HomeMy WebLinkAboutDocumentation_Regular_Tab 02_07/09/2015 Submit by Email Print Form
� VILLAGE CLERK'S OFFICE
�
AGENDA ITEM ROUTING SHEET .�'
Meeting Date: Meeting Type: Regular Ordinance #: N/A
July 9, 2015 Consent Agenda: Yes Resolution #: N/A
Originating Department: Manager
' �' • • • • - C - • • -�•
Per Village Ordinance we are presenting the following agreements, proposals, commitments and
memorandum of understanding to Council: See Attached List
� . . - .
Account #: Multiple Amount of this item: Multiple
Budgeted amount available: N � A Amount remaining after item: N/A
Budget transfer required: N Appropriate Fund Balance: N/A
' ' � ' •" .• • •� � • • .�- •.
Per Village Ordinance we are presenting the following agreements, proposals, commitments and
memorandum of understanding to Council: See Attached List
. -• • .
Department Head
Legal (for legal sufficiency)
Finance Director or Representative '
� � ; �� �
Reviewed for Financial Sufficiency [� ''����L
�,
�,
No Financial Impact � "
,�,
Village Manager:
Submit for Council Discussion: �
Approve Item: 0
Deny Item: n
� ' � • ' • n��1L``�ili li(oi �r1k<n�K�� �o�lf(��Y�➢�IOM �9nNi;e� ;�7Co��KcYo • — — • • — —
• — • • • — • • — • . • • . — • 1 liil(�°71���`� ; (oNnl IiynK�loilf)�
Form Amended: 10/30/14
Village Council Regular Meeting
July 9, 2015
ConsentAgenda
Per Village Ordinance we are presenting the following agreements, proposals,
commitments and memorandum of understanding to Council:
1. TLC Diversified Water Treatment Plant Renovation Change Order #2 - Replacing
old windows in control building with a 60 day extension. $0
2. TLC Diversified Water Treatment Plant Renovation Change Order #3 - Adjusting
final contract price to reflect unused contingency.
3. Crom Engineering & Construction Services Contract for inspection of water
storage tanks. $16,050.00
4. Simplex Grinnell Service Agreement - Village Hall sprinkler system repairs.
$967.14
5. The Handyman Contract - Renovation to Village Hall file room to create office
space. $4,580.00
6. Tveyes Licensing 1 year Agreement - Media monitoring service. $1,200.00
7. Wagner's Refrigeration & Air Conditioning Commercial Maintenance Semi-
Annual Agreement for the Water Treatment Plant. $90.00 Semi-Annually
8. Xerox Copier Purchase Agreement for Public Works -$1.00
9. Xerox 1 Year Maintenance Plan Agreement for Public Works - Print Charges
Only
10. Call A Doctor Plus/Cadrplus-Teladoc Customer Service Annual Agreement—
Telephone & Internet Physician Consultation Services. $531.25
CHANGE ORDER
No. 2
PROJECT: WTP Water Svstem Renovations
DATE OF ISSUANCE: 3/20/15 EFFECTIVE DATE: Unon Executioii bv last Partv
OWNER: Villa�e of Teauesta
OWNER's Conh�act No. NA
CONTRACTOR: TLC Diversified. Inc. ENGINEER: ARCADIS-US, Inc.
You are directed to make the followine chan�es in the Contract Documents.
Description: The addition if replacement windows for the old Control Bldg. This change order includes a 60 day the
extension to perform the work.
Reason for Change Order: Requested by Owner t0 replace inoperative existing windows some of which are located in newly
air conditioned space. The Contractor will be paid a lump sum amount of $7,513.00 for this additional work. The pa}nnent
will be made from the $50,000 Owner's construction contingency and will bring the totai contingency usage to $13,996.00.
Attaclunents: (List documents supporting change} Letter requesting time extension from Contractor.
CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES:
Original Contract Price Original Contract Times
Substantial Completion: 240 days 9/27/14
$530,518.00 Ready for final payment: 275 davs 11/1/14
Net changes from previous Change Orders No. = to No. = Net change from previous Change Orders No. = ,to No. _1
$ 0 1G0
da s
Contract Price prior to this Change Order Contract Times prior to this Change Order
Substantial Completion: 400 days 3/6/IS
$ 530.518.00 Ready for final pa}nnent: 435 davs 04/10/15
Net Increase (decrease) of this Change Order Net Increase decrease of this Change Order
$ 0 60 days _ -
Contract Price with all approved Change Orders Contract Times with all approved Change Orders
Substantiai Completion: 460 davs 5/5/15
$ 530 518.00 Ready for final payinent: 495 days 6!9//I S
days or dates
RECOMMENDED: APPROVED: E
BY���\�=-�'��2�� BY: ��_ BY�
Engineer (Authorized Signature) Owner (Authorized Signature) Contr ctor (Auth •ized Signature)
'' � z�� 15
Date : �� � � S' Date: �"/'��� f� Date:
—�—
'� ' }
.� �
Reese, William
From: Linwood Lee <LLee@ticdiversified.com>
Sent: Wednesday, March 18, 201512:41 PM
To: Reese, William
Subject: Window Proposal
Attachments: Window Proposal Fina{.pdf
Bill,
Attached is our proposal for the new windows in the maintenance building.
Notes--
No additional permits included in our cost.
TLC Diversified will require and additional 60 days be added to our contract upon approval of this
proposal.
Submittals not included, please see attached
Lead time of the windows is approximately 6 weeks after release.
Please confirm this is acceptable.
Linwood (Lin) �ee
Project Manager
7233 Southern Blvd., Suite B-1
West Palm Beach, FI. 33413
Office-561.478.2025, X-10214 � � �
Cell-561.719.1531
Fau-561.478.7159
www.ticdiversified.com
1
, • • �
�� �SQ 271917th Street East
Palmetto, Florida 34221
P-941.722.0621
F-941.722.1382
Proposal Submitted To:
Mr. William {Bill) Reese
Arcadis, Inc Date: Wednesday, March 18, 2015
2081 Vista Parkway Owner: Viliage of Tequesta
West Palm Beach, FI. 33411 Project: 7equesta WTP Improvements
We PROPOSE hereby to furnish material and labor complete in accordance with the specifications below for the lump sum amount of:
Seven Thousand, Five Hundered, Thirteen Dollars. $7,513.00
All materfal Is guaranteed to be as specifled. All work to be wmplMed in a Authorized /� -/ /
workllke manner aaording to starndard proctices. My aiteratbn or deviatton 4/�Y1�00Q 4LL
from speciflcatbm below InvoNing e�re wst wtll be ezeeuted onty upon Signature
wrltten orders, and wfll be come end exMa charge over and a6ove the
atimate. All agreements contingent upon sUlkes, accidents ordelays beyond
our eontrol. Owner to carry fire, tornado and otkwr necessery l�unnces. Our
worker:a�er�i�y�o�reabyworkm.��:com�r,:.cio�i�ur��. NOTE: ThisproposalmaybewithdrawnbyTLCDiversified,lnc.ifnot
accepted w(tyhin 30 days.
Bid Item Descriotio uanti Unit Unit xt nsion
1.0 Furnish/Install New Aluminum Windows 1.00 LS $7,513.00 $7,513.00
Note: No additional permits have. been included in this proposal.
Total Labor, MateNals, & Equipment $7,513.00
ACCEPTANCE OF PROPOSAL
The a6ove prices, specifications and consideratlon are satisfactory and are hereby accepted.
You are authorized to do the work as specified. Payment will be made as outlined above.
Signature
Date of Acceptance 5ignature
, • �• �
Last Modified Date: 3/18/201511:52:31 AM
PALM BEACH HURRICANE WINDOWS PO#
825 S MILI7ARY TRAIL Job Name:
WEST PALM BEACH, FL 334i5 3908 Job Address:
Phone# (561) 687•8332 Fax# (561 j 828-0607
Quote # 3528569
PGT QUOTE Sales Person:Craig Mihalko
Customer Village of Tequesta Water Plant
Account #
901 Old Dixie Hwy
Tequesta, FL
Phone# Fax#
ine # ttem Description Quantity � Line Pricing
1 SH700 WINGUARD SH SERIES 700 Ordered: 1 Sell Price Ext Price
$625.6'l $625.61
Configuration: 34 FL B/BRZ GG7/16 D D 1 tocation:
Size:: 53.125W x 50.625H (size code: 34) Size type:: Tip-To-Tip
Configuration:: Equal Lite Egress:: Does not meet Egress
Sash height:: 25.444 Frame type:: Flange
�rame color:: Br9nze Qutboard .cqlqr:; _8ronze
� Interlayer color:: Clear Inboard color:: Clear
Glass type:: 7/18" Lami (3/16 Ann -.090 PVB - 3J16 Ann) Colonial style:: No Colonial
Screen type:: 18x16 Charcoal Wdw Lock Type:: Sweep Latch
How meny locks:: 2 DP Calculated +: 64.00
pP CelCUlated -: 80.00 Certification#: 11-1013.14
FPA #: FL239 Label: U-Factor: 1.06
Label: SHGC: 0.52 Label: VT: 0.48
COG: VT (use for TuRle Code): 0.57 Energy Star: Does Not Qualify
Testing/Certificatlons to be used for permft: Miami-Dade Anchorage Type:: i/4" ELCO Tapcons
NOA ( in HVHZ }
Substrate: Concrete
t SM00 WINGUARD SH SERIES 700 Ordered: 2; $ell Price Ext price
� $369.78 $739.56
Configuratfon: 23 FL B1BRZ GG7/16 D 1 l.ocation:
Size:: 37.00W x 38.375H (size code: 23} Size type:: Tip-To-Tip
Conf(guration:: Equal Lke Egress:: Does not meet Egress
Sash height::19.32 Frame type:: F(ange
Frame,golor;: Bronze OutbAard co,lorr,�Bronze
IMerlayer color:: Clear {nboard color:: Clear
(31ass type:: 7fi6" Lami (3/16 Ann -.090 PVB • 3/76 Ann) Colonial style:: No Cofonial
Screen type:: 18x16 Charcoai Wdw Lock Type:: Sweep Latch
How meny locks:: 7 DP Calculated +: 64.00
DP Ca�ulated -: 80.00 Cert'rfication#: 11-1013.74
FPA #: FL239 Label: U-Factor: 1.Ofi
l.abel: SHGC: 0.52 Label: VT: 0.48
COG: VT (use for Turtle Codej: 0.57 Energy Star: Does No1 Qualify
Quote # 3528589
Print Date 3/18/2015
Page 1 of 4
. ' , ` 1
Testing/CerUfications fo be used for permit: Miami-Dade Anchorage Type:: 1/4" ELCO Tapcons
NOA ( in HVHZ )
Substrate: Concrete
1 SH700 WINGUARD SH SERIES 700 Ordered: 1 Sel{ Price Ext price
$280.49 $290.49
Configuration: 14 FL B/BRZ GG7/16W D 1 Location,
Size::19.125W x 50.625H (size code:l4) Size type:: Tip-To-Tip
Configuraiion:: Equai Lke Egress:: Does not meet Egress
Sash height:: 25.444 Frame type:: Flange
FF�me color::.Bronze Outboatd colorc:.Bronze
IMerl�yec.�olor:; White Inboard color:: Clear
Glass type:: 7l16" Lami (3/16 Ann -.090 PVB - 3/16 Ann) Cobnial style:: No Colonial
5creen iype::18x16 Charcoal Wdw Lock Type:: Sweep Latch
How many locks::1 DP Ca�u{ated +: 64.00
DP Calculated -: 80.00 Cert'rfication#: 11-1013.14
FPA #: FL239 Label: U-Factor: 1.06
Label: SHGC: 0.52 Label: VT: 0.48
COG: VT (use for Turtle Code): 0.57 Energy Star: Does Not QualHy
TestingtCertifications to be used for permft: Miami-Dade Anchorage Type:: 1/4" ELCO Tapcons
NOA { in HVHZ )
Substrate: Concrete
1 SH700 WINGUARD SH SERIES 7Q0 Ordered: 1 II Pr Ext Price
$546.99 $546.99
Configuration: 25 FL B/BRZ GG7l18 D 1 Location:
Size:: 37.00W x 63.00H {size code: 25) Size type:: Tip-To-Tip
Coniiguration:: Equal Lite Egress:: 5.874
Sash height:: 31.632 Frame type:: Flange
Freme color:: Bronze Outboard:cplarsa.Bronze
IMedayer cofor:: Clear Inboard color:: Ciear
Glass type:: 7/16" Lami (3/16 Ann -.090 PVB - 3/16 Ann) Colonial style:: No Colonia!
Screen•type:: 18x16 Charcoal Wdw Lock Type:: Sweep Latch
How many locks:: 1 DP Ca�ulated +: 64.00
DP Calculated -: 80.00 Certfficatbn#: 11-1013.14
FPA #: FL239 Label: U-Factor: 1.06
Label: SHGC: 0.52 Label: VT: 0.48
COG: YT (use for Turtle Code): 0.57 Energy Star: Does Not Qualiiy
Testing/Certifications to be used for permit: Miami•Dade Anchorage Type:: 1/4" ELCO Tapcons
NOA ( in HVHZ )
Substrate: Concrete
1 SH700 WINGUARD SH SERIES 700 Ordered: 1 Sell Price Ext Price
$459.05 $459.05
ConHguration: 24 FL BBRZ GG7/16 D 1 Location:
Size:: 37.00W x 50.625H (size code: 24) Size type:: Tip-To-Tip
Configuration:: Equal Lite Egress:: Does not meet Egress
Sash height:: 25.444 Frame type:: Flange
° Frame coiot:::Bro,nze Outboard colo[:: Bconze
InteNayer color:: Clear Inboard cobr:: Clear
Glass rype:: 7/16" L.amf (3/16 Ann -.090 PVB - 3/16 Ann) Colonial style:: No Colon(al
Screen type:: 18x16 Charcoal Wdw Lock Type:: Sweep Latch
How meny locks:: i DP Caiculated +: 64.00
DP Galculated -: 50.00 Certfflcatbn#: 11-1013.14
FPA #: FL239 Label: U-Factor:1.06
Label: SHGC: 0.52 Label: VT: 0.48
COG: VT (use for Turtle Code): 0.57 Energy Star: Does Not Qualiiy
Testing/Certifications to be used for permit: Miami-Dade Anchorage Type:: 1/4" ELCO Tapcons
NOA ( in HVHZ )
Substrate: Concrete
Quote # 3528569
Print Date 3/18/2015
Page 2 of 4
�� 1 ' SH700 WINGUARD SH SERIES 700 Ordered: 2 Sell Price Ext Price
$345.11 $680.22
Conflguretion: H34 FL BBRZ GG7t16 D 1 Locatton:
Size:: 26.50W x 50.625H (size code: H34j Size type:: Tip-To-Tip
Configuration:: Equal Llte Egress:: Does not meet Egress
Sash height:: 25.444 Frame type:: Flange
Frar� colot;: Bronze Outboard:color;: Bronze
lnterlayer color:: Clear Inboard color:: Ciear
Giass type:; 7/16" Lami (3/16 Ann -.090 PVB - 3h6 Ann) Colonial style:: No Colonial
Screen type:: 18x16 Charcoal Wdw Lock Type:: Sweep Latch
How many locks:: 1 DP Calculated +: 64.00
DP Calculated -: 80.00 Cert�icatbn#: 11-1013.14
FPA #: FL239 Label: U-Factor: 1.06
Label: SHGC: 0.52 Label: VT: 0.48
COG: VT (use for Turtle Code): 0.57 Energy Ster: Does Not Quality
Testing/Certifications to be used for permit: Miami-Dade Anchorage Type::1/4" ELCO Tapcons
NOA ( in HVHZ )
Substrste: Concrete
1 MULL MULL BARS Ordered: 2 Pri Ext Prlce
$63.96 $127.92
Configuration: 48.625 4-HI BRONZE 1 X 2.75 X.650 Location:
For Brand: WinGuard Aluminum Mull Type:1 x 2 3/4 x.650 Mull
Commodity size code: 4- Hi Cusiom Mull Size: 0
Muil Golors: Bronze
1 MULL MULL BARS Ordered: 4 Sell Price Ext Price $8,00
$2.00
Conflguration:1X2.75 CLIP EA Location:
For Brand: WinGuard Aluminum Custom Mull Size: 0
Clip Angles & U-Channel: 1 x 2.75 x.650 Mull Clip Each: Yes
1 Installatlon Labor Replacement Installation of Windows Orclered: 1 Pri Ext Price
and/or poors $1,500.00 $1,800.00
Conflguretion: Location:
Total Products Ordered
Installation Labor
Replacement:l
MULL: 6
SH700: 8
Sell Discount: $0.00 0.00%
TOTAL SALE AAAT: $5,287.84
TOTAL CUSTOMER TAX: $0.00
NET SALE AMOUNT: $5,287.84
Quote # 3528569
Print Date 3/18/2015
Page 3 of 4
50% Deposit required on all installed orders and 100°/a deposit on material only orders.
