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HomeMy WebLinkAboutAgreement_General_11/10/2016 (9) F Adw-- rAWNE Trane Scheduled S A _ a` SERVICE PROPOSAL FOR: Tequesta Water Treatment 901 Old Dixie I hivy. y Tequesta. FL 33469 / s U S.A. SITE ADDRESS. i Tequesta Water Treatment Plant 911 Old 'Dixie Hwy Tequesta, FL 33469 Unitad States ' to LOCAL TRANE OF '• FOt �� Trane U -S. Inc. 6985 Vista Parkwa y North 01 West Palm Beach. FL 33401 LOCAL TRANS REPRESENTA . Amar Sukhal Cell: (786) 423A196 Office: (561) 683 -1521 � _ PROPOSAL ID a AGREEMENT NUMBER• 2156279 r : US COMMUNITIES CONTRACT- USC15- JLP -02 US COMMUN(nES PROPOSAL: 40-439658-16-0(9 UA T E: 16 IME NAIf� l fAtlMSd tltfalI F BETTER fOIP Iff - MAINE Building Services TRANE SCHEDULED SERVICE AGREEMENT Executive Summery 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 folio-Mrig 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 custorer you can count on. 0 Priority Response - as a Trane Service Agreement customer you will have serAce priority. above time and materials customers. 0 Advanced Diagnostics - Trane proprietary applications and ' technologies equip technicians to analyze system performance and make actionable service recommendations. ♦ 0 Trane OEM Service Delivery - ensures the right services are completely and consistently performed to keep your equipment running efficiently and reliably. t' 0 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. Al 9, 7X WE Building Services TRANE SCHEDULED SERVICE AGREEMENT Added Value Proper maintenance can save an estimated 12 -18 %* of your budget compared to a run -to -fail approach. A Service Agreement is structured to help you capture those savings. Research has shown that regular maintenance can k Cut unexpected breakdowns D # Reduce dzwrMime by . Lower equipment repairs and maintenance costs by, Reduce energy consumption by..............,.... , In addition to financial value.. when you partner with Trane you can expect: IS 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 hesa-rse s 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. a 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 1 N'f tdAJiE &KDWGS JKW SETTER FOR lrFE.- MAINE Brrif&ng Services Superior Service Delivery (continued) Service Work Flow - Trane's industry exclusive service flow process indudes 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 most 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 y`at 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. d Health and Safety Safety Management Program - Trane Building Services employs several full time Occupational Safely 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 Building Services field personnel. field supervisor jobsrte 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. 0 7XWE' 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 GFR Part 82 Trane 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, Trans prints a report from RMS of all Refrigerant activity that has occurred at each site. The report details all refrigerant activity performed by Trans Building Services Technicians for each piece of equipment, and can be used to satisfy reporting requirements. Oil Disposal - Trans Building Services removes used oil from your refrigeration units and disposes of it in accordance with applicable environmental regulations. Trans 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, Trans will remove used oil from refrigeration units for the customer to arrange disposal), ' Tirane Intelligent Services With an active Trans service agreement and TracerTm Building Automation System or other qualified controls, you are eligible for Trans Intelligent Services (TIS). A revolutionary integration of technology and Trans 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 Trans Intelligent Services offers: Tequesta Water Treatment Plant Scheduled Mechanical Service Agreement 3Yr. Proposal 10: 2156279 Tim The Agreement TRANE SCHEDULED MECHANICAL SERVICE AGREEMENT SERVICE PROPOSAL FOR: Tequesta Water Treatment Plant X 901 Old Dixie Hwy. Tequesta, FL 33469 U.S-A. SITE ADDRESS: Tequesta Water Treatment Plant 901 41d Dixie Hwy Tequesta, FL 33469 ' United States LOCAL TRANE OFFICE: 4 ' Trane U.S. Inc. 6965 Vista Parkway North #11 West Palm Beach, FL 33401 LOCAL TRANE REPRESENTATIVE: Amar Sukhai Cell: (786) 423 -4196 Office: (561) 683 -1521 PROPOSAL ID 1 AGREEMENT NUMBER: 2156279 US COMMUNITIES CONTRACT: USC 15-JLP -02 US COMMUNITIES PROPOSAL' 40- 439658 - 16-004 DATE August 23, 2016 .j 1��IIMIE' iflllt�f FAtIA�� ,ire All rights reserved Page 1 at 12 Scheduled Sen6ce Agreement Tequesta Water Treatmont Plant Scheduled MKhanical Servico Agreement 3Yr Proposal ID: 2156279 77MME Si idchng Services TRANE SCHEDULED SERVICE AGREEMENT Scope of Services — Standard Inclusions Provided in your Scheduled Service Agreement: Q Trane Scheduled Maintenance Scheduled number of specific service events and associated labor �. performed dLiring Trane nonnal 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. t` 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 ident&► d on the first page of the Agreement by drilling 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 labor, labour 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. Q2016 Trane All rights rese(ved Page 2 of 12 Scheduled Service Agreement Tequesta Water Treatment Plant Scheduled Methanicat Service Agreement 3Y<r Proposal IC7: 2156279 0 E su&finrg services The following is an overview of the scope of Trane's cervices to be performed on Covered Equipment. Items marked are included in this agreement. Annual Maintenance Inspection (1) on