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Agreement_General_11/10/2016 (7)
7MME' Building Sarvices AS • • i i � � • i • SERVICE PROPOSAL FOR Tequesta Public Safety Facility 357 " egijes :a Di. Te, uesta. FL 33469 USA. � SITE A.DORFSS. Tequesta Police Department 357 Tequesta Dr Te*ijuesta, FL 33469 `tom United States LOCAL TRANE 0MCF- • 1 � Trace U.S. Inc. ls, 6965 Vista Parkway North #11 West Palm Beach. FL 334 - LOCAL TRANE REPRESENTA ; Amar SL*ha1 Cell: 786 42341198 f�� a Office: (561) 683 -1521 PROPOSAL 101AGREEME NUMBER 2155909 r US COMMUNMES CONTRACT: -� USC15- JLP•02 US COMMUNITIES PROPOSAL- 40-439658-16-002 r DATE, r �. �r AL,a,,sr 23 2016 0 8u&ftj7g Services 7X4A@F' TRANE SCHEDULED SERVICE AGREEMENT Executive Summary Thank you for choosing Trane Building Services as your HVAC support partner. We are committed to working with you to help you ensure your building serves the needs of your organization The details of that commitment are in the follo-ising pages. A Trane Scheduled Service Agreement will provide planned maintenance for your HVAC systems. The agreement assures that factory recommended services are executed on scheduled intervals. Beyond the benefits of a typical service plan. a Trane Scheduled Service Agreement can deliver enhanced value through an optional Performance Package. Trane is continuously collecting data from your HVAC system that can be streamed into a report to provide insight into the overall performance of your building. Based on a professional analysis of the report's findings. we can demonstrate opportunities for improvement. and recommend actions to help you achieve performance objectives for energy usage_ operational efficiency, environmental impact, air quality and more_ Additionally. as a Trane customer you can count on. ® Priority Response - as a Trane Service Agreement customer you will have service priority, above time and materials customers. 1 , 0 Advanced Diagnostics - Trane proprietary applications and technologies equip technicians to analyze system performance and snake actionable service re Ccrnmendations, C 2 Trane OEM Service Delivery - ensures the right services are completely and consistently performed to keep your equipment running efficiently and reliably. M Dedicated Trane Service Team - a local service team consisting of a Service Coordinator, one or more Service Technicians and an Account Manager, all of whom will be familiar with your service requirements, your HVAC equipment and your facility. WE VALUE THE CONFIDENCE YOU HAVE PLACED IN TRANE AND LOOK FORWARD TO WORKING WITH YOU. *T :MAKE OM DOW *0019 677ER MR LIFE I 0 RANE Building Services TRANE SCHEDULED SERVICE AGREEMENT Added Value Proper maintenance can save an estimated 12 -18°x' of your budget compared to a run -to -fail approach. A Service Agreement is structured to help you capture those savings Re arch has shown that regular maintenance can: pa • _ Cut unexpected breaWowrs Dy .,.... . Reduce downtime by ..,..... .. ............. E .•, Lower equipment repairs and maintenance costs by ...... Reduce energy consumption by......,., . In addition to financial value. when you partner with Trane you can expert: IQ Dependability and Consistency Assigned Service Team - Your service team will consist of our professional Service Coordinator, Service Technicians, and Account Manager with extensive HVAC experience. Our technicians have a thorough understanding of controls. heating. refrigeration. and airside systems. Priority Response - Royal Poinciana Chapel Inc xaill receive preferred service status. Priority Emergency Response is available on a 24- hour -per -day basis. Automated Scheduling System - Trane utilizes a computerized scheduling program to ensure that all services included in the agreement are performed. Superior Service Delivery Trane's OEM Service Delivery Process ensures consistent quality through: • Uniform service delivery • Pre -job parts planning Documented work procedures • Efficient and economical delivery of services • Emphasis on Safety & Environments ME WKf &dLDW -5 NOW 8fTTER f17t9 Llff." 7XWE Building Services Superior Service Delivery (continued) Service Work Flow - Trane's industry exclusive service flow process includes detailed procedures that identify sleps for. safety, parts, materials. tools, and sequence for execution. Trane's procedures also include steps for safety, quality control, work validation, and environmental compliance. This process assures a complete service event. No critical steps are skipped or lost. Systerrs serviced in this way offer a higher degree of reliability and operational longevity. Tran,e's exclusive service procedures deliver superior service and most reliable outcomes at the most cost- effective price 'Ahere applicable, Trane's exclusive service process meets or exceeds I ASHRAE 180 -2008 Standard Practice for Inspection and Maintenance of -� Commercial Building HVAC Systems. Trane's proprietary program is unequalled in the industry. Knowledge Transfer r, Documentation - VVsxk performed on your equipment will be documented by the technician and reviewed with you at the completion of each visit. Operational System Optimization - Trans Technicians will review operating sequences and practices for the equipment covered by the agreement and advise you of operational imprcivement opportunities. Training for Facility Staff - Concurrent with annual start-up, your Trane Technician will instruct your operator how to operate the equipment covered by the agreement. Health and Safety Safety Management Program - Trane Building Services employs several full time Occupational Safety and Health Administration (OSHA) 30 -hr certified safety managers who are available to perform safety consultations related to the service performed at your site. Our Safety Management Program includes monthly safety training for all Trane Budding Services field personnel. field supervisor jobsite audits, technician job safety analyses, and other key risk assessments and control strategies. Personal Safety - Trane service technicians are, at a minimum. OSHA 10 -hr certified, or equivalent with yearly retraining on all key occupational safety and health topics. Most of our technicians have participated in - Smith Safe" driver training and are Department of Transportation (DOT) Hazmat certified. They are provided with up to date personal protective equipment (PPE), training on its use and limitations, and FR protective apparel. Trane maintains an industry