THIS ESTIMATE/QUOTE IS CONFIDENTIAL INFORMATION AND iS NOT TO BE SHARED WITH ANYONE
INCLUDIlVG COMPE7ITION, ONLY THE INTENQED RECIPIENT. Please caH 561-687-8332 for any questions. All
quotes valid for 30 days. Fieid verification will be required by a field technician after acceptance of quotation.
CURRENTLY MOST DELIVERIES ARE TAKING 3 to 4 WEEKS. Pafnting, plastering, stucco, window sills, carpet, tile
floors, watipaper, and wood paneiing etc. around window openings are not covered items by installation charges if
included with this quote. Installation includes removal of old windows, instaliation of new windows, caulking, all
installation hardware required by code, and disposal of old windows. Permit, engineering and Notice of
Commencement charges are additional, plus one time processing fee of $125.00. NEW EPA LAWS ARE IN EFFECT
FOR HOMES BUILT BEFORE 1978, THESE LAWS REQUIRE CERTAIN LEAD PAINT SAFE WORK PRACTICES
AND WILL ADQ ADQITIONAL LABOR COSTS TO PROJECT. WE RECOMMEND HAVIfdG LEAD PAINT TESTING
DONE, IF NEGATtVE, THIS RULE WILL NUT AFFECT YOU.
Quoie # 3528569
Print Date 3/18l2015
Page 4 of 4
Aluminum Single Hung Window
WinGvard Series 3H700
� WinGuarcJ brand refers onty to those products that ars glazed with PGT laminated g/ass. .500
Monolithic glaz(ng does not provide hurricane protecHon. 1.36 3 -�
SpeclNcations:
• Window members are extruded from a minimum of 6063-T5 aluminum alloy
• Frame members have a nominat depth of 2'ti"
• Frame and sash interlock
� Finish is white or bronze
• Glazing is exterior
• Locking hardware is deluxe swivel type
• Bafance system is spiral type
• Screens are fitted at time of assembty
Opllons:
• °tie" laminated glass
•'/,�' laminated glass
� t3 I18� laminated insulating glass
• Heat strengthened giass
• Clear or white interlayer
• Double applied cofoniat muntins
• Raised and low ogee
• Colonial insulating m�lntins/GBG
• Popular glass tints
• Pro-View (Oriel style) �
• Radius top
• Bottom sash locks
• Siainless steel assemby screws 2.618
• 3�h" high rise sill WINDOW
•'h" flange frame HEIGHT
• Nail fin frame
• Low-E
• Premlum frame color is Gear anodize
Notes:
• Tested forced entry resistance to AAMA 1302.5-1976
Paragraph 3.1.1 test A through 3.1.5 test G
• Deglazing tested to ASTM E987
• Tested water resistance to ASTM E5471E334
• Tested air infiltration to ASTM E283
• Test reports available upon request
• Miami-Dade County approved (see approval for specific order options)
Flange Frame:
• Windows are tested in accordance with PA/TAS 201, 202, 203 speafications
Nail Fin Frame:
• Windows are tested in accordance with AAMAtWDMA/CSA 10111.S. 2/A440-05
and PA/TAS 201, 202, 203 speciflcations and ASTM E 1886, 1996
Clear opening formula for egress:
Clear opening width = window width - 3.500"
Clear opening height =
WinGuard with EZ Llit balance and 2.830" sfll =(window height / 2) - 6250" 2 9g6
WinGuard with Ultra-Llit balance and 2.830" sill =(window height / 2) - 7.674"
WinGuard with EZ Lift balance and 3.446" sill =(window height / 2) - 7.243"
WinGuard with Ultra-Lfft balance and 3.446" sill =(window height / 2) - 8.618"
'Calculate from tip to tip window size. � 2.784
Nail fln windows - add 1" to width and height of window daylight opening then use formulas above.
Note: PGT reserves the right to chanpe material design and/or construction wfthout notice or Ilabtl(ty.
500
�
2. 10 � � d
J.__.�
1.749 1.748
2.438 ,.,_2.438
WINDOW WID7H
� _ � June 2011
Aluminum Single Hung Window
WinGvard s Series SH700 Frame Assembly
U V 1
� 9 LO
il
9
B
13
14
7
8
� . 6 �t
i
• � �
4 ., 12
5
2
�i►�
Nail Fin Frame Detail
� ,.,�
� ,.�
3 z.»o �
� A ��j � HEAD
Y �
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s.oie
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Figure No. Description Figure No. Description iTM� "� '''�
�� —�
STANDARD HEIOHT &ILl NIGH SILL
1 Freme head 8 Balance
2 Frame jamb right 9 Screen Frame
3 Frame sill 10 Screen spring
4 Frame jamb left 11 Screen corner key
5 Fixed meeting rail 12 Screen comer key with ring
6 Sash assembly 13 Screen spline
7 Sash stop 14 Screen mesh
� _ 2 June 2011
Aluminum Single Hung Window
WinGvard Series SH700 Sash Assembly
8
�� �
� �
�
9
.
. �
3 �
5
10
�
� . 13 6
' 12
.
il
2 4
.
�
15 16 17 14 �
Figure No. Description Figure No. Description
1 Sash top rail 10 Sash bottom rail cover left
2 Sash bottom rail 11 Sash bottom rail cover right
3 Sash side rail left 12 Sill latch
4 Sash side rail right 13 Sil1 fatch spring
5 Horizontal bead 14 Bulb weatherstrip
8 Vertical bead 15 Colonial insulating muntin
7 Sweep latch 16 Double applied muntin .
8 Sash cam guide left 17 Raised and low ogee
9 Sash cam guide right
1- 3 June 2011
CHANGE ORDER
No. 3
PROJECT: WTP Water S stem Renovations
DATE OF ISSUANCE: 6/2/I S EFFECTIVE DATE: Unon Execution by last Partv
OWNER: Villa�e of Tequesta
OWNER's Contract No. NA
CONTRACTOR: TLC Diversified. Inc. ENGINEER: ARCADIS-US, Inc.
You are directed to make the followine chan�es in the Contract Documents.
Description: Final balancing Change Order
Reason for Change Order: To adjust final contract price to reflect unused contingency. This CO also formalizes the prior
approval in the amount of $6,829 to purchase several furniture and shop items (see attached backup).
CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES:
Original Contract Price Original Contract Times
Substantial Completion: 240 davs 9/27/14
$530.518.00 Ready for fmal payment: 275 davs 11/1/14
Net changes from previous Change Orders No. = to No. = Net change from previous Change O►•ders No. = to No. = 1
$ 0 16Q
da s
Contract Price prior to this Change Orde►• Contract Times prior to this Change Order
Substantial Completion: 400 days 3/6/15
$ 530.518.00 __ Ready for final payment: 435 davs 04/10/15
Net (decrease) of this Change Order Net Increase decrease of this Change Order
$ 29 175.00 60 da s
Contract Price with all approved Change Orders Contract Times with a11 approved Change Orders
Substantial Completion: 460 days 5/5/15
$ 501 343.OQ Ready for final payment: 495 days 6/9//15
days or dates
RECOM APPROVED: A T .
By: __ By:
Engineer (Authorized Signature) Owner (Autho�ized Signature) C�b•� r(Au�rized Signature)
Date : � I� � � � Date: l.�' �i �`�. _ __ Date: � 1
.- �-�
Reese, Wiiliam
From: Reese, William
Sen� Monday, April 20, 2015 3:19 PM
To: Linwood Lee (LLee@ticdiversified.com)
Subject: FW: Tequesta Items
lin
Please proceed with this. You may invoice $6829 against the contingency when the.products are received by the Viilage.
Please include a copy of this emaii with the pay request this is invoiced under. .
Thanks. "
Bill � �
�. ..._-----____._____-----....._--- --____._,__ .................. ..._..___...__,___.__vr____�._ .._.__.,_..�.___.__....___..�._..___.__ ..,___....._._._�.
From: Heady, Samuel fmailto:sheady�uestaa oral
Sent: Monday, April 20, 2015 3:11 PM
To: Reese, William
Subject: RE: Tequesta Items
Yes, please move� it forward.
Thanks!
Sam Heady
Depufiy Director of Utilities
Tequesta, FL
Cell: 561-722-1167
Email: sheadyCa�teauesta.orp
"Plan your work for safety"
� �. _..w___..__.___._.___, _.__.. __ _- - __.__ �_ __ _._ ........_���..___.._.______..... __...----..,_..._..�_.___ _ _.__._.---__._.___..._.�._. __.. _ ___._.--
From: Reese, William �mailto:William.ReeseCa�arcadis-us.coml
Sent: Monday, April 20, 2015 3:07 PM r
To: Heady, Samuel
Subject: FW: Tequesta Items
Sam
See below. This is for purchasing the equipment you requested for the shopjoffice. Mike has blessed usage of the
contingency in the past before I have authorized. I just need someone to tell me to proceed with this before 1 direct the
contractor to proceed and invoice against the contingency.
Thanks.
1
. Bill �
.. ._ . . _ _.. . ._. _ . ._. . . _ . . .. .. . . . .. . .. _. . _
From: Linwood Lee fmailto:LLee(alticdiversified.coml
Sent: Monday, April 20, 2015 2:58 PM
To: Reese, William
Subject: RE: Tequesta Items
Sorry Bill
That does include our markup.
Linwood (Lin) Lee
Project Manager
7233 Southem Blvd., Suite B-1
West Palm Beach, FI. 33413
Office-561.478.2025, X-10214
Cell-561.719.1531 �
Fax-561.478.7159 �
www.ticdiversified.cam
,_ _ _... ._....___..,___.___.___.__
_� ------_.._..._�.----------------_-__�_---------__ __ _------�-- ------- - -
From: Reese, William [mailto:William.Reese�a arcadis-us.com] �
Sent: Monday, Apri! 20, 2015 2:58 PM
To: Linwood Lee
Subjact: RE: Tequesta Items
Lin
Does it include your mark up so that it is a total price?
Bill
From: Linwood Lee fmailto:tLeeC�ticdiversified.com] __..._._.�_.._.._._._...__._..._...�__-----,--_ ___._._ ____.______w...__
Sent: Monday, April Z0, 2015 1:19 PM
To: Reese, William
Subject: Tequesta Items
Importance: High
Bill,
The additional cost for the items will be $6,829.00
This includes alt freight, tax, equipment costs.
This does not incfude installation or assembly.
Please confirm this is acceptable and I can have everything within 10 working days.
z
. : • t
• Linwood (Lin) Lee
Project Manager
7233 Southern Blvd., Suite B-1 .
West Palm Beach, FI. 33413
Office-561.478.2025, X-10214 .
Cell-561.719.1531
Fax-561.478.7159
www.ticdiversified.com
This email has been scanned for email related threats and delivered safely by Mimecast.
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3
. �
Reese, William
From: Reese, William
Sent: Friday, April 17, 2015 4:04 PM
To: Linwood Lee (LLee@ticdiversified.com)
Subjecfi FW: Items to be added to the Project
Attachments: CCE04132015.pdf
Lin
As discussed. Please ignore anything associated with the fiber items.
This is one of two emails on this.
Thanks.
Bill
From: Heady, Samuel [mailto:sheadyCa�tequesta.ora] �
Sent: Monday, April 13, 2015 10:56 AM
To: Reese, William
Cc: Heady, Samuel
Subject: Items to be added to the Project
Bill,
Here are the other items that will need to be added to the project. If you deem ifi as a part of the
project we can use fihe contingency to pay for these items. The fiber is a big piece of the project but is
needed.
The contractor will need to purchase these items and install the fiber.
Let me know what I can do to help?
Thanks!
Sam
This email has been scanned for email related threats and delivered safely by Mimecast.
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Home > All Products > Sheiving, Bins and Storage > Wire Shelving > Black Wire Sheiving ��
B1ack Wire Sh�iving Unit - 72 x 3b x 8b"
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NSF certifled.
Optional 5" potyurethane Swivel Siem Gasfier
add b" to height.
Add-on Units Wire Ag ccessories
Additional Sheives and Posts availabie.
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H-242&86 72 x 36 x 86" � 650 �5379 $3G9 170 �i� �
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http:/Iwww.uline.com/Product/Detail/H-2428-86/Wire-SheivingBlack-Wire-Shelving-Unit-72-x-36-x-86 4/13/201 S
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Home > All Products > Wareht�use Supplies / Equlpmen# > Packing Tabies > Mdushial Packing Tables
Packing Tab1e - 9b x 30", Maple Top
Customlze your work area with these heavy dut
packing tables, �
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Pa�ckins� i'oble Accessories and ReaEacemer
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MODE4 i DIMENSIONS ; yy�, PRIt� EACH �( ApD TO
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http://www.uline.com/Product/Detail/H-2484-MA.P/Packing-Tables/96=x-34-Maple-Top-Packing-Table 4/] 3/201 S
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Home > All Products > Warehouse Suppiies / Equipment > Packing Tables > Packing Tabie Accessortes
Packing Tabie Leg Height Extenders - Set of 6
� t.� Raise table fo comfortable working height.
