Calgon Carbon Corporation
Drinking Water Solutions
310-740-7782
[email protected]
City Council Staff Report
DATE: September 7, 2022
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Anthony Antich, Interim Director of Public Works
SUBJECT: Termination of Agreement 2223-A with Gentry Brothers, Inc.
RECOMMENDATION:
It is recommended that the City Council consider:
1. Terminating Agreement No. 2223-A with Gentry Brothers, Inc.;
2. Authorizing the City Manager to reimburse the contractor for actual costs associated with executing the contract; and
3. Taking such additional, related, action that may be desirable.
EXECUTIVE SUMMARY:
On March 3, 2021, the City Council awarded a contract to Gentry Brothers, Inc. in the amount of $885,503 for t he North Atlantic Water Improvements, Capital Improvement Project #96001 (Specifications No. 2021-001). The project was delayed and was never started for various reasons. At this time, it is recommended that the City Council terminate the contract for convenience and authorize the City manager to reimburse the contractor for actual project related costs.
BACKGROUND:
On March 3, 2021, the City Council approved an award of contract to Gentry Brothers in the amount of $885,503 for the N. Atlantic Water Improvements, Specifications No. 2021- 001. The sewer project on N. Atlantic was supposed to proceed before the water project at the same location. During the construction of the sewer project, a conflict with an existing Metropolitan Water District feeder line was discovered. The City worked with MWD to develop a solution. This resulted in delaying the sewer project until a solution for the potable water project was identified. It took approximately a year to identify a solution and for plans regarding the water project to be approved by MWD. As a result, the water project was delayed and did not start.
Due to current inflation, increase in material cost and the changes triggered by the MWD requirements, the cost of the project has significantly increased since the time that the contract was originally awarded. Therefore, the project requires an increase in budget to move forward. However, due to limited budget and the City’s current priorities for other water projects, it is recommended that improvements to N. Atlantic Water Main be delayed and that this project be re-budgeted in the future as deemed appropriate.
Due to termination for convenience, the contractor is expected to be reimbursed for costs associated with bid preparation, bond costs and any additional actual costs that the Consent Calendar - 3F
Staff Report
September 7, 2022
contractor may reasonably seek based upon evidence satisfactory to the City Manager.
The City never issued a notice to proceed; the contractor did not mobilize; and no construction related costs were incurred.
FISCAL IMPACT:
All funds allocated to the project except for cost reimbursement to the contractor will be rolled back into the water fund.
Respectfully submitted by: Reviewed by:
Anthony Antich
Interim Director of Public Works
Martha Garcia
Director of Management Services
Approved by: Reviewed by:
Ron Bow
City Manager
Karl H. Berger
City Attorney
ATTACHMENTS:
N/A
City Council Staff Report
DATE: September 7, 2022
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Anthony Antich, Interim Director of Public Works
SUBJECT: HVAC Improvements at Various Facilities – Reject All Submitted Bids RECOMMENDATION:
It is recommended that the City Council consider:
1. Rejecting all submitted bids submitted for Capital Improvement Project No. 96029 HVAC Improvements at Various Facilities;
2. Taking such additional, related action that may be desirable.
EXECUTIVE SUMMARY
On May 4, 2022, the City Council adopted Resolution No. 2022-R32 approving the design and plans for projects included in the Capital Improvement Plan, including Project No. 96029 HVAC Improvements at Various Facilities Project, and authorizing the solicitation of bids for the HVAC Improvements at Various Facilities Project . The public bid opening for this project was held on August 30, 2022. The City received two bids from F.M.
Thomas Air Conditioning, Inc. and Carrier Corporation. Staff recommends rejection of all bids due to the cost proposals exceeding the City’s budget for this project.
BACKGROUND
The City’s Public Works Department conducted an assessment of the City’s HVAC system and determined that at least 18 HVAC units throughout the City are non- operational or have reached their useful service life and are in need of replacement. The City solicited bids for HVAC improvements at various City facilities.
The public works bid was opened on August 30th, 2022, and included the following bids:
RANK BIDDER BASE BID
AMOUNT
1 F.M. Thomas Air Conditioning,
Inc. $392,685
2 Carrier Enterprises NOT PROVIDED
The only responsive bid submitted by F.M. Thomas Air Conditioning, Inc. exceeds the project’s budget. Therefore, staff recommends that the City Council reject all submitted bids.
Consent Calendar - 3G
Staff Report
September 7, 2022
FISCAL IMPACT
There is no fiscal impact associated with rejecting all bids.
Respectfully submitted and prepared by:
Anthony Antich
Interim Director of Public Works
Approved by: Reviewed by:
Ron Bow
City Manager
Karl H. Berger
City Attorney
ATTACHMENT
1. F.M. Thomas Air Conditioning, Inc Bid
2. Carrier Corporation Bid
Staff Report
September 7, 2022
ATTACHMENT 1
F.M. Thomas Air Conditioning, Inc Bid
8/29/22, 5:16 PM https://cadir.secure.force.com/ContractorSearch/PrintRegDetails https://cadir.secure.force.com/ContractorSearch/PrintRegDetails 1/12 Contractor Information
Legal Entity Name
FM THOMAS AIR CONDITIONING INC
Legal Entity Type
Corporation
Status
Expired
Registration Number
1000003383
Registration effective date
6/25/2018
Registration expiration date
6/30/2019
Mailing Address
231 GEMINI AVE BREA 92821 CA United States …
Physical Address
231 GEMINI AVE BREA 92821 CA United States …
Email Address
Trade Name/DBA
FM THOMAS AIR CONDITIONING INC
License Number(s)
CSLB:313574
Registration History
Legal Entity Information
Corporation Number:
C0755790
Federal Employment Identification Number:
President Name:
THOMAS FEYKA
Vice President Name:
MICHAEL FEYKA
Treasurer Name:
CAROLYN FEYKA
Secretary Name:
CAROLYN FEYKA
CEO Name:
THOMAS FEYKA
Agent of Service Name:
THOMAS OR CAROLYN FEYKA
Agent of Service Mailing Address:
231 GEMINI AVE BREA 92821 CA United States of America
Workers Compensation
Effective Date Expiration Date
6/25/2018 6/30/2019
6/23/2017 6/30/2018
6/24/2016 6/30/2017
6/9/2015 6/30/2016
12/26/2014 6/30/2015
7/1/2019 6/30/2020
7/1/2020 6/30/2022
7/1/2022 6/30/2024
8/29/22, 5:16 PM https://cadir.secure.force.com/ContractorSearch/PrintRegDetails https://cadir.secure.force.com/ContractorSearch/PrintRegDetails 2/12 Contractor Information
Legal Entity Name
FM THOMAS AIR CONDITIONING INC
Legal Entity Type
Corporation
Status
Expired
Registration Number
1000003383
Registration effective date
6/23/2017
Registration expiration date
6/30/2018
Mailing Address
231 GEMINI AVE BREA 92821 CA United States …
Physical Address
231 GEMINI AVE BREA 92821 CA United States …
Email Address
Trade Name/DBA
FM THOMAS AIR CONDITIONING INC
License Number(s)
CSLB:313574
Registration History
Do you lease employees
through Professional
Employer Organization
(PEO)?:
Please provide your
current workers
compensation insurance
information below:
PEO Information
PEO
Name
PEO
Phone
PEO
Email
Insured by Carrier
Policy Holder Name:FM THOMAS AIR CONDITIONING INCInsurance Carrier:
CYPRESS INSURANCE COMPANYPolicy Number:FMWC908584Inception date:1/1/2018 Expiration Date:1/1/2019
Effective Date Expiration Date
6/25/2018 6/30/2019
6/23/2017 6/30/2018
6/24/2016 6/30/2017
6/9/2015 6/30/2016
12/26/2014 6/30/2015
7/1/2019 6/30/2020
7/1/2020 6/30/2022
7/1/2022 6/30/2024
8/29/22, 5:16 PM https://cadir.secure.force.com/ContractorSearch/PrintRegDetails https://cadir.secure.force.com/ContractorSearch/PrintRegDetails 3/12 Legal Entity Information
Corporation Number:
C0755790
Federal Employment Identification Number:
President Name:
THOMAS FEYKA
Vice President Name:
MICHAEL FEYKA
Treasurer Name:
CAROLYN FEYKA
Secretary Name:
CAROLYN FEYKA
CEO Name:
THOMAS FEYKA
Agent of Service Name:
THOMAS OR CAROLYN FEYKA
Agent of Service Mailing Address:
231 GEMINI AVE BREA 92821 CA United States of America
Workers Compensation
Do you lease employees
through Professional
Employer Organization
(PEO)?:
Please provide your
current workers
compensation insurance
information below:
PEO Information
PEO
Name
PEO
Phone
PEO
Email
Insured by Carrier
Policy Holder Name:FM THOMAS AIR CONDITIONING INCInsurance Carrier:
CYPRESS INSURANCE COMPANYPolicy Number:FMWC908584Inception date:1/1/2018 Expiration Date:1/1/2019
8/29/22, 5:16 PM https://cadir.secure.force.com/ContractorSearch/PrintRegDetails https://cadir.secure.force.com/ContractorSearch/PrintRegDetails 4/12 Contractor Information
Legal Entity Name
FM THOMAS AIR CONDITIONING INC
Legal Entity Type
Corporation
Status
Expired
Registration Number
1000003383
Registration effective date
6/24/2016
Registration expiration date
6/30/2017
Mailing Address
231 GEMINI AVE BREA 92821 CA United States …
Physical Address
231 GEMINI AVE BREA 92821 CA United States …
Email Address
Trade Name/DBA
FM THOMAS AIR CONDITIONING INC
License Number(s)
CSLB:313574
Registration History
Legal Entity Information
Corporation Number:
C0755790
Federal Employment Identification Number:
President Name:
THOMAS FEYKA
Vice President Name:
MICHAEL FEYKA
Treasurer Name:
CAROLYN FEYKA
Secretary Name:
CAROLYN FEYKA
CEO Name:
THOMAS FEYKA
Agent of Service Name:
THOMAS OR CAROLYN FEYKA
Agent of Service Mailing Address:
231 GEMINI AVE BREA 92821 CA United States of America
Workers Compensation
Effective Date Expiration Date
6/25/2018 6/30/2019
6/23/2017 6/30/2018
6/24/2016 6/30/2017
6/9/2015 6/30/2016
12/26/2014 6/30/2015
7/1/2019 6/30/2020
7/1/2020 6/30/2022
7/1/2022 6/30/2024
Do you lease employees
8/29/22, 5:16 PM https://cadir.secure.force.com/ContractorSearch/PrintRegDetails https://cadir.secure.force.com/ContractorSearch/PrintRegDetails 5/12 Contractor Information
Legal Entity Name
FM THOMAS AIR CONDITIONING INC
Legal Entity Type
Corporation
Status
Expired
Registration Number
1000003383
Registration effective date
6/9/2015
Registration expiration date
6/30/2016
Mailing Address
231 GEMINI AVE BREA 92821 CA United States …
Physical Address
231 GEMINI AVE BREA 92821 CA United States …
Email Address
Trade Name/DBA
FM THOMAS AIR CONDITIONING INC
License Number(s)
CSLB:313574
Registration History
through Professional
Employer Organization
(PEO)?:
Please provide your
current workers
compensation insurance
information below:
PEO Information
PEO
Name
PEO
Phone
PEO
Email
Insured by Carrier
Policy Holder Name:FM THOMAS AIR CONDITIONING INCInsurance Carrier:
CYPRESS INSURANCE COMPANYPolicy Number:FMWC908584Inception date:1/1/2018 Expiration Date:1/1/2019
Effective Date Expiration Date
6/25/2018 6/30/2019
6/23/2017 6/30/2018
6/24/2016 6/30/2017
6/9/2015 6/30/2016
12/26/2014 6/30/2015
7/1/2019 6/30/2020
7/1/2020 6/30/2022
7/1/2022 6/30/2024
8/29/22, 5:16 PM https://cadir.secure.force.com/ContractorSearch/PrintRegDetails https://cadir.secure.force.com/ContractorSearch/PrintRegDetails 6/12 Legal Entity Information
Corporation Number:
C0755790
Federal Employment Identification Number:
President Name:
THOMAS FEYKA
Vice President Name:
MICHAEL FEYKA
Treasurer Name:
CAROLYN FEYKA
Secretary Name:
CAROLYN FEYKA
CEO Name:
THOMAS FEYKA
Agent of Service Name:
THOMAS OR CAROLYN FEYKA
Agent of Service Mailing Address:
231 GEMINI AVE BREA 92821 CA United States of America
Workers Compensation
Do you lease employees
through Professional
Employer Organization
(PEO)?:
Please provide your
current workers
compensation insurance
information below:
PEO Information
PEO
Name
PEO
Phone
PEO
Email
Insured by Carrier
Policy Holder Name:FM THOMAS AIR CONDITIONING INCInsurance Carrier:
CYPRESS INSURANCE COMPANYPolicy Number:FMWC908584Inception date:1/1/2018 Expiration Date:1/1/2019
8/29/22, 5:16 PM https://cadir.secure.force.com/ContractorSearch/PrintRegDetails https://cadir.secure.force.com/ContractorSearch/PrintRegDetails 7/12 Contractor Information
Legal Entity Name
FM THOMAS AIR CONDITIONING INC
Legal Entity Type
Corporation
Status
Expired
Registration Number
1000003383
Registration effective date
12/26/2014
Registration expiration date
6/30/2015
Mailing Address
231 GEMINI AVE BREA 92821 CA United States …
Physical Address
231 GEMINI AVE BREA 92821 CA United States …
Email Address
Trade Name/DBA
FM THOMAS AIR CONDITIONING INC
License Number(s)
CSLB:313574
Registration History
Legal Entity Information
Agent of Service Name:
THOMAS OR CAROLYN FEYKA
Agent of Service Mailing Address:
231 GEMINI AVE BREA 92821 CA United States of America
Corporation Number:
C0755790
Federal Employment Identification Number:
President Name:
THOMAS FEYKA
Vice President Name:
MICHAEL FEYKA
Treasurer Name:
CAROLYN FEYKA
Secretary Name:
CAROLYN FEYKA
CEO Name:
THOMAS FEYKA
Workers Compensation
Effective Date Expiration Date
6/25/2018 6/30/2019
6/23/2017 6/30/2018
6/24/2016 6/30/2017
6/9/2015 6/30/2016
12/26/2014 6/30/2015
7/1/2019 6/30/2020
7/1/2020 6/30/2022
7/1/2022 6/30/2024
Do you lease employees
8/29/22, 5:16 PM https://cadir.secure.force.com/ContractorSearch/PrintRegDetails https://cadir.secure.force.com/ContractorSearch/PrintRegDetails 8/12 Contractor Information
Legal Entity Name
FM THOMAS AIR CONDITIONING INC
Legal Entity Type
Corporation
Status
Expired
Registration Number
1000003383
Registration effective date
7/1/2019
Registration expiration date
6/30/2020
Mailing Address
231 GEMINI AVE BREA 92821 CA United States …
Physical Address
231 GEMINI AVE BREA 92821 CA United States …
Email Address
Trade Name/DBA
FM THOMAS AIR CONDITIONING INC
License Number(s)
CSLB:313574
Registration History
through Professional
Employer Organization
(PEO)?:
Please provide your
current workers
compensation insurance
information below:
PEO Information
PEO
Name
PEO
Phone
PEO
Email
Insured by Carrier
Policy Holder Name:FM THOMAS AIR CONDITIONING INCInsurance Carrier:
CYPRESS INSURANCE COMPANYPolicy Number:FMWC908584Inception date:1/1/2018 Expiration Date:1/1/2019
Effective Date Expiration Date
6/25/2018 6/30/2019
6/23/2017 6/30/2018
6/24/2016 6/30/2017
6/9/2015 6/30/2016
12/26/2014 6/30/2015
7/1/2019 6/30/2020
7/1/2020 6/30/2022
7/1/2022 6/30/2024
8/29/22, 5:16 PM https://cadir.secure.force.com/ContractorSearch/PrintRegDetails https://cadir.secure.force.com/ContractorSearch/PrintRegDetails 9/12 Legal Entity Information
Agent of Service Name:
THOMAS OR CAROLYN FEYKA
Agent of Service Mailing Address:
231 GEMINI AVE BREA 92821 CA United States of America
Corporation Number:
C0755790
Federal Employment Identification Number:
President Name:
THOMAS FEYKA
Vice President Name:
MICHAEL FEYKA
Treasurer Name:
CAROLYN FEYKA
Secretary Name:
CAROLYN FEYKA
CEO Name:
THOMAS FEYKA
Workers Compensation
Do you lease employees
through Professional
Employer Organization
(PEO)?:
No
Please provide your
current workers
compensation insurance
information below:
PEO Information
PEO
Name
PEO
Phone
PEO
Email
Insured by Carrier
Policy Holder Name:FM THOMAS AIR CONDITIONING INCInsurance Carrier:ICW Policy Number:WSD505258300Inception date:1/1/2020Expiration Date:1/1/2021
8/29/22, 5:16 PM https://cadir.secure.force.com/ContractorSearch/PrintRegDetails https://cadir.secure.force.com/ContractorSearch/PrintRegDetails 10/12 Contractor Information
Legal Entity Name
FM THOMAS AIR CONDITIONING INC
Legal Entity Type
Corporation
Status
Expired
Registration Number
1000003383
Registration effective date
7/1/2020
Registration expiration date
6/30/2022
Mailing Address
231 GEMINI AVE BREA 92821 CA United States …
Physical Address
231 GEMINI AVE BREA 92821 CA United States …
