 _ BILLING ADDRESS: DELIVERY ADDRESS: � CITY HALL 7;(7 N DS'1.' m 300 N. D ST. SAN C3E;i\NADTIQ0, CA 9240-J). SAN BERNA.DINO, CA `240 1 E ra a CONTACT: RICK MORENO CONTACT: JIM CARTER p TELEPHONE: TELEPHONE: 951-836-0698 � FAX: PURCHASE ORDER NO: o TERMS: CC ADD 4% a DELIVERY INSTRUCTIONS: o >t x k'.k T•it T'�'tC k]S'Iii 1l',4 A R ti•ri sl••k*r sF a�:y<ti k sk ti•is:l•f.•kk i,->1•r.•M:�:;1•�r Yi•k#*k k�r'k*it sk sL ri•A r%••w yr,F w A•is sir it [i ve•k�.•A•+. V— QTY DESCRIPTION: � 1 NOMINAL 55 TON, AIR COOLED CHILLER, 206V/230V--3P-601iz, 300 AMPS, '1'RLR, WITH Ui? TO 1001 OF 3" CHILLED WATER SUPPLY AND RETURN HOSES CAMLOCK v CONNECTORS AND 100' OF CAMLOCK POWER CORD c U I NOMINAL 50 TON ?QTR HANDLER 208V/230V/460V-3P-60Hz, 20140 AMPS Q LO i TWO (2) MONTH RENTAL AT $6,000.00 PER UNIT PEP, MONTH AND $250. 00 PER CALENDAR DAY THEREAFTER, to N DELIVERY, HOOK-UP AND PICKUP: LUMP SUM DELIVERY, HOOKUP AND PICKUP: $2,588.00 Q w GTti'M '.iOTALr $14,588.00 (ADD 4% FOR CREDIT CARD $15,1.71 .51) o r NOTE: �a c 1..ALT.: PERMITS, LICENSES AND APPROVALS BY OTHERS Lj 2.ELECTRICAL -SUPPLY AND CONNECTION BY OTHERS I= 3. 8ECVRIT'Y OF' LQIITi'MENIiT BY OTHERS Q 4. PfENETRATJ ONS BY OTHERS c w *PRICES ARE NOT SUBOECT TO SALES TAX Installati011 Is clot Part Of tills Agraen•ieni. C CY Rentee underslands that the efficiency and performance Of air conditiotzillg Nuiphient is depenaerrt rjh)cxr rartnerotr.>t�riai7le:. Unless Otherwise expressly provided heg-)ir:. Finite>r rnakes no klva r mltiot>,and Rentor shall not by vil"W?of having r0nt(ld th', � equipnlont covered by this agrea ient be deernr;d to have made zany reprr.sentatlon or warrarity,:1;;to tl1+:r ma rr_,hantabilify,fiiric E design,or condition Of the equlprrltarif or as to the suitzataifity of equipment for nentee's uso,Rerilar S!,ali not be!iabie to Rwl(;t:r fev and Rentft)Slie3li inder1'lillfy and hold Remlor harmless from, any liability. t~laird, loss,d::srna e:or ex tors R ,f' f . r�r�Of any itttld c:,r`rrlitu'E- r causod, direoly or indirectly, by (al the inadequacy of any equipment for Lltly PLIC130st: (b) arry dtsficiency or defect in t!rl a equipment: (t:) the use or perfoi•nlance of any ectiiiTrrnerli;(d)any irtierruptiorl or bass Of:.Ervicc, use, or pc-rtnr'nl,nee of tiny 6,10 rmerzt;yor.(g)any loss of business or oft for consequential dais age,,mhotthe.r cx`not rrir>ultinra front any of tile*fari;ytririg. Sian here after'carefully reading ffie continuzatio'l ;lt.,lailtit.ted f ly: of this agrcwnent on tl*le reverses sicje. Dale A�irc>n Haggao Sa7.eS-Engineer .. .. Packet Pg. 560 CON 11NUAT110t,1, 0,, F1,F.*1*s.-1Ai. AC.'alf-J- A :NT ALL j',f.)jjj'jj7 SPOWAAWMI-.. (AEUIVERIES.kllt., WUL.6F"AURI-NG 1,10R.10AL Or 4. T! G USI V I:! 14 11 i*1.kyc S. if Al -,A Rf�HN'T.' WT )�':- i ON... I I I 1 7 i. I I Ot !,ji"CF 1::W - I , .S ANY PY FAII-HPIE'011;RX1114,41RH TG;OPE.P.Aff� !1 S M VH.r�Ph'Al.Al?i., TIONING FQUIPIARANT Ic SU`-�JECT T(' 0U."A "D x KR.A i o � O SE " — ! iS � Er - IDRD PIFNTI-E. 'A' NAi UFIMIG 2, ...... I•jhi-SEW f r,"N I tj• j: p f.p rz�,jj r i r<),r?j r-.1:1 L:I p I K J-1 iv_j D i fi.:H 1401 i C ke.v{1.1.. 1• :.t.n A,`17 F.' fiF F M,F D 111 Vq P N07 A N I j•ITOF LY,�Nl 1 i E H-kv,;! Q 1,QUIPN/lENT ViHiLLt:Cjz%! 