all equipment listed Operating Inspections Qty(1) .. a a a Scheduled Maintenance Labor Scheduled Maintenance Parts and Materials Emergency Repair Parts and Materials (labor provided at prevailing hourly rate) - 111newed 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 fcr 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 year,40.000 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 Repair's resulting from acts of god (hurricanes, lightning etc) Q2016 Tr►tre AY rights reserved Page 3 of 12 Scheduled Servrcc Agreetricof Tequesta Water Treatment Plant Scheduled Mechanical Service Agreement 3Yr Proposal ID: 2156279 rJNN r Barrdcf >r 50! vices TRANE SCHEDULED SERVICE AGREEMENT Equipment Coverage and Services 'i t The fogowing "Covered Equipment" will be serviced at: Tequesta Water Treatment Plant Mechanical System: Equipment tatty Manufacturer Model Number Serial Number Condenser Unit -1 1 C arrier 24AGR 7 ;a ,k 1.3 114F10240, Air Handler Unit -1 1 Carrier FX4DNF049 i3912A85078 Condenser Unit -2 1 Carrier 24ABC642A300 1381EO5358 Air Handler Unit -2 1 Carrier FV4CNB006 12414A89721 Description Quantity► Per Term Annual Factory Recommended Maintenance 1 Quarteriv Operational Inspection 1 @2016 Trane AY rights reserved Page 4 of 12 Scheduler/ Seroce Agreement Tequesta Water Treatment Plant Scheduled Mechanical Service Agreement 3Yr Proposal 10: 215$279 71E Building Services TRANS SCHEDULED SERVICE AGREEMENT Customer Service Flows �. - 49 44 &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 Diagnostics • Verify Line Voltage • Lock Out Tag Out where applicable • Arid Test • Electrical Inspection • Condenser Fan Check • Visual Condenser Coil Check • Low Temperature Sensor Calibration • Leak Test Inspection • hleg Compressor Motors) • Condenser Coil Cleaning • Remove Lock Out Tag Out and Restore Power • Start Unit • Complete Required Paper Work 02016 Trane All rights reserved Page 5 of 12 Scheduled Service Agreement Tequesta Water Treatment Plant Scheduled Mechanical Service Agreement 3Yr Proposal ID: 2156279 Building .Services 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 Handler Filter Inspection • Return Unit to Normal Operation • Manual Log With Electronic Device Air Handler Quarterly Maintenance Description • Check the general condition of the uNt. • 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. • Verity 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. @2016 Trane All rights re elves R 6 of 12 Scheduled Senesce Agreement Tequesta Water Treatment Plant Scheduled Mechanical Service Agreement 3Yr. Proposal IQ: 2156279 rJEWE 6why;ny. Services TRANE SCHEDULED SERVICE AGREEMENT Pricing and Acceptance Douglas Chambers Site Address: Superintendent Tequesta Water Treatment Plant Tequesta Water Treatment Plant 901 Oki Dixie Hwy 901 Old Dixie Hwy 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 -0.23 PRICNiG STRUCTURE AND APPROVED RATES_ !Mechanical Straight Time $1321H �vertime $1981Hr Holiday 3264I* Contract Year Annual Amount tai- Annual Contract Type Year -1 $2,226.00 $1,113.04 . Mechanical Inspection Onl Year -2 $2,226.04 $1, 113.00 Mechanical Inspection Onl Year -3 $2,226.00 $1,113.00 Mechanical Inspection Only A one -time 3.00 % discount is offered for full payment of t years) 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, 2419, 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. Q201 Trane All rights reserved Page 7 of 12 Scheduled Service Agreement Toquesta YVater Treatment Plant Scheduled Mechanical Service Agreement 3Yr. Proposal 10: 2156279 MW 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. ff 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 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 Service Fees 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) tWrty (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, if any. A ten percent (10°x) 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 Tern 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: Amar Sukhai Cell: (786) 4234196 Office: (561) 683 -8227 Proposal Date: August 23, 2016 UST ACCEP NCB TRANE ACCEPTANCE I'm 4, 0, Ruth ►zed resent at' e l , Authorized Representative t - I��e nn�i Printed N , me Title: Services Account Manager t Title OLS�-t O ►^ y Sianature Date: August 23. 16 Purchase Order Acceptance Date l D License Number. CACO23485 @2016 Trane Aft rights reserved Page 8 of 12 Scheduled Serw>, Agreement Tequesta Water Treatment Plant Scheduled Mechanical Service Agreement 3Yr Proposal ID: 2156279 rRWE Brrrlrlrna� Serivices Terms and Conditions (service) `Company" shall mean Trane U.S. Inc. for Company performance in the United States and Trans Canada UlC for Company performance in Canaria, 1. Agreement Tnest• lemis and condiWLs C`rerrns') are an integral part of Company's offer and loran the basis of" agreement (the •Agretmenl') resultinq Iron Comparhy's proposal (the 'PropoYaY)for the following rofrahernaf services as stated in the Proposal (colleclrv the'Servpcee') napection maintmamce and repair (the - Meinfenance Services') an equipment (the 'Covered Equipmenl'), sped Additional Work (d any), and, if indtxied in the Proposal. Intelligent Services, Energy Assessmerht Energy Performance Solutions, and any other services using remote wnneckvity (collectively and individually m4med to in these Terms as'Enargy and 8uirting Performan a Services"). COMPANY'$ TERMS ARE SILSACT TO PERMIC CHANGE OR AMENOM£> - Z Acceptance. The Proposal is s+ bjact to ar_ceptence in wnti g by the party to whrorn thus offer is made or an authorized agent t °Custica bW t dei►vered to Company within 30 days from the date of the Proposal. If