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HVAC Maintenance Exhibit A (Scope of Services & Fee Schedule)

Lancaster City Council
March 26, 2024

Document
HVAC Maintenance Exhibit A (Scope of Services & Fee Schedule)
Meeting
March 26, 2024
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Lancaster City Council
Original file
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Text extracted from the city's file for reading and search. Open the original on cityoflancasterca.primegov.com. That file is the official record.

Submitted by: Dan Marquez February 16, 2024 Page 1 of 9 City of Lancaster
615 W. Avenue H
Lancaster, CA 93534

HHVVAACC

PPRREEVVEENNTTAATTIIVVEE MMAAIINNTTEENNAANNCCEE

PPRROOGGRRAAMM

SUBMITTED TO :

City of Lancaster
615 W. Avenue H
Lancaster, CA 93534
Attn: Heather Andrews
(661) 723 -6195 – Office

JOBSITE LOCATION :

Public Works Yard
615 W. Avenue H
Lancaster, CA 93534

SUBMITTED BY :

Dan Marquez
Carrier Corporation
2478 Peck Road, City of Industry, CA 90601
CA License # 499642
Cell: (818) 652 -2365
Fax: (860) 998 -7888
[email protected]

Quote Number D08 -021624

PROPRIETARY NOTICE
This proposal contains information that is proprietary to Carrier. This information is made available to the company listed on the title sheet of this document solely for the purpose of evaluating this proposal. Carrier requests that this information not be disclosed to any person outside the company listed on the title sheet of this document responsible for this evaluation. Carr ier requests that the information (technical or financial) contained herein not be reproduced, disclosed, or used without the prior written permission of Carrier Corporation.

Exhibit "A" Scope of Services and Fee Schedule

Submitted by: Dan Marquez February 16, 2024 Page 2 of 9 City of Lancaster
615 W. Avenue H
Lancaster, CA 93534

1. CARRIER ADVANTAGES
Carrier would like to draw your attention to various points t hat may be of benefit to you in your service provider selection. For the sake of clarity and brevity, these points are outlined in a bulleted format.

LEED, Energy Efficiency, Sustainability
Carrier Corporation has strategic relationships and fully parti cipates in all available REBATES, early retirement and miscellaneous INCENTIVES that are offered by the local utilities, such as Los Angeles Department of Water and Power (LADWP), Southern California Edison (SCE), and San Diego Gas and Electric (SDGE), Glendale Water and Power (GWP) just to name a few.

Experience
The local Greater Los Angeles and Orange County Carrier branches has over 50 technicians locally (thousands nationally) with an average of over fifteen years experience per technician. Our technicians are factory trained and our entire field labor force is union. All the technicians carry digital “smart” field devices that can p rovide instant records, real -time dispatching and status updates for better customer support.

Carrier advocates for continuing education and certification programs for the technicians. All of our journeyman technicians have successfully completed the 7 -Year Apprenticeship program and obtain annual recertification. Carrier also offers many in-house training programs for technical and Environmental, Health and Safety (EH&S).

Around-the-clock support
Carrier can offer you 24 hour a day, 7 day a week, y ear-round service including remote monitoring, emergency repairs, temporary cooling rentals, energy conservation measures (ECM), engineering services, and a whole array of products and services.

Strength
Carrier Corporation is the world’s largest air conditioning manufacturer in the world and is a part of a >$58 billion parent corporation (United Technologies Corporation) with wide reaching resources. From technology to efficiency and profitability…UTC Carrier can put you far beyond where you are today. With our holistic systems approach, you can make meaningful improvements to your operation, and still reduce costs. A well-planned infrastructure and service upgrade means you won’t have to worry about unexpected financial impact of unplanned capital requests and excessive maintenance costs.

Reliability
Carrier prides itself on providing the highest quality products and services. Carrier uses OEM parts whenever and wherever possible. Carrier technicians are trained and must follow a very strict set of EH&S and Pure Safety guidelines on every job site and at all times.

Single Source Supplier
Carrier Corporation has formed strategic alliances with the biggest and best providers of ancillary products and services, such as cooling towers, pumps, boilers, engineering services and energy conservation measures (ECMs). These diverse offerings, coupled with nearly a ce ntury of Carrier equipment and service excellence, are now at your fingertips through one convenient point of contact.

