HomeMy WebLinkAbout10 AGREEMENT WITH COUNTY LIBRARY TO REIMBURSE COSTS OF LIBRARY COOLING TOWER RETROFIT PROJECTff1?"�Y OAGENDA REPOR
MEETING DATE:
TO
FROM
JULY 17, 2018
JEFFREY C. PARKER, CITY MANAGER
MATTHEW S. WEST, ASSISTANT CITY MANAGER
Agenda Item 10
Reviewed:
City Manager
Finance Director
SUBJECT: AGREEMENT WITH COUNTY LIBRARY TO REIMBURSE COSTS OF
LIBRARY COOLING TOWER RETROFIT PROJECT
SUMMARY:
To approve an agreement with the County of Orange and the OC Community
Resources/OC Public Libraries for the City to provide up to $140,000 in reimbursements
for the costs of a cooling tower retrofit project at the Tustin Library.
RECOMMENDATION:
Approve and authorize the Mayor to sign the "Funding Agreement Between The City Of
Tustin And The County Of Orange For The Tustin Branch Library Cooling Tower Retrofit
Project" attached hereto as Exhibit 1, subject to any revisions approved by the City
Manager and the City Attorney that do not increase the total reimbursement above
$140,000.
FISCAL IMPACT:
The contract would establish a maximum reimbursement from the City of $140,000. Funds
for the project are in this year's approved budget.
CORRELATION TO THE STRATEGIC PLAN:
By providing for needed repairs to the City -owned public facility (e.g., the library's HVAC
system), the agreement would advance Strategic Plan Goal B "Public Safety and
Protection of Assets", Strategy 3.b. "Continue capital improvement planning to ensure
continuous maintenance and improvement of flood control, park, public, traffic control and
transportation facilities."
BACKGROUND AND DISCUSSION:
The Tustin Library is owned by the City and operated by the County of Orange pursuant
to a 40 -year lease. The existing facility was constructed by the City and at City expense.
The 31,500 square -foot library is a single -story building founded on a slab on grade with
1327335.1
Agenda Report: Reimbursement Agreement re Library Cooling Tower Retrofit
July 17, 2018
Page 2
a large portion of the slab depressed with an 18 -inch covered steel raised floor. The steel
framed structure with metal framed exterior walls are clad in a painted stucco finish with
the entire north facing wall almost entirely comprised of large expansive windows with
smaller window openings at the remaining elevations. Much of the electrical, ducting,
and control wiring are located below the floor due to the tall ceilings and expansive
window system. Prior to the discovery of the leak in the water supply for the heating and
air conditioning system under the raised floor in March 2017, County and City Staff were
discussing and evaluating the need for a new cooling tower unit. The current system had
always struggled to provide adequate cooling given the large expansive space and patron
demand. As a result, a new cooling tower is recommended to address the system as
whole and improve cooling conditions with a higher level of chilled supply
air. Reimbursement for this new unit will be provided by original construction savings
specifically set aside for ongoing facility maintenance and operation.
The County proposes to retain Emcor Services to perform the services to upgrade the
cooling tower for the facility. (Emcor's proposal is attached as Exhibit 2.) Emcor's
proposal anticipates costs totaling $114,930. The attached funding agreement would
provide that the City will reimburse the County up to $140,000 for the project. The
additional authorization will ensure the work does not need to be halted in order to obtain
City Council approval in the event unexpected conditions are discovered during
construction that require change orders.
If the work is authorized soon, the County anticipates that the project will be completed
before the library is re -opened, thus avoiding additional library closures while the cooling
system is upgraded.
e4 Z � �/�. V,
Matt -hew S. West
Assistant City Manager
Attachment:
1. Funding Agreement Between The City Of Tustin And The County Of Orange For
The Tustin Branch Library Cooling Tower Retrofit Project
2. June 28, 2018 Proposal from Emcor Services for Cooling Tower Upgrade
1327335.1
Exhibit I
FUNDING AGREEMENT BETWEEN THE CITY OF TUSTIN
AND THE COUNTY OF ORANGE
FOR THE TUSTIN BRANCH LIBRARY
COOLING TOWER RETROFIT PROJECT
THIS AGREEMENT made and entered into this day of 2018, by and
between the City of Tustin, a California municipal corporation (hereinafter referred to as "CITY")
and the County of Orange, a political subdivision of the State of California, and the OC Community
Resources/OC Public Libraries ("OCPL"), a County Free Public Library organized pursuant to
the provisions of Education Code Sections 19100, et seq. (hereinafter referred to as "COUNTY").
