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HomeMy WebLinkAboutAgreement_General_11/10/2016 (8) s 7XWE Building Services mh SERVICE PROPOSAL FOR Tequesta Public Works .., 136 Bridge Rd. Tequesta, FL 33469 U.S.A. SI1E ADDRESS: Tequesta Public Works ` 136 Bridge Rd. Tegue.sta, FL 33469 t+ ;. U-1110 Stat , LOCAL TRAM QMCE. �. Trdne U.S. Im. 6965 Vista Par'Kway North #11 �a r West Palm beach. FL; 1 LOCAL TRANE REPRESE + -: -V Amar Sukhai Cell, (786) 423 - 419£ k ; office: (561)683.15 PROPOSAL 10!AGREEME 8ER! 4 2156270 US COMMUNITIES CONTRACT: (I USC 15-J LP -02 US COMMUNMES PROPOSAL 40- 439€58 -16-W3 A16AM t � ;2U1B 1!� Mtt 81l1�1>111fE:S Il�lleTTfR fOR [ IFf. 7XW SUdding Services 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•.ving 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. Eil Priority Response - as a Trane Service Agreement customer you will have service priority, above time and materials customers. fl Advanced Diagnostics - Trane proprietary applications and i' technologies equip technicians to analyze system performance and make actionable service recommendations. ® Trane OEM Service Delivery ensures the right services are completely rY 9 P Y and consistently performed to keep your equipment running efficiently and reliably. ® 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 LOON FORWARD TO WORKING WITH YOU. AYf !MAKE 9MOMMGS MME7r'7X BETTER FOR LIFE . B�:iimrnY; Scrzices TR1#NE SCHEDULED SERVICE AGREEMENT Added Value Proper maintenance can save an estimated 12.184c' of your budget compared to a run -to -fail approach. A Service Agreement is structured to help you capture those savings. R arch has shown that regular maintenance can: Cut unexpected breakdowns y..... ........,..........,...,...,... > Reduce dow -itime by Lower equipment repairs and maintenance costs by Reduce ene -'gy consumption by.........,. In addition to financial value, when you partner with Trane you can expect: 6 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 will 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 Cc. i•_ N"E , 8tldt0WC,5 WORK SMER FOR ltFE. 0 7X Building Services Superior Service Delivery (continued) Service Work Flow - Trane's industry exclusive service flow process includes detailed procedures that identify steps 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_ Systems serviced in this way offer a higher degree of reliability and operational longevity. Trane's exclusive service procedures deliver superior service and must reliable outcomes at the most cost- effective price Where applicable, Trane's exclusive service process meets or exceeds 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 -..� Documentation - Work performed on your equipment will be documented by the technician and reviewed with you at the completion of each visit. Operational System Optimization - Trane Technicians will review operating sequences and practices for the equipment covered by the agreement and advise you of operational improvement 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. Trans maintains an industry leading position in National Fire Protection Agency (NFPA) 70E Electrical Safely. technician ergonomics and fall protection programs. Drug -Free Workplace - Trane service maintains a Drug -Free Workplace, with a robust drug and alcohol testing program. M ANE Budd intg 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. Trane service technicians are Universal- certified and use only certified recovery equipment. Refrigerant Management Program - Trane Building Services maintains and uses Trane 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 leading provider of used oil services to recycle used oil where allowed and properly 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). �1-C Trane Intelligent Services With an active Trane service agreement and Tracer T'" 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 custorTii7ed to meet your unique requirements. In addition to Alarm Notification, this proposal also includes the following Trane Intelligent Services offers: Tequesta Public Works Scheduled Mechanical Service Agreement 3Yr. Prcposal ID: 2155909 7 . A::rl CFryl� @F Th e Ag TRANE SCHEDULED MECHANICAL SERVICF AGREEMENT SERVICE PROPOSAL FOR: Tequesta Public Works 136 Bridge Rd. Tequesta, FL 33469 U.S.A. SITE ADDRESS: ,Ir Tequesta Public Works a 136 Bridge Rd. Tequesta, FL 33469 ` United States s i b, LOCAL TRANE OFFICE. - ` Trane U.S. Inc. 6965 Vista Parkway North #11 West Palm Beach, FL 33401 LOCAL TRANE REPRESENTATTVE Amar Sukhai Cell: (786) 423 -4196 Office: ( 683 -1521 PROPOSAL ID 1 AGREEMENT NUMBER: 2156270 US COMMUNITIES CONTRACT: USC15- JLP -02 US COMMUNITIES PROPOSAL 40.439658 -1 MO3 DATE August 23, 2016 a. t 016 Trafre Ad rights reserved Pi3ge 1 of 11 Scheduled Serwee Agreement Tequesm Public Works Schf Mechanical Service Agreement 3Yr. Proposal 10: 2155909 E . Suil4fing Services TRME SCHEDULED SERVIICE 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 ONV 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 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, and/or 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 labortlabour and prices for materials. Prior to Trane performing the additional services, repairs, and/or 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. @2016 Trane Ail rights reserved Page 2 of 11 Scheduled Service Agreement Tequesta Public Works Schoduled Mechanical Service Agreement :3Yr Prr-: x)sal 10: 2155909 Buihfinrg 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. Ar7nual Maintenance Inspection (1) on all equipment listed Operating Inspections Qty(1) on all equipment listed Scheduled Maintenance Labor Scheduled Maintenance Parts and Materials Emerglency 