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HomeMy WebLinkAbout06-27-1986 City Council Agenda packet8S (7 AGENDA BILL NO. 0 DATE: June 27, 1986 CITY OF SARATOGA DEPT.: Maintenance CITY MGR. APPROV SUBJECT: RESTROOMS AT EL QUITO PARK AGENDA ITEM 28 Suamary: Maintenance Director proposes to purchase factory built restroom building for El Quito Park. This project is the next priority for park improvement for the Park and Recreation Commission. Fiscal Impacts: 14ould need to add $50,000 to capital projects budget for 1986-87. Funding to come from Park Development Fund Reserve, reducing current reserve from an estimated $119,290 to $69,290. Cost savings over design and build in 1987 -88 are estimated at $18,000 $20,000 in 1986 dollars. Exhibits /Attachments: 1. Report from Maintenance Director 2. Photo of building. Recommended Action: Approve proposed purchase direct necessary budget adjustment resolution to be prepared for approval at July 16, 1986, City Council meeting. Council Action Approved $50,000. DATE: June 24, 1'986 TO: City Manager FROM: Dan Trinidad SUBJECT: Restrooms at El Quito Park Attached is the Price Quotation from Restroom Facilities Corporation together with other information concerning the restrooms at El Quito Park. Although this improvement is not included in the 1986 87 Fiscal Year Capital Improvement Budget, I feel it should be considered at this time for the following reasons: 1. With the completion of Congress Spring Park, the addition of Restrooms at El Quito Park is the highest priority of the Park and Recreation Commission. 2. Because of the special price being quoted by Restroom Facilities Corp., we will realize a 30,000 savings from their regular price. This offer is made on a first come basis on two buildings which were built for someone else but were not delivered. 3. The quote of 43,580 is approximately 11,000 below what we would expect to pay for a conventional "concrete block" building. In addition, Architect's Fees for the design would raise the cost of the conventional building by about 8,000. While we could possibly find some savings in a "stud wall" building, we believe maintenance would be excessive for that type of building for the proposed use. The contractor who is building the restrooms at Congress Springs Park has given us a rough estimate of 54,000 for a "concrete block" building with the samedimensions and equipment as the those in the Proposal by Restroom Facilities Corporation. Assuming a 15 Fee for architectural services, the comparable prices for the conventionally designed and constructed building would be approximately 62,000, not including utilities which will cost about 5,000. 4. The City of Mountain View, which has three restrooms that were constructed by Restroom Facilities Corp., tells us they are highly satisified with all aspects of the buildings. 5. Steve Harper is familiar with this type of building and he feels it is an excellent choice for the City. 1 We have reviewed the proposal with Restroom Facilities Corp. to determin what additional cost the City would incur above their quote. They explained that their proposal did not include the cost of bringing utilities to within 6 feet of the building, nor was it absolute on the amount of "Sitework" or "Transportation" cost. They say their quote reflects the average they experience in other locations. We estimate that the full cost of bringing the necessary utilities to within six feet of the building, and the cost of an extra work, will not exceed 6,420. The total budget for completed facility should be established at 50,000 Da Trinidad Jr. Director of Maintenance 2 UMW cD2 0 IP o C� 13777 FRUITVALE AVENUE SARATOGA, CALIFORNIA 95070 (408) 867 -3438 MEMORANDUM TO: Dan Trinidad FROM: Roy Swanson SUBJECT: Restrooms for El Quito Park DATE: June 6, 1986 Attached is a letter from Restroom Facilities in Reno, Nevada concerning the building that is available for about 1/2 price. This particular structure normally sells for $60,000 and because they have some in stock, because they did not fit the needs of a government avency, they are offering this facility for $30,000. They also enclosed an estimate of installation which looks like a fair figure for that process. To be able to put in a restroom of this size and accomodations for this price seems to me to be a very prudent expenditure that we should really