leading position in National Fire Protection Agency (NFPA) 70E Electrical Safety. technician ergonomics and fall protection programs. Drug-Free Workplace - Trane service maintains a Drug -Free Workplace, with a robust drug and alcohol testing program. Building Services 0 Environmental Management Refrigerant Policy - Trane Building Services practices and procedures are compliant with all Federal and State laws and regulations concerning the proper handling, storage, and repair of leaks of ozone - depleting refrigerants and their substitutes according to Environmental Protection Agency regulation 40 CFR Part 82. Trans service technicians are Universal- certified and use only certified recovery equipment. Refrigerant Management Program - Trans Building Services maintains and uses Trans Refrigerant Management Software ( RMS) to capture, manage and report Refrigerant Activity. The Refrigerant Activity Report Form is used by the technician to record all refrigerant activity that has occurred on each piece of equipment. The form data is entered into RMS after it is submitted to and checked by central office personnel. Annually, Trane prints a report from RMS of all Refrigerant activity that has occurred at each site. The report details all refrigerant activity performed by Trane Building Services Technicians for each piece of equipment, and can be used to satisfy reporting requirements Oil Disposal - Trane Building Services removes used oil from your refrigeration units and disposes of it in accordance with applicable environmental regulations. Trane has a national contract with a leadinig provider of used oil services to recycle used oil where allowed and property dispose of used oil which does not meet recycling requirements (in states where used oil is a hazardous waste, Trane will remove used oil from refrigeration units for the customer to arrange disposal), Ll Trane Intelligent Services With an active Trane service agreement and TracerT Building Automation System or other qualified controls, you are eligible for Trane Intelligent Services (TIS). A revolutionary integration of technology and Trane professionals. TIS monitors, analyzes and acts to improve the performance of building systems to support your business mission. There are many TIS offers that serve a range of needs: Alarm Notification, Building Performance, Energy Performance, Energy Assessment and Active Monitoring. These may be customized to meet your unique requirements. In addition to Alarm Notification, this proposal also includes the following Trane Intelligent Services offers: Tequesta Police Dept. Scheduled Mechanical Service Agreement 3Yr. Prcf o al ID: 2155909 7 Th e A TRANE SCHEDULED MECHANICAL SERVICE AGREEMENT SERVICE PROPOSAL FOR. Tequesta Public Safety Facility .� 357 Tequesta Dr. Tequesta, FL 33469 U.S.A_ SITE ADDRESS: µ' Tequesta Police Department 357 Tequesta Dr Tequesta. FL 33469 _ United States jjr LOCAL TRANE OFFICE. I;T„` j11 Trance U.S. Inc. R 6965 Vista Parkway North #11 West Palm Beach, FL 33401 LOCAL TRANE REPRESENTATIVE: Amar Sukhai Cell: (786) 423 - 4196 Office: (561) 683 -1521 PROPOSAL 10: AGREEMENT NUMBER 2155909 US COMMUNITIES CONTRACT. USC 15- JLP -02 US COMMUNITIES PROPOSAL' 40- 439658.16 -002 DATE August 23, 2016 r►2 uaxir ttStitUtxSS NIvFEX bt ro r(ra � r� t . 02016 Trane AN rights reserved Page 1 of 11 Scheduled Service Agreement Tequesta Police Dept- Scheduled Mechanical Service Agreement 3Yr. Prcjx)sal ID 2155909 Building Services TRANE SCHEDULED SERVICE AGREEMENT Scope of Services — Standard Inclusions Provided in your Scheduled Service Agreement: Trane Scheduled Maintenance Scheduled number of specific service events and associated labor performed during Trane normal business hours as outlined in the Equipment Coverage and Services section of this Agreement. Basic materials and supplies determined necessary by the Trane Technician for the normal performance of Scheduled Maintenance are covered by the annual fee and include grease, cleaning solvents, and wiping cloths. 0 Refrigerant Management This scope includes: • Refrigerant Replacement at 0 of Charge per unit per year • Trane Technicians will capture and track all refrigerant activity performed by Trane for each piece of Covered Equipment • Refrigerant Usage Reports can be generated annually Q Trane Laboratory Analysis The Trane Chemical Laboratory performs routine analysis and trending of oil, absorption solutions. and refrigerants as required. Equipped with this knowledge and Trane's extensive experience we can identify and head off potential system failures more definitively than service providers who depend on third party testing laboratories. Q) Obtaining Service To obtain repair service within the Scope of Services, contact your local Trane District office identified on the first page of the Agreement by calling the telephone number stated on that page. The Trane District office identified on the first page of the Agreement is responsible for Trane's performance of this Agreement_ Only Trane authorized personnel may perform service under this Agreement. For repair service covered under this Agreement. Trane will be responsible for the cost of transporting a part requiring service. Customer must reimburse Trane for services, repairs, andlor replacements performed by Trane at Customer's request beyond the Scope of Services or otherwise excluded under this Agreement. The reimbursement shall be at the then prevailing applicable regular, overtime, or holiday rates for labor, labour and prices for materials. Prior to Trane performing the additional services, repairs, andlor replacements. Customer may request a separate written quote stating the work to be performed and the price to be paid by Customer for the work. (02016 Trane All rights reserved Page 2 of 11 Scheduled Servx>; Agreement Tequesta Police Dept. Scheduled Mechanical Service Agreement 3Yr Proposal ID 2155905 T E' Building Services The following is an overview of the scope of Trane's services to be performed on Covered Equipment.. Items marked are included in this agreement. Annual Maintenance Inspection (1) on all equipment listed Operating Inspections (3) on all equipment listed .. Scheduled Maintenance Labor Scheduled Maintenance Parts and Materials Emergency Repair Parts and Materials (labor provided at prevailing hourly rate) - included in full coverage option Emergency Repair Labor: Repairs will be performed on covered equipment during Trane regular business hours. - included in full coverage option Overtime Repair Labor for Emergency Failures (outside Trane regular business hours) - included in full coverage option Refrigerant Replacement 10% of Charge per year- included in full coverage option Refrigerant Usage Reporting Please Note: Overtime Labor for Scheduled Maintenance, requested by customer, to be performed after regular Trane business hours, will be billed at $60.00 per hour. per technician. Specifically excluded under this agreement: • 10 Year Overhaul or 10 yeart40,000 hour R'Newal Service if applicable • Repairs due to corrosion or erosion of equipment • Maintenance or repair of non - maintainable items (i.e, Piping, valves, insulation) • Power wiring, disconnect switches and circuit breakers • Crane or special rigging service required for repairs • Repairs resulting from acts of god (hurricanes. lightning etc) ©2018 Trane All rights reserved P,398 3 of 1: Scheduled Sefv.