Cusmrnet accepts the Proposal by plaong an order, without the addition of any other terms and conditions of sate or arty outer madifir-ition Customs order shat be deemed aaepLance of the Proposal sutlec1 to these Terms and Conditions. If Customer's order is expressly wmlitioned upon Company's or assets In terms aivVor conditions other than those expressed lw vn, tetum of smh order by Company with Company's Terms and Conditiona attached or referenced servee as Company's notice of objection to CustomeWs, termsa and as Compratryrs counwf-cffer to perform in aecordariDe with the Proposal and Company Terms and ConMions. If Customer does not reject or otgect in writing to Company within i0 days, Company's counilv4y1fer will be deemed accepted. Customer's accepfance of performance by Company will in any weed constitute an acceptermce by Customer of Goren frry s Terms and Conditions This Agreement Is sugect to credit approrai by Company Upon drsapprovai of credit, Company may delay or suspend performance or, at its option, renegotiate prices andtr Terms and Cotdikns *11h Customer If Company and Customer are unable to agree an such revisions, this Arlrearnent shall be cancelled without any liability, otlrar Clan Customers obligation to pay for Services provided by Company to She date of cancellation. 3_ Fees and Tares_ Fees for the Servic—es tame 'Service Fees ") are as set forth In the Proposal. Except as otherwise stated in the Proposal, Service Fees ace based on perfarawice during regular business loam. Charges for pedonnance outside Company's normal busi ,ess tours shah be billed separately acoording to than prevail" arertmre or smergw" labartabour rates in addition to the stated Service Fees, Customer shall pay all taxes not leggy required to be paid by Cortpiany or alternatively, shall provide Company with an acceptable tax exemption oerWate. 4 Payment. Payment Is due upon receipt of Companys Invoice Servce Fees shaft be paid no less frequently then quarterly "in adaance al performance of the Services Company reserves the rigiit to add to any account outstanding for more than 30 days a service charge erg to the lesser of the rnawman Abowakte lead interest rate or 1.5% of the principal amours due at the and of each monde Without kabrRy to Custorno, Cornpary may discontinue performance whenever payment is cverdus Cusfarner shall pay aft costs (atcluding aarnneys fees) incurred by Cornlwvy in atwmpting to rc#exi aRrxmts dw, or otherwise enforcing this Agreerttent. S. Customer Breach. Each of the fallowing constiWtQS a breach by Customer and shall give Company the right, without an election of rerneates, to suspend petrfumarx$ or termnale this Agreerrtere by delivery of written nobow declaring termination. Upon lerminallon, Customer shall be Ilabrle to the Company for as Services kxrished to dart* and all damages ". la ined by Company (inducting I" proln and om erhesd): (a) Any taihsre by Customer to pay amounts when due, (b) any general assignment by Customer for the benefit of its creditors. Customer's barkruplcy. wrsotvency. or receivership; (c.) Any repm- erralson or warranty furnished by CusOorner in connection with this Agreement is false or mnislea ding in any material respect when made: or (d) Any failure by C:.askomer to perform or comply with any material provision of this Agreement. S. Performance. Cornpany shall W the Servso." in acccrdarr,e with industry Standards generally applicable in the Rate or proirtmre whiie the Services are performed under similar ceomstances Atien Company performs tine Services. Company may refuse to pedcm•+ ,rotate working eon rim Bald endanger property or put people at risk. unless othernhse agmed by Customer and Company, at Customer's expense and before the Services begin. Customer will provide any necessary access plaltorms, catwalks to safely pertorrm Ow Services in corrpiinos Mtlh OSHA, sla'e or provincial industrial safety regulations or any other applicait* ehdostriat safety standards or guidelines. This Agreement presupposes T* all majo Metes of Covered Equipment am in proper operatng condition as of the date hereof. Services kirrrshed are premised on the Covered Equigrnart being in a maintainable condition. in no event shell Company have any obligation to replace, Covered Equipment that is no kengw maintainable. During the fxst 30 days of this Ageermenl, or upon initial inspection, antlor upon suasonaJ tart-up It incurred in the Survkeal, d an i nspotboo by Company of Coven:d Edupmarri indicates repairs or replacement is required, Company will provide a written ciLoation for such repairs or reptacennerit 0 Customer does not authorize such repays or replacement Comrprrrmy may remove the trmarxeptac+e equipment from she Covered Equipment and 8dJost the Service Feet accud+ngty Customer autrorizEi Company tq otdzve L icrmer's teieplha tots or network in6astructure to conned lo wntrohs, systems anior egtrgment provided or serviced by Comg:arij all to provide Ser*es contracted kx or otherMse requested by Customer, including remote diagnostic and repair service. Customer acknowledrjes that Company is not responsible for airy adverse: impact to Customers wrnmunicatiors end network intrasmrcIIre. Company may elect fro rnstalllatVx1i to Cwtoernea equipment or provide potable devices (hardware and'or software) for execution of control or diagnostic procedures_ Such devices shat remain the personal propretary property of Company and in no event shall became a fodure of Customer locations. Customer shad not acquire any interest. Utle or equity in any hardware, software, peocesses, and other intellectual or prcphewir