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United Mechanical Dance Studio Ductwork Repair, 2-14-23

Cotati City Council
March 28, 2023

Document
United Mechanical Dance Studio Ductwork Repair, 2-14-23
Meeting
March 28, 2023
Body
Cotati City Council
Original file
212 KB
Text extracted from the city's file for reading and search. Open the original on cotaticity.primegov.com. That file is the official record.

Rohnert Park, CA 94928 | 707-796-7400
1-866-SERV-UMI (1-866-737-8864)
CA LICENSE #828335
JOBSITE:

Client: Tenant:

Contact Name: Onsite Contact:

Billing Address: Service Address:

SCOPE OF WORK:

ADDITIONAL INFORMATION:

UMI Rep: Client:

Title: Title:

Date: Date:

MOE Engineering
Dave Silzle
TBD
Craig Scott
02/14/23
By accepting this proposal, the purchaser agrees to the attached terms and conditions. This quotation will be valid for a period of 60 days and payment is due 30 days from invoicing. If payment is not received interest will accrue at the rate of 1.5% per month. If an action is brought for collection the prevailing party shall be entitled to attorney's fees.

Unless otherwise stipulated herein, our pricing is based on all work taking place during normal business hours, and excludes permits, fees, engineering, or original service call costs.

Contractors are required by law to be licensed by the Contractor's State License Board which has jurisdiction to investigate complaints against Contractors if a complaint is filed within three years of the date of the alleged violation. Any questions concerning a Contractor may be referred to the Registrar, Contractor's State License Board, P.O. Box 26000, Sacramento, CA 95826
[California Business and Professional Code 7030(a)]
Domenic Grillo
SUBMITTED TO:

Cotati, CA 94931
201 West Sierra Avenue
City of Cotati
Reference #:
6115 State Farm Drive, Unit A1 PROPOSAL AND CONTRACT
NB Account Manager
It was found that the ductwork serving the dance studio has been leaking water damaging the ductwork and damaging the existing material. Ductwork and flex will be replaced like for like in sizing. Concrete to be poured by others for ductwork supports.

TOTAL PRICE: $9,882
CA License #: 828335 | C20, C43, C36, B1, C4
1-866-SERV-UMI (1-866-737-8864) for 24/7/365 Response
2185 Oakland Road, San Jose, CA 95131 | 408-232-9000
6115 State Farm Drive, Unit A1, Rohnert Park, CA 94928 | 707-796-7400 2945 Ramco St., Suite 105, West Sacramento, CA 95691 | 916-250-1353 815 Atlantic Ave., Suite 105, Alameda, CA 94501 | 510-735-8001

TERMS AND CONDITIONS
By accepting this proposal, Purchaser agrees to be bound by the following terms and conditions:

1. SCOPE OF WORK. This proposal is based upon the use of straight time labor only. Purchaser agrees to provide United Mechanical Inc (UMI) with required field utilities (electricity, toilets, drinking water, project hoist, elevator service, etc.) without charge. UMI agrees to keep the job site clean of debris arising out of its own operations. Purchaser shall not back charge UMI for any costs or expenses without UMI’s express written consent.

2. HAZARDOUS MATERIALS. Unless specifically noted in the statement of the scope of work or services undertaken by UMI under this agreement, UMI's obligations under this agreement expressly exclude any work or service of any nature associated or connected with the identification, abatement, clean up, control, removal, or disposal of environment Hazards or dangerous substances, to include but not be limited to asbestos or PCBS, discovered in or on the premises. Any language or provision of the agreement elsewhere contained which may authorize or empower the Purchaser to change, modify, or alter the scope of work or services to be performed by UMI shall not operate to compel UMI to perform any work relating to Hazards without UMI's express written consent.

