HomeMy WebLinkAboutC2025-279 - 12/9/2025 - Approved CITY OF CORPUS CHRISTI
ENGINEERING SERVICES
CHANGE ORDER
VENDOR 1D NO.: 160772
PROJECT: Arena HVAC Improvements CONTRACT NO.: 6187
CONTRACTOR: Central Air&Heating Services,LLC
ENGINEER: Gignac Architects PROJECT NUMBER: 23195
PROJECT MANAGER: Michael Pryer CHANCE ORDER NO: 3
OPERATING DEPT.: Economic Development CHANCE ORDER DATE: 1/16/2026
Make the following additions,modifications or deletions to the work described in the Contract Documents:
ADDITIONS Quantity Unit Unit Price Total
Dehumidifier Replacement
PART H-HVAC EQUIPMENT
H-N 1 Replacement of Dehumidifier 1 LS $ 693,371.00 $ 693,371.00
Subtotal: $ 693,371.00
Additional Contract Time Due To:Scope of Work 90 DAY $ $ -
Additions Total: $ 693,371.00
DELETIONS Quantity Unit Unit Price Total
none
1 n/a 0 LS $ $
Deletions Total: $
Additional Calendar Days requested 90 NET TOTAL OF THIS CHANCE ORDER: $ 693,371.00
Why was this Change necessary:
The original bid received for the dehumidifier installation was determined to be cost-prohibitive.Executing the work through a change order allows the City to achieve cost savings and expedite
the project timeline,while still fulfilling the CIP objective of upgrading the Arena's HVAC system to improve environmental control and operational efficiency.
This Contract Modification represents Final Adjustment for any and all amounts due or to become due to Contractor for changes referred to herein.Contractor further releases all other claims,if
any(except those claims previously submitted in writing in strict accordance with the Contract),for additional compensation under this Contract,including without limitation any rights Contractor
may have for additional compensation arising out of delays or disruption of Contractors schedule as may have arisen prior to the date of this Contract Modification.Unless otherwise expressly
provided herein,the time ofcompletion and all other terms and conditions ofthe Contract remain unchanged
Original Contract Amount $ 4,024,972.80 Proposed Change Order
Maximum Change Order Contingency Amount(25%) $ 1,006,243.20 Funding Source(s)
Remaining Available Contingency Amount(including this CO) $ 312,872.20 SECTION/FUND
FUND: 3274-57-89
Previously Approved Change Order Amount $ - ACCOUNT: 550910
Proposed Change Order Amount $ 693,371.00 for use by CAP ACTIVITY;123195
Revised Contract Amount $ 4,718,343.80 for use b CAP AMOUNT; $693 371.00
Percent of Total Change Orders(including this CO) 17.23%
SECTION/FUND
Original Contract Time for Substantial Completion 105 CD's FUND; n/a
Notice to Proceed Date 4/7/2025 ACCOUNT; n/a
Original Substantial Completion Date 7/21/2025 ACTIVITY; n/a
AMOUNT: n/a
Previously Approved Change Order Time 0 CD's
Additional Time on This Change Order 90 CD's SECTION/FUND
Revised Contract Time for Substantial Completion 195 CD's FUND: n/a
Revised Substantial Completion Date 10/19/2025 for use by CAP ACCOUNT: n/a
ACTIVITY: n/a
CONTRACTOR AMOUNT: n/a
REQUESTED BY: Central Air&Heating Services,LLC
SECTiON/FUND
G1sa 01/23/2026 FUND: n/a
Ch,d ueand(J- ,2026131.12cST) ACCOUNT: n/a
Contractor Date ACTIVITY: n/a
Central Air&Heating Services,LLC AMOUNT: n/a
CITY OF CORPUS CHRISTI
r4 4d b( ,4 Ga�cr'a,7� 01/23/2026 01/26/2026
REVIEWEDBY: Al��uo(nJ)GaIaai,Ua�23,202611:30:09csrl APPROVED BY:
Arnulfo Garcia Date Jeff H.Edmonds,P.E. Date
Finance
(.&Resource Manager Director of Engineering Services
RECOMMENDED BY: Jos h Johnson(Jar 23,202614:56:42 CST) O1/23/2026
Joseph Johnson Date
Assistant Director of Construction Inspection
��ua� 01/23/2026 M2025-166 initials
100
APPROVED AS TOwhr.1-121,1D2614ses4CST( Authorized LegistrarNo.
FORM:Janet Whitehead Date RH/SB
12/9/2025 Council Date Assistant City Attorney By Council
O 1/23/2026
1 CCLz6d-- 116tw 01/26/2026
RECOMMENDED BY: Rudy Pena(Jan 23,2o2e 16:so:59 CST) ATTEST: l�4
Rodolfo Pena Date (Council)Rebecca Huerta Date
Capital Budget Manager (>$100,000.00 or>_25%) City Secretary
AGENDA MEMORANDUM
Action Item for the City Council Meeting December 09, 2025
DATE: December 09, 2025
TO: Peter Zanoni, City Manager
FROM: Jeff H. Edmonds, P. E., Director of Engineering Services
0effreyea-corpuschristitx.com
(361) 826-3851
Daniel McGinn, Director of Planning & Community Development
danielmc(a)corpuschristitx.com
(361) 826-7011
Construction Change Order
Arena HVAC Improvements
CAPTION:
Motion authorizing the approval of Change Order No. 3 with Central Air and Heating Service
LLC, of Harlingen, TX, for the replacement of two existing 335-ton desiccant dehumidifiers at the
Hilliard Center Arena, in an amount of $693,371 for a total contract amount not to exceed
$4,718,343.80, with funding available from Type A Sales Tax (prior).
SUMMARY:
This change order authorizes an increase in contract value to remove and replace two existing
335-ton desiccant dehumidifiers completing the HVAC upgrades that are currently in construction.
BACKGROUND AND FINDINGS:
Arena HVAC Improvements Rebid construction contract was authorized by Council on February
18, 2025, in an amount not to exceed $4,024,972.80 with FY 2025 Capital funding available from
the Type A/B Sales Tax funds. The Type A Arena Sales Tax collection has expired after 25 years,
and remaining funding has been allocated to the FY26 Capital Budget Arena. Construction of the
Arena HVAC Improvements project began in April 2025.
The original contract scope encompassed the purchasing and replacement of the 1000-ton water-
cooled chillers, two existing 1000-ton cooling towers (along with structural support), and the HVAC
equipment controls. City procured the HVAC equipment from Trane through a Buy Board
cooperative procurement to expedite the project. Delivery of the chillers occurred in August 2024,
and the cooling towers were delivered in September 2024. Both HVAC chillers were installed by
July 2025.
City also purchased the dehumidifiers from Trane under the Buy Board procurement. Installation
of dehumidifiers was not included in the first construction contract scope due to being longer lead
items. The dehumidifiers were delivered by the manufacturer on November 24, 2025 and are
currently stored in the Arena parking lot.
The initial design called for removing and replacing the new dehumidifiers in the same location.
During the site visit contractors have expressed concerns over the workspace limitations, as they
wouldn't be able to use a crane in the arena to remove the existing units and install the new units
without impacting the Arena ice set up.
Based on the contractors' input, alternative locations were identified for the dehumidifiers and an
alternate design was completed. This new location and work associated with preparing the space
was advertised for bid as Phase Two of the Arena HVAC improvements project. On September
17, 2025, only one bid was received for$1,867,991.41.The OPCC the project was$1,660,640.00.
Based on the fact that the only bid exceeded OPCC and the budget, the bid was rejected.
The 1st phase of the HVAC Improvement, chillers installation project, will be completed by Jan
2026. Given the fact that Central Air and Heating Service is still working on Phase 1, staff
requested a change proposal from them for the dehumidifier installation. They provided a change
order proposal in the amount of $693,371 and requested an additional 90 days to complete the
change order scope of work.
Staff had evaluated the alternative of re-advertising the dehumidifier installation for bid. The
procurement and council approval process might delay the installation by four months and
construction would extend into summer of 2026 which is a peak activity period for the Arena and
not the ideal time to schedule construction. There was also a risk of bids over budget or no bids.
The equipment also must continue to be stored until it is installed. Lastly, the dehumidifiers need
to be replaced as soon as possible for the new chillers to work efficiently. The dehumidifiers
eliminate fogging and condensation. They are also needed for ice rink humidity control which
helps maintain the ideal hardness and smoothness of the ice. The existing dehumidifiers are in
bad condition and could fail before the replacements are installed.