rights to devices u1+Ed in Connection u..ih the Services w Customer equipment Company may remove surctm devices at its discretion Parte used for an rEWirs made will be those selected by Company as wuable for the repair and may be parts not manufactured by Company T. Customer ObFgations. Customer shat (a) Provide Company reasonable and safe access to the Coved Equiiprnerd and areas wixare Company is to work: (b) Follow matnufacAtsrer n mkrret>rs orta aaricerning teardoswm and internal inspection, major overhaul, restoration or refurbishing of the Coveted Equipment: tfue s expresvy stated to the Scope of Services sfaterner+t, Company Is not performing any manufacturer recommended learoovnn and internal inspection, maps overhaul, restoration or refurbishing of the Cowered Equipment and (c) Where applicable, unless water treatment is expr+easly included in the Services. prvviee professional coatng triter water treatment n accordance with any reasonable recommendatiom provided by ComPany & Exehrsions. Unless expressly Irct~ n the Covered Equipment or the Services. the Services do not incfuude, and Company shat riot be respons0e for or liable to the Customer for any claims, krss.s. damages or expenses srJfered by the Cuslemer in any my connected *111h, relating b OF adsli ng from, any of the follovring: (a) Any gsra(ent*e of roont con>`tons dal' system performance. (b) inspection. mantenaricti. repair, replacement of or swiric*s for Chilled water and condenser water pe>Rns and plPng; etectrcal disconnect svgntenes our crrxirl breakers; motor starling equlpmerx trial is mot factory mrouMad and irnerconnecting panver wiring; recudng or portable krslinientints, galiges or thermometers. non-moving parts or non- mairdainade parts of the system, Vi0j eg, but not tom tad to, storage larks pressure vessels, shheta doss, abet, Imsivig9. casafngs:, caslnys, drain Pans, paneK, duct work: piping: hydraulic, hydrorm. pneurnatir., gas. or refrigerant: insulation: pipe covering: refractory material: fwscss. true cabinets: electrical wiring; dudwork or conduit electrical dfstri1xilm system; hydronic structural supports arvj similar items. tine appmance of decorabve casing or cabinets: damage sustained by other equipment or systems: andlior any failure, misadjustment or de!sdgn deficiencies in other equipment or systems, it) Damage, repairs or replacement of parts made necessary as a result of electrkal power failure, tow voltage Corned out mein or branch fuses, low >tii3ter pressure, vandalism, nisgrsat or abuse, wear and leer, and of life failure. water damage, improper operation. unauthorized alteration of equipment, accident, acts a omissions of Customer or others, damage due to freezing weather, calamity, malicious act, or any Event of Force V, id) Any damage or malfunction resulting room •vibration, electrolytic amo n, freezing, cornarrimarion, corrosion, erosion, of raused by state or sludge on internal lobes except whore wafer treatment prokksmgn s{er wr:s are provided by Comparry as p xt of this Agreemsrnt (e) Furnishing any items of equipment material or Iabo rli abo uir cr pErfr.,rming special tests recornmended or required by insu rance companies or federal, state. or local govemmonis: (0 Failure or inadequacy of any structure or foundation supporting or surrounding the equipment to be worked on or any portion thereof; (9) Building access or alterations that might tit rtc, eesaty to repot cw replace Customers edsting equipmeril; (A) The normal function of ffarting and sl%-p equipment or the opening and dosing of earvea dampers or regulators nornially installed to prolea••t equipment against damage: (p) Valves that are ncd factory 02016 Trade All rights reserved Page 9 of 12 Scheduled Servtae Agreement Tequesta Walter Treatment Plant Scheduled Mechanical Service Agreement 3Yr Proposal 10: 2156279 7 E ewldirrg Services mounted. baiame stop, contal, and w1w valves external to this devnCe unless specifically eluded in the Apresment: (j) Any responsibility for design o radeWn of the syclem or the Cmered Egtrpmenl, obsciescerwa, safety tests, or removal a reinstallation of valve bodies and dampers (k) Any wvK M.. claims, or damages arisng out of Cuslomnera Wure to comply with its obligations under this Agreement; (1) Failure of Customer to follow manuFactvrar recommerufaboris concoming teardown and nlertral inspection. overhaul and refurbishing of equipment (m) Any clams, damages. losses, or expenses, arising tram or related No cerclaions that existed in, on. or upon the prervgeS beftre the effective date W This Agreement t"Pre- Existing Conditions'►, inQAvding. without Irnnation. damages, losses, or expenses involving pre - existing txxldng erwetope issues . mechanical issues, pttmbng issues, andlor indoor air Quality issues involving mold4irmukl andi'o fungi; (n) Repacement of reefrigeram is excluded. unims replacement of refrigerant is expressly stated as includes Within tie Services, in which case replacement shall in no event exceed the staled percentage of rated system ctearge per year expreesdy stated in the Services; (o) crane or ringing oosM (p) Any Services, clairins at dwwkw,Nrs orming win of rit4rornnt not supCied b'y Trance. Customer stroll be respor-Aite four, Ci) Tor ixnt of any .:t anal repiaC&nertt reh4perant, (i) Opetatrxn of any egwpmeres, and (litl Any Claims, damages, losses, or ems, ansing from or re Me—d w work donee by ix services provided by individuals of ernw s alai are not erWloyed by or hired by Cgmpriny. 