3. INVOICING & PAYMENTS. UMI may invoice Purchaser monthly for all materials delivered to the job site or to an off-site storage facility and for all work performed on-site and off-site. Waivers of lien will be furnished upon request, as the work progresses, to the extent payments are received. If UMI's invoice is not paid within 30 days of its issuance, it is delinquent unless other approved agreement stipulates otherwise.

4. MATERIALS. If the materials or equipment included in this proposal become temporarily or permanently unavailable for reasons beyond the control and without the fault of UMI, then in the case of such temporary unavailability, the time for performance of the work shall be extended to the extent thereof, and in the case of permanent unavailability, UMI shall (a) be excused from furnishing said materials or equipment, and (b) be reimbursed for the difference between the cost of the materials or equipment permanently unavailable and the cost of a reasonably available substitute therefor.

5. WARRANTY. UMI warrants the parts and labor used during repairs of equipment covered by a UMI maintenance agreement for a period of one (1) year from date of repair. If the equipment is not covered by a UMI maintenance agreement UMI warrants the parts for a period of (1) year and the labor for (90) days. When the customer provides notice to United Mechanical Inc of any such defect within thirty (30) days after the appearance or discovery of such defect, United Mechanical Inc shall, at its option, repair or replace the defective equipment and/or parts. These warranties do not extend to any equipment and/or parts which has been repaired by others, normal wear and tear (belts, filters, etc.), abused, altered, misused, vandalized, damaged by acts of god. THESE WARRANTIES ARE IN LIEU OF ALL OTHER

WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY AND FITNESS FOR A SPECIFIC PURPOSE.

6. LIABILITY. UMI shall not be liable for any special, indirect or consequential damages arising in any manner from the equipment or material furnished or the work performed pursuant to this agreement.

7. TAXES. The price of this proposal does not include duties, use, excise, or other similar taxes, unless required by federal, state or local law.

Purchaser shall pay, in addition to the stated price, all taxes not legally required to be paid by UMI or, alternatively, shall provide UMI with acceptable tax exemption certificates. UMI shall provide Purchaser with any tax payment certificate upon request and after completion and acceptance of the work.

8. DELAYS. UMI shall not be liable for any delay in the performance of the work resulting from or attributed to acts or circumstances beyond UMI's control, including, but not limited to, acts of God, fire, riots, labor disputes, conditions of the premises, acts or omissions of the Purchaser, Owner, or other Contractors or delays caused by suppliers or subcontractors of UMI, etc.

9. COMPLIANCE WITH LAWS. UMI shall comply with all applicable federal, state and local laws and regulations and shall obtain all temporary licenses and permits required for the prosecution of the work. Licenses and permits of a permanent nature shall be procured and paid for by the Purchaser.

10. DISPUTES. All disputes involving more than $15,000 shall be resolved by arbitration in accordance with the rules of the American Arbitration Association. The prevailing party shall recover all legal costs and attorney's fees incurred as a result. Nothing here shall limit any rights under construction lien laws.

11. INSURANCE. Insurance coverage in excess of UMI's standard limits will be furnished when requested and required. No credit will be given or premium paid by UMI for insurance afforded by others.

12. INDEMNITY. The Parties hereto agree to indemnify each other from any and all liabilities, claims, expenses, losses or damages, including attorneys' fees, which may arise in connection with the execution of the work herein specified and which are caused, in whole or in part, by the negligent act or omission of the-indemnifying Party.

13. OCCUPATIONAL SAFETY AND HEALTH. The Parties hereto agree to notify each other immediately upon becoming aware of an inspection under, or any alleged violation of, the Occupational Safety and Health Act relating in any way to the project or project site.

14. ENTIRE AGREEMENT. This proposal, upon acceptance, shall constitute the entire agreement between the parties and supersedes any prior representations or understandings.

15. SALES TAX. UMI does not hold a Reseller License and cannot collect sales tax on services provided. All stated sales tax amounts are amounts paid by UMI to each particular vendor holding a resellers license. Clients cannot claim sales taxes on any part of this business transaction.

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