Email Address
Trade Name/DBA
FM THOMAS AIR CONDITIONING INC
License Number(s)
CSLB:313574
CSLB:313574
Registration History
Legal Entity Information
Corporation Number:
C0755790
Federal Employment Identification Number:
President Name:
THOMAS FEYKA
Vice President Name:
MICHAEL FEYKA
Treasurer Name:
CAROLYN FEYKA
Secretary Name:
CAROLYN FEYKA
CEO Name:
THOMAS FEYKA
Agent of Service Name:
THOMAS OR CAROLYN FEYKA
Agent of Service Mailing Address:
231 GEMINI AVE BREA 92821 CA United States of America
Workers Compensation
Effective Date Expiration Date
6/25/2018 6/30/2019
6/23/2017 6/30/2018
6/24/2016 6/30/2017
6/9/2015 6/30/2016
12/26/2014 6/30/2015
7/1/2019 6/30/2020
7/1/2020 6/30/2022
7/1/2022 6/30/2024
8/29/22, 5:16 PM https://cadir.secure.force.com/ContractorSearch/PrintRegDetails https://cadir.secure.force.com/ContractorSearch/PrintRegDetails 11/12 Contractor Information
Legal Entity Name
FM THOMAS AIR CONDITIONING INC
Legal Entity Type
Corporation
Status
Active
Registration Number
1000003383
Registration effective date
7/1/2022
Registration expiration date
6/30/2024
Mailing Address
231 GEMINI AVE BREA 92821 CA United States …
Physical Address
231 GEMINI AVE BREA 92821 CA United States …
Email Address
Trade Name/DBA
FM THOMAS AIR CONDITIONING INC
License Number(s)
CSLB:313574
CSLB:313574
Registration History
Do you lease employees
through Professional
Employer Organization
(PEO)?:
No
Please provide your
current workers
compensation insurance
information below:
PEO Information
PEO
Name
PEO
Phone
PEO
Email
Insured by Carrier
Policy Holder Name:FM THOMAS AIR CONDITIONING INCInsurance Carrier:ICW Policy Number:WSD505258300Inception date:1/1/2020Expiration Date:1/1/2021 Effective Date Expiration Date
6/25/2018 6/30/2019
6/23/2017 6/30/2018
6/24/2016 6/30/2017
6/9/2015 6/30/2016
12/26/2014 6/30/2015
7/1/2019 6/30/2020
7/1/2020 6/30/2022
7/1/2022 6/30/2024
8/29/22, 5:16 PM https://cadir.secure.force.com/ContractorSearch/PrintRegDetails https://cadir.secure.force.com/ContractorSearch/PrintRegDetails 12/12 Legal Entity Information
Agent of Service Name:
Thomas Feyka
Agent of Service Mailing Address:
231 Gemini Ave Brea 92821 CA United States of America
Corporation Number:
Federal Employment Identification Number:
President Name:
Thomas Feyka
Vice President Name:
Treasurer Name:
Secretary Name:
Carolyn Feyka
CEO Name:
Workers Compensation
Do you lease employees
through Professional
Employer Organization
(PEO)?:
No
Please provide your
current workers
compensation insurance
information below:
PEO Information
PEO
Name
PEO
Phone
PEO
Email
Insured by Carrier
Policy Holder Name:FM THOMAS AIR CONDITIONING INCInsurance Carrier:ICW Policy Number:WSD505258302Inception date:1/1/2022Expiration Date:1/1/2023
Staff Report
September 7, 2022
ATTACHMENT 2
Carrier Enterprises Bid
Quote #00681276
Address 2478 Peck Road
City of Industry, CA 90601
Phone (818) 652-2365
Fax (860) 998-7888
E-mail [email protected]
Contact Name Ziad Mazboudi
Account City of Monterey Park
Phone (626) 532-2018
Site Address
320 W. Newmark Ave,
Estimate Date
08/29/2022
Monterey Park, CA 91754
Quote Number 00681276
Job Description: Police Department - Replace (2) A/C Units
Scope of Work
Furnish and install the following Air Conditioning Unit(s):
(1) Carrier Ductless Split System – 2.5 Ton
(1) Carrier Water Source Heat Pump – 5 Ton
All units will be reconnected to existing drain, water and refrigerant lines New hose kit will be provided for water line (supply and return) Note: Additional cost will be incurred if isolation valves do not hold Connect new units to existing electrical
Connect new units to existing ductwork
Provide (2) new digital thermostats
Haul away old equipment
Provide start-up and verify operation
Warranty: 90 days labor and 1 year parts
Equipment Lead time: 14 – 16 weeks
Exclusions / Clarifications
Exclusions: Overtime labor, permits, plan check submittal and review, MES engineering, Architecture, air balance, roofing, electrical panel upgrades, fire life safety work, equipment screen modifications, temporary cooling equipment, ADA upgrades, hazardous waste disposal, Any upgrades of cosmetics to the interior or exterior of walls, painting and patching, ductwork, registers, thermostat wire, duct & register cleaning, ceiling tile removal and reinstallation.
Clarifications: The following items are included - Crane services, Payment and Performance bonds, Certified Payroll and Disposal of old units
Payment Terms: 30% upon approval, 30% upon equipment arrival (riggers yard), 30% rough completion and 10% punch walk completion / final
Schedule: All schedules to be approved by City of Monterey Park prior to commencement of any work.
Bonds: To be provided upon award of project.
Total Quoted Price
Total Price for Scope of Work including applicable taxes:
$22,574.00
Quote #00681276
This proposal is valid for 30 days from the date of proposal. Carrier's terms and conditions will govern in lieu of any other terms and conditions contained in any resulting Purchase, Order, Contract, Agreement, etc. Carrier would like to thank you for the continuing opportunity to be of service.
Sincerely,
\oppid2\
Dan Marquez
Carrier Commercial Service
\n2\
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Title
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\po2\
Customer Acceptance (signature)
Purchase Order
Date
This quote is valid for 30 days.
The attached Terms & Conditions shall govern.
Terms and Conditions of Sale – Equipment and/or Service 031521 Carrier Corporation 3
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, Customer shall pay Carrier any taxes or government charges arising from this Agreement. If Customer claims that any such taxes or government charges do not apply to the transactions governed by this Agreement, Customer shall provide Carrier with acceptable tax exemption certificates or other applicable documents. All past due invoices will accrue interest at the lesser of 1% per month or the maximum amount allowable by law.
2. EXTRAS - Equipment, parts or labor in addition to those specified in this Agreement will be provided upon receipt of Customer’s written authorization, paid for as an extra at Carrier’s prevailing labor rates and equipment/parts ch arges, 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 job 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, goods or other materials included in this Agreement and invoice Customer for such partial shipment.
6. DELAYS - Carrier shall not be liable for delays 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, acts of government, acts of ter rorism, fires, floods, epidemics, quarantine restrictions, freight embargoes, supplier delays, strikes, or labor difficulties (collectively “Force Majeure Events”). Carrier agrees to notify Customer in writing as soon as practicable of the causes of such delay. In the event that any materials or equipment to be provided by Carrier under this Agreement become permanently unavailable as a result of a Force Majeure Event, Carrier shall be excused from furnishing such materials or equipment.
7. WARRANTY - Carrier warrants that all equipment manufactured by Carrier 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 s ale, 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 transferrable manufacturer warranties for those products. Carrier warrants that all service provided by Carrier hereunder shall be performed in a workmanlike manner. In the event any such se rvice 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 components dur ing 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 pe rsons other than Carrier. THIS WARRANTY IS GIVEN IN LIEU 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 but not limited to, major repairs, are to be provided during Carrier’s normal working hours unless otherwise agreed.
9. 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 extraneous
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 Carr ier 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 m onitoring 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 start 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.
10. 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, boiler tubes, boiler refractory, disconnec t switches and circuit breakers. Carrier is not responsible for repairs, replacements, alterations, additions, adjustments, repairs by others, unscheduled calls or emergency calls, any of which may be necessitated by negligent operation, abuse, misuse, pri or 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, mi ldew, or bacteria, damage caused by power reductions or
Terms and Conditions of Sale – Equipment and/or Service 031521 Carrier Corporation 4
failures or any other cause beyond Carrier’s control. Carrier shall not be required to perform tests, install any items of equipment or make modifications that may be recommended or directed by insura nce companies, government, state, municipal or other authority. However, in the event any such recommendations occur, Carrier, at its option, may submit a proposal 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.
11. EQUIPMENT CONDITION & RECOMMENDED SERVICE
(Service Contracts only) - Upon the initial scheduled operating and/or initial annual stop inspection, should Carrier determine the need fo r 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 recommends certain services (that are not included herein or upon initial inspection) and if Customer does not elect to have such services properly performed in a timely fashion, Carrier shall not be responsible for any equipment or control failures, operability or any long-term damage that m ay 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.
12. PROPRIETARY RIGHTS (Ser vice 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 shall remain the personal proprietary property of Carrier. No devices installed, attached to real property or portable device(s) shall become a fixture of the Customer locations. Customer shall not acquire any interest, title or equity in any hardware, software, processes, and ot her intellectual or proprietary rights to devices that are used in connection with providing service on Customer equipment.
13. DATA RIGHTS (Service Contracts only) - Customer hereby grants and agrees to grant to Carrier a worldwide, non-exclusive, non- terminable, irrevocable, perpetual, paid-up, royalty free license to any Source Data, with the right to sub-license to its affiliates and suppliers for (i) Carrier’s performance of services pursuant to this Agreement, (ii) the improvement of Carrier services , and Carrier’s Analytics Platform; (iii) improving product performance, operation, reliability, and maintainability; (iv) to create, compile, and/or use datasets and/or statistics for the purposes of benchmarking, development of best practices, product improvement; (v) the provision of services to third parties, (vi) research, statistical, and marketing purposes, and/or (vii) in support of Carrier agreements.
Source Data – shall mean data that is produced directly from a system, or device and received at a collection point or a central server (e.g. a Carrier database, data lake, or third party cloud service).
Analytics Platform – shall mean server algorithms or web interface systems used to (i) interpret, convert, manipulate, or calculate data, (ii) perform data processing, and/or (iii) the delivery of data to Carrier, affiliates or suppliers of Carrier, and/or Customer.
14. RETURN OF DATA (Service Contracts only) - Customer understands and acknowledges that the portable devices will collect Source Data t hat will be stored on and/or transmitted to Carrier’s servers and to suppliers or affiliates that are contracted by Carrier and used to transmit, process, extract or store such Source Data for purposes of Carrier’s performance of the service in accordance with this Agreement. Once such data and information has been stored and/or transmitted to Carrier’s servers, Customer agrees that such data and information shall become part of Carrier’s database and therefore subject to the license terms under section 13.
15. DATA DELIVERY - During the term of the Agreement Customer shall (i) make reasonable efforts to ensure that the hardware remains powered on, (ii) avoid intentional action to impede, block or throttle collection and transmission of Source Data by Carrier, and (iii) avoid intentional action to disable, turn off, or remove the hardware without Carrier’s express written consent, which consent shall not be unreasonably withheld.
16. REVERSE ENGINEERING - Customer shall not extract,
decompile or reverse engineer any software in cluded with, incorporated in, or otherwise associated with the hardware and shall not reverse engineer any reports or analytics provided to or received by Customer from Carrier.
17. WAIVER OF DAMAGES - 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.
18. LIMITATION OF LIABILITY - Carrier’s maximum liability for any reason (except for personal injuries) arising from this Agreement shall not exceed the value of the payments received by Carrier under this Agreement.
19. 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 purchases or contract commitments made by Carrier and all other losses due to the cancellation incl uding a reasonable profit.
20. 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 thirty (30) days after hav ing 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 locations 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 costs performed by Carrier including overheads and a reasonable profit.
21. CARRIER TERMIN ATION - 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.
22. CLAIMS - Any lawsuits arising from the performance or nonperformance of this Agreement, whether based upon contract, negligence, strict liability or otherwise, shall be brought within one (1) year from the date the claim arose.
23. 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 Carr ier's commercial pricing policies and practices (which do not consider any special requirements of U.S. Government cost principles, FAR Part 31, 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 government procurement regulations, such as
Terms and Conditions of Sale – Equipment and/or Service 031521 Carrier Corporation 5
FARs or DFARs, shall apply to this Agreement except those regulations expressly accepted in writing by Carrier.
24. 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 Carrie r 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 perfor mance shall be extended accordingly, and Carrier shall be compensated for the delay.
25. WASTE DISPOSAL - Customer is wholly responsible for the removal and proper disposal of waste oil, refrigerant and any other material generated during the term of this Agreement.
26. 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. Orders shall be binding upon Carrier when accepted in writing by an authorized representative of Ca rrier.
CARRIER’S ACCEPTANCE OF CUSTOMER’S ORDER IS
CONDITIONED UPON CUSTOMER’S ACCEPTANCE OF THE
TERMS AND CONDITIONS SET FORTH HEREIN (THIS
“AGREEMENT”) AND CUSTOMER’S AGREEMENT TO BE
BOUND BY AND COMPLY WITH THIS AGREEMENT. THIS
AGREEMENT AND ALL REFER ENCED ATTACHMENTS
CONSTITUTE THE ENTIRE AGREEMENT BETWEEN CARRIER
AND CUSTOMER, AND NO AMENDMENT OR MODIFICATION
SHALL BE BINDING ON CARRIER UNLESS SIGNED BY AN
OFFICER OR AUTHORIZED EMPLOYEE OF CARRIER. THE
FAILURE OF CARRIER TO OBJECT TO PROVISIONS
CONTAINED IN ANY PURCHASE ORDER OR OTHER
DOCUMENT OF CUSTOMER SHALL NOT BE CONSTRUED AS
A WAIVER BY CARRIER OF THE TERMS IN THIS
AGREEMENT OR AN ACCEPTANCE OF ANY OF CUSTOMER’S
PROVISIONS. ANY CONFLICTING OR ADDITIONAL
TERMS OR CONDITIONS SET FORTH BY CUSTOMER IN A
PURCHASE ORDER OR OTHER DOCUMENT SHALL NOT
BE BINDING UPON CARRIER, AND CARRIER HEREBY
EXPRESSLY OBJECTS THERETO.
