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Home My WebLink AboutRES NO 035-2023035-2023 RESOLUTION NO. A RESOLUTION DETERMINING THAT REPAIRS TO STREETS DIVISION'S ASPHALT PAVER CANNOT BE REASONABLY OBTAINED THROUGH THE USUAL BIDDING PROCEDURES AND AUTHORIZING THE FINANCE DIRECTOR TO DISPENSE WITH BIDDING DUE TO URGENT NECESSITY FOR PRESERVATION OF PROPERTY, NOT TO EXCEED $130,000. WHEREAS, on January 12, 2023 a 2016 asphalt paver, equipment number 4290, was reported by the using department as malfunctioning; and WHEREAS, after inspection it was determined that the asphalt paver needed major repairs; and WHEREAS, a work order invoice was submitted by Quinn Company, detailing the parts and labor needed to bring the equipment back into proper working order, attached hereto and incorporated by reference herein as Exhibit A; and WHEREAS, the repairs have been determined to be of urgent necessity as the asphalt paver is essential for City operations to repair City streets for the preservation of property; and WHEREAS, the Public Works Director recommends the Council to dispense with bidding requirements, in accordance with subsection D.4 of Section 3.20.060 of the Bakersfield Municipal Code. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The above recitals are true and correct and incorporated herein by reference. 2. Based on the facts included in the above recitals, the work, supplies, equipment, and materials to successfully repair the asphalt paver is necessary to preserve property. 3. The Finance Director is authorized to dispense with bidding in accordance with subsection DA of Section 3.20.060 of the Bakersfield Municipal Code. 4. The expenditure of funds for said work and equipment shall not exceed One Hundred Thirty Thousand Dollars ($130,000). F0AKF9 Page 1 o s, oOniniNA I o 5. The City Clerk shall attest and certify to The passage and adoption of this Resolution and it shall become effective immediately upon its approval. 1 HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on MAR 2 2 2023 by the following vote: SAVES) NOES: ABSTAIN: ABSENT: ✓ I I ✓ ✓ ✓ COUNCBMEMBER ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, KAUR COUNCILMEMBER J LIE DRIMAKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of APPROVED: MAR 2 2 2023 Bakersfield By 1 KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY By ASHLEY BRANO DeputV,City Attorney II eNxFa o s, Pagem 2 "OR!GINA!.o INN M CITY OF BAKERSFIELD P O E 6555 1501 TRUXTUN AVE RAKFRSFIFI D 93301-5901 EXHIBIT A Quote No: 117134 -1 CUSTOMER NO. QUOTE NO. DATE I CONTACT 046100 117134 2/16/2023 ADAN CUEVAS PHONE NO. FAX NO. I EMAIL levenson(cDquinncompany.com MODEL MAKE SERIAL NO. AP655F AA OMH600233 UNIT NO. HOURS WO NO. P.O. NO, 4290 6034 SEGMENT: 01 CLEAN & INSPECT MACHINE NOTES: Parts Part Number Description Qty Unit Price Ext Price Total Estimated Parts: 1.00 Labor Oty Unit Price Ext Price Total Estimated Labor: 1,264.00 Labor Summary Mlsc Item Number Description Qty Unit Price Discount/6 Ext Price Total Estimated Misc: 30.00 Ot Total: 1,295.00 SEGMENT: 02 REMOVE & INSTALL FEED CONVEYOR GEAR BOX NOTES: FEEDER HEAD SHAFT REBUILD KIT Parts Part Number Description Qty Unit Price Ext Price 4756232 KT FDR SHIFT 1 5,125.83 5,125.83 Total Estimated Parts: 5,125.83 Labor Qty, Unit Price Ext Price 12 159.00 1,908.00 Total Estimated Labor: 1,908.00 Labor Summary Segment 02 Total: 7 O `m � m CITY OF BAKERSFIELD 117134-1 Pag615 ORIGINAL SEGMENT: 03 REMOVE & INSTALL FEED CHAINS NOTES: FEEDER CHAINS KIT Parts Part Number Description Qty Unit Price Ext Price 5763701 FDR CHIN GP 1 12,179.95 12,179.95 Total Estimated Parts: 12,179.95 Labor Qty Unit Price Ext Price 8 159.00 1,272.00 Total Estimated Labor: 1,272.00 