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 $610.00 per hour, per technician. Specifically excluded under this agreement: • 10 Year Overhaul or 10 year140.000 hour R'Newal Service if applicable • Repairs due to corrosion or erasion 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) 6n2f]tf lrrrre fa;i nW is !0sewed P've 3 0! ? I Scheduled Service; Agreement Tequesta Public Works Scheduled Mechanical Service Agreement 3Yr. Proposal 10: 2155909 to ME Sudc6ng Services TRANS SCHEDULED SERVICE AGREEMENT Equipment coverage and Services The following "Covered Equipment" will be serviced at: Tequesta Public Works Mechanical System: Equipment laty Manufacturer Model Number Serial Number C ondenser Una 11 Carrier 38AUZA08AOB 10312C91086 Air Handler Unit 1 Carrier 1 40RUAA08A2A 1291IU30529 Description Quantity Per Term Annual Factory Recommended Maintenance 1 Bi- annual Operational Inspection 1 02016 Trane Ad rights reserved Page 4 of 11 Scheduled Service Agreement I Teauesta Public Works Scheduled Mechanical Service Agreement 3Yr Prr,,posal If7: 2155%o rJNNE Building Services TRANE SCHEDULED SERVICE AGREEMENT Customer service Flows 0t; 19 . ov r 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 Diagnosbcs • 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 Power • Start Unit • Complete Required Paper Work 02016 Trane Ad rights res€ rvea Page 5 of 17 Scheduled Service Agreement Tequesta Public Works Scheduled Mechanical Service Agreement 3Yr. Proposal ID: 2155909 rAmm Buil&ng Se�vrs�8 Air Handier Annual Maintenance Description • Customer Notification • Initial Site Safety Inspection • Visual Equipment Inspection • Lock Out Tag Out • Electical Inspection • Supply Fan and Motor Inspection • Meg Supply Fan • Condensate Drip Pan Treatment • Condensate Inspection • Air Handler Filter Inspection • Return Unit to Normal Operation • Manual Log With Electronic Device Air Handler Quarterly Maintenance Description • Check the general condition of the unit. • 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 Ail rights ,mserved AWe 6 of 1 Scheduled Serum; Agreement i Tequesta Public Works Scheduled Mechanical Service Agreement 3Yr. Proposal ID: 2155909 MME ! qw Building Services TRANE SCHEDULED MECHANICAL SERVICE AGREEMENT Pricing and Acceptance Douglas Chambers Site Address: Superintendent Tequesta Public Works Taquesta Public Works 136 Bridge Rd. 136 Bridge Rd. Tequesta, FL 33469 Tequesta, FL 33469 United States 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'). Trane 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 PRICING USES THE US COMMUNITIES CONTRACT 15-JLP -423 PRICING STRUCTURE AND APPROVED RATES, Mechanical Straight 7`Ime $1321Hr Overtime S198✓Hr Holiday $264,ir Contract Year Annual Amount Bi- Annual Contract T Year -1 $1,492.00 $736.00 Mechanical Inspection Org Year -2 $1,492.00 $736.00 Mechanical Inspection Onl Year -3 $1,492.00 $736.00 Mechanical Inspection Onl ® 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 T t-,wr% and Customer have both signed this Agreement in the spaces provided below. @2016 Trane AN rights reserved Page 7 of 11 Scheduled Service Agreement Tequesta Public Works Scheduled Mechanical Service Agreement 3Yr. Proposal ID: 2155909 fXWE Budding Services Following expiration of the initial term on September 30, 2019, fibs 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 Trans by telephone or by U.S, mail prior to the expiration date set forth in the preceding sentence. If any questions arise regarding this Service Agreement or how to cancel this Agreement. Trans can be reached either by telephone at or by direct mail addressed to: 2884 Corporate Way Miramar, FL 33025. Renewal Pricing Adjustrtr►ent 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 used on changes to the cost of service. The Service Fees for an impending Renewal Term shall be set forth in the service renewal letter lurrushed 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 0 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, if 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 Agreement 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 Agraaeterrt is subject to Customer's acceptance of the attached Trans Terms and Conditions (Service). - - - - -- ........__..__.__.. _ Submitted By: Amar Suldtai Cell (786) 4234196 Office. (561) 683 -1521 Proposal Date: August 23, 2016 CVgONfR ACCEPTANCE TRANE ACCEPTANCE Authorize Representative f� Yen ran Authorized Representative Printed Name Title: Services - Account Manager Title 00 *10 ✓' Signature Date: Aucusl 23, 2016 Purchase Order Acceptance Date I I — i,� Li cense Number: CACO23485 @2016 Trane AY rights .reserved Page 8 of 11 Scheduled Service Agreement Tequesta Public Works Scheduled Mechanical Service Agreement 3Yr. Proposal 10: 2155909 Terms and Conditions (Service) "Company" shah mean Trans U.S Inc. for Company performance in the United States and Trane Canada ULC for Company performance in Canada. t. AWurnent Tttese teenhs and tondficns ;'Terms') are an .'tfCgr* part of Company s offer dr.; town ire tki;rs a! Yiy aqaemeru {true 'AgaftmanYt resuMing trim Company's proposal (the 'Proposmri for the lolfow frig rxrrmtr ,ti servIoes as stated in the Proposal (callectevey, the 'Servlcea'} Inspection maintenance and repair Itite `Araintanance Servtces') on equip riemt (the 'Cowwad Eghipmertl`) specied Additional Work tit anyl and, d included in the Proposal, Intelligent Services, Energy Assessment, Energy Performance Solutions, and any other services using rwnote connectivity (cak"vdy and individually reteured to in these Trxnhs as 'Energy and Butting Pe formar,cie Services'). COMPAMrS TERMS ARE SUBJECT TO PERIODIC CHANGE OR AMENOMENT. 