27. 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.
28. FOR WORK BEING PERFORMED 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.
29. INTELLECTUAL PROPERTY – Notwithstanding anything to the contrary stated herein, Carrier retains ownership of its intellectual property and no li cense to Carrier’s intellectual property is granted except as necessary for Customer to use any deliverables and/or services provided hereunder.
30. DATA PRIVACY – Carrier processes personal data in accordance with its privacy notice at Carrier.com. Each party will comply with applicable data privacy laws governing personal information collected and processed under this Agreement , including the California Consumer Privacy Act and the European General Data Protection Regulation, and take all reasonable com mercial and legal steps to protect personal data. If Customer provides Carrier with personal data, Customer will ensure that it has the legal right to do so, including notifying the individuals whose personal data it provides to Carrier. If a party colle cts or processes personal data from California residents under this Agreement, such party is a “Service Provider” under the CCPA, and will not sell or exchange such personal data for anything of value.
31. FACTORY ACCEPTANCE TESTS AND INSPECTIONS –
The nature and extent of factory acceptance tests or factory inspections, including without limitation, the number and identity of participants, locations visited, and activities undertaken, shall be limited to activities directly related to the performance of this Agreement. The tests or inspections will be subject to mutual agreement of the parties, Carrier policy and internal pre -approval requirements, and strictly comply with Customer’s policies as well as all applicable laws and regulations including, with out limitation, all applicable laws and regulations prohibiting corruption.
32. ANTI-DISCRIMINATION POLICY – The Carrier Fostering a Respectful and Safe Work Environment policy is incorporated into these terms via this link:
https://www.carrier.com/commercial/en/us/media/carrier-anti- discrimination-harassment-policy-02192021_tcm199-109848.pdf.
33. EQUIPMENT RENTALS – If all or a portion of this Agreement is for equipment rental, the Carrier Rental Systems Master Terms and Conditions – Rental, available at
https://www.carrier.com/rentals/en/us/rental-equipment/rental-forms/, shall apply to the rental equipment.
Quote #00681223
Address 2478 Peck Road
City of Industry, CA 90601
Phone (818) 652-2365
Fax (860) 998-7888
E-mail [email protected]
Contact Name Ziad Mazboudi
Account City of Monterey Park
Phone (626) 532-2018
Site Address
350 S. McPerrin Ave,
Estimate Date
08/29/2022
Monterey Park, CA 91754
Quote Number 00681223
Job Description: Barnes Gym - Replace (6) A/C Units
Scope of Work
Furnish and install the following Air Conditioning Unit(s):
(1) Carrier Roof Top A/C Unit – 3 Ton
(2) Carrier Roof Top A/C Unit – 5 Ton
(3) Carrier Roof Top A/C Unit – 6 Ton
All units will be reconnected to existing drain, gas and refrigerant lines Connect new units to existing electrical with new service disconnects Connect new units to existing ductwork (includes duct modifications) Provide (6) new digital thermostats
Haul away old equipment
Provide start-up and verify operation
Warranty: 90 days labor and 1 year parts
Equipment Lead time:
3 and 5 Ton units are currently good in stock
6 Ton units currently have a 15 – 16 week lead time
Exclusions / Clarifications
Exclusions: Overtime labor, permits, plan check submittal and review, MES engineering, Architecture, air balance, roofing, electrical panel upgrades, fire life safety work, equipment screen modifications, temporary cooling equipment, ADA upgrades, hazardous waste disposal, Any upgrades of cosmetics to the interior or exterior of walls, painting and patching, ductwork, registers, thermostat wire, duct & register cleaning, ceiling tile removal and reinstallation.
Clarifications: The following items are included - Crane services, Payment and Performance bonds, Certified Payroll and Disposal of old units
Payment Terms: 30% upon approval, 30% upon equipment arrival (riggers yard), 30% rough completion and 10% punch walk completion / final
Schedule: All schedules to be approved by City of Monterey Park prior to commencement of any work.
Bonds: To be provided upon award of project.
Total Quoted Price
Total Price for Scope of Work including applicable taxes:
$128,588.00
Quote #00681223
This proposal is valid for 30 days from the date of proposal. Carrier's terms and conditions will govern in lieu of any other terms and conditions contained in any resulting Purchase, Order, Contract, Agreement, etc. Carrier would like to thank you for the continuing opportunity to be of service.
Sincerely,
\oppid2\
Dan Marquez
Carrier Commercial Service
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Title
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Customer Acceptance (signature)
Purchase Order
Date
This quote is valid for 30 days.
The attached Terms & Conditions shall govern.
Terms and Conditions of Sale – Equipment and/or Service 031521 Carrier Corporation 3
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, Customer shall pay Carrier any taxes or government charges arising from this Agreement. If Customer claims that any such taxes or government charges do not apply to the transactions governed by this Agreement, Customer shall provide Carrier with acceptable tax exemption certificates or other applicable documents. All past due invoices will accrue interest at the lesser of 1% per month or the maximum amount allowable by law.
2. EXTRAS - Equipment, parts or labor in addition to those specified in this Agreement will be provided upon receipt of Customer’s written authorization, paid for as an extra at Carrier’s prevailing labor rates and equipment/parts ch arges, 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 job 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, goods or other materials included in this Agreement and invoice Customer for such partial shipment.
6. DELAYS - Carrier shall not be liable for delays 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, acts of government, acts of ter rorism, fires, floods, epidemics, quarantine restrictions, freight embargoes, supplier delays, strikes, or labor difficulties (collectively “Force Majeure Events”). Carrier agrees to notify Customer in writing as soon as practicable of the causes of such delay. In the event that any materials or equipment to be provided by Carrier under this Agreement become permanently unavailable as a result of a Force Majeure Event, Carrier shall be excused from furnishing such materials or equipment.
7. WARRANTY - Carrier warrants that all equipment manufactured by Carrier 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 s ale, 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 transferrable manufacturer warranties for those products. Carrier warrants that all service provided by Carrier hereunder shall be performed in a workmanlike manner. In the event any such se rvice 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 components dur ing 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 pe rsons other than Carrier. THIS WARRANTY IS GIVEN IN LIEU 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 but not limited to, major repairs, are to be provided during Carrier’s normal working hours unless otherwise agreed.
9. 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 extraneous
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 Carr ier 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 m onitoring 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 start 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.
10. 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, boiler tubes, boiler refractory, disconnec t switches and circuit breakers. Carrier is not responsible for repairs, replacements, alterations, additions, adjustments, repairs by others, unscheduled calls or emergency calls, any of which may be necessitated by negligent operation, abuse, misuse, pri or 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, mi ldew, or bacteria, damage caused by power reductions or
Terms and Conditions of Sale – Equipment and/or Service 031521 Carrier Corporation 4
failures or any other cause beyond Carrier’s control. Carrier shall not be required to perform tests, install any items of equipment or make modifications that may be recommended or directed by insura nce companies, government, state, municipal or other authority. However, in the event any such recommendations occur, Carrier, at its option, may submit a proposal 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.
11. EQUIPMENT CONDITION & RECOMMENDED SERVICE
(Service Contracts only) - Upon the initial scheduled operating and/or initial annual stop inspection, should Carrier determine the need fo r 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 recommends certain services (that are not included herein or upon initial inspection) and if Customer does not elect to have such services properly performed in a timely fashion, Carrier shall not be responsible for any equipment or control failures, operability or any long-term damage that m ay 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.
12. PROPRIETARY RIGHTS (Ser vice 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 shall remain the personal proprietary property of Carrier. No devices installed, attached to real property or portable device(s) shall become a fixture of the Customer locations. Customer shall not acquire any interest, title or equity in any hardware, software, processes, and ot her intellectual or proprietary rights to devices that are used in connection with providing service on Customer equipment.
13. DATA RIGHTS (Service Contracts only) - Customer hereby grants and agrees to grant to Carrier a worldwide, non-exclusive, non- terminable, irrevocable, perpetual, paid-up, royalty free license to any Source Data, with the right to sub-license to its affiliates and suppliers for (i) Carrier’s performance of services pursuant to this Agreement, (ii) the improvement of Carrier services , and Carrier’s Analytics Platform; (iii) improving product performance, operation, reliability, and maintainability; (iv) to create, compile, and/or use datasets and/or statistics for the purposes of benchmarking, development of best practices, product improvement; (v) the provision of services to third parties, (vi) research, statistical, and marketing purposes, and/or (vii) in support of Carrier agreements.
Source Data – shall mean data that is produced directly from a system, or device and received at a collection point or a central server (e.g. a Carrier database, data lake, or third party cloud service).
Analytics Platform – shall mean server algorithms or web interface systems used to (i) interpret, convert, manipulate, or calculate data, (ii) perform data processing, and/or (iii) the delivery of data to Carrier, affiliates or suppliers of Carrier, and/or Customer.
14. RETURN OF DATA (Service Contracts only) - Customer understands and acknowledges that the portable devices will collect Source Data t hat will be stored on and/or transmitted to Carrier’s servers and to suppliers or affiliates that are contracted by Carrier and used to transmit, process, extract or store such Source Data for purposes of Carrier’s performance of the service in accordance with this Agreement. Once such data and information has been stored and/or transmitted to Carrier’s servers, Customer agrees that such data and information shall become part of Carrier’s database and therefore subject to the license terms under section 13.
15. DATA DELIVERY - During the term of the Agreement Customer shall (i) make reasonable efforts to ensure that the hardware remains powered on, (ii) avoid intentional action to impede, block or throttle collection and transmission of Source Data by Carrier, and (iii) avoid intentional action to disable, turn off, or remove the hardware without Carrier’s express written consent, which consent shall not be unreasonably withheld.
16. REVERSE ENGINEERING - Customer shall not extract,
decompile or reverse engineer any software in cluded with, incorporated in, or otherwise associated with the hardware and shall not reverse engineer any reports or analytics provided to or received by Customer from Carrier.
17. WAIVER OF DAMAGES - 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.
18. LIMITATION OF LIABILITY - Carrier’s maximum liability for any reason (except for personal injuries) arising from this Agreement shall not exceed the value of the payments received by Carrier under this Agreement.
19. 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 purchases or contract commitments made by Carrier and all other losses due to the cancellation incl uding a reasonable profit.
20. 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 thirty (30) days after hav ing 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 locations 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 costs performed by Carrier including overheads and a reasonable profit.
21. CARRIER TERMIN ATION - 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.
22. CLAIMS - Any lawsuits arising from the performance or nonperformance of this Agreement, whether based upon contract, negligence, strict liability or otherwise, shall be brought within one (1) year from the date the claim arose.
23. 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 Carr ier's commercial pricing policies and practices (which do not consider any special requirements of U.S. Government cost principles, FAR Part 31, 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 government procurement regulations, such as
Terms and Conditions of Sale – Equipment and/or Service 031521 Carrier Corporation 5
FARs or DFARs, shall apply to this Agreement except those regulations expressly accepted in writing by Carrier.
24. 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 Carrie r 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 perfor mance shall be extended accordingly, and Carrier shall be compensated for the delay.
25. WASTE DISPOSAL - Customer is wholly responsible for the removal and proper disposal of waste oil, refrigerant and any other material generated during the term of this Agreement.
26. 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. Orders shall be binding upon Carrier when accepted in writing by an authorized representative of Ca rrier.
CARRIER’S ACCEPTANCE OF CUSTOMER’S ORDER IS
CONDITIONED UPON CUSTOMER’S ACCEPTANCE OF THE
TERMS AND CONDITIONS SET FORTH HEREIN (THIS
“AGREEMENT”) AND CUSTOMER’S AGREEMENT TO BE
BOUND BY AND COMPLY WITH THIS AGREEMENT. THIS
AGREEMENT AND ALL REFER ENCED ATTACHMENTS
CONSTITUTE THE ENTIRE AGREEMENT BETWEEN CARRIER
AND CUSTOMER, AND NO AMENDMENT OR MODIFICATION
SHALL BE BINDING ON CARRIER UNLESS SIGNED BY AN
OFFICER OR AUTHORIZED EMPLOYEE OF CARRIER. THE
FAILURE OF CARRIER TO OBJECT TO PROVISIONS
CONTAINED IN ANY PURCHASE ORDER OR OTHER
DOCUMENT OF CUSTOMER SHALL NOT BE CONSTRUED AS
A WAIVER BY CARRIER OF THE TERMS IN THIS
AGREEMENT OR AN ACCEPTANCE OF ANY OF CUSTOMER’S
PROVISIONS. ANY CONFLICTING OR ADDITIONAL
TERMS OR CONDITIONS SET FORTH BY CUSTOMER IN A
PURCHASE ORDER OR OTHER DOCUMENT SHALL NOT
BE BINDING UPON CARRIER, AND CARRIER HEREBY
EXPRESSLY OBJECTS THERETO.
27. 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.
28. FOR WORK BEING PERFORMED 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.
29. INTELLECTUAL PROPERTY – Notwithstanding anything to the contrary stated herein, Carrier retains ownership of its intellectual property and no li cense to Carrier’s intellectual property is granted except as necessary for Customer to use any deliverables and/or services provided hereunder.
30. DATA PRIVACY – Carrier processes personal data in accordance with its privacy notice at Carrier.com. Each party will comply with applicable data privacy laws governing personal information collected and processed under this Agreement , including the California Consumer Privacy Act and the European General Data Protection Regulation, and take all reasonable com mercial and legal steps to protect personal data. If Customer provides Carrier with personal data, Customer will ensure that it has the legal right to do so, including notifying the individuals whose personal data it provides to Carrier. If a party colle cts or processes personal data from California residents under this Agreement, such party is a “Service Provider” under the CCPA, and will not sell or exchange such personal data for anything of value.
31. FACTORY ACCEPTANCE TESTS AND INSPECTIONS –
The nature and extent of factory acceptance tests or factory inspections, including without limitation, the number and identity of participants, locations visited, and activities undertaken, shall be limited to activities directly related to the performance of this Agreement. The tests or inspections will be subject to mutual agreement of the parties, Carrier policy and internal pre -approval requirements, and strictly comply with Customer’s policies as well as all applicable laws and regulations including, with out limitation, all applicable laws and regulations prohibiting corruption.
32. ANTI-DISCRIMINATION POLICY – The Carrier Fostering a Respectful and Safe Work Environment policy is incorporated into these terms via this link:
https://www.carrier.com/commercial/en/us/media/carrier-anti- discrimination-harassment-policy-02192021_tcm199-109848.pdf.
33. EQUIPMENT RENTALS – If all or a portion of this Agreement is for equipment rental, the Carrier Rental Systems Master Terms and Conditions – Rental, available at
https://www.carrier.com/rentals/en/us/rental-equipment/rental-forms/, shall apply to the rental equipment.
Quote #00681291
Address 2478 Peck Road
City of Industry, CA 90601
Phone (818) 652-2365
Fax (860) 998-7888
E-mail [email protected]
Contact Name Ziad Mazboudi
Account City of Monterey Park
Phone (626) 532-2018
Site Address
700 El Mercado Ave,
Estimate Date
08/29/2022
Monterey Park, CA 91754
Quote Number 00681291
Job Description: Chamber of Commerce - Replace (1) A/C Unit
Scope of Work
Furnish and install the following Air Conditioning Unit(s):
(1) Carrier A/C Unit – 5 Ton
New unit to be reconnected to existing drain and gas line Connect new unit to existing electrical with new service disconnect Connect new unit to existing ductwork
Provide (1) new digital thermostat
Haul away old equipment
Provide start-up and verify operation
Warranty: 90 days labor and 1 year parts
Equipment Lead time: currently good in stock
Exclusions / Clarifications
Exclusions: Overtime labor, permits, plan check submittal and review, MES engineering, Architecture, air balance, roofing, electrical panel upgrades, fire life safety work, equipment screen modifications, temporary cooling equipment, ADA upgrades, hazardous waste disposal, Any upgrades of cosmetics to the interior or exterior of walls, painting and patching, ductwork, registers, thermostat wire, duct & register cleaning, ceiling tile removal and reinstallation.
