LPBC ALLOWANCES LPBC ADDENDUM # 4-11/13/17 SECTION

Transcription

1 LPBC ALLOWANCES LPBC ADDENDUM # 4-11/13/17 SECTION I. PART 1 - CASH ALLOWANCES 1.1 GENERAL A. The Contractor shall include in the Contract Sum, all allowances stated in the contract documents. These allowances shall cover the net cost of the materials and equipment delivered and unloaded at the site, and all applicable taxes. The Contractor's handling costs on the site, labor, installation costs, overhead, profit and other expenses contemplated for the original allowance shall be included in the Contract Sum and not in the allowance. The Contractor shall cause the work covered by these allowances to be performed for such amounts and by such persons as the Architect may direct, but he will not be required to employ persons against whom he makes a reasonable objection. If the cost, when determined, is more than or less than the allowance, the Contract Sum shall be adjusted accordingly by Change Order which will include additional handling costs on the site, labor, installation costs, overhead profit and other expenses resulting to the Contractor from any increase in the original allowance. B. Equipment provided by the allowance and furnished either by the Owner or Contractor or both, shall be under warranty as stated in the General Conditions. 1.2 ALLOWANCES A. Provide two allowances of $1, each for the purchase of an 18" x 24" bronze plaque to be installed in the main lobby at each school at a location to be designated by Owner. The cost of installing the plaque shall be included in the base bid for each school. See Section for plaque design. B. Provide allowances of $171, (+8% tax) and $276, (+8% tax) for HVAC equipment as quoted for Burney-Harris-Lyons Middle School from Hill Company Inc. and Mingledorf s Inc. for the following items: 1. Hill Company, Inc. a. Energy Recovery Units by AAON (see attachment A for quote and equipment) 2. Mingledorf s Inc. a. VRF Multi-Split System Heat Pup Units, Ductless Split-System Heat Pump Units, and Ductless Split- System Air Conditioning Units by Mitsubishi (see attachment C for quote and equipment)

2 LPBC ALLOWANCES LPBC ADDENDUM # 4-11/13/17 C. Provide allowances of $171, (+8% tax) and $278, (+8% tax) for HVAC equipment as quoted for W.R. Coile Middle School from Hill Company Inc. and Mingledorf s Inc. for the following items: 1. Hill Company, Inc. a. Energy Recovery Units by AAON (see attachment B for quote and equipment) 2. Mingledorf s Inc. a. VRF Multi-Split System Heat Pump Units, Ductless Split-System Heat Pump Units, and Ductless Split- System Air Conditioning Units by Mitsubishi (see attachment C for quote and equipment) *All other remaining HVAC equipment and material, as shown on the drawings and as specified, are to be included outside of these allowances in the Base Bid. *The Owner will be purchasing equipment included in the above allowances for Phase A that will be credited as a deductive Change Order once the Owner contracts with the awarded General Contractor. This will ensure timely delivery of the equipment to meet schedule completion. END OF SECTION

3 P.O. Box Roswell, Georgia Facsimile Contractor Reg. No. CN October 25, 2017 To: RE: John Gilbreath Clark County School District Additions & Renovations to Burney-Harris-Lyons Middle School AAON Energy Recovery Units Samsung VRF systems Samsung Ductless Minisplit systems We propose to furnish the equipment and services specified herein at prices stated and in accordance with the terms and conditions per the attached Conditions of Sale document. Energy Recovery Units - AAON Tag: ERU-1, 2, 3, 4, 5 Hill Company, Inc. proposes to furnish five (5) Energy Recovery Units as manufactured by AAON with the following: Quality Assurance: o Unit is factory run tested o ETL listed Cabinet and Casing features: o Double walled casing insulated with 2 foam insulation R-13 o Stainless steel drain pan under cooling coil o Double wall access doors with stainless steel piano hinges o Galvanized steel casing, painted with gray polyurethane paint (2500 hour salt spray quality finish) Supply Fan Section: o Direct Drive airfoil plenum fan, SWSI o Premium efficiency ODP fan motor o Factory mounted VFD for balancing Inlet/exhaust Section o Gear driven outside air/return air damper with factory mounted electric actuator o Factory mounted inlet hood with bird screen o Exhaust fan with premium efficiency motor and factory mounted VFD for balancing Cooling and Dehumidification System: o Copeland scroll compressors with refrigerant R410A o Variable capacity scroll compressor on lead circuits o Intertwined DX cooling coil with heat pump TXV on each circuit o Variable speed low ambient head pressure controls factory mounted o Hot gas reheat coil with factory mounted modulating hot gas reheat valve Energy Recovery Section: o ARI Rated energy recovery wheel with permanently bonded desiccant coating. o Energy wheel cassette shall contain wheel drive motor, drive belt, wheel seals, and bearings Electric Heating o Electric heat with nickel-chromium elements, airflow switch, and thermal safeties o Staged electric heat control Filter sections: o 2-30% pleated filter media for outside, exhaust air and supply airstream o One (1) set of filters provided

