HomeMy WebLinkAbout07. Award Contract to F.M. Thomas Air Conditioning Inc. for Chiller at CMSCt is
TO' HONORABLE MAYOR AND MEMBERS OF THE CITY COUNC 9
FROM: OFFICE OF THE CITY MANAGER
BY: DELFINO R. CONSUNJI, P.E., DIRECTOR OF PUBLIC WORKS
DATE: AUGUST 14, 2018
CUBJECT: AWARD CONTRACT TO F.M. THOMAS AIR CONDITIONING, INC. TO
REPLACE CHILLER CONDENSER COILS AT THE COLUMBIA MEMORIAL
SPACE CENTER
That the City Council:
1. Award a contract to F.M. Thomas Air Conditioning, Inc. for the replacement of chiller
condenser coils at the Columbia Memorial Space Center;
2. Authorize the Mayor to execute the contract in a form approved by the City Attorney; and
3. Appropriate $37,500 from General Fund balance to cover the cost of the work.
The Columbia Memorial Space Center (CMSC) was constructed in 2007-2008, including the
heating, ventilation and air conditioning (HVAC) system. The CMSC is one of the City's heavily
used facilities, especially during the summer months when several summer programs utilize the
facility. Over the last two years, the chiller condenser coils have been leaking refrigerant. In an
effort to maintain cooling at the CMSC, Public Works staff have been refilling and recharging the
system with refrigerant. However, the number of times and amount that the system can be
recharged is restricted by the South Coast Air Quality Management District (SCAQMD). The
HVAC system is no longer operating efficiently and is beyond repair, thus, the condenser coils
need to be replaced for optimal air conditioning and cooling operations.
Public Works staff solicited bids from the following HVAC contractors to replace the condenser
coils. Below is a breakdown of the bids received:
Contractor Bid Amount
F. M. Thomas Air Conditjqqjn Inc. $32,637
Labert� Clamate Control, Inc. $37,520
Emcor Services $41,995
AWARD CONTRACT TO F.M. THOMAS AIR CONDITIONING, INC. TO REPLACE CHILLERS
AT THE COLUMBIA MEMORIALSPACECENTER
AUGUST 14, 2018
PAGE #2
F.M. Thomas Air Conditioning, Inc. (FM Thomas) submitted the lowest responsible bid in the
amount of $32,637. FM Thomas is the City's current service provider for routine maintenance of
the HVAC systems at City -owned buildings and facilities. Their services have been satisfactory.
Staff recommends that the City Council award a contract to FM Thomas for replacement of the
chiller condensation coils at the CMSC.
The repairs can be completed without interruptions to the scheduled programs or activities at
the GMSC. Work is scheduled to commence in early September and is anticipated to be
completed by the end of September 2018.
Efficiency and Adaptability
Quality of Life, Infrastructure & Parks
The total estimated project cost is as follows.-
Item
ollows:Item Amount
Construction Contract $32,637
Contin envies $4,863
Total Pro 'ect Cost $37,500
This work is outside the scope of routine maintenance and is not included in the Public Works
Department operating budget. Staff is requesting that the City Council appropriate $37,500
from the General Fund balance to cover the cost of the replacement of chiller condenser coils at
the CMSC.
ATTACHMENTS
Contract Agreement
PA
CONTRACT
AGREEMENT
CAPITAL IMPROVEMENT PROJECT NO. 1
REPLACEMENT PROJECT
THIS CONTRACT is made and entered into at Downey, California this 14th day of August , 2018, by and between the
CITY OP DOWN Y a chartered municipal corporation (hereinafter "City") and FM. THOMAS AIR CONDITIONING,
INC., (hereinafter "Contractor").
THE PARTIES HERETO AGREE AS FOLLOWS:
1. CONTRACT DOCUMENTS - Contractor agrees to perform all work specified in the Columbia Memorial Space
Center (CMSC) Chiller Condenser Coils Replacement Project and Scope of Work, entitled Proposal and Contract
Proposal No. MF8627 under Capital Improvement Project No. 19-16, in accordance with the documents hereinafter
described, which are by reference incorporated herein and made a part hereof, and are in the Office of the City
Engineer.
A. Mechanical Site Plan for the Columbia Memorial Space Center Project under Capital Improvement Project No.
19-16
B. S ci cation for Columbia Memorial Space Center Chiller Condenser Coils Replacement Project, per Quote
and Scope of Work.
