Resolution No. 8654
~
1
2
3
RESOLUTION NO. 8654
4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN EQUIPMENT PURCHASE AND PROFESSIONAL SERVICES
AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND AIR
CLEANING SYSTEMS, INC. FOR PLYMOVENT SYSTEMS FOR
FIRE STATIONS 1, 3 AND 4
5
6
7 WHEREAS, the City of Vernon has obtained funds from a FY2004
8 Assistance to Firefighter Grant No. EMW-2004-FG-OI016 for the
9 installation of PlymoVent Vehicle Exhaust Extraction Systems onto fire
10 apparatus in Fire Station Nos. 1, 3 and 4 for the purpose of protecting
11 personnel and the general public visiting the stations from the cancer
12 causing effects of vehicle exhaust emissions (collectively the
13 "Plymovent Systems"); and
14 WHEREAS, the purchase of the Plymovent Systems would enhance
15 the Fire Department's operation, thereby enhancing the services
l6 provided to citizens, residents and businesses within the Vernon
17 community; and
18 WHEREAS" Air Cleaning Systems, Inc. ("Air Cleaning Systems")
19 is the only vendor in Southern California that offers the Plymovent
20 Systems which are the standard for most fire departments and is the
21 system recommended by the National Fire Protection Association; and
22 WHEREAS, on February 2, 2005, the Finance Committee
23 considered the recommendation of Bruce V. Malkenhorst, Director of
24 Finance, dated January 20, 2005, that a contract be approved and
25 executed with Air Cleaning Systems for the Plymovent Systems using the
26 grant funds; and
27 WHEREAS, the City Council of the City of Vernon has
28 determined that, pursuant to the provisions of subsection (a) of
1 Section 2.27 of the Vernon City Code, it is in the public interest and
2 necessity to enter into a contract with Air Cleaning Systems for the
3 purchase of the Plymovent System to enhance services provided to the
4 Vernon community.
5 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
6 CITY OF VERNON AS FOLLOWS:
7
SE~TION 1:
The City Council of the City of Vernon hereby
8 finds and determines that the recitals contained hereinabove are true
9 and correct.
10
SECTION 2:
The City Council of the City of Vernon hereby
II approves the Equipment Purchase and Professional Services Agreement
12 with Air Cleaning Systems, Inc., a copy of which is attached hereto as
13 Exhibit A and incorporated by reference.
14
SECTION 3:
The City Council of the City of Vernon hereby
15 authorizes the Mayor to execute said Agreement for, and on behalf of,
16 the City of Vernon and the City Clerk is hereby authorized to attest
17 thereto.
18
SECTION 4:
The City Council of the City of Vernon hereby
19 directs the City Clerk, or his designee, to send one fully executed
20 Agreement to:
21
Air Cleaning Systems, Inc.
Attn. Jim Cleary
1966 W. Holt Avenue
Pomona, CA 91768
22
23
24
25
26
/ / /
/ / /
/ / /
/ / /
/ / /
27
28
- 2 -
1
SECTION 5: The City Clerk of the City of Vernon shall
2 certify to the passage of this resolution, and thereupon and
3 thereafter the same shall be in full force and effect.
4 APPROVED AND ADOPTED this 2nd day of February, 2005.
5
6
~~.~-
.y' EONIS C. MALB G, ~r
7
8
9
ATTEST:
4-- /~
10 BRUCE V. MALKENHORST, City Clerk
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 3 -
1 STATE OF CALIFORNIA
2
3
COUNTY OF LOS ANGELES
4
5
6
7
8
9
10
11
Vernon.
12
l3 (SEAL)
14
15
l6
17
18
19
20
21
22
23
24
25
26
27
28
ss
A-:/~
BRUCE V. MALKENHORST, City Clerk
- 4 -
EXHIBIT
A
EQUIPMENT PURCHASE AND PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made, entered into and executed in duplicate originals,
either copy of which may be considered and used as the original hereof for all purposes, as of
this _ day of February, 2005, in the City of Vernon, County of Los Angeles, California
BY AND BETWEEN
THE CITY OF VERNON, a municipal
corporation, hereinafter
referred to as the "City,"
4305 Santa Fe Avenue
Vernon, California 90058
AND
AIR CLEANING SYSTEMS, INC.,
hereinafter referred as the" Air Cleaning
Systems, "
1966 W. Holt Avenue
Pomona, CA 91768
. RECITALS
WHEREAS, the City's Fire Department has obtained funds from a FY2004
Assistance to Firefighters Grant No. EMW-2004-FG-01016 for the installation ofPlymoVent
Vehicle Exhaust Extraction Systems onto fue apparatus in Fire Station Nos. 1,3 and 4 for the
purpose of protecting personnel and the general public visiting the stations from the cancer
causing effects of vehicle exhaust emissions (collectively the "System"); and
WHEREAS, Air Cleaning Systems is the only vendor in Southern California that
offers the System which is the standard for most fire departments and is recommended by the
National Fire Protection Association; and
WHEREAS, Air Cleaning Systems submitted three (3) quotations for the System
as follows: Fire Station #1-J03-11354 dated December 6, 2004; Fire Station #3-J03-11355
dated December 6,2004; and Fire Station #4-J03-11358 dated December 6,2004 (collectively
the "Proposal"), a copy of which is attached hereto as Exhibit A and incorporated by reference;
and
WHEREAS, the Proposal includes a description of the equipment and services to
be performed by Air Cleaning Systems and the attendant costs; and
WHEREAS, Air Cleaning Systems has advised the City that it is qualified and
capable of providing the System and installation services described in Exhibit A and the City
desires to obtain the equipment and services of Air Cleaning Systems.
/1/
1//
1
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1.0 Purchase and Sale of the System and Scope of Services
1.1 Air Cleaning Systems agrees to sell, deliver and install the System, and the City
agrees to purchase the System as identified in Exhibit A and summarized below:
Fire Station #1 (3375 Fruitland Avenue. Vernon) - J03-11354: Straight Rail Systems
together with hose packs, exhaust fan, control box, uni-filter box and complete
installation, including silencer on blower, but excluding tail pipe modifications to
vehicles, electrical or pneumatic hook up and connection, any concrete pad, and any
permits or drawings. Any modification to Proposal will be an additional charge and
outside services such as structural engineering fees will be passed on at cost;
Fire Station #3 (2800 S. Soto. Vernon) - Job3-11355: Straight Rail Systems together
with hose packs, exhaust fan, control box, uni-filter box and complete installation,
including silencer on blower, but excluding tail pipe modifications to vehicles, electrical
or pneumatic hook up and connection, any concrete pad, and any permits or drawings.
Any modification to Proposal will be an additional charge and outside services such as
structural engineering fees will be passed on at cost; and
Fire Station #4 (4530 Bandini Blvd.. Vernon) - Job3-11358: Sliding Balancer Track
Systems together with exhaust fan, control box, uni-filter box and complete installation,
including silencer on blower, but excluding tail pipe modifications to vehicles, electrical
or pneumatic hook up and connection, any concrete pad, and any permits or drawings.
Any modification to Proposal will be an additional charge and outside services such as
structural engineering fees will be passed on at cost.
1.2 Delivery. Air Cleaning Systems shall obtain and sell and deliver the System at
the City of Vernon, F.O.R Job Site. Air Cleaning Systems is responsible for all costs of full
freight, including insurance, to Job Site. Risk of loss shall pass to the City upon delivery F.O.R
Job Site.
It is understood and agreed that in the event of a conflict between the Proposal and this
Agreement, the terms of the Agreement shall prevail.
2.0 Time of Performance
The performance of Air Cleaning Systems shall commence upon the signing of the
Agreement by both parties and shall end when Air Cleaning Systems has completed the work
according to the Proposal, unless the Agreement is otherwise terminated or extended upon
written agreement of both parties to this Agreement. Delivery is expected to be completed no
later than eight (8) weeks from the issuance of City's purchase order. Completion of the services
to be performed by the Air Cleaning Systems is expected to be no later than one hundred twenty
days (120).
/II
2
3.0 Contract Price
As full and complete compensation to Air Cleaning Systems for the timely, proper and
complete performance of all obligations relating to this Agreement, City shall pay Air Cleaning
Systems, subject to the additions and deletions expressly provided for in this Agreement, the
Contract Price set forth in Exhibit B.
4.0 Notices
All notices, approvals, consents and other communications between the parties shall be in
writing, and shall be sent by fax or by certified mail (return receipt requested) to the respective
addresses set forth below, or at such other address as may be furnished by either party to the
other in writing.
Air Cleaning Systems, Inc.
Attn: Jim Cleary
1966 W. Holt Avenue
. Pomona, CA 91768
909-629-3236
909-620- 7114
City - City of Vernon, California
Attn: Bruce V. Malkenhorst, City
Administrator/City Clerk
4305 Santa Fe Avenue
Vernon, California 90058
Fax: 323-826-1438
Telephone: 323-583-8811 ext 260
Fax:
Telephone:
5.0 Law and Arbitration
This Agreement shall be governed by the laws of the State of California. The parties
agree that any and all disputes arising out of or in relation to this Agreement, including without
limitation any action in tort, shall be resolved exclusively, finally and conclusively by arbitration
in Los Angeles County, California under the auspices of and pursuant to the rules of the Judicial
Arbitration & Mediation Services Inc. (JAMS). Each party will select an arbitrator. Those two
arbitrators will then select a third. The three member panel will make the fmal decision. All
decisions of the arbitrators shall be in writing, and the arbitrators shall provide written reasons
for their decision. The arbitration decision shall be fmal and binding on the parties.
Notwithstanding the foregoing, the parties shall be permitted to access the court system to
enforce any arbitration award or to obtain injunctive relief. The exclusive jurisdiction and venue
for any such action shall be the Superior Court of California, Los Angeles County. Any and all
contracts between Air Cleaning Systems and any subcontractor shall include the same arbitration
clause.
6.0 Entire Agreement
This Agreement shall be comprised of these signed business terms (Business Terms),
together with Exhibit A - The Proposal; Exhibit B - Compensation and Payment; Exhibit C -
Insurance; Exhibit D - General Provisions; and Exhibit E - Change Orders, which are all
attached. In the event of conflict between this Agreement and any of the exhibits, this
Agreement shall prevail. In the event of conflict between exhibits, the exhibits shall be
prioritized in the following order: Exhibit D first, then Exhibits C, B, A and E. This agreement is
the entire agreement of the parties, and supersedes all prior written and/or verbal
communications, proposals, notices of award, negotiations, understandings and agreements,
whether written or verbal, between the parties with respect to the subject matter dealt with in this
3
Agreement. Air Cleaning Systems expressly waives all claims for compensation based upon
quantum merit, implied contract or oral contract. Each party to this Agreement acknowledges
that no representations, inducements, promises or agreements, verbally or otherwise, have been
made by any party, or anyone acting on behalf of any party, which are not embodied in this
Agreement, and that no other agreement, statement or promise not contained in this Agreement
or a subsequent amendment or change order shall be valid or binding. No amendment or change
in the provisions of this Agreement shall be made, except in a formal written amendment signed
by Air Cleaning Systems and a corporate officer of City, or in a written change order. Each
party represents and warrants that it has read and fully familiarized itself with this Agreement,
and that such party has been fully authorized to sign this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
by and through their authorized officers on the date, month and year first written above.
Air Cleaning Systems, Inc.
City of Vernon
Name:
Title:
Name: Leonis C. Malburg, Mayor
Date:
Date:
Name:
Title:
Date:
ATTEST:
Bruce V. Malkenhorst, City Clerk
APPROVED AS TO FORM:
Eric T. Fresch, City Attorney
4
EXHIBIT
A
......... ......._l.-lllloLIIU ...., 1.0:1
~U9 629 3236
p.2
~&Ii
AIR CLEANING SYSTEMS
Specializing in Industrial Ventilation and Clean Air Solutions
Proposal
California License # 772590; Nevada license #56619
TO: City of Vernon
4305 SANTA FE AVE
VERNON CA 90058
LOCATION:
FIRE STATION # 1
3375 Fruitland Ave.
Vernon, Ca. 90058
APPUCATlON:
VEHICLE EXHAUST
A lTN: Debbie
PHONE NO.
323-583-8811 X511
QTY ITEM NO.
2 STRA 90-2
(4 vehicles)
PROPOSAL DATE
December 6, 2004
DESCRIP'IlON
Pl YMOVENT STRA-90-2 STRAIGHT RAIL, includes 90' of extruded aluminum rail & 180' of
silicone tip coated lip material for each system, Hydraulic End Shock,SWivel Safety Disconnect,
Manual Fill Valve, and complete pneumatic circuit for passive release. Also includes all necessary
support legs, braces and brackets, filterldryer regulator with automatic drain & four (4) tail pipe
adapters for tailpipes.
FAX NO.
323-826-1433
EXPIRATION DATE
January 5, 2005
. ,
PROPOSAL NO.
J03 - 11354
UNIT PRICE AMOUNT
10,717.00 21,434.00
2 HOSE PACK
#2
(2 vehicles
each bay)
1 TEV 550-60
PL YMOVENT STRA Hose Pack #2 includes:
(2)-4.' Internal Crab wlRegulator and Balancer
(2)-4" x 25' Hose Assembly
(2f 4" x 2' lower hose Assy inclUding Safety Disconnect and & 6.26" Grabber
(2)-STRA- Magazine Pack #1 & 200' COiled Airline
8,512.00 17,024.00
PL YMOVENT TEV-559~ 5 hp, single phase Radial Exhaust Fan rated @ 2000 CFM @ 8- w.g.
at 3450 rpm, 2OB-220V, 1 PH 60HZ '
2,056.00 2,056.00
NOTE: The fan size Will accommodate a minimum of four (4) vehicles.
/1
I
!
05-3 PL YMOVENT OS-3 Engine Sensor Control Box, 208-230 volt, 1 phase for 5 hp fan. To include
pressure sensors for fan activation by vehicle exhaust, aU necessary motor starters and timer.
1,186.00
1,186.00
4505-1011 PL YMOVENT UNI-AL TER BOX with pressure switch gauge. Includes 98% efficient particulate
filter, & 2" thick aluminum mesh pre filter. Typically filter change id required 1-2 times per year
depending on the station.
1,500.00
1,500,00
CONTINUED ON NEXT PAGE
Electrical or pneumatic connection, hook-ups, or fire suppression. BY OTHERS
PERMITS required to Instan or operate, or any concrete oad are responsibility of BUYER
INSTALlATION, IF QUOTED. WEEK-DAYS. NORMAL BUSINESS HOURS
SUBMITTED BY: JIM CLEARY
SUBTOTAL
$43,200.00
DEUVERY TIME
6-8 Weeks ARO
F.O.B. POINT
JOB SITE
PAYMENT TERMS
Plymovent material on delivery, balance due @ completion of each station
Acceptance of Proposal: The above pricing, specifications,
terms and conditions are satisfactory and are hereby accepted.
You are authorized to do the work as outlined above.
SIGNATURE:
DATE:
1966 W HOLT AVENUE POMONA, CA 91768 (909) 620-7114 FAX: (909) 629-3236
325 S. 3RD ST. SUITE 1-171. LAS VEGAS, NV 89101 (BOO) 998-1974 FAX: (702) 382-7404
01/31/05 MON 18: 27 [TXlRX NO 5286) ~ 002
..-..... -____I.I'.LllU .::JI';:'
~u~ 629 3236
p.3
.IIE'1i'
AJR CLEANING SYSTEMS
Specializing in Industrial Ventilation and Clean Air Solutions
Proposal - Page 2
California Ucense # 772590; Nevada Ucense #56619
TO: CityofVemon
4305 SANTA FE AVE
VERNON CA 90058
A TTN: Debbie
PHONE NO. ,
323-583-8811 X511
FAX NO.
