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HomeMy WebLinkAboutDocumentation_Regular_Tab 18_01/12/2017 Village of T'ec�uesta 345 Tequesta Drive 561-768-0700 Tequesta, FL 33469 www.tequesta.org � �' ,�;: TF,QUEST� PUBLIC WORKS DEP�-�RT�ZEN"I' 1�1�MORANDLTM To: Michael R. Couzzo, Village Manager From: Douglas M. Chambers, Deputy Public Works Director Subject: Public Safety Facility: Appropriation of Funds for Air Conditioning Repairs and Upgrade Date: January 10, 2017 The attached agenda item addresses the need to appropriate funds to repair and repiace humidity controls to the Air Conditioning System in the Public Safety Facility. The existing Siemens controllers were installed 11 years ago and the technology is 20 years old. The controllers and humidity units are obsolete and not functioning. Without the proper function of the humidity controls there has been a drastic rise in humidity throughout the building which has created an environment for mold to flourish. I have had a Mold Remediation Contractor monitoring the air quality and they have had to clean areas in the building on 2 occasions where mold growth was present and reoccurring. The existing mechanical components in Village Hall and the Public Safety Facility are Trane Components. I had an engineer, mechanic and technician from Trane inspect the mechanical and automation system on the existing air conditioning system. Trane provided a comprehensive analysis and repair/replacement proposal to fix the issues with the air conditioning system. My recommendation is to standardize the controls in the Public Safety Facility by utilizing Trane Controls and Components. The Village has a multi-year repair and maintenance contract with Trane Controls. In the abundance of caution and health concerns for the Village Employees I recommend the appropriation of funds to repair the air conditioning system immediately. �'ice-\favor Vince _lrena �fa�-or .1bby Brennan Council .'llember Tom Paterno Council �Iember Ste��e Okun Council �fember Frank D'1�mbra Village AIanager �Lichael Courzo The Police and Fire Departments will share the cost to repair the Air Conditioning System in the Public Safety Facility. The total cost to replace and repair the equipment is $48,135.00 Police Department Building Repair and Maintenance 001-175 546.303 — 24, 067.50 Fire Department Building Repair and Maintenance 001-192 546.303 -$24,067.50 Douglas M. Chambers Deputy Director Public Works Village of Tequesta 2 _ RESOLUTION NO. 07-17 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, INCREASING THE, FISCAL YEAR 2016/2017 GENERAL FUND #001 BUDGET BY APPROPRIATING FUND BALANCE IN THE AMOUNT OF $48,135.00 TO FUND ADDITIONAL COSTS TO FUI2NISH AND INSTALL BUILDING AUTOMATION CONTROLS AND EQUIPMENT TO THE PUBLIC SAFETY FACILITY AIR CONDITIONING SYSTEM; AND AUTHORIZING THE VILLAGE MANAGER TO PROCEED ON BEHALF OF THE VILLAGE PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES; WHEREAS, the Village has entered into an agreement with the Trane Building Services � to upgrade and repair obsolete and defective air conditioning equipment in the Public Safety Facility; WHEREAS, the services relating to this project have exceeded original expectations; � NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1 Resolution No. 07-17 is hereby approved increasing the Fiscal Year 2016/2017 General Fund #001 Budget by appropriating Fund Balance in the amount of $48,135.00 to fund the cost to repair the air conditioning system in the Public Safety Facility and authorizing the Village Manager to proceed on behalf of the Village providing for severability; providing an effective date; and for other purposes. Section 2 This Resolution shall become effective immediately upon passage. Proposal for Tequesta Public Safety Facility— Buiiding Automation System ProposallD:2184851 WE MAKE BUILOINGS WORK BETTER fOH I/fE. ` ;� TR�iNE . e�,;�r;,,�� �,�;�� �:,��x , �.� � e 9' �":'. ti�� ._.,_ _,. . . ,>- . .�.:...:,... . ...., :.: ,.,. . ,��, .., �„r� , i ' . . -.. . .. . . . . . _ . . - .