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R2023-237 2023-09-25RESOLUTION NO. R2023-237 A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to award a unit supply and service contract for the repair and replacement parts associated with the Reflection Bay Reclamation Facility blowers, in the amount of $132,341.26, from sole source provider Kaeser Compressors. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. Pursuant to Section 252.022 (a) (7) of the Texas Local Government Code, the City may procure products that are available from only one source. Section 2. That the City Council hereby awards a unit supply and service contract to Kaeser Compressors, in the estimated amount of $132,341.26. Section 3. The City Manager or his designee is hereby authorized to execute a unit supply and service contract. PASSED, APPROVED and ADOPTED this the 25th day of September, A.D., 2023. ________________________________ J.KEVIN COLE MAYOR ATTEST: ________________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ________________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: 9B4B004F-F6BC-43DC-A994-EF092B76B63B Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 1 of 7 City of Pearland 3519 Liberty Drive Pearland, TX 77581 SERVICE CONTRACT NO. S0923-14 Maintenance & Repair of PillAerator Blowers THIS CONTRACT ("Contract") is entered into by and between the City of Pearland, a Texas home-rule municipal corporation (“City”) and Kaeser Compressors, Inc. (“Contractor"), and consisting of the following parts: I. Summary of Contract Terms II. Signatures III. Standard Contractual Provisions IV. Special Terms and Conditions V. Additional Contract Attachments I. Summary of Contract Terms. Contractor: Kaeser Compressors, Inc. 511 Sigma Drive Fredericksburg, VA 22408 Description of Services: Contractor will provide repair and maintenance for PillAerator Blowers, for the City of Pearland’s Wastewater Facilities, as needed, per the specifications of Quote No. 86876040. Contract Amount: $132,341.26 Effective Date: September 26, 2023 End Date: September 25, 2024 Renewals: 0 Resolution No/Bid No: R2023-237 ; Quote No. 86876040 II. Signatures CITY OF PEARLAND CONTRACTOR Purchasing Officer Date Title: Date: *Signed by: Date Superintendent/Manager Director Deputy/Assistant City Manager City Manager *City Contract Signature Authority: Superintendent/Manager – up to $10,000 Director - $10,001 - $30,000 City Manager/Deputy/Assistant City Manager - $30,001 + City Council Resolution over $50,000 Contract Specialist 11/13/2023 Kyle Sorrell Digitally signed by Kyle Sorrell Date: 2023.11.13 15:55:02 -05'00' DocuSign Envelope ID: B4A3BEAD-5A37-42B9-AC57-A679C9E6E512 11/14/2023 | 9:33 AM CST 11/14/2023 | 2:58 PM CST Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 2 of 7 III. Standard Contract Provisions WHEREAS, Contractor has bid to provide Services (“Services”) in response to Request for Bid/Proposal or Quote No. 86876040. (“Solicitation”), which Solicitation includes the required scope of work and all specifications and which Solicitation and the Contractor’s bid or proposal response, as applicable, are incorporated by reference in this Contract as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Services in accordance with the attached Scope of Work, as detailed in Attachment A, the content of which is incorporated by reference into this Contract as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Contract is for one (1) year, with performance commencing upon the effective date or the date of issuance of the notice to proceed issued by the Contract Administrator or the Purchasing Division, or upon the performance date listed in the notice to proceed, whichever is later. The parties may mutually extend the Term of this Contract for up to 0 (zero) additional one-year periods (“Option Period(s)”), provided, the parties do so by written amendment prior to the expiration of the original term or the then-current Option Period. The City’s extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Contract is for an estimated amount of $132,341.26, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within thirty (30) days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated, in its entirety, by reference into this Contract. