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Home My WebLink AboutDocumentation_Regular_Tab 17_06/12/2014 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: 6/12/2014 Consent Agenda: No Resolution #: 19-14 Originating Department: Utilities ` � � • • • • : - • • -�• RESOLUTION 19-14, AWARDING A CONTRACT TO PANTROPIC POWER TO UPGRADE THE CAT 3512 GENERATOR TO MEET NEW ENVIRONMENTAL PROTECTION AGENCY (EPA) STANDARDS IN THE AMOUNT OF $45,490.00 AND INCREASING THE FISCAL YEAR 2013/2014 BUDGET IN THE WATER UTILITY FUND #401 BY APPROPRIATING FUND BALANCE 1N THE AMOUNT OF $45,490.00 � . . -, Account #: 401-412-664.600 Amount of this item: $45,490.00 Current Budgeted Amount Available: Amount Remaining after item: 0 0 Budget Transfer Required: Yes Appropriate Fund Balance: Yes • ' •' .• • �- � � � .�- The scope of services is to remove existing factory exhaust system and replace with a system that meets the new EPA National Emissions Standards for Hazardous Air Pollutants (NESHAP) / Reciprocating Internal Combustion Engines (RICE) rule EPA 40 CFR. . -� . . Department Head � , ' � ">; � � ��' �� Finance Director J ° Reviewed for Financial Sufficiency ❑ No Financial Impact ❑ Attorney: (for legal sufficiency) Village Manager: — Submit for Council Discussion: [� Approve Item: ❑ Deny Item: � � • • - . . - _. -- - . -. .- - . .- - .- . .. - . . -. _ . . : � ,.� . - . Form Amended: 7/12/12 RESOLUTION NO. 19-14 A RESOLUTION OF THE VII..LAGE COUNCIL OF THE VII.LAGE OF TEQUESTA, FLORIDA, AWARDING A CONTRACT TO PANTROPIC POWER TO UPGRADE THE CAT 3512 GENERATOR TO MEET NEW ENVIItONMENTAL PROTECTION AGENCY (EPA) STANDARDS IN THE AMOiJNT OF $45,490.00 AND INCREASING THE FISCAL YEAR 2013/2014 BUDGET IN THE WATER UTILITY FUND #401 BY APPROPRIATING FUND BALANCE IN THE AMOUNT OF $45,490.00 AND AUTHORIZING THE VII.,LAGE MANAGER TO EXECUTE ON BEHALF OF THE VILLAGE PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the scope of services is to remove existing factory e�aust system and replace with a system tha.t meets the new EPA National Emissions Standards for Hazardous Air Pollutants (NESHAP) / Reciprocati.ng Internal Combustion Engi.nes (RICE) rule EPA 40 CFR WHEREAS, the cost of this contract is not funded in the current FY2014 budget and $45,490.00 needs to be appropriated to the Water Utility Fund #401-412-664.600 Capital Outlay Mach/Equipment to fund this project; NOW, THEREFORE, BE IT RESOLVED BY THE VII..LAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1 Resolution No. 19-14 is hereby approved awatding a contract to Pantropic Power to upgrade the CAT 3512 generator to meet new Environmental Protection Agency (EPA) standards in the amount of $45,490.00 and increasing the Fiscal Year 2013/2014 Budget in the QVater Utility Fund #401 by appropriating fund balance in the amount of $45,490.00; Section 2 This Resolution sha11 become effective immediately upon passage. Vllage of Tequesta Date: 6/2/2014 Purchase Order Requisition Date Purchase Order is Req'd: 6/16/2014 (Not a Purchase Order) Departrnent: Water Production "Revlsed IVovember 14, 2011 Req. #: Quotes Received: 3 (See Attached) Recommended Vendor. Vendor #: Vendors Bids Par�tro ic Power 645 Pantro ic Power 45,490.00 Address: 8205 NW 58th Str. MSHS/GCS 50,352.10 City: Miami FPL SERVICES 50,800.29 State 8� Zip: Florida, 33166 Comments: This is for rts and services to u rade the CAT�3572 enerator in order to m�t EPA com liance s ifications. The u rade will allow for continuance of FPL referred rate status savin the �Ila e over $14,000.00 r ear in electrical savin s. Manuf./ Available Balance Item Descri tion Part# Q. Unit Price Total Cost Account # Finance Use On! GenAcc DOC 1000 System 1$ 42,250.00 $ 42,250.00 401-412�64.600 EPA En ineertestin 1$ 3,240.00 $ 3,240.00 401�12-664.600 $ - $ - $ - $ - $ - � - $ - Total: $ 45,490.00 Finance/Adminisbrative Use Onlv: The Department Dir�or's / Designee s signature t�Iow cerlihes that (1) this pur�hase order rer�uisition is complete and in compliance with the vllage s Purchasing Policies and Procedwes and (2) all piocwement requirements have been setisfred. De artment Director / Desi nee Si nature: Date: The Finance Department signatuie 6elow certifies that (1) this requisition has been approved by an authorized Depertment Director/Desrgnee, (2) that the cor�cf account numbeis have been useal and (3) there is adeti{uete funding in the ac�unts listed. Finance Si nature: Date: Villa e Mana er A roval: Date: Yllage Council Approval: Resolution �: Date: • PANTB�P/C , Estimate pO�A Quotation No.... . . :5-30-2014ER ONE SOURCE-ONE CALL-ONE SOLUTIONT� Service Call.. ..... warm+.PantropicPoweccom Quotation Date.... . :05/30/2014 Customer No.... . . :3000223 N�emt Weat Palm Bch Ft Myers FL � a��*+��e SLiart 305-582�944 581-640-0818 238-337�71'1 954-787-7972 772-�2-3442 Expiry Date ........ Sold To: vllage OF Tequesta Ship To: 901 N. Old Dixie Hwy Vllage OF Tequesta T�uesta, FL 33469 901 N. Old D'aie Hwy Attention: John Collings Tequesta, FL 33469 Pa� Pw�er Co�d Pha�e Ala D/vfs�on DeparEme� Ed Riveron 954-2141277 EPG Senrice A�de/ Ser�a/ Afa ID Na� Lh�amer E��U IYa Servbe �r Cat-3512 24Z09035 HOURS The following is formal estimates to perform service repairs on you're Cat-3512 with serial number-24Z09035 We will remove the existing muffler Supply and we will instan new GenAcc DOC 1000 system We will Install a New 12" Carbon steel & insulated housing Critical Grade Sound Attenuation, 12" Ansi bottom inlet 8� 12" Ansi top outlet w/ raincap.Fabricate and install stand alone support for monitoring panel Mount and install tubing to new monitoring panel. (Elecbical work is not inGuded) Once the system in install we will make all of the tesfing and adjustmerrts . We will add a box to put in the HiBACK II data Iogger.This is water proof but this is going to sit outside and it has a USB port Ethemet port Engine Specifications: Model: 3512 Performance Number: Generator Arrg. Number. Displacement 51.8 L Generator Power Rating: - Exhaust Flow Rate: 7,621 CFM (est) Exhaust Stack Temp: 845°F (est) Maximum Backpressure: 26.9 in. H Emissions Specifications: Engine Baseline DM6688 (Reference) NOx: 13.16 g/bhp-hr C0: 2.49 g/bhp-hr HC: .762 g/bhp-hr PM: .443 g/bhp-hr Requested Emissions: RICE NESHAP 70% CO Reductions or 23 ppm @ 15% 0 NOTES: Atterrtion: John Collings TOTAL: $42 250.� jcollings@tequesta.org A� rover's si nature John Collings � P�lAOPIC � Estimate �� Quotation No.... . . :�30-2014ER ONE SOURCE-ONE CALL-ONE SOLUTIONTM' SBMCB CBII.. .. ... avww.PantropicPower.com Quotation Date.... . :05/30/2014 Customer No.... . . :3000223 PAartd WestPalm Bch FL Myers FL Lsuderdale Stuart �-ss2-asaa ss�-sao-oeie zss-a��aaa2 s5aae�-�s�z n2�s2-aaa2 E�iry Date ........ Soid To: Vllage OF Tequesta Ship To: 901 N. Old Di�de Hwy Village OF Tequesta Tequesta, FL 33469 801 N. Old D'aie Hwy Attention: John Collings Tequesta, FL 33469 Pa�►qo�c Pow�r Cav�act Ph�asr�e Na D/v�lan DeQer6neM Ed Riveron 954-2141277 EPG Service Model Se�/ Afa /D Na �r Eq�prne►rt Na Se�vbe A<eQer Cat-3512 24Z09035 HOURS Post- Aftertreatment Emissions: % Reduction C0: < 0.747 g/bhp-hr C0: > 70% HC: < 0.229 g/bhp-hr HC: > 70% PM: < 0.399 g/bhp-hr PM: > 10% DOC 1000 Custom Engineered System Specifications GenAcc DOC System Carbon Steel and Insulated Hausing Critical Grade Sound Attenuation 12" ANSI Bottom Inlet and 12° ANSI Top Outlet w/ Raincap 350 Series Monitoring System with Pressure and Temp. Sensors, Data Lagging, Alarm, and Digital Screen. Custom Engin�red Package for Every Application Diesel Oxidation Catalysts Metallic, Precious-Metal Based 19° Diameter Catalyst(s) CO Reductions - >70% HC Reductions - >70% PM Reductions - >10% Avg. Pressure Drop Across Filters -�5.4 in. H at Load NOTES: Attention: John Collings TOTAL: $42 250.� jcollings@tequesta.org A rovers si nature John Collings PAMTROP/C , Estimate POWER Quotation No.... . . :5-30-2014ER ONE SOURCE-ONE CALL-ONE SOLUTION`"� S@fVIC@ CBII.. ....: www.PantropicPower.com Quotation Date... . :05/30/2014 Customer No.... . . :3000223 Miami West Palm Bch Ft. Myers Ft. Lauderdale Stuart 305-592-4944 567-640-0818 239-337-4222 954-797-7972 772-692-3442 Expiry Date ....... : Sold To: Village OF Tequesta Ship To: 901 N. Old Dixie Hwy Village OF Tequesta Tequesta, FL 33469 901 N. Old Dixie Hwy Attention: John Collings Tequesta, FL 33469 Panhnpic_PowerConlact Phone Na_ Division Deper6nent Ed Riveron 954-214-1277 EPG Service Model _ Serfa/ No. ID No. Customer Equ/pmeM Na . Servfce Mefer -- -_ Cat-3512 24Z09035 HOURS GenAcc DOC 1000 GenAcc DOC 1000 System DOC W/Silencing- Carbon DOC (Catalysts) •350 Series Monitoring System w/ Pressure and Temps Sensors •Includes Data Logging, Alarms, and Monitor NBG Kit • 2 Ventilation System Terms and Conditions: Terms: Net 30 Days Upon Availability to Ship Warranty: 2 year / 10,000 Hours from Commission Date Shipping and Handling: FOB - Peoria, IL Lead Time:8 weeks * The testing will done by South Florida Environmental Services Measurement of CO & 02 from the Village OF Tequesta Diesel EnginelOut-of scope services- Hourly rate: $150 per hourl & Daily rate:$1500 per day2) One Field Engineer for the start up testing is $3,240.00 three days �� NOTES: 3 Attention: John Collings TOTAL: $42,250.00 � �js��(�� jcollings@tequesta.org A rover's si nature John Collings . Litteral, Nathan From: Eduardo Riveron [Eddie Riveron@pantropic.com] Sent: Friday, May 30, 2014 3:45 PM To: Litteral, Nathan Cc: Collings, John SubJect: RE: Tequesta Cat-3512 quote update Attachments: Village Of Tequesta MufFler-3512-5-30-2014.pdf Hi Guys, The price is correct . the only thing I did not add was the $3240 for the startup and training . Sorry Thanks Ed From: Litteral, Nathan [mailtoenlitteral@tequesta.orq] Sent: Wednesday, May 14, 2014 2:03 PM To: Eduardo Riveron Subject: Tequesta Cat-3512 quote u�ate Good Afternoon Eddie, As per our prior conversation, I needed to confirm that the quote for the CAT-3512 is for turnkey installation, including complete EPA compliance testing. The CAT-3406 generator is not under the load shedding program with FP&L so we don't need to include it in the quote. If you could update your quote with a current date (the last one is dated 11/22/13) I will be able to submit it to the Utilities Director. Thank you very much for your help, Nate Litteral tiVater Plant Superintendent Vllage of Tequesta Te1.561-768-0493 Cell 561-262-4344 Fax.561-768-0711 Email: nlitteral@teQUesta.or� � This email has been scanned for email related threats and delivered safely by Mimecast For more information please visit http://wwvvv.mimecast.com 1 � Pantropic Power Inc. Service Estimate Terms and Conditions Per Customer request, Parrtropic Power Inc. ("PANTROPIC°) has estimated repairs on the equipment (includes all components, machines, or other miscellaneous items) listed herein. A repair descNption with labor and/or parts is stated herein. Upon disassembly of the �uipmerrt to be repaired, addittonal parts and labor may be necessary. If so, an estimate for additional repairs will be forwarded to Customer for approval. Note: by accepting this Estimate in writing, verbally, or by signing a corresponding "AUTHORIZATION FOR SERVICE WORK", Customer agrees to all terms and conditions set forth herein. NOTE: TERMS AND CONDITIONS SET FORTH HEREIN PREVAII OVER CUSTOMER PURCH/ISING TERMS. 1. AutFrorltv to Perform Reoalrs: It is understaod that, "upon receipY' of any item of equipment for repair, malntenance or other work, PANTROPIC may examine the item of equipment as to work which PANTROPIC may suggest to be performed in addition to whatever work, if any, might have been requested by customer. All work (requested by customer or suggested by PANTROPIC) to be noted on a form as supplied by PANTROPIC. a. 77me and flAate�lal Work: PANTROPIC will proceed with the work agreed upon as set forth herein. b. Firm Prtse: If requested, a flrm price In writing will be given to the customer for labor and/or parts to do a speafic repair. My agreed upon repair order not covered by a firm written proposal will be billed at current time and material prices. c Unforeseen Problems or Additlonal Reoairs: PLEASE BE ADVISED: UNFORESEEN ISSUES/PROBLEINS AND UNdNTICIPATED CONDITIONS MAY CAUSE REPAIR PRICE TO INCREASE In the event that during the course of the work, additional repalr work (due to continuous use, unknown problems, working condftions, dirty Equipment, waiting on Customer approved support, parts exchange cores that do not meet 100'� core refund criteria, condftions out of PANTROPICs control, and items found in need of repalr or replacement during disassembly that are not covered hereln) Is found to be necessary pursuarrt to Parrtropic's examination and inspection of the Machine, then in such event PANTROPIC will attempt to communicate with the Customer as to the additional repair work; provided, however, that in the event Paniropic is unable to communicate with the Customer, then Pantropic, at its sole discretion, shall have the absolute right to cease any and all repairs on the Equfpment urrtil such time as the addttional repairs are discussed with the Customer. In the event the Customer consents to the additional repairs, PANTROPIC shall have the ri�ht to proceed with the repair of the same without further communicatfon wlth the Customer and arry and all additional repairs wtll be char�ed to the Customer at current time and material prices. d. Authoritv of Customer Personnel: Unless Customer notifies PANTROPIC in wrftine. any Customer personnel communicating with PANTROPIC shall have the full authority to authorize repairs. All instructions to PANTROPIC by Customer regarding authority of Customer's personnei to bind (authorize repairs) Customer shall be in writing (vla e-mail, courler, or U.S. Mall). e. Purchase Order: In the event that a purchase order number is required by Customer, Customer shall provlde such purchase order number within 10 business days of receiving a Proforma Invoice from PANTROPIC. If Customer fails to provide such purchase order number uvithin such time period (10 business days of Proforma Invoice), PANTROPIC shall have the right to invoice the Customer wfthout a purchase order number, and Customer thereby additionaily forfeits any rights to dispute such Invoice. 