ITB 6760 OF THERMO BOND BUILDINGS STACKED.pdf

Thermo Bond Buildings, LLC 1001 W. Main St. - PO Box 445 Elk Point, SD 57025 (800) 356-2686

ATTN: Julie Dabydeen

COMPANY: State Purchasing Bureau

ADDRESS: 1526 K Street, Suite 130

Lincoln, NE 68503

PHONE: (402) 471-6500

EMAIL: as.materielpurchasing@nebraska.gov

PROPOSAL NO. 2210-417

ITB #6760 OF for (2) 8’ x 10’ Shelters

DATE: February 3, 2023 mailto:as.materielpurchasing@nebraska.gov

8’ OD x 10’ OD x 9’ ID Lightweight Shelter Specifications

1. (1) 3'x7' exterior steel door with passage, deadbolt hardware and hydraulic closer

2. (1) 6-4” port wave guide entrance

3. Stone Aggregate Exterior (Ozark Brown)

4. R-values of 11 in the walls and floor & R-19 in the roof

5. Painted "I" beam box skid assembly

6. Single-ply rubber roofing material with Kynar 500 coated roof edging

7. Vinyl tile floor covering

8. 5/8” OSB/FRP interior finish

9. Full set of Nebraska PE sealed construction drawings and structural calculations

10. Freight to Site if site is accessible to semi-truck & trailer.

Electrical & Integration Package:

1. (1) - 200 amp, 120/240V single phase Load Center with main breaker

2. (2) - 2 tube, 4 foot LED light fixtures with switch

3. (1) – Exterior LED light with photocell

4. (2) - 120v duplex receptacles

5. (2) - 1 ton cool/5kW heat wall mount BARD air conditioners, 11 EER

6. (1) – Lead/lag master controller, with enhanced alarm & ethernet board, MC4002-BC

7. (1) – Exterior GFI receptacle

8. All electrical wires, breakers, boxes, conduit, etc. to make a complete assembly.

PRICING

8’ O.D. x 10' O.D. x 9' I.D. Lightweight Shelter: $ 53,850.00 each

Freight to Crawford or Waunita NE $ 3,300.00 per load

Total delivered price $ 57,150.00 each

Typical lead-time is 120-150 days from approved prints.

Payment Terms: 25% down, remaining balance due upon shelter completion.

This price does not include:

1. Crane offloading

2. Foundation

3. Site work and site grounding

4. Any applicable taxes

Thank you for allowing Thermo Bond Buildings to bid on your project. If you have any questions please contact me.

Evan Nedved

Thermo Bond Buildings, LLC

(605) 952-0078 enedved@thermobond.com mailto:enedved@thermobond.com

THERMO BOND BUILDINGS LLC TERMS AND CONDITIONS OF SALE

1. Any order placed or any purchase order issued by the BUYER shall constitute an acceptance of all the terms and conditions contained in this document except for such terms and conditions as both the BUYER and the SELLER agree to in writing.

2. All new customers are required to fill out the attached “Confidential Credit Application.”

3. Twenty Five percent (25%) deposit required with purchase order/signed contract. Remaining balance due thirty (30) days from the date of invoice whether or not Buyer has taken delivery. All sums not paid when due shall be subject to a 1.5% per month interest charge on past due balances. Payment shall not be dependent upon payment from any other party unless previously negotiated. No retainage shall be deducted from payment unless previously negotiated.

4. Prices quoted are in effect for a period of (30) days from the date of quotation.

5. BUYER shall pay all local, state and/or federal taxes and fees applicable to the purchase of SELLER’S equipment. Where applicable, said charges will be added to the invoice of the SELLER by separate line item.

6. BUYER shall pay all freight expenses pursuant to the invoice of the SELLER. Title and Risk of Loss shall pass to the BUYER upon shipment to the destination agreed to by the parties. If at the BUYER’S request, shipment is delayed beyond BUYER’S original shipment date, the BUYER will be invoiced for the completed unit once it is finished. BUYER must add the building to off-premises insurance coverage.