� "�"��;;� � ` Ad�ustable #rom 351 /2" fo 43" in i � /2"
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Compatible wlth 9b" Industriaf Packing Tabis
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MODEL DESCRIP'IION �• ��/ �D TO
NO. � � c�•) � SET CART
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± Add�ionai Info Ematl e Request a Cataio4
mp://www.uline.comlAraduct/DetaiUH-4835lFacking-Tables/Packing-Table-Leg-Height-Extenders-Set-of-6 4/l3/2015
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Reese, William
From: Reese, William
Sent: Friday, April 17, 2015 4:05 PM
To: Linwood Lee (LLee@ticdiversified.com)
Subject: FW: Items
Attachments: CCE04172015 0001.pdf
Emai( two oftwo
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Prom: Heady, Samuel (mailto:sheadyCa�tequesta.org]
Sent: Friday, April 17, 2015 2:04 PM
To: Reese, William �
Subject: Items
This is the rest of what is needed for the work area.
This email has beeri scanned for email related threats and delivered safely by Mimecast.
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1
'4Ji7/ZOi5' , Closed �elf Bin Org anizer - 36 x 12 x 75" with 6 x 12 x 5" Blue Bi� H-4919BLU - Uline
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Closed Shelf Bin Organizer - 36 x 12 x 75" with 6 x 12 x 5" Biue Bins
Super tough storage for your heaviest perts cnd
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• Polyslyrene drawera are chemica! resistant and
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Home > All ProtluCts > Male�fd Handlinp � Cdris � Utine Weidetl S1ee1 Ca�1s
U1ine Welded 3-Sheff Steel Cart - 42 x 24 x 35"
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Mome � Ail ProduUS > Cutting Tools & Metalworking > MeCahvorking Machinery & Equipment y Bench Grinders s 8"Dia 115V 1.0 HP 01sc Bench Gr3...
8"Dia 115V 1.0 HP Disc Bench Grinder
Fesfienal Part No (SKU) 0953633 WI�lesale: �384.84 / each
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In-stock Alternative Products
No Ia-sbodc Albemstives fou�d.
Please Contatt yaur local Fascenai stare about alternative ftems for thts product or ►etum to 8ench Gr�nders for s�nfier items.
Praduct Detaiis
Cot�llance: �� Catalag:
�p�� 1 0� 86V11, Page 17-193
Grinder, Wheei Guards, Spsrk Guerds, Tool Rests, Fine and Goarse Grinding Wheels
CoMract CMUtog Ibtm: Y
Dlptl�: 10" '
Haf9t1� 12-SJ2"
liorsepovvar: 1.0
5p�ed: 3450 rpm
Style: pisc
7 'YPa 6e�ch Grinder
Voltaya: 115
Whse! DlameEer: 8"
Wiatlf: 19"
P+'aduet Weight: 54 �s.
Notes:
The JET� 8 In, industrial bench qrinder ls one of our most popular bench gnnders with totaily
endosed, pre-lubricated bail bearings, cast iron wheei guerds, dust vents, lerge eye shields,
and adjustable tool resks. It is UL Listed and one oftlie safest yet powertul tools on the
market.
• UL LisYed and one of the safest, powertul tools on the market
� Bai{ bearinga arc totaMy endosed and pre•lubrkated
• Henvy-dutyguarded toggle switch on 8 In. and lp In,
4/95�2a15, • 8" x5J8" AH 0.014" C/S Crirrped NarrawFacelM� � Fasten�
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Home > All Products > Abrasives > Brushes aad Deburring Products > Wire Wheels > S" x S/8" AH 0.014" CJS Crimped Narrow Face wheel
8" x 5J8" AH 0.014" C/S Crimped Narrow Face Whee!
���� ra�ena� part No. (5rtu�: 5i38-oii75 Whoiesale: $48.84 / each
ManufacOUPer P�K No.: 01175 Sign in to tiew customerspecifi�
UWSPSC : 31191521 pridng.
Manufac4rrer: WEILERCORPOitA7I0td
Catagoty: Quar�Lity;
Abrasives > Brushes and Deburring Produtts > Wire
Wheefs �
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Availabilitya
Shipping: Leaves indianapo8s
warehouse wfthih 24 hours
Show Invenkory Availebilky for my
bCal Fastenai store
In-stack Aifiernative Praducts
No In-stock AtLernativef found.
Please rnntact your local fastenai store about alternative iterr� For tMis product or returA to Wire Wheels for simifar kems.
PrOduct DCtails
C'ompUar►�: e Catalog:
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Brush Matierial: Carbon Steei
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Wameber: 8"
FaceType: NaROw Face
Face Widlh: 3/4"
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TrinibJs heayrdulyAlwnfnum Siool with casters is ideal for Iaboratoryorgarage purposes and rolls smoottilyacross various surfaces. With its solitl aluminum seat
constructlon, tt�e wo�ic stoo� can reslst arry dents. Its 399 degree swlvet seat makes it to mar�euuer.
• Chrome plated pt�eumeticand legs
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SPEClFICAT�C?NS
DMAENSIONS
Assemhled Depth (in.j 14.63 in Produd0epth (in.) 14.83
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Aaaembled Height (�.) 28 in ProGu�t Height (in.} y8
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SPECiFICATIONS
0lMEN810NS
Asaembled {1eP� (M.) 26.251n ProdudVYidth (in.) Aq
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A�semWed Height (in.y 20.5 in Seat Depth {in.) 14
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VILLAGE OF TEQUESTA
CONTRACT FOR INSPECTION OF WATER STORAGE TANKS
THIS CONTRACT is entered into, and effective, this day of June, 2015, by and
between the VILLAGE OF TEQUESTA, FLORIDA, a municipal corporation with offices located
at 345 Tequesta Drive, Tequesta, Florida 33469, organized and existing in accordance with the
laws of the State of Florida, hereinafter "Village"; and CROM ENGINEERING &
� CONSTRUCTION 5ERVICES a Florida corporation with offices located at 6801 South
Archer Road, Gainesville, Florida 32608, hereinafter "Contractor".
WITNESSETH
The Village and the Contractor, in consideration of the mutual covenants contained herein
and for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged by both parties, hereby agree as follows:
1. SCOPE OF SERVICES: The Village and the Contractor both hereby agree to
enter into this Contract for Inspection of Water Storage Tanks, whereby the Contractor shall
inspect and provide inspection reports for the Village's three (3) water storage tanks. Pursuant to
the Contractor's May 21, 2015 correspondence, attached hereto as E�hibit A, the Village is
authorized to piggyback on the Contractor's current contract with the City of West Palm Beach,
Contract No.12558, which was originally procured by the City of West Palm Beach in accordance
with procedures that comply with the Village's procurement requirements. City of West Palm
Seach, Contract No. 12558 is attached hereto as Exhibit B and is hereby incorporated into this
Contract as if fully set forth. ,
2. COMPENSATION: Pur`suant to Exhibits A and B, and in consideration for the
above Scope of Services, pricing is as follows:
0.011MG Effluent Storage Tank -$5,850.00 in accordance with pricing line item 1.1 of Exhibit B;
0.75 MG GST -$4,800.00 in accordance with pricing line item 10.2 of Exhibit B;
2.0 MG GST -$5,4aa.04 in accordance with pricing line item 5.2 of Exhibit B.
The Village shall pay the Contractor within thirty (30) days of receipt of all final inspection reports,
and an invoice documenting the amount due, in accordance with Exhibit A.
3. INSURANCE AND INDEMNIFICATION: The Contractor shall provide proof
� Page 1 of 4
of workman's compensation insurance and liability insurance in such amounts as are specified on
Exhibit B, shall name the Village as an "additional insured" on the liability portion of the
I insurance policy. The Contractor shall -at all times indemnify, defend and hold harmless the
Village, its agents, servants, and employees, from and against any claim, demand or cause of
action of whatsoever kind or nature, to the extent arising out of negli�ent error, ne�gent omission, �
negligent act, ne h�,_�ent conduct, or misconduct of the Contractor, his/her agents, servants, or
employees in the performance of services under this Contract.
4. PUBLIC ENTITIES CRIMES ACT: As provided in Sec. 287.132-133, Florida
Statues, by entering into this Contract or performing any work in furtherance hereof, the
Contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will
perform hereunder, have not been placed on the convicted vendor list maintained by the State of
Florida Department of Management Services within thirty-six (36) months immediately preceding
the date hereof. This notice is required by Sec. 287.133(3)(a), Florida Statutes.
5. TERMINATION; NOTICE: This Contract may be terminated by either party
upon five (5) days written notice to the other party, in accordance with Exhibit B. Notice shall be
considered sufficient when sent by certified mail or hand delivered to the parties at the following
addresses:
Village Contractor
I Village of Tequesta Crorn Engineering & Construction Services� �
345 Tequesta Drive 6801 SW Archer Road
Tequesta, Florida 33469 Gainesville, Florida 32608
Attn: Director of Utilities Attn: Jeffrey Malpass, President
6. INDEPENDENT CONTRACTOR: It is specifically understood that the
Contractor is an independent contractor and not an employee of the Village. Both the Village and
the Contractor agree that this Contract is not a contract for employment and that no relationship of
Employee/Employer or Principal/Agent is or shall be created hereby nor shall hereafter exist by
reason of the performance of the services herein provided.
7. ATTORNEY'S FEES: In the event a dispute arises concerning this Contract, the
prevailing party sha11 be awarded reasonable attorney's fees, including fees on appeal as mav be
awarded bya Court or Arbitor on a claim under this Contract. �
Page 2 of 4
8. CHOICE OF LAW; VENUE: This Contract shall be governed and construed in
accordance with the laws of the State of Florida, and venue shall be in Palm Beach County should
any dispute arise with regard to same.
9. AMENDMENTS AND ASSIGNMENTS: This Contract, all Exhibits attached
hereto, and required insurance certificates constitute the entire Contract between both parties; no
modifications shall be made to this Contract unless in writing, agreed to by both parties, and
attached hereto as an addendum to this Contract. The Contractor shall not transfer or assign the
performance of services called for in the Contract without prior written consent of the Village.
10. INSPECTOR GENERAL: Pursuant to Article XII of the Pa1m Beach County
Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters,
review and audit municipal contracts and other transactions, and make reports and
recommendations to municipal governing bodies based on such audits, reviews or investigations.
All parties doing business with the Village shall fully cooperate with the inspector general in the
exercise of the inspector general's functions, authority and power. The inspector general has the
power to take sworn statements, require the production of records and to audit, monitor,
investigate and inspect the activities of the Village, as well as contractors and lobbyists of the
Village in order to detect, deter, prevent and eradicate fraud, waste, mismanagement, misconduct
and abuses.
11. PUBLIC RECORDS: In accordance with Sec. 119.0701, Flo�ida Statutes,
Contractor must keep and maintain this Contract and any other records associated therewith and
that are associated with the performance of the work described in the Scope of Services. Upon
request, Contractor must provide the public with access to such records in accordance with access
and cost requirements of Chapter 119, Florida Statutes. Further, Contractor shall ensure that any
exempt or confidential records associated with this Contract or associated with the performance of
the work described in the Scope of Services are not disclosed except as authorized by law. Finally,
Contractor shall retain the records described in this paragraph throughout the performance of the
work described in the Scope of Services, and at the conclusion of said work and upon request,
transfer to the Village, at no cost to the Village, all such records in the possession of Contractor and
destroy any duplicates thereof. Records that are stored electronically must be transferred to the
Village in a format that is compatible with the Village's information technology systems.
Page 3 of 4
IN WITNESS WHEREOF, the parties hereto have executed this Contract the date and
year first above written.
WITNESSES: CRO� ENGIN RING & CONSTR�JC i lON
� SE VI S
P� '
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I e r y� alpass, CE S Divisio� Pa�rsir�e�t
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President, & Assistant Secretarv �
• (Corporate Seal)
VILLAGE OF TEQUESTA
���
ATTEST: Mic ael Couzzo, Village Manager
,�� etc i o i � arrrii
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Lori McWilliams, MMC� _ � ���R
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Town Clerk r�:, ���'C�r9�s� :�:
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Page 4 of 4
, . Exhibit A
Revised May 21, 2015
PROPOSAL #15-109
DIVE INSPECTION and REPORT
.11,000 GALLON CAST-IN-PLACE CONCRETE CLEARWELL
0.75 MG GROUND STORAGE TANK AND 2.0 MG GROUND STORAGE TANK
VILLAGE OF TEQUESTA
TEQUESTA, FLORIDA
Crom Engineering and Construction Services (CECS) proposes to provide inspection services
for the cast-in-place concrete tank and two prestressed concrete tanks, in accordance with all
applicable codes and standards including OSHA, AWWA, ACI and standard concrete tank and
prestressed concrete tank design to meet the requirements of Florida Administrative Code 62-
555.350.
1. REQUIRED DATA
Prior to starting work, CECS will gather all applicable data required to review the service
life of the aforementioned storage tanks including any available computations, detailed
drawings, and specifications.
2. COMMENCEMENT AND COMPLETION
Upon your execution of this proposal, we will proceed according to a mutually agreed
upon schedule determined between the owner and CECS, after a notice to proceed is
issued by the owner; and will undertake to furnish sufficient labor, materials, and
equipment to complete the inspection in a working time of approximately three days and
to transmit the subsequent written Inspection Report approximately six weeks after the
inspection.
This proposal is based on the assumption that the weekly working hours of 7:OOam -
5:OOpm from Sunday - Saturday are permitted and that all work can be completed during
one mobilization.
In the event that we cannot start the job by August 1, 2015 because of delays of any
nature which are caused by the owner or other contractor employed by him and over
which we have no control, the contract price may then be renegotiated to reflect any
increased costs.
CROM ENGINEERING � CONSTRLJCTI�N SERVICES
: E801 SW Archer Road ■ Gainesville. Flori.da 32608 ■ 352-548-3349 ■ Fax: 352-545-3449
A Oivision of Crom, LLC
i
#15-109 — Underwater Inspection and Report - 3 Tanks May 21, 2015
The Village of Tequesta, FL Page 2
3. INSURANCE
We hereby certify that we have compiete Workers' Compensation Insurance, and that we
carry adequate Liability and Property Damage Insurance as well as Builders' Risk
Insurance. A certificate will be furnished by our insuring agency upon request.