2. Hold Harmless A�eement for Customer Particloation in Service Work: In the event Customer or Customers' personnel assists PANTROPIC personnel in performing servlce work, Customer agrees to hold harmless and fully indemnffy PANTROPIC for injuries or damages to anyone arising out of Customer assisting PANTROPIC personnel in servicing or repairing Customets equipment. 3. Coroorate DLscounr No additional corporate discounts may be applied to the above esdmated price. 4. Warrantv: PdNTROPIC warrants the arork performed to be free from defects in material and workmanshlp for a perlod of ninety days. PANTROPICs abligation under this warranty shall be limited to the repair or replacement at PANTROPICs premises of those new parts previously installed or labor previously performed demonstrated to be defective. SUCH REMEDY SHALL CONSTITiJTE CUSTOMER'S SOLE AND D(CLUSIVE REMEDY AND CUSTOMER HEREBY AGREES THAT IYO OTHER REMEDY (INCLUDING, BUT NOT LIMITED TO CLAIMS FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, OR ANY CAUSE, LOSS, ACTION, CLAIM OR DAMdGE, INCLUDING LOSS OF TIME, WHATSOEVER, OR INIURY TO PERSON OR PROPERTY OR ANY OTHER COfdSEQUENTIAL DAMAGE OR INCIDEIYTAL OR ECONOMIC LOSS) SHALL BE AVAlLABLE TO Q15fQMER. THIS WARRAN'Ilf IS IXPRESSELY IN LIEU OF ALL OTHER WARRANTIES, EXPRE55 OR IMPLIED, INq.UDING ANY WARRANTIES OF MECHANTIBILITY OR FITNESS FOR d PAR77CULAR PURPOSE SIiBSTANDARD REPAIR WORK MAY BE PROVIDED UPOIY REQUFST OF CUSTOMER AND ACCORDING TO CUSTOMER'S INSTRUCI701Y5 BUT SUCH WORK WILL CARRY ABSOLUTELY NO WARRANIY WHATSOEVER. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT NO VERBAL CONTRACTS, AGREEMENTS OR 1AIARRANTIES OTHER THAT WHAT IS SET FORTH HEREIN HAVE BEEN RECEIVED OR GIVEN. 5. Cor�: Customer assumes liability for Lost or Damaged Cores. All Core charges shail be the responsibility of the Customer. PANTROPIC assumes ownership of all take off items removed from Machine(s) not relnstalled durin� the repair process. 6. Price Adtustments: This proposal is based on current parts and labor pricing. Customer shall assume the price increases Incurred. 7. Miscellan�us: Thfs proposal is prepared with the most current information avaflable to PANTROPIC. a. The following charges are not included unless stated in this proposal: (State, local, indi�ent care, Environmerrtal, taxes, freight, etc.) All prices are subjed to all federal, state, local sales, use, excise and other taxes on the produdion, sale, use, or shipment of the goods sold, now or subsequently becoming effective, and if not included in the invotce for the goods, that amount may be invoiced later. b. This is the entire agreement betuveen the parties and may not be modified or amended except by a written document signed by the parly against whom enforcement is sought. 8. Risk of Loss: All risk of loss and dama�e not covered by insurance (including any deductibles) shall be borne solely by owner of equipment. 9. Se�rerabilhv: My provisions herein found to be prohibRed by law shall be immedlately inefFective to the extent of such prohibition without invalidating the rest of this agreement 10. Statutorv Ilen: Customer hereby waives its rights to possession under Fla. Stat. 713.74, and agrees that PANTROPIC is entitJed to a possessory lien in connection wRh the equipment identfifled herein untll it is pald in full for any and all parts, labor, and/or services. 11. Cholce of law. forum and exoer�: Customer shall pay PANTROPIC for reasonable costs, fees and expenses (including attomey's fees and court costs incurred through appellate levels and any post judgmerrt expenses and interest incurred), incurred by PANTROPIC in the event of a corrtroversy regarding this transactlon, or in collecting monles due or to become due or incurred in replevying the equipmerrt as a resuR of Customer ordering equipment and property from PAWTROPIC or as a result of a breach by Customer of any of its obligations hereunder. In the event litlgation arises, the right of trial by ]ury is waived by both partles and Customer agrees that the suit may be brought only in Miami-Dade or Broward County. These terms and conditions shall be govemed and construed in accordance with the laws of the State of Florida. y �� 1� FPL Services• May l2, 2014 Mr. Nate Litteral Water Plant Superintendent Village of Tequesta 901 N. Old Dixie Highway Tequesta, FL 33469 Dear Mr. Litteral: Thank you for the opportunity to evaluate your backup generator needs for compliance with the new EPA National Emissions Standard for Hazardous Air Pollutants (NESHAP)/Reciprocating Internal Combustion Engines (RICE) rule EPA 40 CFR. FPL Services, LLC (FPLS) is pleased to offer an emissions retrofit solution to your Caterpillar model 3512 for a total amount of fifty thousand eight hundred and 29l100, $50,800.29. The Scope of Work is attached. Based on your $14,116 annual savings on FPL's Load Management program at 901 Old Dixie Highway your favorable payback period for a turnkey installation is 3.6 years. Please advise on the best way to move forward. Please note we will need 8 to 10 week lead time for your generator-specific materials. Due to possible material and labor changes, this quotation is valid for 30 days. I will follow up to discuss the proposal and any questions you may have. Again, thank you for the opportunity. We look forward to your continued participation in FPL's Load Management Program. Sincerely, Dean Tramontano, CEM, CDSM, CEP Proposal acceptance Commercial Market Manager Name: FPL Services, LLC Title: (561) 681-3062 Date: Dean.Tramontano�FPL.com Village of Tequesta cc: Robert Weese attachment FPL Services, LLC _. . _ _ __-- - - - -. _ _. . _ . . . _ _ _ . - - ------- ----- --- 6001 Village Boulevard, West Palm Beach, FL 33407 Castomer. Village of Teqaesta Location: 901 N. Old Di�e Highway Generator: Caterpillar model 3512 serial number 24Z09035 Scope of'Work: - SuppN sNatiti�! tecMutiar� to �rtorm the wo�c d�r� be1�+ - Install I�iia►e Q�el Oxidat�on Ca4alyst llnd. InStallatieat� irtcltrd� insta[iiR� rn�aitarertg system. - hAanit�nrtg Kit e,amponen�s Include: Press�r� sens4rs. �yp� K therm�;ou��s. �Ietna 12 En�losur�. Netun�rk communicati�n RS-4S5 2ware. Irtpu� p�er 12�V�4C. Scada Communication AOl�d�s �+er Ethemet - Ir�stall inctudes removing e�astv�g trar►sidon pip� and ��lacirtg wiiUi in-li�� caiaryst. �ilill use high temperaMe exhaust blankets. ""'Pricing ir�lud�s fuA testir� per EPA reQuiremer�.s to ceK�iy Rice Neshafa equi�ment. - RPC will peRonra �3) t-itour i�0°� load t��r� cm e�.h uni3 ��er EPA Re�ir�er�ts. ""'C�starraer to resporssibls t� supply tu�t tor t�sting. '� Day Warr�ty on �al�r. Ttao Year �danufacturer W� an Paris. ""'Pricing tncludes velNng customer h�nr to us� n�ntm�[rrg sys�m. (� Day - Final Da�y of Instelp My additlorial tra�tning tAtUl fequlle a s�arate quote. •""Work wlll taioe (� TechnkEans S days to complet�. 