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next option period. Invoices will be emailed to the following email address with a copy provided to the Contract Administrator: City of Pearland Attn: Accounts Payable Email: accountspayable@pearlandtx.gov 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Contract, including deductions for non-performance and authorizations for payment. The City’s Contract Administrator for this Contract is as follows: Name: Tammy Sue Akif Department: Engineering & Public Works Phone: 281.652.1826 Email: takif@pearlandtx.gov 5. Insurance; Bonds. (A) Before performance can begin under this Contract, the Contractor must deliver a Certificate of Insurance (“COI”), as proof of the required insurance coverages, to the City’s Contract Administrator. Additionally, the COI must state that the City shall be DocuSign Envelope ID: B4A3BEAD-5A37-42B9-AC57-A679C9E6E512 Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 3 of 7 provided no less than thirty (30) days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within ten (10) days of the City Manager or his designee’s written request. Insurance requirements are as stated in Attachment C, the entirety of which is incorporated by reference into this Contract. (B) Contractor shall provide any required payment bond, performance bond, or both, prior to commencement of performance under this Contract. The terms, conditions, and amounts of the bonds and appropriate surety information shall be included in the RFB/RFP or as may be added to Attachment C, and such content, the entirety of which, shall be incorporated into this Contract. 6. Purchase Release Order. For multiple-release purchases of Services provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: the authorized City department or division shall send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order shall refer to this Contract, and Services shall not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Inspection of services provided shall occur upon completion of the service. Inspection of goods shall occur at the time of delivery. Any Services or products that are provided but not accepted by the City must be corrected in accordance with the Contractor’s Standard Warranty incorporated herein as Attachment D. If immediate correction or re- working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item’s bid/proposal price, shall not be paid by the Contractor. 8. Warranty. (A) The Contractor warrants that all products supplied under this Contract are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship in accordance with the Contractor’s Standard Warranty incorporated herein as Attachment D. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Contract shall be warranted by the Contractor or, as indicated in Attachment D, for the period stated therein. Attachment D, the entirety of which, is attached to this is incorporated into this Contract. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Contract including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Contract after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Contract as an expenditure in said budget, and it is DocuSign Envelope ID: B4A3BEAD-5A37-42B9-AC57-A679C9E6E512 Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 4 of 7 within the sole discretion of the City’s City Council to determine whether or not to fund this Contract. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor shall perform all work required by this Contract as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors unless the subcontractors were identified in the bid/quote/proposal or approved by the Contract Administrator. 13. Amendments. This Contract may be amended or modified only in writing and executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Contract waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Contract must be given by hand delivery, or certified mail, postage prepaid, and is deemed received on the day hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Pearland Attn: Laurie Rodriguez Title: Interim Assistant Director of Public Works Address: 2016 Old Alvin Rd, Pearland, TX 77581 Phone: 281.652.1813 IF TO CONTRACTOR: Kaeser Compressors, Inc. Attn: Lee Reid Title: Service Advisor Address: 16720 Hedgecroft Dr, Suite 200, Houston, TX 77060 Phone: 866.245.9611 17. Liability and Indemnity. ANY PROVISION THAT PROVIDES FOR CONTRACTUAL INDEMNITY BY ONE PARTY TO THE OTHER PARTY TO THIS CONTRACT IS NOT APPLICABLE OR EFFECTIVE UNDER THIS CONTRACT., EACH PARTY TO THIS CONTRACT IS RESPONSIBLE FOR DEFENDING AGAINST AND LIABLE FOR PAYING ANY CLAIM, SUIT, OR JUDGMENT FOR DAMAGES, LOSS, OR COSTS ARISING FROM THAT PARTY'S NEGLIGENT ACTS OR OMISSIONS IN THE PERFORMANCE OF THIS CONTRACT IN ACCORDANCE WITH APPLICABLE LAW. THIS PROVISION DOES NOT AFFECT THE RIGHT OF EITHER PARTY TO THIS CONTRACT WHO IS SUED BY A THIRD PARTY FOR ACTS OR OMISSIONS ARISING FROM THIS CONTRACT TO BRING IN THE OTHER PARTY TO THIS CONTRACT AS A THIRD- PARTY DEFENDANT AS ALLOWED BY LAW. DocuSign Envelope ID: B4A3BEAD-5A37-42B9-AC57-A679C9E6E512 Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 5 of 7 18. Dispute Resolution Procedures. The Contractor and City desire an expeditious means to resolve any disputes that may arise between them regarding this Contract. If either party disputes any matter relating to this Contract, the parties agree to try in good faith, before bringing any legal action, to settle the dispute by submitting the matter to mediation before a third party who will be selected by agreement of the parties. The parties will each pay one-half of the mediator’s fees. 