Proposal
License #: 1033724 Los Angeles Service Center
To: Date:
Site Name:
Description:
Phone:
Email: Proposal #:
Model: WMC300D Prepared For: Steve Williams of City of Riverside NSWC Mechanical Service (Daikin Authorized Factory Service) respectfully submits the following solution for your review and approval:
NSWC Mechanical Service
Daikin Factory Service
3325 E. La Palma Ave
Anaheim CA 92806
Deliver 1 WMC 280 ton Chiller
951-704-6311
[email protected]
Riverside City Hall
3900 Main St.
Riverside, CA. 92501
KPN030821-1
Steve Williams October 27, 2022
Riverside City Hall
Phone (800) 928-1677
Equipment Proposal
One (1) Daikin Water cooled chiller
Model: WMC043DD
➢ High efficiency turbo core compressors with variable frequency drive ➢ Factory charged R-134A refrigerant
➢ Variable frequency drive capacity control
➢ Dule pass evaporator and condenser barrel
➢ BACnet Compatible
➢ Up to date OITS touch screen with articulating arm
➢ Startup of the unit once installed is included
➢ Shipping to first destination is included
Lead time
➢ Current equipment lead time is 20-22 weeks as of 9/1/2022. Lead time may vary depending on factory demand Warranty
➢ 5-Years parts and Labor on unit.
Proposal Exclusions
➢ Rigging or Installation is not included in this proposal ➢ Rigging or unloading of unit not included
➢ Terms and conditions other than those included in this proposal are not included and may cause proposal price changes. ➢ Refrigerant not included in warranty
Feel free to contact me if you have any questions or concerns regarding the information contained in this proposal. If you would like us to proceed with the solution presented above, sign the acceptance line below (including PO# if applicable) and return a copy by email so that we can begin to mobilize our efforts to complete the project as quickly as possible. We appreciate the opportunity to provide you with this solution and look forward to working with you on this and other projects in the future.
Sincerely,
NSWC Mechanical Service
Daikin Authorized Factory Service
Kevin Noonan
Kevin Noonan
Service Sales
Ph: 714-290-3314
Email: [email protected]
Certified Porposal Number: R200401-CA-317692
County of Riverside OMNIA Member ID: 1137772
Proposal is in accordance with Region 4 ESC contract # R200401 available via OMNIA Partners
Proposal
Los Angeles Service Center
This proposal expires on: November 14, 2022
$20,637.00 Tax
$227,011.00
$247,833.00
Total Cost
New Total Cost November 14th Due to Price increse
*All billings are due immediately upon receipt
Accepted By: Submitted By:
Date: Date:
Customer PO # : 214603 Proposal #
Total Investment Required to Implement the Proposed Solution Riverside City Hall NSWC Mechanical Service/Daikin Factory Service Billing/Payment Terms*: Billed in full, upon completion Pricing and acceptance are based upon the Terms and Conditions which are attached. $206,374.00 Two Hundred Six Thousand Three Hundred Seventy Four Dollars and No Cents Investment Amount and Billing Terms:
Steve Williams Kevin Noonan
(Full Legal Name of Customer) (Full Legal Name of NSWC Representative) Kevin Noonan
(Signature) (Signature)
Service Sales
(Title) (Title)
October 15, 2022______________________________
3325 E. La Palma Ave
Anaheim CA 92806
Phone (800) 928-1677
Daikin Factory Service
KPN030821-1
NSWC Mechanical Service
Note: When issuing Purchase Orders or Service Orders, please issue to "NSWC Mechanical Service".
NSWC Mechanical Service, LLC
TERMS & CONDITIONS
1. This Standard Service Proposal or Maintenance Agreement (hereinafter sometimes referenced as “Agreement”), upon acceptance by the Customer, is made solely on the terms and conditions hereof, notwithstanding any additional or conflicting conditions that may be contained in any purchase order or other form of Customer, all of which additional or conflicting terms and conditions are hereby rejected by NSWC Mechanical Service, LLC. Further, you acknowledge and agree that any purchase order issued by you in accordance with this Agreement will only establish payment authority for your internal accounting purposes. Any such purchase order will not be considered by us to be a counteroffer, amendment, modification, or other revision to the terms of this agreement. No waiver, alteration or modification of the terms and conditions herein shall be valid unless made in writing and signed by an authorized representative of NSWC Mechanical Service, LLC .
2. This Maintenance Agreement or Standard Service Proposal is subject to acceptance by the Customer within 30 days from date show on the quote, unless specified otherwise.
Prices quoted are for services, labor, and material as specified in this Proposal. If acceptance of this Maintenance Agreement or Standard Service Proposal is delayed or modified, prices are subject to adjustment.