2- Acceptance. ?tote Proposal is su blecl to acceptance n wnsng by the party to v tipm tru; alter is made or an a tOvAn:ed agent ('Customer") delivered to, Company cirri 30 days from the date of the Proposal. If Customer accepts the Pmpctaf by ptsang an order, wshout the addition of any other terms and conditions of sale or any other modfica on, Customer's order shat be deemed acceptance of tie Proposal su"ect to these Terms and Conditions. If Customer's ordbt is expressly conditioned upon Company's acceptance or assent to terms axvs;dx uondituons other their those expres-4-rd herein, return of ;uch order by Company with Comparny s Terms and Condlbrmra attadraed or referenced sores as Company's notice of ohjectlon to Cur tamers hers, and as Comparrt s courtier -offer to perform In accordance with the Proposal and Company Terms and Conditions. If Customer does not reject of ob(ed in writing to Company within 10 days. Company's courtlier -offer will be deemed accepted. CuxstomoWs acceptance of perkxmencs by Company tri n any sverdt constitute an acceptance br Customer d Ccmpanars Terms and Condilli" Tres Agreement is suyodx to credit approval try Company, upon disapproval of credit, Company may dray or suspend perlorrmancee or, at ns option, reregdtiate prices andror Terms and Conditions mih Customer. If Comperry and Customer are unable to agree an such revisions, this Agreement shall be canceled wilhodt any 6abdAy. other than Customers obligation to pay for Servings provided by Company to the data of cancellation. 3- Fees and Taxes. Fees for the Services (the 'Service Fees - ) are as set forth In the Proposal. Excepl as othermse stated in the Proposa ii. Service Fees are b e-o on perfarrusrtce during regular busireess roams. Charges for performance outside Company's normal business hours shall be bled separately according to then prevail" o +ertimer or emergency labor'labour rates. In addition to the stated Seo" Fees, Customer shall .-ray as taxes not i utQLwed to be paid by Company or alternatively, shall provide Company with an acceptank tax exemption crrttkate 4 Payrnfint- Payment Is due upon receo of Company's invoke_ Seivhce Fees shelf be Maid no less iequentfi than quarterly and in advance ayt performance of the Services Company reserves the ram to add to any account ciumvinding for more than 30 days a 3efvice charge equal to the Imser of the maximum allowable kKo interest rate or 1.5% of trio principal amount derie at the end of each month Without kabdly to Customer, Company may discontinue performance wh"ret payment is overdue Customw stetip pay all ooshs (iictuding ationisys fecal inc urrod Ey Gornpanny in attempting to oolfeci amounts due rN (thrruvlci: enktring the Agreement. & Customer Breach, Each of the fopbwrg consttutes a breach by Customer and shall give Company the right wiilhout an election of remedies, to suspend performance or ±ennnate this Agreement by delivery of written, dedaring termination. upon termination, Customer shall be liable to the Company for all Services livreshe.7 to date and all derrcages sustained by Compaq ,Vp*Kfi'ng lost profit and overhead): (a) Any failure by Ousiomet to pay amwMS when duo: (b) any general rss,grarhera by Customer for the benefit of Its creaW si. Customer's benknglcy, insoh envy, or reaenfershlp; (c) Any repreesesatadpn or warranty furnished by Customer in oo nection ml h this Agmemerit is false or misleading in any material respect when made; or (d) Any failure by Customer to perform or comply with any material provision of this Agreement & PailIam ance. Company shell perform ode Senders in accordar oa with mddustry standards ganerally applicable in the state or province mere the Services are performed under srner orcumistances vii here Company perlorms the SerAces Company may refuse to perform where working conQtxorns could endanger property or put people at risk. Unless- o&Kwvaise agreed by Customer and Company, at Customers expense and before the Services begin, Customer wd provide any necsssary access platforms, catwalks to safety perform the Services in compliance with OSHA, stale o prouinctal industrial safety regutabons or arty other appitabfa nousIdaill sailety standards or guidelines This Agreement presupposes Oise all major places of Covered Equipment are In proper operating condition as of the date hereof. Services kirnished are premised an the Covered Equipment being in a maintainable condtion. In no everts shall Company have any obligation to replace Covered Eclwpment that in no longer maintainable - During the fist 30 clays of this Agreement, or upon initial inspection, andlor upon seasonal start -up 11 Included in the strocas). a an wirspeictionh by Company of Covered Equiprneadl indicates repws or repiacanw nt is required, Company will provide a written quotaloon for suo repairs or replacement. t Customer does not authorize such repatfs or regpta,trmera Company may remove the unacceptable egdrpmtrd from the Covered Equipment and ed#rA the Service Feas accordia,)fy. Customer au,thormas Company to utilize Customer's telephone line or network infrastructure to connect to controls, systems ardor "Mont provided or senioed by Company and to provide Services ocweracted for or othermse requiested by Customer, including remote diagnostic and repair service. Custcow arcknowtedgIrs that Company is not ritsponsibe for any adverse impact to Customers communications and network Inbastnicfue Company may elect to hrsua6eanaeh to CtAt+r iar equipment or provide portable devices (hardware anddor software) for execution of control or diagnostic procedures,. Such devices shah remain the perscrsl proprietary property of Company and in no event shag become a fedurs of Customs locations. Customer attar not acquire any interest, title or equity in any hardware, sofheare, processes. and