HomeMy WebLinkAbout05.N- Public Works RESOLUTION (ID # 2743) DOC ID: 2743 C
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Purchase Order
From: Tony Frossard M/CC Meeting Date: 01/06/2014
Prepared by: Linda Dortch, (909) 384-5140
Dept: Public Works Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
Execution of a Vendor Services Agreement and an Increase to Annual Purchase Order 2014-57
by $40,000 for an Amount Not to Exceed $64,900 for Fy 13/14 to Davidson's Air Conditioning
for the Purchase of Air Conditioners, Parts, and Service. (#2743)
Current Business Registration Certificate: Yes
Financial Impact:
Account Budgeted Amount: $261,400
Account No. 001-400-0037-5507
Account Description: Facilities Services
Balance as of. 11/04/13 $137,967.48
Balance after approval of this item: $97,967.48
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: Adopt the Resolution.
Synopsis of Previous Council Action:
None.
Background:
The Public Works Department, Facilities Maintenance Division,is responsible for repairing and
maintaining air conditioner units in City buildings. An increase in vandalism and theft has
caused an increase in the failure of the air conditioner units resulting in increased costs for
routine maintenance and repair of the units.
At the beginning of each fiscal year staff solicits quotes from local vendors for air conditioner
units, parts and service. On July 17, 2013 the Finance Department issued annual Purchase Order
2014-57 to Davidson's Air Conditioning in the amount of$24,900. In order to meet the demand
of increased maintenance and repair costs, it is necessary to request an increase to the purchase
order.
Staff recommends that the Mayor and Common Council authorize a vendor services agreement
and an increase to Annual Purchase Order 2014-57 by$40,000 for an amount not to exceed
$64,900 for FY 13/14 to Davidson's Air Conditioning for the purchase of air conditioners,parts,
and service.
Updated: 12/19/2013 by Jolena E. Grider C Packet Pg.223i '
2743
.. City Attorney Review:
Supporting Documents:
reso 2743 (PDF)
agrmt 2743 (PDF)
Attachment 1 to Agreement-Quotes (PDF)
Updated: 12/19/2013 by Jolena E.Grider C Packet Pg. 224
S.N.a
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A VENDOR
3 SERVICES AGREEMENT AND AN INCREASE TO ANNUAL PURCHASE ORDER
4 2014-57 BY $40,000 FOR AN AMOUNT NOT TO EXCEED $64,900 FOR FY 13/14 TO
DAVIDSON'S AIR CONDITIONING FOR THE PURCHASE OF AIR
5 CONDITIONERS, PARTS, AND SERVICE.
6 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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1 8 SECTION 1. The City Manager is hereby authorized and directed to execute on
9 behalf of the City a Vendor Services Agreement with Davidson's Air Conditioning, a copy of o
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10 which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as a
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1 11 though set forth at length. w
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SECTION 2. An increase to Annual Purchase Order 2014-57 in the amount of
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$40,000 is authorized.
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15 SECTION 3. That pursuant to this determination the Director of Administration or his
16 designee is hereby authorized to increase Annual Purchase Order 2014-57 by $40,000 for an
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17 amount not to exceed $64,900 for FY 13/14 to Davidson's Air Conditioning for the purchase
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of air conditioners,parts, and service.
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20 SECTION 4. The Purchase Order shall reference this Resolution Number and shall
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21 read, "Davidson's Air Conditioning for the purchase of air conditioners, parts, and service.
22 Not to exceed$64,900 for FY 13/14."
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I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A VENDOR
2 SERVICES AGREEMENT AND AN INCREASE TO ANNUAL PURCHASE ORDER
2014-57 BY$40,000 FOR AN AMOUNT NOT TO EXCEED $64,900 FOR FY 13/14 TO
3 DAVIDSON'S AIR CONDITIONING FOR THE PURCHASE OF AIR
4 CONDITIONERS,PARTS,AND SERVICE.
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
6 and Common Council of the City of San Bernardino at a meeting
7 thereof,held on the day of ,2014,by the following vote, to wit:
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9 Council Members: AYES NAYS ABSTAIN ABSENT N
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10 MARQUEZ v
11 JENKINS
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12 VALDIVIA n
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SHORETT 0
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VACANT
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JOHNSON
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17 MULVIHILL c
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Georgeann Hanna, City Clerk
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21 The foregoing resolution is hereby approved this day of ,2014. a
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23 Patrick J. Morris, Mayor
City of San Bernardino
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25 Approved as to form:
GARY D. SAENZ,
26 City Attorney
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VENDOR SERVICE AGREEMENT BETWEEN DAVIDSON'S AIR CONDITIONING
AND THE CITY OF SAN BERNARDINO
This VENDOR Service Agreement is entered into this 6`h day of January, 2014, by
and between Davidson's Air Conditioning ("VENDOR") and the City of San Bernardino
("CITY"or"San Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to acquire air conditioners,parts, and service and; N
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WHEREAS, The City of San Bernardino did solicit and accept quotes from available 0 a
VENDORs for such air conditioners,parts, and service; and °
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WHEREAS,VENDOR is the lowest bidder to provide said materials to City; and a.
