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HomeMy WebLinkAboutTrane RTU #1�a SE�SASTIIAN HOME OF PEUCAN ISMD CITY COUNCIL AGENDA TRANSMITTAL FORM Council Meeting Date: 08 June 2016 Agenda Item Title: A/C — Council Chambers Recommendation: Approve replacement of one (1) A/C unit for Council Chambers from Trane in the amount of $32,247. Background: The City of Sebastian has a maintenance contract with Trane that services City Hall and Police buildings. The A/C unit servicing the Council Chambers is in need of replacement due to expiration of its service life and numerous repair service calls. The City has a Service Agreement in place with Trane. As a `check,' Staff solicited another quote from a Trane dealer, Mid -State. If Agenda Item Requires Expenditure of Funds: Total Cost: $32,247.00 Amount Budgeted in Current FY: -0- Amount of Appropriation Required: $32,247 Fund to Be Utilized for Appropriation: Repair & Replacement Fund Administrative Services Department/CFO Review: " 1 Attachments: 1. Trane Proposal 2. Mid -State Proposal City Manager Authorization: rl � Date: 27 May 2016 Trane Turnkey Proposal TRANE Turnkey Proposal For: City of Sebastian Local Trane Office: Trane U.S.Inc. 2301 Lucien Way, Suite 430 Maitland, FL 32751 Local Trane Representative: Bob Powell Office: (407) 660-1111 Proposal ID: 1801040 Date: May 24, 2016 ®] Awk TRANE TRANE TURNKEY PROPOSAL Executive Summary Trane is pleased to present a solution to help The City of Sebastian reach its performance goals and objectives This proposed project will enhance your operation by helping you to optimize your resources, improve the comfort in your facility, and reduce energy costs. We appreciate the effort from The City of Sebastian to assist in the HVAC system analysis and business discussions. Because of your efforts, we were able to develop a proposal that offers Turnkey retrofit service solutions to your speck concerns, based on Trane system knowledge and application expertise. As your partner, Trane is committed to providing Turnkey retrofit services to help achieve a comfortable building environment for the people who occupy the building. For the people who own, manage and maintain the building, Trane is committed to providing reliable HVAC systems and products that improve performance. Some key features and benefits The City of Sebastian should expect from this project are highlighted below. • Trane Safety Procedures • Trane Project Management • Trane Factory Installation and Start-up Trane appreciates the opportunity to earn your business. This investment will provide The City with the capability to significantly reduce operating costs and improve comfort conditions in your facility. We look forward to partnering with The City of Sebastian for your Turnkey retrofits service needs. I will be contacting you soon to discuss the proposal and to schedule the next steps WE VALUE THE CONFIDENCE YOU HAVE PLACED IN TRANE AND LOOK FORWARD TO PARTNERING WITH YOU. Bob Powell Trane U.S. Inc. Prepared For: The City of Sebastian Job Name: RTU Replacements Delivery Terms: Freight Allowed and Prepaid — F.O.B Factory State Contractor License Number: Date: May 24, 2016 Proposal Number: 1815628 Payment Terms: Net 30 Proposal Number. TRWE Proposal Expiration Date: 30 Days Scope of Work "Scope of Work" and notations within are based on site surveys performed on 10/30/2014 Turnkev Installation of FIVAC Equipment • Furnish and Install (1) New Trane Roof Top Units in place of existing Trane Roof Top Unit with complete coating for entire unit • Provide all labor to remove and replace equipment within the scope provided • Reconnect to existing electrical disconnects as needed • Reconnect to existing ductwork as needed • Reconnect New units to existing curbs • Coordinate the shutdown of the 1 unit to be replaced with The City • Provide factory startup of new units • Provide Crane and fees • Provide Permit and fees Proposal Notes Clarification, • Equipment Order Release and Services rendered are dependent on receipt of PO/Subcontract and credit approval • Trane will not perform any work if working conditions could endanger or put at risk the safety of our employees or subcontractors • Asbestos or hazardous material abatement removal shall be performed by customer Financial items not in .l ., ., • Bid Bond • Payment and Performance Bond • Liquidated or Consequential Damages • Demurrage or Storage Charges • Participation in OCIOP or CCIP Insurance Programs 02012 Trane All rights reserved Page 1 of 5 Confidential and Proprietary Information of Trane U.S. Inc. Proposal Number. TJ ?ME Pricing and Acceptance Price Total Turnkey Price for RTU 1 w/ ERV replacement is .............................................. $32,247.00 Pricing based on TCPN Contract# 150502 Respectfully submitted, Bob Powell Trane U.S.Inc. (407)660-1111 ACCEPTANCE This proposal is subject to Customer's acceptance of the attached Trane Terms and Conditions (Installation). We value the confidence you have placed in Trane and look forward to working with you. Submitted By: Bob Powell Cell: 321-514-9556 Office: (407) 660-1111 Proposal Date: September 23, 2014 TRANE ACCEPTANCE Trane U.S. Inc. CUSTOMER ACCEPTANCE Authorized Representative Authorized Representative Printed Name Printed Name Title Title Purchase Order Acceptance Date: Signature Date License Number: ® 2012 Trane All rights reserved Page 2 of 5 Confidential and Proprietary Information of Trane U.S. Inc. Proposal Number., TJ ?ME TERMS AND CONDITIONS - INSTALLATION "Company" shall mean Trane U.S. Inc.. t. Acceptance; Agreement These terms and conditions are an Integral part of Company's offer and form the basis of any agreement (the "Agreement") resulting from Company's proposal (the "Proposal") for the goods and/or services described (the "Work"). COMPANY'S TERMS AND CONDITIONS ARE SUBJECT TO PERIODIC CHANGE OR AMENDMENT. The Proposal is subject to acceptance in writing by the party to whom this offer is made or an authonzed agent ("Customer') delivered to Company within 30 days from the date of the Proposal. If Customer accepts the Proposal by placing an order, without the addition of any other terms and conditions of sale or any other modification, Customers order shall be deemed acceptance of the Proposal subject to Company's terms and conditions. If Customers order is expressly conditioned upon Companys acceptarce or assent to tens and/or conditions other than those expressed herein, return of such order by Company with Company's terms and conditions attached or referenced serves as Companys notice of objection to Customers terms and as Company's counter-offer to provide Work in accordance with the Proposal and the Company terms and conditions. If Customer does not reject or object In writing to Company within 10 days, Companys counter-offer will be deemed accepted. Customers acceptance of the Work by Company will In any event constitute an acceptance by Customer of Companys terms and conditions. 