3. Terms of payment are subject at all times to prior approval of NSWC Mechanical Service, LLC's credit department. Terms of payment are net 30 days upon receipt of invoice unless previously otherwise agreed in writing. Should payment become more than 30 days delinquent, NSWC Mechanical Service, LLC may stop all work under this Agreement or terminate this Agreement with five (5) days written notice to Customer. NSWC Mechanical Service, LLC reserves the right to add to any account outstanding more than 30 days service charge at 1 ½ per month or the highest rate allowed by law. In the event of default in payment, Customer agrees to pay all costs of collection incurred by NSWC Mechanical Service, LLC including, but not limited to, collection agency fees, attorney fees and costs, interest, court cost and service charges.
Additional services may be performed upon request at a price to be determined, subject to these Terms and Conditions.
4. In the event that Company determines during the first thirty (30) days of any Maintenance Agreement or upon seasonal start-up (discovery period) that any equipment covered under this Agreement is not serviceable in its current condition, as determined by Company in its sole discretion, Company shall inform Customer of the equipment condition. Company shall have no obligation to perform service or maintenance under this Agreement on any such equipment unless and until such time as the equipment is replaced or brought to a serviceable condition. Company shall not be liable for the costs or services required to repair or replace such equipment.
5. Any Maintenance Agreement price is subject to adjustment once each calendar year, effective on the anniversary date, for changes in labor, subcontractor and material costs. The customer shall receive forty-five (45) days prior written notice of such adjustment unless specifically excluded otherwise in writing.
6. A Maintenance Agreement may be terminated: (i) by either party upon the anniversary date hereof; provided however, that written notice of such termination must be given to the non-terminating party at least thirty (30) days prior to the anniversary date; (ii) by NSWC Mechanical Service, LLC upon five (5) days prior written notice to Customer, in the event that any sums or monies due or payable pursuant to this Agreement are not paid when due or in the event that additions, alterations, repairs or adjustments are made to the system or equipment without NSWC Mechanical Service, LLC's prior approval; (iii) by either party, in the event that the other party commits any other material breach of this Agreement and such breach remains uncured for ten (10) business days, after written notice thereof. If a Maintenance Agreement is terminated for any reason, other than a material breach by NSWC Mechanical Service, LLC , Customer shall pay, in addition to all sums currently due and owing, the entire remaining balance due for the term of the Maintenance Agreement, or an amount equal to time and materials expended for the year, whichever is less.
Notices required hereunder shall be sent via Certified U.S. Mail, Return Receipt Requested and provided that such notice is postmarked by the required date, such notice shall be deemed properly given.
7. Unless Customer provides appropriate documentation of tax exemption, Customer shall pay NSWC Mechanical Service, LLC , in addition to the contract price, the amount of all excise, sales, use, privilege, occupation or other similar taxes imposed by the United States Government or any other National, State or Local Government, which NSWC Mechanical Service, LLC is required to pay in connection with the services or materials furnished hereunder. Customer shall promptly pay invoices within 30 days of receipt. Should payment become more than 30 days delinquent, NSWC Mechanical Service, LLC may stop all work under this Agreement or terminate this Agreement as provided in the next paragraph.
8. Any and all costs, fees and expenses arising from or incurred in anticipation of any federal, state, county, local or administrative statute, law, rule, regulation or ordinance (collectively “Governmental Regulations”) directly or indirectly requiring that refrigerant other than the type of refrigerant currently being utilized in connection with the equipment subject to this Agreement be used, shall be borne solely by Customer. In this regard, NSWC Mechanical Service, LLC shall not be required to bear any expense in connection with the modification, removal, replacement or disposal of any refrigerant in response to any Governmental Regulation designed to reduce or eliminate the alleged environmental hazards associated with the refrigerant.
9. The contract price stated herein is predicated on the fact that all work will be done during regular working hours of regular working days unless otherwise specified. If for any reason Customer requests that work be performed other than during regular working hours or outside the scope of services specified hereunder, Customer agrees to pay NSWC Mechanical Service, LLC any additional charges arising from such additional services, including but not limited to premium pay, special freight or other fees or costs associated therewith.
10. Customer shall be responsible for all costs, expenses, damages, fines, penalties, claims and liabilities associated with or incurred in connection with any hazardous materials or substances, including but not limited to asbestos, upon, beneath, about or inside Customer’s equipment or property. Title to, ownership of, and legal responsibility and liability for any and all such hazardous materials or substances, shall at all times remain with Customer. Customer
shall be responsible for the removal, handling and disposal of all hazardous materials and substances in accordance with all applicable Governmental Regulations.