% Agreement Tequesta Police Dept. Scheduled Mechanical Service Agreement 3Yr. Prcpo^sal 10� 2155909 MWE Bulftfing Services TRANS SCHEDULED SERVICE AGREEMENT Equipment Coverage and Services The following "Covered Equipment" will be serviced at: Tequesta Police Department Mechanical System: Equipment Mundecturer Modei Num Serial Number Condenser Unit 1 Trane TTA240830SE 2201 W8MAF: Air Handler Unit 1 Trane MCCA012GAZ K021324303 Condenser Unit 1 Rheem RARL- 038JEC 8613W391200117 Air Handler Unit 1 JRheem rUa n1a Description Quantity Per Term Annual Factory Recommended Maintenance 1 Quarterly Operational Inspection 3 02016 Trane All rights reserved Page 4 of 11 Scheduled Service Agreement Tequesta Police Dept. Scheduled Mechanical Service Agreement 3Yr. Prowl 0' 2155909 0 XE SWIding Services TRANE SCHEDULED SERVICE AGREEMENT Customer Service Flaws The following Customer Service Flows provide additional service description detail for Covered Equipment. Note: There may be differences per the agreement in the work being performed between sites and the equipment on those sites. Mechanical System: Condenser Annual Maintenance Description • Customer Notification • Initial Site Inspection + Review Diagnostics • Verify Line Voltage Lock Out Tag Out where applicable • Acid Test • Electrical Inspection • Condenser Fan Check + Visual Condenser Coil Check + Low Temperature Sensor Calibration + Leak Test Inspection + Meg Compressor Motor(s) • Condenser Coil Cleaning • Remove Lock Out Tag Out and Restore Paver • Start Unit • Complete Required Palter Work 02016 Trane All rights reserved Page 5 of 11 Scheduled Servfce Agreement Tequesta Police Dept. Scheduled Mechanical Service Agreement 3Yr. Proposal ID: 2155909 MME SwArlir g sery ces Air Handler Annual Maintenance Description • Customer Notification • Initial Site Safety Inspection • Visual Equipment Inspection • Lock Out Tag Out • Electrical Inspection • Supply Fan and Motor Inspection • Meg Supply Fan • Condensate Drip Pan Treatment • Condensate Inspection • Air Handier Filter Inspection • Return Unit to Normal Operation • Manual Log With Electronic Device Air Handler Quarterly Maintenance Description • Check the general condition of the urrit. • Verify proper operation of the motor and starter. • Verify proper operation of the control circuit. • Verify smooth operation of the unit. • Provide a written report of completed work, operating log. and indicate any uncorrected deficiencies detected. Condenser Quarterly Maintenance Description • Check the general condition of the unit. • Verify proper operation of the condenser fan motor and compressor. • Verify proper operation of the control circuit. • Verify smooth operation of the unit. • Provide a written report of completed work. operating log. and indicate any uncorrected deficiencies detected. 02016 Trane all rights reserved Page 6 of 11 Scheduled Sermx- Agreement Tequesta Police Dept. Scheduled Mechanical Service Agreement .Wr Pr,,posal ID 2155909 r NE BUMliq -7 scl "ICrS TRANE SCHEDULED MECHANICAL SERVICE AGREEMENT Pricing and Acceptance Douglas Chambers Site Address: Superintendent Tequesta Police Department Tequesta Public Safety Facility 357 Tequesta Drive 357 Tequesta Drive. Tequesta, FL 33469 Tequesta, FL 33459 U.S.A. United States Trane Service Agreement This Service Agreement consists of the pages beginning with the title page entitled The Agreement," the consecutively numbered pages immediately following such title page, and includes and ends with the Trane Terms and Conditions (Service) (collectively, the 'Service Agreement" or "Agreement "� Trade agrees to inspect and maintain the Covered Equipment according to the terms of this Service Agreement, including the "Terms and Conditions." and "Scope of Services" sections. Trane agrees to give preferential service to Customer over non - contract customers. Service Fee As the fee(s) (the "Service Fee(s)") for the inspection and maintenance services described in the Scope of Services section with respect to the Covered Equipment, Customer agrees to pay to Trane the following amounts, plus applicable tax, as and when due. OUR PRIGfNG USES THE US CCIIAMUNITIES CONTRACT 15•JLP-023 PRICING STRUCTURE AND APPROVED RATES. Mechanical Straight Tifnc S t 32 r'Hl 7 vc +rrrr S s �t3t`Hr _1 Holiday $26 4411 Contract Year Annual Amount R- Annual Contract T ype Year -1 $3,604 $1,802 Mechanical Inspection Onl Year -2 $3,604 $1,802 Mechanical Inspection Onl Year -3 $3,604 $1,802 Mechanical Inspection On 0 A one -time 3.00 % discount is offered for full payment of 1 year(s) in advance of the commencement of the Service Agreement. Invoice would be issued at start of the Agreement and is due net 15 days from date of invoice. Tax will be calculated based upon the pre - discounted price. The discount for advance payment is not applicable to credit card transactions. Please check the box for this option. In addition to any other amounts then due hereunder, if this Agreement is terminated or cancelled prior to its scheduled expiration, Customer shall pay to Company the balance of any amounts billed to but unpaid by Customer and, if a "Service Project" is included in the Agreement, the Cancellation Fee set forth in - Exhibit A Cancellation Schedule attached hereto and incorporated herein, which Cancellation Fee represents unbilled labor, non -labor expenses and parts materials and components. Term The Initial Term of this Service Agreement is 3 years, beginning October 1, 2016 and expiring September 30, 2019. However, Trane's obligation under this Agreement will not begin until