CASTO%20TECHNICAL%20SERVICES.BID.pdf

Parent document: REVISED - Regular Meeting - Meeting #02-07-15-2024.pdf

Text

QUOTE
CASTO Technical Services Client: Van High School

Contact: Jay Hill

Date: 6/6/2024
We make buildings work...Betterl Quote #: 209446

Location: Van, WV -

PO Box 627 Nate Lancaster
540 Leon Sullivan Way Nlancaster@castotech.com

Charleston, WV 25301 304-346-0549
Fax 304-346-3920
WEST VIRGINIA CONTRACTOR LICENSE #W'V001241

PROJECT: Replace {1) 20 ton Gym RTU

SCOPE OF WORK:
Remove and properly dispose of (1} Existing York 20 ton RTU M#DM300E72P4AAAI1C S#NOC7562844 and curb adapter.

Eurnish and install (1) Trane 20 ton RTU with fresh air damper, hail guards, 72 kw heat strip, thermostat, and new curb adapter.
Casto Technical will provide all crane, trucking, permits, and rigging services.
Start-up and check for proper operation.

NOTE:
Equipment Lead Time: 2-4 weeks

PRICE & TERMS: $54,050.00
The stated price listed above is for the above scope of work {including all state and local taxes). Additional services, repairs, or

improvements that are not presented in the above description are excluded from this price.

EXCLUSIONS: CLARIFICATIONS:

1. All asbestos testing and removal will be owners responsibility 1. Our terms are net 30 days.

2. The cost of permits and inspections by outside authorities 2. Price will be held firm for 30 days.

3. The price of a performmance/payment bond 3. Work will be performed during normal working hours

4. Temporary heating and cooiing 4. Narmal working hours are M-F 8:00 am to 4:30 pm.

5. Contrals 5. 1-Year Parts and Labor Warranty is Included

6. RTU Disconnect 6. Project may be progress billed if deemed necessary
[=] check if a set payment schedule is needed

APPROVED: APPROVED:

Van High School CASTO TECHNICAL SERVICES

Nate Lancaster
Authorized Representative Authorized Representative

a PM / Estimator
Title Title

Acceptance Date Proposal Date



TERMS AND CONDITIONS — QUOTED SERVICE

+

of
“Company” shall mean Casto Technical Services, Inc. and “Customer” shall mean

1. Acceptance; Agreement

a. These terms and conditions {these “Terms") are an integral part of Company’s offer as set forth in the attached dated as ofthe day of 1 the
(“Proposal”) presented fo the Customer. Should Customer accept the Proposal or place an order, these Terms shall, together with the Proposal, form the agreement (the “Agreement”) of the

Company and Customer for the services described in the Proposal {the “Work”)}.

b. The Proposat shall remain valid onty for 30 days from the date thereof. if Customers adds to, deletes from, or alters in any manaer, these Terms or the Proposal, Customer's proposed
modifications are automatically rejactad by the Company and shall not become a part of the Agreamant. Customer's acceptanca of the Work by Company will, in any event, constitute an
acceptance by Customer of these Terms and the Proposal as originally delivered to Customer as the terms of the Agreement without modification.

c. The Proposai is subject fo credit approval by Company of Custamer. Company may delay or suspend performance or, at its option, renegotiate pricas and/or the Terms or the Proposal
should Customer's credit profile be determined to be unacceptable to Company in Company's exclusive discretion. [f Company and Customer are unable to agree on revisions following an
unfavoratle credit finding, the Proposal shall be canceiled by Company without any Habllity, othar than Customer’s obligation to pay for Work rendered by Company to the date of canceltation.

2. Pricing; Taxes

a. Untegs otherwise specifically noted, the price in the Proposal includes, if required by law, all sales, consumer, use and similar taxes legally enacted as of the date hereof for Wark provided
by Company. Customer agrees to pay all applicable taxes, and should Company inadvertently fail to charge applicable taxes to Customer, Customer shall pay the same when invoiced by
Company.

b, Customer claims thatit is exempt from certain tax requirements, Customer shall, within three (3) business days of the date of this Proposal, furnish appropriate certificates evidencing

Customer's tax exempt status. Customer shail Indemuify Company for any costs, fines, fees, taxes, penalties, or other charges or expenses of any kind or character {including reasonable
attorneys’ fees and casts) related to any tax liabilities imposed upon Company for which Customer had asserted to Company that it was exempt,

¢. Company shall charge Customer, and Customer agrees to pay Company for any additianal costs related to any bonds agread to be provided, whether or not such costs are included on the
Proposal,

d. Any delay In the Work as a result of Customer's act(s) or fallure(s} to act, may cause prices to Increase during the period of delay and Company may charge Customer with its out of pocket
costs associated with the delay. Additionally, Customer shall indemnity Company from and against any costs to Company or losses suffered by Company as a result of delays caused by

Customer's act{s) or failure(s} to act.

a, Unless a separate and distinct price or arrangement is quoted ln the Proposal, Customer shall pay Company’s overtime, special or emergency sates for af] work parformed outside of
Company's normal business hours.