This change order will also allow the work to be completed before Buc Days and without any
interruptions to major scheduled events at the Arena. This motion will authorize the installation of
the dehumidifiers at the Arena via a change order in the amount of $693,371 with an additional
90 days to complete the work. The revised substantial date will be April 2026.
As part of the arena HVAC upgrades, a condensate reuse feasibility study completed earlier this
year. The study confirmed that condensate reuse at the complex is technically feasible. The study
recommends recovering and treating condensate water from air handlers. That water could be
routed to a central treatment skid and supplied to cooling towers to reduce reliance on make-up
water from the distribution system.
The dedicated condensate reuse project has an estimated cost of $925,000.00. The study
estimated that condensate recovery could reduce make-up water demands by up to one-third and
possibly pay for itself in eight years. Condensate recovery is being contemplated for inclusion into
a future project for the Convention Center HVAC System & Chiller Replacement project. The
current project with regenerating desiccant does not produce a liquid condensate stream.
ALTERNATIVES:
Council can elect not to authorize the change order. Since the replacement of the dehumidifiers
is required to complete the arena HVAC improvements, staff will have to re-advertise for bids. Not
approving this change order will delay the replacement of the dehumidifiers and could potentially
increase costs.
FINANCIAL IMPACT:
On May 15, 2023, the Corpus Christi Business and Job Development Corporation approved the
request for funding in the amount of$6,500,000 from the Type A Arena Fund. On May 23, 2023,
City Council approved budget appropriation transferring funds to the Arena Capital Improvement
Fund. Additional funds were allocated in FY2025 to cover additional project cost for a total amount
of$9,470,000 in the Capital Budget Type A Arena Fund.
The fiscal impact for FY 2026 is an amount of$693,371.00 with funding available from the
Capital Budget Type A Sales Tax—Arena (2000).
FUNDING DETAIL:
Fund: Arena Type A (Fund 3274)
Department: Economic Development (57)
Organization: Grants & Capital Projects (89)
Project: Arena HVAC Improvements (Project No. 23195)
Account: Construction (550910)
Activity: 23195
Amount: $693,371.00
TOTAL $693,371.00
RECOMMENDATION:
Staff recommend approval of Change Order No.3 in an amount of$693,371 and an extension of
90 days, with Central Air and Heating Service LLC., Harlingen, Texas, for the replacement of
two existing 335-ton desiccant dehumidifiers at the Hilliard Center Arena.
LIST OF SUPPORTING DOCUMENTS:
Change Order
Location and Vicinity Maps
CIP Page
COF
CITY OF CORPUS CHRISTI
CERTIFICATION OF FUNDS
(City Charter Article IV, Sections 7 & 8)
I, the Director of the Finance & Procurement Department of the City of Corpus Christi, Texas (or his/her
duly authorized representative), hereby certify to the City Council and other appropriate officers that the
money required for the current fiscal year's portion of the contract, agreement, obligation or
expenditure described above is in the Treasury to the credit of the Fund specified above, from which it is
to be drawn, and has not been appropriated for any other purpose. Future payments are subject to
annual appropriation by the City Council.
City Council Action Date: December 9, 2025 Legistar Number: 25-1737
Agenda Item: Motion authorizing the approval of Change Order No. 3 with Central Air and Heating
Service LLC, of Harlingen, TX, for the replacement of two existing 335-ton desiccant dehumidifiers at
the Hilliard Center Arena, in an amount of $693,371 for a total contract amount not to exceed
$4,718,343.80, with funding available from Type A Sales Tax (prior).
Amount Required:(Amount to be Certified) $693,371.00
Fund Name Accounting Unit Account No. Activity No. Amount
Arena Type A 3274-57-89 550910 23195 $693,371.00
Total $693,371.00
❑ Certification Not Required
Director of the Finance & Procurement Department
Date:
6*k %
5 CA H S,. All ways forward.
4; A MOOIGENT COMPANY
To:The City of Corpus Christi 10.16.2025
Project:ABC Phase 1 Change Order Dehumidifier Replacement
Will Require 90 Additional Days(From NTP on Change Order if approved,pending ABC Events or Delays in work)
Base:....................................................................................................................................................................$693,371.00
THIS PRICING IS GOOD FOR 30 DAYS FROM DATE ABOVE.PRICING IS SUBJECT TO CHANGE AFTER 30 DAYS.
This proposal has been priced with current pricing from our vendors and subcontractors to project a realistic price for the
next 30 days.All steel,copper,refrigerant and equipment pricing is changing day to day.Our lead times and supply
chains are being delayed by materials and labor shortages.
Price includes.
1. Demo and Installation of new Trane Dehumidifiers
2. Demo of Existing Dehumidifier/Sheetrock Wall
o Installation of new Guardrail in place of Sheetrock Wall
3. Dumpster inside the arena for Demo
4. Lifts and Forklift Equipment for Demolition and Install
5. Ductwork&Insulation
6. Disconnect&Reconnect Controls/Electrical/CHW Piping/Plumbing
o Relocation of electrical/electrical conduit on wall to be demoed
7. Equipment Lift&Rigging/Crane(Crane does not need to be placed on Ice Rink)
8. CAHS assistance in coordinating delivery of Dehumidifiers from Trane
9. CAHS assistance in coordinating work with ABC Center
10. Certified TAB
Items and or services not included in above price:
1. Moving Equipment in the way of demo/install(Zamoboni,Coolers,Refrigerators,etc.)
2. Moving Curtain/Hockey Net and Motors
3. Transporting New Dehumidifiers to Jobsite(ABC Arena)
4. Roofing
5. Overtime
6. Moving Ice Rink Equipment/Rink Walls
7. Ceiling Access Panels
S. Special Coatings not specified
9. Temporary Heating/Temporary Cooling
10. Temporary Dehumidification
11. Permit for Transporting Units,transporting units from Trane
12. Concrete Work/House Keeping Pads
13. Hepa Vacuum Filter Duct Cleaning
Austin Wilson
Account Executive
i CENTRAL AIR&HEATING SERVICES
Main 956.428.4509 1 Cell 830.643.9279
cahsinc.com
Main 956.428.4509 1 3028 Wilson Rd, Harlingen, TX 78552 cahsinc.com
LIC#TACLA269540
ABC Dehumidifier-Overall Cost/Sale Breakdown
SUB(5%) Self-Perform(15%) Total Sale
Legends-Certified Field Welding 10500 11025
1C1-Controls 53450 56122.5
Crane 80,000 84000
TheeScrappers-Demo and Set in Place 166000 174300
E-Share_Telescopic Boom 85'(90 days) 11400 11970
E-Share_Telehandler 54'-56'(90 days) 10575 11103.75
Big Box-Dumpster 30y(90 days) 1645 1727.25
Supreme-Insulation 21878 22971.9
STBP-Electrical,Architectural,Plumbing 84045 88247.25
TAC Balance-TAB 5820 6111
CAHS Piping Labor 42965 49409.75
CAHS Duct Labor 23530 27059.5
CAHS Pre-Fabbed Piping Spools 12790 14708.5
Piping Material in Field 9536 10966.4
CAHSADMIN-Project Manager 25920 29808
CAHSADMIN-Superintedent 50400 57960
CAHSADMIN-Safety 31200 35880
TOTAL: $ 693,371
CAHS Cost Breakdown-Field Labor
Hours Hourly Rate Total Cost
CAHS Pipe 661 65 42965
CAHS Duct Labor 362 65 23530
CAHSADMIN-Project Manager 1921 135 25920
CAHSADMIN-Superintedent 4801 105 50400
CAHS ADMI N-Safety 480 65 312 00
From: iannetta(@bigboxwaste.com
To: Austin Wilson
Subject: [EXTERNAL] 30YD Pricing&Terms-Corpus Christi,Tx
Date: Tuesday,October 14,2025 8:48:11 AM
Attachments: Outlook-dzpvemwyp no
CAUTION: This email originated from outside of the organization. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
Hi Austin,
Please find your pricing and terms for a 30YD container below:
30YD Container - Corpus Christi, Tx Pricing and Terms
$565.00 + Tax - Initial Rental (Includes delivery and fuel charge)
$540.00 + Tax - Per Swap (Includes fuel charge)
• 30-Day rental. $15/day over 30 days. Each swap resets rental period.
• 5-Ton weight allowance. $60/ton over 5 tons.
• Final removal included in rental price.
Let me know if you have any additional questions.
Best regards,
Jannetta Mosby
Office Manager, Big Box Waste South Texas
P (361) 300-5642
A 5402 S. Staples, Ste. 107, Corpus Christi,Tx 78411
Thee Scrappers LLC.