authorized representatives of Trane and Customer have both signed this Agreement in the spaces provided below. @2016 Trade All rights reserved Page 7 of 11 Scheduled Service Agreement TeGuesta Police Dept- Scheduled Mechanical Service Agreement 3Yr. Proposal ID 2155909 AMB 7WME Building Services Following expiration of the initial term on September 30, 2019. this Agreement shall renew automatically for successive periods of 1 year (the `Renewal Term - ) until terminated as provided herein If you do not want to renew this Agreement for the Renewal Term, please notify Trane by telephone or by U.S. mail pnor to the expiration date set forth in the preceding sentence. If any questions arise regarding this Service Agreement or how to cancel this Agreement. Trane can be reached either by telephone at or by direct mail addressed to: 2884 Corporate Way Miramar, FL 33025. Renewal Pricing Adjustment The Service Fees for an impending Renewal Term shall be the current Service Fees (defined as the Service Fees for the initial Term or Renewal Term immediately preceding the impending Renewal Term) annually adjusted based on changes to the cost of service. The Sep, f=ees for an impending Renewal Term shall be set forth in the service renewal letter furnished to Customer. Cancellation by Customer Prior to Services; Refund If Customer cancels this Agreement within (a) thirty (30) days of the date this Agreement was mailed to Customer or (b) twenty (20) days of the date this Agreement was delivered to Customer, if it was delivered at the time of sale, and if no Services have been provided by Company under this Agreement, the Agreement will be void and Company will refund to Customer, or credit Customer's account, the full Service Fee of this Agreement that Customer paid to Company, d any_ A ten percent (10 %) penalty per month will be added to a refund that is due but is not paid or credited within forty -five (45) days after return of this Agreerner'd to Company. Customer's right to cancel this Agreement only applies to the original owner of this Agreement and only if no Services have been provided by Company under this Agreement prior to its return to Company_ Cancellation by Company This Agreement may be cancelled during the Initial Term or, if applicable, a Renewal Term for any reason or no reason, upon written notice from Company to Customer no later than 30 days prior to the scheduled expiration date and Company will refund to Customer, or credit Customer's account, that part of the Service Fee attributable to Services not performed by Company_ Customer shall remain liable for and shall pay to Company all ,amounts due for Services provided by Company and not yet paid. This Agreement is subject to Customer's acceptance of the attached Trane Terms and Conditions (Service). Submitted By: CeW (7861423 -4196 Amar Sukhai Office. (561) 683 -1521 Proposal Date: December 14. 2015 S R APCEPT N TRANE ACCEPTANCE Aff dAu#0_ied_R r tati e Authorized Representative b �I Services - Account Manager Printed Name Title Title _ tN' 8F23116 Purchase Order 11 Signature Date I. Acceptance Date b (� — (b License Number. CACO23485 )2016 Trane All .rights reserved Page 8 of 11 Scheduled Servve Agreement Tequesta Police Dept. Scheduled Mechanical Service Agreement 3Yr. Prciicisal ID- 2155909 71LWE Building .Services Terms and Conditions (Service) - Company" shall mean Trans U.& Inc-fair Company performance in the United States and Trans Canada ULC for Company performance in Canada. t. Agreement these team and conditions Clfemts') are in integral par? of Comp wy s War and form the basis d any agreement (V�n'Ag►emerd') resuming frorn Company's prupoml (the'Proposal') for the lolloawrhg ncisr"nimal se rvrrea as stated in the Proposal (colleclrrety, the'ServK:es') wK KCticei. malnterharKa and repair (the - Maintenance Services) on egtaprnent ithe'Cotaed Equipment'), specked Additional Work Ail any) and, d included in the Proposal. Intelligent Services, Energy Assessment. Energy Performance Solutions, and any other services using remote connecbuky (oofeecfiyety and indi: iduaty referred to in these Terms as 'Energy and Building Perfomtatice Servirea') COMPANYS TERMS ARE SUBJECT TO PERMIC CHANGE OR AMENDMENT. 2 Acceptance. The Proposal is sutifed b acceptance in writing by the party to whom ttrs of or is made or an atm agent ('Cu lamer) delivered to Company wit w 30 days from the date of the Proposal. If Customer accepts the Proposal by piacfng an order, without the addition of any other terms and conditions of sale or any other modification, Customer's order shall be deemed acceptance of die Proposal s to these Terms and Conditions. if Customer s Order n expressly conditioned upon Company's acceptance or assent to terms and/or conditions other than Vise exprwssed helrw return of such order by Cornt:. w #e Ccrripany i Terms and Condltocim attached or fefem ell serves as Company's notice of objcrctbn to Custcnhds terms and as Company's ca r offer to perform in amordarroe with ftre Proposal and Company Terms and Condoms. E Customer does not reject or ofyect in writing to Company wWwn 10 days, Company's couneroffer will be deemed accepted. Customer's acceptance of performance by Company will in any event constitute an acceptance by Customer of Cornpary's Terms and Conditions; The Agreement is subject to credit approhral by Company Upon disapproval of credit, Company may delay or suspend performance or, at its option, renegotiate prices arwitr Terris and Conditions with Customer tf Comp" ad Customer are unable to agree on such revisions, this Agre•ernenl shall be cancelled without any kabi,ty. other than Customers obligation to pay for Sermes provided by Company to the dale of canosttalton. 