1/11..At ANN' I IME D1,11fiINH NIJIRMAL YK)RKING H-DUNS if-E"W ICAI k,e Q U.iWVEF;F S (,)F. I i i 1,,S'AG RP' NE.N T,ANY I NS A L.2..Ar N,1)1,J.,1V R f, 08 811.A N01ky P'Ti� BE t;• ;t l*P,-.' EE .2 0 1,90f.4 RIE.P.,FOR. a. ("ItZ,BY AN,Y 1-F1 ;j4'J:.,ftPMf,rJ3 10 fliOPF.441-v N01 By -Ti:jq p ORTAaq WRi,j � RRI-AISSION FTi()f0 C�,.PINFR 02 SfiX")P?R0P1_'-RT)1 TO REK?,-0V(.,.AND REJ ORIN 1Z, 0 €::M:_;i 1w:i1f;'d11 113y 'OF:LAW, [3Af11-,Kf3Upf Cy J_ P". A"RE 1DR.W W-14TCA3 IS, Pi.A�C!F Of GBY, 0 F,r1i:--sn,41,1.-,.,o wll,�,.,.!�j w)F' 'f.' AT Z';':",i'dT"D 11AA1I.JNC'1 ADDRU.�ili ON L) OR 1S NO"' !:)e.,SF!0f GlPfl-I PUTFS OF-1.Dit.3 I URUANIA-�S, ',Aj*-,1!3,or� (11�HLH I�,. Lo pt E, ol.j IF?c 0 f,)-;R Ok.."'St 401)1.. y C,I VE 1-i"T f A P I:`J 1' P S,E NT I'l 1.P.D T E VA 1.1.)F'I.) !0 H A(;'l foN. co A N."PAr REN"Wo- �tvffl-14N, si:A;j::N Pet, OF jWV01(.A -A Aq rDQl.,,n,y u 'w,vul w U0, Yf LRAITE.D 0, CA SA 0 AN� AND All. I); �AK!NG OF PC),';,"�j SSIG iN. ANY SM.) TAKIN(.; of NUN- L A ;Ai I.X La R FRAN IT -V I i I- A y BE I-, 'X 1,�L'i,CONK', F RENJI Y Ofi S - 'A 'J" AiK,);RNSYS r,1'Er-,8. JN(-%JRRE 1,I Jj�- 0 UNDE." OR i'Mik ANY OF THF, HUTif-A'S. NCOIND,P-ONI'f, Ori `,mM.L 11�4 All CAM-`S ANDN[)f'f4 f- DEC.P'l ARED 11•LFGAL N01 r% THAI, 100i 0, 0-11X.AfTi011-!Of,'. j 1j) Esy F_,;*f,1fF,.P R4! I.F6WAL AG 1T IN E;_ _'UHT i�,i y�J!F. -S, UV Of GAIA: "IS ANGIEE.LFS.ANI Av H 11) y,jp: 0 10 Cr ik,U:Al llf�NO F URTHERIUN r.X,'S,.3 1A,.*-�iA,,ir,'-,1', fA 'I OTHUt 1 A;;V,`;%. ,)R,! 1NAN(,E�_ Al' D A P E OF T!ff: ")HIE I., Q j BREA J;,' A (A" FUR ALL A*S.,' EGI 8 c.l. A BREA WiLL R(Wfl.yt.. ANI) Akj;- MN rf"�_N3181.rz:FOR SEF" L X.-L LN SE 0' :At.-1.CA', f'RE.A A!,Y > R... iN AOL!, APE, INGLU".)ECO ON,;4,fA14 [Packet 561 99 7/1112.013 Public Works of San Bernardino Attn: Rick Moreno 710 N.D St. Phone: (909)208.4018 San Bernardino, CA 92401 Fax: Re: Proposal 50267-5091 Email: moreno ria.sbcity.com as 3 Dear Rick, m 1 Thank you for your interest in services provided by Aggreko LLC. I am pleased to submit the following proposal, which aa) 1 confirms our pricing and support services. Please keep in mind Aggreko is responsive around the clock to ensure your E complete satisfaction. CL Overview of Services m D Thank you for taking the time to discuss with us concerning your rental Air Conditioning needs.Based on the information you m have provided, we have developed this budgetary Proposal for your review and consideration. This proposal provides a 2 reliable solution for your cooling needs which include a 60ton AC with 150' of leads and 150' of ducting. 0 Mechanical and electrical connections to Aggreko supplied equipment will be our responsibility, unless specified otherwise, L and charged at our proposed labor rates.All final mechanical and electrical connections to the building are the customer's O responsibility. L It is understood that the temporary cooling system will be supplied with 460/3/60 land based power. If land base power is not adequate or if it is not at 460v then either an Aggreko transformer or generator will be needed. O Any modification to the scope of this project or additional equipment that is not in the proposal will result in additional charges. All pricing is contingent on equipment availability and billed on a calendarday basis. _ 0 Again,thank you for your interest in Aggreko.Please contact me if you have any questions or comments. 