The CITY and COUNTY may be referred to herein individually as a "Party" or collectively as
the "Parties."
RECITALS,
WHEREAS, CITY owns and OCPL operates the Tustin Branch Library, located at 345 E.
Main Street, Tustin, CA ("Library"); and
WHEREAS, CITY desires to provide funding to COUNTY in an amount not to exceed
One Hundred Forty Thousand Dollars ($140,000) for a cooling tower retrofit project ("Project")
at the Library; and
WHEREAS, COUNTY is willing to perform the Project at the Library; and
WHEREAS, COUNTY and CITY now desire to enter into this Agreement to establish
responsibilities for the Project.
NOW THEREFORE, in consideration of the foregoing premises and the mutual
covenants and promises herein contained, the Parties hereto agree as follows:
1. COUNTY RESPONSIBILITIES:
1.1 Upon completion of the Project, COUNTY shall submit a written invoice to CITY
which will include a complete detail of the Project's expenditures.
1.2 COUNTY agrees, at the request of CITY, to make available to a representative of the
CITY for examination of its data, financial records and related project reports
maintained for the Project activities within ten (10) business days of the written
request. The COUNTY shall retain such financial and Project records for at least three
(3) years from the date of payment.
1.3 COUNTY shall retain as part of the Project records copies of all warranties provided
by COUNTY's contractor(s) and equipment supplier(s) in the implementation of the
Project. In the event a need arises for work or materials potentially covered by one or
Page 1 of 4
1330638.1
more such warranties, COUNTY shall cooperate with CITY in requesting and
coordinating implementation of the work and delivery of the materials.
2. CITY RESPONSIBILITIES:
CITY shall make payment to COUNTY within forty-five (45) days of receiving a written
invoice from COUNTY upon completion of the Project. City's obligation hereunder shall
not exceed One Hundred Forty Thousand Dollars ($140,000).
3. IT IS MUTUALLY AGREED that:
3.1 The obligations and participation of CITY under this Agreement shall be limited solely
to the discretionary issuance of funds to COUNTY in accordance with the terms of this
Agreement.
COUNTY shall cause its contractor(s) to have and maintain liability insurance against
bodily injuries and property damage in amounts determined appropriate by the County,
and to have and maintain worker's compensation insurance for any injuries during the
performance of the Project. All of contractor's liability insurance policies shall be
endorsed to name the COUNTY and CITY as additional insureds. Each contractor,
and each of its worker's compensation insurers, shall waive all rights of subrogation
against the COUNTY and CITY. County shall also cause its contractor(s) to agree to
defend and indemnify the COUNTY and CITY and their elected and appointed
officials, officers, agents, and employees, against any and all claims, loss, demands,
damages, cost, expenses or liability arising out of the Project, except for liability arising
out of the sole negligence of the COUNTY or the CITY, or their officers, agents, or
employees, including the cost of defense of any lawsuit arising therefrom.
3.2 COUNTY shall be considered an independent contractor and neither COUNTY, its
employees, nor anyone working under COUNTY shall be considered an agent or an
employee of CITY. Neither COUNTY, its employees, contractors. nor anyone
working under COUNTY shall qualify for workers' compensation or other fringe
benefits of any kind through CITY.
3.3 Any written notices pursuant to this Agreement may be provided by personal delivery
or regular mail and shall be addressed as set forth below or as either party may hereafter
designate by written notice and shall be deemed delivered upon personal delivery or
seventy-two (72) hours after deposit in the United States Mail.
COUNTY
OC Public Libraries
1501 E. St. Andrew Place
Santa Ana, CA 92705
Attention: County Librarian
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1330638.1
CITY
City of Tustin
300 Centennial Way
Tustin, CA 92780
Attention: City Manager
4. MISCELLANEOUS PROVISIONS:
4.1 Non -Discrimination. In the performance of this Agreement, both Parties agree that they
will comply with the requirements of Section 1735 of the California Labor Code and
not engage nor permit any subcontractors to engage in discrimination in employment
of persons because of the race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status, or sex of such persons.
Both Parties acknowledge that a violation of this provision shall subject the Parties to
penalties pursuant to Section 1741 of the California Labor Code.
4.2 Governing Law and Venue. This Agreement has been negotiated and executed in the
State of California and shall be governed by and construed under the laws of the State
of California. In the event of any legal action to enforce or interpret this Agreement,
the sole and exclusive venue shall be a court of competent jurisdiction located in
Orange County, California, and the Parties hereto agree to and do hereby submit to the
jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394.