other intellectual or prepW!ary rights to devices used in axmection with the Services on Custorna equipment COMOMy may remove such dtvica at us dtscretion Parts used far am repairs made will be those sewied by Company as suitable for the repair and may be parts not manuilaoured by Company T. Customer Obfiyatknts. Customer shalt (a) Provide Company reasonable and safe access to the Covered Equipmotint and areas Owe Company is to work; (b) Follow manufacturer recmnmendatio`is concerning Isadmom and internal mrspection, major overhaul, restoration or refurtvsMg of the Covered Equipment; uniless e*ftssf stared tr he Scope of 5ervhces statement. Company Is not pedoffmahg any marVacturer recommended tewdown and Internal inspection, major overhaul, restoration or rWurbishirg of the Covered Equipment: and (c) Where applicable, unless water treatment is expressly included in We Services, provide p-otessional cooling wwe r , water treatment in accordance with any reasonable recommendations provided by Comparry t3. Excfuslow Urw*ss expressly Inckrded M the Covered Equipmherdt or the Services. tree Services do not inci x1e. and Company shall not be rewii dsoe tot of Iial* to the Customer to any dabmg, losses, damages or expenses suffered by tie Customer in any way connected %Wh. relating to or ar*dV bon, any of thie following (a) Any guarantee of room condnions or system perfamhana:e: (b) Inspection, ma rwariance, repair, replacement of or services for chilled water and condenser water pumps and piping, electrtcd disconnect sw llche5 or circuit breakers; motor starting equipment that es not factory mounted red and interconnecting power wring; w-vdry or portable "riurnents, gauges or tiierrrxxnWom non -mciving parts or non- mainlainable parts of the system. im4u V, but not limited to. storage taruca. pr& , s%Jre vessels, sheus, rails, tubes • housings, cas:ir>¢e, casings. drain pans, panels, duct werk, piping hydraulic, hydren,a, pn&umabc, gas.. or refrigerant; insulation: pipe covering, refrac2oy material, fuses, urN cabinets; electrical wring; duclvvork or cotbdii. . electrical distntuton system, hydroid structural supports and sirni ar dems: ups appearance of demwaifve casing or cabinets; damage sustained by other equipment or systems. a+dv'or any failure. misadjustment or design deficiencies in ofher equipment or systemsv (c) Damage, repairs or replaoemmnt of parts made necessary as a resalt of ekc't6"r power failure, low varaga turned out main or branch fuses, low water pressure, vaindallsm, misuse oT abuse, wear and leaf, end of life fzftfe water damage, improper operation, unauthorized alteration of equipment, accident arts or onissirins of Curstcxner or othem cllienage due to treeing weather. calamity. malicious act. or arty Event of Force Majeume. (d) Any damage or maltuncfion resul ling from - ,brawn. Oecirotytie action, freezing, contamination. corrosion, erosion, or cau did by state or sludge on imemal l bee exctipt where waver treatment protection se4 trs ate provided by Company as part of ems Agreement. (e) Furnishing any name of equipment, marenal, or taborflabour or performing spedal tests recommended of required by insurance companies of fe ieny, state, or local govenrnsnlr (f) Fa"kre or irhsdequady d any structure or loindation supporting or surrounding the equipnerd to be worked on or any potion thereof. (g) BulldwV access or alterabons that majl be nec msary to repay or repiaoa C ssiontes s existing equipment: (h) The normal function of starting and slopping equipment or the opennp and dosa+g of valves. Crimpers or regulators nonraatry Installed to prated equipment against damage: (1) that are not factory mounted: loaWnce. stop, control, and other valves exlemal to the device unless speaRcary nduded in the Agreement; {3) Any responstay for design or redesign of the syUmn or the Covered Equipment, obsolescence. safety tests, or removal or renstalabori of vitae bodies and dampers; (c) Any services. claims, or damages arising out of Custorm r s failure to comply with its obligations under this Agreern lank (1) Faauae d Customer to foltow manufacturer recommend3ford concerning teardawn and rMm eal inspection, tr.lrhaul and refurbishirnj of equipment. (m) Any claims. damages, bases, or expenses, arisidg from or related to conditions that existed n. on. or upon the pr+ernises before the effective date of this Agreement ('Pre- Ex+stirg Coridibons`k rhdvding, without irritation, damages. losses, or expenses ifreatving pre- existing budding em+elope issues, mechanical issues, phwnbing issues, andlor indoor m quality issues @2O16 Trane All rights .resertred Page 9 of 11 Scheduled SerAice, Agreement Tequesta Public Works Scheduled Mechanical Service Agreernefld 3Yr. Proposal ID: 2155909 involving mowrould and hogi in) Replacement of refngeram is excluded, unless replacement of refrigerant Is expressly stated as included mlhin th+e Services. in wtwin case replacement shy in no event exceed the stated percentage of rated system charge per year expressly stated in the Services. (o) aana or rigging costs, (p) Any Services, clams, or damages arising art of refrigerant not supplied by Trans. Customer straw be responsible for (i) The cost of any additional r refrigerwC (1) OpersOm of any equipment. and (iii) Any Clairr►S, damages, losses Or E>pwrhSGS, wising from or retied to work done by or services providled by individuals or entities dug are not employed by or tired by Company 9. Limited Warranty. Company warrants that (a) the material rtanrdacwred by Company and provided to Customer in performance or the Serviow is free from detects in material and nanuftektre For a period of 12 nlori fts to m the earlier of the data or equipment slarl -up or replacement and (b) the