3_ Fees and Taxes_ Fees for the Servwe-a Atha 'Sefvc a Fees - ) ore as set forth In the Proposal. Except as othermse stated in the Proposal Service Fees are based on performance during regular business hours. Charges for pedormanee outside Company's normal bus,rsess hours at" be tilted seepararery accorcling to then prevadng osertime or emergency laborlabaur rates in addition to the stated Service Fees, Customer shall pay all taxes not legally harsh red to be paid by Company at arlem.atively, shall provide Company with an acceptable tax exemption Certifcate. L Payment. Payment Is due upon receipt of Company's Invoice. Service Fees shot be pad no less frequently than quarterly end in advance of performanc* of the Services Company reserves the night to add to any accent atstanding for more than 30 days a serve charge equal to the lesser of the mawmum allowable legal merest rate or 1.5% of the prcropal amount due at the end of each monde Without liability to Customer, Company may discontinue performaf,oe wheftweir paymhent is overdue Customer shed pay all c»rnts lincluding airmnneys kms) incurred try Company in attempting to oosect ernousits due or dhawlse erdworrg this Agreement. t3. Customer Breach. Each of the foitow N constitutes a breach by Customer and shat goes Company the righ without an election of remedies. to suspend performance or terminate this Agreement try dellvery of written notice declaring bsrminabon. Upon lennlnallon, Customer shall be liable to the Company lor as Services furnished to date end all damages v rgened by Company (inciluding IOU pmM and averhoad): (a) Any la ire by Customer to pay amauts when due; (b) any general assignment by Customer for the bit of its eredeors. Customers bankruptcy, insolvency. or rece vership, (c) Any representation or warranty furnished by Customer in correction with this Agreement is fake or mWeadng in any material respell when made: or fd) Any failure by Customer to perform or comply with any meleeial provision of this Agreement. G. Performance. Company &hall perform the Services in accordance with industry standards generally applicable on the state or province where the Services are performed under similar carcunstancPs when Company perform its Services. Company may refuse to perky n where working condstons cold endanger property or put pxple at nsk. Unlese olherrase agreed by Customer and Company, at Customer's expense and before the Servicr begin, Customer will provide any necessary access platforms, catwalks to safely perform the Services in compliance with OSHA, slate or provincial industrial safety regulations or any other applicable industrial safety standards or quideel , This Agreement presupposes" major pieces of Coveted Equipment are in pfopef operating condition a i of the dale hereof. Services kirreshed are premised on ire Covered Equipment being in a maintainable condition. In no event shalt Company have any obligation to replace Covered Egwprnent that is no longer maintainable During the fist ,"O days of this Agreert:ert, or upon initial inspection, andlor upcn masonall start -a,p tf i'dcfuded in the Servtcesi, d an inspection by Company of Covered Eg4rnerrt indicates repairs dr reptacement is req ire Company will provide a written quotation for such repairs or replacement. it Customer does not authorize such repairs or reptacement, Company may remove the unitoceptabie equipment from the Covered Equipment and adjust the Soh hce Fees ac(rrdmgiy Customer authotv*s Company to utilize Customer's telephone Wto or network infrastructure to connect b conbcd , systems ana'or equipment provided or serviced by Canpeny and to provide SerASes contracted for or oitherwvise requested by Customer, endudmg remote diagnostic and repair service. Cuslortne,' acknowsedgift that Company is not responsoe for any adverse impact to Custorriers communications and network infrastructure Company may elect to nstalllattach to Customer equipment or proves portable devices (hardware and cc software) for execution of control or diagnostic procedures_ Such devices shat remain the personal proprietary property of Company and in no evervt stall become a fixture of Customer $ocatioms. Customer stmt not acquire any interest . title or equity in any hardware, software, processes, and other intelleduai u prcprerary rights to devices used in connection with the Services on Customer oTiipment. Company may remove such devices at its d;scretgn Parts used far any repairs made will be those selected by Company as suitable for the repair and may be parts not marwfaclured by Compary- l. Customer Obligations. Customer shat (a) Provide Company reasmable and safe access to the Cowered Eg,ipmorrl and areas where Company is to work: (b) Follow maniults uror recommendations cwncerrirg leardawn and internal inspection, major overhaul. restoration or refurtiisting d the Covered Equipment: atria errpressly stated to the Scope of Services slacpner,t, Company Is rat performing any mamdacturrer recommended leardoawn and Internal inspection, major owerhisui, resiloration or retubi9hirg of the Covered Equipment. and (c) Where applicable, unless water treatment is exgressiy incided in the Services. provide Professional cooling flower water treatment in accordance with any reasonable rowmmendabons provided by Company & ExeM,aiom Unless expressly irck4ed in tare Covered Egaiprnent of the Services, this Serwtces do not include. and Company shall not be reasonable for or liable to the Customer for any claims, losses, damages or expenses suffered by the Customer in any way connected wath, remdng to or arising from, any of the following: (a) Any puargntes of mom oondrGens er system perfiarmgncd: (b) Inspecfion, mairiletwoe, repair, replacement of or services for chilled water and condenser water Mirs+ps and piping: electrical dsoornecf switches u tactic breakers: motor starting equipment that is net factory mounted and iNanconnecting power wring: micudsdg or portable instruments, gauges or thAm ornelers: non•moveig parts or non - maintainable parts of the system, including. trot not limited to, storage Wilts: preesaure vessels, shells, cols, tubes, housings, raslings, casings. drain pans, panels, duct work; piping: hydrrA*c, hydrmr, pneumatw., gat. or refrigerant insulation' pope covering: refractory material; Muses. unit bi canets; electrical airing: ductwork or condut: electrical distribution - on system; hydrar structural supports and similar items: the appearance of decorative using or cabinets. damage sustained by odw equipment or systemms, ardeyor any failure. misadjestinent or design dOcienchm in onwer equipment or systems, ic) Damage, repairs or replacement of parts made necessary as a resoll of elecirkat power failure, low voltage turned out mein or Ixanch fuses, bri water pressare, vandalism mwse or abuse, wear and tea, end of life tarure, water damage. improper operation unauthorized alteratim of equipment, accident, ads or omissKx or Customer or others, damage due to freezing weatfttr• calamity. malicious act or any Evert of Force Mali"o fd) Any damage or malfunction resuR.ng from vibration. elodichbrr action, freezing. contamiwation. corrosion• erosion, or raui: l bi shale of sludge on nWmal areas except whane wader lreatmem xuuctrrn