1 Mechanical Services
5890 Owens Drive
Pleasanton, CA 94588
510 346 4300
March 11, 2026
Jimmie J. Zhou, PE, TE
Associate Engineer, City of San Pablo Public Works
1000 Gateway Avenue
San Pablo, CA 94806
Subject : San Pablo Senior Center – Equipment Procurement.
Dear Jimmie,
We appreciate the opportunity to provide you with a proposal and pricing to procure equipment for future project at 1943 Church Ln, San Pablo. The following scope of work is to be performed on straight time.
MECHANICAL SCOPE OF WORK:
ACCO includes the following scope of work:
• Purchase three (3) new Heat Pump LG units and deliver to job site. o (3) M#ZRUM060GSS0, 5 Ton Outdoor CU, 208V/ 1Ph/ 60Hzo Unit – R32 Refrigerant. o (3) M#ZRNU543NCAA 5.0 Ton Vertical/Horizontal Air Handler Fan Coil Indoor Unit o (3) PREMTBVC2 BACnet Capable Tstats
• Deliver equipment to jobsite.
• This proposal DOES NOT include labor.
CLARIFICATIONS:
• Equipment is currently IN STOCK . Allow 2 weeks for shipment. • This proposal is based upon a consistent and even flow of work, without multiple mobilizations, once a schedule has been set.
• ACCO assumes unimpeded access to the area of work.
• ACCO typically meets all insurance requirements, and can forward all job-specific documentation upon award from our provider (AON).
• ACCO assumes that all existing controls are in proper working order and compatible with new unit including thermostats. This proposal does not include new control system, only disconnect and reconnect.
• ACCO will pass on equipment warranty from manufacturer. No additional warranty from ACCO is included in this proposal.
2 Mechanical Services
5890 Owens Drive
Pleasanton, CA 94588
510 346 4300
EXCLUSIONS:
• This proposal excludes any labor.
• After hours delivery.
• Any labor or materials not specifically mentioned in this proposal
PRICING:
The following pricing is contingent on all scopes b eing acceptable at the same time. Pricing may be affected should partial scope be accepted and the A CCO project manager should be contacted for updates to the proposal and pricing.
Equipment .................................................................................................................... $ 32,362.00
This proposal supersedes any previous versions. Pr icing can be considered firm for thirty (30) days f rom the date of this proposal. If you have any questions please don’t hesitate to call.
Respectfully,
ACCO Engineered Systems, Inc.
Bryden Connel
Project Manager
(925) 993-7348 Cell
[email protected]
Terms and Conditions
1 . All work shall be performed during normal working h ours unless otherwise stated herein.
2 . ACCO Engineered Systems agrees to maintain in full force and effect a Workmen’s Compensation Insurance policy and a Compr ehensive Liability Insurance policy in substantial amounts to protect all parties to this agreement, furnishing certificates of insurance, if required by Buyer. 3 . Buyer shall prepare the premises to permit free mov ement and erection of materials, providing necessary openings, supports, cutting, patching, necessary public utility and steam services, and pa y all fees in accordance with codes and ordinances unless otherwise indicate d in this Bid Contract. 4 . In the event that the Seller encounters any asbesto s product or material in the course of performing its work, the Seller shall have the right to immediately discontinue its work and remove its emp loyees from the project, or that portion of the project wherein suc h product or materials were encountered, until such time as any hazards connect ed therewith are abated, encapsulated or removed and/or it is determined tha t no hazard exists; further, Seller shall receive an extension of time to complete its work and compensation for delays encountered and compensatio n for any change in the sequence of method or its work occasioned as a consequence of said encounter.
5 . ACCO Engineered Systems extends manufacturer's stan dard warranties on all new equipment, misuse or abuse excepted, for a period not to exceed one year from date of first beneficial use, which s hall be defined as the Start- up Date. ACCO Engineered Systems guarantees most, b ut not all, repaired materials, parts and labor for a period of ninety ( 90) days from the date of first beneficial use. There are no warranties, expr essed or implied, other than the above unless so noted herein.
Seller shall not be liable for any consequential da mages including, but not limited to, liquidated damages, loss of rent, inter est expense, extended overhead or any other delay damages of any kind, na ture or description. It is expressly understood and agreed that the only liabi lity of Seller is to replace defective workmanship or material as herein above s et forth. 6 . ACCO Engineered Systems will not replace any refrig erant loss caused by defects in the equipment, material, parts, or wo rkmanship furnished under this contract. Replacement of refrigerant due to fa ilure or defects of items furnished by Seller is not included as a part of th is agreement. 7 . ACCO Engineered Systems shall not be liable for the corrosive or erosive action of liquids and/or gases upon the equ ipment specified and no part of such equipment shall be deemed defective by reason of its failure to resist physical or chemical action of such elements or items upon such equipment.
8 . This agreement shall not be binding until duly acce pted by an authorized officer of ACCO Engineered Systems. No person has a uthority to make or claim any representation, warranty, term, promise, or condition, expressed or implied, statutory or otherwise, which is not expre ssed herein. This agreement constitutes the entire agreement between the parties and supersedes and revokes any previous agreement, writ ten or oral, with respect to the labor and equipment covered hereby and may n ot be amended or modified except in writing executed by the parties hereto. 9 . Under no circumstances shall the liability of Selle r arising out of the sale or erection of the equipment hereunder, or arising out of its use, whether on warranties or otherwise, in any case exceed the les ser of the following: (a) Cost of correcting defects in the equipment or work manship; or (b) the difference in value between the installation as ins talled and the cost of the original installation thereof, if installed strictl y as in the contract documents set forth. And in no event shall any claims be made by either party against the other for consequential damages.