4 Burney-Harris-Lyons Middle School Page 2 Electrical: o Single point power connection with non-fused disconnect switch o Low voltage phase monitor Controls: o Bacnet DDC controller to control cooling, heating, and dehumidification. o Field sensors to ship loose for installation by others. o Refrigerant hot gas reheat controller with discharge air sensor (sensor ships loose). Side Discharge Plenum Curb: o Insulated side discharge plenum curb with gasket, wood nailer, and duct connections Warranty & Startup: o One-year unit parts (only) warranty and Five-year compressor warranty (parts only) o Start-up supervision by AAON authorized Hill Equipment Sales and Service (HESCO) during normal working hours. o One-year labor warranty provided for replacement of any failed parts per HESCO CAPP program. Items not included: Electrical or control wiring. Rigging or equipment installation Smoke dampers or Smoke detectors Airflow stations Samsung Variable Refrigerant Flow System Hill Company, Inc. proposes to furnish Ten (10) Variable Refrigerant Flow Systems as manufactured by Samsung with the following: Indoor Units: 95 Total Air Handlers Seventeen (17) Samsung 2 x2 4-Way Ceiling Cassette Indoor Units as scheduled o R410A refrigerant with electronic refrigerant valve o Microprocessor controller and field installed wall-mount thermostat o Integral condensate pump o Isolation ball valves Seventy five (75) Samsung Ceiling Concealed Ducted Indoor Units as scheduled o R410A refrigerant with electronic refrigerant valve o Microprocessor controller and field installed wall-mount thermostat o Integral condensate pump o Isolation ball valves Three (3) Samsung Multi-position Air Handler Indoor Units as scheduled o R410A refrigerant with electronic refrigerant valve o Microprocessor controller and field installed wall-mount thermostat o Isolation ball valves Outdoor Units: Ten (10) Units Ten (10) Samsung Heat Recovery Condensing Unit with o Air cooled condensing unit with inverter driven scroll compressor(s) o Ability to do simultaneous cooling and heating in different zones Central Controls: One (1) Samsung Touch Screen central controller One (1) Samsung BACnet Gateway One (1) Samsung Service data tool

5 Burney-Harris-Lyons Middle School Page 3 Warranty: o Ten year parts and compressor warranty o One year labor warranty Items not included: Electrical or control wiring Electrical Disconnects Rigging or equipment installation Smoke Detectors Refrigerant or refrigerant piping Bipolar izonization units Secondary drain pans and overflow switches Extra set of filters Samsung Ductless Mini-split Systems Hill Company, Inc. proposes to furnish nine (9) Ductless Mini-Split Systems as manufactured by Samsung with the following: Indoor Units: Nine (9) Air Handlers One (1) Samsung Wall Mount Indoor Units as scheduled o R410A refrigerant with electronic refrigerant valve o Microprocessor controller and field installed wall-mount thermostat o Field installed condensate pump included One (1) Samsung 3 x3 4-Way Ceiling Cassette Indoor Units as scheduled o R410A refrigerant with electronic refrigerant valve o Microprocessor controller and field installed wall-mount thermostat o Integral condensate pump o Isolation ball valves Seven (7) Samsung 2 x2 4-Way Ceiling Cassette Indoor Units as scheduled o R410A refrigerant with electronic refrigerant valve o Microprocessor controller and field installed wall-mount thermostat o Integral condensate pump o Isolation ball valves Outdoor Units: Nine (9) Units Samsung heat pump condensing unit with o Air cooled condensing unit with inverter driven scroll compressor o Low ambient wind/hail guards Clarifications: 9kBtu 2 x2 cassette will be supplied as a 12kBtu cassette 15kBtu 2 x2 cassette will be supplied as a 18kBtu cassette Warranty: o Ten year parts and compressor warranty Items not included: Central Controller BACnet or LON gateways