Labor Summary Segment 03 Total: 13,451.95 SEGMENT: 04 REMOVE& INSTALL FEED SPROCKET NOTES: FEEDER FOOT SHAFT KIT Parts Part Number Description Qty Unit Price Ext Prim 4756231 KIT FDR SHIFT 2 1,534.62 3,069.24 Total Estimated Parts: 3,069.24 Labor Qty Unit Price Ext Price 12 159.00 1,908.00 Total Estimated Labor: 1,908.00 Labor Summary Segment 04 Total: 4,977.24 SEGMENT: 05 REMOVE& INSTALL FLOORPLATE NOTES: FEEDER BED PLATES Parts Part Number Description Qty Unit Price Ext Price 6100659 FEEDER KT PL 1 4,252.44 4,252.44 Total Estimated Parts: 4,252.44 Labor Qty Unit Price Ext Price 12 159.00 1,908.00 Total Estimated Labor: 1,908.00 Labor Summary Segment 05 Total: 6,160.44 SEGMENT: 06 REMOVE & INSTALL GUARD NOTES: DEFLECTOR KIT - CORNERS ARE WORN OUT AND RH SIDE IS DAMAGED lowfi'Lely 7c1S�Ulyae > 1rt ORIGINALS 117134 - 1 Page 2 Parts Part Number Description Qty Unit Price Ext Price 1293180 LOCKNUT 24 1.35 32.40 3429917 BOLT -FLANGE 8 6.65 53.20 4158167 PLATE 1 19.27 19.27 4158168 PLATE 1 2.64 2.64 4168177 COVER 1 44.10 44.10 4796661 SETSCREW 6 22.93 137.58 4969963 DEFLECTOR AS 1 1,171.56 1,171.56 4969964 DEFLECTOR AS 1 1,221.13 1,221.13 5524581 PLATE AS-RH 1 815.18 815.18 5524588 COVER AS-RH 1 993.16 993.16 5524594 PLATE AS-LH 1 831.36 831.36 5524601 COVER AS-LH 1 993.16 993.16 5P1076 WASHER 24 1.71 41.04 Total Estimated Parts: 6,355.78 Labor Qty Unit Price Ent Price 8 159.00 1,272.00 Total Estimated Labor: 1,272.00 Labor Summary Segment 06 Total: 7,627.78 SEGMENT: 07 REMV, TEST, ADJ, INSTALL HYD PUMP MOTOR FIELD NOTES: REPLACE VALVE FOR TRACKING OF MACHINE TO STOP ONE SIDE OF RUNNING FASTER THAN THE OTHER SIDE Parts Part Number Description Qty Unit Price Ext Price 2298393 VALVE KIT 1 502.59 502.59 Total Estimated Parts: 502.59 Labor Qty Unit Price Ext Price 10 159.00 1,590.00 Total Estimated Labor: 1,590.00 Labor Summary Segment 07 Total: 2,092.59 SEGMENT: 08 REMOVE REPAIR & INSTALL APRON CYLINDER NOTES: REPLACE OR RESEAL BOTH HOPPER CYLINDERS AND APRON CYLINDER Parts Part Number Description Qty Unit Price 2762179 KIT -SEAL 2 116.84 3B4629 COTTER PIN 6 0.35 4461389 KIT SEAL 1 4.71 4465509 KIT NUT 1 1.83 CITY OF BAKERSFIELD 117134 - 1 Ext Price 233.68 2.10 4.71 1o8OAK"? > m 0 Page 3 3OgIGINO!. 4465511 ORIFICE 1 11.15 11.15 5273550 KIT SEAL 1 36.41 36.41 5607045 CYLINDER GP- 1 348.85 348.85 5607045 CYLINDER GP- 1 348.85 348.85 5856679 CYLINDER GP- 1 3,963.91 3,963.91 Total Estimated Parts: 4,951.49 Labor oty Unit Price Ext Price 6 159.00 954.00 Total Estimated Labor: 954.00 Labor Summary Segment 08 Total: 5,905.49 SEGMENT: 09 ADJUST HOPPER NOTES: ADJUST FRONT HOPPER ROLLERS Parts Part Number Description Qty Unit Price Ent Price Total Estimated Parts: 150.00 Labor City Unit Price Ext Price 2 159.00 318.00 Total Estimated Labor: 318.00 Labor Summary Senment 09 Total: 468.00 SEGMENT: 10 REPAIR FLASHING NOTES: Parts Part Number Description city Unit Price Ext Price 2592627 BOLT 6 1.87 11.22 2838414 PLATE 2 52.92 105.84 3293356 NUT -HEX 14 0.77 10.78 3293356 NUT -HEX 14 0.77 10.78 4224545 PLATE 2 52.90 105.80 4244218 FLASHING 2 298.31 596.62 4250583 PLATE 2 92.72 185.44 4288464 FLASHING 2 131.53 263.06 4340008 PLATE 2 69.58 139.16 4340025 PLATE 1 140.59 140.59 4340054 FLASHING 2 820.25 1,640.50 4509474 SCREW -BUTTON 17 6.53 111.01 4602966 FLASHING 2 638.80 1,277.60 4761942 FLASHING 1 277.09 277.09 7XO618 WASHER 16 3.66 58.56 7XO618 WASHER 8 3.66 29.28 8T4223 WASHER 10 0.95 9.50 gAKF,➢ O `r. CITY OF BAKERSFIELD 117134 - 1 Page 4 OORIGINO 8T4223 WASHER 6 0.95 5.70 BT4910 BOLT 8 2.42 19.36 BT4910 BOLT 14 2.42 33.88 Total Estimated Parts: 5,031.77 Labor Qty Unit Price Ext Price 10 159.00 1,590.00 Total Estimated Labor: 1,590.00 Labor Summary Seqment 10 Total: 6,621.77 SEGMENT: 