- , .. ,,, .; . _. .. . _ _.. . . ., . . _ s� �s,. Trane U.S.Inc. 2884 Corporate Way MIRAMAR, FL 33025 Lic # CCO23485 January 10 2017 Viilage of Tequesta Public Safety 357 Tequesta Drive Tequesta, FL 33469 ,Attention: Doug Chambers USC Quote #: 40-439658-17-001 Project Name: Tequesta Public Safety Facility — Building Automation System Install We are pleased to offer you this proposal to furnish and install a Trane Tracer SC web-based Building Automation System (BAS) at the above referenced facility to centrally monitor, schedule and control the existing Heating, Ventilation and Air Conditioning (HVAC) per the following scope of service. The intent of this scope is based on a recently conducted site survey and evaluation of documents and plans you provided. Scope of Service: Trane will furnish and install a Tracer SC Building Automation System (BAS) consisting of a Tracer SC System Control�er (SC) and Unit Controllers (UC's) to control the four existing Direct Expansion (DX) systems, Electric Duct Heaters (EDH) and Exhaust Fans previously controlled by a Siemens BAS. Existing fieid-mounted temperature sensors and relays (as needed) will be replaced with new ones. All other existing field-mounted devices will remain. Trane Air-FiT"' Wireless Communication InterFaces will be used to connect the UC controilers and the Tracer SC. The use of wireless technology reduces project cost by eliminating the expense of wiring the communication between controllers and minimizes occupant disruption. The Tracer SC BAS is a BACneUIP system and will be connected to the Public Safety's LAN with assistance from the IT staff. A network connection point (an Ethernet connection and a static IP address) at the Tracer SC will be required. Access to the Trane SC controlled devices will be available from nearly any location using PC's, tablets and smartphones with access to the LAN and proper security credentials. 7otal Project Inclusions TRANE TRACER BAS SYSTEM • TRACER SC WEB ENABLED SYSTEM CONTROLLER • DX SYSTEM w/ MULTIZONE AHU CONTROLS, TYPICAL FOR 2(AHU-1 and AHU-4) • DX SYSTEM w/ CONSTANT VOLUME AHU CONTROLS, TYPICAL FOR 2(AHU-2 and AHU-3) 02017 Trane All righfs reserved Page 1 of 6 Trane Service Quote Proposal for Tequesta Publie Safety Facility- Building Automation System ProposallD:2184851 LABOR.INCLUDINGs � •. Application Engineering � fnstallatiqn and low:.voltage wiring •: Custoiil; colo.r,- reports and ala�m ,5equence's •� .Startup &�checkout •: Owner traini .ng�- 4 hour� _. Qne year war�anty CLARIFICATIONS: : '�tandard produetion and:delivery cycles :: All work to b.e perFarmed during normal working hours • All ex�sfirig end de�ices: and equipir�ent that are part o..f the above �scope: of work. a�e assumed to be;cjperating properly • Tracer SC;shall re.side behind fi�ewsll .on tfie C:ustomer's, Network •: Qwner mus't� provide a 5tatic fP address and� Ethernef drop. at:fhe $C • Gustomer �o pro:vide'Test;& Balance of equiprrment u:po:n campfetion�of�controls � This proposal is valitl for 30 days from •the ,tlate; of this proposal PRIGE DOES NOT INCLUDE: •. �Smoke eqn#col sequence5, contrql, material or labor • Any Fire or Smoke. Eva.c,uation refated work • Permits�or permitting •. Any scope of work nof specifcally outlined above: Pricing and Acceptance :....,......., ....,...........:........,......,....,,.........,........:.....$38,360.00 Breakdown: Labor :... , .:.. �:....., :,...:. . .. ::.:$12,104.0 . � ............. ..,., Materials & Sub Contractors .......... ..... � . . . :. . . . . : . . . . . . . . . . . . . . .. ;. $26`, 256. 00 Contingency Scope: Trane will furnish.and install �fhe following. items as .a con#ingency:in the�event that .d, .evices are found =defeient qf failed in the course:of installing the co.ntrols: • (1) Outaide,Air D.amper,Qctuator. • (1.) Outside.AirDamper • (1.)`Zone Damper.Actuator • (1`) Duct.Hea"ter • (1) Condensate� Ouerflo.w Svuitch � (1.) :Supply Fan `Status • (1.) Filfer-Stafus � + (6).Room:Hamidity�Sensor • S.up fordamper and heater r.epfacement •�Tech assist:for eustomer Provided Test�& BaCance Pricing and Acceptance ......,.,..., .,,,. ..............,..... ....... ...;.....,...... ...........$9,775:00 Breakdown: . Labor. .. . ..... ....... ............... . .............. ... ...... . .. . .. . ....... ...........,.:$3,554.00 Materials. & Subcontractors ........ ..... ,...................................:$6,221.00 Trane uses the US Communities Co.ntract 15-JLP;023! pricing. structure and appro�ed rates 02U:17 Trane' All'rights reserved Page 2 qf.& Trane. Service� Quote Proposal for TeGuesta Public Safety Facility= Byilding Automation. System: ' ProposallD.:2184851 I appreciate fhe 'opportuni.ty to earh your business, and, look for.wa�d 't_o helpi .ng you with ali �qf your service. needs. Plea.s.e ,corJtact:.me if you have any questions or conce�ns. Sineerely, Amar Sukhai , - Aecou�t Manager Trane, This. agreemenf, is supject to Customer's acceptance of the attached Trane Terms: an.d °Conditions —� Quoted Service.. Acceptance I]ate Authorized Representatjve Purehase Order __ Printed Name _ Title License Number: CACO23485. 