laborMabour portion of ft Mantertance Servims anti Additional Work has been ptopeAy performed F)r a Iexiod of 90 days from date of completion (the 1ATAted W amaMy') Company obligations of equipment start-up. I any are stated it the Proposal, are cotenminoLn vii the Lim" Warranty period. Defects maid be reported to Comparry within the Limited Warranty penal Company's obligation under the Limited Warranty is l rniled to tape" or replacing the dalectwe part at its option and to correcting any laborfiabour imprvpesly pewfofmod by Company No Lability whatsrhewrer shall attach to Company until the Mainrarge Services and Additional work twee been paid for in tug Ercluslons from this WY wrarty include claim-,. LT33es damages and expensen In any way ccn utd w1M, related to or arising from failure or malfunction of equipment due to the fie viiin3 wear and tear erul (f ii ',a+ture: corrosion erosion: deterioration: Customer's failure to follow, the Company- provided maintenance plan: unauthorized or xrprwer maintenance. un , +, -,, m improper Parts or material; refrigerant not supplied by Trane; end mocik Ovs made by Scow mrrimmnts Of e�iprrnent rxtanutacrxed GY Company srray tie evananted dxecdy h xrr tt,e nmrponent :r + in which Case this Lwnrled Warranty sihall not apply to those components and any urrramy of such components shaft be warranty gw n by suct ) suppaer. HotvvAnsu"ing the foregoing a1 warrenties provided herein temwiate, upon termkratimn or care alttMbrn Of ;hi: Agrixmert Equipmortii : , . ndlo parts ttwal are stint man+xachxed by C4xripany are nor warranted by Company and have such Aarranties as may be exwcied by the respectva na, uidcturer THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE THE SOLE AND EXCLUSIVE REMEDIES FOR WARRANTY CLAIMS PROVIDED BY COMPANY TO CUSTOMER UNDER THIS AGREEMENT AND ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES. LIABILITIES, CONOrTIONB AND REMEDIES. WHETHER IN CONTRACT, WARRANTY, STATUTE OR TORT (INCLUDING NEGLIGENCE), EXPRESS OR IMPLIED, IN LAW OR IN FACT. INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND.IOR OTHERS ARISING FROM COURSE OF DEALING OR TRADE, COMPANY FXPRFSSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, ENDORSEMENTS OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED. INCLUDING ANY IMPLIED WARRANTIES OF QUALITY, FITNESS, MERCHANTABILITY, DURABILITY AND!OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE OR REGARDING PREVENTION BY THE SCOPE Of SERVICES, OR ANY COMPONENT THEREOF. OF MOLDAAOULD. FUNGUS, BACTERL4. MICROBIAL GROWTH, OR ANY OTHER CONTAMINATES. COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY IF THE SCOPE OF SERVICES OR ANY COMPONENT THEREOF IS USED TO PREVENT OR INHIBIT THE GROWTH OF SUCH MATERIALS, THE ENERGY AND BUILDING PERFORMANCE SERVICES ARE PROVIDED ON AN `AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. 10. Indemnity. To the maxnmtrm extent permitted by law. Company and Customer shall indemnify and hold harmless each c4her frw an and all chatms, actions, costs, ertpemses, damages and k.ablilies, including reasonabie attorneys' fees, r from death cc bodily injury or damage to real or personal property, to tie ednnt caused by the rsegigartce or miscxond -- of the indemnifying party, ar4or its respect re er a , other aAhonzed agents in con w Afton with their activities within the scope of this Agreement 4CA party shall indentlO) the ether against c '.arrs damage- -. exi:W%S", of kab lies to the extent attneutat4e to the acts or omisworks of the other party or turd parties. 9 the parties are both at fault, the oWAption to indemnity staf he proportional to thiair relative fault_ The duly to indem.4y and hold harmless will c-ontinue in full face and effect, notwithstanding the expiration or easy termination of this Agreement, with to any clams b r;-A cn facts or condtimris that o prior to expiation or termination of his Agreement. 11. Umilation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY. NEITHER PARTY SHALL BE LIABLE FOR SPECIAL. INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSSES OR DAMAGES Of ANY KIND (INCLUDING WITHOUT LIMITATION REFRIGERANT LOSS. PRODUCT LOSS, LOST REVENUE OR PROFITS, OR LIABILITY TO THIRD PARTIES), OR PUNITIVE DAMAGES WHETHER BASED IN CONTRACT, WARRANTY, STATUTE, TORT (INCLUDING NEGLIGENCE) STRICT LIABILITY. INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS, NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE TOTAL AND AGGREGATE LbABNUTY OF THE COMPANY TO THE CUSTOMER WITH RESPECT TO ANY AND ALL CLAIMS CONNECTED WITH. RELATED TO OR ARISING FROM THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT. WHETHER BASED IN CONTRACT. WARRANTY STATUTE, TORT {INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS. SHALL NOT EXCEED THE COMPENSATION RECEIVED BY COMPANY OVER THE 12 MONTH PERIOD PRECEDING THE DATE OF OCCURRENCE FOR THE SERVICES AND ADDITIONAL WORK FOR THE LOCATION WHERE THE LOSS OCCURRED. IN NO EVENT SKULL COMPANY BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT OR INDIRECT) RESULTING FROM MOLDRAOULD. FUNGUS, BACTERIA, MICROBIAL GROWTH. OR OTHER CONTAMINATES OR AIRBORNE BIOLOGICAL AGENTS TO THE MAXIMUM EXTENT ALLOWED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY Or THE FOLLOWING IN CONNECTION WITH PROVIDING THE ENERGY AND BUILDING PERFORMANCE SERVICES. INTERRUPTION, DELETION. DEFECT, DELAY IN OPERATION OR TRANSMISSION: CUSTOMER'S NETWORK SECURITY; COMPUTER VIRUS: COMMUNICATION FAILURE: THEFT OR DESTRUCTION OF DATA: GAPS IN DATA COLLECTIED; AND UNAUTHORIZED ACCESS TO CUSTOMERS DATA OR COMMUNICATIONS NETWORK. 