C. Proposal for Columbia Memorial Space Center Chiller Condensor Coils Replacement Project under Capital
Improvement Project No. 19-16, submitted by the Contractor.
D. Addenda None.
2. PAYMENT - In consideration thereof the City agrees to pay to the Contractor the sum of Thiqy Two Thousand Six
Hundred Thiry -Seven and 881188 Dollar ($32,637.00 , payable upon completion of the work or for work
completed through the end of each month per City's Finance Department's payment schedule.
CONTRACT
CAPITAL'•VEMENT PROJECT NO. `'
-16
COLUMBIA MEMQ,
Page of
IN WITNESS WHEREOF, the parties have caused this Contract to be executed the date and year first above written..
By:
Authorized Signatory (Print Name)
By:
Authorized Signatory (Signature)
Date:
By:
Sean Ashton, Mayor
Date,
APPROVED AS TO FORM: ATTEST:
By By:
Yvette M. Abich Garcia, City Attorney Maria Alicia Duarte, CMC, City Clerk
Date: Date:
I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against
liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and
I will comply with such provisions before commencing the performance of the work of this contract.
By:
An Authorized Signatory
Date`
Note: This Contract Agreement must be executed in duplicate and dated, all signatures must be notarized, and
evidence of the authority of any person signing as attorney-in-fact must be attached.
Bond No.
PERFORMANCE• r
IMPROVEMENTCAPITAL • NO. 19.16
REPLACEMENTPROJECT
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Downey, California ("City"), has awarded Capital Improvement Project No. 19-16 ("Contract")
to F.M. Thomas Air Conditioning,Inc.. ("Principal"), for the construction of the Columbia l ernori l Space Center
Chiller Condenser Coils Replacement Project.
WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the
Contract.
NOW, THEREFORE, we, the undersigned Principal, and ("Surety")
a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the
City in the penal sum of Thirty Two Thousand Six Hundred Thirty -Seven and 00/100 Dollars ($32,637.00), this
amount being not less than the total Contract price, in lawful money of the United States of America, for the payment of
which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, or his/her heirs, executors, -
administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform all
the undertakings, terms, covenants, conditions and agreements in the Contract and any alteration thereof made as
therein provided, on the Principal's part to be kept and performed, all within the time and in the manner therein specified, -
and in all respects according to their true intent and meaning, and shall indemnify and hold harmless the City, its
officers, agents, and others as therein provided, then this obligation shall become null and void; otherwise, it shall be
and remain in full force and effect.
In case suit is brought upon this bond, Surety further agrees as part of the obligation secured hereby and in addition to
the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including
reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be treated as cost and
included in any resolution.
FURTHER, the Surety, for value received, hereby stipulates and agrees that no change extension of time, alteration,
addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the Specifications for
the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change,
extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the Specifications
thereunder.
CONTRACT AGREEMENT
CAPITAL IMPROVEMENT PROJECT NO. 19-16
COLUMBIA MEMORIAL SPACE CENTER CHILLER CONDENSER COILS REPLACEMENT PROJECT
Page 2 of 2
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be
deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of
each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant
to authority of its governing body.
Date:
"Principal"
By:
Its
By:
Its
(Seal)
"Surety"
By:
By:
Its
Its
(Seal)
Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the
authority of any person signing as attorney-in-fact must be attached.
Bond No. ,
PAYMENT BOND
(LABORD MATERIAL)
REPLACEMENT •
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Downey, California ("City"), has awarded Capital Improvement Proiect No, 19.1 ("Contract")
to F.M. Thomas Air Conditioning; inc ("Principal"), for the construction of the Columbia Memorial Space Center'
Chiller Condenser Coils Replacement Projec .
WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of
claims of laborer, mechanics, material suppliers, and other persons as provided by law.
NOW, THEREFORE, we, the undersigned Principal, and ("Surety")
a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the
City in the penal sum of Thirt Two Thousand Six Hundred Thi -Seven and 80/188 Dollars8 7.t}0 this
amount being not less than the total Contract price, in lawful money of the United States of America, for the payment of
which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bound Principal, or his/her heirs, executors,
administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of
the California Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor
performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment
Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13030
of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay
for the same in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall become
null and void.
This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to
give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought upon
this bond, Surety further agrees to pay all court costs incurred by the City in the suit and attorneys' fees.