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NOW, THEREFORE,the parties hereto agree as follows: a
1. SCOPE OF SERVICES.
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For the remuneration stipulated, San Bernardino hereby engages the services of
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VENDOR to provide those products and materials as set forth in quote dated June 17, 2013, a
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copy of which is on file in the Public Works Department and is attached hereto as Attachment
"1"and incorporated here by this reference. E
2. COMPENSATION AND EXPENSES. w
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a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of$64,900 for FY 13/14 for the purchase of air
conditioners,parts,and service.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM; TERMINATION.
The term of this agreement shall be from January 6,2014 through June 30, 2014.
Exhibit"A"
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This Agreement may be terminated at any time by thirty (30) days written notice by
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either party. The terms of this Agreement shall remain in force unless amended by written
agreement of the parties executed on or before the date of expiration of current term of the
agreement.
4. INDEMNITY.
3 VENDOR agrees to and shall indemnify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based or c
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asserted upon any or alleged act or omission of VENDOR, its employees, agents, or
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performance of service under this Agreement, unless the bodily injury or property damage was N
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actually caused by the sole negligence of the City, its elected officials, employees, agents or
representatives. As part of the foregoing indemnity, VENDOR agrees to protect and defend at n
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its own expense, including attorney's fees the City, its elected officials, employees, agents or ti
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representatives from any and all legal actions based upon such actual or alleged acts or E
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omissions. VENDOR hereby waives any and all rights to any types of express or implied
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indemnity against the City, its elected officials, employees, agents or representatives, with
respect to third party claims against the VENDOR relating to or in any way connected with the a
accomplishment of the work or performance of services under this Agreement.
S. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
Exhibit"A"
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Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
Insurance furnished to the CITY shall require the insurer to notify CITY at least 30 days prior
to any change in or termination of the policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin, c
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ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
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sexual orientation, or any other status protected by Iaw.
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7. INDEPENDENT CONTRACTOR. y
VENDOR shall perform work tasks provided by this Agreement, but for all intents and c
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purposes VENDOR shall be an independent contractor and not an agent or employee of the ti
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CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of ti
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Income Tax, Social Security, State Disability Insurance Compensation, Unemployment E
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Compensation, and other payroll deductions for VENDOR and its officers, agents, and c
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employees, and all business license, if any are required, in connection with the services to be 5
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performed hereunder. a
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
Exhibit"A"
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9. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service,postage prepaid and addressed as follows:
TO THE CITY: Public Works Director
300 North"D"Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR: Davidson's Air Conditioning
495 S Sierra Way
San Bernardino, CA 92408 y
Telephone: (909) 885-2703 0
Contact: Richard Davidson
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10. ATTORNEYS' FEES.
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In the event that litigation is brought by any party in connection with this Agreement, a
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the prevailing party shall be entitled to recover from the opposing party all costs and expenses, d
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including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of ;
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its rights or remedies hereunder or the enforcement of any of the terms, conditions or
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provisions hereof. Attorney's fees for the City Attorney and members of his office shall be
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calculated based on market rate for comparable services.
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11. ASSIGNMENT. E
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or a
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
Exhibit"A"
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3 12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
12. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
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13. SUCCESSORS AND ASSIGNS.
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This Agreement shall be binding on and inure to the benefit of the parties to this Agreement ,o
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and their respective heirs,representatives, successors, and assigns. y
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14. HEADINGS. _
The subject headings of the sections of this Agreement are included for the purposes of IV
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convenience only and shall not affect the construction or the interpretation of any of its
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15. SEVERABILITY. w
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If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or a
enforceability of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
Exhibit"A"
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16. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
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Exhibit"A"
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VENDOR SERVICE AGREEMENT
BETWEEN DAVIDSON'S AIR CONDITIONING AND
THE CITY OF SAN BERNARDINO
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
date set forth below.
Dated: , 2014 DAVIDSON'S AIR CONDITIONING
By:
Its:
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Dated 52014 CITY OF SAN BERNARDINO
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By: ,0
Allen J. Parker, City Manager a
Approved as to Form: N
Gary D. Saenz, City Attorney M
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Exhibit"A"
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.. Proposal
..� Davidson's Air Conditioning & Heating, Inc.