4. SERVICES TO BE FURNISHED BY CROM ENGINEERING AND
CONSTRUCTION SERVICES ARE:
We propose to furnish all supervision, labor, material, and equipment required to
complete the work, except as noted in Paragraph 5. The services to be furnished by
CECS are specifically:
a. Review of tank design, drawings, and existing conditions as required to
provide an evaluation on the current condition and integrity of the following
concrete tanks:
• 0.011 MG Effluent Storage Tank
58'-0" long x 16'-0" width x 11'-0" depth
• 0.75 MG GST
80'-0" ID x 19'-11" SWD
1977-M-015
• 2.0 MG GST
130'-0" ID x 19'-11" SWD
1991-M-047
b. Underwater Inspection.
c. Comprehensive Inspection Report of the tanks.
5. MATERIALS AND SERVICES FURNISHED BY OTHERS
It is understood that the following services shafl be provided by others without expense to
CECS.
a. Adequate access to the tank including open storage space for our equipment and
materials, conveniently located near the tank to be inspected.
b. A continuous supply of potable water under pressure for the use of the dive crew
within 100 feet of the tank site.
c. A continuous supply of electricity during the period of the inspection: one
30-AMP, 110-volt service for the operation of our power tools and accessories,
located not more than 100 feet from the tank. Please be sure that all circuit
breakers are ground-fault protected.
#15-109 — Underwater Inspection and Report - 3 Tanks May 21, 2015
The Village of Tequesta, FL Page 3
d. Any permit or other governmental fees as may be required for the work.
e. Complete isolation of the tank from the water system including lock-out tag-out
procedures. This plan shall be reviewed by CECS personnel prior to tank entry.
6. BACK CHARGES AND CLAIMS FOR EXTRAS
No claim for extra services rendered or materials furnished will be valid by either party
unless written notice thereof is given during the first ten days of the calendar month
following that in which the claim originated. Crom Engineering and Construction
Services' claims for extras shall carry 30% for overhead and 10% for profit.
7. DELAYS
It is agreed that we shall be permitted to prosecute our work without interruption. If
delayed at any time for a period of 24 hours or more by an act or neglect of the owner,
his representative, or other contractor employed by him, or by reason of any changes
ordered in the work, we shall be reimbursed for our actual additional expense caused by
such delay, including loss of use of our equipment, plus 30% for overhead.
8. LABOR
This proposal is predicated on open-shop labor conditions, using our own personnel. If
we are required to employ persons of an affiliation desirable to the owner or other
contractor employed by him or the general contractor thereby resulting in increased costs
to us, the contract price shall be adjusted accordingly. Such requirement shall not
provide that CECS sign a contract with any labor organization. In the event of a labor
stoppage, we shall not be in default or be deemed responsible for delay of the progress
of this contract or damage to the owner or the contractor so long as CECS has sufficient
qualified employees available to perForm the work.
9. QUOTATION
We are prepared to carry out the inspections and cleanouts in accordance with the
foregoing for the following pricing:
Dive Insaection with Comprehensive Written Report
1_1 0.011-MG Level 2 Inspection in the wet: $5,850.00
5_2 2.0-MG Level 2 Inspection in the wet: $5,400.00
10.2 0.75-MG Leve12 Inspection in the wet: $4,800.00
Final payment, including any changes in contract amount, shall be made within 30 days
of the receipt of the final Inspection Report. Final payment shall not be held up because
i
;
#15-109 — Underwater Inspection and Report - 3 Tanks May 21, 2015
The Village of Tequesta, FL Page 4
of delays in testing. Owner shall pay CECS interest at 12% per annum on any overdue
amounts.
10. CONSULTATION AND LIMITATIONS
The work to be perFormed under this proposal is intended to provide a means by which to
evaluate the general condition of the tank. The results of the inspection may provide
recommendations for further work to be performed. Any actions taken by the owner or
questions arising in response to the Inspection Reports should be submitted to CECS for
clarification and technical review. The only warranty made in connection with the
services provided is that we have used the degree of care and skilf ordinarily exercised
and provided by reputable members of our profession. No other warranty is expressed
or implied.
If the Owner wishes to have CECS perform any repairs or remediation of the tank or
accessories, it shall authorize such work in writing and pay CECS its standard charges
for such work.
It is agreed that CECS shafl not be responsible for any consequential, special or delay
damages.
It is agreed that the venue for any litigation under this Agreement shall be in Alachua
County, Florida.
If CECS engages an attorney for the collection of the amounts due from the Owner, the
Owner shall pay CECS its reasonable attorney's fees and costs through any appeal.
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#15-109 — Underwater Inspeation and Report - 3 Tanks May 21, 201�5
The Village of Tequesta, FL Page 5
11. ACCEPTANCE
This proposal is offered for your acceptance within 45 days from the proposal date. We
reserve the right after that period to amend our proposal. to reflect our changing
construction schedules and materials and labor rate changes. The retum to this
company of a copy of this proposal with your acceptance endorsed thereon within the
time aforesaid will constitute a contract befin►een us. This proposal shall be made a part
of any subcontract agreement or purchase order.
Sincerely,
CROM ENGINEERING & CONSTRUCTION SERVICES
�_�� �_ � °�
Clint Jenkins Jeff D. IVlalpass, P.E.
Project Manager CECS President
\asg
ACCEPTED
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BY: � �!-�'
TITLE: •�� � �-
DATE: ,��� � �
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Village of Tequesta Date: 6/16/20
y 4
.�� . Purchase Order Requisition Date Purchase Order is Req'd: 6/26/20
(Not a Purchase Order) Department: Wate� Treatment Plant
*Revised Nov�nber 14, 2011 Req. #:
Quotes Received: 1 (See Attached) Recommended Vendor: Vendar #:
Vendors Bids Crom Engineerin & Constr. Services 00908
rce rovi er !v + Address: 6801 Sw Archer Road
City: Gainesville
State & Zip: FL 32608
Comments:
To award a contract to Crom En ineering & Construction Services CECS) for the dive ins ection
of three 3) water tanks located at the Water Plant. '�' r= " i=„ �
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Item Description Part# Qty. Unit Price Total Cost Account # F'�nce �flse Only
1.11nspection 1$ 5,850.00 $ 5,850.00 401-411549.671 �; � a
�
10.21nspection 1$ 4,800.00 $ 4,800.00 401-411 549.671 q
5.2 Inspection 1$ 5,400.00 $ 5,400.00 401-411 549.671 � �
$ -
� - _ ----
$ -
. $ -
$ -
$ -
Total: $ 16,050.00 �
Finance/Administrative Use Oniv:
The Department Director s DesJgnee's slgnature below certi�es that (1) this purchase order requisition is complete and in compliance with the Village s
Purchasing Policies and Procedures and (2) all procurement requirements have been satlsfed.
Department Director / Desi nee Si natur . Dat •
The Finance Department signafure elow certifies thaE (1 J this re ufsition has been approved by an authorized Department Director / Designee, () fhat fhe
correct account numbers have be (3) fhere Js ade ate funding In the accounts listed.
�����
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Finance Si natur : Date: ZZ
�
Village Manager Approval:
Date: �
Village Councii Approval: Resolution #: Date:
"' ' ` THE VILLAGE OF TEQUESTA
PIGGYBACKIIVG CHECKLIST
Instructions: This form is to be completed for any purchase of goods, or contract for services where the Viilage
will utilize a contract competitively bid by another governmental agency (i.e. "Piggyback").
Department: Water Treatment Plant Date: � 15 Jun-15
Item/Service Dive Inspection of 3 Water Tanks at Water Plant
Vendor/Service Provider Crom Engineering Construction Service
State Contract #12558 � Other Governmental Agency
*Chapter 287, F.S.
If box beside "Other Governmental Agency" is checked above, complete the remainder of this form.
�
1 Governmental Agency �� Q �(�j j ,,�'1ih/) p,,.7 ��i
� YES NO
� �
2 Is the contract current? Effective date: � Z � Expiration Date: � Z.
. � �
3 Was item/service bid out in compliance with the Viilage's Purchasing Policies & Procedures?
Is the price that the Village will receive by piggybacking equal to the price obtained by the agency � �
4 named above?
._f�' �
5 Does the contract contain an assignability clause?
If the answer to question # 5 is no, has the governmental agency given the Village permission to � �
6 piggyback on the the contract?
. � �
7 Has the vendor/service given the Village permission to piggyback on the contract?
� .,---_'—_,_.".
, � Z�
, Depart ent Head Signature Date
Simp/earGrinne//
BE SAFE. simp/exGrinne//�'
TeI: 5612'774140
Fax:5617477307
License ntunber: 4351160001
www.simntexginnell.com
PROPOSAL AND Service Agreem ent
Simplex rinn I ontrad# Salesperson:MONT'OYA,JES ICA Date5! 1120159:05:51AM:
699604-R04-JUL�014
License No. 4351160001
Customer: Tequesfa Village Hall Job Locatian: 345 Tequesia Dr
TEQUESTA,fL 33469
Inv oice To (ifdifferentfrom CusWmer): Tequesta Village Hall
345 Tequesia Dr Customer P.O. # NO PQ NUMBER
TEQUESTA, FL 33469
Simpiex Gdnndl LP ("Compary°), inr and in consideration ofthe prices herein named, proposes to fumish ihe w, andla materials hereinafterdesaibed, subjedto the terms and conditions of
this Agreement
SCOPE OF WORK:
f i(v'�•'��.,r$� d:.'.� s5 ��i i� =t �rr�� -� '� �r :.. P. � ti � s ;;� '�'Z� F
:k;:!;r:�;?s�7v_ �sr:�r�. .,��^..:�.���a:� �3'..� Y._.L��� � .1�� �=��.�"� ��'�ii,t�_bx.� �.v�,* k�1 �'
ep ace pen en spnn er ep ace e oa e
head corrodedl painfed pendents
listed on tlie report.
2 Repiaceconcealed 3 Replacethepain�ed
escu�heon concealed covers.
3 SPLabor 3 Labortodraindownsystem
and perform repairs lis�d in
proposai.
Total 967.74
Payment NET1 N T30 C.O.D. E OS :
Time and Mat�rial O Price Notto Exoeed $ Fixed Price of$ BALANCE DUE: $967.14
GUSTOMER ACCEPTANCE
in acceptlng this Agreement, Customer agreesto ihe terms and conditlons canhained herein includng mose on the follow hg page(s) ofthis Agreementand any atlachmenls or riders
ai�ched hereto that contain additlonal terms and conditlons. ft is understaod ihatthese tertns and condiBons shali prevail overany variatlon in terms and condtions on any purchase order or
ofherdocumentihatihe Customer may issue. Any changes in the sys�em reques�ed by the Cus�omerafterthe ex ecutlon ofthis Agreemenishall be paid for by the Custamerand such
changes shall be authorized in wrilirg. ATiENTION IS DIRECI'ED TO THE L/ARATION OF LIAQtLfT7, WARRANTY, INDEMNRY AND OTHERCOPlDIT10NS CONi'AM1� �J THIS
AGREEMENT. This offershall be void if notaccepted in wr�ingwithei thirty (30) daysfrom the dale fiBt setforth ahove
Customer SIMPLEXGRINNELL LP
By:
N ame: � � Q�� �
TiBe: (/— �
By:
N ame:
Ti�e:
License No: (if applicable):
SG4269 (ReJ. 1(Y08) Page 1 (�20068 SimplexGrinnell LP. All rights reserved.
TERMS AND CONDITIONS
1. Payment. Wak performed on a timeand ma�erial basis covers mu{tiple sitea, liability ahall he limited to the SHALLNOTBERESPONSIBLEFOREQUIPMENTFAILURE
shall beatthe theo-prevailing Compary ra4e forma6erial, labor, amount ofthe paymenta allocable to the site where the OCCURRNJG WHILE COMPANY IS IN TF� PROCESS OF
and relaied i0ems, in efiect at the time supplied under this incident occurred. Such sum ahall be complete and fOLL01MNG ITS INSPECTIONTECHNIQUES, WHERE THE
Agreemer�t Fu�ther, in the event Ihat this AgreemeM is exclualve. !i Cuatomer desirea Company to assume FAILURE ALSO RESULTS FROM THE AGE OR
execu0ed on a"prfce not to exceed" basis, tlie price to greaterliobilty,thepaRiesahaqamendthisAgreanentby OBSOLESCENCE OF THE ITEM OR DUE TO NORMAL
Cusbmershall be lesserof.1) the limit price quo�ed, or 2) the altaching a rider seUing forth the amount of additional WEAR ANDTEAR. THIS AGREEMENT DOES NOT COVER
acEuat cumul�ive bhl�g based an Ihe ai�ne�or�ed liabllity and the additional amount payable by the SYSTEMS, EQUIPIu�NT,COMPONENTSOR PARTS THAT
prevadirgra6e.Unle,�othenviseagreedinwr�ngbeMreenthe CuatomafortheasaumptionbyComp�nyofsuchgreake�' ARE BELOW GRADE, BEHIND WALLS OR OTHER
parties, CusFomershallpayComparywitl�inthirly{30jdays of {iabil�y,lxa�videdhowererthatsuchridershal in no way OBSTRUCTIONS OR EXTERIOR TO TFE BUILDING,
Ihe da4� of this Agreement Cusbmeragneesb pay all taxes, be ieterpreted to hold Company as an insurer. IN NO ELECTRICAL WIRING, AND PWING.
permifs, and oiher charges, including but rat limifed 6o s�0e EVENT SHALL COMPANY BE LIABLE FORANYDAMAGE, 8. Customer Responsibilkies. Cus@omershall promptly rwUiy
and local sales and exdse laxes, hawever designaled, levied LOSS, INJURY,OR ANY OTHER CLAIN ARISING FROM Company ofany ma�unction in the Covered Syslem(s) which
or based on the sen ice charges pursuard b this Agreement ANY SERdICING, ALiERAT10NS, MODIf ICAitONS, comes 90 Customersat6entlon. This Agreemertassumes any
Companyshallhavetheright,atCompart�r'ssded(saetion,�o CHANGES, OR MOVEMENTS OF THE COVERED existing sys9sm(s� are in operational and maintainable
s�op periorming any Services IFCusEomer fails b make any SYSTEM(S�ORANYOF ITSCOMPON9�ITPARTS BY TNE cond�onas ofihe Agreemer� daie. if, upon initial inspectlan,
paymer� when due, u�i Uie accourrt 's currer�t The CUS1'OMERORANYTHIRD PAR1Y. COMPANYSHALL Company de9emiines ihatrepairs are recommended, repair
Cusbmer's failure b make paymer�when due is a material NOT BE LIABLE FOR INDIRECT, INCIDENTAL OR cha�geswill besuhniUed tor approva� by Customer's on-si�e
breach ofthis Agreeme�. CONSEQUENiIAL D/IMAGESOFANYKIND, INCLUDING representativs prar la work. Should such repair wak be
2. Pricing.The priang setforlh inthis Agreementis based on BUT NOT LIMIiED TO DAMAGES ARISING FROM THE declined, Campany shall be relieved from ar�y and all liabilily
the number of devices fio be installed and services b be USE,LOSSOFTHEUSE,PERFOI�MANCE, OR FAILURE arising therefrom.