erwri--3 are prcr.wded by Condpany as part of itvs Agreement. (e) Furnishing at?) terns of equipment, Twtenal or Iabo0 labour. or performing special Less recommended or regvred try insurance companies or federal, state or local govemrvherim. tf) Failure or inadequacy of any stucture or lo.undation supporing or surounding the eq , pment to be worked on or any portion thereof, (g) Building access or alterations that metal be necessary to repair or rep lace Customer s existing equipmerr ih. rle normal function of sf,artiig and stopping equipment or the epetrng and ciosarg & valv+as, dampers or reguutor; normally Instaited to protect equipment agaer st damage: (r) Valves that are not factory 02016 Trarle All tights reserved Page 9 of 11 Scheduled Service Agreement Tequesta Police Dept. Scheduled Mechanical Service Agreement 3Yr. Proposal ID: 2155909 mounted: balancce, rasp, control, and other valves external to tha oeoce unless spenfcatly nciuded to the Agreement. p) Any responsibility for design of redesgn of the system at the Covered Equipment, obsolescence. safety bests, or removal OF reinstallation of vaeve bodies and dampers; !t) Any servhCed. claims, or damages arising out of Customer's failure to corrrpfy aith its obligaWns under this Agreement p) Failure of Customer to follow manufacturer recommendations "roerning teardown and rhdmal inspection, 7meha M and refurbO hirxl of equipmeint (m) Any ctairm, damages. lossft or eVan ar4WQ from or related No conditions that existed n on or upon the prerries before the etfeccterie date of this Agreement ('Pre- Exisantj Condgiorrtt' , Wduding, wNaaut limitation. damages, lassos, or expenses invoiv.ng pre - existing building envelope issues, rr*trarical issues, pkxnbirtg issues, ardlar indoor air quality issues im moldrtllrlorld andJor hngi; (n) Repitacemant of refrigerant is excluded, unless repLaaasmenrl of rahlgerant is enprassly staled as indltded within the Services, in which case replacement shell in no event exceed the staled percentage of rated s olem charge per year expressly stated in ft Slrviow (o) eau or riggamg costs: Ip) Any Services, claims, or damages ansing sit oM refri not supplied try Trans. Custorrwq shall be re9ponsillble for: 0) The cost of any additional replacerneri refrigerant (G) operation of any equipmment: and (iii) Any cleirns, damages. fosses. or e4xviistss. arising from or rued to worts done by ry servir es prowded by individuals or entities that are not er iployed by or hired by Company 9- Umlted Wan". Company warrarMS Vial- (a) the material rnarr,datlured by Conrpanhy and provided to Customer in performance of the Services 1s free from defects n rnatenal and manufacture for a period of 12 m r ntrss fiom the earlier of ate daw of equipment step-up or replacement and (b) the kaborAabour portion of the Marrleriarce Services and Additional Work has been property performed for a period of 40 days from date of completion (the 'I.arrhilad Warranty'). Company obtigalions of equipment starkip. i any are slated in the Proposal. are oetemwious with the Limited Warranty period. Deleca roust be reported to Company within the Linhled Warranty period. Corriprinl(s ohligation under the Limited Warranty is limited to repairing or replacing the defec&iie pen at as option and to oorreettng any labor/labour improperly performed by Company No YabilNy wtutsoever shall attach to Company until the Mairitionance SerA es and Additional Work Mare been pad for on folio Exclusions from this Warranty it clude claims, tssse damages and expenses in any way connected WM, related to a RriwN Mari blue of malfundlon of equipment due to fin htiar+irtq: wear and tear. ell of t1e fartvre. corroswn, ervSion deterioration, Customer's failure to follow the Company- provded maintenance plan; unaulho zed or improper maintenance, unauthorized or improper parts or nuveaa(: refrigerant: neot supptted by Trane; and modifications made by others to equipment Compafq shell not be al lhgated to pay for the cost of lost refrigerant or lost product. Soria components of equipment marndadured by Cornpairy ;nay be warranted *racily from the component suppkar. in which case this LneiFed Warranty shall nol apply to those Components and any wan" of suet) convoin ents Shan be ttia warranty given by such cornporaml supplier Notwithstanding the kv*V ing. all e+?rranfies provided herein l Irmo ate upon terminatlin or cancellation of this Agreement. Equipment rr —An3l andlor parts Lf a1 are -red manufacitlred by Company , -e not warranled by Company and have such r%aianties as may C$ eiWXW by the respecrve man- A*,turer THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE THE SOLE AND EXCLUSrVE REMEDIES FOR WARRANTY CLAIMS PROVIDED BY COMPANY TO CUSTOMER UNDER THIS AGREEMENT AND ARE iN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, LIABILITIES, CONO]MONS AND REMEDIES. WHETHER IN CONTRACT, WARRANTY, STATUTE OR TORT (INCLUDING NEGLIGENCE). EXPRESS OR IMPLIED, 14 1. AW OR IN FACT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ANb-OR OTHERS ARISING FROM COURSE OF DEALJNG OR TRADE. COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES ENDORSEMENTS OR CONDITIONS OF ANY KIND EXPRESS OR aMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF QUALITY, FITNESS. (MERCHANTABILITY. DURABILITY ANO. OTHERS ARISING FROM COURSE OF DEALING OR TRADE OR REGARDING PREVENTION BY THE SCOPE OF SFRVICI-S, OR ANY COMPONENT THEREOF. OF MOLDrMOULO- FUNGUS, BACTERIA. MICROBIAL GROWTH. OR ANY OTHER CONTAMINATES. COMPANY EXPRESSLY DISCLAIMS ANY LIABILIrY IF THE SCOPE OF SERVICES OR ANY COMPONENT THEREOF 13 USED TO PREVENT OR INHM11 THE GROW rH OF SUCH MATERIALS. THE ENERGY AND BUILDING PERFORMANCE SERYMM ARE PROVIDED ON AN *AS IS' BASIS WITHOUT WARRANTIES OF ANY KIND. 10, Indemnity. Tc tt,e eaxn,un extent permitted by law, Corry :,ry and CUStorrW shalt ndamrsify and hold harm*ss t xh other frcrn any and all claims. actions, costs, expenses, damages and liattillMi s, r►quding masonme anotrr.ys' fees. reyJtirg from deaf or bodily injury or daman ,, a real or personal property, in the exleril caused by the rregirpence or misrondhA;t of the indemnifying panty, andror its respecrie erripioyees a other aA htnzed agents to conrmction with treir activities widurt the scope d this A:I -t Neither party shall inderrrsfyr rte other against d3ims, dame{»s_ lxperh s or kabililies to the extent attrt matAe to the acts of omissions of the al►hr - t. r tird par ies, I the parties are trim at Wt. the c to irxJernnoly