323-826-1433
I
LOCATION:
FIRE STATION #1
3375 Fruitland Ave.
Vernon, Ca. 90058
APPUCATION:
VEHICLE EXHAUST
PROPOSAL DATE , EXPlRAnON DATE
December 6 2004 Januarv 5 2005
I
PROPOSAL NO.
J03 -11354
QTY ITEM NO.
1 INSTALL
MATERiAlS
S1JB7CT;..\L ?ROM P';:,G:= C?-E:
~.:~.Soj2JD.~:r
DESCRIPTION
Installation materials including ducting, supports & misc. hardware.
UNIT PRICE AMOUNT
3.866.00 3,866.00
TAX
SALES TAX @ 8.250""
3,882.94 3,88294
1 INSTAlL INSTALLATION of the Plymovent system. lift and labor @ REGULAR fnon-orevailinQ) RATES. 17,592.0€ 17,592.0{
LABOR Tail pipe modification is the responsibility of others. Permits can be provided at costs plus $75 per
hour labor if required. Any modification to the above proposal as required by municipaflty will be at
an additional charge. Outside services such as structural engineering fees wiU be passed on at cost
Indudes silencer on blower.
EXCLUSIONS: (In adcfation to what is listed above)
1). Electrical hook up and connection from station source to supplied Plymovent OS-3 control panel
and from station source to suppUed Plymovent fan.
2). Permits or drawing$.
Electrical or pneumatic connection, hook-ups, or fire suppression. BY OTHERS
PERMITS required to instan or operate, or any concrete pad are responsibility of BUYER
INSTALLATION, IF QUOTED. WEEK-DA YS, NORMAL BUSINESS HOURS
SUBMITTED BY: JIM CLEARY
TOTAL
$68,541.00
DEUVERY TIME
6-8 Weeks ARO
F.O.B. POINT
JOB SITE
PAYMENT TERMS
PIymovent material on de/ivery, balance due @ completion of each station
Acceptance of Proposal: The above pricing. speclficatfons,
terms and conditions are satisfactory and are hereby accepted.
You are authorized to do the work as outlined above.
SIGNATURE:
DATE:
1966 IN. HOL T A VENUE POMONA, CA 91768 (909) 620-7114 FAX: (909) 629-3236
325 S. 3RD ST. SUITE 1-171, LAS VEGAS. NV 89101 (800) 998~1974 FAX: (702) 382-7404
01/31/05 MON 18: 27 [TX/RX NO 5286] @003
00'4.0. ".
~~~ va U~ UL:~tlp
"'r U1 04 08: 12p
AIR CLEANING SYS
909 629 3236
p.4
. .' ...
P.6
f
FIRE STATiON SELF-SURVEY DRAWING
FIRE DEPARTMENT: \Je ~ \A o\-"\. STA nON it: ,
STATION SURVEYOR : To.A~ H,...; ",:t_""' SURVEY DATE: ~-&.(-o<.(
NOTES: Drc....c....J \"'~ \ S "'-<loot +0 SCe>. te .. \\-e ~~~""-t'"~-.-e~"t S
\ ~lCA:te.. "'tL..c:'e""~~ srr~,^", -t"'e +c:" " e; plZ. -\- .:> -\"t.-.c:. G\.,.s-c.s+
"ppc:..r_..{.........s .....t...o\"'".
App- u--.- ^Pp_ D..O....
l' [~
J
~! ~~
.:Jl
<0 ,f t1> c.. ~
... - .I.
~ I&ll\.l 0:;-
j .s..
l t-
I-~ I
l1.E E O:V, f<<+~ ~
Tjl, .A.c.c.... .. @ T~4 .&<:.
<J;)
..
~ .....
~
"or "
..' -.II
..., ~
I v'
i,
. b
. ~rr' ~"'>c.. . Apr- ~~ng lAYOOTN$ been
PLYMOVENT~ Phone 800-998-1974 ~ IIn4 is tII. pI'Gfleftyal
P~Veal of FlA al S~. NJ
~ shaI not bo: d'sctoud ~ut
Fax 909-629-3236 Wrllfen consent to any 3M
Air Cleaning Systems .Email: jim@acs-<:al.com party
ql{
~
=--
- - - - - I
~U9 629 3236
J . ...., "'" L- '-. .. . .I. , 1 U ::J T ::;
.11&1
AIR CLEANING SYSTEMS
Specializing in Industrial Ventilation and Clean Air Solutions
p.S
Proposal
California Ucense # 772590; Nevada Ucense #56619
TO: City of Vernon Fire Department
4305 SANTA FE AVE
VERNON CA 90058
LOCATION:
FIRE STATION # 3
2800 S. SOTO
Vernon, Ca. 90058
APPLICATION:
VEHICLE EXHAUST
A TIN: Michael Wison
PHONE NO.
323-583-8811 X512
QTY ITEM NO.
1 STRA 55-2
I
I
1 HOSE PACK
#2
! (2 vehicles
one bay)
1 STRA 55-1
1 HOSE PACK
#1
(1 vehicle
one bay)
1 TEV 3110-60
OS-3
FAX NO.
323-82&.1407
PROPOSAL DATE
December 6, 2004
DESCRIPTION
PL YMOVENT STRA-55-2 STRAIGHT RAIL, includes 55' of extruded aluminum raB & 110' of
silicone tip coated lip material for each system, Hydraulic End Shock, Swivel Safety Disconnect,
Manual FlII Valve, and complete pneumatic circuit for passive release. Also includes all necessary
support legs, braces and brackets, filter/dryer regulator, & two (2) taD pipe adapters for tailpipes.
EXPlRA1lON DATE
January 5, 2005
PLYMOVENT STRA Hose Pack#I includes: (Rescue & Engine)
(2)-4" Internal Crab wlRegUlator and Balancer
(2)-4" x 25' Hose Assembly
(2)- 4" x 2' lower hose Assy inclUding Safety Disconnect and & 6.26" Grabber
(2)-STRA- Magazine Pack #1 &.100. Coiled Airline
PL YMOVENT STRA-55-1 STRAIGHT RAIL, includes 55' of extruded aluminum rail & 110' of
sicone tip coated lip materiaf for each system, Hydraulic End Shock, Swivel Safety Disconnect,
Manual Fill Valve, and complete pneumatic circuit for passive release. Also includes aN necessary
support legs, braces and brackets, filter/dryer regulator, & one (1) tail pipe adapter for tailpipe.
PL YMOVENT STRA Hose Pack#1 includes: (USAR)
(1)-4" Internal Crab wlRegulator and Balancer
(1)-4" x 25' Hose Assembly
(1)- 4" x 2' lower hose Asr;:f including Safety Disconnect and & 6.26" Grabber
(1)-STRA- Magazine Pack #1 & 100' CoYed Airline
PLYMOVENT TEV-3110-60 3 hp, three phase Radial Exhaust Fan rated @ 1500 CFM @6Dw.g.
at 3450 rpm, 208-220f240V, 3PH 60HZ
NOTE: The fan s;ze will accommodate a minimum ofthree(3) vehicles.
PL YMOVENT OS-3 Engine Sensor Control Box, 208-230 volt, 3 phase for 3 hp fan. To include
pressure sensors for fan activation by vehicle exhaust, aD necessary motor starters and timer.
CONTINUED ON NEXT PAGE
Electrical or pneumatic connection, hook-ups. or fire suppression. BY OTHERS
PERMITS required to instal or operate. or any concrete pad are responsibility of BUYER
INSTALLATlON,IF QUOTED. WEEK-DAYS, NORMAL BUSINESS HOURS
3UBMITTEO BY: JIM CLEARY
DELIVERY TIME
6-8 Weeks ARO
SUBTOTAL
F.O.B. POINT
JOB SITE
PAYMENT TERMS
PIymovent material on dellYery, balance due @ completion of each station
Acceptance of Proposal: The above pricing, speclfications,
terms and concIilions are satisfactory and are ~by accepted.
You are authoAzed to do the work as outlined above.
SIGNATURE:
DATE:
.
1966 W. HaL J A VENUE POMONA, CA 9178l:i (909) 62().7114 FAX: (909)' 829-3236
325 S. 3RD ST. SUITE 1-171. LAS VEGAS, NV 89101 (BOO) 998-1974 FAX: (102) 382-7404
I
PROPOSAL NO.
J03 - 11355
UNIT PRICE AMOUNT
8,163.00 8,163.00
8,512.00 8,512.00
8,163.00 8,163.00
4,256.00 4,256.00
1,550.00 1,550.00
1,150.00 1,150,00
$31,794.00
01/31/05 MON 18: 27 [TXlRX NO 5286] @005
-----,-
.....n.'-.IL-L-........l\.:J .::J'~
909 629 3236
p.G
.
~&Ii
AIR CLEANING SYSTEMS
Specializing in Industrial Ventilation and Clean Air Solutions
Proposal - Page 2
California Ucense # 772590; Nevada LiCense #56619
TO: City of Vernon Rre Department
4305 SANTA FE AVE
VERNON CA 90058
A TTN: Michael Wilson
PHONE NO. I
323-583-8811 X512
FAX NO.
323-826-1407
I
LOCATION:
FIRE STATION #3
2800 S. SOTO
Vemon, Ca. 90058
APPUCATION:
VEHICLE EXHAUST
PROPOSAL DATE , EXPIRATION DATE
December 6 2004 Januarv 5. 2005
I
PROPOSAL NO.
J03 - 11355
st;B.;O~;.~"- F:::Ofli1 P..!1G= or~~~:
f:~~J , ;'8..:.~ =:.
QTY rrEM NO.
1 4505-1011
DESCRIPTION
PI- YMOVENT UNI-FL TER BOX with pressure switch gauge. Includes 98% efficient particulate
filter, & 2" thick aluminum mesh pre filter. Typically filter change id required 1-2 times per year
depending on the station. Replacement filters are under $100
UNIT PRICE AMOUNT
1,500.00 1,500.00
1 INSTALL Installation materials inclUding ducting, supports & misc. hardware.
MATERIALS
3,000.00 3,000.00
TAX
SALES TAX@8.25%
2,994.25 2,994.2~
INSTALL INSTALLATION COMPLETE, Plymoventsystem, lift and labor@REGULAR (non-lnevailinQl
lABOR ~. Tail pipe modification is the responsibility of others. Permits can be provided at costs plus
$75 per hour labor if required. Any modification to the above proposal as required by municipality
will be at an additional charge. Outside services such as structural engineering fees wiD be passed
on at cost Includes silencer on blower.
12,373.75 12,373.75
EXCLUSIONS: (In addition to what is listed above)
1). Electrical hook up and connection from station source to supplied Plymovent 05-3 control panel
and from station source to supplied Plymovent fan.
2). Pennits or draWings.
Electrical or pneumatic connection. hook-ups, or fire sUDDression. BY OTHERS
PERMITS required to install or operate, or any concrete Dad are responsibility of BUYER
INSTALLATION, IF QUOTED, WEEK-DAYS, NORMAL BUSINESS HOURS
-c-
SUBMITTED BY: JIM CLEARY
TOTAL
$51,662.00
DELIVERY TIME
6-8 Weeks ARO
F.O.B. POINT
JOB SITE
PAYMENT TERMS
Plymovent material on delivery, balance due @ completion of each station
AccepCance of Proposal: The above pricing, specifications,
terms and conditions are satisfactory and are hereby a<:cepted.
You are authorized to do the work as outfjnedabo\le.
SIGNATURE:
DATE:
1966 W HOLTAVENUE POMONA. CA 91768 (909) 620-7114 FAX:(909) 629-3236
325 S. 3RD ST. SUITE 1-171, LAS VEGAS, NV 89101 (800) 998-1974 FAX: (702) 382-7404
01/31/05 MON 18:27 [TX/RX NO 5286] 141006
nar 01 04 08:42p
,.'f
I
I
(
\
3'1'
p'.3
I
VI~
FIRE STATION SELF-SURVEY DRAWING.
ARE DEPARTMENT: '1 e. to- "" C> '^ t=" \ v-e.. .STATION#: "3
STATION SURVEYOR: Todd PQ.~ ""-to,,, SURVEY DATE: ~ - 4-0'-1
NOTES: D W'c...M.J \ "" j , S .""ot +- s c:..c.. \e. .
APr" /'< P r.
t Oc~...... . , 000... l
l I .
I
~ I-
0 ...
i: ..' I( ,
ill ~, ~cv.. !'- :;:
IA~ R.....t.^ '.a I~
l(J
'K:-
.
IJSAI
(t:j)
Ci> .c::;- I,. .~ ... "'"'
'"
.~
x
'" III
1
-<
1\ ;,
u
0
? ~
:?:
.~ . I
.
This ~ lAYOUT ha$1leen
PLYMOVENT~ Phone 800-998-1974 ~ IlId Is the plopeft)' 01
PIymoVcnl of f"LA of $aRsoQ. NJ
aM $/IalI noll>e l'isclosed wiItlOllt
Fax 909-629-3236 written consent to 8/'Iy 3'"
Air Cleaning Systems Email: jim@~cs-eal.com patty
---... ---........,'-=1 ~J~
:::1U::J oeS 3236
p.8
..IIrl
AIR CLEANING SYSTEMS
Specializing in Industrial Ventilation and Clean Air Solutions
Proposal
Califom;a license #- 772590; Nevada Ucense #56619
TO: City of Vernon Fire Department
4305 SANTA FE AVE
VERNON CA 90058
LOCATION:
FIRE STATION #4
4530 Bandini Blvd.
Vemon,Ca.90058
APPUCATION:
VEHICLE EXHAUST
A TTN: Michael Wilson
PHONE NO.
323-583-8811 X512
QTY ITEM NO.
2 SBTA21-B
PROPOSAL DATE
December 6, 2004
DESCRFTlON
PI. YMOVENT SBT A-21-B Sliding Balancer Track (Single Track, One Vehicle each bay); includes
20' box-lock track for each system; complete with 25' of 4- diameter yellow & black hose,
"GRABBER' Nozzle, SWivel Safety Disconnect, Manual fiB Valve, and complete pneumatic circuitfor
passive release. Also includes all necessary support legs, side braces and brackets, filter/dryer
regulator, & two (2) PlymoVent tail pipe adapters for vehicle tailpipes.
FAX NO.
323-826-1407
EXPIRATION DATE
January 5, 2005
PROPOSAL NO.
J03 - 11358
UNIT PRICE AMOUNT
3,298.00 6,596.00
TEV 359-60 PL YMOVENT TEV~-60 2 hp, three phase Radial Exhaust Fan rated @ 1000 CFM @ 6- w.g. at
3450 rpm, 208-220V, 3PH 60HZ
1,500.00
1,500.00
05-3
PL YMOVENT OS-3 Engine Sensor Control Box, 208-230 volt, 3 phase for 3 hp fan. To include
pressure sensors for fan activation by vehicle exf:1aust, aU necessary motor starters and timer.
NOTE: The fan size wi/I accommodate a minimum oftwo(2) vehicles.
1,150.00 1,150.00
1 4505-1011 PL YMOVENT UNI-FIL TER BOX with pressure switch gauge. Includes 98% efficient particulate
filter, & 2' thick aluminum mesh pre filter. Typically filter change id required 1-2 times per year
depending on the station. Replacement filters are under $100
1,500.00 1,500.00
1 INSTALL Installation materials including ducting, supports & misc. hardware.
MATERiAlS
1,800.00 1,800.00
CONTINUED ON NEXT PAGE
Electrical or pneumatic connection, hook-ups, or fire suppression. BY OTHERS
PERMITS required to Install or operate, or any concrete Dad are responsibility of BUYER
INSTALlATION, IF QUOTED. WEEK-DAYS. NORMAL BUSINESS HOURS
SUBMITTED BY: JIM CLEARY
SUBTOTAL
$12,546.00
DELIVERY TIME
6-8 Weeks ARO
F.O.B. POINT
JOB SITE
PAYMENT TERMS
Plymovent material on defwery, balance due @ completion of each station
Acceptance of Proposal: The above pricing, specifications,
teems and conditions are satisfactoIy and are hereby aocepted.