1 look forward to 1J working with you. a Assuring you our best attention at all limes. a � Sincerely, N Leonel Flores Sales Representative (562)266-6898 Aggreko LLC C & O a L W N 0 3 (✓ E U 8 Q Aggreko,LLC l 13230 Cambridge Street Santa Fe Springs,CA 90670.4995 Off: (800)244.7356 Proposal 50257-5091 Fax: 1-88M64-7694 Page 1 of 4 Aggrnko.corn Packet P - 562 irel ti p' Pricing Anticipated Charges: Qty Description Weekly 1 60 ton Air Conditioner $3,330.00 {complete with components as described in the ovarviow of services) c Additional"Estirmated"Char ges• Roundtrip Freight @$1,410.00 m Labor(including set up and tear down)@$1,032.00 Applicable Tax Freight-Cost Plus CL a)Charges to deliver the load(s)of equipment and accessories to your site in and pick up at the conclusion of the project will be 0 based on our cost plus 25%margin. Delivery/Pickup standby time will be charged at$105.00 per hour during delays. m v Labor-Per Hour: 0 IL Any set up,tear down or service calls will be charged at the following rates: L- $ 129.00 per hour straight time(8 AM-5 PM Monday-Friday] ,0 $ 193.50 per hour overtime L $258.00 per hour weekend/holiday m c "$ 1.50 per mile travel charges,plus tolls(where applicable) 0 Labor is charged port to port from the nearest Aggreko Service Center. If an overnight stay is required,lodging and$65.00 per diem would apply, c 0 If this proposal is accepted for delivery outside of normal business hours, a$500 mobilization fee will apply. This fee is in U addition to any proposed labor and/or freight charges. Q Secure(FTV): LO Aggreko offers optional Secure Fire,Theft and Vandalism Protection(FTV)for the rental equipment included in this proposal, �D exclusive of accessories,at a cost of 10%of the rental equipment charges per invoice. The terms and conditions of the FTV N program are available at http://www.aggreko.com/NORTHAMERICAluseful-links/terms-of-business.aspx,to which customer acknowledges and has access and,if purchased, are incorporated herein by reference. FTV will not be deemed accepted c unless the acknowledgment page to this proposal is signed and returned prior to the commencement of the rental with the m FTV election option selected L d Equipment Maintenance and Service o It is the customer's responsibility to maintain the equipment during the project term. If Aggreko's rental equipment requires unscheduled service during the term of the project,as a result of customer noglect,it is our responsibility to repair or replace the equipment in an expedient manor. However,the cost of said repairs will be charged back to the customer,on a time and 0 material basis. If servicing of our equipment is required, due to a non customer related failure, it remains Aggreko's U responsibility to repair or replace the equipment.However,in this situation,it will be at our expense. Q L 0 W rn 2 0 �7 t✓ M E V R Q Aggreko,LLC 13230 Cambridge Street Santa Fe Springs,CA 906704995 Off: (800)244.7356 Proposal 50257-5091 Fax: 1-888-854-7694 Pace 2 of 4 Aggreko.com Packet Pg. 563 6.G.b r; g�.,eAm Terms,Conditions and Customer Responsibilities -All monthly prieinq based on a 2"ay billing cycle. - Pending