Furthermore, the parties specifically agree to waive any and all rights to request that
an action be transferred for trial to another county.
4.3 Entire Agreement. This Agreement, and any other documents specifically incorporated
into this Agreement, shall constitute the entire agreement between COUNTY and
CITY relating to this Project. As used herein, Agreement refers to and includes any
documents incorporated herein by reference and any exhibits or attachments. Except
with regard to the existing Lease between the City and the COUNTY regarding the
Library, this Agreement supersedes and merges all previous understandings, and all
other agreements, written or oral, between the parties regarding this Project, and sets
forth the entire understanding of the parties regarding the subject matter hereof. The
Agreement may not be modified except by a written document signed by both parties.
4.4 Amendments. No alteration or variation of the terms of this Agreement shall be valid
unless made in writing and signed by the Parties; no oral understanding or agreement
not incorporated herein shall be binding on either of the Parties; and no exceptions,
alternatives, substitutes or revisions are valid or binding on either Party unless
authorized by either Party in writing_
4.5 Severability. If any term, covenant, condition or provision of this Agreement is held
by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder
of the provisions hereof shall remain in full force and effect and shall in no way be
affected, impaired or invalidated thereby.
4.6 Attorney's Fees. In any action or proceeding to enforce or interpret any provision of
this Agreement, each Party shall bear their own attorney's fees, costs and expenses.
This provision shall not limit the right of either party to recover the costs of a legal
defense from one or more contractor(s), provided the defense is required under Section
3.2 above.
Page 3 of 4
1330638.1
4.7 Consent to Breach Not Waiver. No term or provision of this Agreement shall be
deemed waived and no breach excused, unless such waiver or consent shall be in
writing and signed by the Party claimed to have waived or consented. Any consent by
any party to, or waiver of, a breach by the other, whether express or implied, shall not
constitute consent to, waiver of, or excuse for any other different or subsequent breach
4.8 Authority. The Parties to this Agreement represent and warrant that this Agreement
has been duly authorized and executed and constitutes the legally binding obligation
of their respective organization or entity, enforceable in accordance with its terms.
IN WITNESS WHEREOF, the Parties hereto certify that they have read and understand all the
terms and conditions contained herein and hereby cause this Agreement to be executed.
City of Tustin
Name: ELWYN A. MURRAY
Title: MAYOR
Dated:
ATTEST:
M.
Name: Erica N. Yasuda
Title: City Clerk
Dated:
County of Orange
A Political Subdivision of the State of California
Lo
Dated:
Dylan Wright, Director
OC Community Resources
APPROVED AS TO FORM
DEPUTY COUNTY COUNSEL
Dated:
Deputy County Counsel
Page 4 of 4
1330638.1
Ci
::COR Services
Mesa Energy Systems
Cooling Tower Upgrade
Tustin Library
345 E Main St,
Tustin, CA 92780
To:
Gary Rivas
Project Manager III
1501 East St. Andrew Place
Santa Ana, California 92705
6/28/18
Quote # 172672
Agreement Valid for 30 Days
2 CROMWELL • IRVINE, CA 92618 • (949) 460-0460 • FAx (949) 460-8833
LICENSE #611215 (B, C-4, C-10, C-20, C-36, C38)
Mesa Energy Systems Inc. is a full service mechanical contractor and energy solutions provider
with an in depth background of years of experience in air-conditioning system retrofits and
making buildings more efficient throughout California, Arizona, and Nevada. Our ability to
provide turnkey projects gives our customers the assurance of quality, precision and
professionalism.
Tower Upgrade Replacement Scope of Work
Per your request EMCOR Service Mesa Energy Systems is pleased to submit the following
proposal as required to provide the options for a Cooling Tower replacement as discussed. The
Evapco Cooling Tower will support capacity of 300 F GPM / 88 F EWT / 78 F LWT @ 73 FWB.
The Tower upgrade is required to match the installed Technical Systems Air conditioners and
submittal that shows the air conditioning units were designed for 78 F EWT / 88 F LWT and
rated at 47.8 tons each to total 95.6 tons. The Scope of work is as follows.
1. Provide shutdown of the tower and pumps as needed with OCPW Site Technician during
normal.
2. Provide disconnect and safe off of electrical and mechanical connections to the tower as
required to lift for removal.
3. Provide crane removal of the Evapco tower and systems piping components that will need
to be removed to accommodate the new tower as selected and per design. Provide crane
Rental 40 -ton crane with trucking and disposal of the removed tower and piping no longer
needed.