tdlai be proporttonad to their relatrie f" The duty to uhdrrmrdy and hold h , less wd canlnue in fo/ force and effect, nahwtttcawarig Tea expiration air emty termination of this Agreement, with r spel to any clairrlslaarrd on facts pr ; v)cibons that occurred prior to e+ctrabon or termination p'tthrc Pv reernant 11. Limitation of Liability, NOTWITHSTANDING ANYTHING TO THE CONTRARY, NEiTHER PARTY SHALL BE LIABLE FOR SPECIAL. INCIDENTAL, INDIRECT. OR CONSFOUENTIAL LOSSES OR DAMAGES OF ANY KIND ( INCLUDING WITHOUT LIMITATION REFRIGERANT LOSS. PRODUCT LOSS, LOST REVENUE OR i ROFiTS, OR LIABILITY TO THIRD PARTIES), OR PUNITIVE DAMAGES WHETHER BASED iN CONTRACT. WARRANTY, STATUTE, TORT {INCLUDING NEGLIGENCEI, STRICT LIABILITY. INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE TOTAL AND AGGREGATE LIABILITY OF TIME COMPANY TO THE CUSTOMER WITH RESPECT TO ANY AND ALL CLAIMS CONNECTED MATH, RELATED TO OR ARISING FROM THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT, WHETHER BASED iN CONTRACT, WARRANTY, STATUTE, TORT (INCLUDING NEGLIGEitCE)- STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS, SHALL NOT EXCEED THE COMPENSATION RECEIVED BY COMPANY OVER THE 12 MONTH PERIOD PRt GFDING THE DATE OF OCCURRENCE FOR THE SERVICES AND ADDInONAL WORK FOR THE LOCATION WHERE THE LOSS OCCURRED. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT OR INDIRECT) RESULTING FROM MOLDrMAOULD. FUNGUS, BACTERIA. MICROBIAL GROWTH, OR OTHER CONTAMINATES OR AIRBORNE BIOLOGICAL AGENTS. TO THE MAXIMUM EXTEiNT ALLOWED BY LAIN, COMPANY SHALL NOT BE LIABLE FOR ANY OF THE FOLLOWING IN CONNECTION WITH PROVIDING THE ENERGY AND BUILDING PERFORMANCE SERVICES: INTERRUPTION. DELETION. DEFECT, DELAY IN OPERATION OR TRANISMISVON; CUSTOMER'S NETWORK SECURITY: COMPUTER 'VIRUS: COMMUNICATION FAILURE: THEFT OR DESTRUCTION OF DATA GAPS IN DATA COLLECTED, AND UNAUTHORIZED ACCESS TO CUSTOMER'S DATA OR COMMUNICATIONS NETWORK 12. Asbestos and Hazardous Materials. -tie Services exoresslyr exclude any ileritrreabairt. abatement, eieardrp, cordrol, dispeaaf, reran; :d of other work ctnrnerded .%iih astw!atos pdychkyinal,yd bipfinenyl (`PCB'), or ofier hazardous mater�als (tvlactively. 'Hazardous Mattertals "). Cxstamw wananls and represents that there are rip Hazardoup Msseriais on the prkmt,ss hat uwa in any way aftitt Company's perk—rim—we, excepl as set fort►in a turfing sigiried by Company disc oring time existence and location of any Hazardous Rtaterials in all areas mftrh which Company A la be performing. Should Company become aware of or Suspect toe presence of Hazardous Materials, Corrparry may immediately clop work in the affock+d area and notify Custol" Customer will ore responrible for corecling the concitioo .n accvdance with all aPPNC* ae laws and retyulatih3ns Carsicmer sprit be exClttiively res;wrtsibte ibr and anal! inttemrtify and hold harmte s Company (inctudin+g its employees, agents and subcontractors) from and against any loss- claim, Mabiitty, fees, penialliees, injury tincluding death) or habilriy of any nature, and the payment thereof, arising out of or relating to any Hazardous Materials on or about the premises, not brought onto Vte premises by Company Company shall tv required to resume performance only in rte absence of Ifazardcus Math or when the aflacted area has been tendered harmims In no event shalt Cornpany be obligated to transport or handle Harardbu5 Maferls*s. provide aft n Vices to any guternrmerhtal Van y, or examine the premises site for the presence of Hazardous Materials. 11 Insurame. Company agrees to mairill m rte following insurance during the term of this Agreement »ith Firtats nd lass than shown+ bek w and will, upon request from Cursrjrw, provide a Corlill ate d evidencing the te)do" cwenhgr: Commerpal General Liability $2,000.000 per occurrence Automobile Uabrlty $2 ow ow CSt Workers Corripensa4aa StaiMory Limits If Customer has racpussted to be narrad as an additicn4 insuwd toiler Company's irrsrwarms policy, Company cote do so but only stbliKA to Company's manu3tnpt ad4larW insured endnrse:rnerM undeer its primary C mr l -rciai General Lia d.-ty IXilkieS, In no event dies Company or rt5 ir�surer waive rights of subrogation- 14. Forts Mtajours. Companlvs dray lo pairil1rn under this Agm -invent is cuntingent ups i it* nor -occ utw" at an Event of Force itajoure. I Company is unable t4 carry out any male" oCtigal" under Urs Aryr"w,, ml due 1a an Event of Fot(e Majewre, this Agreement shall at Conwrny"s election (i) remain in effect bW Compare s obigabons shall be suspended until the uncorcrollabie event termnated or ie) be terminated upon 10 days notice so Customer, in which event Customer shall pay Company for as parts of the Services furnished to the date of larrrirration. An 'Event of Force Majeure" shad moan any cause or event beyond the control d Company dY4fhout limiting the ioregOiryT, Evextt of Farce Majol"' includes: acts d God, acts of terrorism, war or the public enemy, fiend; eartu}uak.e Mgfhahirg, tornado; storm. Irk; civil dlwbediencx parw%mic, Insurwrkm, riots; taborAabour disputes: labarlIabour or mmethal shorlages from the usual sources of stW*, sabotage: restraint by court order or pudic auttherity (whether valid or lrwaiid), and action or non -action by or inip" My to obtain or keep in We the necessary govenarwrhMf aMhorizaticats, permits. licenses. owtificates or approvals if not tweed by Ccrnpany: and the requhrc4nents of any applicable gcvenvvant in any manner oral diverts either the malarial cc the finished product to the dired or indlnsct bariek d the government 15. Maintenance Services Other Than Solely Scheduled Service. If Cornpam/s Maintenance SerAces hereunder are not imtled solely to Scheduled Service, the IelSOaehng provisions shall situ aprtly (a) Required restxaion shall be pedonned tyy Customer at its cost prior to Comparhy being obligated to @2016 Trance A!1 rights reserved Page 10 of 11 Scheduled Service Agreement juawaaj5V aagmaS palnpaLpS I 11 11 a$ed pamam Sw /, aueil 96oz(3 (Cllr) L salpz.'�dnS (Stfo) L swjej sw uw 4ouwpj000e ul alqrowcotua 'jouotsno 10 a lqn au!GtjA Aral Gp p4ej. ata S 44Stjaa IwaWaaJN s!W NOW Pole Ijjaujaajbvr Saj1 o tu! j41ua P u e ja aeAj UA altlAOjd Ot pa UOWW f#V s, IenWPIR 4 W41 4—SOX MA Pue 54u— jetjlaWO p tle4sq uo Buu6ts FOPMAPej! 