perlorrned as set brlh in the Scope of Work. ff the actual OF THE COUERED SYSTEM(S) TO PERFORM. The Cus�mer furlher agrees �O:
number of dev ices instahed or services ho be performed is limiqtiona of liability s� forth in this Agreament shall • Provide Company dearaccess to Caered Syslem(s) 9� be ,
grealar than that set forlh in the Scope of Work, ihe pdce w ill inure to the henafit of all parenfs, subaidiaries and serv iced includ'mg, if applicable, lift trucks or otl�er
be increasedaccordin�y.Company may increaseprioes upon affiliatet of Company, wh�er diract or indiract, equipmentneeded to reach inaccessible equipme�
notice to Ihe CusGomer a annually b rellect increases in Company's employeea, agents, officen and directors. . Supply suitable elechical serv�e, heat, heat tracing
malerial and labor costs. Customer agrees to pay ali taxes, 6. Recipmcal Waiverof Claims (SAFEiY Act}. Cerlain of adequa�ewaier supply, and required sys�sm schematics
pertnil�,andothercharges,indudingbutnotlimi6edh��ederal, SimplexGrinnell's systems and services have received and/ordrawings;
s��e and local sales and excise taxes, instailation or alarm Certification andlor Designatlon as Qualified Antl-Terrorism . Notiffy aN required persons, includirg but not limi6ed ho
pe�mffs, false alarm agsessmertls, orany charges imposed by Technologies ("QATT") under 1he 5uppod Antl-�rrorism by aufhorities having judsdictian, employees, and monitoring
any govemmartbody, haweverdesigna�ed, lariedorbasedan FosEering ElfectiveTecfnologiesActof2002, 6 U.S.C. §§441- services, ofscheduled �es8ng ardlor repairofsys�ems;
the serv ice charges pursuaM � this Agreement 444 (Uie "SAFETYAcC). fis required under 6 C. F.R. 25.5 (e), . Prov ide a safe work env ironmer�;
3. A1arm IMonitoring Servicea. Any reference6oalarm tothemaximumexEentpermil�dbylaw,SimplexGrinnelland . �ntl�eeventofanemergencyorCove�edSys6em(s)failure,
moniEoring services in this Agreemer� is included for pdcing Customerhereby agree b waivetheirrightto make any daims �ke reasonable precautions b pro�ect against personal
purposes only. Alartn monibring services are perfortned againstiheotherforany losses, includng businessin�erruptim inJury, dealh, andlor property damage and continue such
pursuantb the 6ertns and canditions of Company's shandarcl losses, suslained by eilher pady ortheir respective employees, measures until the Cov ered Sys�em(s) are operational; and
alarm monibring serv ices agreement resulting from an activ ity resulting fram an °ActofTerrorism° as . Comply wiTh alf laws, codes, and regulations pertaining to
4. Code Compliance. Company does not under�ke an de6ned infi C.F.R.25.2 when QATT have been deployed in y� equipment andlor services provided under lhis
obigation to inspect for compliance wi� laws or regulations defense againsk response to, or recovery from such Act of ��ment
unless specifically sta�ed in the Scope of Work. Cusbmer Tercorism. 9. Repair Services ('rf Selected by Cus�Omer). UVhere
acknowledgesthatU�eAutliority Having Jurisdiction (e.g, Fire 7. General Provisions. CusUomer has selected tlie service Cus�mer expressry includes repair, replacement and
Marshal)mayeshablishadditlonalrequiremenisforcompliance IeveldesiredaAerconsiderirgand6alanchgvariouslevelsof gmerc�encyresponseservicesinlheScopeofWork,such
witt� local codes. Any additlonal services or equipment pr�ecdon afiorded, and Iheir rda�ed cosis. Cus�mer services apply only to lhecomponenLs orequfpmentofthe
required w�l be provided atan additional costfio CuSBomer. acknowledgesandagreesthatbythis Agreemer� Company, Covered Sys�em(sj. Cusbmer agrees Oo promptly requesi
5.LimitationofLiability;LimitationsofRemedy.ltis unlessspecfficalysta�d,doesnotunderlakeanyobligation6O repairservicesiniheevent�eSystembecomesinoperableor
underatoodandagreedbytheCuatane�thatCampany is main�inorrenderCustomei's sys�em orequipmentas Year ���e requ'mes repair. The Agreement price does not
notan insurerandthat insuranceeoverage, ifaiy, ahaNbe 2000 complian� which shall mean, capable of correcUy include repairs b the Covered Sysiem(s) recommended by
obtained bythe Customer and that amounts payable to handling the processing of calendar daies betore or aler Company during Ihe initial inspection,forwhich Company ma�
company hereunder are based upon the value ofthe December31,1999.AllworkbbeperformedbyCompanywill submit independent pricing 4o cus0omer and as to which
services and the acope of liability set forth in this be pedortned during normal worldng hours of normal working Company will notproceed undl Cust�mer authaizessuch wo�C
Agreemant and are unrelabd to the value of the days (8:00 a.m.-5:00 p.m., Mandaythrough Frid�, exdudirg and approves tlie pricing. Repair or replacement of non-
Customer's property andtha praperty ototherslocrtad on Company holMays), as deined by Canpaiy, unless addfional maiMainable paris oftl►e Covered Sysbem(s) inclu�ing, but not
the premise�. Customeragree�tolookexclusFrely to the Umes are specfically descdbed fn this Agreemer�t Ali work pmi�ed to, unit cabinels, insulatirg maherial, elecfical wiring,
Customer'sinsurertoreaoverforir�uriesardamageMlhe periortned unschedui� unless otherwise specif�d in this s{NCiural supporfs, and all other non-moving parls, is not
eventofanylossorinjuryandthatCustanerrelaasesand Agreement Appointrnenlsscheduledforfourvhaurwindow. inciudedunderihisAgreement
araives all rightofrecaveryagainst Company ariaing by AddiUonal charges may appy forspecial scheduling requesls, �0. Systiein Equipment The purchase of equipment ar
way of subrogation. Company makes no guaranty or e.g. workhg aroundequipmeMshuBlowns, a�r hours work. �ripheral devices, (including but not IimiEed 4n smoke
W�rranty, including any implied warraety of Company will perform the services described in the Scape of de�echors, passive infrared de�echors, card readers, sprinkisr
merchantabiity or frtness for a particular purpose that Work section ("SeNices") for one or more system{s) or sys6em canpaier�s,extlnguishersand hosesjfrom Company
equipmeM oraervicee euppiled byCornpany wil detect or equipment as descdbed in the Scope of Work sectlon or the ghall be subject0�theterms and conditior�s of ihis Agreement
avertoccurreneesoriheconaequenceai�emiromthatthe IisledaUachments("CoveredSys6em{s)"). If;inCompany'ssdejudgment,anypedpheraldeviceorother
equipment or:ervice was designed to detect or avert. The Customer shall promptly notify Company of any system equipmen� which is aUached to the Covered
It is impraclical and extremely diHicult to fix the actual maNunctlon in the Covered SysBem(s) which comes in Sysffim(s), whether provided by Comparry or a thircl pady,
damagea,ifany,whichmayprox'�n�telyrewRiromfailure Cus6omersaUention.ThisAgreemer�assumesiheCovered �n�rfiereswiththe ro
on the partofCompenyto perfarm any of ita obligationa Sysiem(s) are in operational and mair�inable condition as of P� P��n oftlie Covered Sys�em(s),
Gusbmershall remweor replacs such dev ice or equipment
underthiaAgreanent Accord'ngy,Cuatameragisesf� ihe Agreement dafe. ff, uEron initlal inspection, Company p��y uponno�cefrom Company. Failure ofCus�omerho
Companyshallbeexemptfromlia6ilkyforanyloss, detertninesihatrepairssarerecommended,repairchargeswill �moveorreplacetliedeviceshallconsfiU�eamaEerialbreach
damage or injury arising direcUyor indirectlyirom besubmimedbrapproualpriorhoanyworkShouldsuchrepar ofth�AgreementffCustomeraddsanythirdparty deviceor
occurrences,orthe consequencea thereirom, which the work be declined Company shall be relieved from any and all equipmentbthe Covered Sys�em(s), Company shall not be
equipment or service was designed W detect or avert. liability arisingthereirom. UNLESS OTHERVNSE SPECIFIED ���ihle for any damage h� ar �allure of the Govered
ShouldComparrybefoundliabkforanyloss,damageor Ml THIS AGREEMENT, ANY INSPECTION (AND, F Sys�em(s) caused in whole orin partby such deviceor
injuryarisingfromahilureoftheequipme�dorservice in SPECIFIED, TESTING) PROVIDED UNDER THIS equipment
anyreapect, Company's liability ehall be limited to an ACREEMENTDOESNOT INCLUDE ANY MAINTENANCE, �� Reports. Where inspection and/or hest services are
amountequal to the Agreeirie�rt pdce (as inaeased by the REPAIRS, ALTERATIONS, REPLACEfu�Pfr OF PARTS, OR selec�ed, such inspection andlor Eest shall be complehed on
price for any additional rrork) ar whare the time and ANYFIELDADJUSTMENTSWHATSOEVER, NOR DOES IT Company'sthencurrertReportfortn, �vhichshall begiven6�
materialpaymenttertnisseladed,CuaWmer'stimeand INCLUDE THE CORRECTION OF ANY DEFICIENCIES Cusbmer,and,whereapplicable,Comparyma�submitacap�r
maberialp�ymentstoCompany. WherethisAgreement IDENTIFIEDBYCOMPANYTOCUSTOMER.COMPANY thereoftothelocalaulhorityhavirgjurisdiction.TheRepodad
SG4269 (Reu. 1a08) Pdge 2 �2006�8 Simqex Gdnnell LP. All rights 2sened.
7ERMS AND CONDI110NS
recommendations 6y Compart� are only aduisay in nalure and loss, including specifically any damages resutting from ihe Z2. Defauk. An Ev ent of OefaWt shall be 1) failure of Ihe
are ir�ended to assistCus4omer in reducing tl�e risk of loss 6� ex pasure ofworkers ho Hazardous Condidons w hefher or not Cusbmer ho pay any amount w iCiin �en (10) days aAer the
property by indic�ngobvious detectsorimpairmerds na�ed b Cusfomer pre-notiAes Comparry of fhe existence of said amouM is due and payable, 2) abuse oithe Syslem orthe
Ihe sys�emandequipmentinspec6ed and/or4�s6ed. They are hazardous condidons, arising in any way fram any act or Equipment, 3) dissdu6on, lertnination, discon6nuance,
notin6ended6oimplythatnao�erdefecLsorhazardsexistor omissionofCustomerorCampanyrelatlnginarrywaytothis insdvency or business fa�ure of Cusbmer. Upon the
that all aspecfs of the Covered Syslem(s), equipme� and Agreeme�, inciuding butnotlimiledbtheServic�s underthis accurrenceofanEventofDefauft, Compary may pursue or�e
compor�enls are operaUonal at U�e time of inspection. Final Ag►eement, whe�er such claims ere based upan contract, or more of the (ollowing remedies, 1) discontlnue k�mishing
resporisibilily fa �e condition and operalion of Ihe Covered wartaMy, to�t (including but rat limifed to active or passive Serv ices, 2) by w�i6en no�Ce �O Cus�Ornerdec�re ihe balance
Systam(s), equipmer� and componen�s lies wiri Cus6omer. negligence�, strictilabilily orothenvise. Canpany reserves the of unpaid amounfs due and Bo become due under fhe this
12. ConAned Sp�ce. Ifaccess b coM�ned space by Compa� right to select oulside counsel Bo represent it in any such Agreementbo be immedia9ety due and payable, prov ided that
is required forthe periortnance ofServioes, Services shall be actlon. all pastdueamounfs shall bearir�erestattl�e rale of 1 Y:% per
scheduled and performed inaccadancewilh Company's then- 16. Insurance. Customer shall name Company, ifs olGcers, mordh (18°,6 peryea� ortlie h�hestamour�permilBeed by law,
current houdy ra6e. employees, agertls, subconhac6ors, suppliers, and 3) receiv e immed'+ale posaession of any equipment for w hich
13. Hazardous Materiala. Cusiomer represerfs that, exceptto represer�tives as addtional ir�sureds on CuSfiomer's general Cus6omer has notpaid. 4) proceed atlaw or equily b eMorce
tlie exlentlhatCompany has been given w ri�en notice of tl�e liabiihr and aubo liabilily policies. performance by Cusbmer or recov er damages for br�ch of
folbwing hazarcls prior b tlie executlon of this �qreemer�, Eo 17. Availability and Cost of Stael, Plaatics 8 Other this Agreement, and 5) recover all cosffi and expenses,
ihebestofCustamer'sknowledgethereisno: Commo�Nes Comparyshallnotberesponsiblebrfa�ure�o including witl�out limitagon reasonable aibmeys' Tees, in
•"PermitcoMined space," as deined by OSHA, provideservioes, delNerproduds,orotl�envise perfortn work connection witl� enforcing or al�empting Eo eniorce Ihis
• Ri�k of infectious disea4e, required by this AgreemeM due m lack of available sbel Agreement.
• Need for air monibring, respiratory proEecBon, a other products or producis madefrom plastics orothercommadi6es. 23. One�Year Lim�atbn on Acfions; Chofce of Law. a is
medicalrisk, (i) In tl�e eueM Company is unabie, albeer rea5onable agreedlhatnosuif,orcauseofacBonorotherproceedirgshal
• Asbestos, asbesms-co�lnirg matisrial, famaidehyde or commer�ial eA`orls, to acquire and provide sBeel products, a bebroughtagainsteitherparty morethanone(1)yearalle�lhe
other po�entially tox ic or otlierwise hazardous maherial Producls made trom plasticsor other commodiUes, if required accrual of Ihe cause of acUon ar one (1) year afler tlie claim
cor�irred in or on ihe surface of the floors, walls, ceilings, � Pe�Orm W ork required by tlus P�qreertient Cusbmer hereby arises, w HcheYer is shorier, whefher knawn orunkrown w hen
insuladon or otl�er strucWral companertls ofthe area of arn a9rees tl�t Company may �erminaffi the Agreement, or the the ciaim arises orwhelher based on �Ort contract orary oif�
buildingwherewarkis required b be perfomied underth� ��ant portion of the Aqreement, at no additlonel costand legal iheory. The laws of MassachuseUs shall govem the
Agreement wifhoutpenaKyr,CusBomeragrees�opayCanparyinfuliforal validihr,enforceabilihr,andinhe�pretatlonofihisAgreemeM.