Submitted by: Dan Marquez February 16, 2024 Page 3 of 9 City of Lancaster
615 W. Avenue H
Lancaster, CA 93534

2. SERVICE AGREEMENT S UMMARY
This SERVICE AGREEMENT shall be administrated by Carrier Commercial Service presently located at:

Corporate Office: 2478 Peck Road, City of Industry, CA 90601 - Phone (800) 942-1844

EQUIPMENT/CONTROLS DEVICE SERVICED
See “Equipment/Controls Device List” section for a list of equipment included in this SERVICE AGREEMENT.

AGREEMENT PRICE
The TOTAL AGREEMENT PRICE in year one shall be $10,776.00 payable $2,694.00 every ninety (90) days. The TOTAL AGREEMENT PRICE is $33,976.00 covering a term of 3 year(s).

Year1: Annual price $10,776 payable $2,694.00 per quarter Year2: Annual price $11,316 payable $2,829.00 per quarter Year3: Annual price $11,884 payable $2,971.00 per quarter

Please Note: Labor is based on Carrier's straight time hours; overtime labor is excluded for PM Service

AGREEMENT TERM
This AGREEMENT shall become effective upon April 01, 20 24 and shall continue for a 3 year term and will automatically renew year-to-year thereafter. Either party may terminate this AG REEMENT at the end of the first 1 year term with written 30 days notice. Pricing is per Sourcewell Contract Number 070121-CAR.

ACCEPTANCE AND APPROVAL
This shall become a valid AGREEMENT upon signature by CUSTOMER and signature by a CARRIER representative in the CARRIER Approval blocks below. The undersigned acknowledges and agrees by its signature that the General Provisions, Clarifications and any amendment or addenda prepared by CARRIER with respect thereto constitutes the entire AGREEMENT. No agent of CARRIER or employee shall have au thority to alter or waive any General Provision unless written approval is obtained from CARRIER headquarters.

Submitted By: Dan Marquez Date: 02/16/24

Execution by Authorized Representatives:

CUSTOMER ACCEPTANCE: CARRIER APPROVAL:

Customer Company Name
______________________________________________
Customer Acceptance (signature) Date Carrier Approval (signature) Date ______________________________________________
Customer Acceptance (typed/printed name) Carrier Approval (typed/printed name) ______________________________________________
Title Title
Base Amount $33,976.00
15 % Contingency $5,096.40
TOTAL $39,072.40

Submitted by: Dan Marquez February 16, 2024 Page 4 of 9 City of Lancaster
615 W. Avenue H
Lancaster, CA 93534

3. SERVICE FREQUENCY & TASKS

Item: HVAC Equipment – see attached equipment list
Maintenance Frequency: Quarterly Service on March, June, September and December:

Frequency:

Tasks Year 1
12 A/C Units Total: Quarterly Service
Fujitsu Split Systems (2): Quarterly Service
Air Filter Replacement (Merv-13): Quarterly
Belt Replacement Annual
Condenser Coil Cleaning Annual

PREVENTATIVE MAINTENANCE SERVICE TASKS

A/C EQUIPMENT QUARTERLY SERVICE:

CHECK OVERALL CONDITION OF EQUIPMENT

CHECK CONTROL PANEL FOR ALARMS

REVIEW AND EVALUATE LOG READINGS

CHECK SAFETY CONTROLS

CHECK ELECTRICAL COMPONENTS

CHECK AND TIGHTEN ELECTRICAL CONNECTIONS

BLOW OUT ELECTRICAL COMPARTMENT

CHECK CONTACTORS

CHECK COMPRESSOR OPERATION

CHECK OPERATION OF CRANK CASE HEATERS

CHECK REFRIGERANT PRESSURES

CHECK CONDENSER FAN MOTOR OPERATION

CHECK MOTOR AMP DRAW

VISUALLY INSPECT UNIT FOR REFRIGERANT LEAKS

CHECK CONDENSER COIL FOR DEBRIS

WASH CONDENSER COILS (ONCE PER YEAR)
CHANGE AIR FILTERS EVERY QUARTER (MERV-13)
NOTE: OLD AIR FILTERS WILL BE DISPOSED OF IN CUSTOMER’S TRASH BIN

CHECK INDOOR BLOWER OPERATION

CHECK BELT TENSION AND TIGHTEN IF NEEDED

REPLACE BELTS ONCE PER YEAR

CHECK SHEAVES

CHECK AND GREASE BEARINGS

CHECK EVAPORATOR COIL FOR DEBRIS

CHECK OPERATION OF THERMOSTATIC EXPANSION VALVE

CHECK OPERATION OF ECONMIZER (DURING COOLER CLIMATE)