take a serious look at. When we consider the cost of the building at Congress Springs this really is a good buy, providing we could get funding within the next 30 to 60 days, and I really don't know if that is possible. As you can see by the plans, it is wheelchair accessible, and would be about the right size for El Quito. The texture of the building would blend with the park and with the structures in the surrounding area. We need to take some positive action soon if we are to take advantage of this proposal. Any further information we might need you can call Reno and talk to Janell or to our representative, Chris. Let me know if I can be of any help in giving this a good shot. Roy Swanson Parks and Buildings Supervisor RS /st ITEM 3 RESTROO /A FACILITIES 560 EAST PLUMB LANE, RENO, NEVADA 89502 702 -827 -7520 PRELIMINARY PRICE QUOTE (Subject to Restroom Facilities' Standard Terms Conditions of Sale, ATTACHED) CUSTOMER NAME: CITY OF SARATOGA PROJECT LOCATION: SARATOGA, CA. PROJECT NAME: EL QUITO PARK PROJECT NUMBER: CORPP DATE SUBMITTED: MAY 23, 1986 OUR MODEL NUMBER: S64- 1232- EL -PD -SH ITEM 1 BASE BUILDING OPTIONS OPTIONS AVAILABLE: a. Electrical package EMT conduit b. Poly partitions c. Poly partition doors d. Class B medium shakes e. Underground plumbing kit -C.I. f. Underground electric sleeve $30,000.00 CALIFORNIA STATE SALES TAX -6% 1,080.00 TOTAL BUILDING COST AFTER DISCOUNTS TAX: $31,080.00 ITEM 2 SITEWORK Estimate only, based on RF inspection of site and soils test if necessary See Page 2. Total Items 1 2: $9,500.00 *40,580.00 TRANSPORTATION ESTIMATE From nearest available plant $3,000.00 TRANSPORTATION COST IS ESTIMATE ONLY. PRICE WILL BE ACTUAL COMMERCIAL BILL OF LADING VIA COMMERCIAL CARRIER FROM NEAREST AVAILABLE FACTORY TO PROJECT SITE. GRAND TOTAL (Including Transportation): $43,580.00 THIS QUOTE DOES NOT INCLUDE MISCELLANEOUS EXPENSES SUCH AS BUILDING PERMITS, THIRD PARTY INSPECTION, CITY LICENSE FEES, OR BONDS QUOTE IS GOOD FOR 30 DAYS A DIVISION OF INTEXX CORPORATION RESTROO /A FL\CILITIES CUSTOMER NAME: CITY OF SARATOGA PROJECT LOCATION: SARATOGA, CA. PROJECT NAME: EL QUITO PARK PROJECT NUMBER: CORPP DATE SUBMITTED: MAY 23, 1986 R.F. MODEL NUMBER: S64- 1232- EL -PD -SH 560 EAST PLUMB LANE, RENO, NEVADA 89502 702 827 -7520 PRELIMINARY PRICE QUOTATION DETAILS Page 2 of 2 SITEWORK: Sitework is an estimate only and is based upon normal site conditions as follows: CRANE: Not to exceed cost of 4 -hour minimum at $80 per hour. CONCRETE: -Not to exceed cost of $55 /yd for 3000 PSI for 5yd. minimum. EXCAVATION: Soils suitable for excavation with 5 -ton backhoe with 1 day maximum including travel time and back fill at $40 per hour for 8 -hour term. FOOTING DEPTH: Sitework cost is based upon 18" footing depth maxi CONCRETE BASE: mum with 4' nominal slab and 5' x 4' sidewalk. MISCELLANEOUS•. TERMS OF PAYMENT: Assumed in base cost is a clear site; undisturbed or 95% compacted soil at 1500 lb /sf resistance, a pad prepared or existing grade with less than 5% variation available water to clean up; and access to site from improved roadways to allow 14' -0" by 16' -0 by 75' -0" length for tractor and trailer. (See attached Standard Terms and Conditions of Sale and Payment). TRANSPORTATION: Transportation cost is estimate only. Price will be actual Bill of Lading via commercial carrier from nearest available factory to pro ject site. A DIVISION OF INTEXX CORPORATION REST OLM FACILITIES, A DIVISION OF INTEKK CORPORATION GENERAL SPECIFICATIONS -"S!' (These Outline Specifications are not to be used for Bidding Purposes) GENERAL: The restroan building is constructed off site under ideal temperature controlled plant conditions, shipped to the site completely pre pre (when applicable), and ready for final installation on a fpun (when offer includes sitework). DESIGN CODES: (Design codes shall be the latest edition or revision) SRBC Standard Building Code. BCC& Basic Building Code. (CB) Uniform Building Code. NEC National Electrical Code. IAMPO Uniform Plumbing code. PHCC National Standard Plumbing Code. SBCC Standard Plumbing Code. BOCA Basic Plumbing Code. Standard Design includes earthquake and hurricane design. Minimum wind load design: 100 MPH; munimrm roof load design: 100 lbs. /sq.ft. BANDICAPPED FACILITIES: All buildings are constructed to meet all applicable handicapped code requirements (except where noted or mobile restrooms). DELIVERY: The prefabricated facility.is shipped F.O.B.