9, Limited Warranty. Corriparny warrants tt+at (a) the material urea Aaw.tufed by COmparry and prtyvided to CuT.10mer in perfornanae d the Ssly is rrFe Iron defects in material and manut K" for a period of 12 mrg,ths from the earlier of tote dale of equipment star .V or replacement and (p► the Iabur- portion of the Maintenance Services and Addktrotial Work has been property performed far a period of 90 days from dale of completion (the'I.Awied Warranty') Company obligations of equipment start - up. d any are shed in the Proposal, we c,oterrnraocs uwtn the Limited Warranty period. DOKts miust be reported to Company with fhe Li nihd Warranty period Company's ubligatr;n under the Limited Warranty is smiled W repairing or r"placing the 9efeclive part art its CAption anti to eorrechnig arty Iabor.iiabour Improperly perforrreed by Coenpany No iabllAy whAboe2vef v all attach to Company unhi the letalritexnarnare SPrvres and Addibonal Work hart been pad for in U, Exclusions from lies Warranty include Bairns, tosses damages and expaenses in any way connected with, related to or arising from Wiure or malfunction of equipment due to the folonuug waat and tear. end of He failure; carssiion Win; deterioration; Customers failure to follow the Campanr,provided maintenwics plant, unauthorized or ar proper maintenance; uneaulhc ized w imptoper p-vs rue material, refrVerant noit supplied by Trane; and modifications made by others to equipment Company Sher not t o c>aafigated to pay for the cost of lo3t refrigerant or fail product. Saume Components of equipment manufactured by Company may be warranted directht trom the component ?uppLer. in which case Its Limited Warranty shah not apply to hose wrriponernts, and any warranty of such owrpwient , shall be tf a war arty given by stiich crxmponenl supplier- Notrsdhstarrding the foregoing all warranties provided herein tem�wnate upon termirathrr or cancellation of uses Aareemerit. Equipment, rra air al andior parts 1fm31 are not manufactured by Campo ^y ate nut warranted by Ca-pari a -,d have such ,wwarihes as may ce sire ^ded by lire respectve manufacturer. THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE Ti4E SOLE AND EXCLUSrVE REMEDIES FOR WARRANTY CLAIMS PROVIDED BY COMPANY TO CUSTOMER UNDER THIS AGREEMENT AND AIRE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES. LIABILITIES. CONOMONS AND REMEDIES. WHETHER IN CONTRACT. WARRANTY, STATUTE OR TORT (INCLUDING NEGUGENCEI. EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ANp,OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE. COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES. ENDORSEMENTS OR CONDITIONS OF ANY KIND. EXPRESS OR IMPLIED. INCLUDING ANY IMPLIED WARRANTIES OF OUALITY, FITNESS, MERCHANTABILITY, DIIRABILJTY ANO.!OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE OR REGARDING PREVENTION BY THE SCOPE OF SERVICES. OR ANY COMPONENT THEREOF, OF MOLD +MOULD, FUNGUS. BACTERIA, MICROBIAL GROWTH, OR ANY OTHER CONTAMINATES. COMPANY EXPRESSLY DISCLAIMS ANY LIABIUTY IF THE SCOPE OF SERVICES OR ANY COMPONENT THEREOF 15 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 Kam. 10. Indemnky. To the maximum extent pemnitled by law. Company and Customer shall indemnify and hold harnoss each other from any and all dai ms. actions, costs. expenses, darnages and liabilities, rndudireg rea•scrfable attorneys' fees, recullaeg from death o bnckly inkpy or damage ro real or personal I:waperty, to ten extent caused by flee negigeme or misoonduiA of the kidemnityfng party, andror its rasp .e orOciyees Or other auMcrized agents in connection with thew aCUvlfies within the scope of this Agreement. Nether party "I indemnify the other agarist claims, damages, expenses, or kaWbes to the extort attributable W the acts or omissmns of the other party or Third parties. If the patties are bcah at fault, the obligat+an to ndemni►y dial be proportional to their relative foul The duty to indenriniy and hold harmless ww11 catkiruee in full torte and elTe_ notw.dialandtnq 11e expiration rx early temminatioa of this Agreement, with -tx> i la any claims based on tarts or cc itdaons that wAirred Ixgr to expiation a Iennmadon of its Agreremant ti. Umitation of Liability. NOTWITIISTANDIIG ANYTHING TO THE CONTRARY, NEITHER PARTY SHALL BE LIABLE FOR SPECIAL. INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY FOND (INCLUDING i OTHOUT LIMITATION REFRIGERANT LOSS. PRODUCT LOSS, LOST REVENUE OR PROFITS, OR I.IA.MLiTY TO THIRD PARTIES), OR PUNITIVE DAMAGES WHETHER BASED IN CONTRACT, WARRANTY, STATUTE. TORT (INCLUDING NEGLIGENCE). STRICT LIABIUTY. INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT. THE TOTAL AND AGGREGATE LIABILITY OF THE COMPANY TO THE CUSTOMER WITH RESPECT TO ANY AND ALL CLAIMS CONNECTED WITH, RELATED TO OR ARISING FROM THE PERFORMANCE OR MON•PERFORMANCE OF THIS AGREEMENT. WHETHER BASED IN CONTRACT. WARRANTY. STATUTE. TORT pNCLUDING NEGLIGENCE)_ STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS, SHALL NOT EXCEED THE COMPENSATI IN RECEWED 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 SHALL COMPANY BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT OR INDIRECT) RESULTING FROM VIOLDYMOUL.D, 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 OF THE FOLLOWING IN CONNECTION WITH PROVIDING THE ENERGY AND BUILDING PERFORMANCE SERVICES: INTERRUPTION, DELETION. DEFECT, DELAY IN OPERATION OR TRANSMiSSKGN: CUSTOMERS NETWORK SECURITY; COMPUTER VIRUS: COMMUNICATION FAILURE; THEFT OR DESTRUCTION OF DATA: GAP$ IN DATA COLLf:CrED: AND UNAUTHORIZED ACCESS TO CUSTOMER'S DATA OR COMMUNICATIONS NETWORiL 12. Asbestos and Hazardous Materials_ na Services e�Cressly exclude any identrecabon. abatement, cleamvp, controi, disposal, reraoval or other work conrxaded *Uh a:.oe&" pohychlonnalted tVr*nyi ( "PCG ), or odter hazardous rnaieriats ipollac"y. 