ProposalLicense #: 1033724Los Angeles Service CenterTo: Date:Site Name:Description:Phone:Email: Proposal #:Model:WMC060D Prepared For:
Phone (800) 928-1677
Steve Williams January 18, 2023Convention Center Deliver 1 WMC 330 ton Chiller [email protected] City Hall3900 Main St.Riverside, CA. 92501KPN091222-2Steve Williams of City of Riverside NSWC Mechanical Service (Daikin Authorized Factory Service) respectfully submits the following solution for your review and approval:
NSWC Mechanical ServiceDaikin Factory Service3325 E. La Palma AveAnaheim CA 92806
ProposalLos Angeles Service CenterThis proposal expires on:May 18, 2023$26,602.00 Tax$370,897.00 Total Cost *All billings are due immediately upon receiptAccepted By:Submitted By: Date:Date:Customer PO # : Proposal #January 18, 2023______________________________3325 E. La Palma AveAnaheim CA 92806Phone (800) 928-1677Daikin Factory ServiceKPN091222-2NSWC Mechanical ServiceNote: When issuing Purchase Orders or Service Orders, please issue to "NSWC Mechanical Service".(Signature)(Signature)Service Sales(Title) (Title)Steve WilliamsKevin Noonan(Full Legal Name of Customer) (Full Legal Name of NSWC Representative)Kevin NoonanRiverside City Hall NSWC Mechanical Service/Daikin Factory ServiceBilling/Payment Terms*: Billed in full, upon completionPricing and acceptance are based upon the Terms and Conditions which are attached.$344,294.00Three Hundred Forty Four Thousand Two Hundred Ninety Four Dollars and No CentsInvestment Amount and Billing Terms:Total Investment Required to Implement the Proposed Solution
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 limitatid or incurred by any such indemnified parties, based upon, arising out of or in any way relating to exposure to, handling of, or fees and expenses) suffered or incurred by any such indemnified parties, based upon, arising out of or in any way relating to exposure 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 completion 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. 1 1 . 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 . 1 2 . 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 . 1 3 . 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. 1 4 . 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. 1 5 . 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. 1 6 . NSWC Mechaards 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 ical 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. 1 7 . 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 attornresulting 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. 1 8 . 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.