Clarifications: The following items are included - Crane services, Payment and Performance bonds, Certified Payroll and Disposal of old units
Payment Terms: 30% upon approval, 30% upon equipment arrival (riggers yard), 30% rough completion and 10% punch walk completion / final
Schedule: All schedules to be approved by City of Monterey Park prior to commencement of any work.
Bonds: To be provided upon award of project.
Total Quoted Price
Total Price for Scope of Work including applicable taxes:
$13,127.00
Quote #00681291
This proposal is valid for 30 days from the date of proposal. Carrier's terms and conditions will govern in lieu of any other terms and conditions contained in any resulting Purchase, Order, Contract, Agreement, etc. Carrier would like to thank you for the continuing opportunity to be of service.
Sincerely,
\oppid2\
Dan Marquez
Carrier Commercial Service
\n2\
\t2\
Title
\s2\
\d2\
\po2\
Customer Acceptance (signature)
Purchase Order
Date
This quote is valid for 30 days.
The attached Terms & Conditions shall govern.
Terms and Conditions of Sale – Equipment and/or Service 031521 Carrier Corporation 3
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, Customer shall pay Carrier any taxes or government charges arising from this Agreement. If Customer claims that any such taxes or government charges do not apply to the transactions governed by this Agreement, Customer shall provide Carrier with acceptable tax exemption certificates or other applicable documents. All past due invoices will accrue interest at the lesser of 1% per month or the maximum amount allowable by law.
2. EXTRAS - Equipment, parts or labor in addition to those specified in this Agreement will be provided upon receipt of Customer’s written authorization, paid for as an extra at Carrier’s prevailing labor rates and equipment/parts ch arges, 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 job 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, goods or other materials included in this Agreement and invoice Customer for such partial shipment.
6. DELAYS - Carrier shall not be liable for delays 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, acts of government, acts of ter rorism, fires, floods, epidemics, quarantine restrictions, freight embargoes, supplier delays, strikes, or labor difficulties (collectively “Force Majeure Events”). Carrier agrees to notify Customer in writing as soon as practicable of the causes of such delay. In the event that any materials or equipment to be provided by Carrier under this Agreement become permanently unavailable as a result of a Force Majeure Event, Carrier shall be excused from furnishing such materials or equipment.
7. WARRANTY - Carrier warrants that all equipment manufactured by Carrier 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 s ale, 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 transferrable manufacturer warranties for those products. Carrier warrants that all service provided by Carrier hereunder shall be performed in a workmanlike manner. In the event any such se rvice 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 components dur ing 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 pe rsons other than Carrier. THIS WARRANTY IS GIVEN IN LIEU 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 but not limited to, major repairs, are to be provided during Carrier’s normal working hours unless otherwise agreed.
9. 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 extraneous
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 Carr ier 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 m onitoring 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 start 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.
10. 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, boiler tubes, boiler refractory, disconnec t switches and circuit breakers. Carrier is not responsible for repairs, replacements, alterations, additions, adjustments, repairs by others, unscheduled calls or emergency calls, any of which may be necessitated by negligent operation, abuse, misuse, pri or 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, mi ldew, or bacteria, damage caused by power reductions or
Terms and Conditions of Sale – Equipment and/or Service 031521 Carrier Corporation 4
failures or any other cause beyond Carrier’s control. Carrier shall not be required to perform tests, install any items of equipment or make modifications that may be recommended or directed by insura nce companies, government, state, municipal or other authority. However, in the event any such recommendations occur, Carrier, at its option, may submit a proposal 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.
11. EQUIPMENT CONDITION & RECOMMENDED SERVICE
(Service Contracts only) - Upon the initial scheduled operating and/or initial annual stop inspection, should Carrier determine the need fo r 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 recommends certain services (that are not included herein or upon initial inspection) and if Customer does not elect to have such services properly performed in a timely fashion, Carrier shall not be responsible for any equipment or control failures, operability or any long-term damage that m ay 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.
12. PROPRIETARY RIGHTS (Ser vice 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 shall remain the personal proprietary property of Carrier. No devices installed, attached to real property or portable device(s) shall become a fixture of the Customer locations. Customer shall not acquire any interest, title or equity in any hardware, software, processes, and ot her intellectual or proprietary rights to devices that are used in connection with providing service on Customer equipment.
13. DATA RIGHTS (Service Contracts only) - Customer hereby grants and agrees to grant to Carrier a worldwide, non-exclusive, non- terminable, irrevocable, perpetual, paid-up, royalty free license to any Source Data, with the right to sub-license to its affiliates and suppliers for (i) Carrier’s performance of services pursuant to this Agreement, (ii) the improvement of Carrier services , and Carrier’s Analytics Platform; (iii) improving product performance, operation, reliability, and maintainability; (iv) to create, compile, and/or use datasets and/or statistics for the purposes of benchmarking, development of best practices, product improvement; (v) the provision of services to third parties, (vi) research, statistical, and marketing purposes, and/or (vii) in support of Carrier agreements.
Source Data – shall mean data that is produced directly from a system, or device and received at a collection point or a central server (e.g. a Carrier database, data lake, or third party cloud service).
Analytics Platform – shall mean server algorithms or web interface systems used to (i) interpret, convert, manipulate, or calculate data, (ii) perform data processing, and/or (iii) the delivery of data to Carrier, affiliates or suppliers of Carrier, and/or Customer.
14. RETURN OF DATA (Service Contracts only) - Customer understands and acknowledges that the portable devices will collect Source Data t hat will be stored on and/or transmitted to Carrier’s servers and to suppliers or affiliates that are contracted by Carrier and used to transmit, process, extract or store such Source Data for purposes of Carrier’s performance of the service in accordance with this Agreement. Once such data and information has been stored and/or transmitted to Carrier’s servers, Customer agrees that such data and information shall become part of Carrier’s database and therefore subject to the license terms under section 13.
15. DATA DELIVERY - During the term of the Agreement Customer shall (i) make reasonable efforts to ensure that the hardware remains powered on, (ii) avoid intentional action to impede, block or throttle collection and transmission of Source Data by Carrier, and (iii) avoid intentional action to disable, turn off, or remove the hardware without Carrier’s express written consent, which consent shall not be unreasonably withheld.
16. REVERSE ENGINEERING - Customer shall not extract,
decompile or reverse engineer any software in cluded with, incorporated in, or otherwise associated with the hardware and shall not reverse engineer any reports or analytics provided to or received by Customer from Carrier.
17. WAIVER OF DAMAGES - 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.
18. LIMITATION OF LIABILITY - Carrier’s maximum liability for any reason (except for personal injuries) arising from this Agreement shall not exceed the value of the payments received by Carrier under this Agreement.
19. 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 purchases or contract commitments made by Carrier and all other losses due to the cancellation incl uding a reasonable profit.
20. 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 thirty (30) days after hav ing 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 locations 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 costs performed by Carrier including overheads and a reasonable profit.
21. CARRIER TERMIN ATION - 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.
22. CLAIMS - Any lawsuits arising from the performance or nonperformance of this Agreement, whether based upon contract, negligence, strict liability or otherwise, shall be brought within one (1) year from the date the claim arose.
23. 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 Carr ier's commercial pricing policies and practices (which do not consider any special requirements of U.S. Government cost principles, FAR Part 31, 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 government procurement regulations, such as
Terms and Conditions of Sale – Equipment and/or Service 031521 Carrier Corporation 5
FARs or DFARs, shall apply to this Agreement except those regulations expressly accepted in writing by Carrier.
24. 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 Carrie r 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 perfor mance shall be extended accordingly, and Carrier shall be compensated for the delay.
25. WASTE DISPOSAL - Customer is wholly responsible for the removal and proper disposal of waste oil, refrigerant and any other material generated during the term of this Agreement.
26. 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. Orders shall be binding upon Carrier when accepted in writing by an authorized representative of Ca rrier.
CARRIER’S ACCEPTANCE OF CUSTOMER’S ORDER IS
CONDITIONED UPON CUSTOMER’S ACCEPTANCE OF THE
TERMS AND CONDITIONS SET FORTH HEREIN (THIS
“AGREEMENT”) AND CUSTOMER’S AGREEMENT TO BE
BOUND BY AND COMPLY WITH THIS AGREEMENT. THIS
AGREEMENT AND ALL REFER ENCED ATTACHMENTS
CONSTITUTE THE ENTIRE AGREEMENT BETWEEN CARRIER
AND CUSTOMER, AND NO AMENDMENT OR MODIFICATION
SHALL BE BINDING ON CARRIER UNLESS SIGNED BY AN
OFFICER OR AUTHORIZED EMPLOYEE OF CARRIER. THE
FAILURE OF CARRIER TO OBJECT TO PROVISIONS
CONTAINED IN ANY PURCHASE ORDER OR OTHER
DOCUMENT OF CUSTOMER SHALL NOT BE CONSTRUED AS
A WAIVER BY CARRIER OF THE TERMS IN THIS
AGREEMENT OR AN ACCEPTANCE OF ANY OF CUSTOMER’S
PROVISIONS. ANY CONFLICTING OR ADDITIONAL
TERMS OR CONDITIONS SET FORTH BY CUSTOMER IN A
PURCHASE ORDER OR OTHER DOCUMENT SHALL NOT
BE BINDING UPON CARRIER, AND CARRIER HEREBY
EXPRESSLY OBJECTS THERETO.
27. 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.
28. FOR WORK BEING PERFORMED 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.
29. INTELLECTUAL PROPERTY – Notwithstanding anything to the contrary stated herein, Carrier retains ownership of its intellectual property and no li cense to Carrier’s intellectual property is granted except as necessary for Customer to use any deliverables and/or services provided hereunder.
30. DATA PRIVACY – Carrier processes personal data in accordance with its privacy notice at Carrier.com. Each party will comply with applicable data privacy laws governing personal information collected and processed under this Agreement , including the California Consumer Privacy Act and the European General Data Protection Regulation, and take all reasonable com mercial and legal steps to protect personal data. If Customer provides Carrier with personal data, Customer will ensure that it has the legal right to do so, including notifying the individuals whose personal data it provides to Carrier. If a party colle cts or processes personal data from California residents under this Agreement, such party is a “Service Provider” under the CCPA, and will not sell or exchange such personal data for anything of value.
31. FACTORY ACCEPTANCE TESTS AND INSPECTIONS –
The nature and extent of factory acceptance tests or factory inspections, including without limitation, the number and identity of participants, locations visited, and activities undertaken, shall be limited to activities directly related to the performance of this Agreement. The tests or inspections will be subject to mutual agreement of the parties, Carrier policy and internal pre -approval requirements, and strictly comply with Customer’s policies as well as all applicable laws and regulations including, with out limitation, all applicable laws and regulations prohibiting corruption.
32. ANTI-DISCRIMINATION POLICY – The Carrier Fostering a Respectful and Safe Work Environment policy is incorporated into these terms via this link:
https://www.carrier.com/commercial/en/us/media/carrier-anti- discrimination-harassment-policy-02192021_tcm199-109848.pdf.
33. EQUIPMENT RENTALS – If all or a portion of this Agreement is for equipment rental, the Carrier Rental Systems Master Terms and Conditions – Rental, available at
https://www.carrier.com/rentals/en/us/rental-equipment/rental-forms/, shall apply to the rental equipment.
Quote #00681284
Address 2478 Peck Road
City of Industry, CA 90601
Phone (818) 652-2365
Fax (860) 998-7888
E-mail [email protected]
Contact Name Ziad Mazboudi
Account City of Monterey Park
Phone (626) 532-2018
Site Address
318 S. Ramona Ave,
Estimate Date
08/29/2022
Monterey Park, CA 91754
Quote Number 00681284
Job Description: Library - Replace (2) A/C Units
Scope of Work
Furnish and install the following Air Conditioning Unit(s):
(1) Data Aire Split System – Like for Like Tonnage
(1) Carrier A/C Unit – 6 Ton
All units will be reconnected to existing drain, gas and refrigerant lines Connect new units to existing electrical with new service disconnects Connect new units to existing ductwork
Provide (2) new digital thermostats
Haul away old equipment
Provide start-up and verify operation
Warranty: 90 days labor and 1 year parts
Equipment Lead time:
Data Aire: 13 – 15 weeks
Carrier Unit: 14 – 16 weeks
Exclusions / Clarifications
Exclusions: Overtime labor, permits, plan check submittal and review, MES engineering, Architecture, air balance, roofing, electrical panel upgrades, fire life safety work, equipment screen modifications, temporary cooling equipment, ADA upgrades, hazardous waste disposal, Any upgrades of cosmetics to the interior or exterior of walls, painting and patching, ductwork, registers, thermostat wire, duct & register cleaning, ceiling tile removal and reinstallation.
Clarifications: The following items are included - Crane services, Payment and Performance bonds, Certified Payroll and Disposal of old units
Payment Terms: 30% upon approval, 30% upon equipment arrival (riggers yard), 30% rough completion and 10% punch walk completion / final
Schedule: All schedules to be approved by City of Monterey Park prior to commencement of any work.
Bonds: To be provided upon award of project.
Total Quoted Price
Total Price for Scope of Work including applicable taxes:
$53,432.00
Quote #00681284
This proposal is valid for 30 days from the date of proposal. Carrier's terms and conditions will govern in lieu of any other terms and conditions contained in any resulting Purchase, Order, Contract, Agreement, etc. Carrier would like to thank you for the continuing opportunity to be of service.
Sincerely,
\oppid2\
Dan Marquez
Carrier Commercial Service
\n2\
\t2\
Title
\s2\
\d2\
\po2\
Customer Acceptance (signature)
Purchase Order
Date
This quote is valid for 30 days.
The attached Terms & Conditions shall govern.
Terms and Conditions of Sale – Equipment and/or Service 031521 Carrier Corporation 3
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, Customer shall pay Carrier any taxes or government charges arising from this Agreement. If Customer claims that any such taxes or government charges do not apply to the transactions governed by this Agreement, Customer shall provide Carrier with acceptable tax exemption certificates or other applicable documents. All past due invoices will accrue interest at the lesser of 1% per month or the maximum amount allowable by law.
2. EXTRAS - Equipment, parts or labor in addition to those specified in this Agreement will be provided upon receipt of Customer’s written authorization, paid for as an extra at Carrier’s prevailing labor rates and equipment/parts ch arges, 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 job 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, goods or other materials included in this Agreement and invoice Customer for such partial shipment.
6. DELAYS - Carrier shall not be liable for delays 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, acts of government, acts of ter rorism, fires, floods, epidemics, quarantine restrictions, freight embargoes, supplier delays, strikes, or labor difficulties (collectively “Force Majeure Events”). Carrier agrees to notify Customer in writing as soon as practicable of the causes of such delay. In the event that any materials or equipment to be provided by Carrier under this Agreement become permanently unavailable as a result of a Force Majeure Event, Carrier shall be excused from furnishing such materials or equipment.
7. WARRANTY - Carrier warrants that all equipment manufactured by Carrier 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 s ale, 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 transferrable manufacturer warranties for those products. Carrier warrants that all service provided by Carrier hereunder shall be performed in a workmanlike manner. In the event any such se rvice 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 components dur ing 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 pe rsons other than Carrier. THIS WARRANTY IS GIVEN IN LIEU 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 but not limited to, major repairs, are to be provided during Carrier’s normal working hours unless otherwise agreed.
9. 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 extraneous
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 Carr ier 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 m onitoring 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 start 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.