2 AUTH D/STR/BUTORS 8 SERV/C C ENTER � YA S.Erlt O r.�cn acc:�„ �rqv io, � \ �F�� D �ELSiI�� 80�� n�R MAN BBW D�esei 1lkL�L`1 �;�1 . e� ' €3 (.l D W A R D G �-;� a�ansarinjet ESTIMATE eFQi99s-�;,_ Date 5/30/2014 Cusmmer City of Tequesta � a „ mtt John Collings Address City Tequesta State, LP Florida WuMry USA lucadon TequestaCkyoF Projec[ Install OCL Wplyst and Close loop Cronkrase Ventilation System on CAT3512 Amount Deurip[ion Price Unit Cost Extended Cost Zo Labor T/T (Travel Time) S ios.00 5 z,i6o.00 60 LaborService Engineer $ 308.00 $ 6,480.00 480 Mileage $ 1.25 $ 600.00 1 Kit Crankcase Ventilation System CAT3512 $ 3,120.00 $ 3,120.00 1 Design, furnish, Install Structual Support $ 2,500.00 $ 2,500.00 1 Msc Material $ 1,000.00 $ 1,000.00 i Compliance Testing for 23 PPM CO 5 9,181.60 5 9,181.60 1 Compliance Testing for 70% Reduction CO 5 11,626.50 5 11,626.50 THIS ESTIMATE INCLUDES: Installa6on of RICE-NEESHAP Compliant Continuous Parameter Monitoring System and DCL. Catalyst Engineering Design and installation of Brackets for one DCL catalyst Electrical Wiring and Installation of Nbnitoring System Materials Used for Custom Brackets and Fabrication Crank Case Ventilation Kits Installation of Crank Case Ventilation Kits Compliance Testing �, /� � � � � i � � � l., r0 NOTINCLUDED �,`�` � ^ ��' ��, � DCLCATALYST - DCL MONITORS o � PERMITS �� c Z�� z � � ' `�" ANY UNFORSEEN � )� � ANY LABOR OR SPARE PARTS NOT LISTED SHIPPING HANDLING 7otal: $ 36,668.10 Lowl Taxes are not induded The customer underrtands and accep6 all terms of MSHS Price Validity: 10 DAYS Cus[omer Approval MOTOR-SERVICES HUGO STAMP INC. (Signature) (Da[e) (Signature) (Date) All NpTORSERVICES HUGO SiN.p aterwiartl antl evleMetl tamis eM condNore are indutled in Ne conhecl aM hareDy Dacome perl of IHS co�Vact Wess accepted end corlirtned by an otficerofAqTORSERVICE HUGO STAf.AP at i1e heetlQUarte(a officein fortLBWardale. Q MotorServices Hugo Stamp II1C. 3190 SW 0'" Avenue. Fort Lauderdale, FL 33315 ' Phune 9ii4-7G336n0 � iollfrFe 8pp-622-G7<l7 j Fax 954-763-28l2 � t�.��.�.cr.shscom ��r�fa�r?�shscom 1 OF3 Page 1 of 1 � . � � AUTHOR/ZED D/STR/BUTORS 8 SERV/CE CENTER � E�l �Q I ]�i� a,.ar, a� s�,00 i�,, /` OEUT2 ��P� �Iflst �� VOi�� pp�ER MAN B&W Diesel i�.:�t�._� 1 � � 1 I '� '� a/amaiinjet •1Lrj rv cj � � w�+ �a [� r� �,� �. � ESTIMATE � RFQ1995-02 Date 5/30/2014 Gustomer �ity of Tequesta co�a� John Collings Address City Tequesta State, DP Florida Country USA bodon Tequesp Gty ot Project Install DCL Catalyst and Gose lnop Crankfase Vendlation System on CAT3532 Amount Descriptlon Price Unit Cost Extended Wst 20 Labor T/T (Travel Time) $ 108.00 $ 2,160.00 60 LaborService Engineer $ 108.00 5 6,480.00 480 Mileage $ 1.25 5 600.00 1 Kit Crankcase Yentilation System CAT3512 $ 3,120.00 $ 3,120.00 1 Design, Furnish, Install Structual Support $ 2,500.00 $ 2,500.00 1 Msc Material $ 1,000.00 $ 1,000.00 1 Compliance Testing for 23 PPM CO 5 9,181.60 S 9,181.60 1 Compliance Testing for 70% Reduction CO 5 11,626.50 $ 11,626.50 THIS ESTIMATE INCLUDES: Installation of RICE-NEESHAP Compliant Continuous Parameter Monitoring System and DCL Catalyst Engineering Design and installation of Brackefs for one DCL catalyst ElecVical Wiring and Insiallation of Monitoring System Materiais Used for Custom Brackets and Fabrication Crank Case VenUlation Kits Installation of Crank Case Ventilation Kits Compliance Testing NOTINCLUDED DCL CATALYST DCL MONITORS PERMITS ANY UNFORSEEN ANY LABOR OR SPARE PARTS NOT LISTED SHIPPING HANDLING Total: $ 36,668.10 Local Taxes are not included The customer understands and accep[s all terms of MSHS Prke Validity: 30 DAVS Customer Appmval MOTOR-SERVICES HUGO STAMP INC. (Signature) (Date) �Signature) �Date) PJI MOTORSERVICES MUGO STAAIP smMertl antl exteMetl larms antl cnMitloris are intl Wetl in tM cabxt en0 lie�eby Eecome part of this corpect u�Yess acceqetl end corRirtned by m olficerof MOTORSERVICE HUCO STAMP et i1s heatlquaRers officein Fort Leuderdale. Q MotorServices Hugo Stamp IIIC. 3190 SW 4'^ Avenue. Fort lauderdale. FL 33315 Phone 9`i-0-7G33G60 � foti Free 8Q0-6226747 � Fax 954-163-2872 � w�aw mshscom � mfo:smshscom � OF 3 Page 1 ot t , Motor-Services Hugo Stamp, Inc. Authorized Dist►ibutor and Service Center TERMS AND CONDITIONS (also available at httn:!�'N�� '.mshs.com/termsandconditions.htm) These terms and condition represent the final and complete MSHS harmless with respect to all liabilities to all parties in agreement of the parties, and no modification shall be interest exceeding the amounts herein stated. binding upon Motor-Services Hugo Stamp, Inc. ("MSHS") FORCE MAJEURE: MSHS shall not be liable in any event unless made in writing and signed and approved by an officer for any loss, damage or delay caused by strikes, labor of MSHS. No modification of these terms shall be deemed difficulties, accidents, delays in delivery of materials, acts of made or accepted by MSHS shipping goods or performing God, war, restraint of princes, including, but not limited to, services following receipt of a purchase order or other restraint by local, state or federal authorities, or causes or any documents containing terms and conditions additional to or kind beyond MSHS' control, including, but not limited to, in conflict with the terms and conditions herein. MSHS does tropical storms, hurricanes, lightning or rain. not agree to the accident, indemnity, and insurance provisions, if any, contained in the buyer's or customer's WARRANTY: MSHS warrants that its parts and services invitation or specifications, and in such cases MSHS accepts are provided in accordance with industry standards and parts only such liability as is imposed upon MSHS by law and as supplied are free from defects in material and workmanship. limited by this contract. Receipt of goods or services by the Buyer or customer agree that the sole remedy for breach of buyer