020.17 Trane A!I'righfs reseiveal Page 3 of 6 Trane: Service Quofe: Proposal for Tequesta Public Safety Faciliry— Building Automation System Proposal I D:2184851 TERMS AND COPIDITIOPIS — QU�TED SERVICE "Company" shali mean Trane U.S. Inc. for Company performance in the United States and Trane Canada ULC for Company performance in Canada. To obtain repair service within the scope of Services as defined, contact your locai Trane District office identified on the first page of the Agreement by calfing the telephone number stated on that page. That Trane District office is responsible for Trane's performance of this Agreement. Only Trane authorized personnel may perForm service under this Agreement. For Service covered under this Agreement, Trane will be responsible for the cost of transpofting a part requiring service. 1. Agreement These terms and conditions are an integral part of Company's offer and form the basis of any agreement (the "Agreement") resuiting from Company's proposai (the "Proposal") for the services (the "Services") on equipment listed in the Proposal (the "Covered Equipment"}, COMPANY'S TERMS AND CONDITiONS ARE SUBJECT TO PERiODIC CHANGE OR AMENDMENT. 2. Acceptance. The Proposal is subject to acceptance in writing by the party to whom this offer is made or an authorized agent ("Customer"). delivered to Company within 30 days from the date of the P�oposal. if Customer accepfs the Proposal by placing an order, without the addition of any other tertns and conditions of sale or any other modification, Customer's order shaii be deemed acceptance of the Proposai subject to Compan}�s terms and conditions. If Custome�'s order is expressiy conditioned upon the Company's acceptance or assent to terms and/or conditians other than those expressed harein, retum of such order by Company with Company's terms and conditions attachad or referenced senres as Company's notice of objection to CustomePs terrns and as Company's counter-offer to provide Services in accordance with the Proposal. If Customer does not reject or object in writing to Company within 10 days, the Company's counter-offer vuill be deemed accepted. Customer's acceptance of the Services by Company will in any event constitute an acceptance by Customer of Company's tertns and conditions. In the case of a dispute, the applicable terms and conditions will be those in effect at the time of delivery or acceptance of the Services. This Agreement is subject to credit approval by Company. Upon disapproval of credit, Company may delay or suspend performance or, at its option, renegotiate prices and/or terms and conditions with Customer. If Company and Customer are unable to agree on sucfi revisions, this Agreement shall be cancelled without any liability, other than Customers obligation to pay for Services rendered by Company to the date of cancellation. 3. Cancellation by Customer Prior to Services; Refund. If Customer cancels this Agreement within (a) thirty (30) days of the date this Agresment 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 no Services have been provided by Company under this Agreement, the Agreement will be void and Company rvill refund to Customer, or credit Customer's accounf, the full Service Fee of this Agreement that Customer paid to Company, if any. A fen percertt (10°/a) penalty per month will be added to a refund that is due but is not paid or credited within forty-five (45} days after retum of this Agreement to Company. Customer's right to cancel this Agreement only applies fo the original owner of this Agreemenf and only if no Services have been provided by Company under this Agreement prior to its retum to Company. 4. Cancellation by Company. This Agreement may be cancelled by Company for any reason or no reason, upon written notice from Company to Customer no fater than 30 days prior to pertormance of any Services hereunder and Company will re�und to Customer, or eredit Customer's account, that part of the Service Fee attributable to Services not pertormed by Company. Customer shall remain liable for and shall pay to Company all amounts due for Services provided by Company and not yet paid. 5. Services Fees and Taxes. Fees for the Services (the "Service Fee(s)") shall be as set forth in the Proposal and are based on performance during regular business hours. Fees for outside Company's regular business hours and any