10. 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, boiler tubes, boiler refractory, disconnec t switches and circuit breakers. Carrier is not responsible for repairs, replacements, alterations, additions, adjustments, repairs by others, unscheduled calls or emergency calls, any of which may be necessitated by negligent operation, abuse, misuse, pri or 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, mi ldew, or bacteria, damage caused by power reductions or
Terms and Conditions of Sale – Equipment and/or Service 031521 Carrier Corporation 4
failures or any other cause beyond Carrier’s control. Carrier shall not be required to perform tests, install any items of equipment or make modifications that may be recommended or directed by insura nce companies, government, state, municipal or other authority. However, in the event any such recommendations occur, Carrier, at its option, may submit a proposal 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.
11. EQUIPMENT CONDITION & RECOMMENDED SERVICE
(Service Contracts only) - Upon the initial scheduled operating and/or initial annual stop inspection, should Carrier determine the need fo r 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 recommends certain services (that are not included herein or upon initial inspection) and if Customer does not elect to have such services properly performed in a timely fashion, Carrier shall not be responsible for any equipment or control failures, operability or any long-term damage that m ay 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.
12. PROPRIETARY RIGHTS (Ser vice 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 shall remain the personal proprietary property of Carrier. No devices installed, attached to real property or portable device(s) shall become a fixture of the Customer locations. Customer shall not acquire any interest, title or equity in any hardware, software, processes, and ot her intellectual or proprietary rights to devices that are used in connection with providing service on Customer equipment.
13. DATA RIGHTS (Service Contracts only) - Customer hereby grants and agrees to grant to Carrier a worldwide, non-exclusive, non- terminable, irrevocable, perpetual, paid-up, royalty free license to any Source Data, with the right to sub-license to its affiliates and suppliers for (i) Carrier’s performance of services pursuant to this Agreement, (ii) the improvement of Carrier services , and Carrier’s Analytics Platform; (iii) improving product performance, operation, reliability, and maintainability; (iv) to create, compile, and/or use datasets and/or statistics for the purposes of benchmarking, development of best practices, product improvement; (v) the provision of services to third parties, (vi) research, statistical, and marketing purposes, and/or (vii) in support of Carrier agreements.
Source Data – shall mean data that is produced directly from a system, or device and received at a collection point or a central server (e.g. a Carrier database, data lake, or third party cloud service).
Analytics Platform – shall mean server algorithms or web interface systems used to (i) interpret, convert, manipulate, or calculate data, (ii) perform data processing, and/or (iii) the delivery of data to Carrier, affiliates or suppliers of Carrier, and/or Customer.
14. RETURN OF DATA (Service Contracts only) - Customer understands and acknowledges that the portable devices will collect Source Data t hat will be stored on and/or transmitted to Carrier’s servers and to suppliers or affiliates that are contracted by Carrier and used to transmit, process, extract or store such Source Data for purposes of Carrier’s performance of the service in accordance with this Agreement. Once such data and information has been stored and/or transmitted to Carrier’s servers, Customer agrees that such data and information shall become part of Carrier’s database and therefore subject to the license terms under section 13.
15. DATA DELIVERY - During the term of the Agreement Customer shall (i) make reasonable efforts to ensure that the hardware remains powered on, (ii) avoid intentional action to impede, block or throttle collection and transmission of Source Data by Carrier, and (iii) avoid intentional action to disable, turn off, or remove the hardware without Carrier’s express written consent, which consent shall not be unreasonably withheld.
16. REVERSE ENGINEERING - Customer shall not extract,
decompile or reverse engineer any software in cluded with, incorporated in, or otherwise associated with the hardware and shall not reverse engineer any reports or analytics provided to or received by Customer from Carrier.
17. WAIVER OF DAMAGES - 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.
18. LIMITATION OF LIABILITY - Carrier’s maximum liability for any reason (except for personal injuries) arising from this Agreement shall not exceed the value of the payments received by Carrier under this Agreement.
19. 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 purchases or contract commitments made by Carrier and all other losses due to the cancellation incl uding a reasonable profit.
20. 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 thirty (30) days after hav ing 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 locations 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 costs performed by Carrier including overheads and a reasonable profit.
21. CARRIER TERMIN ATION - 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.
22. CLAIMS - Any lawsuits arising from the performance or nonperformance of this Agreement, whether based upon contract, negligence, strict liability or otherwise, shall be brought within one (1) year from the date the claim arose.
23. 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 Carr ier's commercial pricing policies and practices (which do not consider any special requirements of U.S. Government cost principles, FAR Part 31, 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 government procurement regulations, such as
Terms and Conditions of Sale – Equipment and/or Service 031521 Carrier Corporation 5
FARs or DFARs, shall apply to this Agreement except those regulations expressly accepted in writing by Carrier.
24. 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 Carrie r 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 perfor mance shall be extended accordingly, and Carrier shall be compensated for the delay.
25. WASTE DISPOSAL - Customer is wholly responsible for the removal and proper disposal of waste oil, refrigerant and any other material generated during the term of this Agreement.
26. 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. Orders shall be binding upon Carrier when accepted in writing by an authorized representative of Ca rrier.
CARRIER’S ACCEPTANCE OF CUSTOMER’S ORDER IS
CONDITIONED UPON CUSTOMER’S ACCEPTANCE OF THE
TERMS AND CONDITIONS SET FORTH HEREIN (THIS
“AGREEMENT”) AND CUSTOMER’S AGREEMENT TO BE
BOUND BY AND COMPLY WITH THIS AGREEMENT. THIS
AGREEMENT AND ALL REFER ENCED ATTACHMENTS
CONSTITUTE THE ENTIRE AGREEMENT BETWEEN CARRIER
AND CUSTOMER, AND NO AMENDMENT OR MODIFICATION
SHALL BE BINDING ON CARRIER UNLESS SIGNED BY AN
OFFICER OR AUTHORIZED EMPLOYEE OF CARRIER. THE
FAILURE OF CARRIER TO OBJECT TO PROVISIONS
CONTAINED IN ANY PURCHASE ORDER OR OTHER
DOCUMENT OF CUSTOMER SHALL NOT BE CONSTRUED AS
A WAIVER BY CARRIER OF THE TERMS IN THIS
AGREEMENT OR AN ACCEPTANCE OF ANY OF CUSTOMER’S
PROVISIONS. ANY CONFLICTING OR ADDITIONAL
TERMS OR CONDITIONS SET FORTH BY CUSTOMER IN A
PURCHASE ORDER OR OTHER DOCUMENT SHALL NOT
BE BINDING UPON CARRIER, AND CARRIER HEREBY
EXPRESSLY OBJECTS THERETO.
27. 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.
28. FOR WORK BEING PERFORMED 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.
29. INTELLECTUAL PROPERTY – Notwithstanding anything to the contrary stated herein, Carrier retains ownership of its intellectual property and no li cense to Carrier’s intellectual property is granted except as necessary for Customer to use any deliverables and/or services provided hereunder.
30. DATA PRIVACY – Carrier processes personal data in accordance with its privacy notice at Carrier.com. Each party will comply with applicable data privacy laws governing personal information collected and processed under this Agreement , including the California Consumer Privacy Act and the European General Data Protection Regulation, and take all reasonable com mercial and legal steps to protect personal data. If Customer provides Carrier with personal data, Customer will ensure that it has the legal right to do so, including notifying the individuals whose personal data it provides to Carrier. If a party colle cts or processes personal data from California residents under this Agreement, such party is a “Service Provider” under the CCPA, and will not sell or exchange such personal data for anything of value.
31. FACTORY ACCEPTANCE TESTS AND INSPECTIONS –
The nature and extent of factory acceptance tests or factory inspections, including without limitation, the number and identity of participants, locations visited, and activities undertaken, shall be limited to activities directly related to the performance of this Agreement. The tests or inspections will be subject to mutual agreement of the parties, Carrier policy and internal pre -approval requirements, and strictly comply with Customer’s policies as well as all applicable laws and regulations including, with out limitation, all applicable laws and regulations prohibiting corruption.
32. ANTI-DISCRIMINATION POLICY – The Carrier Fostering a Respectful and Safe Work Environment policy is incorporated into these terms via this link:
https://www.carrier.com/commercial/en/us/media/carrier-anti- discrimination-harassment-policy-02192021_tcm199-109848.pdf.
33. EQUIPMENT RENTALS – If all or a portion of this Agreement is for equipment rental, the Carrier Rental Systems Master Terms and Conditions – Rental, available at
https://www.carrier.com/rentals/en/us/rental-equipment/rental-forms/, shall apply to the rental equipment.
Quote #00679047
Address 2478 Peck Road
City of Industry, CA 90601
Phone (818) 652-2365
Fax (860) 998-7888
E-mail [email protected]
Contact Name Ziad Mazboudi
Account City of Monterey Park
Phone (626) 532-2018
Site Address
440 S. McPerrin Ave,
Estimate Date
08/29/2022
Monterey Park, CA 91754
Quote Number 00679047
Job Description: City Service Club - Replace (2) A/C Units
Scope of Work
Furnish and install the following Air Conditioning Unit(s):
(2) Carrier Roof Top A/C Unit – 5 Ton
All units will be reconnected to existing drain, gas and refrigerant lines Connect new units to existing electrical with new service disconnects Connect new units to existing ductwork (with adapter curb) Furnish and install smoke detectors for each unit
Note: should smoke be detected, smoke detectors will shut down A/C unit operation only. Smoke detectors will not be wired to a FLS panel.
Provide (2) new digital thermostats
Haul away old equipment
Provide start-up and verify operation
Warranty: 90 days labor and 1 year parts
Equipment lead time: currently in stock
Curb adapters and smoke detectors: 3 – 4 weeks
Economizers: 23 – 24 weeks
Exclusions / Clarifications
Exclusions: Overtime labor, permits, plan check submittal and review, MES engineering, Architecture, air balance, roofing, electrical panel upgrades, fire life safety work, equipment screen modifications, temporary cooling equipment, ADA upgrades, hazardous waste disposal, any upgrades of cosmetics to the interior or exterior of walls, painting and patching, ductwork, registers, thermostat wire, duct & register cleaning, ceiling tile removal and reinstallation.
Clarifications: The following items are included - Crane services, Payment and Performance bonds, Certified Payroll and Disposal of old units
Payment Terms: 30% upon approval, 30% upon equipment arrival (riggers yard), 30% rough completion and 10% punch walk completion / final
Schedule: All schedules to be approved by City of Monterey Park prior to commencement of any work.
Bonds: To be provided upon award of project.
Total Quoted Price
Total Price for Scope of Work including applicable taxes:
$31,513.00
Quote #00679047
This proposal is valid for 30 days from the date of proposal. Carrier's terms and conditions will govern in lieu of any other terms and conditions contained in any resulting Purchase, Order, Contract, Agreement, etc. Carrier would like to thank you for the continuing opportunity to be of service.
Sincerely,
\oppid2\
Dan Marquez
Carrier Commercial Service
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Title
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Customer Acceptance (signature)
Purchase Order
Date
This quote is valid for 30 days.
The attached Terms & Conditions shall govern.
Terms and Conditions of Sale – Equipment and/or Service 031521 Carrier Corporation 3
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, Customer shall pay Carrier any taxes or government charges arising from this Agreement. If Customer claims that any such taxes or government charges do not apply to the transactions governed by this Agreement, Customer shall provide Carrier with acceptable tax exemption certificates or other applicable documents. All past due invoices will accrue interest at the lesser of 1% per month or the maximum amount allowable by law.
2. EXTRAS - Equipment, parts or labor in addition to those specified in this Agreement will be provided upon receipt of Customer’s written authorization, paid for as an extra at Carrier’s prevailing labor rates and equipment/parts ch arges, 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 job 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, goods or other materials included in this Agreement and invoice Customer for such partial shipment.
6. DELAYS - Carrier shall not be liable for delays 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, acts of government, acts of terrorism, fires, floods, epidemics, quarantine restrictions, freight embargoes, supplier delays, strikes, or labor difficulties (collectively “Force Majeure Events”). Carrier agrees to notify Customer in writing as soon as practicable of the causes of such delay. In the event that any materials or equipment to be provided by Carrier under this Agreement become permanently unavailable as a result of a Force Majeure Event, Carrier shall be excused from furnishing such materials or equipment.
7. WARRANTY - Carrier warrants that all equipment manufactured by Carrier 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 transferrable manufacturer warranties for those products. Carrier warrants that all service provided by Carrier hereunder shall be 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 components during the warranty period shall be Customer’s exclusive remedy. Carrier shall not be responsibl e 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 co nsequence 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 LIEU OF ALL
OTHER WARRANTIES, EXPRESS, IMP LIED OR STATUTORY
INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
8. WORKING HOURS - All services performed under this
Agreement, including but not limited to, major repairs, are to be provided during Carrier’s no rmal working hours unless otherwise agreed.
9. 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 extraneous
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 custo mer will provide, in writing, prior to the start 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.
10. 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, boiler tubes, boiler refractory, disconnect switches and circuit breakers. Carrier is not responsible for repairs, replacements, alterations, a dditions, adjustments, repairs by others, unscheduled calls or emergency calls, any of which may be necessitated by negligent operation, abuse, misuse, prior improper maintenance, vandalism, obsolescence, building system design, damage due to freezing weat her, 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
Terms and Conditions of Sale – Equipment and/or Service 031521 Carrier Corporation 4
failures or any other cause beyond Carrier’s control. Carrier shall not be required to perform tests, install any items of equipment or make modifications that may be recommended or directed by insurance companies, government, state, municipal or other authority. However, in the event any such recom mendations occur, Carrier, at its option, may submit a proposal 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.
11. 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 in cluding recommendations for corrections and the price for repairs in addition to this Agreement. In the event Carrier recommends certain services (that are not included herein or upon initial inspection) and if Customer does not elect to have such services properly performed in a timely fashion, Carrier shall not be responsible for any equipment or control failures, operability 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.
12. 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 shall remain the personal proprietary property of Carrier. No devices installed, attached to real property or portable device(s) shall be come a fixture of the Customer locations. Customer shall not acquire any interest, title or equity in any hardware, software, processes, and other intellectual or proprietary rights to devices that are used in connection with providing service on Customer equipment.
13. DATA RIGHTS (Service Contracts only) - Customer hereby grants and agrees to grant to Carrier a worldwide, non-exclusive, non- terminable, irrevocable, perpetual, paid-up, royalty free license to any Source Data, with the right to sub-license to its affiliates and suppliers for (i) Carrier’s performance of services pursuant to this Agreement, (ii) the improvement of Carrier services, and Carrier’s Analytics Platform; (iii) improving product performance, operation, reliability, and maintainability; (iv) to create, compile, and/or use datasets and/or statistics for the purposes of benchmarking, development of best practices, product improvement; (v) the provision of services to third parties, (vi) research, statistical, and marketing purposes, a nd/or (vii) in support of Carrier agreements.
Source Data – shall mean data that is produced directly from a system, or device and received at a collection point or a central server (e.g. a Carrier database, data lake, or third party cloud service).
Analytics Platform – shall mean server algorithms or web interface systems used to (i) interpret, convert, manipulate, or calculate data, (ii) perform data processing, and/or (iii) the delivery of data to Carrier, affiliates or suppliers of Carrier, and/or Customer.
14. RETURN OF DATA (Service Contracts only) - Customer understands and acknowledges that the portable devices will collect Source Data that will be stored on and/or transmitted to Carrier’s servers and to suppliers or affiliates that are contracted by Carrier and used to transmit, process, extract or store such Source Data for purposes of Carrier’s performance of the service in accordance with this Agreement. Once such data and information has been stored and/or transmitted to Carrier’s servers, Customer agrees that such data and information shall become part of Carrier’s database and therefore subject to the license terms under section 13.