3. Payment

a. Customer shalt pay Company’s invoices on a net 30 days basis from the date of the invoice. Company may invoice Customer for all equipment or matarial fumished, whether delivered to
the installation site or to an off-site storage facility and for all Work performed on-sita or aff-sita.

b. No retention shall be withheld from any payments except as expressly agreed in writing by Company, in which case retention shall be reduced per the contract documents and released in
full no later than the date of substantial com pletion.

c. H payment is not recelyed as required, Company may suspend performance and the tima for completion shall be axtended for a reasonable periad of fime not less than the period of
suspension, Customer shall be liable to Company for all reasonable shutdown, standby and start-up costs as a result of the suspension, Company reserves the right ta add fo any account
outstanding for more than 30 days a service charge equal to 1.5% of the principal amount due at the end of eack month. Customer shall pay all costs (including attorneys’ fees) incurred by
Company in attempting to collect amounts due and otherwise entorcing these terms and conditions. If requested, Company will provide appropriate lien waivers upon receipt of the payment of

all sume to Company,

4. Customer Breach

a. Each of the following events or conditions shall constitute a breach hy Customer and shall give Company the right, without an election of ramedies, te terminate this Agreement or suspend
performanca by delivery of written notice declaring termination or suspension, upon which event Customer shall be liable to Company for all Work furnished to date and all damages sustained
by Company (including lost profit and overhead):

{1) Any failure by Customer to pay amounts when due;

{2) Any general assignment by Customer for the benefit of its creditors, or if Customer becomes bankrupt or Insolvent or takes the benefit of any statute for bankrupt or insolvent debtors, or
makes or proposes fo make any proposal or arrangement with cradifors, or if any steps are taken for the winding up or other termination of Customer or the liquidation of its assets, or ifa
trustee, receiver, or similar person is appointed over any of tha assets or Interests of Customer;

(3) Any representation or warranty furnished by Customer in this Agreement is false or misteading in any material respect when mada; or
(4) Any failure by Customer to perform or comply with any provision of this Agreement

b. No delay or failure by Company to exercise any right under this Agreement, and ne partial or single exercise of any right under this Agreement, shall constitute a waiver of such or any other
Fight, unless otherwise expressly provided herein.

c. Nothing In this Agreemant is intended to, and the parties agree that thls Agreement does not, waive, mit, supplant or replace any other remedies that may be available to Company at law
orig equity, ingtuding but not limited to the use of statutory liens.

§. Performance


no Genipany shall perform the Work in accordance with industry standards generally applicable under similar circumstances as of the time Company performs the Work.
7 }

b. Company may refuse to perform any Work where working conditions could endanger property or put at risk the safety of persons including but not limited to Company's employees or
contractors. Unless otherwise agreed to by Customer and Company, Customer will provide any nacassary access platforms, catwalks and all other environmental requirements on site, at
Customer’s expense and before the Work begins, in order to permit Company to safely perform the Work In compliance with OSHA or state industrial safety regulations.

6. Exclusions Company's obligation is limited to the Work, as defined, and does not include any modifications to the Work or the worksite under any law or buflding code(s), including but not
limited to the Americans With Disabilities Act. in no event shall Company be required to parform work Campany reasonably believes Is outside of the deflned Wark without a written change
order signed by Customer and Company. Unless expressly included in the Proposal, the Sarvices da not include, and Company shall not be liable for, any of the following: {1) Any guarantee
of room conditions or system performance; (2) Inspection, operation, maintenance, repair, raplacement or performance of work or services outside the Services; (3) Damage, repairs or
raplacement of parts made necessary as a result of the acts or omission of Customer or any Event of Foree Majeure, as hereinafter defined; (4) Any claims, damages, losses, or expenses,
arising from or related to conditions that existed in, on, or upon the premises prior to the commencement of Services (“Pre-Existing Conditions”) including, without Imitation, damages,

: losses, or expenses involving a Pre-Existing Condition of building envelope issues, mechanical issues, plumbing issues, and/or indoor air quality issues s invalving mold/mold and/or fungl; ar

(5} Replacement of refrigerant.

"7. Time for Completion Except to the oxtent athanwise expressly agreed in writing signed by an authorized representative of Company, all dates provided by Company or its representatives for
contmencement, progress or completion are estimatas only. While Company shall use commercially reasonable efforts to meet such estimatad dates, Company shall not be responsible fof any

damages far its failure to do so.