6 Burney-Harris-Lyons Middle School Page 4 Electrical or control wiring Electrical Disconnects Rigging or equipment installation Smoke Detectors Refrigerant or refrigerant piping Bipolar Ionization units Secondary drain pans and overflow switches Extra set of filters Pricing - Terms of payment are net 30 from date of invoice. FOB factory with freight prepaid to jobsite. Sales taxes are not included. Total Price for (5) AAON Energy Recovery Units: $171,500 + Tax Alternate Pricing: Provide deduct to eliminate Bacnet controller and factory mount third party DDC controller for each energy recovery unit: Deduct $12,000 Total Total Price for (10) Samsung VRF Systems: $324,500 + Tax Total Price for (9) Samsung Ductless Minisplit Systems: $25,400 + Tax Sincerely, Dennis Begley Sales Engineer Hill Company, Inc

7 Burney-Harris-Lyons Middle School Page 5 CONDITIONS OF SALE Sale of any equipment or services described herein at the prices indicated is expressly conditioned upon the terms and conditions set forth below. Any order for or any statement of intent to purchase any such equipment or services, or any direction to proceed with engineering, procurement, manufacture or shipment, shall constitute assent to said terms and conditions and a representation that the purchaser is solvent. Any additional different terms or conditions set forth in any communication from the Purchaser are not agreed to by Hill Company, Inc. hereinafter referred to as "Seller", if they differ from the terms herein and shall not be effective or binding unless assented to in writing by an officer of the company. PROPOSALS - All proposals for sales and/or services, unless otherwise specified upon the face are subject to acceptance within thirty days only. All proposals which include equipment manufactured by others are subject to the same conditions extended to Hill Company, Inc. Any numerical, clerical or stenographic errors appearing in Hill Company, Inc. proposal may be corrected at any time by Seller. DELIVERY - Shipping dates are approximate and are based upon shipping promises given us by the manufacturer and are contingent upon prompt receipt of all necessary information. The Seller shall not be liable for delays in delivery or in performance or failure to manufacture or deliver, due to (1) causes beyond its control, including errors in manufacture or (2) acts of God, acts of the Purchaser, acts of civil or military authority, priorities, fires, strikes, or other labor disturbances, floods, epidemics, war, riot, delays in transportation or car shortages, or (3) inability on account of causes beyond its reasonable control to obtain necessary labor, materials, components or manufacturing facilities. In the event of any such delay, the date of delivery or of performance shall be extended for a period equal to the time lost by reason of delay. FIELD SERVICE & STARTUP - Services of factory authorized field service personnel for installation supervision, startup and adjustment and for subsequent technical assistance may be purchased at rates determined by Seller plus travel and per hour if not specifically quoted. Field Service is provided upon a "best efforts" basis and Hill Company, Inc. assumes no responsibility and shall not be liable for any direct, incidental, consequential, special or contingent damages or expenses arising directly or indirectly from such Service. Purchaser agrees to indemnify Hill Company, Inc. and to hold it harmless against all liabilities and expenses resulting from claims arising from such Field Service. ELECTRICAL EQUIPMENT - Equipment includes only the electrical components referred to in the Proposal. Charges arising from any local, state or provincial regulations necessitating charges to electrical equipment are to be paid by the purchaser unless equipment has been specifically quoted to meet these regulations. PERFORMANCE - The seller does not guarantee the merchantability of goods or services. Where performance figures are specified, the equipment offered is based on our experience and information supplied by the manufacturers and the facts and specifications provided by the purchaser. Should any modifications be required to meet performance specifications, we reserve the right to make these modifications. If, in our judgement, a modification problem cannot be readily and economically rectified, it is our option to remove the equipment at any time and refund all payments made to us by the Purchaser. No other charges will or can be assessed by either the Purchaser or Seller. CLAIMS - Any claim of shortages or errors must be made by purchaser within five (5) days after receipt of shipment. No backcharge or retention of monies by purchaser shall be permitted with prior written approval from the seller. PAYMENT AND TERMS TAXES - Any tax or other governmental charge now or hereby levied