15. DATA DELIVERY - During the term of the Agreement Customer shall (i) make reasonable efforts to ensure that the hardware remains powered on, (ii) avoid intentional action to impede, block or throttle collection and transmission of Source Data by Carrier, and (iii) avoid intentional action to disable, turn off, or remove the hardware without Carrier’s express written consent, which consent shall not be unreasonably withheld.
16. REVERSE ENGINEERING - Customer shall not extract,
decompile or reverse engineer any software in cluded with, incorporated in, or otherwise associated with the hardware and shall not reverse engineer any reports or analytics provided to or received by Customer from Carrier.
17. WAIVER OF DAMAGES - Under no circumstances shall Carrier be liable for an y 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.
18. LIMITATION OF LIABILITY - Carrier’s maximum liability for any reason (except for personal injuries) arising from this Agreement shall not exceed the value of the payments received by Carrier under this Agreement.
19. 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 purchases or contract commitments made by Carrier and all other losses due to the cancellation including a reasonable profit.
20. 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 thirty (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 locations 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 costs performed by Carrier including overheads and a reasonable profit.
21. 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 oth ers without prior agreement between Customer and Carrier.
22. CLAIMS - Any lawsuits arising from the performance or nonperformance of this Agreement, whether based upon contract, negligence, strict liability or otherwise, shall be brought within one (1) year from the date the claim arose.
23. 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 compone nts, 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 31, 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 government procurement regulations, such as
Terms and Conditions of Sale – Equipment and/or Service 031521 Carrier Corporation 5
FARs or DFARs, shall apply to this Agreement except those regulations expressly accepted in writing by Carrier.
24. 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 shall be compensated for the delay.
25. WASTE DISPOSAL - Customer is wholly responsible for the removal and proper disposal of waste oil, refrigerant and any oth er material generated during the term of this Agreement.
26. 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. Orders shall be binding upon Carrier when accepted in writing by an authorized representative of Carrier.
CARRIER’S ACCEPTANCE OF CUSTOMER’S ORDER IS
CONDITIONED UPON CUSTOMER’S ACCEPTANCE OF THE
TERMS AND CONDITIONS SET FORTH HEREIN (THIS
“AGREEMENT”) AND CUSTOMER’S AGREEMENT TO BE
BOUND BY AND COMPLY WITH THIS AGREEMENT. THIS
AGREEMENT AND ALL REFERENCED ATTACHMENTS
CONSTITUTE THE ENTIRE AGREEMENT BETWEEN CARRIER
AND CUSTOMER, AND NO AMENDMENT OR MODIFICATION
SHALL BE BINDING ON CARRIER UNLESS SIGNED BY AN
OFFICER OR AUTHORIZED EMPLOYEE OF CARRIER. THE
FAILURE OF CARRIER TO OBJECT TO PROVISIONS
CONTAINED IN ANY PURCHASE ORDER OR OTHER
DOCUMENT OF CUSTOMER SHALL NOT BE CONSTRUED AS
A WAIVER BY CARRIER OF THE TERMS IN THIS
AGREEMENT OR AN ACCEPTANCE OF ANY OF CUSTOMER’S
PROVISIONS. ANY CONFLICTING OR ADDITI ONAL
TERMS OR CONDITIONS SET FORTH BY CUSTOMER IN A
PURCHASE ORDER OR OTHER DOCUMENT SHALL NOT
BE BINDING UPON CARRIER, AND CARRIER HEREBY
EXPRESSLY OBJECTS THERETO.
27. 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.
28. FOR WORK BEING PERFORMED 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, Cont ractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.
29. INTELLECTUAL PROPERTY – Notwithstanding anything to the contrary stated herein, Carrier retains ownership of its intellectual property and no license to Carrier’s intellectual property is granted except as necessary for Customer to use any deliverables and/or services provided hereunder.
30. DATA PRIVACY – Carrier processes personal data in accordance with its privacy notice at Carrier.com. Each party will comply with applicable data privacy laws governing personal information collected and processed under this Agreement , including the California Consumer Privacy Act and the European General Data Protection Regulation, and take all reasonable commercial and legal s teps to protect personal data. If Customer provides Carrier with personal data, Customer will ensure that it has the legal right to do so, including notifying the individuals whose personal data it provides to Carrier. If a party collects or processes pe rsonal data from California residents under this Agreement, such party is a “Service Provider” under the CCPA, and will not sell or exchange such personal data for anything of value.
31. FACTORY ACCEPTANCE TESTS AND INSPECTIONS –
The nature and extent o f factory acceptance tests or factory inspections, including without limitation, the number and identity of participants, locations visited, and activities undertaken, shall be limited to activities directly related to the performance of this Agreement. Th e tests or inspections will be subject to mutual agreement of the parties, Carrier policy and internal pre -approval requirements, and strictly comply with Customer’s policies as well as all applicable laws and regulations including, without limitation, all applicable laws and regulations prohibiting corruption.
32. ANTI-DISCRIMINATION POLICY – The Carrier Fostering a Respectful and Safe Work Environment policy is incorporated into these terms via this link:
https://www.carrier.com/commercial/en/us/media/carrier-anti- discrimination-harassment-policy-02192021_tcm199-109848.pdf.
33. EQUIPMENT RENTALS – If all or a portion of this Agreement is for equipment rental, the Carrier Rental Systems Master Terms and Conditions – Rental, available at
https://www.carrier.com/rentals/en/us/rental-equipment/rental-forms/, shall apply to the rental equipment.
Quote #00679045
Address 2478 Peck Road
City of Industry, CA 90601
Phone (818) 652-2365
Fax (860) 998-7888
E-mail [email protected]
Contact Name Ziad Mazboudi
Account City of Monterey Park
Phone (626) 532-2018
Site Address
751 S. Alhambra Ave,
Estimate Date
08/29/2022
Monterey Park, CA 91755
Quote Number 00679045
Job Description: City Water Division - Replace (1) Heat Pump Split System
Scope of Work
Furnish and install the following Air Conditioning Unit(s):
(1) Carrier Heat Pump unit – 4 Ton
New unit to be reconnected to existing drain, gas and refrigerant lines Connect new unit to existing electrical with new service disconnects Connect new unit to existing ductwork
Provide (1) new digital thermostat
Haul away old equipment
Provide start-up and verify operation
Warranty: 90 days labor and 1 year parts
Equipment lead time: currently in stock (6)
Exclusions / Clarifications
Exclusions: Overtime labor, permits, plan check submittal and review, MES engineering, Architecture, air balance, roofing, electrical panel upgrades, fire life safety work, equipment screen modifications, temporary cooling equipment, ADA upgrades, hazardous waste disposal, Any upgrades of cosmetics to the interior or exterior of walls, painting and patching, ductwork, registers, thermostat wire, duct & register cleaning, ceiling tile removal and reinstallation.
Clarifications: The following items are included - Crane services, Payment and Performance bonds, Certified Payroll and Disposal of old units
Payment Terms: 30% upon approval, 30% upon equipment arrival (riggers yard), 30% rough completion and 10% punch walk completion / final
Schedule: All schedules to be approved by City of Monterey Park prior to commencement of any work.
Bonds: To be provided upon award of project.
Total Quoted Price
Total Price for Scope of Work including applicable taxes:
$19,532.00
Quote #00679045
This proposal is valid for 30 days from the date of proposal. Carrier's terms and conditions will govern in lieu of any other terms and conditions contained in any resulting Purchase, Order, Contract, Agreement, etc. Carrier would like to thank you for the continuing opportunity to be of service.
Sincerely,
\oppid2\
Dan Marquez
Carrier Commercial Service
\n2\
\t2\
Title
\s2\
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\po2\
Customer Acceptance (signature)
Purchase Order
Date
This quote is valid for 30 days.
The attached Terms & Conditions shall govern.
Terms and Conditions of Sale – Equipment and/or Service 031521 Carrier Corporation 3
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, Customer shall pay Carrier any taxes or government charges arising from this Agreement. If Customer claims that any such taxes or government charges do not apply to the transactions governed by this Agreement, Customer shall provide Carrier with acceptable tax exemption certificates or other applicable documents. All past due invoices will accrue interest at the lesser of 1% per month or the maximum amount allowable by law.
2. EXTRAS - Equipment, parts or labor in addition to those specified in this Agreement will be provided upon receipt of Customer’s written authorization, paid for as an extra at Carrier’s prevailing labor rates and equipment/parts ch arges, 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 job 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, goods or other materials included in this Agreement and invoice Customer for such partial shipment.
6. DELAYS - Carrier shall not be liable for delays 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, acts of government, acts of ter rorism, fires, floods, epidemics, quarantine restrictions, freight embargoes, supplier delays, strikes, or labor difficulties (collectively “Force Majeure Events”). Carrier agrees to notify Customer in writing as soon as practicable of the causes of such delay. In the event that any materials or equipment to be provided by Carrier under this Agreement become permanently unavailable as a result of a Force Majeure Event, Carrier shall be excused from furnishing such materials or equipment.
7. WARRANTY - Carrier warrants that all equipment manufactured by Carrier 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 s ale, 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 transferrable manufacturer warranties for those products. Carrier warrants that all service provided by Carrier hereunder shall be performed in a workmanlike manner. In the event any such se rvice 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 components dur ing 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 pe rsons other than Carrier. THIS WARRANTY IS GIVEN IN LIEU 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 but not limited to, major repairs, are to be provided during Carrier’s normal working hours unless otherwise agreed.
9. 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 extraneous
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 Carr ier 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 m onitoring 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 start 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.
10. 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, boiler tubes, boiler refractory, disconnec t switches and circuit breakers. Carrier is not responsible for repairs, replacements, alterations, additions, adjustments, repairs by others, unscheduled calls or emergency calls, any of which may be necessitated by negligent operation, abuse, misuse, pri or 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, mi ldew, or bacteria, damage caused by power reductions or
Terms and Conditions of Sale – Equipment and/or Service 031521 Carrier Corporation 4
failures or any other cause beyond Carrier’s control. Carrier shall not be required to perform tests, install any items of equipment or make modifications that may be recommended or directed by insura nce companies, government, state, municipal or other authority. However, in the event any such recommendations occur, Carrier, at its option, may submit a proposal 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.
11. EQUIPMENT CONDITION & RECOMMENDED SERVICE
(Service Contracts only) - Upon the initial scheduled operating and/or initial annual stop inspection, should Carrier determine the need fo r 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 recommends certain services (that are not included herein or upon initial inspection) and if Customer does not elect to have such services properly performed in a timely fashion, Carrier shall not be responsible for any equipment or control failures, operability or any long-term damage that m ay 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.
12. PROPRIETARY RIGHTS (Ser vice 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 shall remain the personal proprietary property of Carrier. No devices installed, attached to real property or portable device(s) shall become a fixture of the Customer locations. Customer shall not acquire any interest, title or equity in any hardware, software, processes, and ot her intellectual or proprietary rights to devices that are used in connection with providing service on Customer equipment.
13. DATA RIGHTS (Service Contracts only) - Customer hereby grants and agrees to grant to Carrier a worldwide, non-exclusive, non- terminable, irrevocable, perpetual, paid-up, royalty free license to any Source Data, with the right to sub-license to its affiliates and suppliers for (i) Carrier’s performance of services pursuant to this Agreement, (ii) the improvement of Carrier services , and Carrier’s Analytics Platform; (iii) improving product performance, operation, reliability, and maintainability; (iv) to create, compile, and/or use datasets and/or statistics for the purposes of benchmarking, development of best practices, product improvement; (v) the provision of services to third parties, (vi) research, statistical, and marketing purposes, and/or (vii) in support of Carrier agreements.
Source Data – shall mean data that is produced directly from a system, or device and received at a collection point or a central server (e.g. a Carrier database, data lake, or third party cloud service).
Analytics Platform – shall mean server algorithms or web interface systems used to (i) interpret, convert, manipulate, or calculate data, (ii) perform data processing, and/or (iii) the delivery of data to Carrier, affiliates or suppliers of Carrier, and/or Customer.
14. RETURN OF DATA (Service Contracts only) - Customer understands and acknowledges that the portable devices will collect Source Data t hat will be stored on and/or transmitted to Carrier’s servers and to suppliers or affiliates that are contracted by Carrier and used to transmit, process, extract or store such Source Data for purposes of Carrier’s performance of the service in accordance with this Agreement. Once such data and information has been stored and/or transmitted to Carrier’s servers, Customer agrees that such data and information shall become part of Carrier’s database and therefore subject to the license terms under section 13.
15. DATA DELIVERY - During the term of the Agreement Customer shall (i) make reasonable efforts to ensure that the hardware remains powered on, (ii) avoid intentional action to impede, block or throttle collection and transmission of Source Data by Carrier, and (iii) avoid intentional action to disable, turn off, or remove the hardware without Carrier’s express written consent, which consent shall not be unreasonably withheld.
16. REVERSE ENGINEERING - Customer shall not extract,
decompile or reverse engineer any software in cluded with, incorporated in, or otherwise associated with the hardware and shall not reverse engineer any reports or analytics provided to or received by Customer from Carrier.
17. WAIVER OF DAMAGES - 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.
18. LIMITATION OF LIABILITY - Carrier’s maximum liability for any reason (except for personal injuries) arising from this Agreement shall not exceed the value of the payments received by Carrier under this Agreement.
19. 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 purchases or contract commitments made by Carrier and all other losses due to the cancellation incl uding a reasonable profit.
20. 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 thirty (30) days after hav ing 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 locations 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 costs performed by Carrier including overheads and a reasonable profit.
21. CARRIER TERMIN ATION - 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.
22. CLAIMS - Any lawsuits arising from the performance or nonperformance of this Agreement, whether based upon contract, negligence, strict liability or otherwise, shall be brought within one (1) year from the date the claim arose.
23. 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 Carr ier's commercial pricing policies and practices (which do not consider any special requirements of U.S. Government cost principles, FAR Part 31, 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 government procurement regulations, such as
Terms and Conditions of Sale – Equipment and/or Service 031521 Carrier Corporation 5
FARs or DFARs, shall apply to this Agreement except those regulations expressly accepted in writing by Carrier.
24. 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 Carrie r 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 perfor mance shall be extended accordingly, and Carrier shall be compensated for the delay.
25. WASTE DISPOSAL - Customer is wholly responsible for the removal and proper disposal of waste oil, refrigerant and any other material generated during the term of this Agreement.
26. 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. Orders shall be binding upon Carrier when accepted in writing by an authorized representative of Ca rrier.
CARRIER’S ACCEPTANCE OF CUSTOMER’S ORDER IS
CONDITIONED UPON CUSTOMER’S ACCEPTANCE OF THE
TERMS AND CONDITIONS SET FORTH HEREIN (THIS
“AGREEMENT”) AND CUSTOMER’S AGREEMENT TO BE
BOUND BY AND COMPLY WITH THIS AGREEMENT. THIS
AGREEMENT AND ALL REFER ENCED ATTACHMENTS
CONSTITUTE THE ENTIRE AGREEMENT BETWEEN CARRIER
AND CUSTOMER, AND NO AMENDMENT OR MODIFICATION
SHALL BE BINDING ON CARRIER UNLESS SIGNED BY AN
OFFICER OR AUTHORIZED EMPLOYEE OF CARRIER. THE
FAILURE OF CARRIER TO OBJECT TO PROVISIONS
CONTAINED IN ANY PURCHASE ORDER OR OTHER
DOCUMENT OF CUSTOMER SHALL NOT BE CONSTRUED AS
A WAIVER BY CARRIER OF THE TERMS IN THIS
AGREEMENT OR AN ACCEPTANCE OF ANY OF CUSTOMER’S
PROVISIONS. ANY CONFLICTING OR ADDITIONAL
TERMS OR CONDITIONS SET FORTH BY CUSTOMER IN A
PURCHASE ORDER OR OTHER DOCUMENT SHALL NOT
BE BINDING UPON CARRIER, AND CARRIER HEREBY
EXPRESSLY OBJECTS THERETO.
27. 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.