WASH OUTSIDE AIR FILTERS (ONCE PER YEAR)

CHECK DRAIN PAN AND DRAIN LINE (CLEAN AND BLOW OUT IF NEEDED)

Submitted by: Dan Marquez February 16, 2024 Page 5 of 9 City of Lancaster
615 W. Avenue H
Lancaster, CA 93534

4. EQUIPMENT LIST
Public Works Yard - HVAC Equipment
Modular Building A/C Units
Make Model Qty Type of Equipment Inspections per year
Goodman GPG136000903A 9 Roof Top A/C unit 4
Fujitsu SS A0U36CLX 1 HP - Split System 4
Fleet Building A/C Units
Carrier 48XPN024040311 1 Ground Level A/C Unit 4
AT Building A/C Units
York DH090N10N4AA 1 Roof Top A/C unit 4
Lennox GCS10X-513-75 1 Roof Top A/C unit 4
Fujitsu A0U18RLFC 1 HP – Split System 4

5. EXCLUSIONS

The following items are excluded from this PM contract:
▪ Emergency service calls, labor to diagnose trouble calls, A/C repairs ▪ Any work below the roof line (thermostats, air ducts, registers) ▪ Evaporator Coil Cleaning
▪ Swamp Cooler, Reznor Heater, Exhaust Fan Service
▪ Air Balancing
▪ Overtime Labor
▪ Refrigerant
▪ Any items not specifically listed in this Maintenance Proposal

6. GENERAL PROVISIONS

EMERGENCY RESPONSE
CARRIER will respond on site to CUSTOMER'S request for unscheduled service within 8 hours after customer notifies the CARRIER Service Representative located at:

2478 Peck Road,
City of Industry, CA 90601
(800) 942-1844 - Dispatch Line

HOURLY RATES for EMERGENCY RESPONSE
Regular Hours: Monday through Friday……………..…………………………………………………………….$205.00/hr Weekday After-hours: Saturday and Sunday…………………………………………………………….............$307.50/hr Holidays…………………………………………………………………………………………………...................$410.00/hr Truck Charge (1) per call:……………………………………………………………………………........................$175/call

Submitted by: Dan Marquez February 16, 2024 Page 6 of 9 City of Lancaster
615 W. Avenue H
Lancaster, CA 93534

7. CLARIFICATIONS

ROUTINE OPERATING INSPECTION(S):

Each Routine Operating Inspection is to consist of the task-actions listed herein for each equipment type and to be performed at the frequency listed on the HVAC equipment list.

Note: Upon completion of each visit, Carrier will provide owner a list of recommended corrective measures of any required repairs, irregularities, or additional maintenance for owner’s review – if required.

FILTER CHANGES:

Filters will be replaced at the intervals indicated on the SERVICE AGREEMENT for each applicable equipment). In the event the filter material or cleaning requires different frequencies than indicated (due to experience or changes in operating conditions), recommendations will be made for CUSTOMER’S approval to adjust the frequencies and any associated price.

ANNUAL AIR COOLED CONDENSER COIL CLEANING:

The coils indicated on the SERVICE AGREEMENT herein are to be cleaned at the interval(s) indicated. Coil cleaning consists of cleaning the coil air side surface to remove any airborne particles and dirt build -up using either brush cleaning or chemicals with low pressure wash.

REFRIGERANT LEAK REPAIR LABOR:

Refrigerant leak repair material and labor is excluded from the AGREEMENT and will be a billable extra if required.

Leak repairs consist of tightening bolts and flange fittings, replacing gaskets, replacing o -rings and if necessary welding, soldering or brazing to stop leaks of components or any refrigerant piping on or between two or more pieces of equipment.

EMERGENCY CALLS (Unscheduled Service):

Emergency Calls shall be provided (at documented rates above) when necessary to diagnose problems and perform repairs between scheduled inspections. Unless otherwise indicated herein, Emergency Calls are to be available 365 days per year, 24 hours per day.

Submitted by: Dan Marquez February 16, 2024 Page 7 of 9 City of Lancaster
615 W. Avenue H
Lancaster, CA 93534

ENVIRONMENTAL, HEALTH AND SAFETY ("EH&S")
CARRIER is committed to conducting its operations in compliance with all environmental regulations and to providing a safe and healthful workplace for all of its employees. Our environmental, health and safety goals include preventing incidents that harm the environment, accidental injury to our employees and visitors, and/or exposure to harmful chemical or physical agents. Our goals also include the elimination of accidents that cause property loss, environmental damage, or result in the interruption to our business. To achieve these goals, environmental and safety rules and procedures will be enforced equally with production, quality, cost and ethical standards. Our objective is to provide quality products and services while actively conserving our human and natural resources. CARRIER firmly believes that all accidents and undesirable environmental incidents are preventable. Furthermore, every job can, and will, be done safely and in an environmentally-sound manner. Realization of these goals and objectives will demand maximum effort from every employee.