7. Changes shall be valid only if in writing signed by authorized representatives of BUYER and SELLER. Such changes must provide for any modification in the price or the time of delivery. Minor variations by SELLER in the details of design or construction of the equipment shall not give rise to any claim of defect or default. The SELLER reserves the right to make such minor changes in details or design and construction as shall in its judgment constitute an improvement over the original specification.

8. SELLER is not responsible for delay in delivery or other non-performance of this agreement due to force majeure, labor disputes or any other similar or dissimilar causes beyond the control of the SELLER. In the event of delay caused for reasons beyond the control of the SELLER, the time for the SELLER to perform shall be extended until such time as the disability has been removed.

9. This agreement shall be governed by the laws of the State of South Dakota. The Courts of South Dakota shall have exclusive jurisdiction over all controversies arising out of or in connection with this agreement. The parties consent to personal jurisdiction in

South Dakota and agree that process may be served upon them by registered mail at the address stated at the head of this agreement or personally within or without South Dakota. If service is made in any manner other than personally within South Dakota, the defendant shall be entitled to a period of twenty (20) additional days to answer over and above the time set by law.

10. The parties covenant and agree that if either acquires any right or rights to bring any action, suit or proceeding against the other as a result of any breach of this agreement, except for non-payment of the purchase price, the party acquiring such right or rights shall be conclusively deemed to have waived and relinquished the same unless such action, suit or proceeding is commenced within one year after such right or rights arose.

11. This agreement is not subject to cancellation or change unless requested by BUYER and accepted in writing by SELLER. In the event of any such cancellation, BUYER shall pay to SELLER, within thirty (30) days of such cancellation, the reasonable costs and expenses incurred by SELLER prior to receipt of the request for cancellation (including but not limited to engineering, manufacturing expenses and all commitments to its suppliers, subcontractors, and others), plus a reasonable percentage of the total of the foregoing for SELLER’S overhead and profit.

Limited Warranty

Thermo Bond Buildings, LLC (hereinafter Seller) warrants the equipment manufactured by them to be free of defects in workmanship and material under normal use and service provided it is properly installed, maintained, and operated.

Seller warrants that its equipment will be designed and manufactured to conform to the requirements expressly stated in the specifications. If any element or feature of the equipment is found to be defective within one year of the date of delivery and the Seller is immediately notified in writing of the nature of the defect, Seller will replace, repair or modify such equipment, at Seller's option and expense, within thirty (30) days of such notification. This warranty is exclusive and is in lieu of any and all other warranties, whether written or implied, including warranty of marketability and warranty of fitness for purpose. Seller's liability under this warranty is limited to repair, modification, or replacement of the defective equipment, exclusive of any and all other damages or claims of whatever nature including and without limitation, Buyer's labor, loss of profits, consequential damages, down time, labor expenses, loss of production or any other damages resulting from the defect. Seller is not responsible for claims of any kind based upon loss of use, network down time, overhead, labor expenses, and damages to other equipment or loss of production or profits. In addition, Seller is not responsible for consequential or incidental damages arising out of or in connection with this warranty.

To the extent authorized by the manufacturer, any equipment carrying a separate manufacturer's warranty that is integrated into Seller's product will retain its manufacturer's warranty to the benefit of the Buyer, whatever that warranties may be. Seller does not warranty any equipment or parts carrying a separate manufacturer's warranty.

The remedies set forth herein are exclusive to the Seller and the Seller shall have the final decision as to the time and nature of the repairs, reinstallation, or removal of any of its equipment as is necessary to bring it within warranty.

There are no rights, warranties or conditions, expressed or implied, statutory or otherwise, other than those contained in this warranty statement. This warranty is the entire an exclusive agreement between the Buyer and Seller. No agreement by the Seller shall otherwise exist as a release of or consent to any liability beyond those contained in this warranty.

Any agreement to purchase, payment or acceptance of delivery by the Buyer shall constitute an acknowledgement that they have read and understand the terms of this warranty, and that they agree to them.

This warranty shall not cover any intentional acts to Seller's equipment, natural disasters, acts of God or damage due to force majeure.

Any and all liability of the Seller under this warranty shall be limited to and not exceed the purchase price paid.