4. Provide installation of the new Evapco cooling tower to include rigging of the base and top
sections as required on the new structural base systems as per structural design. Anchor to
the structural base.
5. Provide electrical installation as needed to connect the existing VFD and wiring, vibration
switch and water level systems. Provide and installed needed conduit and wiring from the
POC at each component to the new tower. Provide labor and materials as required for the
electrical scope of work. No new electrical breakers, VFD or disconnects will be provided for
this replacement.
6. Provide installation of new inlet and outlet tower water piping as needed for the new
configuration. Provide flexible connections, pipe and fittings as required for the tower loop.
Provide and install water fill piping along with required drains as needed to complete the
tower water and drain piping systems. Test water make up and drains as needed. Provide
required pipe, valves and fittings as needed with supports and pipe clamps
8. Provide start up and testing of the tower fan, fill system and water flow operation with OCPW
Site technician as required.
SAN DIEGO • IRVINE • SAN FERNANDO VALLEY / VENTURA • BAKERSFIELD • FRESNO • SACRAMENTO a SAN JOSE
• PLEASANTON • SAN FRANCISCO • LAS VEGAS • PHOENIX
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tower and pumping systems back into normal BMS or Bypass operation for as directed and
accomplished by OCPW Technician.
10. Clean up work area, verify the work listed is complete with OCPW personnel and
demobilize.
11. Provide the closeout Documentation with Tower as selected with warranty letter.
12. Provide required labor needed to complete testing as identified in the above during normal
business hours 6:00am to 4:30pm to be determined.
Evapco UT 19-4HG Installation Pricing
Add Cost: Engineering and Permits
$ 102,880.00
$ 12,050.00
Exclusions:
Structural Upgrade based on design, Cooling Tower not selected in options, VFD Replacement
or Upgrade, tower SS Upper Section , tower coating or cleaning, new Tower Nozzles, chemical
treatment upgrades that are required for warranty, removal or repair of the Dolphin System,
Pump upgrades or repairs, AC unit repair or condenser barrel replacement, DB level increase,
Overtime labor, delays or stand by time not in our control, additional work not included above,
overhead structural steel revision, Water balance, added trips and expenses due to unforeseen
conditions, changes if required will be proposed as requested. Standard insurance applies,
regular time as needed.
SAN DIEGO • IRVINE • SAN FERNANDO VALLEY/ VENTURA • BAKERSFIELD • FRESNO * SACRAMENTO • SAN JOSE
• PLEASANTON 0 SAN FRANCISCO • LAS VEGAS • PHOENIX
L
Checked items below are included in this proposal, non -checked items are specifically excluded.
Engineering, Permits & Bonds
Mechanical Engineering (Add) X Structural Engineering (Add) X
Electrical Engineering Plan Check Fees
Mechanical Permits (Add) X Electrical Permits
Structural Permits (Add) X Street Closure Permits
Performance Bond Architectural Drawings
Rigging and Specialty Rentals
Rigging/Forklifte Scissor Lift as Required e
Helicopter Other:
Additional Services
Comfort Air Balance Certified Air Balance
Water Balance Certified Water Balance
Recover Refrigerant Per EPA Guideline Dispose of old Equipment X
Other Other:
Project to be Performed at the below Listed Times
Normal Business Hours(M-F 6am- X Overtime (other than Normal Business Hours)
4:30pm)
Normal Hours and Overtime Other:
Specialty Trades
Electrical X Abatement
Framing of Curb Runners Duct Cleaning
Re -roofing of Runners Seismic Upgrades
Insulation of New Ducting (As Required) Insulation of New Piping (As Required)
Coring X -Ray Prior to Coring
Project Completion
Start Up and Commissioning eX Factory Start Up Coordination e
Operation &Maintenance Manuals X Eddy Current Testing Report
Additional Components
New Programmable Digital Thermostat Double Wall Flue Pipe as Needed
Smoke Detectors in Supply Duct Smoke Detectors in Supply and Return Ducts
New HW Pump and Motor Assemblies EMCOR Retains All Salvage Rights
Warranties
90 -Day Labor and Materials from Date of Beneficial Use
One (1) year Labor and Materials from Date of Beneficial Use X
Four (4) Year Manufacturer Extended Compressor Warranty
SAN DIEGO • IRVINE • SAN FERNANDO VALLEY / VENTURA • BAKERSFIELD • FRESNO • SACRAMENTO • SAN JOSE
• PLEASANTON • SAN FRANCISCO • LAS VEGAS • PHOENIX
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Concealed Conditions
If concealed or unknown conditions of an unusual nature which affect the performance of the work are
encountered below the roof line or above the ceiling or in an existing part of the building other than the
work, which conditions are not ordinarily found to exist or which differ materially from those generally
recognized as inherent in work of the character provided for in this Agreement, notice by the observing
party shall be given promptly to the other party, if possible before conditions are disturbed and in no event
later than fourteen days after first observance of the conditions. The Contract Sum shall be equitably
adjusted for such concealed or unknown conditions by Change Order upon claim made within fourteen
days after claimant becomes aware of the conditions.