after-hours services shall be billed separately • according to the then prevailing overtime or emergency labor/labour rates. In addition to the stated Service Fee, Customer shall pay all taxes not legally required to be paid by Company or, alternatively, shall provide Company with acceptable tax exemption certificates. Customer shall ' pay all costs (including attorneys' fees) incurred by Company in attempting to coflect amounts due. 6. Payment. Payment is due upon receipt of Company's invoice. Company reserves the right to add to any account outstanding for more than 30 days a service charge equal to the lesser of the maximum allowable legal interest rate or 1.5% of the principal amounf due at the end of each mo�th. Customer shall pay all costs (including attorneys' fees) incurred by Company in attempting to collect amounts due or otherwise ertforcing these terms and conditions. 7. Customer Breach. Each of the following events or conditions shal! constitute a breach by Customer and shall give Campany fhe right, without an election of remedies, to terminate this Agreement or suspend performance by delivery of written notice: (1 } Any failure by Cus#omer to pay amounts when; or (2) any general assignment by Customer for the benefit of its creditors, or if Customer becomes bankrupt or insolvent or takes the benefit of any statute for bankrupt or insolvent debtors, or makes or proposes to make any proposal or arrangement with creditors, or if any steps are taken for the winding up or other terrnination of Customer or the liquidation ofi its assets, or if a trustea, receiver, or similar person is appointed over any of the assets or interests of Customer; (3) Any representation or warranty furnished by Customer in connection with this f�qreement is false or misieading in any material respect when made; or (4) Any failure by Customer to perform or comply with any material provision of this Agreement. Cusfomer shall be liable to the Company for all Services fumisfied to date and all damages susfained by Company (including lost profd and overhead) 8. Performance. Company shall perform the Services in accordance with industry standards genera(ly applicable in the state or province � where the 5ervices are performed under similar circumstances as of the time Company performs the Services. Company is not liabte for any claims, damages, losses, or expenses, arising from or related to work done by or services provided by individuals or eniities that are not employed by or hired by Company. Company may refuse fo perform any Services or work where working conditions could endanger property or put at risk the safety of people. Parts used for any repairs made will be those selected by Company as suitable for the repair and may be parts not manufactured by Company. Customer must reimburse Trane for services, repairs, and/or replacements performed by Trane at , Customer's request beyond the scope of Services or othenruise excluded under this Agreement. The reimbursement shall be at the then revailin a licable re I p g pp gu ar, overtime, or holiday rates for laborllab�ur 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 wo�k. 9. Customer Obligations. Customer shall: (a) provide Company reasonable and safe access to the Covered Equipment and areas where Company is to work; and (b) unless othenwise agreed by Customer and Company, at Customer's expense and before the Services begin, Customer will provide any necessary access plafforms, catwalks to safely perform the Services in compliance with OSHA, state, or provincial indusfrial safety regulations or any other applicable industrial safety standards or guidelines. 70. Exclusions. Unless expressly included in the Proposal, fhe Services do not include, and Company shal! not be responsible for or liable to the Customer for, any claims, losses, damages or expenses suffered by the Customer in any way connected with, relating to or arising from any of the following: (a) Any guarantee of room conditions or system perforrnance; (b} Inspection, operation, maintenance, repair, replacement or performance of work or services outside the Services; (c} Damage, repairs or replacement of parts made necessary as a result of the acts or omission of Customer or any Event of Force Majeure; (d} Any claims, damages, losses, or expenses, arising from or related to conditions that existed in, on, or upon the premises before the effective date of this Agreement ("Pre-Existing Conditions") including, without limitation, damages, losses, or expenses involving a Pre-Existing 02097 Trane All rights reserved Page 4 of 6 Trane Service Quote Proposal for Tequesta Public Safety Facility— Building Automation System ProposallD:2184851 Condition of building envelope issues, mechanical issues, piumbing issues, and/or indoor air quality issues involving moidlmould, bacteria, microbial growth, fungi or other contaminates or airbome biological agents; and (e) Replacement of refrigerant is excluded, unless replacement of refrigeranf is expressly stated as included with the Proposal. 