You are authorized to do the work as ouUined above.
SIGNATURE:
DATE:
1966 W HOLT AVENUE POMONA, CA 91768 (909) 620-7114 FAX: (909) 629-3236
325 S. 3RD ST. SUITE 1-171. LAS VEGAS. NV 89101 (BOO) 998-1974 FAX: (702) 382-7404
01/31/05 MON 18: 27 {TX/RX NO 5286] I4J 008
-- --.. --,
......, -..................CJ ~I,;:)
::JU::J 029 3236
p.9
Mr.
AIR CLEANING SYSTEMS
Specializing in Industrial Ventilation and Clean Air Solutions
Proposal - Page 2
California license If. 172590; Nevada License #56619
TO: city of Vernon Fire Department
4305 SANTA FE AVE
VERNON CA 90058
A TIN: Michael Wilson
PHONE NO. f
323-583-8811 X512
FAX NO.
323-826-1407
I
LOCATION~-
RRE STATION #4
4530 Bandini Blvd.
Vernon, Ca 90058
APPUCATlON:
VEHICLE EXHAUST
PROPOSAL DATE I EXPIRATION DATE
December 6 2004 Januarv 5. 2005
I
PROPOSAL NO.
J03 -11358
SU81.0TAi.. :=ROr;.,~ PH,3=: 0:\13:
;;'i2.S::3.JS
QTY ITEM NO.
1 TAX SALES TAX @ 8.25%
DESCRIPTION
UNIT PRICE AMOUNT
1,035.04 1,035.04
INSTALL INSTALLA noN COMPLETE, Plymovent system, lift and labor @ REGUlAR (non-Drevailina)
LABOR RATES. Tail pipe modification is the responsibility of others. Permits can be provided at costs plus
$75 per hour labor if required. Any modification to the above proposal as required by municipality
will be at an additional charge. Outside services such as structural engineering fees wiH be passed
on at cost Indudes silencer on. blower.
4,609.96 4,609.96
EXCLUSIONS: (In addition to what is listed above)
1). Bectrical hook up and connection from station source to supplied Plymovent OS-3 control panel
and from station source to supplied Plymovent fan.
2). Permits or drawings.
Electrical or pneumatic connection, hook-ups, or fire suppression. BY OTHERS
PERMITS required to instal or operate, or any concrete Dad are responsibility of BUYER
INSTALLATION. IF QUOTED, WEEK-DAYS, NORMAL BUSINESS HOURS
SUBMITTED BY: JIM CLEARY
TOTAL
$18,191.00
DElIVERY llME
6-8 Weeks ARO
F.O.B. POINT
JOB SITE
PAYMENT TERMS
P1ymovent material on delivery, balance due @ completion of each station
Acceptaoce of PrQPOSaI: The above pricing, specifications. SIGNATURE:
terms and conditions are satisfacto!y and are hereby accepted.
You are authorized to do the work as outlined above. DATE:
1966 w.: HOLT AIlENUEt:'OMONA, CA 91768 (909) 620-7114 FAX: (909) 629-3236
325 S. 3RD ST. SUITE 1-171, LAS VEGAS, NV 89101 (800) 998-1974 FAX: (102) 382-7404
01/31/05 MON 18: 27 [TX/RX NO 5286] @009
.;;;JU~ D~~ ::r~::rD
p.9
Har 10 O~ 11:37a
~. -
,
I
i
41
I
1
VERNON FIRE
STATION 1 323-S81-1GU~
p.,2
p.~
FIRE STA liON SELF-SURVEY DRAWING
ARE DEPARTMENT; V -t" r n cYY\ 'Hr-e STATION -= 'I
, .
STATtON SURVEYOR : Wi\l Ntr1alr'y SURVEY DATE: ?JiJ6j6'f
NOTES: .
: ~
'SO ,1.
L , . . .
.- ~..-
. .....-....-..:..7'
'1' 'L' ., ~ .:oc. ,e It.' "'if "9 u: L. .. .
i 1\ I
"Ill . .,
.
.
I 'N ~~t-
f -
I !
.
r : ,
.- ;
E:- tt.l- I ~ : , I
i :,-
I ill ' i .? roq' ~~ i
it I ~
.
;
.U. i
" -I I
..... ~'$ ~
! ;
I
J .
,
.
I
i .
,
J
.
Thiri ohwItlg IA YDlJT has betA
PLYMOVENT~ Phone 800-998-1914 ClClJlJI1QllIed ./14 k 1IIe P"lf*l1 of
......Vent of fLA of ~a. tu
.,... r...t ~discbSe4~
Fax 909-629-3236 ~ consellt lio any i'"
Air Cleaning Systems &.a1l: jim@acs.cal.~ pty
">v
v
i
.
(
;
.
r
!
~
.
I
l
,
1
!
,
I
t
Feb 01 05 1l?:22a
AIR CLEANING SYS
909 629 3236
I(MOOll002
p.2
LII&1i
AIR CLEANING SYSTEMS
SpecialIZing in Industrial Ventilation and Clean AIr Solutions
TO: City ofVemon
4305 SANTA FE AVE
VERNON CA 90058
Proposal
California License # 772590; Nevada License #56619
LOCATION:
FIRE STATIONS # 1, #3,#4
A TIN: Debbie
APPLICA nON:
VEHICLE EXHAUST
FAX NO.
323-326-1433
EXPIRATION DATE
March 3, 2005
PROPOSAL NO.
J03 -11549
UNIT PRICE AMOUNT
PHONE NO.
323--583-8811 X511
QTY ITEM NO;
PROPOSAL DATE
February 1,2005
DESCRIPTION
TOTAL SYSTEM SUMMARY PAGE
1
TATION #1 Plymovent system complete Including instaRation,less exclusions listed below.
neludes sales tax and freight charges. As referenced on Proposal # J03-11354.
68.541.00 68,541 .0
T A TION #3 Plymovent system complete including Installation, less exclusions listed below. Includes 51,662.00 51,662.0
Ies tax and freight charges. As referenced on Proposal # J03-11355.
TATION # 4 Plymovent system complete Including installation, less exclusions listed below.
Includes sales tax and freight charges. As referenced on Proposal # J03-11358.
18,191.00 18,191.00
RAND TOTAL INCLUDING SALES TAX@8.25% AND FREIGHT CHARGES...$138,394.00
HIS IS A "NOT TO EXCEED" TO
eLUSIONS: As referenced on the proposals 6sted above
1), Electrical hook up and connection from station source to suppHed Plymovent 05-3 control panel
nd from station source to supplied Plymoventfan.
). Permits or drawings
). Tail pipe modifications to department vehicles
Electrical or pneumatic connection, unless otherwise stated above, hook-ups, or fire suppression.
BY OTHERS, PERMITS required to instaH or operate, or any concrete pad are responsibility of
BUYER. INSTALLATION, IF QUOTED. WEEK-DAYS, NORMAL BUSINESS HOURS
SUBMITTED BY: .JIM CLEARY
TOTAL
$138,394.00
DELIVERY TIME
6-8 Weeks ARO
F.O.B. POINT
JOB SITE
PAYMENT TERMS
plymo\lent mateJial on deIhIery. balance due@ completion of each StatiOl1
SIGNATURE:
DATE:
Acceplance ot Proposal: The abOve pricing, specifications,
terms and conditions are satisfactory and are hereby accepted.
You are authorizecllo do the work as outlined above.
02/01105 TOO 10: 21 [TX/RX NO 52921 ~002
EXHIBIT
B
EXHmIT B
Compensation and Payment
1.0 Contract Price.
1.1 Not to Exceed Value
As Compensation for Air Cleaning Systems' delivery of the equipment and
performance of the services in accordance with the terms and conditions of this
Agreement, City shall pay Air Cleaning Systems a maximum Contract Price
(Contract Price) of One Hundred Thirty-Eight Thousand Three Hundred Ninety-
Four Dollars and No Cents ($138,394.00). The actual amount will be based on
the time and materials required to furnish the equipment and perform the services,
billed in accordance with Air Cleaning Systems' rates identified in the Proposal
attached as Exhibit A. .
.1.2 Entire Compensation
Except as provided below in Exhibit D, the Contract Price is full and complete'
compensation, and constitutes the entire compensation due Air Cleaning Systems
for the equipment and services and any and all of Air Cleaning Systems'
obligations hereunder, regardless of difficulty, unforeseen circumstances, hours
worked or equipment, materials or personnel required. The Contract Price
includes without limitation compensation for all applicable taxes, freight, customs
duties, fees, overheads, profit, travel time to and from the Work Site and all other
direct and indirect costs incurred or to be incurred by Air Cleaning Systems
hereunder, except as noted in Section 1.0 of the Agreement. The Contract Price
set forth above and the rates set forth in any attachment incorporated into this
exhibit are not subject to escalation for any reason. No adjustments in
compensation shall be made as a result of changes in the value of any currency.
The Contract Price shall only be adjusted by a formal, written Change Order or
amendment to this Agreement.
2.0 Compensation for Changes
The compensation due Air Cleaning Systems, or the credit due City, for "Changes" (as
that term is defined in Exhibit D) may not be established verbally, and shall be
established in a written change order signed by City as described in Exhibit E.
Compensation adjustments in each such change order shall be established by one or more
of the following bases, as determined by City: (a) a lump sum price to be negotiated
between the parties; or (b) on a time and materials basis based on employee rates
established in Exhibit A, or (c) such lower rates as are otherwise agreed in the applicable
Change Order. Once established, the amount of the compensation due Air Cleaning
Systems or credit due City for a change shall not be subject to adjustment for any reaSon,
including changes in the value of any currency.
B-1
3.Q Invoicing and Payment
Air Cleaning Systems shall submit invoices acceptable to City, and City shall make
payment to Air Cleaning Systems in accordance with the terms set forth in Exhibit D.
Payment of the invoices shall be made after acceptance and approval by City within 30
days of receipt. Air Cleaning Systems shall be responsible for paying any subcontractors
used in the performance of this Agreement. Subcontractors shall not bill the City
directly.
- End of Exhibit B -
B-2
- EXHIBIT
C
EXHffiIT C
Insurance
Air Cleaning Systems and its Subcontractor (s), if any, shall, prior to commencement of any
work and for the duration of this Agreement, obtain and maintain at its own expense, those
minimum levels of insurance coverage as set forth below.
The insurance coverage as listed herein, shall be properly endorsed to include those contractual
obligations which may be identified further within this Agreement and shall be endorsed to
provide City and Owner all the rights and privileges of an additional insured.
Air Cleaning Systems shall cause its insurers to issue Certificates of Insurance or, upon request,
certified copies of the insurance policies evidencing that the coverages and policy endorsements
required under this Agreement, are maintained in force.
Air Cleaning Systems shall ensure its Subcontractor (s), ifany, maintain those insurance
requirements as specified in this Schedule C and are endorsed as additional insured(s) on all
required Air Cleaning Systems' insurance coverages. Air Cleaning Systems and its
Subcontractor (s), if any, shall maintain in effect the following minimum insurance coverages on
an Occurrence Form Policy:
A. Workers Compensation within the statutory limits and, if necessary, Longshoremen and
Harbor Workers and Jones Act, including occupational illness or disease coverage in
accordance with the laws of the nation, state, territory, or province exercising jurisdiction
over the Employees. Workers Compensation and Employers Liability Insurance shall
have a minimum limit of $1,000,000 per occurrence.
B. Comprehensive General Liability Insurance, including, but not limited to, Contractual
Liability, Products and Completed Operations Liability, Broad Form Property Damage
and Bodily Injury Liability, and Explosion, Collapse and Underground Liability, with a
minimum combined single limit of $1,000,000 per occurrence.
C. Comprehensive Automobile Insurance, including, but not limited to, all owned, non-
owned or hired vehicles with a minimum combined single limit of $1,000,000 per
occurrence for bodily injury and property damage.
D. Umbrella Liability Insurance with limits of $2,000,000. Such evidence of insurance can
either by through the primary insurance coverages or through an excess liability policy.
Such insurance shall at all times be on an occurrence form and provide policy conditions
as broad as those required in the primary insurance.
- End of Exhibit C -
C - I
EXHIBIT
D,'"
.. ..
EXHIBIT D
General Conditions
1.0 Definitions and Responsibilities
1.1 Definitions
Whenever used in the Agreement of which these General Provisions are a part,
the following terms shall mean:
a. "Agreement" shall mean that formally executed Agreement or Contract which
includes the Contract Documents to which this Exhibit D is attached. The
Agreement constitutes the entire agreement between the parties relating to its
subject matter.
b. "Air Cleaning Systems" shall mean Air Cleaning Systems, Inc. and where
applicable, its affiliated companies, directors, officers, employees, agents and
representatives.
c. "Contract Documents" shall include any inquiry, invitation to bid, or proposal
which may have, but not necessarily, preceded execution of the Agreement, the
General Provisions and all exhibits and schedules attached to the Agreement and
all plans and specifications identified in the Contract Documents.
d. "Contract Price" shall have the meaning given it in Section 3.1.
e. "City" shall mean the entity which has executed the Agreement and, where
applicable, its affiliated companies, and its officers, directors, employees,
representatives and agents.
f. "General Provisions" or "General Conditions" shall mean these General
Conditions of this Exhibit D.
g. "Equipment" shall mean the equipment identified in Exhibit A.
h. "Owner" shall mean City of Vernon, California, and where applicable, their
affiliated companies, directors, officers, employees, agents, and representatives.
i. "Premises" shall mean the physical premises under City's and/or Owner's
control or ownership where work hereunder is to be performed.
j. "Proprietary Information" shall mean all information, whether written or oral,
which Air Cleaning Systems acquires from, through or on behalf of City, directly
or indirectly, or which arises out of the work, concerning the work or proprietary
processes involved in the work including, without limitation, information
concerning past, present or future business plans of City, information about the
operations of City's Premises, and other City information or know-how obtained
during the Work, except information falling into any of the following categories:
D -1
(1) Information which, at the time of disclosure hereunder, is in the public
domain;
(2) Information which, after disclosure hereunder, enters the public
domain, except where such entry is the result of Air Cleaning Systems' or
any entity within Air Cleaning Systems' control or breach ofthis
Agreement;
(3) Information which prior to disclosure hereunder, was already in Air
Cleaning Systems' possession without limitation regarding disclosure to
others; or
(4) Information which subsequent to disclosure hereunder, is obtained by
Air Cleaning Systems from a third party who is lawfully in possession of
such information and not subject to a contractual or fiduciary relationship
to City with respect to said information and who does not require Air
Cleaning Systems to agree to refrain from disclosing such information to
others.
k. "Subcontractor(s)" shall mean any first or lower-tier Subcontractor(s) and its
employees, representatives, agents, Subcontractor(s) or other personnel who have
been approved in the manner required by the Agreement.
1. "Work" or "Services" shall mean the work performed by Air Cleaning Systems
and required to be performed from time to time by City under the Agreement.
1.2 City's and Air Cleaning Systems' Representations
,
Air Cleaning Systems and City represents that it has read and understands the
Agreement and Contract Documents. Air Cleaning Systems represents it
understands the Owner's regulations concerning premises access, badges,
parking, security, safety, fire, prohibited drugs and alcohol, and smoking and
other rules, and that Air Cleaning Systems has visited the Premises where the
Work is to be done and is familiar with the local conditions under which it is to be
done. Air Cleaning Systems also represents that it is experienced in providing the
equipment and in performing and competent, and qualified to perform the kind of
tasks or assignments included in the Work and employs or has available for
employment in sufficient numbers all unskilled, skilled, administrative,
supervisory, professional and managerial or other personnel required to perform
the Work as required by the Agreement.