FURTHER, the Surety, for value received; hereby stipulates and agrees that no change, extension of time, alteration;
addition or modification to the terms of the Contract, or of the work to be performed thereunder, or these Specifications
for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change,
extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to these
Specifications thereunder.
CONTRACT AGREEMENT
CAPITAL IMPROVEMENT PROJECT NO. 19.16
COLUMBIA MEMORIAL SPACE CENTER CHILLER CONDENSER COILS REPLACEMENT PROJECT
Page 2 oft
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edull w1puldle Pdrif uU1119 11elulu dillAw d11U LHUSU PlUbU1115 U111 31910 -ay R5 Fluer-Slylitu lupfubuma,1177""
• • • its governing body.
Date:
"Principal"
By:
By:
its
By:
By:
Its
By:
By:
its
Its
By:
its
(Seal) (Seal)
Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the
authority of any person signing as attorney-in-fact must be attached.
I I NIP] M-11 0 LEI 01OW4111 J, 14 0 MCI 1 0910 RM 0,111810 ffil Z UIR, N i I �ffi
CASH CONTRACT I MISCELLANEOUS PROJECT I PERMIT / PURCHASE ORDER I AGREEMENT NUMBER: CIP 18.16
This document acknowledges insurance provided under the following:
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this document
is attached or in any endorsement which now or later attaches to the policy, the Company agrees as follows:
ADDITIONAL INSURED: The City of Downey, its officers, agents and employees are included as additional insured, with
respect to liability and defense of claims and suits arising out of the operations and uses performed by or on behalf of the
named insured.
CONTRIBUTION WAIVED: This insurance is primary. The City of Downey's insurance program shall be excess of this
insurance. The Company shall not seek contribution from the City and its insurers.
SEPARATION OF INSURED: This insurance applies separately to each insured against whom claim is made or suit is
brought, except that the naming of multiple insured shall not increase the Company's limits of liability. The inclusion of any
person, organization, firm or entity as an insured under the policy shall not affect any right which such person, organization,
firm or entity would have as a claimant if not so included,
CANCELLATION NOTICE: If the Company elects to cancel or terminate this insurance before the stated expiration date, or
declines to renew a continuous policy, or reduces the stated limits other than by impairment of an aggregate limit, the
Company shall mail written notice to the City at least 30 days in advance of such election. For non-payment of premium, the
Company shall give the City at least ten (10) days advance written notice of cancellation or termination,
Except as stated above, all other endorsements, provisions, conditions, limits and exclusions of this insurance shall remain
unchanged.
19111MIXIA I � � -, I I i 1 2111
By my signature on this insurance document, I warrant that I have authority to bind the insurance company and do so bind the company to
this document:
W.111 I I m Lei 1.4 U0111142
GUIDANCE FOR SUBMITTING EVIDENCE OF INSURANCE
TO THE CITY OF DOWNEY
1 For faster processing of your permit application, lease, contractor purchase order, please give this insurance
document to your insurance company, or its authorized representative, for completion of this form. No
modifications to this form are permitted.
2. If your insurance company or the authorized representative chooses instead to use its own
endorsement form, you should allow for extra processing time by the City. The City Attorney's office
must review all insurance company forms for compliance with the conditions of your permit, lease,
contract or purchase order, or other City insurance requirements.
1 In addition to this insurance document, or your insurance company's endorsement form, you must submit to
the City a "certificate of insurance" from your insurance company. The certificate must comply with the City's
insurance requirements,
4, YOUR CERTIFICATE OF INSURANCE AND THIS INSURANCE DOCUMENT MUST SHOW COMMERCIAL
GENERAL LIABILITY COVERAGE AND AUTOMOBILE LIABILITY COVERAGE, UNLESS CITY
PERSONNEL INSTRUCT YOU OTHERWISE.
5, Please return this insurance document and the certificate to the City Department below:
Permit Applicants:
2nM33n=
WM=
City Department responsible for your
Contract or requesting your services
February 2018
Subject: CMSC =Coil Replacement Project
For your consideration:
The Columbia Memorial Space Center was built in 2007-08 and at that time the Carrier 30XAA11067-
05163, S#3807Q91762 Chiller Unit was installed. Beginning in 2016 the coils to that unit began to leak
refrigerant in small areas throughout the eight coils. We were advised that this was the beginning of the
end for the Chiller coils and we advised our Service Contractor to keep us informed of the progress of
the leaks. They have been able to maintain a level of performance that is satisfactory until Nov 2017. At
that point the leaks had progressed to the point that the unit can no longer be recharged with coolant
by State AQMD Regulation and we were advised at that time that the coils should be replaced as soon as
possible to avoid catastrophic failure in the warm months.