Carrier’s EH&S GOALS:
➢ Create and maintain “Safety Awareness”. Safety is everyone’s responsibility, therefore make safety an integral part of every service job.
➢ Strive to maintain a hazard-free work environment by requiring everyone to provide special attention to the equipment, processes and procedures utilized in the performance of our work. ➢ Provide for the safeguarding of our employees while improving the effectiveness of our quali ty assurance and customer satisfaction programs.
➢ Ensure compliance with applicable standards, regulations and codes established by local, state and federal agencies (re: OSHA).
➢ Utilize safety and health training, positive reinforcement techniques, identification, evaluation and correction of hazards and unsafe work procedures and performance to achieve regulatory compliance.
➢ Significant reduction in lost-time injuries, reportable accidents with the long range goal of no lost-time injuries and no recordable accidents.
➢ Active participation by all CARRIER employees in applicable aspects of the safety program. ➢ Provide CARRIER service operations with effective training based on both OSHA and CARRIER Safety Standards in the recognition, evaluation and control of hazards and dangerous work procedures and performances.
➢ Establish safety kits to provide proper personal protective equipment for the assigned tasks. ➢ Establishment of procedures for natural disasters, fire and emergency situations, including safe locations, exit routes, methods for accounting for employees in natural disasters. ➢ Achieve and ensure the implementation of the safety program with the performance of safety, health and record-keeping audits by representatives of Carrier’s Safety Committee, and if n ecessary, enforcement through an accepted, written, adequately communicated disciplinary program. ➢ Baseline' plot of equipment under current standard conditions

Submitted by: Dan Marquez February 16, 2024 Page 8 of 9 City of Lancaster
615 W. Avenue H
Lancaster, CA 93534

CARRIER CORPORATION
TERMS AND CONDITIONS OF SALE – EQUIPMENT AND/OR SERVICE

1. PAYMENT AND TAXES - Payment shall be made net 30 days from date of invoice. Carrier reserves the right to require cash payment or other alternative method of payment prior to shipment or completion of work if Carrier determines, in its sole discretion, that Customer or Customer's assignee’s financial condition at any time does not justify continuance of the net 30 days payment term. In addition to the price, the Customer shall also pay Carrier any taxes or government charges arising from this Agreement.

2. EXTRAS- Equipment, parts or labor in addition to those specified in this Agreement will be provided upon receipt of Customer’s writte n authorization and paid for as an extra and subject to the terms of this Agreement.

3. RETURNS- No items will be accepted for return without prior written authorization. Returned goods may be subject to a restocking charge. Special order and non-stock items cannot be returned.

4. SHIPMENT- All shipments shall be F.O.B. shipping point, freight prepaid and allowed to the jo b site. Shipment dates quoted are approximate.

Carrier does not guarantee a particular date for shipment or delivery.

5. PARTIAL SHIPMENT- Carrier shall have the right to ship any portion of the equipment included in this Agreement and invoice Customer f or such partial shipment.

6. DELAYS– In the event Carrier is delayed in manufacturing, shipping or delivery by causes beyond the control and without the fault or negligence of Carrier, including but not restricted to acts of God, acts of a public enemy, a cts of government, acts of terrorism, fires, floods, epidemics, quarantine restrictions, freight embargoes, supplier delays, strikes, or labor difficulties, Carrier agrees to notify Customer in writing as soon as practicable of the causes of such delay a nd Carrier shall further be entitled to an extension of the time equivalent to the duration of any such delay and a reasonabl e time in which to recover from said delay to resume production.