11. Limited Warranty. Company warrants that: {a) the materiai manufactured by Company and provided to the Customer in performance of the Services is free from defects in material and manufacture for a period of 12 months from the ea�ier of the date of equipment start-up or replacement and (b) the labodlabour portion of the Services is warcanted to have been prope�y performed for a period of 90 days from date of completion (the "Limited Warranty"). Company obligations of equipment start-up, if any are stated in the Proposal, are coterminous with the Limited Warranty period. Defects must be reported to Company within the Limited Warranty period. Company's obligation under the Limited Warranty is limited to repairing or replacing the defecUve part at its option and to correcting any impropedy performed labor/tabour. No liability whatsoever shall attach to Company until the Services have been paid for in full. Exclusions from this Limited Warranry include claims, losses, damages, and expenses in any way connected with, related to, or arising from failure or maifunction of equipment due to the foliowing: wear and tear; end of life failure; corrosion; erosion; deterioration; Customer's failure to follow the Company-provided maintenance plan; unauthorized or improper maintenance; unauthorized or improper parts or material; refrigerant not supplied by Trane; and modifications made by others to Company's equipment. Company shall not be obligated to pay for the cost of lost refrigerant or lost product. Some components of Company equipment may be warranted directly from the component suppiier, in which case this Limited Warranty shall not appiy to those components and any warranty of such components shall be the warranty given by the component supplier. Notwithstanding the foregoing, all warranties provided herein terminate upon termination or cancellatfon of this Agreement. Equipment, material and/or parts fhat are not manufactured by Company are not warranted by Company and have such warranties as may 6e extended by the respective manufacturer. THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE THE SOLE AIdD EXCLUSIVE REfNED1ES FOR WARRANTY CLAIMS PROVIDED BY COMPANY TO CUSTOMER UPIDER THtS AGREEMENT AND ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, LIABILITIES, COIdDITIpMS AND REMIDIES, WHETHER IN CONTRACT waRRaNnr STATUTE, OR TORT (INCLUDING PIEGLIGENCE), EXPRESS OR IMPLIED, IN LAW OR IPI FACT, INCLUDING ANY IMPLIED WARRANTIES OF AAERCHANTABILITY APID FITNESS FOR A PARTICULAR U3E OR FITNES3 FOR A PARTICULAR PURPOSE AND/OR OTHERS ARISING FROM COUR8E OF DEALING OR TRADE. COMPANY EXPRESSLY DISCLAIMS AMY REPRESENTATIONS OR WARRANTIES, ENDORSEMENTS OR CONDITIONS OF ANY KIND. EXPRESS OR IMPLIED, INCLUDING ANY IMPLtED WARRANTIES OF QUALITY, FITNESS, MERCHAIVTABILiTY, DURABILITY ANDIOR OTHERS ARISING FROiW COURSE OF DEALING OR TRADE OR REGARDING PREVENTION BY THE SC�PE OF SERVICES, OR ANY COMPONENT THEREOF, OF MOLD/MOULD, FUNGUS, BACTERIA, MICROBIAL GROUVTH, OR ANY OTHER CONTAAHINATES. COMPANY EXPRESSLY DISCLAlMS ANY LIABILITY IF THE SCOPE OF SERVICES OR ANY COMPOPIENT THEREOF IS USED TO PREVENT OR INHIBIT THE GROWTH OF SUCH MATERIALS. THE WARRANTY AfdD LIABILITY SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES AfdD LIABILITtES, WHETHER IN CONTRACT OR IN NEGLIGENCE, EXPRESS OR IMPLIED, IN LAW OR Ild FACT, INCLUDING IMPLIED WARRANTIES OF MERCHAIdTABILITY AND FITNES3 FOR A PARTICULAR PURPOSE. 12. Indemnity. To the maximum extent permitted 6y law, Company and Customer shall indemnify and hold harmless each other from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attomeys' fees, resulting from death or bodily injury or damage to real or personal property, to the extent caused by the negligence or misconduct of the indemnifying party, and/or its respective employees or authorized agents in connection with their activities within the scope of this Agreement. Neither party shall indemnify the other against claims, damages, expenses, or liabilities to the exfent attributable to the acts or omissions of the other party or third parties. If the parties are both at fault, the obligation to indemnify shall be proportional to their relative fault. The duty to indemnify and hold harmless will continue in full force and effect, notwithstanding the expiration or early termination of this Agreement, with respect to any claims based on facts or conditions that occurred prior to expiration or tertnination of this Agreement. 