11 REPLACE SCREED CONTROL NOTES: Parts Part Number Description Qty Unit Price Ent Price 4756349 HARNESS AS 1 236.51 236.51 5472369 CONT GP-SCRE 2 446.68 893.36 5510884 HARNESS AS 2 300.04 600.08 Total Estimated Parts: 1,729.95 Labor Summary Segment 11 Total: SEGMENT: 12 REPAIR SCREED EXTENSION NOTES: SENSOR SONIC HARNESSES Parts Part Number Description Qty Unit Price Ext Price 0338248 CLIP 2 3.32 6.64 4756349 HARNESS AS 2 236.51 473.02 61R4365 CLAMP A 2 142.62 285.24 7K1181 STRAP CABLE 6 0.49 2.94 Total Estimated Parts: 767.84 Labor Qty Unit Price Ext Price 8 159.00 1,272.00 Total Estimated Labor: 1,272.00 Labor Summary Segment 12 Total: 2,039.84 SEGMENT: 13 REMOVE B INSTALL CATWALK NOTES: Parts Part Number Description Qty Unit Price Ext Price 5517472 WALKWAY AS-M 1 2,680.57 2,680.57 5517474 WALKWAY AS-E 1 1,800.70 1,800.70 Total Estimated Parts: 4,481.27 OpKf 9s o`` CITY OF BAKERSFIELD 117134 - 1 m Page a_ VORIGINAL Labor Labor Summary oty Unit Price Ext Price 6 159.00 954.00 Total Estimated Labor: 954.00 13 Total: 5,435.27 SEGMENT: 14 REPLACE DECK SCALE NOTES: REPLACE MISSING DEPTH SCALE Parts Part Number Description Oty Unit Price Ext Price 1948186 PLATE AS 2 167.74 335.48 3065153 BRACKET 1 46.20 46.20 4303918 PLATE -SCALE 2 89.61 179.22 4418458 ROD AS-RH 1 185.03 185.03 5C2874 NUT 4 0.17 0.68 5C2874 NUT 4 0.17 0.68 5C7261 NUT 4 0.27 1.08 6178475 PLATE 4 28.65 114.60 7Y7388 SCREW 4 2.20 8.80 7Y7388 SCREW 4 2.20 8.80 8T0328 WASHER 4 0.26 1.04 8T0328 WASHER 4 0.26 1.04 8T4179 BOLT 4 0.87 3.48 8T4223 WASHER 8 0.95 7.60 BT4224 WASHER 6 0.45 2.70 Total Estimated Parts: 896.43 Labor Gty Unit Price Ext Price 6 159.00 954.00 Total Estimated Labor: 954.00 Labor Summary Segment 14 Total: 1,850.43 SEGMENT: 15 REMOVE & INSTALL SCREED WEAR PLATE NOTES: SCREED PLATES HAVE HOLES AND THE BACK EDGE IS GONE Parts Part Number Description Dry Unit Price Ext Price 2564556 SPRING 8 201.33 1,610.64 2580735 SPRING 4 59.08 236.32 3445675 NUT -HEX 12 0.52 6.24 4374469 BAR -NOSE (MA 2 293.44 586.88 4381091 BAR -NOSE (MA 1 188.84 188.84 4381092 BAR -NOSE (EX 2 369.69 739.38 4394436 COVER -RUBBER 1 184.78 184.78 F gAK1c9 0lp CITY OF BAKERSFIELD 117134 - 1 Page c' ORIGINAI" 4394437 COVER -RUBBER 1 149.71 149.71 4675977 WIRE AS GROU 2 30.44 60.88 4691708 HOLDDOWN AS- 2 72.39 144.78 4780946 COVER 1 98.87 98.87 4858483 SHIM 10 2.19 21.90 4883827 KIT PLT SCR 1 6,841.69 6,841.69 4993590 SHOE AS-RH 1 927.31 927.31 4993591 SHOE AS-LH 1 874.57 874.57 5595531 HEATER AS 2 822.12 1,644.24 5595532 HEATER AS 2 987.75 1,975.50 5595553 HEATERAS 2 798.90 1,597.80 5P1275 WIRE LOCK 42 0.21 8.82 7XO515 WASHER 22 2.49 54.78 7X7729 WASHER 8 1.05 8.40 8T0389 NUT 8 1.82 14.56 8T4132 NUT 4 1.67 6.68 8T4137 BOLT 22 0.61 13.42 8T4186 BOLT 12 1.11 13.32 8T4191 BOLT 4 0.53 2.12 8T4193 BOLT 10 3.55 35.50 BT4222 WASHER 8 1.40 11.20 Total Estimated Parts: 18,059.13 Labor 61tY Unit Price Ext Price 24 159.00 3,816.00 Total Estimated Labor: 3,816.00 Labor Summary Segment 15 Total: 21,875.13 SEGMENT: 16 REPLACE SCREED JACK NOTES: ALL 4 JACKS ARE BROKEN AND DEPT PLATES Parts Part Number Description Qty Unit Price Ext Price 4991424 ACTUATOR GP 4 610.15 2,440.60 Total Estimated Parts: 0.00 Labor pry Unit Price Ext Price 6 159.00 954.00 Total Estimated Labor: 954.00 Labor Summary Segment 16 Total: 954.00 SEGMENT: 17 REPAIR COOLANT NOTES: POSSIBLE WATER PUMP LEAKING COOLANT Parts o``OAKFa� CITY OF BAKERSFIELD 117134 - 1 Page 7 'OP1C!NAL Part Number Description Dry Unit Price Ext Price Total Estimated Parts: 750.00 Labor pty Unit Price Ext Price Total Estimated Labor: 948.00 Labor Summary Segment 17 Total: 1,698.00 SEGMENT: 18 REMV, TEST, ADJ, INSTALL FAULT CODE NOTES: FUEL RAIL PRESSURE CODES AND LOW INTAKE MANIFOLD PRESSURE CODES