further review at the time of order,payment terms are Net 30 from date of invoice, - Customer responsible for obtaining any relevant operating permits,and shall be liable for any and all penalties,delays and damages caused by its failure to timely obtain all such permits, including reimbursement to Aggreko for any fines paid on Customer's behalf and regardless of the party to which the citation is issued. - State and local taxes apply. TAX is NOT included on any Aggreko proposal. A tax exemption certificate is required for those applicable. -Any and all required union labor 1 - Full replacement insurance on equipment(Certificate must be provided prior to delivery) =p - All lifting/off-loading of equipment(if applicable) - All services provided by Aggreko are subject to the MSA currently in place between the parties, if applicable and,if not, m then subject to "Aggreko North America Rental Agreement Terms 8 Conditions". This document is provided online at- http:/Avww aggreko.com/NorihAmer ca/useful iinksfterms of business.aspx and is incorporated herein by reference. d Altematively,a copy will be provided upon request. Customer accepts and acknowledges receipt thereof by these methods. Aggreko will accept no alternative terms and conditions. In the event of conflict,the terms set forth herein shall control. ea CL m Important Customer information � - This proprietary document has been created for Rick Moreno and Public Works of San Bernardino, it is therefore y acknowledged and agreed to honor our proprietary right to the contents of this proposal and therefore not share the ideas or 2 concepts within, 0 - All proposals are valid for 15 days and contingent on availability.Acceptance must be provided in writing prior to the end of d the valid period. p - The rental term begins when the equipment leaves Aggreko and ends when it is turned in. The rental period shalt not be subject to pro-ration. CD Customer must call the local office and get an off rent number to stop the rental. Your rental will continue to bill until you O receive an off rent number. 13 IMPORTANT] 0 1. TO PLACE THE ORDER:You must sign and fax to(888)854-7694 the enclosed acceptance page(last page). Once this V is received your order will be processed. Q 2. PURCHASE ORDER:If your company uses purchase orders,please attach it to the order. .. 3. TAX EXEMPT?Please forward a copy of your tax exemption certificate,once received it will remain on file for four years for future business. YOU WILL BE CHARGED APPLICABLE TAX IF THE CERTIFICATE IS NOT RECEIVED PRIOR TO io YOUR ACCEPTANCE OF THIS ORDER. N 4, CERTIFICATE OF INSURANCE, Please provide an updated copy of your certificate of insurance. Your insurance company will be happy to provide this for you. a> L d n C 0 r t 0 U L a 0 w d 0 3 i CY r c a� E r r a Aggreko,LLC 13230 Cambridge Street Santa Fe Springs,CA 906704995 Off: (800)244.7356 Proposal 50257-5091 Fax: 1-888.854.7694 Page 3 of 4 Aggroko.com Packet Pg. 564 a gredca Proposal Acceptance Rick Moreno at Public Works of San Bernardino TO accept P eposaf 502r7-"o1,Crease complete,sign and relurn t!his p ge: E-mail: Renta!Coordinator-Weslf�Agoreko.com or Fax: 1-888-854-7694—Leonel Flores Onoe a signed PtoposalAcce 1p ance and hard copy Purchase Order