or customer shall be deemed conclusive proof of any warranty, express or implied shall be limited, at MSHS irrevocable acceptance of these terms and of the conformity sole discretion, to the replacement of parts, repair of parts, of the goods or services provided; similarly these terms and return or crediting of purchase price, or referral of the claim conditions shall be deemed irrevocably accepted upon to the original manufacturer for manufacturer's warranty commencement of work by MSHS at MSHS' facility or at review. MSHS makes no warranty and specifically any other location. disclaims all liability for design of any items supplied. THE FOREGOING WARRANTY IS NON ASSICNABLE GENERAL: MSHS' contracts for furnishing repairs, parts AND IS IN LIEU OF AND SPECIFICALLY and services are solely on the basis of the insured limited EXCLUDES ALL OTHER WARRANTIES NOT liabilities and specific warranties set forth below. MSHS ACTUALLY SET FORTH HEREIN, WHETHER shall not be liable for any injury or death resulting from its EXPRESS OR [MPLIED BY OPERATION OF LAW provision of repairs, parts or services, and the purchaser or OR OTHERWISE INCLUDING BUT NOT LIMITED customer agrees to indemnify, defend and hold MSHS TO ANY IMPLIED WARRANTIES OF harmless for any such claims brought against MSHS by or MERCHANTABILITY OR FITNESS OR THOSE on behalf of any person other than a MSHS employee. When IMPLIED BY THE COMMON LAW OF BAILOR AND MSHS provides parts, repairs or services to any vessel, gAILEE. No agent or employee of MSHS has authority to MSHS shall not be liable, directly or indirectly, in contract, bind MSHS to any other or expanded warranty, and any tort or otherwise, to the vessel's owners, charterers, representation to that effect shall not be deemed to become a underwriters, lienholders or other party in interest for any part of this contract and shall be unenforceable. The specific damages to such vessel or to its appurtenances, cargo, warranty provided by this section shall be deemed expired equipment or moveable stores, or for any consequence and all right of the buyer or customer irrevocably waived thereof, unless such damage is caused solely by MSHS' gross unless the claimed defect is submitted to MSHS in writing negligence or intentional tort, and in no event shall MSHS' Within 60 days of receipt of the relevant part or service (or aggregate liability under this contract (with the exception of the redelivery of the vessel, whichever occurs first). This the specific warranty as set forth in "WARRANTY" below) period shall govern whether the alleged defect is latent or exceed the sum of $50,000.00 or the value of the vessel, patent and shall not be deemed to be tolled or to arise at any whichever figure is the lesser. In no event shall MSHS be ��re time as a result of the discovery of a latent defect. liable for any consequential or special damages including but Remedies for latent defects not discovered and submitted to without limitation, for faulty or negligent design or MSHS within the 60 day period shall be exclusively those manufacture, delay, loss of revenue, detention, wharfage, available from the manufacturer, if any. All warranties are demurrage, tug expense, pilotage, crew wages, salvage or contingent upon, and no obligation to perform warranty loss of use. For all sales or services provided, whether vessel repairs shall arise until, full payment is received by MSHS, related or non-vessel related, MSHS shall not be liable for and the provision ofrepairs or replacement ofparts by MSHS incidental, special or consequential damages or losses arising shall not be deemed a waiver of this provision. directly or indirectly from the purchase and sale of goods or FORUM AND CHOICE OF LAW: This contract shall be provision of services, or for any other cause, and MSHS' sole deemed to have been executed and fully performed within in liability shall be as set forth under "warranty" below. The buyer or customer agrees to indemnify, defend and hold �e State of Florida, and shall be interpreted and construed in accordance with and subject to the federal maritime law of PLEASE NOTE THAT OUR CLJRRENT TERMS & CONDITIONS APPLY TO ALL SERVICES AND SUPPLIES RENDERED Page 1 of 2 y4�P QUA<itL � t„ 3190 SW 4U Avenue, Fort Lauderdale, FL 33315 � Phone: +1954-7633660 � Toll Free: 804622-6747 I Fax: +1954-763-2872 � 1509 Sams Avenue, Harahan, LA 70123 � Phone: +1504265 8800 I Toll Free: 804622-6747 � Fax: +1504-265-8838 2 OF 3 o �'' "'' www.mshs.com � Member of the MSHS Group � www.mshsgroup.com sa.�oo� the United States (excluding its conflict of law rules) or, for defective goods under the WARRANTY section hereo� should no such law exist on any particular issue, the laws of shall be subject to a 25% restocking fee, consent to payment the State of Florida, to the exclusion of the laws of any other of which is hereby given by customer or buyer, and no state or country. The prevailing party in any legal action returns will be accepted for special order goods, goods shall be awarded reasonable attorneys' fees and costs. supplied pursuant to an incorrect part number provided by Moreover: (1) for U.S. buyers or customers: any dispute the customer, or goods with damaged packing or labels. All arising under, in connection with or incident to this contract returns must be accompanied by a returned goods shall be litigated before either a federal court of competent authorization number provided by MSHS. MSHS may place jurisdiction located in the Southern District of Florida, or a any account not paid within thiriy days into the hands of state court of competent jurisdiction located in the State of attorneys for collection and the buyer or customer agrees to Florida, County of Broward, to the exclusion of the courts of pay the reasonable fees and costs of the attorneys, without any other state or country, and buyer or customer hereby regard to whether suit is filed or arbitration commenced. All irrevocably consents to the jurisdiction of such court; (2) for payments must be made in Florida at 3190 SW 4� Avenue, non-U.S. buyers and customers: any dispute arising under, in Fort Lauderdale, Florida 33315 or by wire as set forth below. connection with or incident to this contract shall be referred It is agreed that wires are to be deemed payments made in to three persons at New York, New York, one to be appointed Florida. For payment for work done on or materials by each of the parties hereto, and the third by the two so furnished to any vessel, whether authorized orally, or by chosen; their decision or that of any two of them shall be final letter, or written contract, and whether MSHS is the general and, for the purpose of enforcing any award, this contract contractor or a subcontractor, MSHS looks