12. Asbestos and Hazardous Materiels- Tr,e Services expoksilt exclude any ici- ntskauan, abalenwera, r:ieanup crr:ir0+, d+spoiat, rernoval of Other won connected with asbestos pdyctdonnaliad biphenyl ( "PCB'), or odwer hazardous materials (icolectivaly. *Hazardous MatenaPs" ). Customer warrants and represents that Ehete are no Hazardous 14fateriats on tie premises that wig in any way acted Company's performance, except as set lath in a writing signed try Company discfclsirg the existence and location of any Hazardous ktaaterials in all areas +whin which Company v6A be petform►uwg. Shodd Company b&:Crne aware at a suspect the presence of Hazardcius Matenah, Company may mmedtately stop *oA in the affected area and notify Customer Customer wlt be responsible for correcting the condition in accordance with ail applecoble laws and regutaborcq Customer shall be exrkusively responsible for and shat indemnify and hold harmless Comp my (including its employees, agents and subcontractors) from and aganst any foss, claun, liability, fees, penalties, tqury (including death) or Lability of any nature. and the pa Bile a u thereof, arising oil of or relating W any Hazardous Materials on or about the promises, Hirt bmught onto Me prrarnirses by Company Company at" be regimed to resume performance only in the ab rime of Hazardous Materilials or when Ire of iF -.,vO area has been rendered harmless- In no event shall Company t>e obligated to transport or handle Hazardous Materials. provide any rnofices to any gatermnerdal agency, or examine the premises site for the preswice of Hazardous Materials. 13. Insurance. Conpsny agrees to rrrantarh the follumnig irxurance during the term of piss Agrec>rnent with MTkft lax k ,s then shoo" below and will, upon request from Customer, provide a CerMkme of evidencing the f 7ICrMng coverage: Commercial Ckineral Liability $2,000.0%) par occurrence Automobile LiAtwety $2,000.000 CSL Workers COrhip. -em Lion StabooryrLrriits If Customer has reTuesled to be named as an additional irestred tender Company's insurance policy, Company wAl do so but only subled to Company's manuscript additional insured emkrsement under its primary Gorrrnerc al General Liability policies, In no evert dtxz Company or Its innsury waive rights of subxogabon. 14. Forts Maj*ime. Corsi duty to perform under this Agreement is continnera upon the non- eccurtla(ce of an Event of Force Ma}gaxe, M Company is unable to carry cut any malaial obtigabirr under thin Agreement due to an Event of Face Majeure, this Agree m. -nil shy at Company's election (i) remain in etfetx W Company's obligations ,hall be snrspended until the uncor"able event termwrales or (r) be terminated trpooRn 10 days notice to CuAorner, in which event Customer show pay Company for all pans d the Services furnished to Ile ,late of lerrrrntation. An 'Event of Force Ma)eure" shah man any cause or event beyond ttte control d Company. V: ithout limiting the foregoing. 'Event of Force M* iindudes: acts or Gad, acts of temor6m, war at ire public enem Flood; earttquatce, lightning: tornado: storm, fire: civil disobedience, pandemic; insurrections, riots; IaborAabou disputes, laboolabour or nna serial shortages from the usual sources oI supply: sabotage; antra" t9y court adet or public autthodity (w thtteer valid or invalid), and ecti9n or non action by or nabildy to obtain or keep in force the necessary governmental arxwonzatiOns, permits, licenses, certificates at approvals if not caused by Company; and the re of any applicable govemmient in any manner that riv % either the materiel or the finished product to the direct or indirect benefit of the gwernmerit- 15. Malnlenanct Services Other Thera Solely SOisduled Services. N Company's Uanianw to Services trereueder are not b"ed solely to Scheduled Service, the folloacg provisions shall also apft (a) Required restoration shad be performed by Cu-ctorn r at its cost prior to Ccfnpalnii tying obligated to perform hersundec. (b) any changes„ ad0sit rants, service or repairs made to the Equonieril by any party other than Company, unless approved by Company in writing, may, at Campany's option terminate Company's obligation to render further service to the Eg4m ent so aQer3ed; in such case no refund of any portion of the Service Fees shall be made: and (t) Customer t (r) promptly notify Company of any untrsual perliow anry of Equipment (ii) pemuti 0* Company personnel to repot or adµ,st Egtiprnwo and'or controls Mining the Term or a Renewelf Tenn: and (*I) urtlrsp clue Ned personnel to proPedy operate the Equipment to accordance with the applicable operating manuals end recommended proceduea @2016 Trane All rights reserved Paige 10 of 1 1 Scheduled Service Agreement Tequesta Public Works Scheduled Mechanical Service Agreement 3Yr. Proposal ID: 2155909 i6. Remote Commeeuvity. Customer groats b Company the n9tr to remotely connect Ma phone mclem. internet or other agreed upon mdarrs) to Cuslomees building avrtaratron system (BAS) and or WAC equipment to view. Extract, or otherwise collect and retain data from the BAS, HVAC egcapment or other building systems and to diagnose and mininte!y make repairs at Customer's request The Weli gent Services, incbmT any reports and other information Company pmvdes. we Intended to provide apetational asseswnerds and reoornmer4aat3m Meetrodc Monitoring Any electrorw- monitoring Company performs is undertakers solely to enable Corrpany to collect the data and perform any ana ysrs irxJude i in Cunpeny's Services Customer aaees that Company is not hable for stability to perform and or losses that may occur in cases of malfurct+on or nonfunctioning of cowanunication , equprneM HVAC and other equipment, he energy management sirtam failure to identify equivew nt or system performance issues, faire to recommend cotrec5ve auuor, or otherwise staled to the monlioring of Customers a4r;rw=nt and hu4Qrg; sroams Data Collected. Cuitlomar