1.3 Representatives of the Parties
At all times while Work is being performed on the Premises each party shall be
represented thereon by a designated representative. Each party may notify the
other in writing ofthe identity of such persons from time to time.
1/1
D - 2
2.0 Scope of Work: Division of Responsibility
2.1 Description of the Work
A description of the Work is set forth in this Agreement and the attachments
thereto. City may at any time, by written change order by City's authorized
representative identified in the Agreement, make changes only to extend the work
duration and total compensation of Air Cleaning Systems' work. Changes in the
scope of work, or duties and obligations, shall be authorized only by the City.
2.2 Air Cleaning Systems' Responsibilities
Unless otherwise specified in the Agreement, Air Cleaning Systems shall furnish
the equipment and perform the duties as outlined in the Agreement between the
Air Cleaning Systems and the City.
2.3 Work Injury
The treatment and care of injuries sustained by Air Cleaning Systems' employees,
Subcontractor(s), representatives or other personnel shall be and remain the
responsibility of Air Cleaning Systems. City's and/or Owner's first aid facilities,
if any, however, will be made available to Air Cleaning Systems' employees in
emergency cases which are the direct result of accidents occurring on the
Premises. City shall incur no liability for, and Air Cleaning Systems hereby
agrees to indemnify Owner against, any causes of action, claim, liability or costs,
including attorneys' . fees, arising in whole or part out of the furnishing of such
first aid facilities or assistance to Air Cleaning Systems' employees,
Subcontractor(s), representatives or other personnel, or out of the failure to
furnish such facilities or assistance.
3.0 Compensation and Payment
3.1 Contract Price
The compensation set forth or provided for in the Agreement is the Contract
Price. Whether it expressly provides for the reimbursement of costs incurred by
Air Cleaning Systems or simply for the payment of a lump sum of money, it is
intended to be the full and complete payment for satisfactory delivery of the
equipment and completion of the Work and, unless otherwise stated, to cover all
costs whether for materials, equipment, tools, labor, services, freight and taxes
and all overhead, rentals and profit or fee, if any.
3.2 Reimbursables and Other Expenses
Expenses may only be billed if advance written approval has been obtained from
the City Administrator.
D- 3
3.3 Terms of Payment
Air Cleaning Systems shall be entitled to receive payment for materials on
delivery and the balance due at the completion of Work at each fire station. Air
Cleaning Systems shall submit progress payment requests, prepared in accordance
with City requirements, upon completion of the Work. City will make payment to
Air Cleaning Systems within thirty (30) days after acceptance and approval of the
invoice received from Air Cleaning Systems.
3.4 Records, Inspection and Audit
During the course of the equipment being furnished and the Work being
performed, Air Cleaning Systems and any of its Subcontractor(s), shall maintain
and retain, not less than three years after completion thereof, complete and
accurate records of the Air Cleaning Systems' costs which are chargeable to City
under this Agreement. City or its designated, authorized representatives, shall
have the right during this three year period, upon written reasonable notice, to
inspect and audit those records. Such records to be maintained and retained by
the Air Cleaning Systems shall include: (a) payroll record accounting for the total
time distribution of the Air Cleaning Systems' employees working full or part
time on the Work (to permit tracing to payrolls and related tax returns) as well as
canceled checks or signed receipts for payroll payments in cash; (b) invoices for
purchases, receiving and issuing documents, and all the other unit-inventory
records for the Air Cleaning Systems' stores stock or capital items; (c) paid
invoices and canceled checks for material purchased and for the Subcontractor(s)
and any other third-parties' charges; and (d) any other documentation City deems
necessary to support costs and charges under this Agreement.
3.5 Corporate Conduct
Air Cleaning Systems, its employees, agents or representatives shall not offer or
give to an officer, official, or employee of City or Owner, gifts, entertainment,
payments, loans or other gratuities to influence the award of a contract or obtain
favorable treatment under a contract.
4.0 Termination of Contract
4.1 Non-Default Termination
City, at its sole discretion, may terminate this Contract upon fifteen (15) days
written Notice to Air Cleaning Systems and such termination shall be effective in
the manner specified in such Notice and shall be without prejudice to any claim
that either party may have against the other.
4.2 Termination Payment
In the event of any such termination, in full and complete settlement for the
equipment furnished and termination of the Work, City shall pay Air Cleaning
Systems for the equipment and services performed prior to the date of delivery of
D-4
the termination notice, plus compensation for (i) necessary equipment furnished
and work performed during the notice period and authorized in the termination
notice, and (ii) all costs reasonably and necessarily incurred by Air Cleaning
Systems directly attributable to termination which could not reasonably have been
avoided and for which Air Cleaning Systems is not otherwise compensated that
are incurred through the date of the termination and in effectuating the
termination (the "Termination Expenses"). Termination Expenses shall not
include lost profits, lost opportunities, consequential damages, or the like. In no
event shall total payment exceed the Contract Price..
4.3 Loss of Profits
In the event of any termination of this Contract or reduction in equipment or
scope of the Work, Air Cleaning Systems shall not be entitled to damages for loss
of profits for the unexecuted portion of the equipment and Work or any other
damages because of such termination or reduction.
5.0 General provisions
5.1 Independent Contractor
Air Cleaning Systems shall be an independent contractor with respect to all the
services to be performed hereunder and shall have responsibility for and control
over the details and means for performing the Work. Neither Air Cleaning
Systems nor any of those employed in furnishing such services shall be deemed
the agents, representatives, employees or servants of City. Air Cleaning Systems
shall have complete and sole control over its employees, the details ofthe services
and the methods by which the services are accomplished, it being understood that
City is interested only in the results to be obtained by Air Cleaning Systems.
5.2 Insurance
Air Cleaning Systems agrees to provide insurance in the amounts and forms
specified in Exhibit C, which is attached hereto and incorporated by reference.
Air Cleaning Systems shall submit to the City documentation indicating
compliance with these minimum requirements no less than one (1) day prior to
the beginning of performance under this Agreement. Air Cleaning Systems shall
not commence performance of its work under this Agreement until the above
insurance has been obtained and proof of insurance has been filed with and
approved by the City.
Air Cleaning Systems shall not permit a subcontractor or vendor to perform work
on City premises unless and until a certificate of insurance is obtained showing
that such subcontractor or vendor has worker's compensation coverage. If Air
Cleaning Systems employs subcontractors as part ofthe services rendered, Air
Cleaning Systems' protective coverage is required. Air Cleaning Systems may
include all subcontractors as insureds under its own policy or shall furnish
separate insurance for each subcontractor, meeting the requirements set forth
herein.
D- 5
5.3 Standard of Care
Air Cleaning Systems agrees that all services provided will be conducted by the
principal and competent staff members, if any, under the supervision of the
principal, and that services will be performed and rendered diligently. Air
Cleaning Systems represents that it has, or shall secure, at its own expense, all
personnel required to perform Air Cleaning Systems' services under this
Agreement, but at all times shall be responsible for the services of such personnel.
Air Cleaning Systems may not employ any subcontractor(s) without the prior
written approval of the City.
5.4 Indemnification
Air Cleaning Systems' Indemnity. To the fullest extent permitted by law, Air
Cleaning Systems shall defend, indemnify and hold harmless City and its elected
officials, officers, agents and employees from all claims, suits, actions, demands,
damages, liabilities, expenses, judgments, settlements and penalties, losses, fines,.
and all costs and expenses incurred in connection therewith, including reasonable
attorneys' fees and all costs of defense, arising out of or attributable to the
negligent or wrongful acts of Air Cleaning Systems or its employees or agents
under this Agreement, except to the extent arising from or caused by the sole
negligence or willful misconduct ofthe City, its officers, agents or employees.
The terms of this indemnity shall survive the termination of this Agreement. The
obligations in this Paragraph are in addition to Air Cleaning Systems' duty to
provide insurance and shall not be limited by any limitation on the amount or type
of insurance coverage carried by Air Cleaning Systems.
Indemnity Process. The City shall notify Air Cleaning Systems in writing of any
suits, claims or demands covered by this indemnity. Promptly after receipt of
such notice, Air Cleaning Systems shall assume the defense of such claim with
counsel reasonably satisfactory to City. If Air Cleaning Systems fails, within a
reasonable time after receipt of such notice, to assume the defense with counsel
reasonably satisfactory to City, or if, in the reasonable judgment of City, a direct
or indirect conflict of interest exists between the parties with respect to the claim,
or if in the sole judgment of City the assumption and conduct of the defense by
Air Cleaning Systems would materially and adversely affect City in any manner
or prejudice its ability to conduct a successful defense, then the City shall have
the right to undertake the defense, compromise and settlement of such claim for
the account and at the expense of Air Cleaning Systems. Notwithstanding the
above, if the City in its sole discretion so elects, City may also participate in the
defense of such actions by employing counsel at its expense, without waiving the
City's obligations to indemnify or defend. Air Cleaning Systems shall not settle
or compromise any claim or consent to the entry of any judgment without the
prior written consent of the City and without an unconditional release of all
liability by each claimant or plaintiff to the City.
III
D-6
5.5 Treatment of Confidential and Proprietary Information
a. For ten years after the effective date of this Agreement, Air Cleaning Systems
shall refrain from using any Confidential or Proprietary Information except in
connection with the Work or from disclosing it to any third party other than to
employees of Air Cleaning Systems who require it in performance of the Work
and except to such other third persons as City may otherwise authorize in writing.
If disclosure to such an employee or other third person is so authorized, Air
Cleaning Systems shall enter into with said party, a confidentiality agreement
containing provisions with respect to use and disclosure of Proprietary
Information substantially the same as those contained in this General Condition.
b. Air Cleaning Systems shall take reasonable precautions to safeguard any
documents containing Proprietary Information which City may supply to Air
Cleaning Systems hereunder. Air Cleaning Systems may copy, in whole or part,
such documents to the extent necessary for the performance of the Work and Air
Cleaning Systems shall return to City upon the completion of the Work or request
by City all such documents and copies.
c. Except as expressly permitted by prior written consent of the City, Air
Cleaning Systems and/or its subcontractors shall not disclose, permit the
disclosure of, release, disseminate, or transfer, whether orally or by any other
means, any part of such Confidential Information to any other person or entity,
without the express prior written consent of an authorized representative of the
City. Air Cleaning Systems and/or its subcontractors shall return any written
Confidential Information and all copies made of such items to the City upon the
City's written request, but in any event not later than the date that Air Cleaning
Systems has delivered all equipment and performed all Work to be performed
pursuant to this Agreement. Air Cleaning Systems hereby agrees that such
Confidential Information and any documents provided may be used by Air
Cleaning Systems and/or its subcontractors only as authorized by the City. Air
Cleaning Systems shall include a provision in its agreements with subcontractors
that binds the subcontractors to this non-disclosure requirement.
5.6 Compliance with City's and Owner's Regulations
Air Cleaning Systems shall observe, and shall cause its Subcontractor(s) and the
employees of each of them to observe, all of City's and Owner's regulations as
they may be revised from time to time concerning the safety and security of
persons and property, housekeeping and Premises or plant work hours.
5.7 Compliance with Authority
Air Cleaning Systems shall comply with all laws, regulations, executive orders
and other applicable requirements of any governmental agencies having
jurisdiction including the Fair Labor Standards Act, the Occupational Safety and
Health Act and all those relating in any way to employment practices and
protection of the environment. Air Cleaning Systems shall not discriminate
D-7
against any employee or any applicant for employment for reasons of race, color,
creed, sex, age or national origin.
Air Cleaning Systems shall make timely payment of all employment taxes and of
all social security and other contributions of every kind required to be made with
respect to or measure by the wages and salaries of persons employed by Air
Cleaning Systems.
Air Cleaning Systems shall indemnify City and Owner against, and hold City and
Owner harmless from, any liability or loss including liability or loss from fines or
penalties arising out of Air Cleaning Systems' failure to perform the obligations
imposed upon it by this section.
5.8 Assignments and Subcontractors
Air Cleaning Systems' rights under this Agreement may not be assigned nor may
its duties be delegated or subcontracted without the prior written consent of City.
Any assignment or delegation or subcontract in violation of this section shall, at
City's discretion, be void. Consent by City shall not relieve Air Cleaning Systems
of responsibility for performance of Air Cleaning Systems' obligations hereunder.
City may assign all or any part of this Agreement at any time effective
immediately upon written notification to Air Cleaning Systems.
5.9 Waiver
The waiver by either party of a breach or default by the other party shall not be
deemed a waiver of any different or later breach; nor shall any delay or omission
by either party to exercise any right it may have hereunder operate as a waiver of
any breach or default or of such right.
5.10 Applicable Law
This Agreement shall be governed by and construed under the laws of the State of
California.
5.11 Captions
The captions used in this Agreement are for convenience only and shall in no way
define, limit or describe the scope or intent of this Agreement or any part thereof.
5.12 Notices
All notices required or permitted hereunder shall be in writing and shall be
delivered to the entity or person identified in the Contract Documents under
Notices. Notice sent by properly addressed mail, certified or registered with
return receipt requested and postage prepaid, shall be effective three days after
deposit in the mail or when received, whichever is earlier. Notice sent by
facsimile, telegraph, telex or cable and confirmed by copy thereof sent by
registered or certified mail shall be effective upon the date of such facsimile,
D- 8
telegraph, telex or cable. Notices sent in any other manner shall be effective only
if and when received.
5.13 Entire Agreement
The Agreement, and the attached Exhibits, constitute the entire Agreement by the
parties and it may not be altered, amended or changed without a duly executed
document by all parties.
5.14 Attorneys' Fees
In the event a dispute, claim or litigation arises regarding this Agreement, the
prevailing party shall be entitled to reimbursement for reasonable attorneys' fees
and actual costs.
5.15 Changes in the Work
City may make "Changes" by increasing, reducing or deviating from the
requirements of the equipment or scope of Work. A form of Change Order is set
forth in Exhibit E attached hereto and incorporated by reference.
5.16 Forum
Any dispute related to this Agreement shall be adjudicated in a state court serving
the County of Los Angeles, California.
5.17 Force Majeure
Neither party shall be considered to be in default in any of its obligations under
this Agreement when a failure of performance shall be due to an uncontrollable
force. The term "uncontrollable force" shall mean any cause beyond the control
of the party affected, including, but not restricted to, flood, earthquake, storm,
fire, lightening, epidemic, war, riot, civil disturbance or disobedience, federal,
state, or municipal action, statute, ordinance, or regulation, embargoes of the
United States Government or any other government, which by exercise of due
diligence such party could not reasonably have been expected to avoid and by
exercise of due diligence has been unable to overcome. Either party rendered
unable to fulfill any of its obligations under this Agreement by reason of an
uncontrollable force shall give written notice within five (5) business days of such
fact to the other party and shall exercise due diligence to remove such inability
with all reasonable dispatch.
- End of Exhibit D -
D-9
EXHIBIT
E
EXHIBIT E
Form Chan2:e Order
CHANGE
Contract Number:
Change Number:
The requirements of the above designated Agreement are changed as follows:
City and Air Cleaning Systems agree that Air Cleaning Systems' compensation shall be adjusted
as follows:
City and Air Cleaning Systems agree that Air Cleaning Systems' schedule shall be adjusted as
follows:
This adjustment covers the entire compensation for the Change set forth above and includes, but
is not limited to compensation for all engineering, material, equipment, subcontracts, labor,
overhead, profit, changes in scheduling and delays resulting, directly or indirectly, from the
Change, as further detailed in the Agreement.