DIAGNOSE Parts Part Number Description Dty Unit Price Ext Price Total Estimated Parts: 1,200.00 Labor Qty Unit Price Ext Price Total Estimated Labor: 1,590.00 Labor Summary Segment 18 Total: 2,790.00 SEGMENT: 19 REMOVE & INSTALL DRIVE WHEEL NOTES: RH LH DRIVE WHEELS MISSING RUBBER Parts Part Number Description Oty Unit Price Ext Price 20R7506 WHEEL AS 1 2,643.68 2,643.68 20R7507 WHEEL AS 1 2,447.98 2,447.98 Total Estimated Parts: 5,091.66 Labor pty Unit Price Ext Price 12 159.00 1,908.00 Total Estimated Labor: 1,908.00 Labor Summary Segment 19 Total: 6,999.66 SEGMENT: 20 REPAIR BOGIE SUSPENSION NOTES: REPAIR EXCESSIVE PLAY ON BOGIE FRAME Parts Part Number Description Dty Unit Price Ext Price 1802628 PINAS 1 235.77 235.77 5637370 BEARING-SLEE 1 163.77 163.77 7K9203 SEAL 2 9.38 18.76 Total Estimated Parts: 418.30 Labor o``BAKPas CITY OF BAKERSFIELD 117134 - 1 Page 830R!GINAl6 Qty Unit Price Ext Price 10 159.00 1,590.00 Total Estimated Labor: 1,590.00 Labor Summary 20 Total: 2,008.30 SEGMENT: 21 REPLACE WORK LIGHT(S) NOTES: ALL LIGHTS NOT WORKING Parts Pail Number Description Dty Unit Price Ext Price 4237846 BRACKET 2 76.98 153.96 6012214 LAMP GP-FLOO 4 477.44 1,909.76 Total Estimated Parts: 2,063.72 Labor Qty Unit Price Ext Price 6 159.00 954.00 Total Estimated Labor: 954.00 Labor Summary Segment 21 Total: 3,017.72 SEGMENT: 22 REMV RECONDITION & INSTL RADIATOR NOTES: RADIATOR IS PLUGGED - HAS CODES FOR OVERHEATS Parts Part Number Description Qty Unit Price Ext Price Total Estimated Parts: 2,000.00 Labor Qty Unit Price Ext Price Total Estimated Labor: 3,816.00 Labor Summary Segment 22 Total: 5,816.00 SEGMENT: 23 REPAIR ENGINE OIL PAN NOTES: ENGINE OIL PAN IS LEAKING OR FRONT COVER IS LEAKING Parts Part Number Description Qty Unit Price Ext Price Total Estimated Parts: 500.00 Labor oty Unit Price Ext Price Total Estimated Labor: 3,816.00 Labor Summary Segment 23 Total: 4,316.00 oFe�N CITY OF BAKERSFIELD 117134 -1 Page 9'OPIGINk Total Segments: 116,164.40 SUB TOTAL (BEFORE TAXES) 116,164.39 THIS ESTIMATE IS BASED ON LABOR RATES, PARTS PRICES, AND CONDITIONOF MEMACHINE EXISTING ON THE DATEOF THE ESTIMATE INDICATED ABOVE THE CUSTOMER WILL BE INFORMED OFANYREVISIONS IN LABOR RATES, PARTS PRICES OR ADDITIONAL WORK REQUIRED BEFORE ME WORK IS STARTED. UNLESS OTHERWISE SPECIFIED, THIS ESTIMATE DOES NOT INCLUDE TRAVEL TIME AND MILEAGE, FREIGHT, SHIPPING CHARGES, ENVIRONMENTAL FEE OR TAXES WHERE APPLICABLE. THIS ESTIMATE IS EFFECTIVE FOR 30 DAYS FROM THE DATE INDICATED ABOVE. ESTIMATED REPAIR TIME: from start date Thank you for giving QUINN the opportunity to quote your servlca repair options. My Signature below Indicates I have mad, understand and agree with the attached terms and conditions. Issued PON: Authorized Name Date_/ / (Signature) Prepared! by, LaLa Evanson Phonw 6619782516 E I' AO C Fa. �gPKf,, 0 .d, > m CITY OF BAKERSFIELD 117134 - 1 Page ZORIGINALo Quinn Service Repair Terms and Conditions 1. Acceptance of Order. This Serviw Repair Estimate is for Customer's information only and is not a valid estimate for services unless signed by an authorized representative of Customer in the place provided on the face of this Service Repair Estimate. Prices, schedules and the scope atwork on this Service Repair Estimate are subject to change at Quinn's discretion. 2. Changes In Service Work. Customer may request changes In Bs requirements for service repairs. Such changes will require a separate Service Repair Estimate signed by an authorized represerwive of Customer. 