All of tlie above are hereina�er refemed to as "Hazardous W ork perfortned up 6o the tlme of any such �ertnination, (ii) If 24, Assignment Cusmmer may not assign tl�� P�qreement
CondiUons°. CompanyisaWe�oobtainlhesEeelproduclsorproduclsmade withoutCamparry'sp�iorwri�enconseM.Comparyma�ass�n
Company shall heve Ihe rigMto rely on tl�e represer�tions �m plastics orothercommodlNes, butthe price ofany ofthe this AgreemeM to an affilia�e without ob�aining Customers
lis�ed above. If hazardous conditions are encour�ered by Producis has risen by ma�e than 10%from the da�e of the bid, consent
CompanyduringihecourseofCompary'swork,lhedisaovery Proposal or daEe Company execu�ed this qg�ement, 25.EntireAgreementThepa�liesintendthisAgreement,
of such ma4erials shall constih�e an eventbeyond Comparry's W hicheva occurred fiBt, then Compary ma� passthrough that 6ogether wiUi any aitachmen�s or Riders (collec6vely tfie
control and Comparry shal� have no oblfgatlon �o fudher increase through a reasonable price increase b reflect Agreemen�bbethefinal,complebeandexduaiveexpre�ion
perfortn in the area where ttie hazardous conditions exist until �ncreased cost of maBerials. of theirAgreementand the tertns and conditions Ihereof. This
the area has been made safe by Customer as cer��ed in 18. Excluaions.ThisAgreementexpressy excludes, wiihout Agreement supersedes all prior representations,
w riting by an independentiesting agency, and Customer shall limitation, �estlng inspection and repairofductdeEecOors, beam understandings oragreements between tlie padies, w�iten or
pay disruption expens� and re-mobilization expenses as ����� and UV/IR equipmenk provision offirewatehes; aral, andshallconshhitethesoletertns and condifbns ofsale
detertnined by Company. clearingoficeWockage; drainingofimpropery piG�hed piping; for all equipment and seroices. Na waiver, change, or
This Agreeme�t does not provide for the cost of capWre, ��� �harging of chemical suppression sys@ems; modification ofany �ertns orcond(tiansofthis Agreemer�shall
containmentordisposalofany hazardouswasle materials, or ��oading of, upgrading, and mai�ining compu9ersoflware; bebindingonCompar�yunlessmadeinwritirg and signed by
hazardous malerials, encounbred in any of the Covered making repairs or replacemenis necessi�ed by reason of an Aulhorized Represer�tive of Company.
Sys�em(s) andlor during performance ofthe Services. Said �9��9enceormisuseofcompanents orequipmentorchanges 26. Severabilityr. ifany praisionofihis Agreement is held by
ma�erials shall at all dmes remain the responsibility and � Cuslomer's prerr�ses, vandalism, cortosion (including but any couR or other compeient authorily OO be void or
property of Cusbmer. Company shall not be responsible tor not lim'�ed to micro-6ac�erialiy induced corrosion ("MIC")), unenforceable in whde orin part, this Agreementwili cor�nue
tl�e 6asting, remov2l or disposal of such hazardous maierials. PoW erfallure, current9uctuation, failure due to non-Company to be valid as to the ofher prov isiais and the remainder of the
14. Limitad YMar�anty. COMPANY WARRANTS THAT ITS installadon, lighining, elec6ficai shortn, orolherseverewea�er, afiected prov ision.
WORKMANSHIP AND MATERIAL FURNISHED UNDER W�, accidert, fire, acts ofGod orany olhercauseexGemal b 27. Legal Fees. Compary shall6e enGtled to recover from the
THISAGREEMENTWLLBEFREEFRQIIDEFECTSFORA �Covered3�s6em(s�ThisAgreememdoesnotcoverand Cus6omerallreasonablelegalfeesincurredincon�ctionwilh
PERIOD OF NINETY (90) DAYS FROM THE DATE OF specficallyexdudessystemupgradesand the replacementof Company enforcing the �erms and conditions of this
FURNISHING. Where Company provides product or obsde�e sys�ms,equfpment, canponenls or paris. All such Agraement
equipms�ofothera,Companywilwarnntthepmductor $ervicesmay be provided by Company atCompany's sole 28.Licsnaelydom�ation (Securily Sysiem Cusbmers): AL
equipment only to the eztent warranted by such third discretion atan additional charge. If Emergency Services are Alabama Electronic Secudy Baard of Licensure 7956 Vaughn
party. EXCEPT AS EXPRESSLY SET FOR?H HEREIN, ex press�r incluled in Uie scopeofwaksection, theAgreeme�t Road, Pmb 392, Montgomery, Alabama 36116(334) 264-538�
COMPANY DISCLANiS ALL WAItRANiIES, EXPRESS OR Price does not include travef ex penses. AR Regula�ed by: Arkansas Boartl ofPriv ahe Inv estiga0ors And
IMPLIED,INCLWIN�BUTNOTLIMREDTOANYIN�LIED 19. Force MaJeure. Company shall notbe responsible fior Priva�eSecurilyrAgencles, #1 Stab Police Pfaza Drive, Ll�e
WARRAHrIE50PMHtCHAt�RABIl.RYORFIINE9SF�RA delaysorfailure�Orenderservicesduehocausesbeyondils Rock72209(501�18-8600;CAAlartncomparyoperatorsare
PARTICULAR PURPOSE WITH RESPECT TO iHE control, including but not limi6ed 6� ma4erial shortages, work licensed and regulahed by the Bureau of Securily and
SERVICESPERFORINEDORTHEPRODUCTS,SYSTEMS g�PP89es,fires,cWildisobedienoeorun�est,severewealher, Mvestigadve Services, Departrner� of Consumer AiFairs,
OR EQUIPIMENT, IF ANY, SUPPORIED HEREUNDER. fi� or any other cause beyond the control of Company. Sacramer�to, Ca, 95814. Upon completion of the inshdllation of
COMPANY MAKES NO WARRANTY OR �• Terminetan. Company may ierrnina� this Agreement Ihe alarm sysBem, ihe alarm compary shall ihoroughly insUuct
REPRESENTATIpJ,AI� UNDERTAKES NO OBLIGATION immedia�ely ati� sole discreBon upon the occurrence of any the purchaserinthe proper use oftliealartn system. Faiure b�
TO ENSURE BY THE SERVICES PERPORMED UNDER EveM of De�ult as hereinafier defined. Company may also the Iicensee, witlioutlegal excuse po subsfantially commence
THIS AGREEMENT, THAT COMPANY'S PRODUCTS OR ���nate this Agreement at i� sole discre6on upon notice to work witl�in 2D daysfrom ihe approxin�ateda�e specified in fhe
THESYSTEMSOREQUIPAIENI'OFTHECUSTOM92VNLL Cusbmer'rfCompany'spertamanceofi�ohligatlonsunder agreemer�whenthewakwillbeginisaviolationoftlieAlartn
CORRECTLYHAI�I.ETHEPROCE39NGOFCALENDAR 1��sAgreementbecomesimpradicaWeduefioobsolescenceof CompanyActNYLicensedbyN.Y.S.Deparhner�oflheSta�e:
DATES BEFORE OR AFiER DECEMBER 31,1999. equipmer�at Cusfiomer's premises or unavailabiity of pads. TXTexas Commission on Priva4e Security, 5805 N. Lamar
15.Indemnty.Cusbmeragreesto indemnifp, hold hamiless 2�• No Option to Solick. Customer shall not, directly or Blvd., Austln, 78752-0422, 512�24-7710.License numbers
and defend Company against ar�y and an losses, damages, indirecey, on ils own behalf or on behalf of any olher person, availa6le at www.simplexgrinnel�.can or cordact your loc�
cosLs, including expeRfees and cosls, and expenses including business, corporation oreMily, saliatoremplo� any Conpany SimplexGrinnell oifice.
reasonabledefense cosls, arisingfran any and all thircl party employee,orinducean� Company employee b leave his or
c�aims for persona� inJury, death, propedy damage oreconarmc her employ mentwitl� Company, for a period of iwo years afler
tl�e termination of this Agreement
SG4269 (Rev.1a08) Pdge 3 �QOOGB Simplex Grinnell LP. All rights 2served
PHONE# 561-746-1981 THE HANDYMAN PROPOSAL
208 NORTH US HWY 1 SUITE 9
Fax # 561-747-0921 TEQUESTA, FL. 33469
LIC# CGC1507260 DATE si�siaols
NAME/ADDRESS
VILLAGE OF TEQUESTA PROPOSAL# 4452
250 TEQUESTA DR
TEQUESTA, FL 33469 PHONE: 575-6200
WaRK REf�1ESTED: TOTAL
TOWN HALL LOCATION:
FILE ROOM:
BUII.,D WALL IN STORAGE ROOM TO CEILING TO CREATE OFFICE SPACE
INSTALL A RETURN VENT IN NEW WALL
INSTALL 5 1/4 BASE, PRIME AND PAINT �
PRIl�IE AND PAINT WALLS
STORAGE ROOM OUTSIDE CONFERENCE ROOM:
CUT WALL AND INSTALL DOOR INTO STORAGE AREA
INSTALL FLUTED TRIM WITH ROSETTES
STAIN DOOR TO MATCH
INSTALL 3 SHELVES
NO ELECTRICAL OR AC WORK IN PRICE
TOTAL LABOR AND MATERIAL 4, 580. 00
ANY UNFORESEEN DAMAGE WII.L BE BII,LED TIME AND MATERIAL AFTER HOMEOWNERS
NOTIFICATION
PERMIT FEES NOT INCLUDED
�'„
SIGNED BY DATE S� �� � �
�--�
ACCEPTED BY ATE 2d
A 25% DEPOSTT IS REQUIRED UPON SIGNING OF CONTRACT. 25% ON START TOTAL $4,580.00
DATE. 25% WHEN WORK IS 75% COIVIPLETE AND REMAINDER ON CONIPLETION.
Date: 6/16/2015 Licensing Agreement
Organization or Institution: Village of Tequesta
Mailing Address: 345 Tequesta Drive
Tequesta, FL 33469
Primary Contact Name: Lori McWilliams, MMC
Contact's Telephone Number: 561-768-0443
Contact's Email Address: ImcwilliamsC�teauesta.or�
UCENSE FEES:
Service Options: � Check Option Number of Total Cost
(all wbscriptions come with unlimited ��en: Licenses/ Months:
searches, unlimited watch terms and logins:
unlimited rewlts
NEy2S N �SIC"
Media Monitoring Suite (MMS) subscription; ,�,, ,�, _ 1 12 $1200
Renewal Tier 1/Basic rate. Discount for prior �"'— "��
rate match for renewal u (one imrace
6/16/2015 — 6/15/2016 up front)
U� Cable anci 3 AD3ACEiV3' States
12C� €3fla�rnloaos a �Iear
Same for Term: 6/16/2015 — 6/15/2017 'on #2:
i up to 3 24 $2,160
(one imioice up
front)
TVEyes Federal Tax ID: #06-1555547
LICENSE AGREEMENT - TERMS AND CONORIONS
1. AGREEMENT TO PURCHASE. This Agreement is entered into as of the date executed by NEyes, inc. ("Compan�' or "we")
and the institution or organization identified on the Schedule of Licenses and Fees attached hereto {"Client" or "you"). We
hereby agree to sell and you agree to purchase the number of NEyes- Media Monitoring seats as identified on such
Schedule("theLicenses"). ClientagreestopayCompanythefeesandCompanyagreestodeliverthelicensesassetforthin
this Agreement. Client may purchase additionai seats from time to time by executing one or more supplemental
Statement(s) of Licenses that wili reference and be subject to the terms and conditions of this Agreement.
2. TERM. The term of this Agreement shall commence on the date executed by Company and extend forthe period of time
listed as length of term above. NEyes reserves the right to change the fees associated with this Agreement at the
conclusion of each Term.
3. OWNERSHIP AND COPYRIGHT. Company and its third party providers shall retain ownership of all rights in and to the
Licenses. Client may not copy, license, sell, resell, transfer, distribute or otherwise expioit any of the foregoing and wiil use
its best efforts to stop any unauthorized use thereof. The data provided isfrom proprietary sources and may be utilized for
Client's internal research and analysis purposes oniy.
4. CONFIDENTIALITY. The partles agree thattheterms of this Agreement shal) remain confidential and shall not be divulged to
any third parry. Nothing in this paragraph shall be deemed to restrict Company's right to include ClienYs name in its
promotional material (e.g., client lists).
5. LIMITATION OF LIABILITY. Neither partyshall be liable to the other partyfor any loss of profit or other commercial injury, or
any special incident, punitive or consequential damages under any cause of action arising out of or relating to this
agreement, even if advised in advance of the possibility of such damages.
6. A5516NMENT. The Client may not assign the license(s) granted underthisAgreementwithoutthe prior written consent of
NEyes.
7. RELATIONSHIP OF THE PARTIES. Nothing contained in this Agreement shall be deemed to create or constitute a
partnership, joint venture, or relationship of principal and agent between the parties.
8. ENTIRE AGREEMENT. This Agreement, consisting of 5chedule of Licenses and Fees and Terms and Conditions setsforth the
entire agreement between the parties and supersedes any and all previous oral or written agreements or understandings
between the parties. This Agreement may not be changed, modified or discharged, in whote or in part, except by a writing
signed by both parties.
PAYMENT SCHEDULE
An Invoice wil I be sent to the person or persons designated below upon execution of this Agreement, and except as expressly
set out in this Agreement, will be due and payable in full to NEyes Net 30 days ftom date of execution. A late payment fee of
1.5% per month will be applied to all past due balances. NEyes reseroes the right to terminate services if payment of the
invoice amount is not received. The client shall have 5 days from the Delivery date within which to notify Company of any
material non-conformity of the Licenses. Failure to timely respond shall be deemed acceptance.
RE UI ED INFORMATION The following individuai has been designated by Client as the primary liaison for any financial
obligations to Company described herein, and will be the recipient of any invoices submitted to Client.
Name�tle: (�Y� l G'� � ( �� (.L�. � l � �Q�f �'1Q (�,2r
BillingAddress: 3y� TC�U�S� pf• � 1 Q4u+°5-17 .� 3�i 4�v4
Telephone: � � l ,,,, � �� _ d� � 3
Fax: _ �•'.. C7Le9 1 �
Email: CYL � - �'e. t�+2 �(' i'1'1 C u>i (�iLt�'►4s `��Jti a�
Purchase Order#: � 1jn
Agreement Acceptance:
The authorized signatories below, on behaif of their respective organizatidns, agree to the pricing and other terms outlined
herein. Tfiis Schedule of Licenses and Fees and list of Terms and Conditions shall be collectively referred to as the "Agreement".
Ali notices or other communications required or permitted under this Agreement shall be forwarded tothe individuals named
below. �� dL t,,,, �� �' � 1� t� G�Y1�t�
`" �
[Client] ,�" �^ �,.. [Company] TVEyes, lnc.