Air Cleaning Systems (Air Cleaning Systems, Inc.) City (City of Vernon, California)
By By
Date Date
E -1
INSTRUCTIONS TO AIR CLEANING SYSTEMS
Contract Number:
Instruction to Air Cleaning Systems Number:
Date:
Specific Instructions to Air Cleaning Systems:
In accordance with the Terms and Conditions of the Agreement, the City classifies these
instructions as:
_ Supplementary instructions, not involving a Change
(Should these instructions be, in the opinion of Air Cleaning Systems, a "Change", written notice
thereof must be given to City within 1 0 days of the receipt of these instructions. If such written
notice is given, Air Cleaning Systems shall not commence with the work so ordered until written
agreement is reached on the classification of these instructions and on the resulting adjustment in
contract compensation, if any.) In the event that City and Air Cleaning Systems fail to agree on
the classification of these instructions or resulting adjustment in contract compensation, if any,
refer to the Changes Section of the Agreement.
_ A Change
(Air Cleaning Systems shall, within 10 days ofthe receipt of these instructions, furnish City a
statement of its proposal for adjustment in contract compensation occasioned hereby. Air
Cleaning Systems shall not commence with the work so ordered until written agreement is
reached on the resulting adjustment in contract compensation, if any.) In the event that City and
Air Cleaning Systems fail to agree on the classification ofthese instructions or resulting
adjustments in contract compensation, if any, refer to the Changes Sections of the Agreement.
City Representative
Date
Please acknowledge receipt ofthis instruction by returning one copy signed in the space
provided below. Air Cleaning Systems' signature hereon does not indicate his acceptance of the
classification assigned hereto by City.
Air Cleaning Systems' Representative
Date
- End of Exhibit E -
E-2
SUPPORTING
DOCUMENTS
EQUIPMENT PURCHASE AND PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made, entered into and executed in duplicate originals,
either copy of which }llay be considered and used as the original hereof for all purposes, as of
this 6'i/J day of&~h, 2005, in the City of Vernon, County of Los Angeles, California
BY AND BETWEEN
THE CITY OF VERNON, a ~unicipal
corporation, hereinafter
referred to as the "City,"
4305 Santa Fe Avenue
Vernon, California 90058
AND
AIR CLEANING SYSTEMS, INC.,
hereinafter referred as the "Air Cleaning
Systems, "
1966 W. Holt Avenue
Pomona, CA 91768
RECITALS
WHEREAS, the City's Fire Department has obtained funds from a FY2004
Assistance to Firefighters Grant No. EMW-2004-FG-01016 for the installation ofPlymoVent
Vehicle Exhaust Extraction Systems onto fire apparatus in Fire Station Nos. 1, 3 and 4 for the
purpose of protecting personnel and the general public visiting the stations from the cancer
causing effects of vehicle exhaust emissions (collectively the "System"); and
WHEREAS, Air Cleaning Systems is the only vendor in Southern California that
offers the System which is the standard for most fire departments and is recommended by the
National Fire Protection Association; and
WHEREAS, Air Cleaning Systems submitted three (3) quotations for the System
as follows: Fire Station #1-J03-11354 dated December 6,2004; Fire Station #3-J03-11355
dated December 6,2004; and Fire Station #4-J03-11358 dated December 6,2004 (collectively
the "Proposal"), a copy of which is attached hereto as Exhibit A and incorporated by reference;
and
WHEREAS, the Proposal includes a description of the equipment and services to
be performed by Air Cleaning Systems and the attendant costs; and
WHEREAS, Air Cleaning Systems has advised the City that it is qualified and
capable of providing the System and installation services described in Exhibit A and the City
desires to obtain the equipment and services of Air Cleaning Systems.
1//
//1
1
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1.0 Purchase and Sale of the System and Scope of Services
1.1 Air Cleaning Systems agrees to sell, deliver and install the System, and the City
agrees to purchase the System as identified in Exhibit A and summarized below:
Fire Station #1 (3375 Fruitland Avenue. Vernon) - J03-11354: Straight Rail Systems
together with hose packs, exhaust fan, control box, uni-filter box and complete
installation, including silencer on blower, but excluding tail pipe modifications to
vehicles, electrical or pneumatic hook up and connection, any concrete pad, .and any
permits or drawings. Any modification to Proposal will be an additional charge and
outside services such as structural engineering fees will be passed on at cost;
Fire Station #3 (2800 S. Soto. Vernon) - Job3-11355: Straight Rail Systems together
with hose packs, exhaust fan, control box, uni-filter box and complete installation,
including silencer on blower, but excluding tail pipe modifications to vehicles, electrical
or pneumatic hook up and connection, any concrete pad, and any permits or drawings.
Any modification to Proposal will be an additional charge and outside services such as
structural engineering fees will be passed on at cost; and
Fire Station #4 (4530 Bandini Blvd.. Vernon) - Job3-11358: Sliding Balancer Track
Systems together with exhaust fan, control box, uni-filter box and complete installation,
including silencer on blower, but excluding tail pipe modifications to vehicles, electrical
or pneumatic hook up and connection, any concrete pad, and any permits or drawings.
Any modification to Proposal will be an additional charge and outside services such as
structural engineering fees will be passed on at cost.
1.2 Delivery. Air Cleaning Systems shall obtain and sell and deliver the System at
the City of Vernon, F.O.B. Job Site. Air Cleaning Systems is responsible for all costs offull
freight, including insurance, to Job Site. Risk ofloss shall pass to the City upon delivery F.O.B.
Job Site.
It is understood and agreed that in the event of a conflict between the Proposal and this
Agreement, the terms of the Agreement shall prevaiL
2.0 Time of Performance
The performance of Air Cleaning Systems shall commence upon the signing of the
Agreement by both parties and shall end when Air Cleaning Systems has completed the work
according to the Proposal, unless the Agreement is otherwise terminated or extended upon
written agreement of both parties to this Agreement. Delivery is expected to be completed no
later than eight (8) weeks from the issuance of City's purchase order. Completion of the services
to be performed by the Air Cleaning Systems is expected to be no later than one hundred twenty
days (120).
III
2
3.0 Contract Price
As full and complete compensation to Air Cleaning Systems for the timely, proper and
complete performance of all obligations relating to this Agreement, City shall pay Air Cleaning
Systems, subject to the additions and deletions expressly provided for in this Agreement, the
Contract Price set forth in Exhibit B.
4.0 Notices
All notices, approvals, consents and other communications between the parties shall be in
writing, and shall be sent by fax or by certified mail (return receipt requested) to the respective
addresses set forth below, or at such other address as may be furnished by either party to the
other in writing.
Air Cleaning Systems, Inc.
Attn: Jim Cleary
1966 W. Holt Avenue
Pomona, CA 91768
909-629-3236
909-620- 7114
City - City of V ernon, California
Attn: Bruce V. Malkenhorst, City
AdministratorlCity Clerk
4305 Santa Fe Avenue
Vernon,. California 90058
Fax: 323-826-1438
Telephone: 323-583-8811 ext 260
Fax:
Telephone:
5.0 Law and Arbitration
This Agreement shall be governed by the laws of the State of California. The parties
agree that any and all disputes arising out of or in relation to this Agreement, including without
limitation any action in tort, shall be resolved exclusively, finally and conclusively by arbitration
in Los Angeles County, California under the auspices of and pursuant to the rules of the Judicial
Arbitration & Mediation Services Inc. (JAMS). Each party will select an arbitrator. Those two
arbitrators will then select a third. The three member panel will make the final decision. All
decisions of the arbitrators shall be in writing, and the arbitrators shall provide written reasons
for their decision. The arbitration decision shall be final and binding on the parties.
Notwithstanding the foregoing, the parties shall be permitted to access the court system to
enforce any arbitration award or to obtain injunctive relief. The exclusive jurisdiction and venue
for any such action shall be the Superior Court of California, Los Angeles County. Any and all
contracts between Air Cleaning Systems and any subcontractor shall include the same arbitration
clause.
6.0 Entire Agreement
This Agreement shall be comprised of these signed business.terms (Business Terms),
together with Exhibit A - The Proposal; Exhibit B - Compensation and Payment; Exhibit C -
Insurance; Exhibit D - General Provisions; and Exhibit E - Change Orders, which are all
attached. In the event of conflict between this Agreement and any of the exhibits, this
Agreement shall prevail. In the event of conflict between exhibits, the exhibits shall be
prioritized in the following order: Exhibit D first, then Exhibits C, B, A and E. This agreement is
the entire agreement of the parties, and supersedes all prior written and/or verbal
communications, proposals, notices of award, negotiations, understandings and agreements,
whether written or verbal, between the parties with respect to the subject matter dealt with in this
3
Agrccmcnt. Air Cleaning Systems expressly waives all claims for compensation based upon
quantum merit, implied contract or oral contract. Each party to this Agreement acknowledges
that no representations, inducements, promises or agreements, verbally or otherwise, have been
made by any party, or anyone acting on behalf of any party, which are not embodied in this
Agreement, and that no other agreement, statement or promise not contained in this Agreement
or a subsequent amendment or change order shall be valid or binding. No amendment or change
in the provisions of this Agreement shall be made, except in a formal written amendment signed
by Air Cleaning Systems and a corporate officer of City, or in a written change order. Each
party represents and warrants that it has read and fully familiarized itself with this Agreement,
and that such party has been fully authorized to sign this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to he executed
by and through their authorized officers on the date, month and year first written above.
Air Cleaning Systems, Inc.
City of V ernon
~::~1S'N~
Date: 3/ '2..t1( o~
~~~.
Date:
"/- Y - tJ .s-
.~:~~Nd
Date: 3/Zo.(oS-
ATTEST:
Bruce V. Malkenhorst, City Clerk
APPROVED AS TO FORM:
~
4
...-.... -----.........'->> ~1.;;:JI
~u~ 629 3236
. p.2
~&'Ii'
AIR CLEANING SYSTEMS
Specializing in Industrial Ventilation and Clean Air Solutions
Proposal
CaIifomia License if. 772590; Nevada license #56619
TO: CityofVemon
4305 SANTA FE AVE
VERNON CA 90058
LOCATION:
RRESTAnoNtl1
3375 Fruitland Ave.
Vernon, Ca 90058
APPUCAT1ON:
VEHICLE EXHAUST
A1TN: Debbie
PHONE NO.
323-583-8811 X511
QTY ITEM NO.
I
FAX NO.
323-826-1433
I
. PROPOSAL DATE
December 6.2004
DESCRiP110N
I
EXPIRATION DATE
Januaty 5, 2005
.,
PROPOSAL NO.
.103 -11354
UNIT PRICE AMOUNT
10.717.00 21,434.00
2 HOSE PACK
#2
(2 vehic:Ies
each bay)
2 SmA 90-2 PLYMOVENT STRA-90-2 STRAIGHT RAI.., includes 9cr 01 eJdruded aluminum tal & 180' of
(4 vehicles) sIicone tip coated If> material for ~ system, Hydrauic End Shock,~eI Safety Disconnect,
Manuaf Fill Valve, and complete pneumatic circuit for passive release.. Also includes aI necessary
support legs. braces and brackets, fifteridf}'ef regulator with automatic drain & four (4) tai pipe
adapters for taipipes.
PL YMOVENT STRA Hose PacIc ~ incfudes:
(2)-4" Internal Cmb WlRegulal:or and Balancer
(2)-4" x 2$ Hose Assembly
(2): 4" x Z bwer hose ksy including Safety Disconnect and & 626" Grabber
(2)-STRA- Magazine Pack: #1 &200' CoIed Airine
8.512.00 17,024.00
1 TEV 550-60 PL YMOVENT TEV-559-60 5 hp, single phase Racial Exhaust Fan rated @ 2000 CFM @ 8" W.g.
at 3450 rpm. 208-220V, 1 PH 60HZ .
2.056.00 2,056.00
NOTE: The fansae Will accommodate a minimum offour (4) vehicles.
I 1
I
I
,
08-3
PL YMOVENT 0S-3 Engine Sensor Control Box. 208-230 volt. 1 phase for 5 hp fan. To include
pressure sensors for fan activation by vehicle exhaust, aI necessmy motor starters and timer.
1.186.00 1,186.00
1 4505-1011 . PL YMOVENT UNI-AL TER BOX v.flh pressure switch gauge. Indudes 98% efficient particulate
filter, & 2" thick aluminum mesh pre filter. Typicaly filter change id required 1-2 times per year
depending on the station.
1.500.00 1,500.00
CONTINUED ON NEXT PAGE
Electrical or poeumatic connection. hook-ups. or fiN sUDDl'eSSion, BY OTHERS
PERMITS required to Install or operate, or anv eoncrete Dad are responsibility of BUYER
I\ISTALLATION. IF QUOTED. WEEK-DAYS, NORMAL BUSINESS HOURS
SUBMTTED BY: JIM CLEARY
SUBTOTAL
$43.200.00
DELIVERY TatE F.O.B. POINT
6-8 Weeks ARO JOB SITE
Acceptance of PnlposaI: The abOIIe pricirv, specIfica(ions,
renns and conditions ale satlsfactory and are hereby accepted.
You are auIhodzecI to do the wod< as ouftined ~
PAYMENT TERMS
PIymovent material on cfeIIvefy, balance due @ c:ompIetion of each station
SlGNA1URE:
DATE:
..
1966 ~ HOLT AVENUE POMONA. CA 91768 (909) 620-7114 FAX: (909) 629-3236
325 S. 3RD ST. SUITE 1-171. LAS VEGAS. NV 89101 (800) 998-1974 FAX: (102) 382-7404
01/31/05 MON 18:27 (TX/RX NO 52861 ~002
. .
.......... ......--'-........1U ~.,~
~u~ 62S 3236
. p_ 3
~rli
AIR CLEANING SYSTEMS
Specializing in Industrial Ventilation and Clean Air Solutions
TO: City of Vernon
4305 SANTA FE AVE
VERNON CA 90058
A lTN: Debbie
Proposal - Page 2
Califomia License fI. 772590; Nevada License #56619
PHONE NO.
323-583-8811 X511
FAX NO.
323-826-1433
LOCATION:
FIRESTAllON.,
3375 Fruitland Ave.
Vernon., Ca. 90058
APPLICATION:
VEHICLE EXHAUST
PROPOSAl.. DATE EXPtRAnoN DATE
December 6 2004 .Ianua 5 2005
PROPosAL No.
J03 - 11354
QTY ITEM NO.
1 INSTAlL
MATERIAlS
SUS.OTAL ;;:ROl1F. P;:"G::: C~!:::
~:tS,2::~.~~
DESCRIPTION
InstaIation materials including ducting, supports & mise. hardware.
UNIT PRICE AMOUNT
3.866.00 3.866.0(
1 TAX SAlES TAX @8.25'% 3.882.94 3.882.94
1 INSTALL INSTAUA TJON of the Pl)'movent system. 1ft and labor @ REGULAR laon-t:NeValiOa) RATES. 17.592. 17.592.
LABOR Tal pipe modficaIion is the respot~ of others. PermiIs can be prQOiided at cosCs Pus $75 per
hour labor if required. Any modiIication to the above proposa/ as required by municipality wiI be at
an additional charge. Outside SeMces such as structural engineering fees WI be passed on at cost
Indudes silencer on blower.
EXCLUSIONS: (In addiion to what is isted above)
1). Electrical hook up and connection from station source to SUppled Pfymovent 0S-3 control panel
and from station source to suppied Plymovent fan.
2). Permits or drawings.
Electrical orpneunaatic connection. hook-ups. or rue suppression. BY OTHERS
PERMITS required to ihstaIf or operate. or any ~ pad are responsibility of BUYER
INSTALLATION. IF QUOTED. WEEK-IlAYS. NORMAL BUSINESS HOURS
SUBMITTED BY: JIM ClEARY
TOTAL
$68,541.00
OELIVERY TIME F.O.B. POINT
6-8 Weeks. ARO JOB SITE
A<x:eptaI ace of Pnlposaf: The abCMl ~ specIIca(IotlS.
teans and (.lCIl1ditions are sati~ and ate hereby accepted.