19. Attorney’s Fees. Should either party to this Contract bring suit against the other party for breach of contract or for any other cause relating to this Contract, neither party will seek or be entitled to an award of attorney’s fees or other costs relating to the suit. 20. Termination. (A) City Termination for Convenience. Under this paragraph, the City may terminate this Contract during its term at any time for the City’s own convenience where the Contractor is not in default by giving written notice to Contractor. If the City terminates this Contract under this paragraph, the City will pay the Contractor for all services rendered in accordance with this Contract to the date of termination. (B) Termination for Default. Either party to this Contract may terminate this Contract as provided in this paragraph if the other party fails to comply with its terms. The party alleging the default shall provide the other party notice of the default in writing citing the terms of the Contract that have been breached and what action the defaulting party must take to cure the default. If the party in default fails to cure the default as specified in the notice, the party giving the notice of default may terminate this Contract by written notice to the other party, specifying the date of termination. Termination of this Contract pursuant this paragraph does not affect the right of either party to seek remedies for breach of the Contract in accordance with the Contractor’s Limitation of Liability incorporated herein as section 32. 21. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Contract. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 22. Limitation of Liability. The City’s maximum liability under this Contract is limited to the total amount of compensation listed in this Contract. In no event shall the City be liable for incidental, consequential or special damages. 23. Assignment. No assignment of this Contract by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Contract by the Contractor is of the essence of this Contract, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 24. Severability. Each provision of this Contract is considered to be severable and, if, for any reason, any provision or part of this Contract is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Contract that are valid, but this Contract shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 25. Order of Precedence. In the event of any conflicts or inconsistencies between this Contract, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: DocuSign Envelope ID: B4A3BEAD-5A37-42B9-AC57-A679C9E6E512 Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 6 of 7 A. this Contract (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor’s bid response (Exhibit 2). 26. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of Interested Parties” as part of this Contract if required by said statute for items approved by the City Council. 27. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Contract. The applicable law for any legal disputes arising out of this Contract is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Brazoria County, Texas. 28. H.B. 89. In accordance with Chapter 2270 of the Texas Government Code, the signatory executing this contract on behalf of company verifies that the company does not boycott Israel and will not boycott Israel during the term of this contract. This clause is subject to companies with ten or more full time employees and the contract value is $100,000 or more that is to be paid wholly or partially with public funds of the governmental entity. 29. Public Information Act Requirements. This paragraph applies only to Contracts that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, regarding certain entities requirement to provide contracting information to governmental bodies in connection with a public information request, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 30. Entire Agreement. This Contract constitutes the entire agreement between the parties concerning the subject matter of this Contract and supersedes all prior negotiations, arrangements, agreements, and understandings, either oral or written, between the parties. 31. Force Majeure. A “Force Majeure Event” is a condition or event that is beyond the reasonable control of Contractor, whether foreseeable or unforeseeable, foreseen or unforeseen, including, without limitation, severe weather, storm, flooding, hurricane, tornado, earthquakes, seismic disturbances, acts of God, acts or omissions of the City, a breach, negligence, criminal misconduct or other act or omission of any third-party, climate change, natural disasters or other acts of God, fire or other insured or uninsured casualty, quarantines, epidemics, pandemics, disease, viruses, condemnation, strikes, slowdowns or other labor disputes, transportation interruptions, fires, explosions or other casualties, thefts, vandalism, riots or war, acts of