'Hazardous Materials'). Customer warrents and represents ttial Chase are no Hazardous Materials on the premises Iha wig in any way affect Company's performance. except as set forth in a raging signed by Company disci mg tie aWstenoe and location of any Hazardous rlaterlals in all areas vrttrn wtrCh Company ui be performing. Shot" Company become aware of or suspect the presence of Hazardous Materials. Company may immediately stop ,ark in the affected area and notify Customer Customer ail be responsible for cotnectrV the condition in ecoordance with at applicable laws and regulations Customer shall be exctus+vely responsible for and shall indemnify and hold hanrie -ss Crripany (inUud" ins st"ODyees, agents and subcontractors) from and - ,Ngainst any toss. crave liability, tires. perna►ties, 7rgury findudhlQ deadn) or iabitily ol arty nature, and Rw palthenl tfrereof. artsing out d or relating to an Hazardous Materials on or about the premises, not brought onto the poem ses by CoeWay Company" be reiWired to resume petformanoe only in the absence of Hazardous klatie"s or when the affected area has been rendered harmwss In no event shaft Company be otdtgaled to Irarispori or handle Hazardous Malenals, Fr i4e any notices to any govo nmental agency, or examine the premiises stile for flee preserte of Hazardous Materials 13. Insurance. Company agrees to maiilarv► the followiN insurance during the term of this Agreement with ?i , ks not less than shown below and will, upon request from C slaner. provide a Cor9Acale of evtidencing the f iflowi ng coverage: Commercial General Liability $2,0KODO per occurrence Automobile Lsabiity $29W ODD D CSL Workers Catnpansstion Sta ltAary Lxruts N Customer has requested to be manned as an additional insured wider Company's rrsurame policy. Company will do so but only svged to Company's manuscript additirvnd insured andorsemPrd under its primary Commercial General Liability polices. in no event does Company Or its im urar waive rights of subrogation. 14. Force Majeere. Compamis duty to perfoirt under this Agreement is contingent upon the non - occurrence of an Event of Fore MaKr re_ If Company is unable to carry a.A any material obligakr urviw alms Agreement due to an Event of Farce lire. this Agreement shall at Company's 4xbon fit remain in 02016 Trane Ado rights reserved Page 10 of 12 Scheduled Serwee Agreement Te fiesta Water Treatment Plant Scheduled Mechanical Service A reernent 3Yr Proposal Ip: 2156279 a e Building Services ~I but Companys obligations shall be suspended until the uncontrollable event terminates ca o) be tem)rhalad upon 10 days notice to Customer, in which f -werit Customer shat pay Company for ad Parts of the Servieas tunrshed to the date of trm ination. An 'Event of Force hlapure' shad avisan any rouse or evert beyond the control of Company. YW imA limiting the foregeaig. 'Event of Face k1-3V ,re' rticides. acts of Gad. ads of terrorism, war or the pubic enemy. flood; earthquake; hightning; tor nado; storm; fire : civil disobedience pandemic; n ic; insurrectis, hots; Labor dim pubs. pbs. labodlabour or materi short al ages from the us up usual sources of supply: sabotage, restraint by court order or pubti: authority (whsdner void or invaudl. and acion or non - action by or mnawy to ob ain or keep In force the necessary governmental artvoruatlarrs, permits kemes, certiftcotes at approvals if not caused by Company; and ow (equkeme"s of any applicaole government in any manner that dverts ether the malenal or the finished product to the direct or indrect benefit of the government- IS. Maintenance Services Other Than SolWy Scheduled Service If Company's Maintenance Services hereunder are not Itirrted solely to Scheduled Service the fJr.h- ., -,;r provisions shall also apply (a) Requaet r—.r. Aixi shall be performed by Customer at it% cxxst prior to CorTtparry be" obligated to Perform hereunder (loll any changes, ad(nrsmens, senate or repays made to the Eauipmeht by any party other than Company, unless approved by Company In writing, may, at Canpany s option termrv) -le Company's oblip~ to render further service so tie Eg4ment so afkcsedr in such case no refund of any portion of the Service Fees shall be made. and (c i Customer shall (i) promptly nobly Corripany of airy unusual performance of Equipment; fill permfl only Company personnel b repair or adios! Equipment andUr mnlroF3 during the Term or a Renewal Term and ( iii) utilize qualified personnel to prolreuty operate inn Equipment in accordance with the applicable operating manuals and recommended procedures 18. Remote Connectivity. Customer grams b Company the right to remotely connect tyre pt one modem. intern or 04,er agreed upon Means) b Customers budding automat in system (BAS) and ot HVAC equipment to .raw, extract, or othervrirse cadea and retain data horn the BAS. HVAC equilxtment or other budding systems, and to diagnose and remotery make repaurs at Cusomer s request The Intelligent Services, ncfudi g any reports and other s>fonnali n Company provides, are intended to provide operational assessments and recommendations Electronic MoniborkV Any electronic monitoring Company performs is undertaken solely to enable Company to collect the data and perform any analyses included in Company's Services Customer agrees that Company is not kable fa nabsty to perform andoor losses that many occur in cases of maltuncbon a nonfunctioning of communications equpmera, HVAC and other equipment, the energy management system. failure to Identity opuprrient or system pedormance issues. Wwe to