28. FOR WORK BEING PERFORMED 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.
29. INTELLECTUAL PROPERTY – Notwithstanding anything to the contrary stated herein, Carrier retains ownership of its intellectual property and no li cense to Carrier’s intellectual property is granted except as necessary for Customer to use any deliverables and/or services provided hereunder.
30. DATA PRIVACY – Carrier processes personal data in accordance with its privacy notice at Carrier.com. Each party will comply with applicable data privacy laws governing personal information collected and processed under this Agreement , including the California Consumer Privacy Act and the European General Data Protection Regulation, and take all reasonable com mercial and legal steps to protect personal data. If Customer provides Carrier with personal data, Customer will ensure that it has the legal right to do so, including notifying the individuals whose personal data it provides to Carrier. If a party colle cts or processes personal data from California residents under this Agreement, such party is a “Service Provider” under the CCPA, and will not sell or exchange such personal data for anything of value.
31. FACTORY ACCEPTANCE TESTS AND INSPECTIONS –
The nature and extent of factory acceptance tests or factory inspections, including without limitation, the number and identity of participants, locations visited, and activities undertaken, shall be limited to activities directly related to the performance of this Agreement. The tests or inspections will be subject to mutual agreement of the parties, Carrier policy and internal pre -approval requirements, and strictly comply with Customer’s policies as well as all applicable laws and regulations including, with out limitation, all applicable laws and regulations prohibiting corruption.
32. ANTI-DISCRIMINATION POLICY – The Carrier Fostering a Respectful and Safe Work Environment policy is incorporated into these terms via this link:
https://www.carrier.com/commercial/en/us/media/carrier-anti- discrimination-harassment-policy-02192021_tcm199-109848.pdf.
33. EQUIPMENT RENTALS – If all or a portion of this Agreement is for equipment rental, the Carrier Rental Systems Master Terms and Conditions – Rental, available at
https://www.carrier.com/rentals/en/us/rental-equipment/rental-forms/, shall apply to the rental equipment.
Quote #00679042
Address 2478 Peck Road
City of Industry, CA 90601
Phone (818) 652-2365
Fax (860) 998-7888
E-mail [email protected]
Contact Name Ziad Mazboudi
Account City of Monterey Park
Phone (626) 532-2018
Site Address
751 S. Alhambra Ave,
Estimate Date
08/29/2022
Monterey Park, CA 91755
Quote Number 00679042
Job Description: Facilities and Maintenancne - Replace (4) A/C Units
Scope of Work
Furnish and install the following Air Conditioning Unit(s):
(1) Ductless Split System – 1.5 Ton
(1) Carrier Roof Top A/C Unit – 2 Ton
(1) Carrier Heat Pump unit – 1.5 Ton
(1) Carrier Gas/Electric Split System – 3 Ton
All units will be reconnected to existing drain, gas and refrigerant lines Connect new units to existing electrical with new service disconnects Connect new units to existing ductwork
Provide (4) new digital thermostats
Haul away old equipment
Provide start-up and verify operation
Warranty: 90 days labor and 1 year parts
Equipment Lead time: currently good in stock
Exclusions / Clarifications
Exclusions: Overtime labor, permits, plan check submittal and review, MES engineering, Architecture, air balance, roofing, electrical panel upgrades, fire life safety work, equipment screen modifications, temporary cooling equipment, ADA upgrades, hazardous waste disposal, Any upgrades of cosmetics to the interior or exterior of walls, painting and patching, ductwork, registers, thermostat wire, duct & register cleaning, ceiling tile removal and reinstallation.
Clarifications: The following items are included - Crane services, Payment and Performance bonds, Certified Payroll and Disposal of old units
Payment Terms: 30% upon approval, 30% upon equipment arrival (riggers yard), 30% rough completion and 10% punch walk completion / final
Schedule: All schedules to be approved by City of Monterey Park prior to commencement of any work.
Bonds: To be provided upon award of project
Total Quoted Price
Total Price for Scope of Work including applicable taxes:
$40,626.00
Quote #00679042
This proposal is valid for 30 days from the date of proposal. Carrier's terms and conditions will govern in lieu of any other terms and conditions contained in any resulting Purchase, Order, Contract, Agreement, etc. Carrier would like to thank you for the continuing opportunity to be of service.
Sincerely,
\oppid2\
Dan Marquez
Carrier Commercial Service
\n2\
\t2\
Title
\s2\
\d2\
\po2\
Customer Acceptance (signature)
Purchase Order
Date
This quote is valid for 30 days.
The attached Terms & Conditions shall govern.
Terms and Conditions of Sale – Equipment and/or Service 031521 Carrier Corporation 3
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, Customer shall pay Carrier any taxes or government charges arising from this Agreement. If Customer claims that any such taxes or government charges do not apply to the transactions governed by this Agreement, Customer shall provide Carrier with acceptable tax exemption certificates or other applicable documents. All past due invoices will accrue interest at the lesser of 1% per month or the maximum amount allowable by law.
2. EXTRAS - Equipment, parts or labor in addition to those specified in this Agreement will be provided upon receipt of Customer’s written authorization, paid for as an extra at Carrier’s prevailing labor rates and equipment/parts ch arges, 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 job 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, goods or other materials included in this Agreement and invoice Customer for such partial shipment.
6. DELAYS - Carrier shall not be liable for delays 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, acts of government, acts of ter rorism, fires, floods, epidemics, quarantine restrictions, freight embargoes, supplier delays, strikes, or labor difficulties (collectively “Force Majeure Events”). Carrier agrees to notify Customer in writing as soon as practicable of the causes of such delay. In the event that any materials or equipment to be provided by Carrier under this Agreement become permanently unavailable as a result of a Force Majeure Event, Carrier shall be excused from furnishing such materials or equipment.
7. WARRANTY - Carrier warrants that all equipment manufactured by Carrier 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 s ale, 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 transferrable manufacturer warranties for those products. Carrier warrants that all service provided by Carrier hereunder shall be performed in a workmanlike manner. In the event any such se rvice 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 components dur ing 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 pe rsons other than Carrier. THIS WARRANTY IS GIVEN IN LIEU 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 but not limited to, major repairs, are to be provided during Carrier’s normal working hours unless otherwise agreed.
9. 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 extraneous
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 Carr ier 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 m onitoring 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 start 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.
10. 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, boiler tubes, boiler refractory, disconnec t switches and circuit breakers. Carrier is not responsible for repairs, replacements, alterations, additions, adjustments, repairs by others, unscheduled calls or emergency calls, any of which may be necessitated by negligent operation, abuse, misuse, pri or 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, mi ldew, or bacteria, damage caused by power reductions or
Terms and Conditions of Sale – Equipment and/or Service 031521 Carrier Corporation 4
failures or any other cause beyond Carrier’s control. Carrier shall not be required to perform tests, install any items of equipment or make modifications that may be recommended or directed by insura nce companies, government, state, municipal or other authority. However, in the event any such recommendations occur, Carrier, at its option, may submit a proposal 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.
11. EQUIPMENT CONDITION & RECOMMENDED SERVICE
(Service Contracts only) - Upon the initial scheduled operating and/or initial annual stop inspection, should Carrier determine the need fo r 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 recommends certain services (that are not included herein or upon initial inspection) and if Customer does not elect to have such services properly performed in a timely fashion, Carrier shall not be responsible for any equipment or control failures, operability or any long-term damage that m ay 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.
12. PROPRIETARY RIGHTS (Ser vice 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 shall remain the personal proprietary property of Carrier. No devices installed, attached to real property or portable device(s) shall become a fixture of the Customer locations. Customer shall not acquire any interest, title or equity in any hardware, software, processes, and ot her intellectual or proprietary rights to devices that are used in connection with providing service on Customer equipment.
13. DATA RIGHTS (Service Contracts only) - Customer hereby grants and agrees to grant to Carrier a worldwide, non-exclusive, non- terminable, irrevocable, perpetual, paid-up, royalty free license to any Source Data, with the right to sub-license to its affiliates and suppliers for (i) Carrier’s performance of services pursuant to this Agreement, (ii) the improvement of Carrier services , and Carrier’s Analytics Platform; (iii) improving product performance, operation, reliability, and maintainability; (iv) to create, compile, and/or use datasets and/or statistics for the purposes of benchmarking, development of best practices, product improvement; (v) the provision of services to third parties, (vi) research, statistical, and marketing purposes, and/or (vii) in support of Carrier agreements.
Source Data – shall mean data that is produced directly from a system, or device and received at a collection point or a central server (e.g. a Carrier database, data lake, or third party cloud service).
Analytics Platform – shall mean server algorithms or web interface systems used to (i) interpret, convert, manipulate, or calculate data, (ii) perform data processing, and/or (iii) the delivery of data to Carrier, affiliates or suppliers of Carrier, and/or Customer.
14. RETURN OF DATA (Service Contracts only) - Customer understands and acknowledges that the portable devices will collect Source Data t hat will be stored on and/or transmitted to Carrier’s servers and to suppliers or affiliates that are contracted by Carrier and used to transmit, process, extract or store such Source Data for purposes of Carrier’s performance of the service in accordance with this Agreement. Once such data and information has been stored and/or transmitted to Carrier’s servers, Customer agrees that such data and information shall become part of Carrier’s database and therefore subject to the license terms under section 13.
15. DATA DELIVERY - During the term of the Agreement Customer shall (i) make reasonable efforts to ensure that the hardware remains powered on, (ii) avoid intentional action to impede, block or throttle collection and transmission of Source Data by Carrier, and (iii) avoid intentional action to disable, turn off, or remove the hardware without Carrier’s express written consent, which consent shall not be unreasonably withheld.
16. REVERSE ENGINEERING - Customer shall not extract,
decompile or reverse engineer any software in cluded with, incorporated in, or otherwise associated with the hardware and shall not reverse engineer any reports or analytics provided to or received by Customer from Carrier.
17. WAIVER OF DAMAGES - 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.
18. LIMITATION OF LIABILITY - Carrier’s maximum liability for any reason (except for personal injuries) arising from this Agreement shall not exceed the value of the payments received by Carrier under this Agreement.
19. 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 purchases or contract commitments made by Carrier and all other losses due to the cancellation incl uding a reasonable profit.
20. 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 thirty (30) days after hav ing 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 locations 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 costs performed by Carrier including overheads and a reasonable profit.
21. CARRIER TERMIN ATION - 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.
22. CLAIMS - Any lawsuits arising from the performance or nonperformance of this Agreement, whether based upon contract, negligence, strict liability or otherwise, shall be brought within one (1) year from the date the claim arose.
23. 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 Carr ier's commercial pricing policies and practices (which do not consider any special requirements of U.S. Government cost principles, FAR Part 31, 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 government procurement regulations, such as
Terms and Conditions of Sale – Equipment and/or Service 031521 Carrier Corporation 5
FARs or DFARs, shall apply to this Agreement except those regulations expressly accepted in writing by Carrier.
24. 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 Carrie r 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 perfor mance shall be extended accordingly, and Carrier shall be compensated for the delay.
25. WASTE DISPOSAL - Customer is wholly responsible for the removal and proper disposal of waste oil, refrigerant and any other material generated during the term of this Agreement.
26. 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. Orders shall be binding upon Carrier when accepted in writing by an authorized representative of Ca rrier.
CARRIER’S ACCEPTANCE OF CUSTOMER’S ORDER IS
CONDITIONED UPON CUSTOMER’S ACCEPTANCE OF THE
TERMS AND CONDITIONS SET FORTH HEREIN (THIS
“AGREEMENT”) AND CUSTOMER’S AGREEMENT TO BE
BOUND BY AND COMPLY WITH THIS AGREEMENT. THIS
AGREEMENT AND ALL REFER ENCED ATTACHMENTS
CONSTITUTE THE ENTIRE AGREEMENT BETWEEN CARRIER
AND CUSTOMER, AND NO AMENDMENT OR MODIFICATION
SHALL BE BINDING ON CARRIER UNLESS SIGNED BY AN
OFFICER OR AUTHORIZED EMPLOYEE OF CARRIER. THE
FAILURE OF CARRIER TO OBJECT TO PROVISIONS
CONTAINED IN ANY PURCHASE ORDER OR OTHER
DOCUMENT OF CUSTOMER SHALL NOT BE CONSTRUED AS
A WAIVER BY CARRIER OF THE TERMS IN THIS
AGREEMENT OR AN ACCEPTANCE OF ANY OF CUSTOMER’S
PROVISIONS. ANY CONFLICTING OR ADDITIONAL
TERMS OR CONDITIONS SET FORTH BY CUSTOMER IN A
PURCHASE ORDER OR OTHER DOCUMENT SHALL NOT
BE BINDING UPON CARRIER, AND CARRIER HEREBY
EXPRESSLY OBJECTS THERETO.
27. 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.
28. FOR WORK BEING PERFORMED 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.
29. INTELLECTUAL PROPERTY – Notwithstanding anything to the contrary stated herein, Carrier retains ownership of its intellectual property and no li cense to Carrier’s intellectual property is granted except as necessary for Customer to use any deliverables and/or services provided hereunder.
30. DATA PRIVACY – Carrier processes personal data in accordance with its privacy notice at Carrier.com. Each party will comply with applicable data privacy laws governing personal information collected and processed under this Agreement , including the California Consumer Privacy Act and the European General Data Protection Regulation, and take all reasonable com mercial and legal steps to protect personal data. If Customer provides Carrier with personal data, Customer will ensure that it has the legal right to do so, including notifying the individuals whose personal data it provides to Carrier. If a party colle cts or processes personal data from California residents under this Agreement, such party is a “Service Provider” under the CCPA, and will not sell or exchange such personal data for anything of value.
31. FACTORY ACCEPTANCE TESTS AND INSPECTIONS –
The nature and extent of factory acceptance tests or factory inspections, including without limitation, the number and identity of participants, locations visited, and activities undertaken, shall be limited to activities directly related to the performance of this Agreement. The tests or inspections will be subject to mutual agreement of the parties, Carrier policy and internal pre -approval requirements, and strictly comply with Customer’s policies as well as all applicable laws and regulations including, with out limitation, all applicable laws and regulations prohibiting corruption.
32. ANTI-DISCRIMINATION POLICY – The Carrier Fostering a Respectful and Safe Work Environment policy is incorporated into these terms via this link:
https://www.carrier.com/commercial/en/us/media/carrier-anti- discrimination-harassment-policy-02192021_tcm199-109848.pdf.
33. EQUIPMENT RENTALS – If all or a portion of this Agreement is for equipment rental, the Carrier Rental Systems Master Terms and Conditions – Rental, available at
https://www.carrier.com/rentals/en/us/rental-equipment/rental-forms/, shall apply to the rental equipment.
Quote #00681231
Address 2478 Peck Road
City of Industry, CA 90601
Phone (818) 652-2365
Fax (860) 998-7888
E-mail [email protected]
Contact Name Ziad Mazboudi
Account City of Monterey Park
Phone (626) 532-2018
Site Address
350 W. Newmark Ave,
Estimate Date
08/29/2022
Monterey Park, CA 91754
Quote Number 00681231
Job Description: Fire Station HQ - Replace (1) A/C Unit
Scope of Work
Furnish and install the following Air Conditioning Unit(s):
(1) Carrier Roof Top A/C Unit – 5 Ton
New unit to be reconnected to existing drain, gas and refrigerant lines Connect new unit to existing electrical with new service disconnects Connect new unit to existing ductwork
Install new economizer
Furnish and install smoke detector
Note: should smoke be detected, smoke detector will shut down A/C unit operation only. Smoke detector will not be wired to a FLS panel.