This is an urgent repair, without the coils there will be no cooling.
The following is the current scope of work that should be used to seek 2 additional bids.
Scope of Work - Replace condenser coils (8) for Carrier 30XAA11067-05J63, S#3807Q91762
1. Provide and install the following:
a. Recover refrigerant charge and re -use (2 circuits)
L Please note that the system has unrepairable system leaks and we
anticipate it to be substantially low on charge at the time of the job.
b. Disconnect and remove existing evaporative coils (8) for (2) circuits
c. New OEM microchannel coils to match existing
L (2) new driers and cores
d. Re -charge system with up to 180# of new R -134a
i. Pressure test FMT refrigerant repairs/ pressure test other refrigerant
connects, correct and evacuate to 500 microns, circuits A&B
e. Crane and rigging. Crane will be located in parking lot behind building.
f. Start and test. 1 year parts and labor warranty.
L Plug in to chiller using Carrier service tool and verify settings and faults
g. Provide written report of findings
h. All work quoted on straight time only.
L Prevailing wage and certified payroll
I'd be happy to provide more information should it be needed.
• CONDMONINGr
YOUR COMMERCIAL SERVICE & CONTROLS SPECIALISTS ... Since 1974
Contractor License #313574
Tel. 800.660.0891
Fax: 714.738.0886
www.fmthomas.com
PROPOSAL AND CONTRACT
City of Downey Proposal # MF8627
Maintenance Services Division Date: November ISt 2017
12324 Bellflower Blvd, Downey Location: Downey Space Center
Ca 90241
Ref: Carrier Chiller coil replacements
Attn: Bob Bryan Telephone: 562-271-3552
Fax: 562-862-0719
The Current Carrier chiller has microchannel coils that have unrepairable refrigerant leaks. This chiller was
manufactured during the early days of microchannel and the technology had not been perfected. Due to
AQMD requirements and our recent annual filing, we are obligated to advise the City to replace the existing
(8) coils.
1. F.M. Thomas Air Conditioning to provide and install the following:
a. Recover refrigerant charge and re -use (2 circuits)
i. Please note that the system has unrepairable system leaks and we anticipate it to be
substantially low on charge at the time of the job.
b. Disconnect and remove existing evaporative coils (8) for (2) circuits
c. New OEM microchannel coils to match existing
L (2) new driers and cores
d. Re -charge system with up to 180# of new R -134a
i. Pressure test FMT refrigerant repairs/ pressure test other refrigerant connects,
correct and evacuate to 500 microns, circuits A&B
locatede. Crane and rigging. Crane will be in parking lot behindf. Start and test. 1 year parts and ...
L Plug in to chiller using Carrier service tool and verify settings and faults
Provideg. written report
h. All . on straight time only.
i. Prevailing wage and certified payroll
F. M. Thomas Corporate Office Location 1 231 Gemini Avenue, Brea, CA 92821 1 Phone: 714.738.1062 --
Coachella Valley 1 46-660 Washington Suite 1, La Quinta, CA 92253 1 Phone: 760.564.6060
Base Bid, including tax...... .....32,637.00
This quotation includes material, taxes, and labor for services described and listed above only.
This is a "turn -key project. It is F.M. Thomas Air Conditioning's intention that this scope is all-inclusive and
will not be added to. Additions to the price defined above will only be requested if one of the following
occurs:
Existing devices and components are found non-functional during system installation/startup and are
required for proper system operation.
• Existing related equipment is found to not meet performance requirements necessary to achieve
proper control sequence and/or system conformity to new factory specifications.
• Customer requested, mutually agreed upon change of scope.
• Delays occur during work not caused by F.M. Thomas Air Conditioning, Inc.
• See Integration of New and Old Equipment, article S, General Terms.
We thank you for the opportunity to serve you. Please let us know if we may be of assistance.
Sincerely,
Michael Feyka,
Regional Manager
ACCEPTANCE: Please sign and return one co
ACCEPTED THIS DAY OF ,year.