upon the production, sale, use of shipment of goods ordered or sold will be charged to any paid for by the Purchaser. Such taxes are not covered in the Seller's price unless expressly so quoted. TERMS OF PAYMENT - Unless other terms are specified, payment shall become due 30 days from date of invoice. If shipment is delayed by the Purchaser, date of readiness for shipment shall be deemed to be date of invoice for payment purposes. If, in the Seller's judgement, the Purchaser's financial condition at any time does not justify the terms specified, the Seller may require full or partial payment as a condition to commencing or continuing manufacture or service in advance of shipment, or if shipment has been made seller may recover equipment from the carrier. FREIGHT - Unless otherwise stated, prices are F.O.B. shipping point. CANCELLATION - The Purchaser may cancel his order only upon written notice and upon payment to the company of reasonable and proper cancellation charges, as determined by seller. CHANGES - Changes in the specifications on which Purchaser's order covered by this Proposal is based will not be accepted unless requested in writing and any change in price is agreed to in writing. PATENTS - Hill Company, Inc. does not design or manufacture any equipment. Purchaser will be protected an defended against any suit or proceeding brought against the Purchaser only to the extent a patent protection clause is provided by the various manufacturers of equipment sold by Hill Company, Inc. QUALITY AND GUARANTEE - Only those warranties and guarantees offered by the manufacturer of any equipment sold by Hill Company, Inc. are offered to the Purchaser and only to the extent that they are transferable to the Purchaser; copies of these warranties and guarantees will be furnished by Hill Company, Inc. upon written request by the Purchaser. NO OTHER WARRANTIES OR GUARANTEES ARE OFFERED OR PROVIDED BY SELLER. LIMITATION OF LIABILITY - The Seller's liability on any claim of any kind, including negligence, for any loss or damage arising out of, connected with, or resulting from this contract, or from the performance or breach thereof, or from the design, manufacture, sale, delivery, resale, installation, inspection, repair, operation, service, or use of any equipment covered by or furnished under this contract shall in no case, (except as provided in the paragraph entitled, "Patents"), exceed the price allocable to the equipment or unit thereof which gives rise to the claim. In no event whether as a result of breach of contract or warranty or alleged negligence, shall the Seller be liable for special or consequential damages including, but not limited to, loss of profits or revenue, loss of use of the equipment or any associated equipment, cost of capital, cost of substitute equipment, facilities or services, downtime costs, or claims of customers of the Purchaser for such damages. APPROVALS & CLEARANCES - The purchaser shall have responsibility to obtain any and all necessary approvals and clearances from his Insurance carrier(s), FDA, USD, OSHA, Local Building, Health, Industrial Safety, Pollution Control and all other similar agencies unless specially quoted herein. REGULATORY LAWS AND/OR STANDARDS - The Seller makes no promise or representation that its products, equipment or services will conform to any state or local laws, ordinances, regulations, codes or standards, except as particularly specified and agreed upon for compliance in writing as a part of the contract between Purchaser and the Seller. The Seller's prices do not include the cost of any related inspections permits or inspection fees. GENERAL - All quotations are made and all orders are accepted by the Seller with reference to the laws of the State of Georgia and the rights and duties of all persons and the construction and effect of all provisions thereof shall be governed by and construed according to the laws of that state. Should any terms or provisions contained in these conditions violate any or be involved under applicable law, the contract of which these conditions for a part shall not fail by reason thereof but shall be construed in the same manner as if such terms or provisions had not appeared herein. The Seller represents that any goods to be delivered hereunder will be produced in compliance with the requirements of the Fair Labor Standards Act of 1938, as amended.any assignment of this contract, or any rights hereunder, by the Purchaser without written consent of the company shall be void. The provisions of the contract are for the benefit of the parties hereto and not for any other reason. ADDITIONAL CONDITIONS - If the purchaser issues an order to the manufacturer directly or in care of Hill Company, Inc. the manufacturer's term and conditions of sale shall be in addition to the terms and conditions herein.

