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12-109 Service Station System Agreement, Furnish and Installation of Wayne Reliance AST Fuel OCT-8-2012 01:34P FROM:CITY OF CLPERTINO 4087773399 TO:92136011 P.2/11 fo6PPI- AG ' ' 114,1 BETWE ' I +1.1' r R i. I l► SER k_ STA 0 h./V Cr ' H S - TIoN OF WAYNE RELIANCE AST ' L DISPENSER, \/ 7A'.3 1 THIS AGREEMENT, for reference dated, 8/21/12_is by and between CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and Service Station Systems Inc., a California corporation whose address is 680 Ouizm Ave. San Jose, CA 95112 hereinafter called the Contractor, and is made with reference to the following: RECITALS: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as It is now being conducted under the Constitution and the statutes of the State of California and the Cupertino Municipal Code. B. City and Contractor desire to enter into an agreement for the furnishing and installation of a Wayne Reliance Fuel Dispenter it the Cupertino Service Center,10515 Mary Ave. Cgyertino. CA 950 , in accordance with the proposal dated July 16, 2012. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. : The Contractor shall begin work within thirty (30) calendar days after receiving new "Wayne Reliance Fuel Dispenser" at your office and notice from the Mt. Director of Public Works/Street Dept. Supervisor to commence the work.and shall diligently prosecute the work to completion before the expiration of thirty(30)consecutive working days from the date of receipt of notice to begin work. 2. SERVICUMBE PERFORMED: Contractor agrees, at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, and to do all work strictly in accordance with the proposal dated July 216.2012 hereby referred to and expressly made a part hereof with the same force and effect as if the same were fully incorporated herein. 3. COMPENSATION TO Ci r1TRACTOR: Contractor shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Contractor's proposal, which is attached hereto as Exhibit "A" and incorporated herein by this reference. Payment will be made in the same manner that claims 1 OCT-8-2012 01:35P FROM:CITY OF CUPERTINO 4087773399 T0:92136011 P.3,11 of a like character are paid by the City,with•:hecks drawn on the treasury of the City,to be taken from the general fund. 4. TIME IS OF THE ESSENCEL Contractor and City agree that time is of the essence regarding the performance of this Agreement. 5. STANDARD OF CARE: Contractor agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with City. 6. INDEPENDENT PARTIES: City and Contractor intend that the relationship between them created by this Agreement is that of employer-independent contractor. The manner and means of conducting the work are under the control of Contractor,except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Contractor's services. None of the benefits provided by City to its employees, including but not limited to unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to Contractor, its employees or agents. Deductions shall not be made for any state or federal taxes,FICA payments,PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Contractor. Payments of the above items,if required,are the responsibility of Contractor. 7. IMMIGRATION REFORM mrp C`Q QL 4CT(LRCM: Contractor assumes any and all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder,pursuant to all applicable IRCA or other federal, or state rules and regulations. Contractor shall indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Contractor. 8. NON-DISCRIMINATION: Consistent with City's policy that harassment and discrimination are unacceptable employer/employee conduct, Contractor agrees that harassment or discrimination directed toward a job applicant, a City employee, or a citizen by Contractor or Contractor's employee on the basis of race, religious creed, color, national origin, ancestry, handicap, disability, marital status,pregnancy, sex,age,or sexual orientation will not be tolerated. Contractor agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 9. HOLD HARMLESS: Contractor shall, to the fullest extent allowed by law, indemnify, defend, and hold 2 OCT-B-2012 01:36P FROM:CITY OF CUPERTINO 4087773399 TO:92136011 P.4/11 harmless the City and its officers, officials,agents, employees and volunteers against any and all liability, claims, stop notices, actions, causes of action or demands whatsoever from and against any of them, including any injury to or death of any person or damage to property or other liability of any nature, arising out of, pertaining to, or related to the performance of this Agreement by Contractor or Contractor's employees, officers, officials, agents or independent contractors. Contractor shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole negligence or willful misconduct of City, its agents or employees. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. Contractor agrees to obtain executer indemnity agreements with provisions identical to those set forth here in these sections from each and every subcontractor or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this agreement. If Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. 10. INSURANCE: On or before the commencement of the terms of this Agreement, Contractor shall furnish City with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs 10A,B, C and D. Such certificates, which do not limit Contractor's indemnification, shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof~ the insurer affording coverage shall provide thirty (30) days' advance written notice to the City of Cupertino by certified mail, "Attention:City Manager." It is agreed that Contractor shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an Insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted with the insurance certificates. A. CO'VERA : Contractor shall maintain the following insurance coverage: (1) Workers' Comnnnsaf g r: Statutory coverage as required by the State of California. (2) Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: $1,000,000 each occurrence $2,000,000 aggregate-all other Property Damage: $500,000 each occurrence 3 OCT-8-2012 01:36P FROM:CITY OF CUPERTINO 4087773399 TO:92136011 $1,000,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of $2,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automobile liability coverage in the following minimum limits: Bodily injury: $500,000 each occurrence Property Damage: $500,000 each occurrence or Combined Single Limit: $1,000,000 each occurrence B. SUBROGATION WAIVER; Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance. C. FAILURE TO .CURE: If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Contractor's name or as an agent of the Contractor and shall be compensated by the Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid. D. ADDITIONAL INSURED: City, its City Council, boards and commissions,officers, employees, and volunteers shall be named as an additional insured under all insurance coverages, except worker's compensation insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium,deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. E. SUFFICIENCY OF INSURA NC T• The insurance limits required by City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor's insurance broker to determine adequate coverage for Contractor. 11. BONDS: Contractor is not required to provide bonds. 12. PROHIBITION AGAINST TRANSFEI?S: Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any 4 OCT-8-2012 01:37P FROM:CITY OF CUPERTINO 4087773399 TO:92136011 P.6/11 interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so without said consent shall be null and void, and any assignee,sublessee,hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money by Contractor from City under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to City by Contractor. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Contractor is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Contractor, shall be construed as an assignment of this Agreement Control means fifty percent (50%) or more of the voting power of the corporation. 13. SUBCONTRACTOR APPROVAL: Unless prior written consent from City is obtained,only those people and subcontractors whose names are listed in Contractor's bid shall be used in the performance of this Agreement Requests for additional subcontracting shall be submitted in writing,describing the scope of work to be subcontracted and the name of the proposed subcontractor. Such request shall set forth the total price or hourly rates used in preparing estimated costs for the subcontractor's services. Approval of the subcontractor may, at the option of City, be issued in the form of a Work Order. In the event that Contractor employs subcontractors, such subcontractors shall be required to furnish proof of workers'compensation insurance and shall also be required to carry general and automobile liability insurance in reasonable conformity to the insurance carried by Contractor. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement. 14. PERMITS AND LICENSES: Contractor, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses, including a City Business License, that may be required in connection with the p rformance of services hereunder. 15. Rte: Each and every report, draft,work product,map,record and other document reproduced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Agreement shall be the exclusive property of City. Consultant may retain a copy of any report furnished to the City pursuant to this Agreement No report, information nor other data given to or prepared or assembled by Contractor pursuant to this Agreement shall be made available to any individual or organization by Contractor without prior approval by City. Contractor shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. 5 OCT-8-2012 01:38P FROM:CITY OF CUPERTINO 4087773399 TO:92136011 P.7/11 16. RECORDS: Contractor shall maintain complete and accurate records with respect to sales, costs, expenses,receipts and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. AU such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to such books and records to the representatives of City or its designees at all proper times, and gives City the right to examine and audit same,and to make transcripts there from as necessary, and to allow inspection of' all work, data, documents, proceedings and activities related to this Agreement Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three(3)years after receipt of final payment. If supplemental examination or audit of the records is necessary due to concerns raised by City's preliminary examination or audit of records, and the City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal finnnris+l controls, or other breach of contract or failure to act in good faith, then Contractor shall reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit 17. NOTICES: All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified,addressed as hereinafter provided. All notices,demands,requests, or approvals from Contractor to City shall be addressed to City at: City of Cupertino 10555 Mary Avenue Cupertino CA 95014 Attention: Chris Mertens/Roger Lee All notices, demands,requests,or approvals from City to Contractor shall be addressed to Contractor at: 680 Quinn Ave. San Jose,CA 95112 Attention: Diane Moran 18. URBAN RUNOFF MANAGEMENT: The Contractor shall avoid creating excess dust when breaking asphalt or concrete and during excavation and grading. If water is used for dust control, contractor shall use as little as necessary. Contractor shall take all steps necessary to keep wash water out of the streets, gutters and storm drains. The Contractor shall develop and implement erosion and sediment control to prevent 6 OCT-8-2012 01:39F FROM:CITY OF CUPERTINO 40E777.sse9 TO:92136011 P.8/11 pollution of storm drains. Such control includes but is not limited to: A. Use storm drain inlet protection devices such as sand bag barriers, filter fabric fences, block and gravel filters. (Block storm drain inlets prior to the start of the rainy season (October 15), in site de-watering activities and saw-cutting activities; shovel or vacuum saw-cut slurry and remove from the site). B. Cover exposed piles of soil or construction material with plastic sheeting. All construction materials must be stored in containers. C. Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm drains prior to rain as well as at the end of the each work day. At the completion of the project, the street shall be washed and the wash water shall be collected and disposed of offsite in an appropriate location. 