Authorized /}� ~ °� Authorized
Signature: �� ' I�� � �--r--'�..�-- Signature: ��G for rev.)
Name/Title: �( � �, ( l i L�YkS � ���,K ��1,(.� Name�tle: Larry 6allo/SVP Global Sales
�ate: (Q� �[�� � �- Date: 6/16/2015
NEyes Inc.
Mailing Mailing 1150 Post Rd.
Address: ^ Address: Fairfield, CT 06824
3 y1 � �„�,Qj'�'Y ��' (203) 254-3600
Fax: �Q �S.j� �,,3 (�b � Fax: (203) 254-3605
Email: -� � Email: Isailo(a?tveves.com
UYl eW t << � L'?�.vYL.$
.�I--2,� u,e.�.}-� , a�'s
ADDENDUlVi
Pubtic Records: In accordance with Sec. 119.0701, Florida Statutes, the Contractor
must keep and mainta.in this Agxeement and any other records associated therewith and that are
associated with the performance of the work described in the 5cope of Services. Upon request,
#he Contxactor must provide the public with access to such records in accordance with access and
cost requirements of Chapter 119, Florida Statutes. Further, the Contractor shall ensure that any
exempt or confidentiai records associated with this Agreement or associated with the
perfarmance of the wark described in the Scope of Services are not disclosed except as
authoriaed by law. Finally, the Contractar shall retain the records described in this paragraph
throughout the perforrnance of the work described in the Scope of Services, and at the conclusion
of said work, transfer to the Village, at no cost to the Viliage, a11 such records in the possession
of the Contractor and destroy any duplicates therao£ Records that are stored electronically must
be transferred to the Village in a format that is compatible with the Village's information
technology systems.
McWiltiams, Lori
From: larry Gallo [Igallo@fireyes.com]
Sent: Tuesday, June 09, 2015 12:21 PM
To: McWilliams, Lori
Subject: Re: NEyes renewal, Updates on Upgrades for 2015 + SCOUT invite is here! --Re: Village of
Tequesta Service Agreement
Hi Lori,
Good afternoon!
Following up as per our emails below, I am very sorry to hear this, and my CEO would very much like to keep
you and Village of Tequesta on boazd T'VEyes as a subscriber as well, thus my CEO approved for your prior
special pricing discount to be honored for your same rate as last year ($1,200.00/year) for your TVEyes
subscription service renewal for 2015, and in ad.dition if you indeed opt for this we will honor this rate for you
permanently as well in appreciation.
Will you renew your TVEyes at the prior $1200/year rate?
Many thanks in advance for considering!
Best regards,
Larry
Larry Gallo
SvP Globaf Sales
HQ: (203) 254-3600 ext. 333 / mobile: (203) 312-7333
email: Iqallo fi`yes.com
�1RL: www.�vey_es.com
_ __
,- _ , _ ..
TVEyes clips are for Intemal Review, Analysis and Research only. Any editing, reproduction, pubiication, rebroadcast,
public showing, public display or placement on any website is forbidden and may violate copyright laws.
On Mon, Jun 8, 2015 at 4:14 PM, McWilliams, Lori <hncwilliams(a�tequesta.org;> wrote:
Larry,
1
� TVEyes Tnc. '
� 1150 Post Road Invo�ce
�� , Fairfield, CT 06824 Date Invoice #
203-254-3600
6nv2ois Zois-wi�ai
Bill To Ship To
Village of Tequesta Village of Tequesta
Attn: Lori McWilliams Attn: Lori McWilliams
345 Tequesta Drive 345 Tequesta Drive
Teqnesta, FL 33469 Tequesta, FL 33469
Purchase Order#
Description Qty Rate Amount
TVEyes Media Monitoring Suite Service; Unlimited Usage for one year; 1 1,200.00 1,200.00
6/16/2015 - 6/15/2016
� �� _ _ l 1 �U'�
.� � � � --�� I �ll �
_
VEND��R # ��' � � P.O. #
INV. DATE L� INV. # ad ��"W�'��`
ACT. l•1 0. �•
� `�'„ � .�6�.4�.
DEP
REC'D. FINANCE APP.l.
Total usn i,zoo.00
TvEyes conta�t: Payments/Credits usn o.00
Anne Stephan; ext. 223 F2x #
Admin ivianager
astephan@tveyes.com Balance Due USD 1,200.00
203-254-3605
,
- � • xerox ��'�
.f,�
Customer. TEQUESTA VILLAGE PUBLIC WORKS
BiIITo: TEQUESTA VILLAGE �nsta�: TEQUESTA VILLAGE
PUBLIC WORKS PUBLIC WORKS
136 BRIDGE RD 136 BRIDGE RD
JUPITER, FL 33469-2714 JUPffER, FL 33469-2714
TaxID#:.
. .
' �� i• � � �� • � � •� •�
I.
1. W7535P (SOT-WC7535P PRINTEI�
SIN XKK401283 Purchase Price: $1.00 7/1/2015
- 3 Tray Module This agreement modifies the currerrt Xerox Agreement
-1 Lir�e Fax 952139731 for W7535P SIN XKK401283 as of
paymer� 36.
.
� . ,. .
. . .. .
1. W7535P $0.00 1: BW All Prints $0.0140 - Term:12 Months
2: Cdor All Prints $0.0825 - Consumable Supplies Included for all prir�ts
Total $0.00 Minimum Payments (Excluding Applicable Taxes)
e ���.��.���� -
Cus[omer acknowledges receipl of the terms af this agreemeM Thank You for your busir�ess!
� which crn�sists of a pages including this face page. This AgreemeM is praudly presented by Xerox and ror �
° -���-o°t � A
Signer: PRINT: ,C�qQ1 �• �OG7�� Phone: (561 5�5�e6 Paul Defranceso
(561)573-5005 ACi1ay
" For informabon on your Xerox Accour�, go to �
Signature: Date: www.xerox.comlAccountManaqement ��'
WS U72441 06111201514:29:00 Confiderniai - Copyrighte 2008 XEROX CORPORATION. All rights reserved. Page 1 of 4
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Terms and Conditions
MITRODUCTION: relocation, service or supplies; or (v) failure to pedorm operator maintenance
1. TOTAL SATISFACTION GUARANTEE. If you are not totally satisfied wfth any procedures identified in operator manuals. Replacement parts may be new,
Xerox-brand Equipmem delivered under this Agreemem, Xerox will, at your request, reprocessed or recovered and all replaced parts become Xerox's properry. Xerox wNl,
replace ft without charge with an idemical model or, at Xerox's oplian, with Xerox as your exclusive remedy for Xerox's failure to provide Mairrtenance Senrices, replace
EquipmeM with comparable features and capabilities. This Guaramee applies anly to the Equipmer� with an identical model or, at Xerox's option, another model with
Xerox-brand Equipmerrt that has been coMinuously mairrtained by Xerox under this comparable features and capabilities. There will be no additional charge for the
Agreemerrt or a Xerox mairrtenance agreeme�t. For "Previously Installed" Equiprt�rrt, repiacemerrt Equipment during lhe remainder of the iniUal Term. If ineter reads are a
this Guararrtee will be effective for 1 year after ir�stallation. Far all other EquipmeM, d�ris componerrt of your Maintenance Plan, you Nnll provide them using the method and
GuaraMee will be effective for 3 years after instaRation unless tl�e Equipment is being Uequency idenGfied by Xerox. If you do not provide a meter reading for Equipment not
financed under th� Agreement for more than 3 years, m which event it wil exp�e at the capable of Remote Data Access, or 'rf Remote Data Access is irrtemapted, Xerox may
end of the iniUal Temi of this Agreemem. esGmate fhe reading and bill yau accordingly.
2. AIODIFICATION OF PRIOR AGREE�IENT. This Agreemem modifies a prior 7. EQUIPIAENi STAIUS. Uniess you are acquiring "Previously Installed" Equipmerrt,
agreemerrt between you and Xerox for the Products identified as "Modif'ies Prior EquipmeM will be (1) °Newly Manufac[ured°, which may corrtain some recanditioned
Agreement". The prior agreemerrt will remain in effect except that any terms in this companents; (2) "Factory Produced New Model", which is manufactured and newly
AgreemeM ihat cor�flict with or are additive to the prior agreemeM will cartrol. You may serialized at a Xerox factory, adds functions and features to a product previously
be charged a one-time administrative/processing fee for the modificatlon of a prior disassembled to a Xerox predetetmined standard, and cantains new and reconditioned
agreemem. components; or (3) "Remanufactured", which has been factory produced following
SOLUTIONISERVICES: disassembly to a Xerox predetermined standard and contains new and reconditioned
3. PRODUCTS. "Products" means the equipment ("Equipment"), Software and componentss.
supplies iderrtified in this AgreemeM. Yau agree ffie Products are for your business 8. SOPiWARE UCENSE. Xerox grants you a non-exclusive, non-transFerable hcc�nse
use (not resale) in the United States and its territories and possessions ("U.S.'� and wdl to use in the U.S.: (a) software and accompanying dacumeritation provided with Xerox-
not be used for personal, household or Family purposes. brand Equipmerrt ("Base Software" ) only with the Xerox-brand Equipmem with which it
4. CONSUTAABLE SUPPLIES. If "Consumable Suppkes" is identfied in Mairrtenance was delivered; and (b) software and accompanying documentatlon idernified in this
Plan features, MaiMenance Services will include black toner andlor solid ink and color AgreemeM as "ApplicaUon Software" only on any single uni[ af equipment for as long
taner andlor solid ink, if applicable ("Consumable Supplies"). Depending an the as you are current in the payment of aff app{icable soflware ticense Fees. "Base
Equipment model, Consumable Supplies may also include developer, fuser agent, Software" and "Applicatlon Sofluuare" are referred to collectively as "Software". You
imaging units, was[e cartridges, transfer rolls, transfer befts, Vansfer units, beft cleaner, have no other rights and may not: (1) distribute, copy, modifyr, create derivatives of,
maintenance kits, print Cartridges, drum Cartridges, waste trays and cleaning kits. decompile, or reverse engineer Software; (2) activate Software delivered with the
CansumaWe Suppiies speciflcally excludes highlight color toner, custom color toner, Equipmer�t in an inactivated state; or (3) allow others to engage in same. Tttle to, and
specialty dry inks (e.g. clear, silver, gol�, and speciaA}r dry ink developers. Xerox may , all intellectual property rights in, Saflware will reside solely with Xerox and/or its
charge a shipping and handling fee for Consumabie Supplies. ConsumaWe Supplies licensors (who will be considered ihird-party beneficiaries of this Section). Soflware
are Xerax's property ur�ii used by you, and you will use them only with the Equipment may comain code capable of automatically disabling the Equipmem. Disabling code
for which "Consumable Supplies" is idenUfied in Maintenance Plan Features. If may be acUvated iF: (x) Xerox is denied access to periodicaliy reset such code; (y) you
Consumables Supplies are fumished with recycling information, Customer will retum are notified of a default under this Agreement or (z) your license is terminated or
the used item to Xerox for remanufacturing. Shipping information is available at expires. The Base Software license will terminate; (i) if you no longer use or possess
Xerox.coMGWA. Upon expira6an of ihis Agreemerrt, Customer will include any unused the Equipmerrt; (ii) yau are a lessor of the Equipment and your first lessee no longer
Cor�sumable Supplies with the Equipmer� for retum to Xerox at the time of removal. If uses or possesses it; or (iii) upan the expiration ar termination of this Agreement,
your use of Consumable Suppl�s exceeds Xerox's published yield by more than 10%, unless you have exercised your option to purchase the equipmem. Neither Xerox nor
Xerox will notify you of such excess usage. If such excess usage does not cease its licensors warram that Software will be f�ee from eROrs ur that its operation will be
w�thin 30 days after such notice, Xerox may charge you for such excess usage. Upon uninterrupted. The foregoing terms do not apply to Diagnostic Software or to
request, you will provide currem meter reads andlar an inveMOry of Consumable softwareldocumentation accompanied by a clickwrap or shrinkwrap license agreement
Supplies in your possession. or othenwise made subject to a separate license agreement.
5. CARTRIDGES. If Xerox is providing Mai�rtenance Services for Equipmerrt utilizing 9. SOFiWARE SUPPORT. Xerox (or a designated senricer) wili provide the software
cartridges designated by Xerox as customer replaceable units, including copylprint support set forth below ("Software Support"). For Base Software, Software Support will
cartridges and xerographic modules or fuser modules ("Cartridges"), you agree to use be provided during the initial Term and any renewal periad but in no everrt longer than 5
only unmodfied Cartridges purchased directly from Xerox or its authorized resellers in years after Xerox stops taking customer orders for the subject model of Equipmerrt. For
the U.S. Cartridges packed with Equipmerrt and replacemerrt CaRridges may be new, Application Saflware, So(tware Support will be provided as long as yau are current in
remanufactured or reprocessed. RemanufacWred and reprocessed Cartridges meet the payment of all applicable software license and support fees. Xerox will maimain a
Xerox's new Cartridge perfarmance standards and contain new or reprocessed web-based or toll-free hotline during Xerox's standard working hours to report Software
components. To enhance print qua6ty, Cartridge(s) for marry models of Equiprnem have problems and answer Software•related questions. Xerox, either directly or with its
been designed to cease functioning at a predetermined poirrt. In addition, many vendors, will make reasonable efforts to: (a) assure that Software performs in material
Equipment models are designed to function only with Cartridges that are newly conformity with iLs user dacumernaUOn; (b) provide available workarounds or patches to
manufactured original Xerox Cartridges or with Cartridges irnended for use fi the U.S. resolve Software performance proWems; and (c) resolve cading errors for (� the current
6. AAAINTENANCE SERiBCES. ExceQt for EquipmeM iderrtified as "No Svc ", Xerox Release and (ii) the previous Release for a period of 6 months after the current
(or a designated senricer) will keep the Equipmerrt in good working order ("Maimenance Release is made available to you. Xerox will not be required to provide Software
Services"). The provision of Mairrtenance Services is contingerrt upon Customer Support if you have modified the Software. New releases of Software that primarily
facilitating 6mely and efficient resolution of Equipmem issues by: (a) utilizing Custamer- mcorporate compliance updates and coding error fixes are designated as "MaiMenance
implememed remedies provided by Xerox; (b) replacing Cartridges; and (c) providing Releases" or "Updates". Maintenance Releases or Updates that Xerox may make
informatlon to and implementing recommendations provided by Xerox telephone availahle will be provided at no charge and must be implemer�ed within six momhs.
support personnel. If an Equipment issue is not resolved afler completion of (a) New releases of Software that include new carteM or functionality ("Feature Releases")
through (c) above, Xerox will provide on-site support as provided herein. Mair�enance will be subject to additional license fees at Xerox's then-currem pricing. Mair�enance
Services will be provided during Xerox's standard working hours in areas open far Releases, Updates and Feature Releases are collectively referred to as "Releases".
repair senrice for the EquipmeM. MaiMenance Services exciudes repairs due to: (i) Each Release will be considered Software governed by the Soflware License and
misuse, neglect ar abuse; (i� failure of the installation site or the PC or workstation Software Support provisions of this Agreement (unless otherwise noted).
used with the Equipmem to comply with Xerox's published specifications; (iii) use of Implemerrtafion of a Release may require yau to procure, at your expense, additianal
options, accessories or products not serviced by Xerox; (iv) non-Xerox afterations, hardware andlar software from Xerox or another e�ntity. Upon installaGon of a Release,
WS U72441 06/1/20151429:00 Confidemial - Copyright� 2008 XEROX CORPORATION. All rights reserved. Page 2 of 4
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Terms and Condilio�u
you wiA retum or destroy all prior Releases. the other for arry special, indirect, incidental, consequemiai ar punitive damages. Any
10. DIAGNOSTIC SOFlWARE Software used to evaluate or maintain the Equipment actlan you take against Xerox must be commenced within 2 years after the event that
("Diagnostic Software") is inciuded with the Equipment. Diagnostic Software is a caused it.
valuable trade secret of Xerox. Title to Diagnostic Software will remain with Xerox or its 21. CREDIT REPORTS. You authorize Xerox or its agent to obtain credft reports from
licensors. Xerox dces n� gram you any right to use Diagnostic Software, and yau will cammercial credi[ reporting agencies.
not access, use, teproduce, distribute or disclose Diagnostic Software for any purpose 22. FORCE k1AJEURE. Xerox will not be liable to you during any period in which its
(or allow third parties to do so). You will allow Xerox reasonable access to the performance is delayed or prever�ed, in whole or in part, by a circumstance beyond ils
Equipmer� to remove ar disable Diagnostic Software if you are no longer receiving reasonable ca�irol. Xerox will n�ify you ff such a circumstance occurs.