�point of nearest available manufacturer on "wide load' transportation equipment requiring a nanunally wide by 14' high improved access to final site. Sufficient access to site includes area for turning into and out of site. Potential load lengths to 65 Grades beyond 5% slope shall be considered non standard for access and may require special equipment which may be passed on to the customer as an extra cost by written change order. Restroan Facilities may perform off- loading of structure as part of site work if turn key installation is included in offer. Otherwise, off loading is perfoimrd by customer, or by transportation company. SITE PREPARATION: Owner shall provide level graded site, 95% compacted within 15' of building line, when installation is provided by -RF.• INSTAIJ&TIa`]: Optional cost turn key installation is included /not included with this offer. Restroem Facilities will lay out the site; excavate; fonn monolithic foundation with footing to local codes; complete plumbing rough in to 6' from building line; pour concrete with fine brown finish and three coats masonry sealer; strip forms; set prefabricated building on anchor chor to slab; erect privacy screens form and pour sidewalk; connect building to rough ins; set ceramic tile base and grout; rough grade excavated soils at site (or leave piled for removal by owner); and provide final clean up of facility. The final tie of r, water, and waste disposal system is 1 e au site by others. If installation by others, optional cost in slab plumbingg kit and instructions for layout may be ordered with base building. Optional cost field supervision by Restroom Facilities for installation by owner shall be available. ROUGH CARPENTRY: All exposed framing and finish lumber is 40 CCA Southern Yellow Pine (SYP) and fire treated to flame spread 25. Interior of all walls is sheathed in 1/2" water resistant high density backer board nailed and glued to studs for increased strength. All unexposed framing (wall studs plates, etc.) are 40 CCA treated SYP without fire protection. THE STRUCTURE IS SHIPPED WITHOUT A FIDOR for site installation on a pre- constructed finished concrete slab with floor drains. Modified post and beam construction utilizes a triple 2 "x10" exposed structural ridge beam that supports 4 "x6" exposed roof rafters, decked with 2 "x6" T&G Planking. FASTENING AND CONSTRUCTION: In plant fabrication allows for unique construction techniquesthat greatly enhance the rigidity and durability of the building. All woad members throughout the building are both nailed and glued at structural joints. All nails and bolts are galvanized to prevent rusting or decay. Special fasteners are provided on all our buildings for added strength and resistance to earthquake III and hurricane forces. Building can be relocated easily, if required at a future date. EXTERIOR FINISH: The exterior frame walls of the building are surfaced with 1 "x6" V- joint, ship -lap dual pressure treated SYP (.40 CCA and fire -x). All planks are layed diagonally with glue /nail construction. Corner and belt board trim shall be nominal 1' SYP. Optional cost exterior waterproofing sealer is available/included.. INTERIOR FINISH* The rugged interior wall is finished with a 3/32" continuous Class A fire- rated, high impact strength fiberglass that resists cutting, hacking or marring. The wall sheet is soft white in color, has a pebble grain texture and is glued under heat and pressure to the interior composition board sheathing. The base is 6 high ceramic tile, with flexible non porous grouting and special adhesive. The corners are 's 1 -1/2" by 1 -1/2" stainless steel. The interior fiberglass wall is non- porous to prevent liquid wastes and other organic materials fran causing a buildup of odors. All interior joints are caulked with special sealant. t. ROOF CONS RUCTTCN: The roof planking over dual pressure treated SYP 4 "x6" rafters is covered with two layers of 15 lb. felt roofing paper and surfaced with heavy weight, 25 year warranteed, nominal 300 lb. Class "A' -d r1, fiberglass shingles. SKYLIGHTS: Natural lighting is provided by vandal resistant mnbreakable built-up curb oversized skylights. The skylights are custom fabricated 1/4' translucent Lexan. The Lexan is mechanically fastened to the curbing