3. Termination Of Service Work. Any order accepted by Customer may be terminated prior to completion by Customer only upon written notice to Quinn, and Payment of Quinn's termination charges which may include, but not be limited to, payment for service labor provided and parts restocking charges. hereby 'fi INall such dalms Any daims against Quinn for shortages in shipments shall be matte in writing to Quinn within five (5) days of receipt of shipment by Customer. Quinn shall not be liable for any delays in performing any services or delivering any goods in whole or in part attributable to strikes, labor disputes, lockouts, accidents, fires, data" in manufacture or in transportation, delays in delivery 0 component materials, floods, severe weather, or Acts of God, embargoes, governmental actions, or any other cause beyond the reasonable control of Quinn. Customer agrees to indemnify, defend, and hold Quinn harmless from and against any and all claims, suits, actions, proceedings, losses, liabilities, damages, expenses, and costs Including attomeys fees, arising from or in any manner connected with use or misuse of the serviced equipment, or from the lack of Customers ongoing maintenance as required by me manufadurens), except to the extent caused by Quinn's We negligence or intentional misconduct. 5. Taxes. Unless expressly stated, Quinn's prices do not include sales, use, excise or similar taxes. The amount of any applicable tax shall be paid by Customer as an additonal charge unless specifically included in any Service Repair Estmate accepted by Customer, or in lieu thereof, the Customer shall provide Quinn with a tax exemption certificate acceptable to Me taxing aumoni B. Terms. Terns are cash unless credit is approved. With credit approval terms of payment are net by Me 10th day of the month following invoice date. A finance charge of 1.5% per month (not to exceed the maximum allowed by law) will be charged on all past due invoices. The past due balance represents all charges unpaid on the last business day of the month following invoice date. In the event of default in Me payment of any amount due, and if the account is placed In the hands of any agency or attorney for collection w legal action, Customer agrees to pay both the finance charges and the costs of colecton (as permitted by laws governing these transactions). Quinn retains We to merchandise until receipt of good funds. When applicable. Quinn will invoke its repairman's lien under Calttomm Civil Code Sections 3051 and 3051 a. 7. Part Used for Repairs. Back cotters will be processed as soon as available. Part number changes may be matte to provide latest improved interchangeable pads. Any freight charges incurred are at customer expense. We accept pads purchased from us for return credit less applicable restocking charges policy available from the parts department Returned parts must be in saleable condition and accompanied by the original invoice receipt. We extend the parts return policy to you as a voluntary service. We reserve the right to cancel or modify all or any portions of the parts return policy without prior notice and to reject any parts the customer attempts to return. B. WartanUes. Limited Parts Warrant: Except for Caterpillar batteries, service tools, ground engaging tools, Caterpillar tires, or non -Caterpillar parts which are covered under separate limited warranties, we warrant new Cati illar parts sold by us to be free from defects In materials and workmanship subject M the following provisions. During the first six months after purchase of the part by the initial user. We will, as an exclusive remedy, provide a new pad or a repaired part, whichever we elect, in place of any part which in our sole judgment is found to W defective in material or workmanship. Such part will be provided without charges to you during normal working hours at our place of business, provided that the defective