2003 W. Bella Vista Ave
Alton,TX 78573
(361)207-3510
F romero@Theesc rappers.com {
Theescrappers.com
CS
THEE SCRAPPERS CRANE SERVICE LLC.
Estimate
2208
Central Air and Heat Services 10/03/2025
3028 Wilson Rd. Harlingen Tx 78552
DATE QTY RATE AMOUNT
Turn Key Price
Equipment and crew to demo and remove 1 166,000.00 166,000.00
two units and reinstall two units atAmerican
Bank Center, Corpus Christi,TX.Turnkey
price estimated at 20 days of work with a
crew of(8)at$103.75 per hour 10 hour
---------- days -------------
NOTE: Estimates are based on client-provided information and are not TOTAL $166 000.00
guaranteed. Final costs may vary as project progresses and details are finalized.
Charges apply Port to Port. I Standard Hours: Mon—Fri, 8 AM-5 PM. I Work
outside these hours, on weekends, or holidays incurs additional costs that may
not be included in this estimate. Client is responsible for delays beyond the
crane company's control. TSCS accepts no liability for damage done to parking
lots, road surfaces, or underground instillations. You agree to protect and cover
TSCS from any claims for injury or death to anyone, including your own workers
or third parties,or damage to property, including equipment. Insurance should be
established prior to cranes arrival. General liability: at least$1 million per
occurrence and$2 million total.Umbrella/excess insurance: at least$5 million.
The insurance must be primary and list Thee Scrappers LLC. as an additional
insured, and cover your indemnity duties in this agreement.
Accepted By
Accepted Date
Page 1 of 1
HVAC CONTROLS PROPOSAL - REV01
October 14, 2025 (�
Johnson
To: Interested Bidders Controls
Project: American Bank Center Arena HVAC INGENUITY WELCOME
Improvement (24-319429) 2209 N Padre Island Dr,Corpus Christi,
TX 78408,United States
References: Mech Drawings dated 07/14/2025 Name:Baldemar Quintero
Addendum 3 EmialID: bald ema r.Q uintero(aN ci.com
PRICING SUMMARY
DESCRIPTION
Base Bid-JCI Metasys System US$53,450
(QTY.) SYSTEM NAME (REFERENCE)
BASE PROPOSAL—JCI METASYS SYSTEM—AMERICAN BANK CENTER ARENA
HVAC IMPROVEMENT
Metasys Network Architecture:
• Tie into existing JCI Metasys controls
• Provide labor required to update graphics to reflect new floor plans
Make safe the controls for following systems to be demo'd by others:
• Dehumidification Units, DAHU-1 &2
(QTY: 2) Dehumidification Air Handling Unit (DAHU-1 & 2):
NOTE: Per Trane submittal included in project documents these units to come with factory furnished
and mounted controls except as specifically noted below. Unit to be controlled by Trane provided
factory controller. JCI only to integrate into Trane provided controller and mount and wire shipped
loose devices as noted below.
• Integrate to Trane provided BACnet/IP controller
• Mount and wire return air temperature and humidity sensor
• Mount and wire zone CO detector
• Mount and wire zone NO2 detector
• Mount and wire zone CO2 detector
• Furnish &wire(2) preheat control valves to Trane controller
• Furnish &wire (2) precooling control valves to Trane controller
HCQTT-26 Rev:08 1 of 7
TRAINING /WARRANTY
■ Includes(4) hours on-site owner/operator training.
■ Includes warranty for(01)year from date of owner's acceptance of certificate of substantial
completion.
CLARIFICATIONS:
■ Scope is based off mechanical contractor direction that Trane Dehumidification units will be
factory packaged controls. JCI will not furnish or commission any control devices except as
explicitly referenced above.
■ No control drawings or sequences provided for above units. Scope is based off prior American
Bank Center phases.
■ JCI does not guarantee work to be substantially complete within 90 days as JCI's scope is
dependant upon other trades being complete in a timely manner and Arena schedule closing
jobsite due to scheduled events. JCI can achieve substantial completion after 90 days of
mechanical contractor substantial completion.
■ Includes Johnson Controls Metasys® BACnet®network automation engine, field equipment
controllers, and network sensors.
■ Includes supply of electric control valves.
■ Includes project management, engineering, and programming/commissioning.
■ This proposal shall be included within any contract terms and conditions.
■ Pricing based on normal working hours (Monday- Friday) No overtime work is included in above
pricing.
■ All wiring will be in EMT conduit for interior exposed locations and in plenum rated cable were
Applicable by code.
EXCLUSIONS:
■ Furnishing Hot Water System Combustion Damper. We will only furnish actuator.
■ Furnishing of any control damper unless noted in scope above.
■ Any electric meter and gas meter.
■ Furnishing, installation and wiring of VFDs.
■ Furnishing, installation and wiring of smoke detectors, smoke dampers, combination fire/smoke
dampers and fire dampers and associated actuators and wiring unless noted in scope above.
■ Fire sequencing, smoke sequencing, etc.
■ Installation of dampers, Airflow measuring stations, valves, immersion wells, pressure taps, or flow
meters as listed in the above scope of work.
■ After hour,weekend or holiday work
■ Any 120V wiring.
■ Third Party Commissioning.
■ Test& Balance Coordination.
Important: This proposal incorporates by reference the Terms and Conditions attached
This Proposal is Valid Until for 30 days from the proposed date.
This proposal is hereby accepted, and Johnson Controls is authorized to proceed with the work, subject to
credit approval by Johnson Controls, Inc. Milwaukee, WI.
HCQTT-26 Rev:08 2 of 7
Johnson Controls, Inc.
Purchaser-Company Name
Signature Signature
Name: Name:
Title: Title:
Date:
CUSTOMER ACCEPTANCE:
In accepting this Agreement,Customer agrees to the terms and conditions contained herein including those on the following page(s)of this
Agreement and any attachments or riders attached hereto that contain additional terms and conditions.It is understood that these terms and
conditions shall prevail over any variation in terms and conditions on any purchase order or other document that Customer may issue.Any
changes requested by Customer after the execution of this Agreement shall be paid for by the Customer and such changes shall be
authorized in writing.ATTENTION IS DIRECTED TO THE LIMITATION OF LIABILITY,WARRANTY,INDEMNITY AND OTHER
CONDITIONS CONTAINED IN THIS AGREEMENT.
Customer agrees to pay Johnson Controls pursuant to the progress-based billing schedule of values below. If the schedule of values includes
an upfront deposit,it will be paid within 30 days of contract signing and Johnson Controls will not commence work until the upfront deposit is
received.Customer agrees to pay for materials,goods,and equipment(ordered,delivered,or stored)pursuant to the schedule of values,
prior to installation commencement.The remaining portion of the total price will be progress billed through completion of the work.Johnson
Controls progress-based billing can also include any services performed on-site or off-site.All invoices will be delivered via email,paid via
ACH/EFT bank transfer and are due NET 30 days from the date of the invoice.ACH/EFT bank transfer details will be provided upon contract
execution.The proposed total price is contingent on Customer agreeing to these payment and invoicing terms
Planned Monthly Progress Billing Schedule of Values
Item# Description
1 Mobilization/Deposit 10%
2 Design/Engineering 15%
3 Materials/Goods/Equipment 35%
4 Installation 30%
5 Commissioning 10%
This offer shall be void if not accepted in writing within thirty(30)days from the date first set forth above.