with stainless steel screws and stainless angles and the curbing is flashed to the roof with continuous soldered 20 oz. copper flashing. DOORS AND FRAMES: The exterior doors and jambs are custom fabricated, 2" heavy duty .40 CCA pressure treated, and fire -x Southern Yellow Pine wood plank. This door is equipped with heavy duty vandal resistant locks, custom fabricated heavy duty stainless steel hasps and continuous non-lubricating gear type hinges. vow:R PRIVACY SCREENS: 4 "x6" 40 CCA pressure treated Southern Yellow Pine posts are anchored to ground, stainless steel "C' channels are fastened to receive 2 "x6" V- joint, T G, dual pressure treated SYP (.40 CCA and fire x) horizontal planks. Tops and bottoms of posts and horizontal planking shall receive wood SYP dual pressure treated 4 "x6" plank cap. VENTILATION: Oversized ventilation openings are covered with both 16 gauge galvanized steel mesh and fiberglass insect screen; which allows an air flow rate of 4.4 CM ,per sq. ft. nominal (3 CPM standard for most codes). Increased ventilation through mechanical fans is optional HVAC is optional. Food blocks for winterization are optional. n r. PLUMBING: Plumbing installed in the building at the manufacturers plant includes, PVC waste and vent piping; type L hard copper water piping (except in covered walls where poly- butylene unbreakable piping and fittings used), vitreous china water closets and urinals, and cast iron enameled finish lays. Water supply in utility roan consists of a main shut off valve, and hose bibb with vacuum breaker and isolation valves for each fixture. Optional cost plumbing items to be shipped to the site in kit form for field installation ,•.include cast iron or PVC below grade waste and vent piping, floor drains with traps, and type L copper water service piping in PVC sleeve. Cast Iron OW in building is optional. Optional water source pit available for easier winterization. A plumbing combo of pressure reducing valve, cast water filter, and dual water pressure guages is included in base buildi r r ng• F S TL. ��'v 0'1 a, 7 d .,n r. j x. r j.j� 'LET ROOM ACCESSORIES: All accessories are designed to resist vandalism and each toilet room is equfp with two grab bars for the handicapped, two roll type toilet paper holders per water closet and baked enane Toilet partitions hung with continuous stainless steel Chnels Optional cost poly or stainless r partiti C' an ons available. s� ,,i0, yy ,,vv k• '3" r f a 3 r; °7 w A A' r trsunr i15�•' +t,� S 'o L'" s P+cRw jp c SPECIAL. NILE: THIS PRODUCT IS A 90LE SOURCE /TEM WHICH MDER M4NY EXISTING GOVERMENT LARS S _�VVpI� DIRECT ACQUISITION. PRODUCT AVAILABLE 10 QUALIFIED AGENCIES UNDER GSA SCHEDULE. CONTACT US KR DETAILS. te`.., .s. 3 -1 4 M 4' •Y;';' Y ;Sft� 5 '?�:ie r ELECTRICAL: Ranex MEM CGonduit Overhead Service Mast /MET PARTITIONS: Moly:Be/ge3 Stainless Steel TOILET PARTITION DOORS: Baked Enamel 22 guage steel with bonded baked enamel finish. `'Poly-Beigd !Nominal 1" thick poly./ Stainless S Steel Naninal stainless steel. ROOF DESIGN: Stepped Covered Entry Roof shall be available only on base building when shower module or other modules are added to either end of standard model. Step-up shall be nominal 4 Covered Entry shall include full roof extension to minimum height of 6'8" from exterior of privacy screen to fascia board. Roof extension shall be stepped at fascia board nominally 4 Covered Entry W /Trellis Shall include 2'x6' trellis extension, exterior fascia board from a privacy screen to edge of privacy screen. Balance of covered entry over privacy screen area shall be same as above. Trellis Only Flhll trellis on building from edge of privacy screen to edge of privacy screen to specifications as above. ROOF FINISH: .,_.A I t1 tClass B Medium Shakes rriretreated Class B•roof hand split cedar shake;'laid 10 ,to weather,•color- "natural Class B Perfections Firetreated Class B cedar perfections laid 7" to weather, color natural. Standard Medium Shakes Untreated roof hand split cedar shingles, laid 10" to weather, color natural. Standard Perfections Untreated roof hand split cedar shingles, aid 7" to weather, color natural. California Tile .Installed over 90 lb. asphalt paper (field installed). Flat Hot Tar 4 ply felt and hot tar mop roof. Flat Membrane Single ply welded seam nembane. Standing Seam Metal Natural 12" standing sean'22 guage