to both vessel and may be made a rule of the court. Should a party fail to owner. appoint an arbitrator within ten days of notice of demand for Wire Transfer: City National Bank of Florida arbitration, the demanding party may appoint the second Fort Lauderdale, FL 33301 arbitrator with the same force and effect as if appointment by Account: 2003276792 ABA: 066004367 the second party. Should the two arbitrators be unable to VESSEL WARRANTIES: The vessel, its owners, agree on the appointment of a third arbitrator within 14 days charterers, underwriters, lienholders, and all parties in after appointment of the second arbitrator, the President of interest, shall indemnify and hold MSHS harmless from all the Society of Maritime Arbitrators, Inc. shall make the appointment upon the request of either party without further liability arising under any state or federal air or water quality notice. The proceedings shall be conducted in accordance statute or regulation unless the liability shall arise solely with the Rules of the Society of Maritime Arbitrators, Inc., from the gross negligence or intentional tort of MSHS' own including Section 2"Consolidation". The arbitrators shall be employees. Owners, or other parties in interest, warrant that commercial men and shall be members of the Society of a valid and current U.S. Coast Guard Certificate of Financial Maritime Arbitrators, Inc. The arbitrators shall consider this Responsibility (Water Pollution) (Form CG-5358-10) shall Agreement an honorable engagement rather than merely a be kept in force at all times while MSHS is furnishing legal obligation. The arbitrators shall award reasonable repairs, parts or services. attorneys' fees and costs to the prevailing party. The parties BUYER AND CUSTOMER'S RIGHT TO PURCHASE irrevocably stipulate to the jurisdiction of the United States FURTHER WARRANTIES: Different or more extensive District Court for the Southern District of New York for �►abilities will be accepted if an agreement in writing stating purposes of compelling arbitration or confirrning an the nature and extent thereof is entered into before work is arbitration award. This stipulation shall not be deemed commenced by MSHS, and if the price is adjusted to include consent to the jurisdiction of the courts of New York for any the cost of appropriate additional insurance. The terms other purpose or evidence of any presence within New York. contained in this contract or as set forth by an addendum With regard to petitions to compel arbitration or to confirm thereto shall in no way be interpreted to hold MSHS as an an arbitration award, the parties consent to service of process insurer. by certified mail, certified international mail, fax, e mail, MISCELLANEOUS: Nothing herein shall be deemed to Federal Express or DHL courier service to the parties at any constitute a waiver of MSHS' maritime lien. Invalidity of any of the addresses or other contact information set forth in the one or more provisions of this contract shall not affect nor MSHS purchase order, quotation, or elsewhere in this impair the remaining provisions. This contract may not be contract, and irrevocably waive and right to personal service changed oral ly. of these documents. Motor-Services Hugo Stamp, Inc. is an Equal Employment PAYMENT AND PRICE: Prices quoted and product Opportunity/Affirmative Action Employer. 04/l4 availability stated are valid for ten days only unless designated as firm for a specific other period in writing by an officer of MSHS. Payment in all cases is net upon receipt of invoice, 1.5% per month to be added to the invoice amount if full payment is not received by MSHS within thirty days of presentation of the invoice. Local fees or taxes are the responsibility of the customer and no deduction shall be made to the invoiced amount therefor. All returns (other than PLEASE NOTE THAT OUR CURRENT TERMS & CONDITIONS APPLY TO ALL SERVICES AND SUPPLIES RENDERED Page 2 of 2 c�1�� Y � � 3190 SW 4N Avenue, Fort lauderdale, FL 33315 � Phone: +1954-763-3660 � Toll Free: 800-622-6747 � Fax: +1954-763-2872 � � 1509 Sams Avenue, Harahan, LA 70123 � Phone: +1504-265-8800 I 7011 Free: 800-622-6747 I Fax: +1 504-265-8838 3 OF 3 a �''�so,00� � N'wWmshs.com � Member of the MSHS Group � www.mshsgroup.com _ GOVER CONTROL SYSTEMS, INC. � azrihorized sales & service center w�n��v.gv„cc;;sys.corn Ib1SHS vCOUp Company: Village of Tequesta Water Plant Reference: Quote #TLE-201311-0011 Attn: Mr. John Collings Sales Rep: Terry Lee Address: 901 North Old Dixie Date: 4/14/2014 City/State: Tequesta, FL Phone: 561-262-4341 Email: jcollings@tequesta.org Fax: Item Qty. Descri tion Cost Each 1 1 DCL Quick-Lid Catalytic Converter Model DC63-14 CC for City of Tequesta $6,881.00 CAT3512 diesel generator. 304 stainless steel construction, mild carbon steel ANSI 150 lb bolt pattern flange connections, captive hardware system with floating bolts and caged floating nuts, monitoring ports [number and size determined by customer. Unit comes with 200 cpi catalyst element. Connection flange 14 inches, total weight approximately 200 lbs. 2 1 Insulation blanket for the above catalytic converter and adjoining flanges [each $1,509.00 endJ. 3 1 DCL Mini-Quick-Lid Catalytic Converter Model DC 12-6 CC for City of '$2,239.00 Tequesta CAT3406 diesel generator. 304 stainless steel construction, mild � carbon steel ANSI 1501b bolt pattern flange connections, captive hardware ��c,� � system with floating bolts and caged floating nuts, monitoring ports [number ��--> �� re�� and size determined by customer. Unit comes with 200 cpi catalyst element. Connection flange 6 inches, total weight approximately 135 lbs. 4 1 Insulation blanket for the above catalytic converter and adjoining flanges [each '$963.00 end J 5 �Y Governor Control System's RICE-NESHAP compliant Continuous Parameter —$2;3ffZ:QO� ( Monitoring System. Includes pre-assembled 12"x 10"x6" NEMA enclosure � 3� �, � with data logger, 120Vac to 24Vdc power supply, inlet/outlet pressure transducers, and (1) 12" K type thermocouple with 50 feet of thermocouple wire and thermowell. Data out via RS485 Modbus communcation. (Full spec sheet attached) 6 Training Option: Cost for Governor Control Systems Engineer to go to site in $3,047.00 Tequesta, FL to perform start-up/commissioning and training services on for the GCS Catalyst Monitors. Cost includes one ten hour day on site plus two hours of travel to and from site. Cost includes expenses [milage/per diem]. Cost based on GCS Engineereing 2013 Rates Leve14 which are attached. PLEASE NOTE THAT OUR CURRENT TERMS & CONDITIONS APPLY TO ALL SERVICES AND SUPPLIES RENDERED Page 1 of 3 � '' �� oc� � �� DI , ° � S�s n� �� , �� ,.,, � i j ��.