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9 P.O. Box Roswell, Georgia Facsimile Contractor Reg. No. CN October 25, 2017 To: RE: John Gilbreath Clark County School District Additions & Renovations to Colie Middle School AAON Energy Recovery Units Samsung VRF systems Samsung Ductless Minisplit systems We propose to furnish the equipment and services specified herein at prices stated and in accordance with the terms and conditions per the attached Conditions of Sale document. Energy Recovery Units - AAON Tag: ERU-1, 2, 3, 4, 5 Hill Company, Inc. proposes to furnish five (5) Energy Recovery Units as manufactured by AAON with the following: Quality Assurance: o Unit is factory run tested o ETL listed Cabinet and Casing features: o Double walled casing insulated with 2 foam insulation R-13 o Stainless steel drain pan under cooling coil o Double wall access doors with stainless steel piano hinges o Galvanized steel casing, painted with gray polyurethane paint (2500 hour salt spray quality finish) Supply Fan Section: o Direct Drive airfoil plenum fan, SWSI o Premium efficiency ODP fan motor o Factory mounted VFD for balancing Inlet/exhaust Section o Gear driven outside air/return air damper with factory mounted electric actuator o Factory mounted inlet hood with bird screen o Exhaust fan with premium efficiency motor and factory mounted VFD for balancing Cooling and Dehumidification System: o Copeland scroll compressors with refrigerant R410A o Variable capacity scroll compressor on lead circuits o Intertwined DX cooling coil with heat pump TXV on each circuit o Variable speed low ambient head pressure controls factory mounted o Hot gas reheat coil with factory mounted modulating hot gas reheat valve Energy Recovery Section: o ARI Rated energy recovery wheel with permanently bonded desiccant coating. o Energy wheel cassette shall contain wheel drive motor, drive belt, wheel seals, and bearings Electric Heating o Electric heat with nickel-chromium elements, airflow switch, and thermal safeties o Staged electric heat control Filter sections: o 2-30% pleated filter media for outside, exhaust air and supply airstream o One (1) set of filters provided

10 W.R. Colie Middle School Page 2 Electrical: o Single point power connection with non-fused disconnect switch o Low voltage phase monitor Controls: o Bacnet DDC controller to control cooling, heating, and dehumidification. o Field sensors to ship loose for installation by others. o Refrigerant hot gas reheat controller with discharge air sensor (sensor ships loose). Side Discharge Plenum Curb: o Insulated side discharge plenum curb with gasket, wood nailer, and duct connections Warranty & Startup: o One-year unit parts (only) warranty and Five-year compressor warranty (parts only) o Start-up supervision by AAON authorized Hill Equipment Sales and Service (HESCO) during normal working hours. o One-year labor warranty provided for replacement of any failed parts per HESCO CAPP program. Items not included: Electrical or control wiring. Rigging or equipment installation Smoke dampers or Smoke detectors Airflow stations Samsung Variable Refrigerant Flow System Hill Company, Inc. proposes to furnish Ten (10) Variable Refrigerant Flow Systems as manufactured by Samsung with the following: Indoor Units: 95 Total Air Handlers Seventeen (17) Samsung 2 x2 4-Way Ceiling Cassette Indoor Units as scheduled o R410A refrigerant with electronic refrigerant valve o Microprocessor controller and field installed wall-mount thermostat o Integral condensate pump o Isolation ball valves Seventy five (75) Samsung Ceiling Concealed Ducted Indoor Units as scheduled o R410A refrigerant with electronic refrigerant valve o Microprocessor controller and field installed wall-mount thermostat o Integral condensate pump o Isolation ball valves Three (3) Samsung Multi-position Air Handler Indoor Units as scheduled o R410A refrigerant with electronic refrigerant valve o Microprocessor controller and field installed wall-mount thermostat o Isolation ball valves Outdoor Units: Ten (10) Units Ten (10) Samsung Heat Recovery Condensing Unit with o Air cooled condensing unit with inverter driven scroll compressor(s) o Ability to do simultaneous cooling and heating in different zones Central Controls: One (1) Samsung Touch Screen central controller One (1) Samsung BACnet Gateway One (1) Samsung Service data tool