13. Limitation of Lfability. NOTWITHSTANDING ANYTHING .TO THE CONTRARY, NEITHER PARTY SHALL BE 1.IABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION REFRIGERANT LOSS, PRODUCT L03S, LOST REVENUE OR PROFITS, OR LIABILITY TO THIRD PARTIES), OR PUNITIVE DAMAGES WHETHER BASED IN CONTRACT, WARRAfdTY, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, IfdDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS. NOTWITHSTAidDING ANY OTHER PROVISION OF THIS AGREEMENT, THE TOTAL AND AGGREGATE LlABILITY OF THE COMPANY TO THE CUSTOMER WITH RESPECT TO ANY AND ALL CLAIMS CONNECTED WITH, RELATED TO OR ARISING FROM THE PERFpRMAMCE aR 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 UNDER THIS AGREE�IIENT. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY DARAAGES (WHETHER DIRECT OR INDIREC'i) RESULTING FROM MO�D, FUIdGUS, BACTERIA, MICROBIAL GROWTH, �R OTHER CONTAMtNATES OR AIRBORtdE BIOLOGICAL AGENTS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY OF THE FOLLOWING IPl CONNECTION WITH PROVIDING THE ENERGY AND BUILDING PERFORMANCE SERVICES: INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMIS510N; CUSTOMER'S NE'TWORK SECURITY; COMPUTER VIRUS; COMMUNICATION FAILURE; THEFT OR DESTRUCTION OF DATA; GAPS IPl DATA COLLECTED; AND UNAUTHORIZED ACCESS TO CUSTOMER'S DATA OR C04WMUNICATIONS NE7WORK. 14. Asbestos and Hazardous Materials. The Services expressly exclude any identification, abatement, deanup, control, disposat, removal or other work connected with asbestos or other hazardous materials (collectively, ° Hazardous Materials"). Should Company become aware of or suspect the presence of Hazardous Materials, Company may immediately stop work in the affected area and shall notify Customer. Customer will be responsible for taking any and all action necessary to oorrect the condition in accordance with all applicable laws and regulations. Customer shall be exclusively responsible for any claims, liability, fees and penalties, and the paymant thereof, arising out of or relating to any Hazardous Materials on or about the premises, not brought onto the premises by Company. Company shall be required to resume performance of the Services only when the affected area has been rendered harmless. 15. Insurance. Company agrees to maintain the following insurance during the term ofithe contract with limits not less than shown below and will, upon request from Customer, provide a Certificate of evidencing the following coverage: Commercial General Liability $2,000,000 per occurrence Automobile Liability $2,000,000 CS� Workers Compensation Statutory Limits If Customer has requested to be named as an additional insured under Company's insurance policy, Company will do so but ortly subject to Company's manuscript additional insured endorsement under its primary Commercial General Liabflity policfes. In no event does Company or its insurer waive its right of subrogation 16. Force MaJeure. Company's duty to pertorm under this Agreement is contingent upon the non-occuRence of an Event of Force Majeure. If Company shall be unable to carry out any material obligation under this Agreement due to an Event of Force Majeure, this Agreement shall at Company's election (i) remain in effect but Company's obligations shall be suspended until the uncontrollable event terminates or (ii) be terminated upon ten (10) days notice to Customer, in wfiich event Customer shall pay Company for all parts of the Services furnished to the date of termination. An "Event of Force MaJeure" shall mean any cause or event beyond the control of Company, Without limiting the 02017 Trane A!! righfs reserved Page 5 of 6 Trane Service Quote Proposal for Tequesta Public Safety Faciliry— Building Automation System Proposal ID:2184851 foregoing, "Event of Force Majeure" includes: acts of God; acts of terrorism, war or the public enemy; flood; earthquake; lighfning; tomado; storm; fire; civil disotredience; pandemic insurrections; riots; labor disputes; labor or material shortages; sabotage; restraint by cou�t order or pubiic authority (whether valid or invalid), and action or non-action by or inability to obtain or keep in force the necessary govemmental authorizations, permits, licenses, certificates or approvals if not caused by Company and the requirements of any applicable govemment in any manner that diverts either the material or the finished product to the direct or indirect benefit of the govemmenY. 