1). After breaking old pavement. Contractor shall remove all debris to avoid contact with rainfall or runoff. E. Contractor shall maintain a clean work area by removing trash,litter,and debris at the end of each work day. Contractor shall also clean up any leaks,drips,and other spills as they occur. The objective is to ensure that the City and County of Santa Clara County-Wide Clean Water Program is adequately enforced. These controls should be implemented prior to the start of construction, up-graded as required, maintained during construction phases to provide adequate protection,and removed at the end of construction. These recommendations are intended to be used in conjunction with the States Best Management Practices Municipal and Construction Handbooks, local program guidance materials from municipalities, Section 7.1.D1 of the Standard Specifications and any other appropriate documents on storm water quality controls for construction. Failure to comply with this program will result in the issuance of noncompliance notices, citations, project stop orders or fines. The fine for noncompliance of the above program is two hundred and fifty dollars ($250.00) per occurrence per day. The State under the Federal Clean Water Act can also impose a fine on the contractor,pursuant to Cal.Water Code '13385. 19. _TERM1lNATlQN: In the event Contractor fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Contractor shall be deemed in default in the performance of this Agreement. If such default is not coved within a period of two (2) days after receipt by Contractor from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Contractor written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven(7)days'prior written notice to Contractor as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 20. COMPLIANCES: Contractor shall comply with all laws, state or federal and all ordinances, rules and 7 OCT-8-2012 01:40P FROM:CITY OF CUPERTINO 40E37773399 TO:92136011 P.9/11 regulations enacted or issued by City. 21. CONFLICT OF LAW: This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Santa Clara,State of California. 12. ADVERTISEMENT: Contractor shall not post,exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from City to do otherwise. 23. : A waiver by City of any breach of any term, covenant, or condition contained herein, shall not be deemed to be a waiver of any subsequent breach of the same or any other team, covenant,or condition contained herein,whether of the same or a different character. 24. INTEGRATED CONTRACT: This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereo£ Any modification of this Agreement will be effective only by written execution signed by both City and Contactor. 25. SAFETY REOUIREMENT All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL-OSHA. City reserves the right to issue restraints or cease and desist orders to Contractor when unsafe or harmful acts or conditions are observed or reported relative to the performance of the work under this Agreement Contractor shall maintain the work sites free of hazards to persons and/or property resulting from his or her operations. Any hazardous condition noted by Contractor,which is not a result of his or her operations,shall immediately be reported to City. 26. HOvRS OF OPERATION Contractor shall be allowed to operate only for the hours of 7:00 a,sp.to 3:00 p,g,unless prior written approval has been secured from City to do otherwise. 8 OCT-8-2012 01:41P FROM:CITY OF CUPERTINO 4087773399 TO:92136011 P.i0/11 27. REOUIREMENT TO PAY PREVAILING WAGES Consistent with the City's policy to pay prevailing wage rates, Contractor shall comply with the City's Labor Compliance Program and all other requirements set forth in Labor Code section 1770 et seq. The City shall require payment of the general rate of per diem wages or the general rate of per diem wages for holiday and overtime work. Contractor will submit (monthly or biweekly) certified payroll records to the City for all employees and subcontractors in a',reapproved format or a City provided form. Any delay in remitting certified payroll reports to the City upon request from the City will result in either delay and/or forfeit of outstanding payment to Contractor. 28. INSERTED PROVISIONS: Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein,and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party. 9 OCT-8-2012 01:41P FROM:CITY OF CLPERTINO 4087773399 TO 92136011 P.11/11 o r? 1 29. CAPTIONS: The captions in this Agreement are for convenience only,are not a part of the Agreement and in no way affect,limit or amplify the terms or provisions of this Agreement. IN WITNESS WHEREOF,the parties have caused the Agreement to be executed on the day and year first above written. CONTRACTOR CITY OF CUPERTINO Service Station Systems Inc. A Municipal Corporation Abl ' tenance Inc. t 1 By , ., lay Title ` C�,d.