baked EXTERIOR FINISH: Waterproofing /Clear Stain INSULATION /ROOF WALLS: Wells H -1J. Roor Rrgi R -19 Roof Rigid R -30 NOTE: SIDING: Perfection "Class B" Shakes Clapboard Cedar 3/4" x 8" EXTERIOR MASONRY: Stucco /Veneer Stucco /Field Brick Slump Block Stone Veneer /Full HEAT: WOOD BIDCR/VFNT COVERS: STANDARD OPTIONS OPTIONS CHECKED BELOW SHALL CORRESPOND 10 WRITTEN (ZONATION ATTACHED HERETO All wiring shall be installed thrwhout the building in Romex /copper cable. A11,wir exposed and in walls shall be�eonper re;;plastic, costed,..nnlled [hrough�� o.. .,standdard "III. tubing corinecEorg: When overhead reservice required, a rigid galvanized 2" pipe properly flashed to roof will be sent as a field installed piece of equipment. *min g. 1" tick poly nt paititions aid�1=1 /4" pilasters cusn ca VChannels with�v l,proof screws "in color beige or..other. a moun[,ed on= aluui vailable- decorator colic': 'Nominal 1" continuous stainless steel mounted on continuous stainless C Channel with vandal proof screws. enamel. Untreated hand split cedar shakes. Beveled Cedar siding ready for exterior stain or waterproofing. Unfiretreated. Factory installed 1/4" nominal stucco /epoxy finish over plywood or fiberboard base. Color shall be white unless specified other. Field installed standard 3 coat system over wire mesh. Site installed 2- 1/2 "x4 "x8" fired brick in standard locally available color selected by owner. Nominal mortar joint 1/2". Site installed 3 "x4 "x16" standard color slump block with nominal 3/4" motar joint. Factory installed with 1/2" or 3/4" mortar joints and epoxy adhesives to exterior sheathing. 2 coats nominal to saturation of exterior organic water seal. Olympic standard OVT stain in standard color selected by owner. Single color on exterior of building only. Trim accent color shall be extra cost. Hgaatt t /n.fibe g1 B insu1ati Insulator spu nominal T 2 I1L rigid ure one with 1/2 mailable sheathing. Urethane nominal 4” with rigid nailable sheathing board. Heat shall be through the wall resistance heating fan forced to nominal 50 interior temperature. When temperature requirement is higher an extra cost shall be added. Wood blocks shall be mounted in between rafter space at eave line to seal wind from structure in cold weather. UNDERGROUND KITS: +Plus ichg ICit i I'� Cast _iron underslab.,plumb' with ..all..r hub connections:, sleevesFai 1 collarar, L c 'Partially assembled. L ecut �d 'part Plumbing Kit -PVC All solvent welded joint, PVC components. Underground electrical sleeve nominal 1 -1/2" PVC sleeve to 6' from building with cap. MULES: EXPANDED CHASE [2'- 4'- 6' -8'1: Shall be sized per plan. interior finish shall be 3/8" to 5/8" composition board. Optional roll up door shall be 8' x 7' galvanized steel. Optional floor dram available. SHOWER MDULE S-2 [8']: Add on shower module with one shower each men's and women's. Changing bench shall be pressure treated wood plank per plan. Interior finish is same as restroom. MODULE S-4 [16']: Add on shower module with two showers each men's and women s. "Changing bench shall be oressure treated wood plank per plan. Interior finish is sae as restroam. g0WER M)DULE S-6 [22']: Add on shower nodule with three showers each men's and women's. Changing bench shall be pressure treated wood plank per plan. Interior finish is sae as restroan. CONCESSION CO R/DO3R[6' -10']: Galvanized roll up door on galvanized c-channel tracks, lockable from interior Counter shall be stainless steel over wood 2" nominal plank. Interior is same as restroom. FIRST AID MODULES [10']: Shall be per plan with interior surfaced in seashore driftwood paneling, with vinyl, floor base. Window shall be 1/2" insulating glass sliding type with bronze -tone aluminum frame and screen. STORAGE ROOM (8' -12'1: .Shall be per plan. Interior finish shall be 1/2" composition. Optional roll up OFFICE MODULE 412'1: ga SShall z b be e per with interior surfaced in seashore driftwood paneling, with vinyl .floor base. Window shall be 1/2" insulating. glass sliding type with bronze -tone aluminum frame and screen. '=L LAUNDRY MDU[E [10']: Fiberglass wall finish, tile base, and hook -ups for 2 washers and 2 driers. BOX COUNIER/SHELTER DOORS: Catoositicn board counter, finished in Polvurethene. Shelter door texture 1 -11 exterior over wood frame mounted on continuous gear hinges and secured with slide bolts on