17. General. F�ccept as provided below, to the mabmum extent provided by law, this Agreement is made and shall be interpreted and enforced in accordance with the laws of the state or province in which the Services are performed without regard to choice of law principles which might otherwise call for the application of a different state's or province's law. Any dispute arising under or relating to this Agreement that is not disposed of by agreement shali be decided by litigation in a court of competent jurisdicfion located in the state or province in which the Services are pertormed. Any action or suit arising out of or relatad to this Agreement must be commenced within ona year after the cause of action has accrued. To the exfent the premises are owned and/or operated by any agency of the United States Federal Govemment, deteRnination of any substantive issue of law shall be according to the United States Federal common law of Govemment contracts as enunciated and applied by Federal judicial bodies and boards of contract appeals of the Federal Govemment. This Agreement contains ail of the agreements, representations and understandings of the parties and supersedes all previous understandings, commitments or agreemenfs, oral or written, related to the Services. No documents shall be incorporated herein by reference except to the extent Company is a signatory thereon. If any term or condition of this Agreement is invalid, illegal or incapable of being enforced by any rule of law, all other terms and conditions of this Agreement will nevertheless remain in full force and effect as long as fhe economic or legal substance of the transaction contemplated hereby is not affected in a manner adverse to any party hereto. Customer may not assign, transfer, or convey this Agreement, or any part hereof, without the written consent of Company. Subject to the foregoing, this Agreement shall bind and inure to the benefit of tha parties hereto and their pertnitted successors and assigns. This Agreement may be executed in several counterparts, each of which when executed shall be daemed to be an original, but all together shall constitute but one and the same Agreement. A fully executed facsimile copy hereof or the several counterparts shall suffice as an original. No modifications, additions or changes may be made to this Agreement except in a writing signed by Company. No failure or delay by the Company in enforcing any right or exercising any remedy under this Rgreement shal( be deemed to be a waiver by the Company of any right or remedy. 18. Equal Employment OpportunttylA�rmative Action Clause. Company is a United States federal contractor that complies fully with Executive Order 11246, as amended, and the applicable regulations contained in 41 C.F.R. Parts 60-1 through 60-60, 29 U.S.C. Section 793 and the applicable regulations contained in 41 C.F.R. Part 60-741; and 38 U.S.C. Section 4212 and the applicable regulations contained in 41 C.F.R. Part 60-250; and Executive Order 13496 and Section 29 GFR 471, appendix A to subpart A, regarding the notice of employee rights in the United States and with Canadian Charter of Rights and Freedoms Schedule B to the Canada Act 1982 (U.K.) 1982, c. 11 and applicable Provincial Human Rights Codes and employment law in Canada. 19. U.S. Govemment Contracts. The following provision applies only to direct sales by Company to the US Government. The Parties acknowledge that all items or services ordered artd delivered under this Agreement / Purchase Orde� are Commercial Items as defined under Patt 12 of the Federal Acquisition Regulation (FAR). In particular, Company agrees to be bound only by those Federal coniracting clauses that apply to `commeroial" suppliers and thatare contained in FAR 52.212-5(e)(1). Company complies with 52.219-8 or 52.219-9 in its service and installation contracting business. The following provislon appHes only to indirect sales by Company to the US Government. As a Commercial Item Subcontractor, Company accepts only the following mandatory flow down provisions: 52219-8; 52.222-26; 52.222-35; 52.222-36; 52.222-39; 