are received,we will process your order. PAYMENT METHOD Equipment delivery must be secured with either an approved purchase order or an authorized credit card. Use of a purchase order is contingent upon Aggreko credit approval. If a purchase order is not received prior to the end of the first billing cycle,the billable amount will be charged to the credit card. If credit cannot be established prior to order shipment,advance payment will be required. _ • Purchase Order Hard Copy El Purchase Order is NOT required for payment, Purchase Order#: Amount: $ m • Credit Card(MasterCard,Visa,American Express,Discover accepted) � Credit Card#: Expiration Date: Name on Card: Security Code: E Billing Address: R Q D Cash(Includes Money Order or Cashier's Check) m 0 If a credit card number is identified above, then Lessee Is deemed to have authorized,In advance, payment In full of all amounts as they y become due and payable hereunder by charge to the above referenced credit card upon the issuance of a written invoice(wifhout the need V for additional signature or writion authorization)as Lessee's primary and preferred method of payment. Additionally,Lessee acknowledges O that since the Purchase Order amount which may be identified above may not reflect the cost of services to be determined after the f1 commencement of the work.(i.e.,freight,fuel,labor,additional rental term,etc.)any amount so slated shall not be deemed a restriction on Aggreko's right to charge Lessee's credit card for continued obligations identified in this Proposal. C O BILLING INFORMATION Customer B ling Name: Public Works of San Bernardino C Receive invoices via email u Yes :i No if Yes,provide A(P E-mail: U Riling Contact: _ Riling Address: Biting Contact Telephone: �� Q Tax Exempt: n Yes o No to tf claiming a tax exemption for this order,a valid Sales Tax Exemption Certificate must be provided to Aggreko prior to the end of the first billing cycle;ff a certificate is not received prior to that timo,applicable taxes will he charged, If a certificate Is provided N aFferthe Invoice date,the exemption will be reflected In subsequent billings. Certificate of Liability Insurance: In file_ To be provided(Aggreko as additional insured):_ � FTV(Fire,Theft,Vandalism)10%('Accepl"box must be checked off and form returned for FTV coverage to apply) o Yes o No C d SITE INFORMATION d C Site Contact: Site Address: O Site Contact Telephone: -- _� C Delivery Method: a Aggreko Ueivery a Customer Pick-Up O Delivery Date: .•_w..r_l............._�.__..._._._ UeiveryTime: U� _Aggreko Technician Required? n Yes o No By signing this Acceptance,I certify that I am authorized to enter into this agreement on behalf of Lessee. I also certify that such acceptance � O or delivery of Aggreko's rental equipment shall be deemed an acceptance; of Aggreko's North American Rental Agreement Terns & Conditions available at www.aggreko.corrVNofIMmenca/useful_linksRerms_of busimss.aspx.,to which I acknowledge I have access and a) are incorporated herein by reference. O 3 0 Printed Nat-no: Signature: Date: C s= t V co r r.+ Q Aggreko,LLC 13230 Cambridge Street Santa Fe Springs,CA 90670.4995 Off: (800)244.7356 Proposal 64257-5091 Fax; 1-888-864-7694 Page 4 of 4 Aggreko.com Packet P 1- 565