495 S. Sierra Way
San Bernardino, Ca 92448
(909)-885-2703 Fax(909)885-2994
Lic #429952
Proposal Submitted To: City Of San Bernardino Phone:384-5244 June 17,2013
384-5012
Street: 300 N. D St. Job Name: Verdemont Community Center
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City, State, Zip Code: San Bernardino, Ca 92418 Job Address: o
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Job Phone: ">
We hereby submit specifications and estimate for. o
We will install the following: o
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1. 3ea. Bard 3 ton Heat Pumps. L
2. Required electrical connectors.
3. Required mounting brackets.
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Total- $11,800.00
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Note 1- Facia may have to be cut to accommodate the size of the new units—
(17 %"deep new vs old 13 %).
Note 2-if we fabricate and install burglar cages add$1,000 ea unit.
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We Propose hereby to furninsh material and labor--complete in accordance with above specifications,for the sum of:
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Payments to be made as follows: E
Due upon completion: U
All material is guaranteed to be as specified.All work to be completed in a Authorized Signature. Y
workmanlike manner according to standard practices. Any alteration or deviation Q
from above specifications involving extra costs will be executed only upon written Richard Davidson
orders,and will become an extra charge over and above the estimate.All
agreements contingent upon strikes,accidents or delays beyond our control. Note,This proposal may be withdrawn by us if not E
Owner to carry tire,tornado,and other necessary insurance. Our workers are accepted within days. M
fully covered by Workman's Compensation Insurance,
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Acceptance of Proposal-The above prices,specifications and
conditions are satisfactory and are hereby accepted. You are authorized
to do the work as specified.Payment will be made as outlined above.
Date of Acceptance:,_ __,___ Signature Date
Packet Pg.234
COMMERCIAL CONSTRUCTION
INDUSTRIAL - SERVICE
RESIDENTIAL REPAIR
FAIR C,CJN15'ITiCI4[1S',+i;lr+••HCP,T_I,)1!G INC..
RQ. Box 889
CAL,Uc.vrgoagst Phone: (909) 862-8601
Highland, CA 92346 909-86 2-8600 Pax: (909) 862-2734
PROPOSAL SUBMITTED 70 PHONE
City of'San Bernardino 909-208-4018 612612013
STREET JOB NAME
Community Center'
CITY,STATE AND ZIP ODE JOri LOCATION
San Bernardino calif 92404 3664Little League Drive San Ber-n. Ca 92407
ARCHITECT DATE OF PLANS JOB PHONE
N14 NIA N/A c
We hereby submit specifications and estimates for: 0
Replacement of vandalized A/C Equipment v_
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Scope of'Wor k:1. Remove Three vandalized Bard 3 ton sidewall A1C units,from-Buildings. `o
2.Provide-Install t1n°ee Bard 3 ton Si'dewall Pleat.pump A1C units complete with.factory a
Security Cages.
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3. Providellnwall t1n•ee,factory Security Cages on tln•ee existing Bard sidewall A/C units.
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Note: Str•uclrrral,Roofi'ng;l'ai'r7tingl'atching,Permits by other-s N
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VVID—W hereby to furnlsh material and labor-complete in accordance with the above.specifications for the sum.of: E
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dollars($
24700.00
Payment to,be made as follows: Q
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TERMS v
All material Is guaranteed to be specllied-All work to be completed In a workmanlike manner Authorized !'
according to standard practices.Any alteration or deviation from above specifications Involv. 6 Q
Ing extra costs will bo execulod only upon written orders and will become an extra charge Note:This proposal may be
over and above the estimate.Alf egraen3onts contingent upon strikes,accidents or delays withdrawn b us if not accepted within 30 days
beyond our control.Owner to carry fire,tornado and other necessary insurance.Our workers Y p --•- - Y
are fully covered by Workmen's Compensation Insurance.
Pursuant to Section 3097 of the California Civil Code,we are required to give you notice that
lithe bills are not Aald In,ull for such labor,services,equipment or materials furnished,the
improved property at the job site described Above may bt subject to mochanic's liens.All ,.
legal costs to-be borne by debtor.
A nd(cept6lur of 3propont- The above prices,specification conditions Ejre satisfactory and are hereby accepted, You aro authorized to do Signature
,he work as.specilied.Payment will be made as outlined above. _
Signature
)ate of Acceptance:
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Linda Dortch
From: Rick Moreno
sent: Friday, June 28,2013 7:23 AM
To: Rick Moreno
Subject: RE:Verdamount Community Center
Connie,
As of 6/28/13 Russells is considered non responsive to the request for bid at the Verdamount Community Center and
will be removed from the bidders list.
Regards
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Rick
From: Rick Moreno c
Sent:Tuesday,June 18, 2013 3:44 PM 0
To: 'RusselisHVAC @msn.com' a
Subject: Verdamount Community Center y
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Connie,
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The address is: 3664 Little League Drive 5B 92407.
We are looking to replace (3)Bard 036 HEAT PUMP Units and install(6)security cages.
Thanks N
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Rick
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