To ensure that JCI is compliant with your company's billing requirements,please provide the following information:
PO is required to facilitate billing:
ONo:This signed contract satisfies requirement OYes:Please reference this PO Number
AR Invoices are accepted via e-mail:OYES: E-mail address to be used:
ONO:Please submit invoices via mail
ONO:Please submit via
HCQTT-26 Rev:08 3 of 7
Standard Terms and Conditions—U.S.A./Canada
References to"products","equipment"or"services"herein shall mean those to be furnished by Seller as identified on the applicable Seller Quotation
(1) AGREEMENT AND LIMITATIONS. Buyer accepts these Standard Terms and serious threat of same), acts of terrorism, electrical power outages, interruptions or
Conditions by signing and returning Sellers Quotation,by sending a purchase order in degradations in telecommunications,computer,network,or electronic communications
response to the Quotation,or Buyer's instructions to Seller to begin work, including systems,data breach,cyber-attacks,ransomware, unavailability or shortage of parts,
shipment of product or performance of services. Upon Buyer's acceptance,Seller's materials, supplies, or transportation, or any other cause or casualty beyond the
Quotation and the related terms and conditions referred to in the Quotation shall reasonable control of Seller, whether foreseeable or unforeseeable. FAILURE TO
constitute the entire agreement relating to the products,equipment and services covered DELIVER WITHIN THE TIME ESTIMATED SHALL NOT BE A MATERIAL BREACH OF
by the Quotation(the"Agreement'). No terms,conditions or warranties other than those CONTRACT ON SELLER'S PART. If Buyer causes Seller to delay shipment or
identified in the Quotation and no agreement or understanding,oral or written,in any completion of the product or equipment,Seller shall be entitled to any and all extra cost
way purporting to modify such terms and conditions whether contained in Buyer's and expenses resulting from such delay.
purchase order or shipping release forms, or elsewhere, shall be binding on Seller (7) LIMITED WARRANTY. Seller warrants that the product and equipment furnished by
unless hereafter made in writing and signed by Seller's authorized representative. Buyer Seller under the Agreement will be of good quality and that the services provided by Seller
is hereby notified of Seller's express rejection of any terms inconsistent with these will be provided in a good and workmanlike manner for a period of twelve(12)months from
Standard Terms and Conditions or to any other terms proposed by Buyer in accepting initial product startup,or eighteen(18)months from product shipment,whichever occurs first
Seller's Quotation. Neither Seller's subsequent lack of objection to any such terms,nor (the"Warranty Period") unless such Warranty Period is modified by Seller's proposal.
the delivery of the products or services,shall constitute an agreement by Seller to any Alongside this limited warranty, for all new YorkT`1 air or water-cooled chillers and/or
such terms. MetasysT"'building automation systems sold and Seller installed in the US and Canada,
(2) TERMINATION OR MODIFICATION. If either party materially breaches this Seller also provides a Year One Service Agreement for such equipment, the scope,
agreement,the other party may notify the breaching party in writing, setting out the limitations, terms and conditions of which are at
breach,and the breaching party will have 60 days fallowing such notice to remedy the httu&/Mnvw.iohnsoncontrols.com/vearoneservice(collectively,"Year One Service").Seller
breach.If the breaching party fails to remedy the breach during that period,the other will not provide a credit against purchase price if offered Year One Service is declined.No
party may by written notice terminate the Agreement. These Standard Terms and warranty is provided for third-party products and equipment installed or furnished by Seller.
Conditions may be modified or rescinded only by a writing signed by authorized Such products and equipment are provided with the third parry manufacturers warranty to
representatives of both Seller and Buyer.Accepted orders may by cancelled or modified the extent available,and Seller will transfer the benefits together with all limitations of that
by Buyer only with Seller's express written consent. If cancellation or modification is manufacturer's warranty to Buyer.This limited warranty does not cover failures caused in
allowed,Buyer agrees to pay to Seller all expenses incurred and damage sustained by whole or in part by(i)improper installation or maintenance performed by anyone other than
Seller on account of such cancellation or modification,plus a reasonable profit. Seller;(ii)improper use or application;(III)corrosion;(iv)normal deterioration;(v)operation
(3)PRICE,SHIPMENT,PAYMENT AND INVOICING. beyond rated capacity,(vi)the use of replacement parts or lubricants which do not meet or
Prices in any quotation or proposal from Seller are subject to change upon notice sent to exceed Seller's specifications,or(vii)if Seller's serial numbers orwarranty date decals have
Buyer at any time before the quotation or proposal has been accepted. Seller may been removed or altered. To qualify for warranty consideration,Buyer must notify Seller in
increase prices upon notice to the Buyer to reflect increases in material and labor costs. writing of its warranty claim prior to expiration of the Warranty Period to obtain for
Prices for products covered by this Agreement may be adjusted by Seller,upon notice to instructions on warranty procedures. Seller's sale obligation for breach of this warranty shall
Buyer at any time prior to shipment and regardless of Buyer's acceptance of the Seller's be to repair or to replace defective parts or to properly redo defective services.All replaced
proposal or quotation,to reflect any increase in Sellers cost of raw materials(e.g.,steel, equipment becomes Sellers property. Any changes/extension to the Warranty Period that
aluminum)inability to secure Products,changes or increases in law,labor,taxes,duties, may be required due to project delays or slippage will be mutually agreed upon in witting by
tariffs or quotas, acts of government, any similar charges, or to cover any extra, the parties and may require contract modifications to incorporate additional warranty
unforeseen and unusual cost elements. Price and delivery is F.O.B.point of manufacture, products to accommodate such change/extension.THIS WARRANTY IS EXCLUSIVE AND
unless otherwise provided. Unless otherwise agreed to in writing by Seller,all payments IS PROVIDED IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES
are due net thirty(30)days from the date of invoice.Invoices shall be paid by Buyer via INCLUDING,WITHOUT LIMITATION,ANY WARRANTY OF MERCHANTABILITY OR
electronic delivery via EFT/ACH. Seller may,at its sole option,have the right to make FITNESS FOR A PARTICULAR PURPOSE,WHICH ARE HEREBY DISCLAIMED. Seller
any delivery under this Agreement payable on a cash or payment guarantee makes no and specifically disclaims all representations or warranties that the services,
before-shipment basis. In the case of export sales,unless otherwise agreed to in writing products,software or third party product or software will be secure from cyber threats,
by Seller,all payments are to be made by means of a confirmed irrevocable letter of hacking or other similar malicious activity or will detect the presence of,or eliminate,treat,or
credit. Invoicing disputes must be identified in writing within 21 days of the date of mitigate the spread,transmission,or outbreak of any pathogen,disease,virus or other
invoice. Payments of any disputed amounts are due and payable upon resolution. All contagion,including but not limited to COVID 19.
undisputed amounts remain due net thirty(30)days from the date of invoice.In the event (8)INDEMNIFICATION,REMEDIES AND LIMITATIONS OF LIABILITY. In addition to
of Buyer's default,the balance of any outstanding amounts will be immediately due and Paragraph 8 below regarding patents,Buyer agrees that Seller shall be responsible only for
payable.Buyer acknowledges and agrees that timely payments of the full amounts listed such injury,loss,or damage caused by the intentional misconduct or the negligent act or
on invoices is an essential term of this Agreement and that Buyer's failure to make omission of Seller. In the event Buyer claims Seller has breached any of its obligations,
payment in full when due is a material breach of this Agreement Buyer further whether of warranty or otherwise,Seller may request the return of the goods and tender to
acknowledges that if there is any amount outstanding on an invoice, it is material to Buyer the purchase price theretofore paid by Buyer,and in such event,Seller shall have no
Seller and will give Seller,without prejudice to any other right or remedy,the right to, further obligation under the Agreement except to refund such purchase price upon redelivery of
without notice: (i)suspend, discontinue or terminate performing any services and/or the goods. If Seller so requests the return of the goods,the goods shall be redelivered to Seller
withhold further deliveries of equipment and other materials,terminate or suspend any in accordance with Seller's instructions and at Seller's expense.The remedies contained in
unpaid software licenses,and/or suspend Sellers obligations under or terminate this these Standard Terms and Conditions shall constitute the sole recourse of Buyer against Seller
Agreement;and(ii)charge Buyer interest on the amounts unpaid at a rate equal to the for breach of any of Seller's obligations under the Agreement,whether of warranty or otherwise.
lesser of one and one half(1.5)percent per month or the maximum rate permitted under To the maximum extent permitted by law,in no event shall Seller and its affiliates and
applicable law, until payment is made in full. Seller's election to continue providing their respective personnel,suppliers and vendors("JCI Parties")be liable to Buyer or
future services does not, in any way diminish Seller's right to terminate or suspend any third party under any cause of action or theory of liability,even if advised of the
services or exercise any or all rights or remedies under this Agreement.Seller shall not possibility of such damages, for any: (a) special, indirect, incidental, punitive, or
be liable for any damages,claims, expenses,or liabilities arising from or relating to consequential damages;(b)lost profits,revenues,data,Buyer opportunities,business,
suspension of services for non-payment. In the event that there are exigent anticipated savings orgoodwill;(c)business interruption;or(d)data loss or otherlosses
circumstances requiring services or the Seller otherwise performs services at the arising from viruses, ransomware, cyber attacks or failures or interruptions to
premises following suspension,those services shall be governed by the terms of this networksystems In any case,the entire aggregate liability of the JCI Parties underthis
Agreement unless a separate contract is executed.If Buyer disputes any late payment Agreement for all damages,losses and causes of action,whether in contract,tort
notice or Seller's efforts to collect payment. Buyer shall immediately notify Seller in (including negligence),or otherwise)shall be limited to the purchase price paid by Buyer
writing and explain the basis of the dispute. Shipments to Buyer with outstanding hereunder.