Customer shall defend, indemnify, reimburse and hold harmless NSWC Mechanical Service, LLC and its officers, directors, agents, and employees from and against any and all claims, damages, costs, expenses, liabilities, actions, suits, fines and penalties (including without li mitation, attorneys’ fees and expenses) suffere d or incurred by any such indemnified parties, based upon, arising out of or in any way relating to exposure to, handling of, or f ees and expenses) suffered or incurred by any such indemnified parties, based upon, arising out of or in any way relating to e xposure to, handling of, or disposal of any hazardous materials or substances, including but not limited to asbestos, in connection with the services performed hereunder. NSWC Mechanical Service, LLC shall have the right to suspend its work at no penalty to NSWC Mechanical Service, LLC until such products or materials and the resultant hazards are removed. The time for comp letion of the work shall be extended to the extent caused by
the suspension and the contract price equitably adjusted. NSWC Mechanical Service, LLC reserves the right to engage others in a subcontractor status to perform the work hereunder.
11. Customer agrees to provide NSWC Mechanical Service, LLC personnel with the usual required utilities (water, electricity, compressed air, etc.) and special tools and equipment normally used for such services unless restricted specifically in the quote. Customer agrees to ensure that sufficient service access space is provided. NSWC Mechanical Service, LLC shall not be held liable for failure or damage to any equipment caused by power interruptions, single phasing, phase reversal, low voltage, or other deficiencies beyond the control of NSWC Mechanical Service, LLC .
12. This agreement does not include responsibility for design of the system (unless specifically included), obsolescence, electrical power failures, low voltage, burned-out main or branch fuses, low water pressure, vandalism, misuse or abuse of the system(s) by others (including the Customer), negligence of the system by others (including the Customer), failure of the Customer to properly operate the system(s), or other causes beyond the control of NSWC Mechanical Service, LLC .
13. In the event that NSWC Mechanical Service, LLC is required to make any repairs and/or replacements or emergency calls occasioned by the improper operation of the equipment covered hereby, or any cause beyond NSWC Mechanical Service, LLC's control, Customer shall pay NSWC Mechanical Service, LLC for the charges incurred in making such repairs and/or replacements or emergency calls in accordance with the current established NSWC Mechanical Service, LLC rates for performing such services.
14. NSWC Mechanical Service, LLC shall not in any event be liable for failure to perform or for delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any Governmental Authority or of Customer, riot, war, embargo, fuel or energy shortage, wrecks or delay in transportation, inability to obtain necessary labor, materials, or equipment from usual sources, or due to any cause beyond its reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time of completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. If the materials or equipment included in this Proposal become temporarily or permanently unavailable for reasons beyond the control of NSWC Mechanical Service, LLC shall be excused from furnishing said materials or equipment and be reimbursed for the difference between cost of materials or equipment unavailable and the cost of an available reasonable substitute.
15. NSWC MECHANICAL SERVICE, LLC SHALL NOT IN ANY EVENT BY LIABLE TO THE CUSTOMER OR TO THIRD PARTIES FOR ANY INCIDENTAL,
CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PRODUCTION, LOSS OF USE OR LOSS OF PROFITS OR REVENUE ARISING FROM ANY CAUSE WHATSOEVER INCLUDING, BUT NOT LIMITED TO ANY DELAY, ACT, ERROR OR OMISSION OF NSWC Mechanical Service, LLC. IN NO EVENT WILL NSWC MECHANICAL SERVICE, LLC LIABILITY FOR DIRECT OR COMPENSATORY DAMAGES EXCEED THE PAYMENT RECEIVED BY NSWC MECHANICAL SERVICE, LLC FROM CUSTOMER UNDER THE INSTANT AGREEMENT.
16. NSWC Mechanical Service, LLC extends the manufacturer’s warranties on all parts and materials and warrants labor to meet industry standards for a period of thirty (30) days from the date performed, unless a longer duration is expressly stated elsewhere in this Agreement. NSWC Mechanical Service, LLC expressly limits its warranty on Customer’s Equipment to cover only that portion of Equipment which had specific service work done by NSWC Mechanical Service, LLC . These warranties do not extend to any Equipment or service which has been repaired by others, abused, altered, or misused, or which has not been properly maintained. THESE WARRANTIES
ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY AND FITNESS FOR SPECIFIC PURPOSE, WHICH ARE HEREBY SPECIFICALLY DISCLAIMED.
17. Each of us agrees that we are responsible for any injury, loss, or damage caused by any negligence or deliberate misconduct of our employees or employees of our subcontractors. If any of our employees or those of our subcontractors, cause any injury, loss or damage in connection with performing their duties under this agreement, the responsible party will pay for all costs, damages, and expenses, which arise. Each of us agrees to defend and hold harmless the other party, its officers, directors and employees, from and against all claims, damages, losses and expenses, including but not limited to attorney’s fees and court costs, arising out of or resulting from the performance of work hereunder, to the extent that such claim, damage, loss, or expense is caused by an active or passive act or omission of the indemnifying party or anyone directly or indirectly employed by that party, or anyone for whose acts that party may be liable.
18. This Agreement shall be binding upon and inure to the benefit of each party’s respective successors, assigns and affiliates. All parties consent to the personal jurisdiction of the federal and state courts within California, which shall have exclusive jurisdiction to adjudicate any dispute arising out of or related to this Agreement.