r000mmend corrective action. or otherwise related to the nroneforing of Customer's equipment and bu 4dmg sysisms. Data Collected. Custcrner hereby grants to Company the imrocicable. perpetual, nonexdmrve- vxrtdwide, royally -free right and license to use, reproduce. display, distribute internally or externally and prepare derivative works based upon any such data Company cactuses from Customer Company shall not use or publWi such data in any way that kfenbies Currnomer as the source ol that data wiUx)ut Customer's prior wentten consent. The Jana Company will collect from Customer will not vWUde any personal or ndvidueal rdormation. Upon Cusionher's written request. Company wall endeavor to provide an electronic: copy of data collected frrrrn Custorrrer, subject to evaillabidy Fat Energy and &.,idirg Performance Se-Aces (except Energy Assessments and digital assessments). Company cwt use cornnertaaay reasonable or-oft to store Cust~s. data for up to to months. Company Cannpt guarantee the Krxntabday of the data Date Prlvaey and Seturfty. Company has implemented variou7S security measures for the purpose of prrkecling Customers dada against acadental or unl3v,lhf access, unauthorized discloswe, loss. desfracban, and alteration. Cuumw is responsible Ear maintaining the confidentiality of Cusioroees user names) and passvrord(s). Customer rs responsible for all uses of Customers passward(s), whether Or not authorized by Cusbrrwrr. Customer must inbarm Company imraeclhabeiv of any unauthorized use of Customers use names) or passworeYs) TrarramissOn of data over tie tiNernet by its nature entalls Use use of systems w,r sit the control of third parties, and as a result Cornpany cannot ensure total control of the security of such systems. Company HN take commercially masonAie efforts to ensure that data and other conf gi ral as parameters are rat visible at accessed by other customers Customer acbgwfe ges that the vary nature of communication via the Internet restricts Curgany from offering any guarantee of the pnvacy or conll�tiaiifty of information retailing to Customer passng over the Internet in gaining aaesa via the Irlarnet, Customer also acknowledges aM accepts that elerirorrc Commurmlcabon may not be free from lrN2rWence by rnaulhwizad penions and may not remain rnnfidentlal. Customer therefore amfos that access and storage of data is at Glusbarners own risk. Company will notify Customer of any breach in security of which Company become aware. Any breach in privacy of which Ctrslorner become aware should be reported by Customer to Company immedialety. Company does rot disclose Customer's information to hard parties for their marketirig purposes. hurt Company does tree third party software and services to assist Company with cosec Ling and analyzing nformaom Company my also disclose CusWmer's information if required to do 90 by law. in vouch case. Company would Inform Cumomer of awn dodosure 17. General. Except as provided below. to the maximum extent prvvdad by law. this Agrwr al is made and stead be interpreted and eMort in aexxirdance with IPhs laws of the state or province in vM1Kit Company performs she Services. Any dkpute basing under or role" to this Agreement snail be decided by IM99don in a court of competent funsdict on tocaeed in the state or prnaince in which the Services are performed To Che extent the premises are owned andfor operated by any agency of the United States Federal Govemrrten, debermnalion of any substar*. issue of taw shat be according to the Unoled States Federal common taw of Government contracts as enumiated ariid applied by United Stales Federal F.rdi!;al bodies and boards of contract appeals of the United Slab-, Federal Governrimt.. This Agreement contains at of the agreements, representations and mantlefsiandrngs of the padres and supersedes all prev ou-s u coromitiaents or agreements, oral or written, related to the Services If any term or cond'abn of etas Agreement is invaid, legal or incapable of being enforced by any rule of low, at other Terms of this Agoreemera will nevertheless remain in NO foie and effect as long as be economic or legal substance of the transaction contemplated hereby is not affected in a manner adverse to any party hereto Curstorner may not assign, transfer, at convey this Agreement, or any pan rterf*f. withmt 6he *men wasent of Commpany. Subject to isle fr5�ng, Vas Agreerrtertt %hhall hind and rare to the benefit of the parties hereto and thew permitted successors and assigns. This Agmemen may be executed in several counterparts each of which whir exKWed shell be deemed to be an cxir8nal, but all together shad constit but one and the same Agreement A fully executed facsimile copy hereof or the several counterparts shall suffice as an ongirlal. Customer rosy rid assign. transfer, or convey this Agreement, or any part hereof, or as rtgtrt bile or interest herein, without the written consent ci Company. Subject to Cie foregorhg, ttrs Agreement shad be binding upon and Mtrxe to the benefd of the parties' respective sumessors and assigns No failure or decay by the Crxrva vyr in errhxcing any right or exercising any remadly under this Agreement shhal be deemed to be a waiver by the Company of arrr nght co mrnedy. 18. Equal Ernploymeni OpportundpAltirmative Action Clause- Company is a federal oontractoi that complies fully wllh ExecuUre Order 11246, as amended. and V* aMbc able ragulabon3 rouained in 41 C.F.R Pars 60 -1 through 60-60. 