invoices unpaid after thirty(30)days will be suspended until all overdue invoices are (9)PATENTS.Seller shall defend or,at its own option settle,any action against Buyer
paid or be made on a castrin-advance basis only,in Seller's sole discretion. brought by a third party to the extent that the action is based upon a claim that the
(4)DEPOSIT.Unless prohibited bylaw,Buyer agrees to pay a deposit equal to 30%of the equipment provided under the Agreement infringes any U.S.patents or copyrights for
sell price(pre-tax)prior to Seller performing work.Seller will generate an invoice for the Buyers located in the United States or Canadian patents or copyrights,for Buyers
30%deposit after Seller's receipt of a written agreement or order from Buyer.Seller will located in Canada, or misappropriates any trade secrets of a third party("Claim"),
not commence work until receipt of the deposit. provided that:(i)Buyer gives Seller prompt written notice of any such Claim,(ii)Buyer
(5)TAXES. All stated prices are exclusive of and Buyer agrees to pay any taxes,fees, gives Seller full authority to defend or settle any such Claim,and(III)Buyer gives Seller
duties,tariffs,false alarm assessments,installation or alarm permits,and levies or other proper and full information and assistance, at Seller's expense (except for Buyer's
similar charges imposed and/or enacted by a government, however designated or employees'time)to defend or settle any such Claim. Seller will pay those costs and
imposed,including but not limited to value-added and withholding taxes that are levied or damages finally awarded against Buyer in the action that are specifically attributable to
based upon the amounts paid under this Agreement.At any time prior to shipment, the claim or those casts and damages agreed to in a monetary settlement of the action.
Seller shall be entitled to an increase in time and money for any costs that it incurs THE FOREGOING IS IN LIEU OF ANY WARRANTIES OF NONINFRINGEMENT,
directly or indirectly that arise out of or relate to changes in taxes,tariffs,duties or similar WHICH ARE HEREBY DISCLAIMED. The foregoing obligation of Seller does not apply
charges due to such changes with respect to products or equipment or portions or components thereof(a)not supplied
(6)DELIVERY. The delivery date(s)provided by Seller for the product and equipment is by Seller,(b)made in whole or in part in accordance with Buyer or owner specifications,
only an estimate and is based upon prompt receipt of all necessary information from (c)which are modified after shipment by Seller,if the alleged infringement related to
Buyer.The delivery date(s)is subject to and shall be extended by delays caused by acts such modification,(d)combined with other products,processes or materials where the
of God, severe weather (including but not limited to hurricanes, tornados, severe alleged infringement relates to such combination,(e)where Buyer continues allegedly
snowstorms or severe rainstorms),wildfires,floods,earthquakes,seismic disturbances, infringing activity after being notified thereof and/or after being informed of modifications
or other natural disasters,acts or omissions of any governmental authority(including that would have avoided the alleged infringement without significant loss of performance
change of any applicable law or regulation),epidemics,pandemics,disease,viruses, or functionality,or(f)where Buyer's use of the product or equipment is incident to an
quarantines, or other public health risks and/or responses thereto, condemnation, infringement not resulting primarily from the product or equipment;Buyer will indemnify
strikes,lock-outs,labor disputes,fires,explosions or other casualties,thefts,vandalism, Seller and its officers,directors,agents,and employees from all damages,settlements,
civil disturbances,insurrection,mob violence,riots,war or other armed conflict(or the attorneys' fees and expenses related to a claim of infringement, misappropriation,
HCQTT-26 Rev:08 4 of 7
defamation,violation of rights of publicity or privacy excluded from Seller's indemnity equipment or the connection is disconnected by Buyer,and a service representative
obligation herein. must therefore be dispatched to the Buyer site,then the Buyer will pay Seller at Seller's
(10)One-Year Claims Limitation;Choice of Law. For Buyers located in Canada,this then-current standard applicable contract regular time and/or overtime rate for services
agreement shall be governed by and be construed in accordance with the laws of performed by the service representative.Seller disclaims any obligation to advise Buyer
Ontario. The parties agree that any disputes arising under this Agreement shall be of any possible equipment error or malfunction. Buyer acknowledges that,while
determined exclusively by the Ontario courts and that no action or legal proceedings of Connected Equipment Services generally improve equipment performance and
any nature shall be filed or commenced in any other court pertaining to any dispute services, Connected Equipment Services does not prevent all potential
arising out of or in relation to this Agreement. The parties also hereby waive any malfunction,insure against all loss or guarantee a certain level of performance
objection to the exclusive jurisdiction of the Ontario courts,including any objection based and that Seller shall not be responsible for any injury,loss,or damage caused by
on forum non conveniens. For Buyers located in the United States, the laws of any act or omission of Seller related to or arising from the monitoring of the
Wisconsin shall govern the validity,enforceability,and interpretation of this Agreement, equipment under Connected Equipment Services.
without regard to conflicts of law. No claim or cause of action, whether known or (15)MISCELLANEOUS
unknown,shall be brought against Seller more than one year after the claim first arose. (a)CHANGES OF CONSTRUCTION AND DESIGN:Seller reserves the
Except as provided for herein,Sellers claims must also be brought within one year. right to change or revise the construction and design of the products or equipment
Claims not subject to the one-year limitation include claims for unpaid: (a)contract purchased by Buyer, without liability or obligation to incorporate such changes to
amounts,(b)change order amounts(approved or requested)and(c)delays and/or work products or equipment ordered by Buyer unless specifically agreed upon in writing
inefficiencies. reasonably in advance of the delivery date for such products or equipment. Buyer
(11) DISPUTE RESOLUTION. Seller shall have the sole and exclusive right to determine agrees to bear the expense of meeting any changes or modifications in local code
whether any dispute,controversy or clam arising out of or relating to the Agreement,or the requirements which become effective after Seller has accepted Buyers order.
breach thereof,shall be submitted to a court of law or arbitrated.For Buyers locatedin Canada, (b)CHARACTER OF PRODUCT AND SECURITY INTEREST:The goods
the venue for any such arbitration shall be in Ontario,Canada.For Buyers located in the delivered by Seller under the terms of the Agreement shall remain personal property and
United States,the venue for any such arbitration shall be in Milwaukee,Wisconsin. The retain its character as such no matter in what manner affixed or attached to any structure
arbitrator's award may be confirmed and reduced to judgment in any court of competent or property.Buyer grants Seller a security interest in said goods,any replacement parts
jurisdiction. In the event the matter is submitted to a court,Seller and Buyer hereby agree to and any proceeds thereof until all sums due Seller have been paid to it in cash.This
waive their right to trial byjury and covenantthat neither of them will request trial byjury in any security interest shall secure all indebtedness or obligations of whatsoever nature now or
such litigation. Buyerwill pay all of Sellers reasonable collection costs(including legal fees and hereafter owing Buyer to Seller.Buyer shall pay all expenses of any nature whatsoever
expenses). incurred by Seller in connection with said security interest
(12)SOFTWARE AND DIGITAL SERVICES. Use,implementation,and deployment of (c)INSURANCE:Buyer agrees to insure the goods delivered under the
the software and hosted software products("Software")offered under these terms shall Agreement in an amount at least equal to the purchase price against loss or damage
be subject to,and governed by,Seller's standard terms for such Software and Software from fire,wind,water or other causes.The insurance policies are to be made payable to
related professional services in effect from time to time at Seller and Buyer in accordance with their respective interests,and when issued are to
httos://www.iohnsoncontrols.com/techterms (collectively, the "Software Terms"). be delivered to Seller and held by it. Failure to take out and maintain such insurance
Applicable Software Terms are incorporated herein by this reference.Other than the shall entitle Seller to declare the entire purchase price to be immediately due and
right to use the Software as set forth in the Software Terms,Seller and its licensors payable and shall also entitle Seller to recover possession of said goods.
reserve all right,title,and interest(including all intellectual property rights)in and to the (d)INSTALLATION: If installation by the Seller is included within the
Software and improvements to the Software.The Software that is licensed hereunder is Seller's Quotation,Buyer shall provide all of the following at its own expense and at all
licensed subject to the Software Terms and not sold.If there is a conflict between the times pertinent to the installation: i) free, dry, and reasonable access to Buyer's
other terms herein and the Software Terms,the Software Terms shall take precedence premises; and ii) proper foundations, lighting, power, water and storage facilities
and govern with respect to rights and responsibilities relating to the Software, its reasonably req ui red.