You areaulhorized to do !he 'MXk as ouUined abcwa.
PAYMENT TERMS
f>IymoveR material on deiwry. balance due @ completion of eacf1 station
SIGNATURE:
DATE:
1966 w: HO VENUE POMONA. 91 68 (909) 620-7114 :.~. 629-3236
325 So 3RD ST. SUITE 1-171, LAS VEGAS, NV 89101 (8()()) 998-1974 FAX: (102) 382-7404
01/31/05 .ON 18:27 (TX/RX NO 5236) lm003
~~~U~ U~ U~:~Up
. .
~,.. 0." 04 08: 121'
AIR CLEANING SYS
909 629 323&
P.i
. ..... ...
p.G
gJ.f
FIRE STAnON SELF-SURVEY DRAWING
FIRE DEPARTMENT: Uc \"" '^ o\-" STATION#: ,
STATION SURVEYOR : T~c\ H....;"'i-_'" SURVEY DATE: ~ -o..(-oCo{
NOTES: D rc....~ \ "'j \ 'S ","0 ~ +0 Sc.o..le . \\..e ~~~~...<:.. """<""" S
\ ~'c-.+e. "1"1..c: .'e""~~ .f='rc:a""", ""t'.....c. +_,l ~;f~ -\- .t> --\1....c:. G'''~<s+
~rtc..r-~s -to or.
.4f'P~ i).-.- ^Pp_ t>"""'"
.
f.'
In
j
~I :~ J
'", ~
<D J :2) 'Ir' . ~
... IJ
l:. lit:..'... ~
c ....
I t-
~ - !
Cl.ls. EIhi. r~ l;
:A f4c..""- - @ Tit."" !--K
~
..
...
, ...
-
.,... ...
..' '*
,.., ::r
'00
-
. ,
. '"fr- i),.,.e,. . . AI't- ~~llJlAYOOTN$'-'
PLYMOVEN~~ Phone 8.00-998-1914 ~ IInd Is 1ttel'"'fleltro(
P~cal ofFlAfII~.NJ
M1d$faalPOC be~~
Fax 909-629-3236 VlrflenClOOSent 10 any 3.
Air Cleaning Systems .Emai(: jim@aCS-eal.com party
-
T
~
---
........ ---.....1.,.'31 .;;".;::,
~U9 629 3236
. p.S
..III:"IF
AJRCLEANfNG SYSTEMS
. Specializing inlndustrial Ventilation and Clean Air Solutions
Proposal
Ca/ffomia license fI. 772590; Nevada license #56619
TO: City ofVemon Fire Department
4305 SANTA FE AVE
VERNON CA 90058
LOCATION:
ARE STAnON 113
2800 S. SOTO
Vernon. Ca. 90058
APPlICATION:
VEHICLE EXHAUST
A TTN: Michael Wison
PHONE NO.
323-583-8811 X512
QTY IlEM NO.
1 STRA55-2
I
FAX NO.
323-826-1407
I
I
EXPIRATION DATE
January 5. 2005
I
PROPOSAl.. NO.
.103 -11355
UMTPRfce AMOUNT
8.163.00 8.163.
PROPosAL DATE
December 6. 2004
DESCRIPnoN
PI.. YMOVENT STRA-S5-2 STRAIGHT RAt.. includes 55" of extruded aluminum ral & 11ff of
*one tip coated ip material for each system. H)'dIauic End Shock. Swivel Safety Disoonnect,
Manuaf FII Valve. an<f complete pneumatic circuit for passive release. Also incfudes aI.nece&sary
$UppOrt legs, braces and brackeC:s. Merldtyer regulator. & two (2) tal pipe adapten> for tailpipes.
1 HOSE PACK PLYMOVENT STRA Hose Pack#I indudes: (Rescue & Engine)
# 2 (2)-4" Internal Crab wlRegulator and Balancer
(2 vehicles (2)-4" x 25' Hose Assembly
one bay) (2)- 4" x 2' lower hose Assy including Safety Disconnect and & 6.26" Grabber
(2)-STRA- Magazine Pack., &.100' Coiled Airline
1 STRA 55-1 PLYMOVENT STRA-55-1 STRAIGHT RAIL. includes 55' of extruded aluminum rail & 110' of
sicone tip c:oaled lip material for each system. ~ End Shock. ~ Safety Disoonnect,
Manual FII Valve. and complete pneumatic circuit for passive release. Also includes aI neoessaty
support legs. braces and brackets. fiIterIdryer regulator, & one (1) tal pipe adapter for tailpipe.
8,512.00 8.512.
8.163.00 8,163.
1 HOSE PACK PLYMOVENT STRA Hose Pack#1 includes: (USAR)
· 1 (1)-4" Internal Crab wJRegulator and Balancer
(1 vehicle (1}-4" x 25' Hose Assembly
one bay) (1)-.... x X lower hose Assy Incfudng Safety Disconnect and & 6.26" Grabber
(1)-STRA- Magazine Pack., & 100' CoIed AHne
1 TEV 3110-60 PLYMOVENT TEV-3110-60 3 hp, three phase Radial Exhaust Fan rated @ 1500 CFM @ S- w.9.
at 3450 rpm, 208-2201240V, 3PH 60HZ
NOTE: The fan size wiD accommodate a minimum ofthree(3) vehicles.
4.256.00 4.256.00
1.550.00 1.550.00
1
OS-3
PI.. YMOVENT 08-3 Engine Sensor Controf Box, 208-230 volt, 3 phase for 3 hp fan. To ilclude
pressure sensors for fan activation by vehicle exhaust, aI necessary motor starters and timer.
CONnNUED ON NEXT PAGE
1,150.00 1.150.00
EIec:tricaI or pneumatic oonnection. hook-ups. or rile sUPPI'eSSion. BY OTHERS .
PERMITS required to instal or operate, or any concrete Dad are responsibIIty of BUYER
INSTALLATION. IF QUOTED. WEEK-DAYS. NORMAL BUSINESS HOURS
JBMfTTED BY: .l1N ClEARY
SUBTOTAL
$31,794.00
DELIVERY TIME
6-8 Weeks ARO
F.O.B. POINT
JOB SITE
PAYMENT:rSRMS
PIymovent material on deINoery, tJaIarJce due @ ampIetion of each station
Ac.ceptaIlCe d PRJposat. The ~ pricing. specIfiGations, SIGNATURE:
terms and COl'ldiionG IIA: satisfactory and are hereby accepted.
You are auIhorize<I to do Ihe WOf1c: as outfned abooIe. OA TE:
1966 . 0 A HUE POMONA. CA 91 68 (909) 620-7114 F.: ~ 629-3236
325 S. 3RD ST. SUITE 1-171. /.AS VEGAS. NV 89101 (BOO) 998-1974 FAX: (702) 382-7404
01/31/05 .ON 18:27 (TX/RX NO 52861 ~005
. .- - .
....-.... -....................., ~,~
SOS 629 3236
. p.6
IIrl
AIR CLEANING SYSTEMS
SpeciarIZing in Industrial Ventilation and Clean Ak Solutions
TO: City of Vernon Are Department
4305 SANTA FE AVE'
VERNON CA 90058
ATTN: Michael Wison
Proposal - Page 2
Califomja License fI. 772590; Nevada License '56619
PHONE NO.
323-583-8811 XS12
FAX NO.
323-826-1407
LOCATION:
ARE STATION #3
2800 S. SOTO
Vernon. ca 90058
APPUCATJON:
VEHICLE EXHAUST
PROPOSAL DATE EXPIRATION DATE
December 6 2004 .Ja 5 200S
PROPOSAL NO.
J03 -11355
QTY ITEM NO.
St;B;~,A:. t=~M ?~le::: or.::=:
~}~-j,7~..~..::
DESCRIPI10N
UNIT PRICE AMOUNT
1,500.00 1.500.00
1 4505-1011 Pi.. YMOVENT UNI-FLTER BOX with pressure switch gauge. Includes 98% efficient prarticUate
tilter, & T thick aluminum mesh pre liter. Typic:aIly filer change id required 1-2 times per year
dependng on the station. Replacement filets are under $1 00
1 INSTALl InstaIafion materials incIu<ing ducting. s~ & mise. hardware.
MATERIAlS
3,000.00 3,000.00
1
TAX
SAlES TAX @8.25%
2.994.2~ 2.994.2!
1
INSTALl IIISTALlATION COMPLETE, Pl)moventsystem, ill and tabor@ REGUlAR Inon..prevailin~1J
LA80R RATES. Tail pipe h1odificafion is the responsibilty of others. Permis can be provided at costs plus
$75 per hour labor if required. Any modificaion to the above proposal as required by municipafity
d be at an addtionaf.charge. Outside $eMces such as structural engineering fees wi be passed
on at cost Incfudes slencer on blower.
12.373.75 12,373.75
EXCLUSIONS: . (In addtion to what is listed above)
1). Efedrical hook up and connection from station souroe to supplied PJymovent 0S-3 control panel
andfrom station source to supplied PIymovent fan.
2).P~ordr~
Electrical or pneumatic connection. hook-ups. or file suppression. BY OTHERS
PERMITS required to instaU or operate" or any ~ Dad are responsiblityof BUYER
IIISTALlATJON, IF QUOTED. WEEK-DAYS. NORMAL BUSINESS HOURS
SUBMITTED BY: .JIM CLEARY
TOTAL
$51,662.00
DELIVERY TIME F.O.B. POINT
6-8 Weeks ARO .JOB SITE
AocepCalloe otProposal: TheabollepriclnQ, ~lS.
tem1S and c:ondifions ace safisfactoly and 1ft her8by aocepIed.
You are authorized 10 do the work as 0UUined abo\r1a..
1966 W. HOL T A VENUE
PAYMENT TERMS
PIymovent material on deIivety. balance due @ compleIion 0( each station
SIGNATURE:
DATE:
CA 91768 (909) 620-7114 FAX:(909) 629-3236
325S. 3RDST. SUITE 1.171, LAS VEGAS. NY 89101 (BOO) 998-1974 FAX:(702J 382-7404
01/31/05 MON 18:27 (TX/RX NO 5286) ~006
nar U1 U1 U6:12p
p.3
, -
~"f
!
FIRE STATION SELF-SURVEY DRAWING
ARE DEPARTMENT: '/ e \.- "" 0 "" ~ , v-e;. '3 -
.STATION#:
STATION SURVEYOR: Todd Po... \ '" i<>"'"'- SURVEY DAlE: ~-<<-(-o'i
NOTES: t>,,~ \ "" j , s ",,_-t +~ s <..c;. \e. .
App- , ~rr'
. oc.c.>w- . . 000.- .
. 'l .
I
~ ...
.0 ...
@ ~. sc.... E: ..' <
t- ~
All g.....'-^ ~ I \J
. --
.
LlSA. ~
<tv
(j) - .~ ,C '""
V\
- ~
.
- ;S;
... III
~
<
r-~
ill .
0
1>> ~
2;-
. .
.; . .I I
w
1'hl$ ~ lAYOUT Ila$ '-"
PLYMOVENT"; Phone 800-998-1974 ~lIIdlsh~"
I't,moVcnl af nA of $MsoCll. HJ
1M $hall '* k dtdc10sed WlholA
Fax 909-629-3236 written consent to MY. 3"
Air Cleaning Systems Email: j~C$-c:aI.eom party
\
..:f l'
.
.
,
.
(
.
,
i
u_
..-.. ---.........'-7 ~,.,:)
::JU~ t>29 3236
P.8
~rl
AIR CLEANING SYSTEMS
Specializing in 1ndustJia( Ventilation and Clean Air Solutions
Proposal
California License '# 772590; Nevada license #56619
TO: City of Vernon Fire Department
4305 SANTA FE AVE
VERNON CA 90058
LOCATION:
ARE STATION..c
4530 Bandni Btvd.
Vernon, Ca. 90058
APPLICATION:
VEHIClE EXHAUST
A TIN: Michael Wison
PHONE NO.
I
FAX NO.
-,
I
EXPRAnON DATE
323-583-8811 X512
QTY ITEM NO.
2 SBTA21-8
PROPOSAL DATE
December 6, 2004
OES~
PLYMOVENT SBTA-21-B Sliding Balancer Track (SkIg1e Track, One Vehicle each bay); includes
2tr box-lock track for each system; complete with 25' of 4- dameter yeIow & black hose.
'GRABBER' Nozzfe, SWivel Safety Disconnect. Manual iii VaNe. and complete pneumatic ciraJit for
passive refease. AISJo includes all1eCeSSafy support legs, side braces and brackets. fileddfyer
regulator. & t'NO (2) PfymoVent tail pipe adapters for vehicfe talpipes.
323-826-1407
January S. 2005
I
PROPOSAL NO.
.J03 -11358
UMT PRICE AMoUNT
3,298.00. 6,596.00
1 TEV 359-60
I
/, 0S-3
j
I
1 4505-1011
PLYMOVENT TEV-359-60 2 hp. three phase Racial Exhaust Fan rated @ 1000 CFM @ 6" W.Q. at 1,500.00 1.500.00
3450 rpm. 208-22OV. 3PH 60HZ
PL YMOVENT 0S-3 Engine Sensor Control Box. 208-230 volt, 3 phase for 3 hp fan. To include
pressure sellSOfS for fan activation by vehicle emaust, aI nec:essaly motor startefS and timer.
NOTE: The fan size will accommodate a minimum oftwo(2) vehicles.
1,150.00 1,150.00
PL YMOVENT UNI-FIl. TER BOX with pressure switch gauge. Includes 98% efficient partic:ulate
tilter. & 2" thick aluminum mesh pre filer. Typically titer change id required 1-2 times per year
depending on the station. Replacement fiItets are under $100
1.500.00 1,500.00
1 INSTALL Installation materials incIu<ing ducting, supports & misc. hardware.
MATERIALS
1,800.00 1,800.00
CONTINUED ON NEXT PAGE
Electrical or pneumatic connection, hook-ups, or fire 5UDPft!SSion. BY OTHERS
PERMITS required to Install-or operate, or any concrete Dad are responsibility of BUYER
INSTAllATION, IF QUOTED. WEEK-DAys' NORMAL BUSINESS HOURS
SU8Ml1TED BY: .11M CLEARY
SUBTOTAL
$12,546.00
DELIVERY TIME F.O.B. POINT
6-8 Weeks ARO JOB SITE
Acoeptance of Proposal: The above pricing, specifications,
teems and conditiocl$ are satisractoJy and are hereby accepIed.
You are aulhodzed to do. the WOlfe as ouIined ~
PAYMENT TERMS
PIymOvent material on deIiwfy. balance due @ c:ompIelion 01 each station
SIGNATURE:
DATE:
1966 W HOLT A VENUE POMONA, CA 91768 (909) 620-7114 FAX: (909) 629-3236
325 S. 3RD ST. SUITE 1-171. LAS VEGAS. NV 89101 (BOO) 998-197-1 FAX: (702) 382-7404
01/31/05 .ON 18~?7 rTr/~T NO ~?RRI ~OOR
-- -----,
-----.....&..~ ..0:>>,,,:>>
::fU::f 029 3236
p.9
~&Ii
AIR CLEANING SYSTEMS
Specializing in Induslrial Ventilation and Clean Air Solutions
Proposal - Page 2
California license # 772590; Nevada Ucense #56619
TO: City of Vernon FIre Department
4305 SANTA FE AVE
VERNON CA 90058
A TTN: Michael Wilson
PHONE NO.
323-583-8811 X512
FAX NO.
323-826-1407
LOCATION:
ARE STATION 114
4530 Bandni Blvd.
Vernon. Ca 90058
APPLICATION:
VEHICLE EXHAUST
PROPOSAL DATE EXPIRATION DATE
December 6 2004 .Ian 2005
PROPOSAL NO.
..103 -11358
Q1Y ITEM NO.