�o\\��' Title`eilla• 0 , 1 0 • S Date ill( i . bi— Date ; 0/Z•S4 RECD R APP$�OV • lay �' Title ''� ,/ APPROVED APPROVEDff.TO FORM: City Attorney ATTEST;City_Clerk C ,v.crack 4✓ tck.) = f CCO Ytv�(o-�r5 'oyo 6lo - 88'tp - �� a3 9090, (930 - eg`to - 6A ).`i RR /7/tZ- 10 OCT-1-2012 08:0BA FROM:CITY OF CUPERTINO 4087773399 TO:92136011 P.24 I niOno&Wonar.lonla.ne Service Station Systems.Inc. QUOTATION A°rs "sne00a'° Able Malntananca,Inc. asc Ovine Ave Ben Jose.G 00117 4p&1/1.2448 DATE: O$02lf12 TO City of Cupertino QUOTE C 201208tito,1 10355 Mary Avenue Addendum Cupertino,CA 93014 Ana: Chris Mertens,Public Works Supervisor J40311.777a344•clvhmdheus.r5lo q SUBJECT:Remove and replace now Dress Pump on Abvre round Tank Owerdovs: Remove and IMUII new OWN Pump on Aboveground Te nr, unman , .w. r e00140,4 004100410440014 Wove Labors 14000 = t ROOM*miming Tuttle pump a t Inaba!new Diesel Pump,mounted on ski.of MT I Modify sonde l end and product line d 1 InsluN.i stblp hose,Mlle,blealuasan.retractor and filter assembly s I Porte and esabrsb diesel pump 7 e w ,. 12 to 14 TO }7 MM .s and egI1MMI1t■ .113, s 17 I Wayne?Ulf.ncs AST Fuel Dispenser rib Sbndsral Sedum end 10:1 pint opSOn I MIIIHW 70 21 sa sa ad Plasse ROW .lbb cannot be staled until Wayne Reim:Pump le Ordered and received In SOS San Jose Orrice. re 27 Notes and f sclssbnin ri Permlle. as Ailmtiours Work 9e D.dleeled fs.cNo*1*drib Jt 588 le not resooneltde tar ANY down able for the ate for sew reason. SICEMMISitgarlEA as Able Melydbnenee.Inc will be used a sub coneacbr on 6113)06 r.. ID J sa ;y iv Orr Poymset terms Om 111 a UaslaneNbeRbd Noon o. MAO 9almwlo's,*OW used astir soon aot mom anode kW."isedaniw ago Sao 1141 R 10101101 1AA M.Yrd w O.OW wow. Teettag Quiso.wsrbda0ds awaorosse motto wanr$sRSee 1.Slimbw••wb.wra.MdwaawYl.a..ae.NMYYwspMieaetltubad.vdkpol►w&rikdw+ a.cwt.ewkrrwtoonot Arm ono w stoma&rood ma ND 40044 M4 01016614 41440 44100084 Wood.ussisilwAss rdko tee&da•wIWII►+wow Q M*sort afb.M b&wMtwpwwisraba4 el M No woods w•pa•itOlp mnl.b biome As wakes 41s.N.l.awdlasso.s eas*per Artois oriel on* w ww.dsK woos. nor wow osywni*W Maud wart Rs 4satwo.o: Syetea,Upgrades Sumo Mao bone to amt crone the a beset los dower of Palk Mddens draw M ba ammo!foibles ardt.stow ososto aaawdtuow wladwdmAI Nemo.edlb.d••.wren woes*a batkaliea Mew.Itolo rd war 1woino Mod loos wwt mama amid.d u+wlW bloods a..N4001 N 1011811 1N1 t a wwsnd pond demo esMidwwe.dines NIwl pollo:wlalmmlm8 monad priori am meow brio eon KU nod oho MenadIwur span presso ds;uOremad* GA LION*,486164 1 of 3 OCT-1-2012 08:09A FROM:CITY OF CUPERTINO 4087773399 TO:92136011 P.3'4 DAT13: 03121112 QUOTES m13DShie11 fl40 00015 VAUD FOR MO DAVIS ISIOM11.016 OF Qt10TA1101w. 1. QUOTATtONTAWdS&CONDITIONS 1 ft Upd.nteod and Rimed that Sarver kolas Systuma,boo(-WW1**d not be liable to to movo et eCeirlamorl eat$33.Woetdno to whisk that Tsar &Coodtmu an meshed end mad.a pat be ell purposes,bat as least dews"or dear a mouloned by an,strafes,or realm erten.Rlr delivery upon pnwuea, leelcoes ere of Clod,et be pu*keenamy,maidens beyerMs.weather.Sonde,their*ewbreoes,seen Meet to earerwl eeereaeke,our or es otter ems beyond de cannol of 33$.Priest Lead td the Oration ere Heed open mewl plies work pardstad dualne never bursae horns and epos the wadies tut the Quotation will be seeped addle 40 dap. Promos tales ell apply to et4 wait done euride ornatmat burner base reredtws resew My irlorerdull errors ars subject to sotreedoe vdla.t pesky to ASS.Lay tame bao.saeteol web those entad harp,cad any additional hiss,ebbe may be part erCoastmer'e purchase order or ay other docsaeeaabs provided by Customer,are hereby eeluawledeed by Crooner to be Nested by SSS fat uairantirsy sad will eel be bmae s. Upon samptanca by the Charmer,Me Qum*and as related paw tadror tpeellladons rimed lsbawaa SSS and tine tahew.erend apart by both pane;shell courts e.the suko aenesuetend deruiptien of wort le be pefmmed Madman oar*SSS nor Cymru wWU be bred by any ant rapt ores or other staleear or my red made kr sty penal. The pngam will be serrated soaring to peen and tpsdberioes which bare bra anustu.d by be Omens and ere bee been or will be dpaud by both SSS