implementation and deployment and any improvements thereto..Notwithstanding any (e)COMPLIANCE WITH LAWS: Sellers obligations are subject to the export
other provisions of this Agreement,unless otherwise set forth herein,the following terms administralion and control laws and regulations of Canada or the United States with respect to
apply to Software that is provided to Buyer on a subscription basis(i.e.,a time limited where Seller is performing work or providing goods. Buyer shall comply fully with such laws and
license or use right), (each a"Software Subscription"): Each Software Subscription regulation in the export,resale or disposition of purchased products or equipment. Quotations
provided hereunder will commence on the date the initial credentials for the Software are or proposals made,and any orders accepted by Seller from a Buyer outside of Canada or the
made available (the "Subscription Start Date") and will continue in effect until the United States,,are with the understanding that the ultimate destination of the products or
expiration of the subscription term noted herein. At the expiration of the Software equipment is the country indicated therein. Diversion of the products or equipment to any other
Subscription,such Software Subscription will automatically renew for consecutive one destination contrary to Canada or the United States as set out in the Quotation or proposal,is
(1)year terms(each a"Renewal Subscription Term"),unless either party provides the prohibited. Accordingly,if the foregoing understanding is incorrect,or if Buyer intends to divert
other party with a notice of non-renewal at least ninety(90)days prior to the expiration of the products or equipment to any other destination,Buyer shall immediately inform Seller of the
the then-current term. To the extent permitted by applicable law,Software Subscriptions correct ultimate destination.
purchases are nor>-cancelable and the sums paid nonrefundable. Fees for Software (f) BUYER RESPONSIBILITIES: Buyer is solely responsible for the
Subscriptions shall be paid annually in advance,invoiced on the Subscription Start Date establishment, operation, maintenance, access, security and other aspects of its
and each subsequent anniversary thereof. Unless otherwise agreed by the parties in computer network ("Network") and shall supply Seller secure Network access for
writing,the subscription fee for each Renewal Subscription Term will be priced at Seller's providing its services. Products networked,connected to the internet, or otherwise
therfapplicable list price for that Software offering. Any use of Software that exceeds connected to computers or other devices must be appropriately protected by Buyer
the scope,metrics or volume set forth in this Agreement will be subject to additional fees and/or end user against unauthorized access.Buyer is responsible to take appropriate
based on the date such excess use began. measures,including performing back-ups,to protect information,including without limit
(13) PRIVACY. Seller as Processor.Where Seller factually acts as Processor of data,software,or files(collectively"Data")prior to receiving the service or products.
Personal Data on behalf of Buyer(as such terms are defined in the DPA)the terms at (g) COVID•19 VACCINATION: Seller expressly disclaims any
www.iohnsoncontrols.com/doa ("DPA") shall apply. Seller as Controller.Seller will requirement, understanding or agreement, express or implied, included directly or
collect,process and transfer certain personal data of Buyer and its personnel related to incorporated by reference, in any Customer purchase order, solicitation, notice or
the business relationship between it and Buyer(for example names,email addresses, otherwise, that any of Seller's personnel be vaccinated against Covid-19 under any
telephone numbers) as controller and in accordance with Seller's Privacy Notice at federal, state/provincial or local law, regulation or order applicable to government
httns://www.iohnsoncontrols.com/mrivacv. Buyer acknowledges Seller's Privacy Notice contracts or subcontracts, including, without limitation, Presidential Executive Order
and strictly to the extent consent is mandatorily required under applicable law,Buyer 14042 ("Ensuring Adequate COVID Safety Protocols for Federal Contractors") and
consents to such collection, processing and transfer.To the extent consent to such Federal Acquisition Regulation(FAR)52.223-99("Ensuring Adequate COVID Safety
collection, processing and transfer by Seller is mandatorily required from Buyer's Protocols for Federal Contractors"). Any such requirement shall only apply to Sellers
personnel under applicable law,Buyer warrants and represents that it has obtained such personnel if and only to the extent contained in a written agreement physically signed by
consent. an authorized officer of Seller.
(14) CONNECTED EQUIPMENT SERVICES. Certain equipment sold hereunder (h) LIEN LEGISLATION. Notwithstanding anything to the contrary
includes by default Seller's Connected Equipment Services.Connected Equipment contained herein,the terms of this Agreement shall be subject to the lien legislation
Services is a data-analytics and monitoring Software platform that uses a cellular or applicable to the location where the work will be performed,and,in the event of conflict,
network connection to gather equipment performance data to assist Seller in advising the applicable lien legislation shall prevail.
Buyer on(and Buyer in better understanding)such equipment's health,performance or (i)FORCE MAJEURE: Seller shall not be liable,nor in breach or default of
potential malfunction.If Buyer's equipment includes Connected Equipment its obligations under this Agreement,for delays,interruption,failure to render services,or
Services, such services will be on by default and the remote connection will any other failure by Seller to perform an obligation under this Agreement,where such
continue to connect to Buyer's Equipment through the full equipment Iifecycle, delay,interruption or failure is caused,in whole or in part,directly or indirectly,by a
unless Buyer specifically requests in writing that Seller disable the remote Force Majeure Event A"Force Majeure Event'is a condition or event that is beyond the
connection or Seller discontinues or removes such remote connection.For more reasonable control of Seller,whether foreseeable or unforeseeable,including,without
information on whether your particular equipment includes Connected Equipment limitation,acts of God,severe weather(including but not limited to hurricanes,tornados,
Services, a subscription to such services and the cast, if any, of such subscription, severe snowstorms or severe rainstorms), wildfires, floods, earthquakes, seismic
please see your applicable order,quote,proposal,or purchase documentation or talk to disturbances,or other natural disasters,acts or omissions of any governmental authority
your Seller sales representative.If Buyers equipment includes Connected Equipment (including change of any applicable law or regulation),epidemics,pandemics,disease,
Services, Seller will provide a cellular modem or other gateway device ("Gateway viruses, quarantines, or other public health risks and/or responses thereto,
Device")owned by Seller or Buyer will supply a network connection suitable to establish condemnation,strikes,lock-outs,labor disputes,an increase of 5%or more in tariffs or
a remote connection with Buyer's applicable equipment to permit Seller to use other excise taxes for materials to be used on the project,fires,explosions or other
Connected Equipment Services to perform first-year and extended warranty services as casualties,thefts,vandalism,civil disturbances,insurrection,mob violence,riots,war or
well as other services, including troubleshooting, quarterly health reports, remote other armed conflict(or the serious threat of same),acts of terrorism,electrical power
diagnostic and monitoring and aftermarket services.For certain subscriptions,Buyer will outages, interruptions or degradations in telecommunications, computer, network,or
be able to access equipment information from a mobile or smart device using Connected electronic communications systems, data breach, cyber-attacks, ransomware,
Equipment Service's mobile or web app.Any Gateway Devices provided hereunder shall unavailability or shortage of parts, materials,supplies,or transportation,or any other
remain Seller's property,and Seller may upon reasonable notice access and remove cause or casualty beyond the reasonable control of Seller.If Seller's performance of the
such Gateway Device and discontinue services in accordance with the Software Terms. work is delayed, impacted,or prevented by a Force Majeure Event or its continued
If Buyer does not permit Seller to connect via a connection validated by Seller for the effects,Seller shall be excused from performance under the Agreement Without limiting
HCQTT-26 Rev:08 5 of 7
the generality of the foregoing,if Seller is delayed in achieving one or more of the
scheduled milestones set forth in the Agreement due to a Force Majeure Event,Seller
will be entitled to extend the relevant completion date by the amount of time that Seller
was delayed as a result of the Force Majeure Event,plus such additional time as may be
reasonably necessary to overcome the effect of the delay.To the extent that the Force
Majeure Event directly or indirectly increases Seller's cost to perform the services,Buyer
is obligated to reimburse Seller for such increased costs,including,without limitation,
costs incurred by Seller for additional labor,inventory storage,expedited shipping fees,
trailer and equipment rental fees, subcontractor fees or other costs and expenses
incurred by Seller in connection with the Force Majeure Event.