PURCHASE ORDER FIRM
BY TITLE
Countersignature of F.M.T. Corporate
Officer Required on contracts over $10,000.00
F.M. Thomas Air Conditioning, Inc.
F. M. Thomas Corporate Office Location 1 231 Gemini Avenue, Brea, CA 92821 1 Phone: 714.738.1062
Coachella Valley 1 46-660 Washington Suite 1, La Quinta, CA 92253 1 Phone: 760.564.6060
NOTE: I A PART OF THIS AGREEMENT
ThomasAir Conditioning,
A, ALL SERVICES OUTLINED IN THIS PROPOSAL WILL BE PERFORMED DURING REGULAR WORKING HOURS,
8:00 A.M. TO 4:30 P.M., MONDAY THRU FRIDAY. IF THE CUSTOMER REQUIRES OVERTIME, FMT WILL BE REIMBURSED FOR THE PREMIUM PORTION OF
WAGES PAID (INCLUDING PAYROLL TAXES AND INSURANCE), PLUS A REASONABLE ALLOWANCE FOR LOSS OF PRODUCTIVITY CAUSED BY THE OVERTIME.
B, ADDITIONAL WORK: F MT AGREES TO SUPPLY THE MATERIAL, LABOR, TRUCK CHARGES, AS SPECIFICALLY LISTED HEREIN.- IF ADDITIONAL WORK IS
REQUIRED BY THE CUSTOMER OR ADDITIONAL WORK IS REQUIRED TO MEET EQUIPMENT MANUFACTURER'S SPECIFICATION(S) OR CUSTOMER REQUIRED
DESIGN AND/OR PREFERENCE CRITERIA, PREVENT DAMAGE TO THE STRUCTURE, PERSON(S) OR CONTENTS, INCLUDING THE WORK PROVIDED BY THIS
PROPOSAL AND CONTRACT, SATISFY GOVERNMENTAL HEALTH, SAFETY AND BUILDING CODES, RULES AND LAWS OF A.Q.M.D. AND/OR EPA, OR OTHER
GOVERNMENTALAUTHORITY(S) SUCH WORK WILL BE AT ADDITIONAL COST.,
C, WARRANTY: 1) F.M. THOMAS AIR CONDITIONING, INC., AGREES TO WARRANT THE LABOR FOR A PERIOD OF (1) YEAR AND MATERIALS FOR A PERIOD
OF ONE YEAR FROM DATE OF LAST WORKORDER, AND THAT ALL PARTS REPLACED, MATERIALS FURNISHED, AND WORK ACCOMPLISHED, IS FREE FROM
DEFECT IN MATERIAL AND WORKMANSHIP. 2) REFRIGERANT REPLACEMENT WARRANTY INCLUDING LABOR INVOLVING NEW EQUIPMENT SOLD,
INSTALLED AND MAINTAINED BY FMT IS ONE YEAR. 3) REFRIGERANT REPLACEMENT WARRANTY INCLUDING LABOR INVOLVING SERVICE /REPAIR
/MODIFICATIONS /RETROFIT AND MAINTENANCE WORK IS LIMITED TO 30 DAYS FROM LAST WORKORDER DATE.
D.ACCEPTANCE: THIS PROPOSAL IS SUBJECT TO ACCEPTANCE WITHIN 30 DAYS FROM QUOTATION OF ABOVE LISTED WORK.
E, TERMS: TIME IS OF THE ESSENCE, PAYMENT IN FULL, 10 DAYS FROM INVOICE DATE OF ABOVE LISTED WORK.
F' PAYMENTS: FOR WORK COMMENCED AND COMPLETED IN ANY CALENDAR MONTH, CUSTOMER WILL PAY THE CONTRACT PRICE `INFULL IN CASH
UPON COMPLETION OF THE WORK. OTHERWISE, CUSTOMER WILL PAY THE PRICE IN CASH IN PROGRESS PAYMENTS FOR WORK COMPLETED THRU THE
END OF EACH MONTH.
G. ATTORNEY'S FEES:- IF EITHER PARTY HERETO COMMENCES AN ACTION AGAINST THE OTHER ARISING OUT OF, OR IN CONNECTION WITH THIS PROPOSAL
AND CONTRACT, THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER FROM THE LOSING PARTY, REASONABLE ATTORNEY'S FEES AND COSTS OF SUIT,
THE VENUE FOR LEGALACTION(S) SHALL BE THE NORTH ORANGE COUNTY MUNICIPAL/SUPERIOR COURT, OR THE FEDERAL DISTRICT COURT OF LOS
ANGELES.