1 TAX SALESTAX@8.25%
DESCRIPnoN
SU61'O"IAL r~OM PAS= 0;\):':: $'j2,e.:~S'::::
UNT PRtCE AMOUNT
1.035.04 l,035.0c1
1 INSTALl. INSTALLATION COMPLETE. PIymovent system. 1ft and Iabor@ REGUlAR (lIOfH)t'eVatlifIQ)
lABOR RATES. Tail pipe modification is the.responsibility of othec's. Permits can be provided at costs plus
$75 per hour labor if required. Any modification to the above proposal as required by municipality
WiIf be at an adcitional charge. Oub;lde senrices such as structural engineering fees wiI be passed
on at cost Includes silencer on-blower.
4.609.
4,609.96
EXCLUSIONS: (In addtion to what is listed above) .
1). Electrical hook up and connection from station source to supplied Plymovent OS-3 control panel
and from station source to suppied Pfymovent fan.
2). Permits or drawings.
EIectricaf or pneumatic connection, hook-ups, or fire suppression. BY OTHERS
PERMITS required to install or openate" or any concrete pad are responsibility of BUYER
INSTAlLA TION.IF QUOTED. weEK-DAYS. NORMAL BUSINESS HOURS
SUilMITTED BY: .JIM CLEARY
TOTAL
$18,191.00
Da.lVERY 11ME
6..a Weeks ARO
F.O.B. POINT
JOB SITE
PAYMENT TERMS
PIymoYent material on defivefy. balance due @ completion of each station
Acceptance d PR;lflOSaI: The abO\Ie pQc:::I~ spec;ificaIions
tenns and OOCIditiocIS are satis.fadoly and are heteI:Jr accepted.
You are~ to do the wor1< as outlined above..
01/31/05 ION 18:27 r'fURl" NO 5'11"1 IdJ009
~V:::l t:j~~ ::J~:1o
p.9
"ar JO 01 11:37a
VERNO" FIRE
STAYIDN I 3Z3-S0J-1GU~
P.2
y...
.. .
i
I
1
.
.
i
,
;
.
1
,
I
..
~
FIRE STAl10N SELF-SURVEY DRAVVlNG
ARE DEPARTMENT: fI""rtl~ Mr-c. STATION -= 'I
. .
STATION SURVEYOR: 14;\( Mt"!.lry SURVEY DATE: "3 i }oiJ'f
NOTES: .
: j
SO .;-
L -
..- -. L 'L_~"
l' ~ , , . L.' 1 OC.. z' l't'#..ff 1).&L. . .
~ If ,
,. .
.
'Il . "
f ..>
. .
, - IN s<<' ~..
- . i !
- . .
. :
. ,
". .
E:- ttf I i ~ ' ".'
.
ItI ' i .is , ..
. -'7 f")C\ i
t . jG
;
;
.-lJ I i
.
~ ~$ -I !
,
- ~
. f ;
I .
f :
,- s
I
i
;,j
.
'TN: "'*""'" lAYIXI1"" "-'
PLYMOVENT~ Phone 800-993-1974 ~ eM II: tlle,.....rtt1l4
~efftAt1l~JU
.... sNlI noC lie ~'lIOihM
Fax 909.629:-3236 ~consetIt _any t'"
Air Cleaning Systems &PI: jiln@ac$~~ p1y
vV
J
~I
i
Fe~ 01 05 10:22a
AIR CLEANING SYS
909 629 3236
~b01/002
p.2
.11.&.
AIR CLEANING SYSTEMS
SpecialIZing in Industrial Ventilation and CI8an Air Solutions
TO: ClyofVemon
4305 SANTA FE AVE
VERNON CA 90058
Proposal
California License # 772590; Nevada Ucense #56619
LOCATION:
FJRE STATIONS #1. '1#3.'114.
ATTN: Debbie
PHONE NO.
323-583-8811 X511
aTY ITEM NO:
FAX NO.
323-826-1433
f
I PROPOSAl. NO.
J03 -11549
UNIT PRICE AMOUNT!
PROPOSAl DATE
February 1.2005
DESCRIP110N
TOTAL SYSTEM SUMMARY PAGE
1
TATION '111 Plymownt system complete Incfudlng nstaIation, less exdusbns listed below.
neludes sales tax and freight charges. As referenced on Proposal # .103-11354.
68,54111.00 68.541.
1
ATION M3 Plymovent system comptete includilg 1nsIaIation, less ellCIusIons listed bebw. Includes 51.662.00 51.662.
tax and hlght duuges. As mferenced on Proposal. J03-11355.
1
TATION 1# 4. Plymownt system complete ~cludi1g lnstalation. less elCClusions listed belOw.
nclrdes sales tax and f1eight charges. As referenced on Proposal. ..103-11358.
18.1~1.00 18.191.
RAND TOTAL INCLUDING SALES TAX. 8.25% AND FREIGHT CHARGes._$138,3!M.ao
IS A "NOT TO EXCEED-
CUJS NS: As referenced on the proposals listed above
1). Electrical hook up and connection from station souroe to suppled Plymovent Os.s convol panel
from station source to supplied PIymovent fan.
). Pennls or drawings
). Tail p~ modifications to deparbnent whlcles
Elec::tricalor pneumatic connecUon, unless oCherwise staled above. hook-ups. or fire suooression.
BY OTHERS. PERMITS requifed to Instal or operate, or any oonctete aad are responsibility of
BUYER. INSTALLATION, F QUOTED. WEEK-DAYS. NORMAL BUSINESS HOURS
SU8MtTTED BY: JIM CLEARY
TOTAL
$138,394.00
DElIvERY TIME
6-8 Weeks ARO
F.O.B. POINT
JOB SITE
PAYMENT TERMS
PIymownt material ondelMly. balatcedue@ c::ml'Iefion d each staticn
A<<1epfallCe dProposal: TheaboVeprtclng.~ SIGNATURE:
terms and oonditions are :SaCfslac:;k.cy and ale her8by aceepted.
. You are Uharized to do the work as culIned above. DAlE:
1966 W. HOLTAVENUE POMONA, CA 91768 (909) 620-7114 FAX:(909) 629-3236
325 S. 3RD ST. SUITE. 1-171, LAS VE.GAS, NV 89101 (800) 998-1974 FAX: (702) 382-7404
02101/05 TOE 10: 21 (TX/RX NO 5292) @002
EXHIBIT B
Compensation and Payment
1.0 Contract Price.
1.1 Not to Exceed Value
As Compensation for Air Cleaning Systems' delivery of the equipment and
performance of the services in accordance with the terms and conditions of this
Agreement, City shall pay Air Cleaning Systems a maximum Contract Price
(Contract Price) of One Hundred Thirty-Eight Thousand Three Hundred Ninety-
Four Dollars and No Cents ($138,394.00). The actual amount will be based on
the time and materials required to furnish the equipment and perform the services,
billed in accordance with Air Cleaning Systems' rates identified in the Proposal
attached as Exhibit A.
1.2 Entire Compensation
Except as provided below in Exhibit D, the Contract Price is full and complete
compensation, and constitutes the entire compensation due Air Cleaning Systems
for the equipment and services and any and all of Air Cleaning Systems'
obligations hereunder, regardless of difficulty, unforeseen circumstances, hours
worked or equipment, materials or personnel required. The Contract Price
includes without limitation compensation for all applicable taxes, freight, customs
duties, fees, overheads, profit, travel time to and from the Work Site and all other
direct and indirect costs incurred or to be incurred by Air Cleaning Systems
hereunder, except as noted in Section 1.0 of the Agreement. The Contract Price
set forth above and the rates set forth in any attachment incorporated into this
exhibit are not subject to escalation for any reason. No adjustments in
compensation shall be made as a result of changes in the value of any currency.
The Contract Price shall only be adjusted by a formal, written Change Order or
amendment to this Agreement.
2.0 Compensation for Changes
The compensation due Air Cleaning Systems, or the credit due City, for "Changes" (as
that term is dermed in Exhibit D) may not be established verbally, and shall be
established in a written change order signed by City as described in Exhibit E.
Compensation adjustments in each such change order shall be established by one or more
of the following bases, as determined by City: (a) a lump sum price to be negotiated
between the parties; or (b) on a time and materials basis based on employee rates
established in Exhibit A, or (c) such lower rates as are otherwise agreed in the applicable
Change Order. Once established, the amount of the compensation due Air Cleaning
Systems or credit due City for a change shall not be subject to adjustment for any reason,
including changes in the value of any currency.
B-1
3.0 Invoicing and Payment
Air Cleaning Systems shall submit invoices acceptable to City, and City shall make
payment to Air Cleaning Systems in accordance with the terms set forth in Exhibit D. .
Payment of the invoices shall be made after acceptance and approval by City within 30
days of receipt. Air Cleaning Systems shall be responsible for paying any subcontractors
used in the performance of this Agreement. Subcontractors shall not bill the City
directly.
- End of Exhibit B -
B-2
EXHIBIT C
Insurance
Air Cleaning Systems and its Subcontractor (s), if any, shall, prior to commencement of any
work and for the duration of this Agreement, obtain and maintain at its own expense, those
minimum levels of insurance coverage as set forth below.
The insurance coverage as listed herein, shall be properly endorsed to include those contractual
obligations which may be identified further within this Agreement and shall be endorsed to
provide City and Owner all the rights and privileges of an additional insured.
Air Cleaning Systems shall cause its insurers to issue Certificates of Insurance or, upon request,
certified copies of the insurance policies evidencing that the coverages and policy endorsements
required under this Agreement, are maintained in force.
Air Cleaning Systems shall ensure its Subcontractor (s), if any, maintain those insurance
requirements as specified in this Schedule C and are endorsed as additional insured(s) on all
required Air Cleaning Systems' insurance coverages. Air Cleaning Systems and its
Subcontractor (s), if any, shall maintain in effect the following minimum insurance coverages on
an Occurrence Form Policy:
A. Workers Compensation within the statutory limits and, if necessary, Longshoremen and
Harbor Workers and Jones Act, including occupational illness or disease coverage in
accordance with the laws of the nation, state, territory, or province exercising jurisdiction
over the Employees. Workers Compensation and Employers Liability Insurance shall
have a minimum limit of$l,OOO,OOO per occurrence.
B. Comprehensive General Liability Insurance, including, but not limited to, Contractual
Liability, Products and Completed Operations Liability, Broad Form Property Damage
and Bodily Injury Liability, and Explosion, Collapse and Underground Liability, with a
minimum combined single limit of $1,000,000 per occurrence.
C. Comprehensive Automobile Insurance, including, but not limited to, all owned, non-
owned or hired vehicles with a minimum combined single limit of $1,000,000 per
occurrence for bodily injury and property damage.
D. Umbrella Liability Insurance with limits of $2,000,000. Such evidence of insurance can
either by through the primary insurance coverages or through an excess liability policy.
Such insurance shall at all times be on an occurrence form and provide policy conditions
as broad as those required in the primary insurance.
- End of Exhibit C -
C - I
EXHIBIT D
General Conditions
1.0 Definitions and Responsibilities
1.1 Definitions
Whenever used in the Agreement of which these General Provisions are a part,
the following terms shall mean:
a. "Agreement" shall mean that formally executed Agreement or Contract which.
includes the Contract Documents to which this Exhibit D is attached. The
Agreement constitutes the entire agreement between the parties relating to its
subject matter.
b. "Air Cleaning Systems" shall mean Air Cleaning Systems, Inc. and where
applicable, its affiliated companies, directors, officers, employees, agents and
representatives.
c. "Contract Documents" shall include any inquiry, invitation to bid, or proposal
which may have, but not necessarily, preceded execution of the Agreement, the
General Provisions and all exhibits and schedules attached to the Agreement and
all plans and specifications identified in the Contract Documents.
d. "Contract Price" shall have the meaning given it in Section 3.1.
e. "City" shall mean the entity which has executed the Agreement and, where
applicable, its affiliated companies, and its officers, directors, employees,
representatives and agents.
f. "General Provisions" or "General Conditions" shall mean these General
Conditions of this Exhibit D.
g. "Equipment" shall mean the equipment identified in Exhibit A.
h. "Owner" shall mean City of Vernon, California, and where applicable, their
affiliated companies, directors, officers, employees, agents, and representatives.
i. "Premises" shall mean the physical premises under City's and/or Owner's
control or ownership where work hereunder is to be performed.
j. "Proprietary Information" shall mean all information, whether written or oral,
which Air Cleaning Systems acquires from, through or on behalf of City, directly
or indirectly, or which arises out of the work, concerning the work or proprietary
processes involved in the work including, without limitation, information
concerning past, present or future business plans of City, information about the
operations of City's Premises, and other City information or know-how obtained
during the Work, except information falling into any of the following categories:
D -1
(1) Information which, at the time of disclosure hereunder, is in the public
domain;
(2) Information which, after disclosure hereunder, enters the public
domain, except where such entry is the result of Air Cleaning Systems' or
any entity within Air Cleaning Systems' control or breach of this
Agreement;
(3) Information which prior to disclosure hereunder, was already in Air
Cleaning Systems' possession without limitation regarding disclosure to
others; or
(4) Information which subsequent to disclosure hereunder, is obtained by
Air Cleaning Systems from a third party who is lawfully in possession of
such information and not subject to a contractual or fiduciary relationship
to City with respect to said information and who does not require Air
Cleaning Systems to agree to refrain from disclosing such information to
others.
k. "Subcontractor(s)" shall mean any first or lower-tier Subcontractor(s) and its
employees, representatives, agents, Subcontractor(s) or other personnel who have
been approved in the manner required by the Agreement.
I. "Work" or "Services" shall mean the work performed by Air Cleaning Systems
. and required to be performed from time to time by City under the Agreement.
1.2 City's and Air Cleaning Systems' Representations
Air Cleaning Systems and City represents that it has read and understands the
Agreement and Contract Documents. Air Cleaning Systems represents it
understands the Owner's regulations concerning premises access, badges,
parking, security, safety, fire, prohibited drugs and alcohol, and smoking and
other rules, and that Air Cleaning Systems has visited the Premises where the
Work is to be done and is familiar with the local conditions under which it is to be
done. Air Cleaning Systems also represents that it is experienced in providing the
equipment and in performing and competent, and qualified to perform the kind of
tasks or assignments included in the Work and employs or has available for
employment in sufficient numbers all unskilled, skilled, administrative,
supervisory, professional and managerial or other personnel required to perform
the Work as required by the Agreement.
1.3 Representatives of the Parties
At all times while Work is being performed on the Premises each party shall be
represented thereon by a designated representative. Each party may notify the
other in writing of the identity of such persons from time to time.
III
D-2
2.0 Scope of Work: Division of Responsibility
2.1 Description of the Work
A description of the Work is set forth in this Agreement and the attachments
thereto. City may at any time, by written change order by City's authorized
representative identified in the Agreement, make changes only to extend the work
duration and total compensation of Air Cleaning Systems' work. Changes in the
scope of work, or duties and obligations, shall be authorized only by the City.
2.2 Air Cleaning Systems' Responsibilities
Unless otherwise specified in the Agreement, Air Cleaning Systems shall furnish
the equipment and perform the duties as outlined in the Agreement between the
Air Cleaning Systems and the City.
2.3 Work Injury
The treatment and care of injuries sustained by Air Cleaning Systems' employees,
Subcontractor( s), representatives or other personnel shall be and remain the
responsibility of Air Cleaning Systems. City's and/or Owner's first aid facilities,
if any, however, will be made available to Air Cleaning Systems' employees in
emergency cases which are the direct result of accidents occurrillg on the
Premises. City shall incur no liability for, and Air Cleaning Systems hereby
agrees to indemnify Owner against, any causes of action, claim, liability or costs,
including attorneys' fees, arising in whole or part out of the furnishing of such
first aid facilities or assistance to Air Cleaning Systems' employees,
Subcontractor(s), representatives or other personnel, or out of the failure to
furnish such facilities or assistance.