heratyy grames to Company me rrevor�Wa, perpetual, nonewckmver, worldwide, royalty -free right and uoense to use repvoduce display, distribute internally or externally and prepare derivative works based upon any such data Company collects from Customer- Company shall not use or publish such date in any way that identifies Customer as the source of that data without Cusbomnsr's prior written consent The data Company will collect from Customer will not include any personal or ndirrkral information. Upon Customers written request, Company vM endeavor to provide an electronic copy or data Wiecied from Customer, subject to eved"y. For Energy and ButOrng Pertormancs Servscas (evept Energy Assessments and digital ae9essmerses) Company will use cofv. raary reasonable efforts to afore Cusbrnees dta for up to 18 months. Company cannot guuaraniee the a raitabdoty of the data Data Privacy and Security. Company has impternenlad various ascuily measues for Ohs purpose of protecong CustaneVs data against aoadentai or unlawful arXeSs, unauthorized dsrAOaaxe, loss, best zbxn and afteresion Custorer is responsible, torffkmntainkV Cse con6oenlWllty of Customers user names) and password(s). CustcvrKr is responsible for ar uses of Customers password(sy wthether or not suhorized by Custorner Customer must norm Company immadralely of any unauthr rzed use of Customers user names) or passwadts) Transmission of dta over the inlarnot by Its nature entails the me of systems under the conlrol of thud parlVes, and as a result Company cannot ensure total control of trio security o( such sysfoms Company will talc commercially reasonable efforts to oniture that 0.7ta and other COmilgiv t<rn parameters are not'- a3ible or accessed by other customers Customer acknome&ps mat the very nature of communication we the trntartlel restricts Corr4wy from offering any guarantee of the privacy or cccfdenba61y of vrfo mation in"inp to Customer passrg over the lnternet. In ganmg access we the YMernert, Customer also adupwdadges and accepts that etect"Yk communication may not be free from irterference by unauthorized persons and may not reman confidential Cusi imer therefore am" that access and siGryge of data is at Customers own risk Company will notify Customer 0 any breach in security of which Company became aware. Any breach In privacy of which Customer benrrte aware should be reported by Customer to Company Wone eleti, Company does not disclose Customer's information to Ihrd parties for their marketing purposes. but Company does use third party software and seryton to assist Company with collecting and analyzing nfomn~ Company may aho drsrjose Customers nlomnalion it required to do so by law, in which case, Company woo-3id inform Customer of such disclosure 17. General. E>eeept as provided below Do the maximum extent provided by law. this Agreement is made and shall be interpreted and enforced in accordance with the laws of time stale or province in which Company performs the Services. Any dispute ansing under or retaUng to this Agreement shah be decided by wiga bon in a court of competent junsdfcvam btimod in the state or p Nvxje in which the Servsuss ors peflonTned To Orr extent Vie premises are owned arrihx operated by any agency of the United Stales Federal Government detemrnatlon of Any subsuanthe blue of law shall be according to the UrMed States Federy common law of Go%wwriant contracts as wwnctated and apoiiCd by United States Federal p ketal bodies and boards of rantract appeals of the United States Federal GovBrmherk This Agreement cnxrtalns as of the agreements, representations and understandings d the parties and supersedes all previous understandings. commrtnfMNs or agr"rnenh, Drat or wriltrn, robbed b this Services If any term or oondilgn of Chits Agreement i5 irwaFd. iegel or incapable of being enkircad by any rule of law. as orsrx Term ot Chris Agraernarr will newtir - reman in full lore and eflec1 as long as the eorxxxNc or legal substance of the transaction contemplated hereby is not affected in a manner adverse to any party hereto_ Customer may not assign, t or axnvey this Agreement, or any pail hereof, without tree written consent of Company. Subbed lo Ore foregoing. this Agreement shall bind and inure to one benek of the Wits hereto and If%& W, mined sume stirs and assign The Agegemer4 may be ezeoAed in several optinterparts, each of which wheat erearled shall be deemed to be an original, but all togeOw shall con call ute but one and rte same Agreerrsem. A fully executed facsimile copy hereof or the aeveral counterparts shall suffice as an crginal Customer may not assign, tran sfer. or convey this Agreement. rx any part hered, or Its right, title or intemst owe n, without the written consent d Company. Subject to Ow foregoing, this Agreenw ^t shall be binding upon and Ours to the oeriall of the parti@*' wipec?ivo successors and assigns. No foible rx delay try the Company in enforcing , *n . d r ;t is exercising env rarrely ;rndrr Yhk AgtP"—herw III bit deemed so l.w a waver by then Company of any right c remedy. I& Equal Emplarrment OpporhmiltyfAffirmative Acton Clause. Company is a fedora[ contractor iha4 s1xrV s fury with Executrre tr4et 11246, as annerwed, and rte atV-k ahle regulaborm come~ In 41 C F.R. Pon 60.1 through 60460. 25 U S.C. Section 793 J'+G the applicable regulatt" oontained in 41 C.F_R, Part 60 -741, a•d 36 U -S.0 Section 4212 and the applcable regulations 4untamed n At C F R. Pad 60 -250 Executive Order 13496 and Setxion 29 CFR 471, appendix A to subpart A, regarding the notice of employee righlis M the United Statics and with Canadian Charter of Rights and Freedoms Schedule B b the Canada Act 1x82 (UX) 1982. c. 1 i and applicable Provi+dat Lipman Rights Codes and employment law in Canada. 