29 U S.C. Sect on 793 and the applicable regulations contained in 41 C.F_R. Part 60-741. and 3E U.S.C. Section 4212 and the applicable regulations contained in 41 C.F.R. Part 60-250 Enenutive Order 13495 and Section 29 CFR 471, appendix A to subpart A. regarding Uhe nofxis of employee rights In the United States and with Canadian Charter of Rights and Freedoms Schedule B to the Canada Act f 3fb2 hU K ) 1582, c. 1 1 and applicable Provincial lihrrian Rights Codes and o doyrnent law =n Carr. a 19. U.S. Government Services. The fatlovAng provision applies only to direct sales by Company to tie US Government. The Parbes w*noMedge that all items or senses ordered aril delivered under this Agreement are Commercial Items as cle4iined under Part 12 cl ul w Federal AoWisibrn Psgutation (FAR). In particular, Company agrees to be bound mty by those Federal ceyo acting clause* that apow to 'commerciar' shr4iwi and 1ha1 are contained in FAR 52.212 - 54e)(1)- Company compiles with 52 219.8 or 52 219.9 in is semKe erred nstallalion contra: eng business The following provision appose only to tndtirorA sales by Company to the US Government As a Commercial Item Submntiador. Company accepts only the following mandatory flow down provisions- 52.219-0; 52222,26: 52 222.35; 52. 222 -38: 52222 -39; 52.247.64 Of it* Services are h correction with a U.S. Govem"N contract Cuslorner certifies that l,1 hers provided and will provide argent aco awe, and complete wfrvmat on. representations and cemrl$"tions to all government oftiefs. including but not lion ted to the contracting officer and ofSctals of the Small Business Admeastration, on as matters related to the prime cahtiact, including but not irnoed to all aspects of as ownershipa, ebf)kNkty, and performance. Mything therein notwithstanding. Company ntd hone no obligations to Customer unless and until Customer provides Company wah a true, correct and complete executed copy of to prime contract Upon ruined, Customer •ma pro aria copes to Company of as requested written oomm ur"cawys with any govtrnrneM official related b IM prime c:omrad prior to or concurrent with the toccLejon C.ereof, indudrhg but not united to any communicaoxs related to Custemei`5 ownership, eligibility at performance of the prime contras. Customer .rtl obtain hwMten autrtgnzaion and approval from Company "to providing any goverment official any inion ration about Companys perforrrmance of the Ser kres that era the subject of the Proposal or this Agreement, other than the Proposal rm rtes Agreemert. 20. Limited Waives of Sovereign Immunity. C Customer d an kx%m tribe (In the U.S.) or a First Nation or 9arhd Counca (n Canada). Cvsllomer, wheaten acting in rte capeck - y as a governmen. gores mental entity, a duty ageaneW corporate a my or otherwise, for itself and for its agents, successors and assigns' 02016 Tian All rights reserved Page 1 i of 12 Scheduled Service Agreement Tequesta Water Treatment Plant Scheduled Mechanical Service Agreement 3Yr Proposal I0: 2156279 rA"E su &ng Services (1) hereby provides this limited walver or is sovereign immunity as to any damages. dams. tawsuil. or cause of action (herein •Acbw) brought against Customer by Company and art" or alleged to arise out of fie iumishirill by Company of any product or sw+Ace under fds Agreement *hest r such Action Is based in contract, ton, strict liability, cW hsbrty or any other iagei dteory. (2) agrees Mud kidisdictiorn and venue for any such Action shell be proper and valid (a) if Customer is in the U.S., in any state or United States court tooated in ft state an which Company is performing Ntis Agreement or fb) if Customer is in Canada, in the superior coup of the prarrrice or territory in w%ch the work was performed: (3) expressly consents to such Action. and wan`" any objection to iksKdi ilGn or venue: (4) waives any requirement of emotion of total coat or adminstratr.e remedies for any Action arising out of or related to this Agreement; and (S) expressly aanowte ages and afrees that Company is not subject to ;t*--- pin5diction of Customer a i ibai court or any wrear Inbd forum, that Customer will not bong any action agairret Company in tribal court and fiat Customer volt " ai ai itself of any piing or direciiart of the boat cavil parmtling or drecting it to suspend its payment or odw obtigalions udder kits Agrearnesit The inA'idual Signing nn t>. hall of Customer worrdr4s aO rrpiesents that such w4wKkwl is duly aeMoared to provide to warver and enter Into t +rs Agreement and that I." Agreemem wwrliutes the vakd and L-94y bsxkng abllgauov of Customer, ernfameable in accordance *M its terms 1 -26 1M -7 (0415) Super,-erk -i 1 -28 130.7 (1114) 02016 Trane Aft rights reserved Page 12 of 12 Scheduled Service Agreement 7XIOL Appendix CONTENTS: Safety -ftj 0 7`�Wid Safety ft" ng r � 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 Trans 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 work (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 managernenl 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, Lockout.'Tagout, 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 J CPR. • Electrical Sately - 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. ` I i AMR� TXWE Budding Servkvs Safety Tools, Training & Expertise (continued) • Smith System Safe Driving Program - Tranes 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 18001. • 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 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 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 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 menage project risk more effectively than you could using multiple contractors or even a single prime contractor with a less impressive safety record. 1rF MARE &IJIUMNGS WORK ormh FOR UF£"