pad is returned to our place of business. Any replacement part provided under the terms of this warranty is warranted for the remainder of the warranty period applicable to the pad which it replaces. Rewipl of parts by you acknowledges familiarity with applicable warranties. A copy of the appropriate limited warranty for Caterpillar batteries, service tools. ground engaging tools, Caterpillar tires, or non - Caterpillar parts is available to you upon request. We shall not be responsible for any failures resulting from your abuse, misuse, neglect, or improper installation or maintenance. Llri tad 90 Da, percent Work WaranM Except for reconditioned major components and complete machine rebuilds, which are covered untler separate limited warranties, we warrant repair work to be tree from defects in material and workmanship for a period of 90 days from performance of such work. We will, as an exclusive remedy, redo such repair work which In our sole judgment is found to be detective in material or workmanship within the gMay warranty period. Any work redone under the terms of this warranty is warranted only for the remainder of the warranty period. If you specifically request repair work that is contrary M our recommended practice, this warranty shall be inoperative as to such work. A copy of Me appropriate limited warranty for reconditioned major components or complete machine rebuilds will be provided to you upon request. We shall not be responsible for any failures resulting from your abuse, misuse, neglect, or impmper maintenance. Discla'mer of Warranties: The foregoing limited warranties are exclusive and in lieu of all other warranties. oral or written. express or implied. including but not limited to any warranty of merchantability or fitness for a particular purpose. Manufacturers' warranties are exdusive and in lieu of all Other warranties either oral or written, express or implied, including but not limited to any warranty of merchantability or fithess for a gANf,., O� CITY OF BAKERSFIELD 117134 -1 Page 11 o0RIGINAi particular purpose. Quinn is not a manufacturer and makes no warrant' and shall not, under any circumstances, be liable for any Indirect or spacial, incidental or consequential damages including but not limited to loss of production, loss of profit, loss of use or business interruption, or any other economic lass, whether arising from contract, tort, strict liability or any other theory of law. Quinn makes no warranty of merchantability or fitness for any particular use or purpose, either expressed or implied. Voldina of Warranties: Customer is responsible far operating and maintaining equipment as specified by the manufacturer(s). Repair work warranty and manufacturers' warranties may be voided if equipment is altered in any manner before or after repair, or if the equipment is not operated or maintained In accordance with manutacturere'specifications. g. Governing Law and Venue. The rights and obligations of the parties with respect W the transactions contemplated by Service Repair Estimate shall be governed in all respects by the laws of the State of Cal'domia. The parties hereto irrevocably agree that the exclusive venue for any litigation arising in connection with Me transactions specified In this Service Repair Estimate shall be in the courts located in the County of Los Angeles, California 10. Aftomeys' Few and Costs. In the evem of any legal action, controversy, claim, or dispute between the parties involving the transactions contemplated by this Service Repair Estimate, the prevailing party shall be entitled to recover from the other party reasonable expenses, aftomeys' fees, and costs. d` m CITY OF BAKERSFIELD 117134 - 1 Page OPoGINAIp