Q) ONE-YEAR CLAIMS LIMITATION: No claim or cause of action,
whether known or unknown,shall be brought against Seller more than one year after the
claim first arose. Except as provided for herein,Seller's claims must also be brought
within one year. Claims for unpaid contract amounts are not subject to the one-year
limitatio
HCQTT-26 Rev:08 6 of 7
oEquipment Quote
Share
October 3 2025 15:30 PM
EquipmentShare
Corpus Christi,TX-Core Solutions Quote#866125
5530 Transport Industrial Dr Purchase Order:None
Customer Account:86475
Quote Expires November 3 2025 08:00 AM
Rep:Zachary Forkenbrock
zach.forkenbrock@equipmentshare.com
726-228-4894
Customer Information Delivery Location Site Contact Information
CENTRAL AIR&HEATING SERVICE,LLC American Bank center
Ordered By:Austin Wilson 1901 North Shoreline Boulevard
A.wilson@cahsinc.com Corpus Christi,Texas 78401
+1 830 643 9279
Rental Summary
Start Date:October 4 2025 08:00 AM
End Date:November 1 2025 08:00 AM
RPP(required):$528.75
Equipment Type Quantity Day Rate Week Rate 4-Week Shift Subtotal
Rate
Telehandler 10,000 Ibs,54'-56'Reach 1 $710.00 $1,775.00 $3,525.00 Single $3,525.00
Total Rental Items
Misc. Charges Summary
Misc.Charges Subtotal
1.9%Environment Fee $66.98
1.5%Texas Emissions Reduction Plan $52.88
Texas Heavy Inventory Tax-82(R)HB 2476 $6.85
Total Misc. Charges
*Fees are equipment model dependent and will be finalized when invoiced.
Rental Subtotal $3,525.00
Misc.Charges Subtotal $126.71
Delivery Fee $200.00
Pickup Fee $200.00
Sales Tax $329.90
sJ
If no insurance,total with RPP $4,953.98
oEquipment Quote
Share
October 3 2025 15:29 PM
EquipmentShare
Corpus Christi,TX-Core Solutions Quote#866115
5530 Transport Industrial Dr Purchase Order:None
Customer Account:86475
Quote Expires November 3 2025 08:00 AM
Rep:Zachary Forkenbrock
zach.forkenbrock@equipmentshare.com
726-228-4894
Customer Information Delivery Location Site Contact Information
CENTRAL AIR&HEATING SERVICE,LLC American Bank center
Ordered By:Austin Wilson 1901 North Shoreline Boulevard
A.wilson@cahsinc.com Corpus Christi,Texas 78401
+1 830 643 9279
Rental Summary
Start Date:October 4 2025 08:00 AM
End Date:November 1 2025 08:00 AM
RPP(required):$570.00
Equipment Type Quantity Day Rate Week Rate 4-Week Shift Subtotal
Rate
Telescopic Boom Lift,85'-86'IC 1 $770.00 $1,925.00 $3,800.00 Single $3,800.00
Total Rental Items $3,800.00
Misc. Charges Summary
Misc.Charges Subtotal
1.9%Environment Fee $72.20
1.5%Texas Emissions Reduction Plan $57.00
Texas Heavy Inventory Tax-82(R)HB 2476 $7.39
Total Misc. Charges
*Fees are equipment model dependent and will be finalized when invoiced.
Rental Subtotal $3,800.00
Misc.Charges Subtotal $136.59
Delivery Fee $200.00
Pickup Fee $200.00
Sales Tax $353.06
sJ
If no insurance,total with RPP $5,306.68
Thee Scrappers LLC.
2003 W. Bella Vista Ave
Alton,TX 78573
(361)207-3510
F romero@Theesc rappers.com {
Theescrappers.com
CS
THEE SCRAPPERS CRANE SERVICE LLC.
Estimate
2210
Central Air and Heat Services 10/13/2025
3028 Wilson Rd. Harlingen Tx 78552
DATE QTY RATE AMOUNT
30-Ton Crane Service 40 200.00 8,000.00
30-Ton Crane Service&Certified
Rigger$175/HR x EST 8 Hrs x 5 Days,
w/$200 per day per diem(Operator
and Spotter)
10 Week Duration 10 Weeks 8,000.00 80,000.00
--_--_----_--------------------_--------_-----_---_---______-__-
NOTE: Estimates are based on client-provided information and are not TOTAL $80,000.00
guaranteed. Final costs may vary as project progresses and details are finalized.
Charges apply Port to Port. i Standard Hours: Mon—Fri, 8 AM-5 PM. I Work
outside these hours, on weekends, or holidays incurs additional costs that may
not be included in this estimate. Client is responsible for delays beyond the
crane company's control. TSCS accepts no liability for damage done to parking
lots, road surfaces, or underground instillations. You agree to protect and cover
TSCS from any claims for injury or death to anyone, including your own workers
or third parties,or damage to property, including equipment. Insurance should be
established prior to cranes arrival. General liability: at least$1 million per
occurrence and$2 million total.Umbrella/excess insurance:at least$5 million.
The insurance must be primary and list Thee Scrappers LLC. as an additional
insured, and cover your indemnity duties in this agreement.
Accepted By
Accepted Date
Page 1 of 1
601 Everhart Rd.
South Texas Corpus Christi, TX 78412
Building Partners Phone: (361) 299-5462
Fax: (800) 858-5280
Contractor's Change
Request
To: Chad Ufland
CAHS-Central Air & Heating Ser
3028 Wilson Rd.
Harlingen, TX 78552
Project: American Bank Center HVAC Impr
CCR No: 04-Revised
Date: 10/14/2025
Description: Added Work
STBP, Inc. hereby proposes the following changes in scope and cost for the project:
DEMO and Framing: FMAC Arena Urgent Mechanical Improvements $ 23,310.47
DEMOLITION Remove existing gypsum board and framing as indicated on
the demolition drawings. Steel Guard Rail
EXCLUSIONS: No tape/float/paint on inside of wall. Equipment (to be
provided by others). MEP Demo/ Make-Safe.
Electrical: Units/VFD and make ready to reconnect. We will remove the $ 37,027.66
conduits in the wall location that will be opened up to get the units out and
reinstall after the wall is rebuilt. We will run conduits on the units for the
internal lights and receptacles. This does not include any low voltage
conduit for the DDC panels or wiring, and racks for the DDC panel that is
scheduled to stay. VFD's or programming, fire alarm wiring devices or duct
detectors. Boom lift to reach the conduits on the outside of the wall where
the Units will be removed out of. Upgrading of the breakers or panels
feeding the units, repairs or modifications to the lights in the space.
Additional calendar days requested for this change: 14 AFTER LEAD TIME
ON THE GEAR ITEMS. EXCLUSIONS:Any utility and permit cost. Any
wall or ceiling covering cutting, patching and painting. Any concrete/asphalt
cutting and or patching. Roof penetrations or patching of any kind.
Overtime unless specifically stated in scope of work above.
Plumbing: Demo natural gas piping to below floor to allow for removal of $ 13,310.00
DAHU 1 &2. Reinstall natural gas piping after new DAHU 1&2 is installed.
EXCLUSIONS: All other plumbing not listed above. All other work not
described in SOV above. Excludes sheetrock wall. Excludes any Stage
Curtain work.
General Conditions: 4 weeks PM and supervision only. 10,397.00
TOTAL: $ $84,045.13
...and requests an adjustment to the contract time of 50 days as a condition of this request.
The above work is subject to the same conditions as specified in the original contract
unless otherwise stipulated.
Upon approval the sum of$84,045.13 will be added to the contract price and the scope
will be revised accordingly.