MairRenance Services from Xerox, provided that any on-sde access to your faciity will 23. WARRANTY DISCLAIMER. XEROX DISCLAIMS THE IMPLIED WARRANTIES
be during your narmal busir�ss hours OF NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
PRICING PLANIOFFEt�YG SELECTED: 24. INTELLECTUAL PROPERTY INDEI�IIITY. Xerox will defend, and pay any
11. COI�IENCEMENT & TERY. This Agreement will commence for each unit of selUemerrt agreed to by Xerox or any final judgmem for, any claim ffiat a Xerox-brand
Equipmerrt upon: (a) delivery of customer-installable Equipmerrt; or @) installaGon of Product i�inges a third party's U.S. iMeqectual property rights. You will prorr�►Uy notify
Xerox-installable Equipment. If Xerox is providing Maintenance Services far the Xerox of any alleged 'mfringemerrt and perm�t Xerox to direct the defense. Xerox is not
Equipmerrt, the Term for Maurtenance Setvices wiN expire on the final day of ihe last full responsible for any non-Xerox litigadan expenses or settlements unless it pre-approves
calendar morrth iderrtified on the face of this Agreemem. Unless either paKy provides them in writirg. To avoid infringemeM, Xerox may modify or substitute an equivalent
notice at least 30 days before the end of the initial Term of its irrtemian not to renew Xerox-brand Praduct, refund the price paid for the Xerox-brand Product (less the
Mairrtenance Senrices for a unft of Equipmerrt, it will renew automatically on tlie same reasonable rerrtal value for ihe period ft was available to yau), ar obtain any necessary
terms and conddior�s for successive terms af the same number of manths as the initial Iicenses. Xerox is not liable for any infringement based upon a Xerox-brand Praduct
Term. Pricing for each renewal tertn will be Xerox's then-curreM published pricing. being modfied to your specficati�s or being used ar sold with products not provided
1L PAYIWENT. Payment must be received by Xerox within 30 days after the invoice by Xerox.
dffie. All invoice paymerrts under this Agreement shail be made via check, Automffied 25.1TfLE & RISK OF LOSS. Title to the Equipment passes to you upon delivery. Risk
Clearing House debd, Electronic Funds Transfer, or direct debit from Customer's bank of loss or damage to the Products passes to you upon delivery.
accoum. RestricUVe covenarrts on payment insiruments w�l not reduce your oblgations. 26. ASSIGNMENT. Except for assignmerrt by Xerox to a pareM, subsidiary or affiliate
13. LATE CHARGE. If a paymem is not received by Xerox wdhin 10 days after the due of Xerox, ar to securitize this Agreement as part of a financing Vansact'wn CPermitted
date, Xerox may charge, and you will pay, a late charge of 5% of the amourrt due or Assignment"), neither party will assign any of its rights or obligations under this
$25, whichever is greater. Agreement without the prior written consent of the other party. In the event of a
14. PRICE INCREASES. Xerox may annually increase the mairrtenance companeM of Permitted AssignmeM: (a) Xerox may, without your prior written conserrt, release to the
the Minimum Paymer� and Print Charges. For Application Software, Xerox may proposed assignee information it has about you related to this Agreement; (b) the
annually increase fhe software license or support fees. These adjusdnents wll occur at assignee will have all of the rights but none of the obligations of Xerox hereunder; (c)
the commencemerrt af each annual corrtract cycle. yau will coMinue to look to Xerox for performance of Xerox's obligations, including the
15. DELIVERY, REMOVAL & RELOCATION. Equipment prices include standard provision of Maintenance Services; (d) you waive and release the assignee from any
delivery charges and, for Xerox-owned Equipmem, standard removal charges. Charges claim relating to or arising from the performance of Xerox's obligatians hereunder; (e)
for non-standard delivery or removal and for any Equipment relocation are your you shall nat assert any defense, counterclaim or setoff you may have against an
responsibility. Relocation of Xerox-owned Equipmerrt must be arranged (or approved assignee; and (� you will remit payments in accordance with instructians of the
in advance) by Xerox and may not be to a location outside of the U.S. assignee..
16. TAXES. You will be responsible for all applicable taxes, fees or charges of any kind 27. MISCELLANEOUS. Notices mus[ be in writing and will be deemed given 5 days
(including interest and penafties) assessed by any govemmental entity on this after mailing, or 2 days after sending by nationaily recognized ovemigM courier. Notices
Agreement or the amourrts payable under this Agreement ("Taxes"), which will be will be serrt to you at the "Bill to" address idertlified in ihis AgreemeM, and to Xerox at
included in Xerox's invoice unless you timety provide praof of yaur tax exempt status. the inquiry address set forth on your most recent invoice, or to such other address as
Taxes do not indude taxes on Xerox's income. either party may designate by written notice. You authorize Xerox or its agents to
17. DEFAULT & REIMEDIES. You will be in defauft under this Agreemem if (1) Xerox communicate with you by any electronic means (including cellular phone, email,
does not receive any payment wilhin 15 days afler the date it is due, ar (2) you breach automatic diating and recarded messages) using any phone number (including cellular)
any other obligation in this or any other agreemeM with Xerox. If you defauft, Xerox or electronic address yau provide to Xerox. This Agreement canstitutes the entire
may, in addition to its other remedies (including the cessation oF Maintenance agreemeM as to its subject matter, supersedes all prior aral and written agreements,
Senrices), require immediate paymern, as liquidated damages for loss of bargain and and will be govemed by the laws of the State of New York (without regard to conflict-of-
not as a penalty, of (a) all amourrts then due, plus interest from the due date umil paid law principles). In any action to enforce this Agreemerrt, the parties agree (a) to the
at the rate of 1.5% per month; (b) the remaining Minimum Payments, not to exceed 6 jurisdiction and venue of ihe federal and state courts in Monrae County, New York, and
such paymenis if this Agreement is for one year Term, and twelve (72) such paymerrts (b) to waive their right to a jury trial. If a court finds any term of this Agreement
for a multl-year Term; and, (c) all applicable Taxes. You wili pay ail reasonable costs, unenforceable, the remaining terms will remain in effect. The failure by either party to
includiag attomeys' fees, incurred by Xerox to enforce this AgreemeM. exercise any right or remedy wiil not cons[itute a waiver of such rigM or remedy. Each
18. DATA SECURITY. Certain models of Equipment can be cor�igured to include a parly may retain a reproduction (e.g., electronic image, photocopy, facsimilej of ihis
variety of data security features. There may be an additional cost assaciated with Agreemem which wiil be admissible in any action to enforce it, but only the Agreemem
certain data security features. The selection, suitability and use of data security held by Xerox will be considered an original. Xerox may accept ffiis Agreemem either
features are solely Customer's responsibility. Upon request, Xerox will provide by signature or by commencing pertortnance. Changes to this Agreement must be in
additional informa6on to Customer regarding the securfty features available for writing and signed by bort� parties. Any terms an your ordering documents will be of no
particular Equipmer� madels. force or effect. Administrative and contract support functions hereunder may be
GENERAL TER�AS & CONDITIONS: pe�formed, inside or outside the U.S., by one or more of Xerox's subsidiaries or
19. REPRESENTATIONS. The individuals signing this Agreement are duty authorized affiliates. The following four seMences coMrol over every otlier part of this Agreemerrt.
to do so and all financial i�armaUon yau provide completety and accurately represents Both parties will comply with applicable laws. Xerox will not charge or collect any
your financial conditian. amourrts in excess of those allowed by applicable law. Any part of thi5 Agreemerrt that
20. L�YIITA710N OF LU181L.ITY. For claims arising out of or relating to this Agreement would, but for the last Four seritences of this Section, be read under any circumstances
whether the claim alleges tortious canduct (including negligence) or any other legal to allow for a charge higher than that allowed under any applicable legal limit, is
iheory, bu[ excepting liability under the indemnification obligaGons set forth in this modified by this Section to limit the amounts chargeable vnder this Agreement to the
Agreement, Xerox wtll not be liabie to yau for any direct damages in excess of $10,000 max�num amourrt allowed under the legal limit. If, rc� any circumstances, any amount in
or the amourits paid hereunder, whichever is greater, and neither parry will be Gable to excess of that allowed by law is charged or received, any such charge will be deemed
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Terms and Cond�io�
limited by the amoimt legally allowed and any amoum received by Xerox in excess of improvemem/developmerrt pu�poses. Remote Data will be transmitted to and from
that IegaNy allowed will be appHed by Xerox to ihe paymem of amounts legally owed Customer in a secure manner specified by Xerox. Remote Data Access will not allow
under this Agreemer�, or refunded to you. Xerox to read, view or downlaad the contem af any Customer dacumerrts or other
28. RE�TE SERVICES. Certain models of EquipmeM are supported and senriced inFormatian residing on or passing through the Equipmer� ar Customer's informaGon
using data that is automatically collected by Xerox ar transmitted to or from Xerox by managemem systems. Customer grants the rtght to Xerox, without charge, to conduct
ffie Equipmerrc connected to Customer's nerivark ("Remote Data") via electronic Remote Data Access for the purposes described above. Upon Xerox's request,
transmission to a secure off-sfte location ("Remote Data Access"). Remote Data Customer will provide corrtact irrfamation for EquipmeM such as name and address of
Access also enables Xerox to transmit to Custamer Releases for Software and to Customer coirtact and IP and physical addressesllocations of Equipment. Customer
rem�ely diagnose and modify Equipmem to repair and correct maffunctions. Exarr�les wiM enable Remote Data Access via a methad prescribed by Xerox, and Customer wiA
of Remote Data include product registraUon, meter read, supply level, Equipment provide reasonabie assistance to allow Xerox to provide Remote Data Access. Unless
cor�iguraUOn and setdngs, software version, and problem/Fau� cade dafa. Remote Data Xerox deems Equipmem incapable � Remote Data Access, Customer wilt ensure that
may be used by Xerox for billing, report generaGan, suppl�s replenishmert, support Remote Data Access is mairnained at all. times Maintenance Services are being
services, recommending additional products and services, and product performed,
,
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CENTRAL AIR COND1710NING Cause you QlIt2 Lt COOQ.. �L� MACHINE SPECIALISTS
COMMERCIAL REFRIGERATION �/qGNER'S F�EF'RIGERATION SALES � SERVICE • LEASING
OFFic� 561- 743-5759 & AIR �ONDITIONING 17796 13OTH AVENUE N
Fax 56 I-74 I-8645 UcENSE # CACO57855 JUPITER FL 33478
WWW. WAGNERSREFRIGERATfON.COM
COMMERCIAL IVIABNI`ENANCfE AGREENlENT
NAME: �I � � �i� r'� t �. � # "� I �: ��� , , DATE: � - �� ._ � �..._
ADDRESS: �1 v � l`+' � !;� ; .,� � � y-� � J '��' � PHONE� F
_. � .
. ' �,s � / �, �t CONTACT .� �-�-,N} 1-� � ti �, u � �
Billing Address (if different):
SCOPE
Maintain existing air conditioning and/or refrigeration equipment within factory specifiications. Improve operating efficiencies thus reducing
electrical costs. Reduce frequency of "down time" and repair costs. Provide convenience of "Preferred Customer" status which inclutles
prompt service response, 24 hour coverage, 1 days a week including weekends antl holidays, guaranteetl.workmanship by a licensed and
insured company. �
LENGTH OFAGREEMENT
Agreementwill be automatically renewed on the anniversary date ofthe agreement. Agreement may beterminated by either parry at anytime
bygivingthirty (30) days written notice.
MAINTENANCETO BE PERFORMED
Replace airfilters. Clean and treat condensate drain pan and pipe. Check systems for proper re#rigerantcharge. Clean and treat evaporator
antl condenser coils in pface, as needed. Inspect electrical wiring and connections. Check fan belts, amp draws and voltage readings.
Lubricate bearings and oil motors, as necessary. Check gaskets, rollers, hinges and latches, tighten as necessary. Check thermostat
operation and inspectpumps.
MAINTENANCE SCHEDULE '_,,-
❑ Mnnthly CI Bi-Monthly ❑ Quarterly �ASemi-Annuaf{y
EQUI�MENT LIST
�irConditioningUnits t- pRefrigerationUnits ❑IceMachinetfnits ❑Exhaust&FreshAirUnits
Firstmaintenanceto be performetl _ �1 � �'� �
PRICE PE .�AIfdTENANCE
$ ��� PLUS CLEANING & FILTER MATERIALS Repairs other than maintenance will be made at owners
request, as needetl. Billing will be on time and materials basis. Estimates provided priorto work upon request. Alf work guaranteed 30 day
material and workmanship.
Acceptingthisa eement:
CUSTOMER: tCl�lGt�PL� �(�,,�,�Z.C� � WAGNER'SREFRIGERATIQNANQAIRCONDITIONING
DATE: DATE: . .�/ �,� � .;'� i ' �_�_�
ACCEPTEDBY: APPROVEDBY _, — �,',� _------.-__.....�_.�__...___._--.-
� � j