3.0 Compensation and Payment
3.1
Contract Price
..
The compensation set forth or provided for in the Agreement is the Contract
Price. Whether it expressly provides for the reimbursement of costs incurred by
Air Cleaning Systems or simply for the payment of a lump sum of money, it is
intended to be the full and complete payment for satisfactory delivery of the
equipment and completion of the Work and, unless otherwise stated, to cover all
costs whether for materials, equipment, tools, labor, services, freight and taxes
and all overhead, rentals and profit or fee, if any.
3.2 Reimbursables and Other Expenses
Expenses may only be billed if advance written approval has been obtained from
the City Administrator.
D-3
3.3 Terms of Payment
Air Cleaning Systems shall be entitled to receive payment for materials on
delivery and the balance due at the completion of Work at each fire station. Air
Cleaning Systems shall submit progress payment requests, prepared in accordance
with City requirements, upon completion of the Work. City will make payment to
Air Cleaning Systems within thirty (30) days after acceptance and approval of the
invoice received from Air Cleaning Systems.
3.4 Records, Inspection and Audit
During the course of the equipment being furnished and the Work being
performed, Air Cleaning Systems and any of its Subcontractor(s), shall maintain
and retain, not less than three years after completion thereof, complete and
accurate records of the Air Cleaning Systems' costs which are chargeable to City
under this Agreement. City or its designated, authorized representatives, shall
have the right during this three year period, upon written reasonable notice, to
inspect and audit those records. Such records to be maintained and retained by
the Air Cleaning Systems shall include: (a) payroll record accounting for the total
time distribution of the Air Cleaning Systems' employees working full or part
time on the Work (to permit tracing to payrolls and related tax returns) as well as
canceled checks or signed receipts for payroll payments in cash; (b) invoices for
purchases, receiving and issuing documents, and all the other unit-inventory
records for the Air Cleaning Systems' stores stock or capital items; (c) paid
invoices and canceled checks for material purchased and for the Subcontractor(s)
and any other third-parties' charges; and (d) any other documentation City deems
necessary to support costs and charges under this Agreement.
3.5 Corporate Conduct
Air Cleaning Systems, its employees, agents or representatives shall not offer or
give to an officer, official, or employee of City or Owner, gifts, entertainment,
payments, loans or other gratuities to influence the award of a contract or obtain
favorable treatment under a contract.
4.0 Termination of Contract
4.1 Non-Default Termination
City, at its sole discretion, may terminate this Contract upon fifteen (15) days
written Notice to Air Cleaning Systems and such termination shall be effective in
the manner specified in such Notice and shall be without prejudice to any claim
that either party may have against the other.
4.2 Termination Payment
In the event of any such termination, in full and complete settlement for the
equipment furnished and termination of the Work, City shall pay Air Cleaning
Systems for the equipment and services performed prior to the date of delivery of
D-4
the termination notice, plus compensation for (i) necessary equipment furnished
and work performed during the notice period and authorized in the termination
notice, and (ii) all costs reasonably and necessarily incurred by Air Cleaning
Systems directly attributable to termination which could not reasonably have been
avoided and for which Air Cleaning Systems is not otherwise compensated that
are incurred through the date of the termination and in effectuating the
termination (the "Termination Expenses"). Termination Expenses shall not
include lost profits, lost opportunities, consequential damages, or the like. In no
event shall total payment exceed the Contract Price.
4.3 Loss of Profits
In the event of any termination of this Contract or reduction in equipment or
scope ofthe Work, Air Cleaning Systems shall not be entitled to damages for loss
of profits for the unexecuted portion of the equipment and Work or any other
damages because of such termination or reduction.
5.0 General provisions
5.1 Independent Contractor
Air Cleaning Systems shall be an independent contractor with respect to all the
services to be performed hereunder and shall have responsibility for and control
over the details and means for performing the Work. Neither Air Cleaning
Systems nor any of those employed in furnishing such services shall be deemed
the agents, representatives, employees or servants of City. Air Cleaning Systems
shall have complete and sole control over its employees, the details ofthe services
and the methods by which the services are accomplished, it being understood that
City is interested only in the results to be obtained by Air Cleaning Systems.
5.2 Insurance
Air Cleaning Systems agrees to provide insurance in the amounts and forms
specified in Exhibit C, which is attached hereto and incorporated by reference.
Air Cleaning Systems shall submit to the City documentation indicating
compliance with these minimum requirements no less than one (l) day prior to
the beginning of performance under this Agreement. Air Cleaning Systems shall
not commence performance of its work under this Agreement until the above
insurance has been obtained and proof of insurance has been filed with and
approved by the City.
Air Cleaning Systems shall not permit a subcontractor or vendor to perform work
on City premises unless and until a certificate of insurance is obtained showing
that such subcontractor or vendor has worker's compensation coverage. If Air
Cleaning Systems employs subcontractors as part ofthe services rendered, Air
Cleaning Systems' protective coverage is required. Air Cleaning Systems may
include all subcontractors as insureds under its own policy or shall furnish
separate insurance for each subcontractor, meeting the requirements set forth
herein.
D-5
5.3 Standard of Care
Air Cleaning Systems agrees that all services provided will be conducted by the
principal and competent staff members, if any, under the supervision of tb,e
principal, and that services will be performed and rendered diligently. Air
Cleaning Systems represents that it has, or shall secure, at its own expense, all
personnel required to perform Air Cleaning Systems' services under this
Agreement, but at all times shall be responsible for the services of such personnel.
Air Cleaning Systems may not employ any subcontractor(s) without the prior
written approval of the City.
5.4 Indemnification
Air Cleaning Systems' Indemnity. To the fullest extent permitted by law, Air
Cleaning Systems shall defend, indemnify and hold harmless City and its elected
officials, officers, agents and employees from all claims, suits, actions, demands,
damages, liabilities, expenses, judgments, settlements and penalties, losses, fines,
and all costs and expenses incurred in connection therewith, including reasonable
attorneys' fees and all costs of defense, arising out of or attributable to the
negligent or wrongful acts of Air Cleaning Systems or its employees or agents
under this Agreement, except to the extent arising from or caused by the sole
negligence or willful misconduct of the City, its officers, agents or employees.
The terms of this indemnity shall survive the termination of this Agreement. The
obligations in this Paragraph are in addition to Air Cleaning Systems' duty to
provide insurance and shall not be limited by any limitation on the amount or type
of insurance coverage carried by Air Cleaning Systems.
Indemnity Process. The City shall notify Air Cleaning Systems in writing of any
suits, claims or demands covered by this indemnity. Promptly after receipt of
such notice, Air Cleaning Systems shall assume the defense of such claim with
counsel reasonably satisfactory to City. If Air Cleaning Systems fails, within a
reasonable time after receipt of such notice, to assume the defense with counsel
reasonably satisfactory to City, or if, in the reasonable judgment of City, a direct
or indirect conflict of interest exists between the parties with respect to the claim,
or if in the sole judgment of City the assumption and conduct of the defense by
Air Cleaning Systems would materially and adversely affect City in any manner
or prejudice its ability to conduct a successful defense, then the City shall have
the right to undertake the defense, compromise and settlement of such claim for
the account and at the expense of Air Cleaning Systems. Notwithstanding the
above, if the City in its sole discretion so elects, City may also participate in the
defense of such actions by employing counsel at its expense, without waiving the
City's obligations to indemnify or defend. Air Cleaning Systems shall not settle
or compromise any claim or consent to the entry of any judgment without the
prior written consent of the City and without an unconditional release of all
liability by each claimant or plaintiff to the City.
1/1
D-6
5.5 Treatment of Confidential and Proprietary Information
a. For ten years after the effective date of this Agreement, Air Cleaning Systems
shall refrain from using any Confidential or Proprietary Information except in
conn,ection with the Work or from disclosing it to any third party other than to
employees of Air Cleaning Systems who require it in performance ofthe Work
and except to such other third persons as City may otherwise authorize in writing.
If disclosure to such an employee or other third person is so authorized, Air
Cleaning Systems shall enter into with said party, a confidentiality agreement
containing provisions with respect to use and disclosure of Proprietary
Information substantially the same as those contained in this General Condition.
b. Air Cleaning Systems shall take reasonable precautions to safeguard any
documents containing Proprietary Information which City may supply to Air
Cleaning Systems hereunder. Air Cleaning Systems may copy, in whole or part,
such documents to the extent necessary for the performance of the Work and Air
Cleaning Systems shall return to City upon the completion of the Work or request
by City all such documents and copies.
c. Except as expressly permitted by prior written consent of the City, Air
Cleaning Systems and/or its subcontractors shall not disclose, permit the
disclosure of, release, disseminate, or transfer, whether orally or by any other
means, any part of such Confidential Information to any other person or entity,
without the express prior written consent of an authorized representative of the
City. Air Cleaning Systems and/or its subcontractors shall return any written
Confidential Information and all copies made of such items to the City upon the
City's written request, but in any event not later than the date that Air Cleaning
Systems has delivered all equipment and performed all Work to be performed
pursuant to this Agreement. Air Cleaning Systems hereby agrees that such
Confidential Information and any documents provided may be used by Air
Cleaning Systems and/or its subcontractors only as authorized by the City. Air
Cleaning Systems shall include a provision in its agreements with subcontractors
that binds the subcontractors to this non-disclosure requirement.
5.6 Compliance with City's and Owner's Regulations
Air Cleaning Systems shall observe, and shall cause its Subcontractor(s) and the
employees of each of them to observe, all of City's and Owner's regulations as
they may be revised from time to time concerning the safety and security of
persons and property, housekeeping and Premises or plant work hours.
5.7 Compliance with Authority
Air Cleaning Systems shall comply with all laws, regulations, executive orders
and other applicable requirements of any governmental agencies having
jurisdiction including the Fair Labor Standards Act, the Occupational Safety and
Health Act and all those relating in any way to employment practices and
protection ofthe environment. Air Cleaning Systems shall not discriminate
D-7
. .
against any employee or any applicant for employment for reasons of race, color,
creed, sex, age or national origin.
Air Cleaning Systems shall make timely payment of all employment taxes and of
all social security and other contributions of every kind required to be made with
respect to or measure by the wages and salaries of persons employed by Air
Cleaning Systems.
Air Cleaning Systems shall indemnify City and Owner against, and hold City and
Owner harmless from, any liability or loss including liability or loss from fines or
penalties arising out of Air Cleaning Systems' failure to perform the obligations
imposed upon it by this section.
5.8 Assignments and Subcontractors
. Air Cleaning Systems' rights under this Agreement may not be assigned nor may .
its duties be delegated or subcontracted without the prior written consent of City~
Any assignment or delegation or subcontract in violation of this section. shall, at
City's discretion, be void. Consent by City shall not relieve Air Cleaning Systems
of responsibility for performance of Air Cleaning Systems' obligations hereunder.
City may assign all or any part of this Agreement at any time effective
immediately upon written notification to Air Cleaning Systems.
5.9 Waiver
The waiver by either party of a breach or default by the other party shall not be
deemed a waiver of any different or later breach; nor shall any delay or omission
by either party to exercise any right it may have hereunder operate as a waiver of
any breach or default or of such right.
5.10 Applicable Law
This Agreement shall be governed by and construed under the laws of the State of
California.
5.11 Captions
The captions used in this Agreement are for convenience only and shall in no way
define, limit or describe the scope or intent of this Agreement or any part thereof.
5.12 Notices
All notices required or permitted hereunder shall be in writing and shall be
delivered to the entity or person identified in the Contract Documents under
Notices. Notice sent by properly addressed mail, certified or registered with
return receipt requested and postage prepaid, shall be effective three days after
deposit in the mail or when received, whichever is earlier. Notice sent by
facsimile, telegraph, telex or cable and confirmed by copy thereof sent by
registered or certified mail shall be effective upon the date of such facsimile,
D-8
.J
telegraph, telex or cable. Notices sent in any other manner shall be effective only
if and when received.
5.13 Entire Agreement
The Agreement, and the attached Exhibits, constitute the entire Agreement by the
parties and it may not be altered, amended or changed without a duly executed
document by all parties.
5.14 Attorneys' Fees
In the event a dispute, claim or litigation arises regarding this Agreement, the
prevailing party shall be entitled to reimbursement for reasonable attorneys' fees
and actual costs.
5.15 Changes in the Work
City may make "Changes" by increasing, reducing or deviating from the
requirements of the equipment or scope of Work. A form of Change Order is set
forth in Exhibit E attached hereto and incorporated by reference.
5.16 Forum
Any dispute related to this Agreement shall be adjudicated in a state ~ourt serving
the County of Los Angeles, California.
5.17 Force Majeure
Neither party shall be considered to be in default in any of its obligations under
this Agreement when a failure of performance shall be due to an uncontrollable
force. The term "uncontrollable force" shall mean any cause beyond the control
of the party affected, including, but not restricted to, flood, earthquake, storm,
fire, lightening, epidemic, war, riot, civil disturbance or disobedience, federal,
state, or municipal action, statute, ordinance, or regulation, embargoes of the
United States Government or any other government, which by exercise of due
diligence such party could not reasonably have been expected to avoid and by
exercise of due diligence has been unable to overcome. Either party rendered
unable to fulfill any of its obligations under this Agreement by reason of an
uncontrollable force shall give written notice within five (5) business days of such
fact to the other party and shall exercise due diligence to remove such inability
with all reasonable dispatch.
- End of Exhibit D -
D-9
.J
EXHIBIT E
Form Chan2:e Order
CHANGE
Contract Number:
Change Number:
The requirements of the above designated Agreement are changed as follows:
City and Air Cleaning Systems agree that Air Cleaning Systems' compensation shall be adjusted
as follows:
City and Air Cleaning Systems agree that Air Cleaning Systems' schedule shall be adjusted as
follows:
This adjustment covers the entire compensation for the Change set forth above and includes, but
is not limited to compensation for all engineering, material, equipment, subcontracts, labor,
overhead, profit, changes in scheduling and delays resulting, directly or indirectly, from the
Change, as further detailed in the Agreement.
Air Cleaning Systems (Air Cleaning Systems, Inc.) City (City of Vernon, California)
By By
Date Date
E - 1
. ~.
INSTRUCTIONS TO AIR CLEANING SYSTEMS
Contract Number:
Instruction to Air Cleaning Systems Number:
Date:
Specific Instructions to Air Cleaning Systems:
In accordance with the Terms and Conditions ofthe Agreement, the City classifies these
instructions as:
Supplementary instructions, not involving a Change
(Should these instructions be, in the opinion of Air Cleaning Systems, a "Change", written notice
thereof must be given to City within 10 days of the receipt of these instructions. If such written
notice is given, Air Cleaning Systems shall not commence with the work so ordered until written
agreement is reached on the classification of these instructions and on the resulting adjustment in
contract compensation, if any.) In the event that City and Air Cleaning Systems fail to agree on
the classification of these instructions or resulting adjustment in contract compensation, if any,
refer to the Changes Section of the Agreement.
A Change
(Air Cleaning Systems shall, within 10 days of the receipt of these instructions, furnish City a
statement of its proposal for adjustment in contract compensation occasioned hereby. Air
Cleaning Systems shall not commence with the work so ordered until written agreement is
reached on the resulting adjustment in contract compensation, if any.) In the event that City and
Air Cleaning Systems fail to agree on the classification of these instructions or resulting
adjustments in contract compensation, if any, refer to the Changes Sections of the Agreement.
Date
City Representative
Please acknowledge receipt of this instruction by returning one copy signed in the space
provided below. Air Cleaning Systems' signature hereon does not indicate his acceptance ofthe
classification assigned hereto by City.
Air Cleaning Systems' Representative
Date
- End of Exhibit E -
E-2