STI
�� FERGUSON 221 JUNIOR BECKIDRIVE16 Deolm: To: Braden Owens
CORPUS CHRISTI,TX 78405-0000 braden.owens@ferguson.com
omments:
Phone: 361-289-1977
Fax: 361-289-1968
10:33:08 OCT 14 2025 Page 1 of 2
FERGUSON ENTERPRISES LLC#61
Price Quotation
Phone: 361-289-1977
Fax: 361-289-1968
Bid No: B872441 Cust Phone: 956-428-4509
Bid Date: 10/14/25 Terms: NET 30 DAYS
Quoted By: BTO
Customer: CENTRAL AIR&HEATING SERVIC Ship To: CENTRAL AIR &HEATING SERVIC
3028 WILSON ROAD 3028 WILSON ROAD
HARLINGEN,TX 78552 HARLINGEN,TX 78552
Cust PO#: Job Name: ABC CENTER
Item Description Quantity Net Price UM Total
DBPPEA53BU 6 BLK BE A53B S40 ERW SRL PIPE 84 2088.900 C 1754.68
DW9U 6 CS STD WLD LR 90 ELL 12 70.589 EA 847.07
DRFWNFU 6 CS 150#STD RF WN FLG 16 47.956 EA 767.30
FNWR1FFG116U 6 RR 1/16 FF 150#GSKT 16 4.856 EA 77.70
FNWNBSG5Z1 U 6 ZN 150#GR5 FLG NUT/BLT SET 16 20.992 EA 335.87
NLD20003U LF 6 DI 200#BRZ EPDM LUG BFV LO 8 439.040 EA 3512.32
FNWLBBZ1U 6 ZN 150#DBL SIDE LUG BFV BLT SET 8 26.083 EA 208.66
DBPPEA53BP 4 BLK BE A53B S40 ERW SRL PIPE 42 1188.000 C 498.96
DW9P 4 CS STD WLD LR 90 ELL 4 32.309 EA 129.24
NLD20003P LF 4 DI 200#BRZ EPDM LUG BFV LO 4 267.200 EA 1068.80
FNWLBBZ1P 4 ZN 150#DBL SIDE LUG BFV BLT SET 4 15.875 EA 63.50
FNWNBSG5Z1 P 4 ZN 150#GR5 FLG NUT/BLT SET 4 12.375 EA 49.50
AG26010 10 GALV CS ADJ CLEVIS HGR 8 21.833 EA 174.66
AG260X 8 GALV CS ADJ CLEVIS 4 12.109 EA 48.44
Net Total: $9536.70
Tax: $0.00
Freight: $0.00
Total: $9536.70
HOW ARE WE DOING? WE WANT YOUR FEEDBACK!
Scan the QR code or use the link below to
complete a survey about your bids:
_ https://survey.medalIia.com/?bidsorder&fc=1130&on=157870
LEGENDS IRON WORKS
117 East Loeb St.
Edinburg,TX 78541
Phone: (956) 330-3511
Date: October 13, 2025
To:
Central Air&Heat—Austin Wilson
Project:ABC Center
Location: Corpus Christi,Texas
Scope of Work
Legends Iron Works proposes to provide certified welding services for the ABC Center
project located in Corpus Christi,TX.Work includes all necessary tools and equipment for
field welding and fabrication per project requirements.
Labor and Equipment
Description Rate Hours Days Total
1 Certified $145/hr 10 hrs 5 $7,250.00
Welder
1 Pipe Fitter $65/hr 10 hrs 5 $3,250.00
• Total Labor Cost: $10,500.00
All work will be performed in accordance with OSHA safety standards and industry best
practices.
Prepared by:
David Torres
Legends Iron Works
I
CAHS-
A MOOIGENT COMPANY
Quote # 25-311 9/30/2025
Attn: CAHS IS Department
Project: ABC Dehumification- Prel'abricated Duct/ Piping Spools
- Fabricate SA/RA/EA galvanized sheetmetal ductwork lined if needed
per plans and spec
o SA/RA 15Y 15': 1" liner
o Remaining Ductwork : Uninsulated
- Ductwork Shop Drawings
o Create ductwork submittal shop drawings
o Tag ductwork shop drawing once approved
o Print BOM and release for fabrication per PM's schedule
➢ $5,792.00
- Fabricate Piping Spools for Demhumidifier Mezzanine
o Spools only, no insulation
➢ 6,998.00
This includes:
• Fabrication
• Shop Drawings
This excludes:
• Taxes
• Painting
• Installation
• Installation Materials(Flex, Hangers, Duct Wrap,etc...)
• Grease Ductwork
• Aluminum Ductwork
• Delivery
• Redesign per received scans/revisons per engineer after approval
o Additional cost for redesign to be tracked and charged as T&M
Total Cost: $ 12,790.00
(Expedited fabrication services are subject to an additional 40%surcharge)
Pricing above is valid for 30 days.
If you have any questions concerning this proposal, please feel free to contact me.
Sincerely,
Jesus Guzman
�GG�yf2lr�'L
TACLA010347EITACLA00026954C 3028 Wilson Rd.Harlingen,TX 78552 www.CAHSINC.com
CAHS guarantees to repair or replace(at our option),F.O.B.point of manufacture,any part manufactured by CAHS found to be defective in material or
workmanship within ninety(90)days of the original ship date.CAHS warranty does not cover costs of labor,crane charges,or any other costs required
for replacing the defective product.It is expressly agreed that CAHS liability is limited to the repair or replacement of the product.CAHS will not be
liable for any injury,loss,damage,or expense whether direct or consequential,including,but not limited to,loss of use,income,profit,production,
increased cost of installation,use of,an ability to use,or the replacement of or late delivery of CAHS products.
Bid SUPREME INSULATIONs �J
RemovableCommercial*Industrial*Refrigeration*Thermal
Owner Information Contractor Information
Name Supreme Insulation LLC Company Central Air&Heating Services
Address 3623 E Evans Rd#134 Name Austin Wilson
City,State ZIP San Antonio,TX 78259 Address 3028 Wilson Rd
Phone 210-833-8443 City,State ZIP Harlingen TX, 78552
Email Info@supremeinsulationsa.com Phone 956-428-4509
Email A.wilson@cahsinc.com
Project name ABC Center Dehumidifier Payment Terms
Scomo of Work
Fiberglass Pipe Cover Insulation on CHW Piping
Company Prepoael
Total Price : $21,878.00
Erick Lopez 10/14/2025
Submitted by(Company Representative) Date
TACJM--
TESTING
AND Cx AAD4
SERVICES AABC CERTIFIED ENGINEER
No. 1 20377
Testing, Adjusting, Balancing Proposal
Date: 10/14/2025
To: CAHS Inc—Austin Wilson
From: Art Olivares III
Quotation Number: 304298
Project Name: (FMAC) Arena Urgent Mechanical Improvements Louver
1901 N. Shoreline
Corpus Christi, TX 78401
DESCRIPTION
For your consideration, we propose AABC Certified testing and balancing, as per the mechanical plans and
specification section TSEC. This proposal is based on the following:
SCOPE OF WORK
•AABC Certified Air Balance •AABC Certified Hydronic
Balance
QUALIFICATIONS
• All work is based on regular working hours from Monday through Friday, 8:00 am to 5:00 pm.
• No overtime or shift differential is included in this proposal unless specifically noted.
• Cost associated with additional mobilizations due to equipment not being ready or equipment which
cannot be final tested per plans and specifications will be handled as a change order. test
• One return trip to check/verify deficient items at the jobsite has been included in this quotation. Written
notification that the deficiencies have been corrected is required before our return visit. If additional
trips are required to retest deficiencies, the time will be billed at an hourly rate plus remobilization
charge.
• The contractor shall provide DDC Software to operate any automated controls and/or provide a qualified
technician onsite to operate the systems.
• This quotation is based on all systems being completed and properly started, in normal operating
condition and all areas unoccupied at the time of testing.
• Adjusting and balancing will be made within the limitations of the equipment being tested. All
additional material and labor cost associated with the installation or replacement of drives, sheaves,
belts, motors, dampers, fuses, etc.,required to make equipment and/or devices meet specifications are to
be provided outside the scope of this proposal.
410 S. Jackson Road,Unit 2897—Edinburg, TX 78540
Phone: (956) 874-5889 9 Email: Art@testandcx.com Page I of 2
TAP-
TESTING AND Cx AAD4
SERVICES AASC CERTIFIED ENGINEER
No. 1 20377
• Installation of clean filters in air handling equipment is not included.
• Locating/cutting out balancing dampers that are covered or hidden by insulation is not included in this
proposal.
• The cleaning of pipe strainers is not included in this proposal.
TERMS AND CONDITIONS
• This proposal is valid for sixty days from date shown above.
• Permits, Bonding, Fees and Sales tax are not included in this proposal.
• Penalty clauses of any kind will not be effective unless approved in writing by a principal of this firm.
• Should you choose to accept this proposal, please return a signed copy to our office to be incorporated
into the contract as if fully set out.
• All qualifications, terms and conditions apply.
ADDENDUM ACKNOWLEDGEMENT
• TAC Services acknowledges receipt of Addendum 0
TAC Services, LLC provides you with this quotation:
BASEBID..........................................................................................................S5,820.00
Thank you for the opportunity to provide the above quotation for your consideration.
Accepted By: Date:
Title:
PLEASE SIGN AND RETURN WITH YOUR PURCHASE ORDER.
Signature: Sw� EYlnmkeilhoefey
S—h Brunk-h-fer(Jan 26,202610:49:57 CST
Email: sarahb@corpuschristitx.gov
410 S. Jackson Road,Unit 2897—Edinburg, TX 78540
Phone: (956) 874-5889 9 Email: Art@testandcx.com Page 2 of 2