19, U - S - Govemmisnt Services. The fallowing provision applies only to dkW sales by Company to the US Government. The Parties all rmowtedpe that as items or services ordered and delivered under thus Agreen�n .ra Ounimerrral Item; a6 defined under Part 12 of Irre Feel ral Acqubuoon Regulation (FAR). In particular, Comp" agrees to be hard only by those Federal contra-zing, clause's that apply to 'commeraW a4wkiars and that are contained in FAR 52212 - 5fe)(1) Company :orrndbs with 52.2 t9d3 x52.219 -9 M its sav+ce d irhsta11a1itrh uontracing businossa. The fullowkV provision applies only to Indirect Was by Company to the US Governrrwtt As a Commercial item Subcontractor, Company accepts ony the folomrip mandatory how down provesl rs 52219-6, 52 222 -26, 52 222 -35; 52.222 -36: 52.222.39; 52.247 -64 d tare Services are in connection with a U_S- Go contract Cr llcmer cerDdes that it has provided and vws provide current, accurate. and complete ifrtorrr:s .on. representations and cedihcatitxus to aw gavenirment ofiicials. including but not limited to the contracting ofbcer and officials of the Small Business Admr suat# on all matters related to the prime contract including but not te'rited to all aspects of its rnxtersfup, efg ibiity, and performance Arything herein nohvthstandrna, Company hhr have no obligations to Customer unless and until Custorroer provides Company with a VW CMect and cenhpieoe exeGoted copy of the prone cormract. Upon request Customer ail provide Copies to COnvany of all requested written communications with any government official related to the prime contract plot to or concurrent wWlh the exieourticn thereof. Including but ro Imbed to any cumrnunica6ons refaced to Customer's cayheship, eligitrbry or iw rrmance of the prn+e contract. Customer will obtain vw*en authonzyuon and approval from Company pnor to pcviding amy govftimeM officlal any ruktmhaton about Comparres padfortnance of the Services that are the subfect of the Proposal or this Agreemem other tha Ne Proposal a t1ti3 Attrebment 20. Limited Waiver of Sovereign Immurility. if CArAomer is an Irdan tribe (in the U.S_) or a Fast Nation of Band Council (n Canada). Customer, whether acting in its eapacutr as a government. entity, a dJy organized corporate entity or otherwise, for itself and for As agents, successors, and assigns (1) hereby provides this WNW waiver or 4s sovereign immuxrty as t0 any damages, clams, Lawsuit. or cause of acafon (herein 'Action') brought against Customer by Ccniparry and arising or ate jed to arise out or the lumrsttatg by Company d emir product or service under this Agreement. whether such Action is based in con tract Kurt strict Ilabrtty. civil tabWity or any other legwf theory, (2) agrees that jurisdiction and venue Oct any such Action shall be proper and valid (a) if Customer is in One U S., in any stale or United States court located in the state in which Company is perfonr+ng this Agreement or (b) i Customer is in Canada, in the superior court of the proAnce or territory in which she %wok was perfumed: (3) expressly conserhts to such Action, and wahres any objection to µrrsdhdlon or otaue. (4) wanve3 any mqulreeront of OtdhaASM of moat Court or adrrWrstrative remettres tit any Action arising our of or retailed to this Agreemant and (5) expressby acknowledges and agrees that Company is not subject to the jurisdiction of Custorrec s thbai cart or any similar tribal forum, that Customer will not bring arty action aga rrQ Company in tribal court and that Customer *4 not avail itself of any nuinj or uSredion of the Inbal court permitting or dtrocling it to suspend as payment or o dw obligations under thin Agree•nent. The indi+/idul wgning on behalf of Customer warrants and represents that such , rhdnvdual is duly aubiatized to provide ors waiver and enter Into This Agreement aril that tars Agreement constitutes be valid and legacy blinding oW¢aion of Cu stprner, enforceable in accordance with ds tefms- 1.2$.130.7 (0415) Supersedes t- 28,130 -7 (1114) 02016 Trane /4:; ;; t. �, Page } 1 of 11 Scheduled Service Agreement 7E Brr�:'aan., .SCrr+ ;:cis Append CON?ENTS Safety .j w an mo wm offm An av .. MANE S afety eu►ld;F;g services r f 1 Trane's Safety Standard Trane is committed to providing a safe work environment for all employees and to preventing accidents in its business operations. 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 Trane'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 ° , 4 6 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, LockoutlTagoul, Confined Space Entry, Hazard Communication, Respiratory ProtecUon, Hearing Conservation, Excavations. Scaffolding, Rigging, Powered Industrial Truck operation. Ladders. Vehicle Safety, Fire Protection, PPE, Emergency Response. First Aid i 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. rr¢ M"F sun nmcs WWK #MM FM L#E" 7M4W • Sates 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 safely program elements: • The Safety Management System developed by Trane - developed in accordance with OHSAS 18001. • Audits and Inspections - Supervisors. Middle and Upper Managers must conduct field inspections. Corporate Safely 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 Oualification - 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 safety on job sites. • Drug 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 lob 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 you use Trane Building Services to install, maintain or upgrade your building systems you will take full advantage of our superior safety program, low incident rates and subcontractor safety management procedures. 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. WE AM"t BUM WWK BETTFR FOR UFF"