interior. is Access to press box shall be by interior wood ladder. Safety trap door shall be same as floor surface in pres s box. S q CHANGE [10'] no sane as s as shower roan, interior finish same as restroan. f T' �H Revised '06 /27/84 tY Rtestro m Faeiltles -1984 .A DIVISION OF ounocCORPORNTION TERMS OF PAYMENT Terms of payment are as follows: 1. STRUCTURE One Hundred per cent (100 of structure shall be invoiced upon shipment from factory. Buyer's appointed representative shall provide for acceptance of structure in accordance with approved plans and..specifications submittal. If buyer chooses to inspect structure at site after delivery, the Company warrants structure shall be in compliance with said specifications and plans or al- low deduction of any items found in deficiency. In the event payment is not made with the above terms, and final payment not received within thirty (30) days from date of in- voice, an interest charge on the outstanding balance shall be added to the contract balance at the rate of 1 1/2% per month on the outstanding amount until paid. DISCOUNT TERMS: 2 -10 net 30 days F.O.B. factory. Date of shipment shall be via Commercial Bill of Lading via commercial carrier. 2 A. SITEWORK If part of Company's offer to sell, site work shall be invoiced upon completion and acceptance by authorized agent for customer in accordance with plans and specifications approved with pur- chase order. DISCOUNT TERMS: 2%-10 net 30 days. 2 B. CHANGE ORDERS SITEWORK Any additional sitework required by customer beyond and in addition to what is described in the attachment labeled Scope of Work Division 002, Sitework, shall be invoiced as follows, if performed at the same time as base project: A. Direct subcontractor cost plus 15% overhead and 10% profit. B. Any additional RF personnel site workman days at $275.00 per day labor plus materials at 15% overhead and 10% profit, plus per diem of $47.50 /day. 3. FREIGHT Via Commercial Bill of Lading and properly supported freight invoice upon delivery to site. Freight invoices are not subject to discount. °1985, Restroom Facilites, A Division of Intexx Corporation U. S. Patent 4,485,608 Rev. 030485 4,573,292 NOTE These Standard Terms and'Condltions of Sale shall apply and form a parr of the lompany's offer to sell. CUSTOMER ACCEPTANCE: Unless otherwise expressly stated herein, this offer to sell supersedes all previous quotations and agreements relating to this transaction and shall expire in accordance with the Company's offer to sail, which Is attached hereto, unless accepted by purchaser prior thereto. COMPANY ACCEPTANCE: All orders. will be accepted by the Company only at 560 East Plumb Lane, Reno. Nevada 89502 in accordance with the Laws of the State of Nevada. All orders are subject to review by the Company, in accordance with the Company's offer to sell before final acceptance Is authorized. DELIVERY: Except as may be otherwise specified in the attached offer, delivery will be F.O.B. point of manufacture. Time of delivery is an estimate only and is based uoon the receipt of all Information necessary for approvals. The Company shall,_ in no event, be liable for delays caused by fires, acts of God. strikes, labor dtfticulties, acts of Government or military, delays in transportation or procurement of materials, or causes of any kind beyond the Company's immediate control. WARRANTY: All Structures and equipment produced by the Company are warranteed to the purchaser to be tee rrcm defects in material, workmanship and title. When the Company participates in sitework installation or sitework supervision, the Company will replace or repair, at its option, defects In workmanship or any parr which is proven defective within five years from delivery. When the Company does not participate in sitework or sitework supervision, the Company will replace or repair, at its option, defects in workmanship or any part which is proven detective within one year from delivery. This warranty applies only where the Company has been notified. in writing, of the detect within the warranty period and where any equipment has been properly operated and maintained in accordance with the Company's Instructions; the Company having no responsibility for abuse, neglect or improper storage. The Company assigns any and all warranties for fixtures, appliances, and other equipment manufactured by