52.247-64. If the Services are in connection with a U.S. govemment contraot, Customer agrees and hereby certifies that it has provided and will provide current, accurate, and complete information, representations and certifications to all govemment officials, including but not limited to the cont�acfi�g officer and officials of the Small Business Administration, on all matters related to the prime contract, including but not limited to all aspects of its ownership, eligibility, and perfoRnance. Anything herein nofwithstanding, Company will have no obligations to Customer unless and until Customer provides Company with a true, coRect and complete executed copy of the prime contract. Upon request, Customer will provide copies to Company of all requested written communications with any govemment official related to the prime contract prior to or concurrent with the execution thereof, including but not limited to any communications related to contractor's Customer's ownership, eligibility or perFormance of the prime contract, Customer wifl obtain written authorization and approval from Company prior to providing any govemment official any information about Company's performance of the Services that are the subject af this offer or agreement, other ihan the Proposal or this Agreement. 20. Limited Waiver of Sovereign Immunity. If Customer is an Indian tribe (in fhe U.S.} or a First Nation or Band Council (in Canada), Customer, whether acting i� its capacity as a government, govemmental entity, a duly organized corporate entity or ofhervvise, for itself and for its agents, successors, and assigns: (1) hereby provides this limited waiver of its sovereign immunity as to any damages, claims, lawsuit, or cause of action (herein "Action") brought against Customer by Company and arising or alleged to arise out of the fumishing by Company of any product or service under this Agreement, whether such Actian is based in contract, tort, strict liability, civil liability or any other legal theory; (2) agrees that jurisdiction and venue for any such Action shall be proper and valid (a) if Customer is in the U.S., in any state or United States court located in the state in which Company is performing this Agreement or (b) if Customer is in Canada, in the superior court of the province or temtory in whi�h the work was performed; (3) expressly cansents to such Action, and waives any objection to jurisdiction or venue; (4) waives any requirement of exhaustion of tribal court or administrative remedies for any Action arising out of or related to this Agreement; and (5) expressly acknowledges and agrees that Company is not subject to the jurisdiction of Customer's tribal court or any similar tribal forum, that Customer will not bring any action agai�st Company in tribal court, and that Customer will not avail itself of any ruling or direction of the tribal co�rt permitting or directing it to suspend its payment or other obligations under this Agreemertf. The individual signing on behalf of Customer warrants and represents that such individual is duly authorized ta provide this waiver and enter into this Agreement and that this Agreement constitutes the valid and legally binding obligation of Customer, enforceable in accordance with its terms. 1-10.48 (1114) Supersedes 1-10.48 (0614) 02097 Trane All rights reserved Page 6 of 6 Trane Service Quote � -= TRI�II/E � (� � �� � � Butlr,�in� Services , - , ,� � � '. � 1"rane'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. �roven 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 refiect 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 Toois, 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, 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 / 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. i x ��� ' � y � k' . �b t �,.... iNE MAKE BUILOINGS WORK BETTER f0R L!F£'" � - TRANE � Bt�ild��y S�svi�s Safety T'ools, Training & Expertise (continued) • Smith System Safe Driving Program — Trane's safety Managers are certified instructors; safety 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 Ibs. • 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 lnspections — 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-employerjob 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 manage project risk more effectively than you could using multiple contractors or even a single prime contractor with a less impressive safety record. r �� ; ������i � ::,;���'i... "r`. SYE MAKE BUILDINGS WORK BETTfR FOR L/FE"