��,E�r . , 3101 SW 3rd Avenue, Ft. Lauderdale, FL 33315 Phone: +1 954-462-7404 Fax: +1 954-761-8768 Toli free: 1 877-659-6328 2022 Tamvest Court, Ma�deville, LA 70448 Phone: +1 g85-626-8707 Fax: +1 985-626-8732 Toll free: 1 888-427-4853 3120 Aritona Avenue, Norfolk, VA 23513 Phone: +1 757-852-5808 Fax: +1 757-852-5809 Toll free: 1 877-659-6328 1100 NW 51st Street, Seattle, WA 98107 Phone: +1 206-297-0300 Fax: +1 206-297-0302 7 Estimated Freight Cost for catalytic converters to ship from Ontario, CA to $850.00 Tequesta, FL 8 Estimated Freight Cost to ship [2] GCS Catalyst Monitors from F� $16.00 Lauderdale, FL to Tequesta, FL 13, C�g�l , eo Terms: Net 30 with approved credit F.O.B.: Ft Lauderdale, Florida Validity: 30 days from above date Delivery: 4-6 weeks after receipt of Please refer to reference number above approved drawings By: Terry Lee Email: Terry.Lee@govconsys.com �� p�0 � ��,��5 , I o _ �o,��a.l o PLEASE NOTE THAT OUR CURRENT TERMS & CONDITIONS APPLY TO ALL SIItVICES AND S[1PPLIES RENDERID Page 2 of 3 Corporate: 3107 SW Srd Avenue, Fort Lauderdale, FL 33316 Phone: +1 864-467-7404 Toll Free: 877-6b8-6328 Fax: 954-761-8768 Loeat/ons In - Southeast • GuII Coasf • Mld-Atlantic • Paclflc Northwest TERMS AND CONDITIONS (also available at httu://www.eovconsvs.com/termsaedconditions.htm) These terms and condition represent the final and complete restraint of princc�s, including, but not limited to, restraint by agreement of the parties, and no madification shall be binding local, state or federal authorities, or causes or any kind treyond upon Govemor Control Systems, Inc. ("GCS'� unless made in GCS' control, including, but not limited to, tropical storms, writing and signed and approved by an officer of GCS. No hurricanes, lightning or rain. modification of these terms shall be deemed made or accepted by GCS shipping goods or performing services following WARRANTY: GCS warrants that its parts and senrices are receipt of a purchase order or other documerrts containing provided in accordance with industry standards and parts terms and conditions additional to or in conflict with the terms suppliecl are free from defects in material and workmanship. and conditions herein. GCS does not agree to the acxident, Buyer or customer agree that the sole remedy for breach of indemnity, and insurance provisions, 'rf any, contained in the any warranty, e�ress or implied shall be limited, at GCS sole buyer's or customer's invitation or specifications, and in such discretion, to the replacement of parts, repair of parts, retum cases GCS accepts only such liability as is imposed upon GCS or crediting of purchase price, or referral of the claim to the by law and as limited by this contract. R�eipt of goods or original manufacturer for manufacturer's warranty review. senrices by the buyer or customer shall be deemed conclusive GCS makes no warranty and specifically disclaims all liability proof of irrevocable acxeptance of these terms and of the for design of any items supplied. THE FOREGOING conformity of the goods or services provid�; similarly these WARRANTY IS PION ASSIONABLE AND IS IN LIEU OF terms and conditions shall � deemed irrevocably acxepted AND SPECIFICALLY EXCLUDES ALL OTHER upon commencement of work by GCS at GCS' facility or at any WARRANTIES P10T ACTUALLY SET FORTH HEREIN, other Iocation. WHETHER EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHER1AlISE INCLUDING BUT NOT LIMITED TO GENERAL: GCS' contracts for fumishing repairs, parts and ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR services are solely on the basis of the insured limited liabilities FITNESS OR THOSE IMPLIED BY THE CONIMON LAW OF and specfic warranties set forth below. GCS shall not be liable BAILOR AND BAILEE. No agent or employee of GCS has for any injury or death resulting from its provision of repairs, authority to bind GCS to any other or expanded warranty, and parts or senrices, and the purchaser or customer agrees to any representation to that effect shall not be deemed to indemn'rfy, defend and hold GCS harmless for any such claims become a part of this corrtract and shall be unenforceable. brought against GCS by or on behalf of any person other than The specific warranty provided by this section shall be deemed a GCS employee. When GCS provides parts, repairs or expired and all right of the buyer or customer irrevocably services to any vessel, GCS shall not be liable, directly or wraived unless the claimed defect is submitted to GCS in indirectly, in contract, tort or othervvise, to the vessel's owmers, writing writhin sixty days of receipt of the relevant part or charterers, underwriters, lienholders or other party in irrterest senrice (or the redelivery of the vessel, whichever occurs first). for any damages to such vessel or to its appurtenances, cargo, This periad shall govem whether the alleg� defect is laterrt or equipmerrt or moveable stores, or for any consequence patent and shall not be deemed to be tolled or to arise at any thereof, unless such damage is caused solely by GCS' gross future time as a result of the discovery of a latent defect. negligence or intentional tort, and in no event shall GCS' Remedies for latent defects not discovered and submitted to aggregate liability under this contract (writh the excep�on of the GCS within the 60 day period shall be exclusively those � spec'rfic warraniy as set forth in "WARRANTYe below) exceed available from the manufacturer, 'rf any. All warranties are the sum of $50,000.00 or the value of the vessel, whichever contingent u�n, and do not arise until, full payment is received figure is the lesser. In no event shall GCS be liable for any by GCS, and the provision of repairs or replacement of parts consequential or special damages including but without by GCS shall not be deemed a waiver of this provision. limitation, for faulty or negligent design or manufacture, delay, loss of revenue, deterrtion, wharfage, demurrage, tug expense, FORUM AIdD CHOICE OF I.AW: This contract shall be pilotage, crew wages, salvage or loss of use. For all sales or deemed to have been executed and fully pertormed within in servic� provided, whether vessel related or non-vessel the State of Florida, and shall be irrterpreted and construed in related, GCS shall not be liable for incidental, special or accordanc� witfi and subject to the federal marifime law of the cons�uential damages or losses arising direcdy or indirectly United States (excluding its conflict of lawr rules) or, should no ftom the purchase and sale of goods or provision of services, such law exist on any particular issue, ttie laws of the State of or for any other cause, and GCS' sole liability shall be as set Florida, to the exclusion of the laws of any other state or forth under "warranty" below. The buyer or