11 W.R. Colie Middle School Page 3 Warranty: o Ten year parts and compressor warranty o One year labor warranty Items not included: Electrical or control wiring Electrical Disconnects Rigging or equipment installation Smoke Detectors Refrigerant or refrigerant piping Bipolar izonization units Secondary drain pans and overflow switches Extra set of filters Samsung Ductless Mini-split Systems Hill Company, Inc. proposes to furnish nine (9) Ductless Mini-Split Systems as manufactured by Samsung with the following: Indoor Units: Nine (9) Air Handlers One (1) Samsung Wall Mount Indoor Units as scheduled o R410A refrigerant with electronic refrigerant valve o Microprocessor controller and field installed wall-mount thermostat o Field installed condensate pump included One (1) Samsung 3 x3 4-Way Ceiling Cassette Indoor Units as scheduled o R410A refrigerant with electronic refrigerant valve o Microprocessor controller and field installed wall-mount thermostat o Integral condensate pump o Isolation ball valves Seven (7) Samsung 2 x2 4-Way Ceiling Cassette Indoor Units as scheduled o R410A refrigerant with electronic refrigerant valve o Microprocessor controller and field installed wall-mount thermostat o Integral condensate pump o Isolation ball valves Outdoor Units: Nine (9) Units Samsung heat pump condensing unit with o Air cooled condensing unit with inverter driven scroll compressor o Low ambient wind/hail guards Clarifications: 9kBtu 2 x2 cassette will be supplied as a 12kBtu cassette 15kBtu 2 x2 cassette will be supplied as a 18kBtu cassette Warranty: o Ten year parts and compressor warranty Items not included: Central Controller BACnet or LON gateways

12 W.R. Colie Middle School Page 4 Electrical or control wiring Electrical Disconnects Rigging or equipment installation Smoke Detectors Refrigerant or refrigerant piping Bipolar Ionization units Secondary drain pans and overflow switches Extra set of filters Pricing - Terms of payment are net 30 from date of invoice. FOB factory with freight prepaid to jobsite. Sales taxes are not included. Total Price for (5) AAON Energy Recovery Units: $171,500 + Tax Alternate Pricing: Provide deduct to eliminate Bacnet controller and factory mount third party DDC controller for each energy recovery unit: Deduct $12,000 Total Total Price for (10) Samsung VRF Systems: $325,900 + Tax Total Price for (9) Samsung Ductless Minisplit Systems: $25,400 + Tax Sincerely, Dennis Begley Sales Engineer Hill Company, Inc