terrorism, electrical power outages, labor shortage (including, without limitation, due to infection or fear of infection of a communicable disease), interruptions or degradations in telecommunications, computer, or electronic communications systems, changes in laws, acts of government agencies, government-mandated allocation requirements, issuances of executive orders or other government orders, government- mandated shutdowns or shelter-in-place orders, or unavailability of parts, materials or supplies at a commercially reasonable price. Contractor shall be excused from, and shall not have any liability for, any delay in the performance of Services, any applicable delivery, non-delivery, or any other failure to perform any of its obligations under the Agreement where Contractor's delay, non-delivery, or failure to perform is caused, in whole or in part, by a Force Majeure Event. Without limiting the generality of the foregoing, if Contractor is delayed in performing DocuSign Envelope ID: B4A3BEAD-5A37-42B9-AC57-A679C9E6E512 Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 7 of 7 under the Agreement due to a Force Majeure Event, Contractor will be entitled to extend the relevant delivery for performance date by the amount of time that Contractor 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. Should a Force Majeure Event continue for more than thirty (30) calendar days, Contractor may, upon prior written notice to the City, cancel the affected purchase orders. Notwithstanding anything to the contrary contained in the Agreement, to the extent Contractor's costs of performance are increased, directly or indirectly, by one Force Majeure Event or by a series of Force Majeure Events, Contractor will be entitled to adjust the prices or to apply a surcharge, in each case to recoup those costs plus Contractor's customary profit, by providing written notice to the City. If the Force Majeure Event limits Contractor's available supply of Services, Contractor will allocate its available supply in any manner that Contractor determines, in good faith, or as may be required by law. 32. Limitation of Liability. The remedies of the City set forth herein are exclusive, and Contractor's liability with respect to compensated services provided hereunder shall be limited to the warranty provided herein and, with respect to any breach of its contract with the City, shall be limited to 1.5 times the contract price of the service that is the subject of the breach; provided, however, that the foregoing shall not apply in the event of any act that constitutes gross negligence or willful misconduct by Contractor, and that Contractor will have no liability whatsoever with respect to any advice or technical information provided without charge. Prior to the City having any right to recover damages (subject to the limitations set forth below), Contractor shall have the right to correct any fault or deficiency of any service provided hereunder in a reasonable time frame, and if Contractor determines that it is unable to correct any such fault or deficiency, then it will also have the right to refund the price of the deficient service. If Contractor fails or refuses to correct any fault or deficiency, and refuses to make such a refund, then the City may pursue the alternative remedies set forth herein. Notwithstanding anything herein to the contrary, in no event shall either party be liable for special, indirect, incidental, consequential or punitive damages, or expenses incurred by the other party, the other party's customers or any third party, whether arising from breach of contract, warranty, negligence, strict liability in tort or other theories of law or equity, including but not limited to loss of profits or revenue, loss of use of equipment or any associated equipment, cost of capital, cost of substitute facilities or services, downtime costs or claims of customers or such other party for service interruption, or any other types of economic loss whether or not such loss or damage is based on contract, warranty, negligence, indemnity, strict liability or otherwise. IV. Special Terms and Conditions. None. V. Additional Contract Documents Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements DocuSign Envelope ID: B4A3BEAD-5A37-42B9-AC57-A679C9E6E512 Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 8 of 7 Incorporated by Reference Only: Exhibit 1: RFB/RFP/ Quote No. 86876040 Exhibit 2: Contractor’s Bid/Proposal Response DocuSign Envelope ID: B4A3BEAD-5A37-42B9-AC57-A679C9E6E512 ATTACHMENT A – SCOPE OF WORK The scope of the contract covers repair and maintenance of PillAerator blowers at the Reflection Bay Reclamation Facility, including parts, repair, and travel time for the City of Pearland’s Wastewater Division per the specifications of Quote No. 86876040 dated 08/28/2023. DocuSign Envelope ID: B4A3BEAD-5A37-42B9-AC57-A679C9E6E512 QUOTATION Kaeser Compressors, Inc. P.O.Box 946 Fredericksburg, Virginia 