H. INSURANCE: FMT WILL SUPPLY WORKER'S COMPENSATION INSURANCE IN THE FORMS AND AMOUNT REQUIRED BYLAW. IN ADDITION, FMT SHALL
SUPPLY THE LIABILITY INSURANCE DESCRIBED INA CERTIFICATE OF INSURANCE WHICH IS ATTACHED TO THIS PROPOSAL, OR WHICH IN THE ABSENCE OF
SUCH ATTACHMENT WILL BE SUPPLIED THE CUSTOMER ON REQUEST.
L RIGHT TO STOP WORK: FMT SHALL HAVE THE RIGHT TO STOP WORK IF PAYMENTS ARE NOT MADE WHEN DUE UNDER THIS CONTRACT AND MAY KEEP THE
JOB IDLE UNTIL ALL PAYMENTS HAVE BEEN RECEIVED.
L INTEGRATION: THIS AGREEMENT SUPERSEDES AL PRIOR CONTEMPORANEOUS AGREEMENTS, NEGOTIATIONS, REPRESENTATIONS, UNDERSTANDINGS AND
DISCUSSIONS BETWEEN THE PARTIES AND/OR THEIR REPSECTIVE COUNSEL WITH RESPECT TO THE SUBJECT MATTER COVERED HEREBY.
K. CUSTOMER TO MAKE AVAILABLE TO CONTRACTOR'S PERSONNEL PERTINENT MATERIAL SAFETY DATA SHEETS (MEDS) AS SPECIFIED BY OSHA'S HAZARD
COMMUNICATIONS STANDARD REGULATIONS.
L„ HAZARDOUS SUBSTANCES: FMT'S IMPLIED OBLIGATION UNDER THIS PROPOSAL AND AGREEMENT DOES NOT INCLUDE IDENTIFICATION OF,
OR TESTS OF ANY ASBESTOS PRODUCT(S) OR OTHER HAZARDOUS SUBSTANCE(S). UPON THE EVENT OR
ENCOUNTER OF ANY SAID PRODUCT(S) AND/OR SUBSTANCE(S). FMT RESERVES THE RIGHT TO SUSPEND ITS WORK UNTIL SAID SUBSTANCE(S) OR
PRODUCT(S) ARE REMOVED.
M.: DIFFERING SITE CONDITIONS: IF FIAT ENCOUNTERS SUBSURFACE OR LATENT PHYSICAL CONDITIONS AT THE SITE, DIFFERING MATERIALLY FROM THOSE
INDICATED IN THE BID DOCUMENTS, OR FOUND DURING THE SITE JOB WALK, OR UNKNOWN PHYSICAL CONDITIONS, OF AN UNUSUAL NATURE, DIFFERING
MATERIALLY FROM THE CONDITION(S) RELIED UPON IN THIS PROPOSAL AND CONTRACT, FMT WILL PROMPTLY NOTIFY THE CUSTOMER IF SUCH
Thomas• • Office LocationBrea, t 92821
Phone: 714.738.1062
CONDITIONS CAUSE AN INCREASE OR DECREASE IN THE COST OF, OR THE TIME REQUIRED FOR PERFORMANCE OF ANY PART OF THE WORK, AN EQUITABLE
ADJUSTMENT IN PRICE SHALL BE MADE AND THE CONTRACT TIME MODIFIED ACCORDINGLY.
N. FORCE MAJEURE: FMT SHALL NOT BE DEEMED IN DEFAULT NOR BE LIABLE FOR DAMAGES FOR ANY FAILURE OR DELAY IN PERFORMANCE OF IT'S WORK
WHICH ARISE OUT OF CAUSE BEYOND IT'S REASONABLE CONTROL. SUCH CAUSES MAY INCLUDE, WITHOUT LIMITATION, ACTS OF GOD OR OF THE PUBLIC
ENEMY, ACTS OF THE GOVERNMENT EITHER IN IT'S SOVEREIGN OR CONTRACTUAL CAPACITY, FIRES, FLOODS, EPIDEMICS, QUARANTINE RESTRICTIONS,
STRIKES, FREIGHT EMBARGOES, MATERIAL SHORTAGES, OR UNUSUALLY SEVERE WEATHER. IN THE EVENT THE WORK IS DELAYED BY SUCH CAUSES, THE
TIME FOR PERFORMANCE WILL BE EXTENDED ACCORDINGLY.