7. WARRANTY- Carrier warrants that all equipment manufactured by C arrier Corporation and all Carrier equipment, parts or components supplied hereunder will be free from defects in material and workmanship. Carrier shall at its option repair or replace, F.O.B. point of sale, any equipment, part or component sold by Carrier and determined to be defective within one (1) year from the date of initial operation or eighteen (18) months from date of shipment, whichever is earlier. Carrier does not warrant products not manufactured by Carrier Corporation, but it does pass on to Customer any available manufacturer’s warranty for those products. Carrier warrants that all service provided by Carrier hereunder shall b e performed in a workmanlike manner. In the event any such service is determined to be defective within ninety (90) days of completion of that service, Carrier shall at its option re-perform or issue a credit for such service, Carrier’s obligation to repair or replace any defective equipment, parts or com ponents during the warranty period shall be Customer’s exclusive remedy. Carrier shall not be responsible for labor charges for removal or reinstallation of defective equipment, parts or components, for charges for transportation, handling and shipping or refrigerant loss, or for repairs or replacement of such equipment, parts or components, required as a consequence of faulty installation, misapplication, vandalism, abuse, exposure to chemicals, improper servicing, unauthorized alteration or improper operation by persons other than Carrier. THIS WARRANTY IS GIVEN IN L IEU OF ALL OTHER

WARRANTIES, EXPRESS, IMPLIED OR STATUTORY INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

8. WORKING HOURS – All services performed under this Agreement including major repairs, are to be provided d uring Carrier’s normal working hours unless otherwise agreed.

9. ADDITIONAL SERVICE- Services or parts requested by Customer in addition to those specified in this Agreement will be provided upon receipt of Customer’s written authorization and invoiced at Carrier’s prevailing labor rates and parts charges. Additional services or parts shall be supplied under the terms of this Agreement.

10. CUSTOMER RESPONSIBILITIES (Service Contracts only) – Customer shall:
• Provide safe and reasonable equipment access and a safe work environment. • Permit access to Customer’s site, and use of building services including but not limited to: water, elevators, receiving dock facilities, electrical service and local telephone service.
• Keep areas adjacent to equipment free of ext raneous material, move any stock, fixtures, walls or partitions that may be necessary to perform the specified service.
• Promptly notify Carrier of any unusual operating conditions. • Upon agreement of a timely mutual schedule, allow Carrier to stop and start equipment necessary to perform service. • Provide adequate water treatment.
• Provide the daily routine equipment operation (if not part of this Agreement) including availability of routine equipment log readings. • Where Carrier’s remote monitoring service is provided, provide and maintain a telephone line with long distance direct dial and answer capability.
• Operate the equipment properly and in accordance with instructions. • Promptly address any issues that arise related to mold, fungi, mildew or bacteria. • Identify and label any asbestos containing material that may be present. The customer will provide, in writing, prior to the s tart of a job, a signed statement regarding the absence or presence of asbestos for any job where the building or the equipment to be serviced is older than 1981. Should this document state that no asbestos is present, the customer will also provide in writing the method used to determine the absence of asbestos.

11. EXCLUSIONS – Carrier is not responsible for items not normally subject to mechanical maintenance including but not limited to: duct work, casings, cabinets, fixtures, structural supports, grillage, water piping, steam piping, drain piping, cooling tower fill, boi ler tu bes, boiler refractory, disconnect switches and circuit breakers. Carrier is not responsible for repairs, replacements, alterations, additions, adjus tments, repairs by others, unscheduled calls or emergency calls, any of which may be necessitated by neglig ent operation, abuse, misuse, prior improper maintenance, vandalism, obsolescence, building system design, damage due to freezing weather, chemical/electrochemical attack, corrosion, erosion, deterioration due to unusual wear and tear, any damage related to the presence of mold, fungi, mildew, or bacteria, damage caused by power reductions or failures or any other cause beyond Carrier’s control. Carrier shall not be required to perform tests, install any items of equipment o r make modifications that may be recommended or directed by insurance companies, government, state,

Submitted by: Dan Marquez February 16, 2024 Page 9 of 9 City of Lancaster
615 W. Avenue H
Lancaster, CA 93534

municipal or other authority. However, in the event any such recommendations occur, Carrier, at its option, may submit a pro posal for Customer’s consideration in addition to this Agreement. Carrier shall not be required to repair or replace equipment that has not been properly maintained.

12. EQUIPMENT CONDITION & RECOMMENDED SERVICE (Service Contracts only) – Upon the initial scheduled operating and/or initial annual stop inspection, should Carrier determine the need for repairs or replacement, Carrier will provide Customer in writing an ‘equipment condition’ report including recommendations for corrections and the price for repairs in addition to this Agreement. In the event Carrier re commends certain services (that are not included herein or upon initial inspection) and if Customer does not elect to have such services prope rly performed in a timely fashion, Carrier shall not be responsible for any equipment or control failures, operabi lity or any long -term damage that may result. Carrier at its option will either continue to maintain equipment and/or controls to the best of its ability, without any responsibility, or remove such equipment from this Agreement, adjusting the price accordingly.