13 W.R. Colie Middle School Page 5 CONDITIONS OF SALE Sale of any equipment or services described herein at the prices indicated is expressly conditioned upon the terms and conditions set forth below. Any order for or any statement of intent to purchase any such equipment or services, or any direction to proceed with engineering, procurement, manufacture or shipment, shall constitute assent to said terms and conditions and a representation that the purchaser is solvent. Any additional different terms or conditions set forth in any communication from the Purchaser are not agreed to by Hill Company, Inc. hereinafter referred to as "Seller", if they differ from the terms herein and shall not be effective or binding unless assented to in writing by an officer of the company. PROPOSALS - All proposals for sales and/or services, unless otherwise specified upon the face are subject to acceptance within thirty days only. All proposals which include equipment manufactured by others are subject to the same conditions extended to Hill Company, Inc. Any numerical, clerical or stenographic errors appearing in Hill Company, Inc. proposal may be corrected at any time by Seller. DELIVERY - Shipping dates are approximate and are based upon shipping promises given us by the manufacturer and are contingent upon prompt receipt of all necessary information. The Seller shall not be liable for delays in delivery or in performance or failure to manufacture or deliver, due to (1) causes beyond its control, including errors in manufacture or (2) acts of God, acts of the Purchaser, acts of civil or military authority, priorities, fires, strikes, or other labor disturbances, floods, epidemics, war, riot, delays in transportation or car shortages, or (3) inability on account of causes beyond its reasonable control to obtain necessary labor, materials, components or manufacturing facilities. In the event of any such delay, the date of delivery or of performance shall be extended for a period equal to the time lost by reason of delay. FIELD SERVICE & STARTUP - Services of factory authorized field service personnel for installation supervision, startup and adjustment and for subsequent technical assistance may be purchased at rates determined by Seller plus travel and per hour if not specifically quoted. Field Service is provided upon a "best efforts" basis and Hill Company, Inc. assumes no responsibility and shall not be liable for any direct, incidental, consequential, special or contingent damages or expenses arising directly or indirectly from such Service. Purchaser agrees to indemnify Hill Company, Inc. and to hold it harmless against all liabilities and expenses resulting from claims arising from such Field Service. ELECTRICAL EQUIPMENT - Equipment includes only the electrical components referred to in the Proposal. Charges arising from any local, state or provincial regulations necessitating charges to electrical equipment are to be paid by the purchaser unless equipment has been specifically quoted to meet these regulations. PERFORMANCE - The seller does not guarantee the merchantability of goods or services. Where performance figures are specified, the equipment offered is based on our experience and information supplied by the manufacturers and the facts and specifications provided by the purchaser. Should any modifications be required to meet performance specifications, we reserve the right to make these modifications. If, in our judgement, a modification problem cannot be readily and economically rectified, it is our option to remove the equipment at any time and refund all payments made to us by the Purchaser. No other charges will or can be assessed by either the Purchaser or Seller. CLAIMS - Any claim of shortages or errors must be made by purchaser within five (5) days after receipt of shipment. No backcharge or retention of monies by purchaser shall be permitted with prior written approval from the seller. PAYMENT AND TERMS TAXES - Any tax or other governmental charge now or hereby levied upon the production, sale, use of shipment of goods ordered or sold will be charged to any paid for by the Purchaser. Such taxes are not covered in the Seller's price unless expressly so quoted. TERMS OF PAYMENT - Unless other terms are specified, payment shall become due 30 days from date of invoice. If shipment is delayed by the Purchaser, date of readiness for shipment shall be deemed to be date of invoice for payment purposes. If, in the Seller's judgement, the Purchaser's financial condition at any time does not justify the terms specified, the Seller may require full or partial payment as a condition to commencing or continuing manufacture or service in advance of shipment, or if shipment has been made seller may recover equipment from the carrier. FREIGHT - Unless otherwise stated, prices are F.O.B. shipping point. CANCELLATION - The Purchaser may cancel his order only upon written notice and upon payment to the company of reasonable and proper cancellation charges, as determined by seller. CHANGES - Changes in the specifications on which Purchaser's order covered by this Proposal is based will not be accepted unless requested in writing and any change in price is agreed to in writing. PATENTS - Hill Company, Inc. does not design or manufacture any equipment. Purchaser will be protected an defended against any suit or proceeding brought against the Purchaser only to the extent a patent protection clause is provided by the various manufacturers of equipment sold by Hill Company, Inc. QUALITY AND GUARANTEE - Only those warranties and guarantees offered by the manufacturer of any equipment sold by Hill Company, Inc. are offered to the Purchaser and only to the extent that they are transferable to the Purchaser; copies of these warranties and guarantees will be furnished by Hill Company, Inc. upon written request by the Purchaser. NO OTHER WARRANTIES OR GUARANTEES ARE OFFERED OR PROVIDED BY SELLER. LIMITATION OF LIABILITY - The Seller's liability on any claim of any kind, including negligence, for any loss or damage arising out of, connected with, or resulting from this contract, or from the performance or breach thereof, or from the design, manufacture, sale, delivery, resale, installation, inspection, repair, operation, service, or use of any equipment covered by or furnished under this contract shall in no case, (except as provided in the paragraph entitled, "Patents"), exceed the price allocable to the equipment or unit thereof which gives rise to the claim. In no event whether as a result of breach of contract or warranty or alleged negligence, shall the Seller be liable for special or consequential damages including, but not limited to, loss of profits or revenue, loss of use of the equipment or any associated equipment, cost of capital, cost of substitute equipment, facilities or services, downtime costs, or claims of customers of the Purchaser for such damages. APPROVALS & CLEARANCES - The purchaser shall have responsibility to obtain any and all necessary approvals and clearances from his Insurance carrier(s), FDA, USD, OSHA, Local Building, Health, Industrial Safety, Pollution Control and all other similar agencies unless specially quoted herein. REGULATORY LAWS AND/OR STANDARDS - The Seller makes no promise or representation that its products, equipment or services will conform to any state or local laws, ordinances, regulations, codes or standards, except as particularly specified and agreed upon for compliance in writing as a part of the contract between Purchaser and the Seller. The Seller's prices do not include the cost of any related inspections permits or inspection fees. GENERAL - All quotations are made and all orders are accepted by the Seller with reference to the laws of the State of Georgia and the rights and duties of all persons and the construction and effect of all provisions thereof shall be governed by and construed according to the laws of that state. Should any terms or provisions contained in these conditions violate any or be involved under applicable law, the contract of which these conditions for a part shall not fail by reason thereof but shall be construed in the same manner as if such terms or provisions had not appeared herein. The Seller represents that any goods to be delivered hereunder will be produced in compliance with the requirements of the Fair Labor Standards Act of 1938, as amended.any assignment of this contract, or any rights hereunder, by the Purchaser without written consent of the company shall be void. The provisions of the contract are for the benefit of the parties hereto and not for any other reason. ADDITIONAL CONDITIONS - If the purchaser issues an order to the manufacturer directly or in care of Hill Company, Inc. the manufacturer's term and conditions of sale shall be in addition to the terms and conditions herein.