end Customer Ssoepts spretdy provided in S below,as work not wooly dumbed at the Qntetouat.iaatedies and dewrsins rid any rated threat wadi,ea warded,and so ether pryer warp Sad be pattwned wars peter woes auto rraadon of bah ASS and Cura er as may be prowled en e err'e Seep enter Maim dreribte;tie stun pant Indlerns the pia Strad abated wet. i Th.Cueiael prise le brad en the tbihcabdg mewl aanapeene(m;h the the pays Se end Seeming had are not Sited pound re hardpan end the beenne aep.eilyorthe pared exceeds 1,000 pmede per spare bat and is ruble,ad conies no rock aeration erbouldes(b)that there ere ea eerie twin, pipe those,tembeie,Weenie Mae;trishaw Ins or wry ocher aloe femme other ern thaw indicated co lie der,(iii)One ao aderresed we sulks wear mediums will Stabs wilt floe wwk sod(hr)that no embargo aaelnealne will to required. If arty elite elle redress should vary Rom be eboveseant teua rtgwwe add/boael work er matrials to sampler the wort under be Comest,sword ord Mlle Curator order rmdll and wont,SSS eitd be paid Iv sea as aped upon m the street dolts order. 0. Tb.Comes pair ebd sot inked.Boar and diebwraeraa resod for Arming prier or Yaws%or soarer pdterreedne*aired by pvernmeagl areas or say ober public(err god.peb3gl aagherfle,.arse epeoifady taeluded.The Customer*tell pap emeeamentssad ohrpr ragaiad by eaenw.nhl spooks or ay ether purr for quu4.publk0 adtarom,and say%Melee,for tbrame or repass be cost*teams arm dams,water mrvise, and ether errs.Including sewreed atoms barn riabummat deers revchdhes Red Slops end the SIw.AA part red plus prepanpa will be perronaed r 355'.rwmed tune and retrial rata ad ear mark ups.Peas rioted fore/sr end pro*owadmi M oily, 3. The Cuuuemr open that S93 way mmele ay shear in plans or oawvedon whir'may be rewired to co**an to nabs re amine budding eodae, ambit ardraeees,or edur regaaasat ariap.aang shay or quer-pubite adhaadee or ennaar wl.insist,*misty eowpaee.Adak*work required to ealbrm to such codes.adkwnae,orrognaemuiW rill be pad for by the Counter h,ddNirn te the a mbba.pries at$We rte indicated no an%peed rpm cheep over & SSP will only be eapomdbk lbr dotage is underpeuad amiss(.qer tsnh,pipe Anaa,aedtnds,rear*Sr.epdakke Una,ex.)**bey have beer properly and sechvate(y iedksted and amber ow eke plows prior to hi aces saeaveban. 7. The bblbdily of SSS for debar o mdNoprcui of renterrfls end equipment wadad Is Meuse to tea wuratis and gamemtees or* maeiietmwe endror mpg*of add materiels emd/or egsipwal,ALL OTHER WARRANTIES AM GUARANTIES,WN6f 6R RXPRESS,IMPLIED OR STATUTORY,ARS iffiREBY DISCLAIMED,IINCLIIINNOTED IkIPUSD WARRANTIES OF MERCHANTABILITY AND PrnUf38 FORA PARTICULAR PtAIPOSIL rG AR edema ern don time are bead on equipment perbtwuen as publerted by Is ssppplir or waahwearr.SSS will sot he held Rabe for delays eelndl of 3338 woml.Curlers ma be*able for haws in wisest Oaths*whleb will be phftumed at SW.etswerliwe rod watm[d rstm end Deµ mark ape Salt shall mat be bed liable far say lost of roar or revues bored by Mire watt deevtbed to di is getable. 0. k pis aver of esnnMeties by Cures of bill Control,Customer arse Is reverse SSS for ell terrorism*ties tend by 3SS te ante into thh COmnat.bwhrdhe SSS'.spasm to pnpre ore Qumran,airs S311'e mead mart up. 10. Deleted l I. Conifer pp m*dew be Ass and rouble ea provided me the Camden. Passer of soy uldhional work is hie ups presentment of S3Sb emotes,ht the sat sty earnest is not made as swilled.SSS way at in epees dodo"the entre Sires owls immediately am end payable to Sri,sad may atop war soul NS payment le made. Ceetomur sense a pay I urn..thug.of I MINI Math a dl wades aaolb wail paid to Is-avaht coy ponies or di d a etcavet romaine orpsi4 00 days titer bilkq,Customer IMO per all Gear of wilaaini,feekdhng reasonable ettoougfa bee l3 hard CA Lloon0$446184 2 of 3 QUOTE t tot208Meii 1J. aura 14. ores 13. YON,proposed scope Owe*seder this Contract m pending semoval Alm way bat a site BoardmaW er npwlmr gtawan the able of Cahn"wirer doe Padre BPA,iaalalllmd hot salimited te the Cily mater Comer lira,&Min&.tlseuieal.Piwmbbd,or llevilenesta al Hoek lApenseapa ad toy ball AQtdD,and any nape or additive/0!embassies es tom be ordered by my suet reggimery or pubis entity 043 be moonily agreed span by customer end 886 se pet d■Amp order. IL. 388 painless the geshdy of the wotbaenship for a