customer agrees to country. The prevailing party in any legal action shall be indemnify, defend and hold GCS harmless with respect to all awarded reasonable attorneys fees and costs. Moreover: (1) liabilities to all parties in interest exceeding the amounts herein for U.S. buyers or customers: any dispute arising under, in stated. connection with or inciderrt to this contract shall be litigated before either a federal court of competent jurisdiction lucated in FORCE MAJEURE: GCS shall not be liable in any event for the Southem District of Florida, or a state court of competent any loss, damage or delay caused by strikes, labor difficulties, jurisdiction locat� in the State of Florida, Courriy of Broward, accidents, delays in delivery of materials, acts of God, war, to the exclusion of the courts of any other state or country, and PI,F.A.cF NOTE THAT OUR CURRENT TERMS & CONDITIONS APPLY TO ALL SEBVICES AND SUPPLI�SS �ENDERID Page 3 of 3 Corparate: 3101 SW 3rd Avenue, Fort Lauderdale, FL 33376 Phone: +9 86A-487-7404 Toll Free: 977-668-6328 Fex: 864781-8788 Locat/ons In - Southeast • GuIP Coasf • Mld-Atlantic • Paclflc Northwest buyer or customer hereby irrevocably consent to the packing or labels. All retums must be acxompanied by a jurisdiction of such court; (2) for non-U.S. buyers and returned goads authorization number provided by GCS. GCS customers: any dispute arising under, in connection with or may place any account not paid within thirty days into the incident to this contract shall be referred to three persons at hands of attorneys for collection and the buyer or customer New York, New York, one to be appointed by each of the agrees to pay the reasonable fees and costs of the attomeys, parties hereto, and the third by the two so chosen; their without regard to whetlier suit is fil�i or arbitration decision or that of any iwo of them shall be final and, for the commenced. All paymerds must be made in Florida at 3190 purpose of enforcing any av�ard, this contract may be made a SW 4"' Avenue, Fort Lauderdale, Florida 33315 or by wire as rule of the court. Should a party fail to appoint an arbitrator set forth below. It is agreed that uvires are to be deemed within ten days of notice of demand for arbitration, the payments made in Florida. For payment for work done on or demanding party may appoirrt the second arbitrator with the materials fumished to any ves.sel, whether authorized orally, or same force and effect as 'rf appointment by the second party. by letter, or written contract, and whether GCS is the general Should the tvvo arbitrators be unable to agree on the contractor or a subcorrtractor, GCS looks to both vessel and appointrnent of a third arbitrator w+ithin 14 days after owner. appointrnent of the second arbitrator, the President of the Wlre Transfer: City National Bank of Florida Society of Mar'�ime Arbitrators, Inc. shall make the Fort Lauderdale, FL 33301 appointrnent upon the request of either party without further Accourn: 2005697395 ABA: 066004367 notice. The proceedings shall be conducted in accordance with the Rules of the Society of Maritime Arbitrators, Inc., VESSEL WARRANTIES: The vessel, its owners, charterers, including Section 2"Consolidation°. The arbitrators shall be undervvriters, lienholders, and all parties in interest, shall commercial men and not practicing attomeys. The arbitrators indemn'rfy and hold GCS harmless from all liability arising shall consider this Agreement an honorable engagement rather under any state or federal air or water quality statute or than merely a legal obligation; they are relieved from all judicial regulation unless the liability shall arise solely from the gross formalities and may abstain from following the strict rules of negligence or interrtional tort of GCS' own employees. Owners, law. The arbitrators shall award reasonable attomeys fees and or other parties in irrterest, warrant that a valid and current U.S. costs to the prevailing party. The parties irrevocably stipulate Coast Guard Certificate of Financial Responsibility (V1later to the jurisdiction of the United States District Court for the Pollution) (Form CG-5358-10) shall be kept in force at all times Southem District of New York for purposes of compelling while GCS is fumishing repairs, parts or services. arbitration or confirming an arbitration award. This stipulation shall not f� deemed consent to the jurisdiction of the courts of BUYER AND CUSTOMER'S RIGHT TO PURCHASE New York for any other purpose or evidence of any presence FURTHER WARRANTIES: Different or more extensive within New+York. With regard to petitions to compsl arbitration liabil'�ies will be accepted 'rf an agreement in writing stating the or to confirm an arbitration award, the parties cQnsent to nature and extent thereof is entered into before work is service of process by certifi� mail, certified irrtemational mail, commenced by GCS, and 'rf the price is adjusted to include the fax, e mail, Federal Express or DHL courier service to the cost of appropriate additional insurance. The terms contained parties at any of the addresses or other contact information set in this corttract or as set forth by an addendum thereto shall in forth in the GCS purchase order, quotation, or elsewhere in no way be irrterpreted to hold GCS as an insurer. this contract, and irrevocably waive and right to personal senrice of these documerrts. MISCELLAMEOUS: Nothing herein shall be deemed to PAYMENT AND PRICE: Prices quoted and product availability constitute a waiver of GCS' maritime lien. Invalidity of any one stated are valid for ten days only unless designated as firm for or more provisions of this contract shall not affect nor impair a specific other period in writing by an officer of GCS. the remaining provisions. This contract may not be changed Payment in all cases is net upon r�eipt of invoice, 1.5% per orally. month to be added to the invoice amount 'rf full payment is not received by GCS within thirty days of preserrtation of the Governor Control Systems, Inc. is an Equal Employment invoice. All retums (other than for defective goods under the Opportunity/Affirmative ACtion Employer. WARRANTY section hereofl shall be subject to a 25% restocking fee, consent to payment of which is hereby given by 07/12 customer or buyer, and no retums will be accepted for special order goods, goads supplied pursuant to an incorrect part number provided by the customer, or goods with damaged PLEASE NOTE THAT OUR CU�RENT TERMS & CONDITIONS APPLY TO ALL SIIiVICES e11�ID SiJPPLIES RENDEBED Page 4 of 3 Corporate: 3101 SW 3rd Avenue, Fort Lauderdale, FL 33315 Phone: +1 864�67-7404 Toll Free: BTT-B69-6328 Fax: 964-761-8768 Locatlons In - Southeast • Gulf Coast • Mid-Aflsniic • Paclfic Northwesf