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29 LPBC REVISED (Add #4) ALTERNATES LPBC ADDENDUM #2-11/2/17 ADDENDUM #4-11/13/17 SECTION I. PART 1 - GENERAL 1.1 SCOPE A. To allow the Owner to compare total costs where deductive or additive alternates might be used and to aid the Owner's decision prior to awarding the Contract, certain alternatives have been established as described in this section of the Specifications. B. Related work described elsewhere 1. Pertinent sections of these Specifications describe the materials and methods required under the various alternatives. 2. The method for stating the proposed Contract Sum is described on the Bid Form. 1.2 DESCRIPTION OF REQUIREMENTS A. Definition: An alternate is an amount proposed by Bidders and stated on Bid Form as added to or deducted from Base Bid amount if Owner decides to accept a corresponding change in either scope of work or in products, materials, equipment, systems or installation methods described in Contract Documents. B. Coordination: Coordinate related work and modify or adjust adjacent work as required to ensure that work affected by each accepted alternate is complete and fully integrated into the project. C. Notification: Immediately following award of Contract, prepare and distribute to each party involved, notification of status of each alternate. 1. Indicate whether alternates have been accepted, rejected or deferred for consideration at later date. 2. Include complete description of negotiated modifications to alternates, if any. D. Schedule: Schedule of Alternates included at end of this Section. 1. Specification sections referenced in Schedule contain requirements for materials and methods necessary to achieve work described under each alternate. 2. Include as part of each alternate, miscellaneous devices, appurtenances and similar items incidental to or required for complete installation whether or not mentioned as part of alternate. E. Bidding of Alternates: 1. All Alternates must be bid. Failure to bid Alternates may subject bid to disqualification. 2. Enter amounts of Alternates on Proposal form. 1.3 ACCEPTANCE OF ALTERNATES A. Alternates will be considered as provided by law and Georgia Department of Education Rule (2) (g), (h).

30 LPBC REVISED (Add #4) ALTERNATES LPBC ADDENDUM #2-11/2/17 ADDENDUM #4-11/13/17 II. III. PART 2 - PRODUCTS - (Not Applicable) PART 3 - EXECUTION 3.1 SCHEDULE OF ALTERNATES FOR ADDITIONS & RENOVATIONS TO: BURNEY-HARRIS-LYONS MIDDLE SCHOOL A. ALTERNATE #BHL-1 (ADDITIVE): 1. Base Bid: Paving and striping as shown on drawings. 2. Add Alternate #BHL-1: Pavement Milling & Resurfacing as shown on drawings. B. ALTERNATE #BHL-2 (DEDUCTIVE): 1. Base Bid: LVT, V.C.T.T., and associated adhesives material and installation included in Base Bid. 2. Deductive Alternate #BHL-2: Deduct amount from Base Bid for LVT, V.C.T.T., and associated adhesive materials. Provide installation only. C. ALTERNATE #BHL-3 (DEDUCTIVE): 1. Base Bid: Bid for Burney-Harris-Lyons Middle School only. 2. Deductive Alternate #BHL-3: Deduct amount from Base Bid if awarded both projects to one Contractor. 3.2 SCHEDULE OF ALTERNATES FOR ADDITIONS & RENOVATIONS TO: W. R. COILE MIDDLE SCHOOL A. ALTERNATE #C-1 (ADDITIVE): 1. Base Bid: Paving and striping as shown on drawings. 2. Add Alternate #C-1: Pavement Milling & Resurfacing as shown on drawings. B. ALTERNATE #C-2 (DEDUCTIVE): 1. Base Bid: LVT, V.C.T.T., and associated adhesives material and installation included in Base Bid. 2. Deductive Alternate #C-2: Deduct amount from Base Bid for LVT, V.C.T.T., and associated adhesive materials. Provide installation only. C. ALTERNATE #C-3 (DEDUCTIVE): 1. Base Bid: Bid for W. R. Coile Middle School only. 2. Deductive Alternate #C-3: Deduct amount from Base Bid if awarded both projects to one Contractor. END OF SECTION