22404 Phone (540) 898-5500 Fax (540) 898-5520 www.kaeser.com A Company with Certified Quality and Environmental Management Systems ISO 9001:2015 and 14001:2015 Roel Garcia City of Pearland 1818 Reflection Bay Pearland TX 77584 Kaeser Compressors, Inc. 16720 Hedgecroft Dr, Suite 200 Houston, TX 77060 Contact: Carlos Duran Tel: 866-245-9611 Fax: 877-577-6873 Reference Service Est. Customer no. 1225574 Quotation no. 86876040 Date 08/28/2023 Dear Roel Garcia, Thank you for allowing us to submit this estimate to service your Kaeser compressed air equipment. Kaeser is a global organization committed to complete customer satisfaction. Each and every product we offer is backed by our replacement parts guarantee which is the most comprehensive in the industry. It is our goal to provide your organization with the best service possible, and we are determined to surpass your expectations. We trust this estimate meets your requirements and we look forward to earning your business. If you have any questions or require additional information, please contact me directly at (866) 245-9611. With best regards, Johnathan Bernhard Service Support Assistant DocuSign Envelope ID: B4A3BEAD-5A37-42B9-AC57-A679C9E6E512 QUOTATION QUOTATION 86876040 - Roel Garcia 2 / 4 PRICE SUMMARY Item Description QTY UM Unit price Total USD USD Service Estimate Parts-PillAerator LP8000 EMR 7168422 30 Power supply unit 10A 120|230-500V 2Ph A 1.000 PC 958.14 958.14 40 Fuse UL Class J A4J 250A 3.000 PC 765.28 2,295.84 50 ServoOne 150kW 360-528V 1.000 PC 40,402.79 40,402.79 60 Circulation pump 6.0 m³/h 460V Rp1 1/4/P 1.000 PC 9,069.51 9,069.51 70 Ethylene Glycol - 5 Gallons 1.000 PC 638.33 638.33 80 KIT Condensers 1.000 PC 8,022.27 8,022.27 90 Mains filter 3Ph 250A SINUS 1.000 PC 19,760.23 19,760.23 91 Allen-Bradley 2711P-T9W22D9P 1.000 PC 7,188.00 7,188.00 Parts-PillAerator LP8000 EMR 7168419 110 Pressure transmitter dif 0-150mbar 4-20m 1.000 PC 981.32 981.32 111 Not to exceed 1.000 PC 7,400.00 7,400.00 Customer (Pearland) must cut a separate PO to branch for a not to exceed value of $7400 to schedule this and have already ordered the sensor above. 120 Capacitor network for sine filter 7178 1.000 PC 4,843.18 4,843.18 DocuSign Envelope ID: B4A3BEAD-5A37-42B9-AC57-A679C9E6E512 QUOTATION QUOTATION 86876040 - Roel Garcia 3 / 4 Item Description QTY UM Unit price Total USD USD Parts-PillAerator LP8000 EMR 7168420 140 Capacitor network for sine filter 7178 1.000 PC 4,843.18 4,843.18 Parts-PillAerator LP8000 EMR 7168383 160 Capacitor network for sine filter 7178 1.000 PC 4,843.18 4,843.18 Parts-PillAerator LP8000 EMR 7168424 180 Capacitor network for sine filter 7178 1.000 PC 4,843.18 4,843.18 Parts-PillAerator LP8000 EMR 7168421 200 Capacitor network for sine filter 7178 1.000 PC 4,843.18 4,843.18 Parts-PillAerator LP8000 EMR 7168423 220 Capacitor network for sine filter 7178 1.000 PC 4,843.18 4,843.18 230 Additional locally sourced parts 1.000 PC 1,150.00 1,150.00 Labor, Travel, Mileage 250 Labor service technician 1 16.000 H 145.00 2,320.00 260 Labor service technician 2 16.000 H 145.00 2,320.00 DocuSign Envelope ID: B4A3BEAD-5A37-42B9-AC57-A679C9E6E512 QUOTATION QUOTATION 86876040 - Roel Garcia 4 / 4 Item Description QTY UM Unit price Total USD USD 270 Traveling service technician 2.500 H 145.00 362.50 280 Premium for overtime category 2 2.500 H 72.50 181.25 50% Premium for overtime 290 Mileage Service-Van 116.000 MIL 2.00 232.00 Note: This is only an estimate for maintenance or repair work on your compressed air equipment. Kaeser will invoice for parts and labor actually required for the services. Should any additional parts or labor be required, after approval, we will replace and additional charges will be applied as needed. Unless otherwise noted, the services referenced will be performed during normal business hours (Mon-Fri, 8am-5pm). TOTAL PRICE 132,341.26 Terms of payment Within 30 days Payment terms are subject to credit approval. Delivery(Incoterms®2020) FCA US Shipping Point Standard ground shipping is provided at no charge. Quotation valid until: 10/28/2023 Contractual basisTerms and conditions: Kaeser quotations are offered with Kaeser's standard Terms and Conditions of Sale and Use and Terms and Conditions of Service. All additional or different terms and conditions must be agreed to by written contract with Kaeser corporate office, Fredericksburg, Virginia. Any modifications made by the recipient to the information provided on this Quote will not be honored. Kaeser's Terms and Conditions are available at www.us.kaeser.com/terms and upon written request. DocuSign Envelope ID: B4A3BEAD-5A37-42B9-AC57-A679C9E6E512 ATTACHMENT D – WARRANTY Items or services shall conform to the proposed specifications and all warranties shall be in accordance with Contractor’s Standard Warranty incorporated herein as Attachment D. DocuSign Envelope ID: B4A3BEAD-5A37-42B9-AC57-A679C9E6E512 DocuSign Envelope ID: B4A3BEAD-5A37-42B9-AC57-A679C9E6E512