941 Iuaua LV W jQP— SM110 !14o ieyyo jo IUOU Aed SO Puadsns oI 1! bu.W) W jo Btltppwwjad yjatxj 1eQut a4t 10 UIalr3ajtjj xj 6tjprtj Aue Io 1lasil pe•e Iou � jtatuolsna Iet1I Pue IjrtoO 1eq!jl w Auedujo� pstj�6e tjt>lioe Atje 6uttq lotj pvn jaurolsn� jvW '—x4 lequi *mwS• Ave a lnioo O4tri s.jou"Sna jo — I-AP%O 04101 pa" " 11 tufj'h -D W4110068 pue SOOPOW-Iloe Apsajmra (S) pue :9uawaghV sQ of poww jo to Its 6u!sue uory�y Aue jol satpewaj enelertzrrujpe jo Ijrto: Ip4u1 to uOrJ jpyxa !0 itjatjjej!rt0aj We senreAt ( *) 'aroma+ jo uwl0Apsun( CA U04Dd(go A W sawn pue - U(XIJV 4POS of SrMMW Alsseidxe (E) :PauLK4m saM vpcoM. 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To accomplish our objectives Trane has instituted safety programs, procedures and training that incorporate a progressive approach to injury prevention. Proven Safety Success Trane's safety culture in North America is unparalleled in the building services industry and has demonstrated proven results via continuous reduction of injury rates_ Trane Injury Rates v. Industry Competitors Since 2003 the US Bureau of Labor Statistics records reflect Trine's Total Recordable Rate (TRIR) and Days away from worts (DAFW) rate have been significantly lower than HVAC repair and maintenance contractors and Specialty Trade contractors (construction).Trane's safety culture in America is unparalleled in the building services industry and has demonstrated proven results via continuous reduction of injury rates. Trane's incident (OSHA) rates are consistently 50-70% below the industry average_ This outstanding safety achievement is the end result of the rigorous team oriented approach to our safety program that creates accountability and empowerment in all employees and management and fuels our institutional safety culture. This is the key to our continual improvement. Safety Tools, Training & Expertise Trane's service and contracting technicians are not only among the most skilled in the industry they are also extensively trained in safe work procedures. Our technicians receive safety training. equipment. tools. procedures. and management support to identify jobsite hazards and take appropriate measures to prevent personal injuries. The resources available to Trane technicians include: Safety Training - 20 hrs per year, including classroom and web -based platforms- -Topics include, but are not limited to, LockoutrTagout, Confined Space Entry, Hazard Communication, Respiratory Protection, Hearing Conservation, Excavations, Scaffolding, Rigging, Powered Industrial Truck operation. Ladders. Vehicle Safety, Fire Protection, PPE, Emergency Response, First Aid! CPR. • Electrical Safety - NFPA 70E compliant - electrical PPE: flame- resistant clothing: training. • Fall Protection -- full complement of fall arrest and fall restraint equipment for each technician. Ergonomics - custom- designed for HVAC field technicians. includes training. material handling equipment and procedures. x f W M1KF MUKM= MW ME"M RW LWE R rRA ME Building Services Safety Tools, Training & Expertise (continued) • Smith System Safe Driving Program - Trane's safety Managers are certified instructors; safely Managers train technicians; 1 -800 - How's My Driving ?' stickers are located on the back of service vehicles. • USDOT compliance - technicians scheduled within Material of Trade and Hours of Service limits and are fully qualified under Department of Transportation rules for driving commercial motor vehicles with GVWR >10,000 and 26,000 lbs. • Refrigerant Management - Service technicians are trained to manage refrigerant in accordance with U.S. EPA rules using a sophisticated electronic tracking system developed by Trane. • Empowerment - Technicians are empowered with full management support to address safety hazards as they see fit. If ever in doubt about how to do a job or task safely. the technician is required to ask a qualified person for assistance before proceeding with work. Management Leadership and Commitment Accident prevention is a primary responsibility of management at Trane. Trane's safety culture is based on the following management principles • Leadership at the local level manages the local organization's safety performance. • Management is financially accountable for safety performance. • Local management is actively engaged in risk reduction activities and training and manages safety performance outcomes. • Management clearly communicates to all Trane employees their safety expectations and strongly enforces compliance with those expectations. • Employees are held accountable when they fail to meet safety expectations. Local management and supervisory personnel at the local level are responsible for implementation of the following safety program elements: • The Safety Management System developed by Trane - developed in accordance with OHSAS 18041. • Audits and Inspections - Supervisors. Middle and Upper Managers must conduct field inspections. Corporate Safety conducts detailed compliance and management systems audits. • Company safety compliance programs - ensure that they are fully implemented. • Safety and environmental performance - tracked using a Balanced Scorecard with leading and lagging indicators and metrics. • Subcontractor Qualification - implement this process to promote safety and safety plan compliance on multi- employer job sites. Six Sigma and Lean - use these productivity tools to enhance safely on job sites. • Drury and Alcohol Policy - mandatory DOT required for -cause and post- accident testing after recordable injuries and property damage. • Motor Vehicle Records Search - annual checking of driving records of employees driving company vehicles. Jobsite Safety Equals Customer Value At Trane safety is part of our culture for every employee. What this means to our customers is fewer job site accidents and the delays and liability concerns that come along with them. What this means to our staff is greater confidence in the practices and procedures they use on the job and the pride that comes from working for one of the premier service organizations in the world. Tighter safety standards and fewer accidents can also lead to better on -time project completion and higher quality results. When •ou use Trane Building Services to install. maintain or upgrade your building systems �Mll take full Y 9 p9 9 . of r supe rior s afet y r lo-.v incident rat a nd s ubcontractor safety mana man p rocedures. advantage ou supe o s ty prop am, es a s ge . p u s These help you manage project risk more effectively than you could using multiple contractors or even a single prime contractor with a less impressive safety record. if'F MAU BUILDINGS W" BETTER FOR UF£