prod dean yen Amu the time of aanpiedea dirwa*Wswredmy is amlrad to wer*rramridr easy ad does net bwluk ay laten porn teetin0,doable iimoaug,or rapMamaad duly mash earee del lbw or Mid oedemata.My wpnnW Ibr new equipment and pap me ably bowman duo beyene w erof the oniemen and she matuleaw eftle pmpmam.Any seowat mods by Gss.Ae,haw aptoyase a-sea%fm 338 to raper to ranee any paw of etptgtmeet tar aq teeaoa Is the soil rdapmmlbliM ores eater tithe sergeant cod wdl be bend to Outrun at SSS'w in his and memoir("Tian lyre mnemt tams end malt spa. It ii do*reepaebila ar the maps son bayeemowo'of des eguepm cat to eudotend the was and median of say sad ill wrrawtaa for opOpnest.Castanet edm a'ledsse and ttdrsa that most maeth ntrr wwahsin do act kaki*any bar daps, IT. The omnpatibility deny equipment sad pas provided by QMtamerno the sole respen Abtlyef boar.Any replemmab tapers medtlleadaaq table aeomml,w addi1aad gempoosels a tuppisd a mum way Coaxed padded system eoapiibin whether new,end or miming excrement or pets,MME be Wiled to Outwear at 3331 watoe[T*I non din mepsrlsl$and matt-ups This nand bat is*slaked to payees name&ddmpatlbdIly.deeded cad pnobine r.gwirat.tm.Dade am.pliasen'Aare end progressing,seeldw or ay Ogee equipping ea pleat providedby 8S3 bs the Qecl dna or under a cheese coda.Addhtmul amps will be weeded 1st dalaya ietdudby boa eat Ihaliad to ao8wua maleeetbn.aawmk cuss esday or heelaadlce lames.PIP ad whir advanced epees prommenoing Is mmt.dad.Is m ebe slashes umpahabdtty e.ropy all enapeasinalesteine is eewarili part aaahsldaa Iearfad sue. ld I is do rommudhdby dcuateeoa,et use doe a mesas for enema Is made,o drmiss airegakmmeen tar haeiraeas,aderaseeets oaifation4p and Mg wages,reaming,or say and! es ranked by Cantear Dtrtre prdbrmdoce of the proposed work=complain with apple:de laws 538 m ay ropiest spies of amid et opaan plan testing raadlls,sadille Named=at say time during am prfermen s dfee preened resit.Patton to Medan n this informant my matt in addidoaal ahr6aa.Fibre to*seioa tale amdudae tut detettly idle d the penman fifths walk added b doe Cimomton may resift of oddrliandobrpe. t9. (bosom er mead de see guaranis pwsinstee malt.858 will make all remade amps to sahiaoe a paid tee d dm ems the tee is ptalhttged. This does sea imtads the repair or nple eaaentoday palm or wpm'Failed ants at the sale tepeawtlmlhty of Oneonta,wed rtgato mode dating tamed will be biked 4 USN unmet ThM an pica materials and oakum Phil mated den oast ebb ewMida.YA iibtilamed at 08d,tr 1 b Culikoee s wen mpaadbINy and e8 beaten for mans work to due at the time dmvoko Test oaks uaJ nor be mimed or pled with eapdatrd,aid so Ankle wort wan N peribrond by SUs,until thermos are mud to flip. 3o- AN Corona p snots will be COO unless provided Wawa by waning wan tress grssd re by ISS.Causem will pay any deposit maned Si leaded in dhelnetedon with she Miami due upon 0oopmllon of the wade(grin iondi slam or preens paean es described to the Qtwbdan). Use soden may bt died by 33$aweoy Caren wort.Lin mtlaees di be laud only upon tfid payment.Qaaalipm nay ar ntsy not i udude wales,on at aimllrteal tares. Ad epplu sbta whew tiee and may giber lane na wdi be added to 8IS Invoice 11, the Qaumloa all become a contraalbcawao the Awar aid 358 at the Mme it frseapted by Customer.Tin need lite Quotation and ear isio a bmdsag mate for thrwmt dpueifd therein Oalbmr ate sip blow. IJo wank will begin mad the lipid Qeo1Wa is received by 831.Cwawlledoe of IM Caaimct may matt le dorms to Outman for par laureate equipment,parts tmtackund.prat cad pmnddad endued the Ike A paths er all el'Crsteeoro depart may be awned for psyetaaf at IN lanlu■ed tutees 23. Pa•el Items?agonies to T&34 prang above,the Ries Shat each ad to Sdedute C deco A4ainienn ee and Rspaw Avowed bawaa 833 and Canner wad apply.IN the event this no such spaennant M In place,the following ones apply' Labor 5115.00 per buur(Premimn taut u 1.5x sod 3.0 a to applicable) Tomei: $135.00 per bar(Premium Rasta a 1.ia and 3.0 a as applicable) Mikap: 51.95 praAe PaAs biro Price 8abamtreel Coe+311% Rgwpment Santa junket.Rats TOACCBPT THE QUOTATIONTO W ICti TERSE TEEM ANC GbNDll1OldS An Art ARUM PLBAU DAMBAND SIObf WIISR8II1DICATED 313.036 Own Of orAatherhned Repo trentntiw: • etroot- (Pent Nan) Titles/ Udtat ,10_„l i o,j,80,C, 41.11-465 CA Unease 4851114 3 of