1 0 . The Seller shall not be bound by any plans and spec ifications or conditions, existing or otherwise, that have not be en presented to or delivered to it for the purpose of submitting this bid, nor shall the Seller be bound by any city ordinances, State laws or other g overnmental regulations not in effect at the time of submitting this bid, o r which had become obsolete and which no longer was enforced by such public bod y enacting the same.
11.The Seller shall be excused for any delay in com pletion of this Bid Contract caused by acts of God, including but not l imited to, wind, rain, flood, storm, landslide, subsidence and earthquake; acts of neglect of owner or architect or by any employee or agent of either; acts of neglect of separate contractors employed by owner; acts of public utili ties or governmental or public bodies or their agents; material shortages; labor trouble, labor slowdowns; strikes; union activity causing a reduct ion in productivity; fire; casualty; delay in transportation; changes ordered in the work; failure of Buyer to make payments to Seller as required under this Bid Contract, or other causes beyond the reasonable control of Selle r, any of which shall automatically entitle Seller to reasonable or neces sary extensions of the completion date of the work and to an equitable adj ustment of the contract price to compensate Seller for all costs and expens es of additional labor, service, equipment or material and extended overhea d resulting from any such delay.
If any of the materials specified are not readily a vailable, the Seller may substitute equally efficient materials or fixtures of generally similar character in lieu of the equipment, materials or fi xtures specified, and it shall allow any differential between the original cost of the materials specified and the materials furnished.
In the event of inability to obtain labor at union scale or without paying a premium above such scale, Seller may delay performa nce until same shall be obtainable without premium payment or at the option of the Buyer the latter may require the use of materials or labor requiring the payment of such excess cost, but upon condition that the Buyer shal l pay such excess
12. No additional work will be performed unless it is a uthorized in writing by the Buyer. If the Buyer refuses to sign a writte n work authorization or change order for the extra work, Seller reserves th e right to refuse to perform the extra work.
13. Should either party hereto bring suit in court to e nforce the terms hereof, any judgment awarded shall include court co sts and reasonable attorney’s fees to the successful party.
14. Seller assumes no responsibility for the design on those jobs where Seller prepares working or shop drawings from desig ns furnished by others.
Seller assumes no responsibility whatsoever for des ign or operative end result under any contract unless there is affirmati vely stated on the obverse side of this Bid Contract, a direct undertaking on Seller’s part so to do.
15.Seller may suspend further performance under thi s Bid Contract upon three (3) days written notice to the Buyer in the e vent the Buyer is in breach of this Bid Contract for breach other than non-paym ent. Notice need not be given if work is suspended due to non-payment or du e to the failure of the Buyer to pay for change orders as provided herein. In the event Seller elects to suspend performance, Seller shall be entitled to remobilization costs, including profit and overhead, upon the Buyer bring ing payments current or issuing proper change orders for extra work. Such c osts will equal actual losses sustained by Seller in terminating and resta rting work.
16. This contract is entered into upon the understandin g that in the prosecution of any work herein specified Seller wil l be allowed sufficient time for the performance of said work on the basis of a normal eight-hour day, and in the event that Buyer or any subcontract or require Seller to perform such labor on an overtime basis, then such additional expense of every kind and character as Seller may be required to incur on account of said overtime labor, shall constitute an additional charge herein.
17. It is agreed that Buyer is to provide without cost to Seller, proper hoisting conveyances and scaffolding (including the use of e ngineer) at times so as to not delay Seller’s part of the work, unless otherwi se indicated in this proposal.
18. Any loss or damage to Seller’s work, materials or e quipment occurring at the site of the project occasioned by fire, flood, earthquake, windstorm, riot or civil commotion shall be protected by Builders R isk Insurance procured by the contractor or owner without cost to Seller a nd Seller shall receive a proportionate share of the amount of any payment lo ss under any such policy or policies according as Seller’s interest m ay appear.
19. Notwithstanding any provision in the plans, specifi cations, contract between prime contractor and owner, general conditi ons, or any contract documents executed by and between contractor and ow ner having to do with the subject now stated, Seller shall not be liable for the cost of correcting defects occasioned by the acts or omissions of empl oyees of other subcontractors, the prime contractor, owner or any segregated contractor, to work performed by Seller. Before Seller proceeds wi th any corrective work to repair such damage, the prime contractor, or oth er person contracting with Seller in this Bid Contract, shall give Seller an u nqualified instruction to proceed with the work upon their responsibility to compensate Seller therefore as an extra.
20. The Seller expressly reserves the right to assign a ll or any portion of its rights and/or duties under this Bid Contract with o r without notice to the Buyer herein.
21. In the event of a conflict between the terms and co nditions of this Bid Contract and terms and conditions stated in the pla ns and specifications, or any other contract document, including the prime co ntract between owner and prime contractor, the terms of this Bid Contrac t shall govern.
22. If, in Seller’s opinion, Buyer’s credit becomes imp aired, Seller may, at its option, suspend work and deliveries under this cont ract until it has received full settlement or security for services rendered a nd is satisfied as to Buyer’s credit for further shipments. If Buyer fails or ref uses to make such payment, or give such security, then the full amount due und er this contract at such time, for labor and material and/or equipment furni shed shall immediately become due and payable and Seller shall have the ri ght and the option to terminate this agreement. In the event that a suspe nsion of this contract is required because of Buyer’s doubtful credit, an ext ension of the time fixed for the performance of this contract equal to the t ime of such suspension, shall automatically occur. If legal action is filed to effect collection of any sums due hereunder, Seller shall be entitled to rea sonable attorney fees in addition to all other damages found to be due hereu nder.
Confidential and Proprietary – ACCO Engineered Syst ems 2016