others to Said other manufacturer. The foregoing shall constitute the sole liability of the Company and the sole remedy to the purchaser. Company's warranties as set forth in this paradrapn are exclusive and are in Ileu of, and purchaser heresy waives, all otner warranties, expressed or implied, including without m on, any implied warranties of merchantability and fitness. PRICES: All prices exclude sale, manufacture, sale, use or delivery, certificate is furnished, or unless I local building fees are not part of which is attached hereto. All prices attached hereto, unless superseded by CREDIT: If any proceedings are instituted by or against buyer under any bankruptcy or insolvency Judgment, or buyer's financial situation justifies sucn action, the Company may, at its election, require payment in advance or cancel the order as to any unshipped item and require payment of its reasonable .cancellation charges. If the buyer delays completion of manufacture, the Company may elect to require payment according to percentage of completion. Equipment held for buyer shall be at buyer's risk and expense. In the event of default of the buyer, the Company shall demand the full amount due and be entitled to its reasonable attorney's fees, costs, and expenses. TITLE AND LIEN RIGHTS: All structures and equipment remain the personal property of the Company whether or not affixed to any other real property or structure, until the price (Including any notes given there fore) of the equipment has been fully paid In cash. The Company shall, in the event of the purchaser's default, have the right to enter upon any premises and repossess such structures and equipment wherever it may be located. PATENT INFRINGEMENT: If promptly notified and given an opportunity to do so with friendly assistance, the Company will defend the buyer and the ultimate user of the equipment from any actual or alleged Infringement of published United States patent on the equipment or any part thereof furnished, pursuant nereto (other than part of any special design, construction, or manufacture specified by and originating with the customer), and will pay all damages and costs awarded by a competent court in any Suit, thus defended or of which it shall have had notice and an opportunity to defend aforesaid. LACHES: Failure of the Company to exercise any right or remedy under this contract shall not be deemed a waiver of sucn right, nor shall any' lien or other right of the Company be lost or Impaired by lacnes or In any manner or by any act or failure to act. LIMITATION OF LIABILITY: Under no circumstances, unless stated in our offer to sell or bid, shall the Co-any have any liability for liquidated damages or for collateral, consequential or special damages or for loss of profits, or for actual losses or for loss of production or progress of construction, wnerner resulting from delays In delivery or performance, breach of warranty, claims of or negligent manufacture or otherwise. The aggregate total liability of the Company under the contract, whether for breach of warranty or otherwise, snail in no event exceed the contract price. Buyer agrees to indemnify and hold harmless the Company from all claims oy third parties which extend beyond the foregoing limitations on the Company's liability. STANDARD TERNS AND CONDITIONS OF SALE ALTERATION OF TERMS: None of the Terms and Conditions conta modified, superseded or otherwise altered except by a written Company and delivered by the Company to the buyer, and each shi deemed to be only under the Terms and Conditions contained in Terms and Conditions that may be contained in any purchase notwithstanding the shipment, acceptance of payment or similar cRESTROCM FACILITIES, A DIVISION OF INTEXX CORPORATION PATENT 04,485,608 040385 4,573,292 use, occupation, license, excise, all of which shall be paid by the isted in the Company's offer to sel the Company's offer unless stated are valid for 30 days from date of contract or revised price list. and other taxes In respect of buyer unless a proper exemption I, whicn I5 attached hereto. All in the Company's offer to sell, Company's offer to sell, which i5 Ined in this quotation may be added to, instrument signed by the president of the pment to buyer from the Company shall be this offer to sell, notwithstanding any order or other form of the buyer and act of the Company.