Regulatory Chanqes
Mesa Energy Systems Inc. shall be compensated for changes in the Work necessitated by the enactment
or revision of codes, laws or regulations subsequent to the execution of this Agreement.
Hazardous Materials
OC Community Resources hereby agrees to indemnify, defend and hold harmless Mesa Energy
Systems, Inc. and its agents, employees, consultants and subcontractors from and against any claim,
damage, allegation, suit, cause of action, cost, loss, expense or injury in connection with Hazardous
Materials not introduced to the Project by the Indemnified Parties, including, without limitation, all costs of
remediation, experts, consultants or other costs in connection with Hazardous Materials associated with
the Project.
Unforeseen Conditions
OC Community Resources understands and agrees that Mesa Energy Systems, Inc. shall not be liable
for added costs or time delays caused by unforeseen conditions at the Project, including, without
limitation, unanticipated rerouting of existing piping, fire sprinklers or gas piping. In the event that the fire
sprinklers, water, electrical conduit or gas piping are required to be relocated, Mesa shall not be
responsible for such work. Mesa Energy Systems, Inc. or a subcontractor under the control and
supervision of OC Community Resources shall perform such work.
NFPA 70E
Mesa technicians are trained to understand the specific hazards associated with electrical energy
according to NFPA 70E, Standard for Electrical Safety in the Workplace. They are trained in safety-
related work practices and procedural requirements as necessary to provide protection from the electrical
hazards associated with their respective job or task assignments. Documented safe work practices
include lockout/tagout and energy isolation. Category 2 personal protective equipment is issued for
electrical hazards while working on voltages between 50 and 480 volts. Mesa's policy is to remove the
energized electrical hazard by working on de -energized circuits and by using the written lockout/tagout
policies and procedures when feasible.
SAN DIEGO • IRVINE 0 SAN FERNANDO VALLEY / VENTURA • BAKERSFIELD • FRESNO • SACRAMENTO • SAN JOSE
• PLEASANTON • SAN FRANCISCO • LAS VEGAS 0 PHOENIX
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O
A. Unless stated otherwise in this agreement, services provided under this agreement will be performed during normal
working hours of 7 a.m. to 5 p.m., Monday through Friday.
B. The guarantees and services provided under the scope of this agreement are conditioned upon OC Community
Resources operating and maintaining systems/equipment. OC Community Resources will do so in according to
industry -accepted practices, or in consideration of our recommendations.
C. OC Community Resources will provide and permit reasonable access to all areas where work is to be performed. Mesa
Energy Systems, Inc. will be allowed to start and stop equipment as necessary to perform its services and be permitted
use of existing facilities and building services.
D. Any repairs or services resulting from power failures, freezing, roof leaks through curbs or equipment, or air side corrosion
will be paid for by the OC Community Resources in accordance with Mesa Energy Systems, Inc.'s currently established
rates.
E. The agreement does not include responsibility for system design deficiencies, such as, but not limited to poor air
distribution, water flow imbalances, system equipment and component obsolescence, electrical failures, unserviceable
equipment, and operating the system(s), unless otherwise stated in this Agreement.
F. Mesa Energy Systems, Inc. will not be liable for delays or failure to obligate due to fire, flood, strike, lockout, freezing,
unavailability of material, riots, acts of god, or any cause beyond reasonable control.
G. Mesa Energy Systems, Inc. is not responsible for the removal or disposal of any hazardous materials or any cost
associated with these materials unless otherwise noted in this Agreement.
H. The agreement does not include repairing any damage resulting from improper/inadequate water treatment or filter service
not supplied by Mesa Energy Systems, Inc.
I. This agreement does not include any services occasioned by improper operation, negligence, vandalism, or
alterations, modifications, abuse, or misuse, or repairs to equipment not performed by Mesa Energy Systems, Inc. Unless
otherwise agreed, also excluded is the furnishing of materials and supplies for painting or refurbishing existing equipment.