0. SHOULD GOVERNMENTAL 'PLAN CHECK" DEPARTMENT(S) REQUIRE ADDITIONAL WORK BEYOND THE SPECIFIED WORK DEFINED IN THIS PROPOSAL, SUCH
WORK REQUIRED BY "PLAN CHECK" DEPARTMENT SHALL REQUIRE AN EQUITABLE PRICE ADJUSTMENT TO COVER FMT'S COSTS, LABOR, OVERHEAD, TIME
ALLOWED AND PROFIT.
P; UNLESS SPECIFICALLY LISTED IN THIS PROPOSAL, INSTALLATION OR REPAIR OF VIEW SCREEN(S), STRUCTURAL ENGINEERING OR WORK, PATCH, REPAIR AND
PAINTING, ACCESS LADDER(S) OR ROOF HATCH(S), ROOF PATH WAYS, REPAIRS TO LAWN AND(OR) LANDSCAPE SPRINKLERS OR DAMAGE TO SIDE WALKS,
CURBS AND PARKING LOTS ARE EXCLUDED.
Q. THE WITHIN DESIGN IS EXCLUSIVELY OWNED BY F.M. THOMAS AIR CONDITIONING, INC. AND IS NOT INTENDED FOR PUBLICATION. EXHIBITION HEREIN IS
SOLELY FOR THE PURPOSE OF EFFECTING A SALE, OR TRANSFER, OF THE DELINEATED AIR CONDITIONING, TEMPERATURE CONTROLS AND OR
REFRIGERATION INSTALLATION.
Ra: CONTRACTORS ARE REQUIRED BYLAW TO BE LICENSED AND REGULATED BY THE CONTRACTOR'S STATE LICENSE BOARD., ANY QUESTIONS CONCERNING A'
CONTRACTOR MAYBE REFERRED TO THE REGISTRAR OF THE BOARD WHOSE ADDRESS IS: CONTRACTOR'S STATE LICENSE BOARD, 9835 GEOTHE ROAD,
SACRAMENTO, CALIFORNIA 95821.
S: INTEGRATION OF OLD AND NEW EQUIPMENT: BUYER RECOGNIZES THATTHE OPERATION OF THE BUILDING SYSTEMS WILL NECESSARILY DEPEND UPON
NEW EQUIPMENT INSTALLED BY F.M. THOMAS, OPERATING IN CONJUNCTION WITH EXISTING EQUIPMENT PART(S). SUCH OLDER EQUIPMENT/PART(S)
MAYBE IN POOR CONDITION, AND IN NEED OF REPAIR, AND/OR LACKS STATE OF THE ART TECHNOLOGY. F.M. THOMAS HAS NOT BEEN REQUESTED, NOR
PAID, TO REPLACE CERTAIN EXISTING EQUIPMENT, PIPING AND SIMILAR ITEMS. SOME OF THIS EQUIPMENT MAY SUFFER FROM DEFERRED MAINTENANCE
PROBLEMS. BUYER AGREES TO ACCEPT THE WORK IN ACCORDANCE WITH F.M. THOMAS' PROPOSAL IN LIGHT OF THE FACT THAT THE BUILDING SYSTEMS
WILL HAVE A MIXTURE OF OLD AND NEW EQUIPMENT AFTER F.M. THOMAS HAS COMPLETED ITS WORK.
T. FMT WILL NOT MAKE WARRANTY REPAIRS OR REPLACEMENT OF DAMAGES NECESSITATED BY REASON OF NEGLIGENCE OR MISUSE OF EQUIPMENT OR
SYSTEM COMPONENT(S) BY OTHER PERSON(S) OR PARTY(S), INCLUDING OWNERS AGENTS AND EMPLOYEES OR OWNERS SUBCONTRACTOR(S).
FM. Thomas Corporate Office Location 1 231 Gemini Avenue, Brea, CA 92821 1 Phone: 714.738.1062
Coachella Valley 1 46-660 Washington Suite 1, La Quinta, CA 92253 1 Phone: 760.564.6060 1
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