13. PROPRIETARY RIGHTS (Service Contracts only) - During the term of this Agreement and in combination with certain services, Carrier may elect to install, attach to Customer equipment, or provide portable devices (hardware and/or software) that shal l remain the personal proprietary property of Carrier. No devices installed, attached to real property or portable device(s) shall become a fixture of the Cus tomer locations. Customer shall not acquire any interest, title or equity in any hardware, softw are, processes, and other intellectual or proprietary rights to devices that are used in connection with providing service on Customer equipment.

14. LIMITATION OF LIABILITY- Under no circumstances shall Carrier be liable for any incidental, special or consequential damages, including loss of revenue, loss of use of equipment or facilities, or economic damages based on strict liability or negligence. Carrier shall b e liable for damage to property, other than equipment provided under this Agreement, and to p ersons, to the extent that Carrier’s negligent acts or omissions directly contributed to such injury or property damage. Carrier’s maximum liability for any reason (except for personal injuries) shall consist of the refunding of all moneys paid by Customer to Carrier under this Agreement.

15. CANCELLATION- Customer may cancel this Agreement only with Carrier’s prior written consent, and upon payment of reasonable cancellation charges. Such charges shall take into account costs and expenses incurred, and pu rchases or contract commitments made by Carrier and all other losses due to the cancellation including a reasonable profit.

16. CUSTOMER TERMINATION FOR CARRIER NON -PERFORMANCE – Customer shall have the right to terminate this Agreement for Carrier’s non-performance provided Carrier fails to cure such non -performance within 30 days after having been given prior written notice of the non - performance. Upon early termination or expiration of this Agreement, Carrier shall have free access to enter Customer loc ations to disconnect and remove any Carrier personal proprietary property or devices as well as remove any and all Carrier -owned parts, tools and personal property.

Additionally, Customer agrees to pay Carrier for all incurred but unamortized service cost s performed by Carrier including overheads and a reasonable profit.

17. CARRIER TERMINATION – Carrier reserves the right to discontinue its service any time payments have not been made as agreed or if alterations, additions or repairs are made to equipment during the term of this Agreement by others without prior agreement between Customer and Carrier.

18. CLAIMS - Any suits arising from the performance or nonperformance of this Agreement, whether based upon contract, negligence, and stri ct liability or otherwise, shall be brought within one (1) year from the date the claim arose.

19. GOVERNMENT PROCUREMENTS- The components, equipment and services provided by Carrier are “commercial items” as defined in Section

2.101 of the Federal Acquisition Regulations ("FAR"), and the prices of such components, equipment and services are based on Carrier's commercial pricing policies and practices (which do not consider any special requirements of U.S. Government cost principles, FAR Part 3 1, or any similar procurement regulations). As such, Carrier will not agree to provide or certify cost or pricing data, nor will Carrier agree to comply with the Cost Accounting Standards (CAS). In addition, no f ederal government procurement regulations, such as FARs or DFARs, shall apply to this Agreement except those regulations expressly accepted in writing by Carrier.

20. HAZARDOUS MATERIALS- Carrier is not responsible for the identification, detection, abatement, encapsulating or removal of asbestos, products or materials containing asbestos, similar hazardous substances, or mold, fungi, mildew, or bacteria. If Carrier encounters any asbestos or other hazardous material while performing this Agreement, Carrier may suspend its work and remove its employees from the project, until such material and any hazards associated with it are abated. The time for Carrier’s performance shall be extended accordingly, and Carrier sha ll be compensated for the delay.

21. WASTE DISPOSAL - Customer is wholly responsible for the removal and proper dispo sal of waste oil, refrigerant and any other material generated during the term of this Agreement.

22. SUPERSEDURE, ASSIGNMENT and MODIFICATION - This Agreement contains the complete and exclusive statement of the agreement between the parties and supersedes all previous or contemporaneous, oral or written, statements. Customer may assign this Agreement only with Carrier’s prior written consent. No modification to this Agreement shall be binding unless in writing and signed by both parties.

23. CUSTOMER CONSENT - Customer consents and agrees that Carrier may, from time to time, publicize Carrier related projects with Customer, including the value of such projects, in all forms and media for advertising, trade, and any other lawful purposes.

24. FOR WORK BEING PERFORMEND IN CALIFORNIA: Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.

Equipment and/ or Service
CCS-TCES 040811

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