Provide (1) new digital thermostat
Haul away old equipment
Provide start-up and verify operation
Warranty: 90 days labor and 1 year parts
Equipment Lead time: currently 15 – 16 weeks
Exclusions / Clarifications
Exclusions: Overtime labor, permits, plan check submittal and review, MES engineering, Architecture, air balance, roofing, electrical panel upgrades, fire life safety work, equipment screen modifications, temporary cooling equipment, ADA upgrades, hazardous waste disposal, Any upgrades of cosmetics to the interior or exterior of walls, painting and patching, ductwork, registers, thermostat wire, duct & register cleaning, ceiling tile removal and reinstallation.
Clarifications: The following items are included - Crane services, Payment and Performance bonds, Certified Payroll and Disposal of old units
Payment Terms: 30% upon approval, 30% upon equipment arrival (riggers yard), 30% rough completion and 10% punch walk completion / final
Schedule: All schedules to be approved by City of Monterey Park prior to commencement of any work.
Bonds: To be provided upon award of project.
Total Quoted Price
Total Price for Scope of Work including applicable taxes:
$15,406.00
Quote #00681231
This proposal is valid for 30 days from the date of proposal. Carrier's terms and conditions will govern in lieu of any other terms and conditions contained in any resulting Purchase, Order, Contract, Agreement, etc. Carrier would like to thank you for the continuing opportunity to be of service.
Sincerely,
\oppid2\
Dan Marquez
Carrier Commercial Service
\n2\
\t2\
Title
\s2\
\d2\
\po2\
Customer Acceptance (signature)
Purchase Order
Date
This quote is valid for 30 days.
The attached Terms & Conditions shall govern.
Terms and Conditions of Sale – Equipment and/or Service 031521 Carrier Corporation 3
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, Customer shall pay Carrier any taxes or government charges arising from this Agreement. If Customer claims that any such taxes or government charges do not apply to the transactions governed by this Agreement, Customer shall provide Carrier with acceptable tax exemption certificates or other applicable documents. All past due invoices will accrue interest at the lesser of 1% per month or the maximum amount allowable by law.
2. EXTRAS - Equipment, parts or labor in addition to those specified in this Agreement will be provided upon receipt of Customer’s written authorization, paid for as an extra at Carrier’s prevailing labor rates and equipment/parts ch arges, 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 job 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, goods or other materials included in this Agreement and invoice Customer for such partial shipment.
6. DELAYS - Carrier shall not be liable for delays 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, acts of government, acts of ter rorism, fires, floods, epidemics, quarantine restrictions, freight embargoes, supplier delays, strikes, or labor difficulties (collectively “Force Majeure Events”). Carrier agrees to notify Customer in writing as soon as practicable of the causes of such delay. In the event that any materials or equipment to be provided by Carrier under this Agreement become permanently unavailable as a result of a Force Majeure Event, Carrier shall be excused from furnishing such materials or equipment.
7. WARRANTY - Carrier warrants that all equipment manufactured by Carrier 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 s ale, 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 transferrable manufacturer warranties for those products. Carrier warrants that all service provided by Carrier hereunder shall be performed in a workmanlike manner. In the event any such se rvice 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 components dur ing 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 pe rsons other than Carrier. THIS WARRANTY IS GIVEN IN LIEU 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 but not limited to, major repairs, are to be provided during Carrier’s normal working hours unless otherwise agreed.
9. 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 extraneous
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 Carr ier 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 m onitoring 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 start 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.
10. 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, boiler tubes, boiler refractory, disconnec t switches and circuit breakers. Carrier is not responsible for repairs, replacements, alterations, additions, adjustments, repairs by others, unscheduled calls or emergency calls, any of which may be necessitated by negligent operation, abuse, misuse, pri or 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, mi ldew, or bacteria, damage caused by power reductions or
Terms and Conditions of Sale – Equipment and/or Service 031521 Carrier Corporation 4
failures or any other cause beyond Carrier’s control. Carrier shall not be required to perform tests, install any items of equipment or make modifications that may be recommended or directed by insura nce companies, government, state, municipal or other authority. However, in the event any such recommendations occur, Carrier, at its option, may submit a proposal 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.
11. EQUIPMENT CONDITION & RECOMMENDED SERVICE
(Service Contracts only) - Upon the initial scheduled operating and/or initial annual stop inspection, should Carrier determine the need fo r 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 recommends certain services (that are not included herein or upon initial inspection) and if Customer does not elect to have such services properly performed in a timely fashion, Carrier shall not be responsible for any equipment or control failures, operability or any long-term damage that m ay 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.
12. PROPRIETARY RIGHTS (Ser vice 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 shall remain the personal proprietary property of Carrier. No devices installed, attached to real property or portable device(s) shall become a fixture of the Customer locations. Customer shall not acquire any interest, title or equity in any hardware, software, processes, and ot her intellectual or proprietary rights to devices that are used in connection with providing service on Customer equipment.
13. DATA RIGHTS (Service Contracts only) - Customer hereby grants and agrees to grant to Carrier a worldwide, non-exclusive, non- terminable, irrevocable, perpetual, paid-up, royalty free license to any Source Data, with the right to sub-license to its affiliates and suppliers for (i) Carrier’s performance of services pursuant to this Agreement, (ii) the improvement of Carrier services , and Carrier’s Analytics Platform; (iii) improving product performance, operation, reliability, and maintainability; (iv) to create, compile, and/or use datasets and/or statistics for the purposes of benchmarking, development of best practices, product improvement; (v) the provision of services to third parties, (vi) research, statistical, and marketing purposes, and/or (vii) in support of Carrier agreements.
Source Data – shall mean data that is produced directly from a system, or device and received at a collection point or a central server (e.g. a Carrier database, data lake, or third party cloud service).
Analytics Platform – shall mean server algorithms or web interface systems used to (i) interpret, convert, manipulate, or calculate data, (ii) perform data processing, and/or (iii) the delivery of data to Carrier, affiliates or suppliers of Carrier, and/or Customer.
14. RETURN OF DATA (Service Contracts only) - Customer understands and acknowledges that the portable devices will collect Source Data t hat will be stored on and/or transmitted to Carrier’s servers and to suppliers or affiliates that are contracted by Carrier and used to transmit, process, extract or store such Source Data for purposes of Carrier’s performance of the service in accordance with this Agreement. Once such data and information has been stored and/or transmitted to Carrier’s servers, Customer agrees that such data and information shall become part of Carrier’s database and therefore subject to the license terms under section 13.
15. DATA DELIVERY - During the term of the Agreement Customer shall (i) make reasonable efforts to ensure that the hardware remains powered on, (ii) avoid intentional action to impede, block or throttle collection and transmission of Source Data by Carrier, and (iii) avoid intentional action to disable, turn off, or remove the hardware without Carrier’s express written consent, which consent shall not be unreasonably withheld.
16. REVERSE ENGINEERING - Customer shall not extract,
decompile or reverse engineer any software in cluded with, incorporated in, or otherwise associated with the hardware and shall not reverse engineer any reports or analytics provided to or received by Customer from Carrier.
17. WAIVER OF DAMAGES - 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.
18. LIMITATION OF LIABILITY - Carrier’s maximum liability for any reason (except for personal injuries) arising from this Agreement shall not exceed the value of the payments received by Carrier under this Agreement.
19. 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 purchases or contract commitments made by Carrier and all other losses due to the cancellation incl uding a reasonable profit.
20. 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 thirty (30) days after hav ing 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 locations 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 costs performed by Carrier including overheads and a reasonable profit.
21. CARRIER TERMIN ATION - 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.
22. CLAIMS - Any lawsuits arising from the performance or nonperformance of this Agreement, whether based upon contract, negligence, strict liability or otherwise, shall be brought within one (1) year from the date the claim arose.
23. 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 Carr ier's commercial pricing policies and practices (which do not consider any special requirements of U.S. Government cost principles, FAR Part 31, 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 government procurement regulations, such as
Terms and Conditions of Sale – Equipment and/or Service 031521 Carrier Corporation 5
FARs or DFARs, shall apply to this Agreement except those regulations expressly accepted in writing by Carrier.
24. 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 Carrie r 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 perfor mance shall be extended accordingly, and Carrier shall be compensated for the delay.
25. WASTE DISPOSAL - Customer is wholly responsible for the removal and proper disposal of waste oil, refrigerant and any other material generated during the term of this Agreement.
26. 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. Orders shall be binding upon Carrier when accepted in writing by an authorized representative of Ca rrier.
CARRIER’S ACCEPTANCE OF CUSTOMER’S ORDER IS
CONDITIONED UPON CUSTOMER’S ACCEPTANCE OF THE
TERMS AND CONDITIONS SET FORTH HEREIN (THIS
“AGREEMENT”) AND CUSTOMER’S AGREEMENT TO BE
BOUND BY AND COMPLY WITH THIS AGREEMENT. THIS
AGREEMENT AND ALL REFER ENCED ATTACHMENTS
CONSTITUTE THE ENTIRE AGREEMENT BETWEEN CARRIER
AND CUSTOMER, AND NO AMENDMENT OR MODIFICATION
SHALL BE BINDING ON CARRIER UNLESS SIGNED BY AN
OFFICER OR AUTHORIZED EMPLOYEE OF CARRIER. THE
FAILURE OF CARRIER TO OBJECT TO PROVISIONS
CONTAINED IN ANY PURCHASE ORDER OR OTHER
DOCUMENT OF CUSTOMER SHALL NOT BE CONSTRUED AS
A WAIVER BY CARRIER OF THE TERMS IN THIS
AGREEMENT OR AN ACCEPTANCE OF ANY OF CUSTOMER’S
PROVISIONS. ANY CONFLICTING OR ADDITIONAL
TERMS OR CONDITIONS SET FORTH BY CUSTOMER IN A
PURCHASE ORDER OR OTHER DOCUMENT SHALL NOT
BE BINDING UPON CARRIER, AND CARRIER HEREBY
EXPRESSLY OBJECTS THERETO.
27. 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.
28. FOR WORK BEING PERFORMED 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.
29. INTELLECTUAL PROPERTY – Notwithstanding anything to the contrary stated herein, Carrier retains ownership of its intellectual property and no li cense to Carrier’s intellectual property is granted except as necessary for Customer to use any deliverables and/or services provided hereunder.
30. DATA PRIVACY – Carrier processes personal data in accordance with its privacy notice at Carrier.com. Each party will comply with applicable data privacy laws governing personal information collected and processed under this Agreement , including the California Consumer Privacy Act and the European General Data Protection Regulation, and take all reasonable com mercial and legal steps to protect personal data. If Customer provides Carrier with personal data, Customer will ensure that it has the legal right to do so, including notifying the individuals whose personal data it provides to Carrier. If a party colle cts or processes personal data from California residents under this Agreement, such party is a “Service Provider” under the CCPA, and will not sell or exchange such personal data for anything of value.
31. FACTORY ACCEPTANCE TESTS AND INSPECTIONS –
The nature and extent of factory acceptance tests or factory inspections, including without limitation, the number and identity of participants, locations visited, and activities undertaken, shall be limited to activities directly related to the performance of this Agreement. The tests or inspections will be subject to mutual agreement of the parties, Carrier policy and internal pre -approval requirements, and strictly comply with Customer’s policies as well as all applicable laws and regulations including, with out limitation, all applicable laws and regulations prohibiting corruption.
32. ANTI-DISCRIMINATION POLICY – The Carrier Fostering a Respectful and Safe Work Environment policy is incorporated into these terms via this link:
https://www.carrier.com/commercial/en/us/media/carrier-anti- discrimination-harassment-policy-02192021_tcm199-109848.pdf.
33. EQUIPMENT RENTALS – If all or a portion of this Agreement is for equipment rental, the Carrier Rental Systems Master Terms and Conditions – Rental, available at
https://www.carrier.com/rentals/en/us/rental-equipment/rental-forms/, shall apply to the rental equipment.
8/16/22, 3:09 PM Registrations
https://cadir.secure.force.com/ContractorSearch/registrationSearchDetails?id=a1Rt00000048ZGPEA2 1/2 Contractor Information
Legal Entity Name
CARRIER CORPORATION
Legal Entity Type
Corporation
Status
Active
Registration Number
1000017325
Registration effective date
07/01/22
Registration expiration date
06/30/23
Mailing Address
5900 Northwoods Business Parkway Suite B Charlotte 28269… Physical Address
2478 PECK RD. CITY OF INDUSTRY 90601 CA United States o… Email Address
[email protected]
Trade Name/DBA
CARRIER CORPORATION
License Number (s)
CSLB:499642
CSLB:499642
Registration History
Effective Date Expiration
05/08/18 06/30/19
05/03/17 06/30/18
05/05/16 06/30/17
07/20/15 06/30/16
03/30/15 06/30/15
07/01/19 06/30/20
07/01/20 06/30/22
07/01/22 06/30/23
Legal Entity Information
Corporation Entity Number: C0922837
Federal Employment Identification Number:
President Name: Christopher Nelson
Vice President Name:
Treasurer Name: Patrick Goris
Secretary Name: Will Langston
CEO Name:
Agency for Service:
Agent of Service Name: CT Corporation System
Agent of Service Mailing Address: 330 North Brand Blvd., Suite 700 Glenda Worker's Compensation
Do you lease employees through Professional Employer Organization (PEO)?: No Please provide your current worker's compensation insurance information below:
PEO Information
PEO
Name
PEO
Phone
PEO
Email
8/16/22, 3:09 PM Registrations
https://cadir.secure.force.com/ContractorSearch/registrationSearchDetails?id=a1Rt00000048ZGPEA2 2/2 Insured by Carrier
Policy Holder Name: CARRIER C
Insurance Carrier: AIU Insura
Policy Number: 05824006
Inception date: 12/01/20
Expiration Date: 12/01/22
City Council Staff Report
DATE: September 7, 2022
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Steve Sizemore, Interim Director of Community Development SUBJECT: Inclusionary Housing Ordinance Discussion Item RECOMMENDATION:
It is recommended that the City Council:
1. Receive and file this report;
2. Provide feedback and direction to staff on potential standards and issues to consider when drafting an inclusionary housing ordinance; and
3. Taking such additional, related action that may be desirable.
EXECUTIVE SUMMARY:
Inclusionary housing ordinances are adopted by cities to encourage the production of affordable units in new housing developments. This is accomplished by two methods, or a combination of methods: (1) require actual construction of affordable units; and/or (2) pay an in-lieu fee to the city that is commensurate with the cost of a new unit. For option #2, fees are usually consolidated into an affordable housing trust fund. Those monies may then be leveraged by the city to help pay for affordable housing in other projects.
The in-lieu fee is generally calculated based upon the difference in price between an affordable housing unit and the sell price of a market rate unit. The Housing Element for the City of Monterey Park requires that the City Council consider an inclusionary housing ordinance before the end of this year.
BACKGROUND:
The City adopted the 2021-2029 Housing Element of the General Plan on January 19, 2022. As part of on-going efforts to address housing for all income levels, the Housing Element contained a program for the City to develop an inclusionary housing program that provides a balance between facilitating market-rate residential development and promoting affordable housing through a mixture of actual development (e.g., constructing affordable housing as part of a market-rate residential development) and in-lieu fees that can provide financial incentives for affordable housing developers. This discussion item is intended to enable the City Council to offer direction to staff to craft an inclusionary housing ordinance that is suited to the City’s needs.
New Business - 5A
Staff Report
September 7, 2022
Staff is bringing forward options that will help tailor the ordinance to the Monterey Park community to have an effective inclusionary housing program. The presentation will outline various options related to the ordinance which will be discussed, and then presented in ordinance form to the Planning Commission and City Council for final approval. Upon approval by the City Council, the inclusionary housing ordinance will become effective 30 days after adoption.
FISCAL IMPACT:
None, staff time and resources will be absorbed into the Department Budget.
Respectfully submitted by: Prepared by:
Steve Sizemore
Interim Director of Community
Development
Jessica Serrano,
Planning Manager
Approved by: Reviewed by:
Ron Bow
City Manager
Karl H. Berger
City Attorney