J. Mesa Energy Systems, Inc. shall not be required to furnish any items of equipment, labor, or make special tests
recommended or required by insurance companies, Federal State Municipal or other authorities except as otherwise
included in this Agreement.
K. In the event either party must commence a legal action in order to enforce any rights under this contract, the successful
party shall be entitled to all court costs and reasonable attorney's fees as determined by the court for prosecuting and
defending the claim, as the case may be.
L. Mesa Energy Systems, Inc. shall not be liable for the operation of the equipment nor for injuries to persons or damage to
property, except those directly due to the negligent acts or omissions of its employees and in no event shall it be liable for
consequential or speculative damages. It shall not be liable for expense incurred in removing, replacing or refinishing any
part of the building structure necessary to the execution of this Agreement. It shall not be held liable for any loss by
reason of strikes or labor troubles affecting its employees who perform the service called for herein, delays in
transportation, delays caused by priority or preference rating, or orders or regulations established by any government,
authority, or by unusual delays in procuring supplies or for any other cause beyond its reasonable control.
M. Only Mesa Energy Systems, Inc.'s personnel or agent are authorized to perform the work included in the scope of this
agreement. Mesa Energy Systems, Inc. may, at its option, cancel or waive its obligations under this Agreement should
non -authorized individuals perform such work.
N. This Agreement and all rights hereunder shall not be assignable unless approved by Mesa Energy Systems, Inc. In the
event of additional freight, labor, or material costs resulting from a OC Community Resources request to avoid delays
with respect to equipment warranties, or accelerated delivery of parts and supplies, the Customer agrees to pay these
additional costs at Mesa Energy Systems, Inc.'s currently established rates.
O. Mesa Energy Systems, Inc.'s scope of work shall not include the identification, detection, abatement, encapsulation or
removal of asbestos or products or materials containing asbestos or similar hazardous substances. In the event Mesa
Energy Systems, Inc. encounters such material in performing its work, Mesa Energy Systems, Inc. will have the right to
discontinue work and remove its employees until the hazard is corrected or its determined no hazard exists.
P. This Agreement contains the entire Contract and the parties hereby agree that this Agreement has been agreed to and
the entire Agreement is then accepted and approved by an authorized person for both parties, and no statement, remark,
agreement or, understanding, oral or written, not contained herein, will be recognized or enforced.
Q. This agreement does not include the disposal of hazardous waste, any charges incurred for their proper disposal will be
born by the customer as an extra to the contract price.
R. OC Community Resources agrees that in the event that there shall have been passed a federal and/or state law which
shall compel Mesa Energy Systems, Inc. to contribute to a federal and/or state health plan for its employees, then the
terms of this Agreement shall be subject to adjustment to the extent that the cost of such mandated contributions increase
by Mesa Energy Systems, Inc.'s cost of performing this contract.
S. OC Community Resources acknowledges and agrees that any purchase order issued by OC Community Resources in
accordance with this Agreement, is intended only to establish payment authority for OC Community Resources internal
accounting purposes. No purchase order shall be considered to be a counteroffer, amendment, modification, or other
revision to the terms of this agreement. No term or condition included in the OC Community Resources purchase order
will have any force or effect.
SAN DIEGO • IRVINE • SAN FERNANDO VALLEY/ VENTURA • BAKERSFIELD • FRESNO • SACRAMENTO • SAN JOSE
0 PLEASANTON 9 SAN FRANCISCO 0 LAS VEGAS 0 PHOENIX
35% Mobilization
Balance Progress Billings
This Retrofit Related Proposal is valid for 30 days. Please feel free to contact me with any questions that
you may have at 949-254-3114.
Sincerely,
Director of Business Development
Aaron_fletcher@emcorgroup.com
Execution of Contract Below:
This agreement defines the understanding of services between Mesa Energy Systems Inc. and
County of Orange Public Works. This agreement shall begin on Customer's Acceptance Date, or
upon receipt of a Letter of Intent.
Customer Acceptance:
EMCOR Services / Mesa Acceptance:
Signature Signature
Printed Name Printed Name
Title Date Title Date
SAN DIEGO • IRVINE • SAN FERNANDO VALLEY / VENTURA 0 BAKERSFIELD • FRESNO • SACRAMENTO • SAN JOSE
• PLEASANTON • SAN FRANCISCO • LAS VEGAS • PHOENIX
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