8. Access Company and its subcontractors shall be provided access fo the Work site during regular business hours, or such other hours as may be requested by Company and acceptable to the
Work site’ owner or tenant for the performance of the Work, including sufficient areas for staging, mobilization, and storage. Company's actess to correct any emergency condition shall not be
restricted, Customer represents and warrants that Customer has all requisite right to authorize access to the Work site by the Company and its agents, employees, officers and contractors.
Access to the Work site shall include, but not necessarily be limited to, physica! aceess to all areas of the Work site relevant te the Work to be performed, ingress and egress rights over and
through areas necessary for access to the Work site and the corresponding rights to transport personnel, equipment, marchandise, tools and other necessary parsons and materials to and from
tha Work site. Customer hereby agrees to indemnify and defend Company, its agents, employees, subcantractors, contractors officers and directors fram and against any clalms, losses or

tiabilities arising from Company’s access to the Work site.

§. Completion

a. For any task performed as a part of the Work, when Company infarms Customer that the task has been completed, Company may (but shall not be obligated to} request, and in the event of
such a request Customer agrees to comply, that Customer Inspact the Werk in the presence of Company's representative. Upon such an inspection Customer shall elthar (a) accept the Work
related ta the task In its entirety by executing Company’s papenvork fo that end, ar (b) accept the Work related to the task in part and specifically Identify, in wrifing, any exception items.
Customer agrees to re-Inspect any and all excepted itams as soon as Company informs Customer that all such excepted items have been completed.

b, In the event ef a request under Sub-Saction {a}, the initial acceptance inspection shall take place within en (10) days from the date when Company Informs Customer that the Work
associated with a task has been completed, Any subsequent re-inspection of excepted items shall take place within five (5) days from the date when Company informs Customer that the
excepted items have been completed. Customer's failure fo cooperate and complete any of said Inspections within the requirad time limits shall constitute complete acceptance of the Work
ralatad to that task as of ten (10) days from date when Company informs Customer that the Work, or fhe excepted items, if applicable, has/have heen completed.

10, Permits and Governmental Fees; Easements and Approvals

a. Company shall secure (with Customer's assistance) and pay for building and other permits and governmental fees, licanses, and inspections necessary for proper performance and
completion of the Work which are legally required when bids from Company's subcontractors are received, negotiations thereon concluded, er the effective date of a relevant Change Order,
whichever is later. Customer agrees that it shall be responsible for the costs of such permits, fees, licenses, and inspections and if those casts are not separately included in the Proposal,
Company will invoice Customer for such costs over and abova the costs and faes set forth in tha Proposal and Customer agrees to pay all such invoices on the same terms and conditions as any

other payment that is a part of this Agreement.

b. Customer is responsible for obtaining any necessary approvals, easements, assessments and chargas for construction, use or occupancy of permanent structures or fer permanent changes
{o existing facilities prior to the beginning of any Work,

11. Ullities During Construction Cusfomer shall provide, without charge to Company, all water, heat, electricity, and other ufilities required for performance of the Work (which shall Include
garbage or refuse disposal and haul away costs and fees unless spacifically agreed in the Proposal). Customer shall be responsible for any delays in the parformance of tha Work by Company
occurring as a result of a lack of availability of required utilities. Company may invoice Customer, and Customer agrees to pay such invoices, for costs incurred by Company as a resuit of such
delays. Continuing failure by Customer te provide necessary utilities services may result in the termination of this Agreement by Company.

12. Concealed or Unknown Conditions

a. In the performance of the Work, if Company encounters conditions at the Work site that are (I) concealed physical conditions that differ materially from these indicated on drawings, plats,
plans, schematics, or other depictions or descriptions of the conditians on site that impact the Work that have been discussed by the parties or have been incorporated Into tha Praposal or (ii)
unknown phystcal conditions of an unusual nature that differ materially from these conditions ordinarily found to exist and generally recognized as inherent in construction activities of the type
and character as the Wark, Company shail notify Customar of such conditions promptly, prior to significantly disturbing same, ,

b. Ifsuch conditions differ materially and cause an increase in Campany’s cost of, or tlme required for, parfarmance of any part of the Work, Company shall be entitled to, and Customer shall
consent by Change Order to, an equitable adjustment in the Contract Price, contract time, or both,

13. Pre-Existing Conditions. Company is nat liable for any claims, damages, losses, or expenses, arising from or related to conditions that existed in, on, or upon the Work site before the date
that Campany began Work on the site (“Pre-Existing Conditions”), including, without limitation, damages, losses, or expenses involving Pre-Existing Conditions of building envelope issues,
mechanical issues, plumbing issues, and/or indoor air quality issues involving mold/mold and/or fungi. Company also Is not fable for any claims, damages, losses, or expenses, arising from
or related to work done by or services provided by individuals or entitles that are not employed by or hired by Company. If such pre-existing conditions differ matemally from the understanding
of the parties or the anticipated circumstances on the Work site and cause an increase in Company's cost of, or time required for, performance of any part of the Work, Company shail be
antitled to, and Customer shall consent by Change Order to, an equitable adjustment In the Contract Prica, conteact time, or both.

14. Asbestos and Hazardous Materials

a. Gompany’s Work and other services Is connectisn with this Agreement expressly axcludes any Identification, abatement, cleanup, control, disposal, ramoval or other work connected with