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 such revisions. this Agreement shall be cancelled witnoul any liability, other than Customers obligation to pay for Work rendered by Company to the dale of cancellation. L Pricing and Taxes. Unless otherwise noted. the price in the Proposal includes standard ground transportation and. if required by law, all sales, consumer. use and similar taxes legally enacted as of the date hereof for equipment and material installed by Company. Tax exemption is contingent upon Customer furnishing appropriate certificates evidencing Customers tax exempt status. Company shall charge Customer additional costs for bonds agreed to be provided. Equipment sold on an uninstalled basis and any taxable laborilabour do not include sales tax and taxes will be added. Following acceptance without addition of any other terms and condition of sale or any other modification by Customer. the prices slated are firm provided that notification of release for immediate production and shipment is received at the factory not later than 3 months from order receipt. If such release is received later than 3 months from order receipt date, press will be increased a straight I% (not compounded) for each one-month period (or part thereof) beyond the 3 month firm price period up to the date of receipt of such release. If such release is not received within 6 months after date of order receipt, the prices are subject to renegotiation. or at Companys option. the order will be cancelled. Any delay in shipment caused by Customers actions will subject prices to increase equal to the percentage increase in list prices during that period of delay and Company may charge Customer with incurred storage fees. 3. Exclusions from Work. Companys obligation is limited to this Work as defined and does not include any modifications to the Work site under the Americans With Disabilities Act or any other law or building code(s). In no event shall Company be required to perform work Company reasonably believes is outside of the defined Work without a written change order signed by Customer and Company. 4. Performance. Company shall perform the Work in accordance with industry standards generally applicable in the area under similar circumstances as of the time Company performs the Work Company may refuse to perform any Work where working conditions could endanger property or put at risk the safety of persons. Unless otherwise agreed to by Customer and Company. at Customers expense and before the Work begins- Customer will provide any necessary access platforms, catwalks to safely perform the Work in compliance with OSHA or state industrial safety regulations. S. Payment. Customer shall pay Companys invoices within net 30 days of invoice date. Company may invoice Customer for all equipment of material furnished, whether delivered to the inslallatfon site or to an off-site storage facility and for all Work performed on-site or off-site. No retention shall be withheld from any payments except as expressly agreed in writing by Company, in which case retention shall be reduced per the contract documents and released no later than the dale of substantial completion. Under no circumstances shall any retention be withheld for the equipment portion of the order. If payment is not received as required. Company may suspend performance and the fime for completion shall be extended for a reasonable period of time not less than the period of suspension. Customer shall be liable to Company for all reasonable shutdown, standby and start-up costs as a result of the suspension. Company reserves the fight to add to any account outstanding for more than 30 days a service charge equal to 1.5% of the principal amount due at the and of each month. Customer shall pay all costs (including attorneys' fees) incurred by Company in attempting to callect amounts due and otherwise enforcing these terms and conditions. If requested. Company will provide appropriate lien weiver5 upon receipt Of payment. Customer agrees that. unless Customer makes payment in advance. Company will have a purchase money security interest in all equipment from Company to secure payment in full of all amounts due Company and its order for the equipment. together with these terms and conditions. forth a security agreement Customer shall keep the equipment free of all taxes and encumbrances, shall not remove the equipment from Its original installation point and shall not assign or transfer any interest in the equipment unlit all payments due Company have been made. 6. Time for Completion. Except to the extent otherwise expressly agreed in writing signed by an authorized representative of Company, all dates provided by Company or its representatives for commencement. progress or completion are estimates only. While Company shall use commercially reasonable efforts to meet such estimated dates. Company shall not be responsible for any damages for its failure to do so. 7. Access. Company and its subcontractors shall he provided access to the Work site during regular business hours. or such other hours as maybe requested by Company and acceptable to the Work site' owner or tenant for the performance of the Work. Including sufficient areas for staging, mobilization, and storage. Companys access to correct any emergency condition shall not be restricted. 6. Completion. Notwlmstanding any other term or condition herein. when Company informs Customer that the Work has been completed. Customer shall Inspect the Work in the presence of Companys representative, and Customer shall either (a) accept the Work in its entirely in writing. or (b) accept the Work in part and specifically identify. In writing, any exception items. Customer agrees to re -inspect any and all excepted items as soon as Company informs Customer that all such excepted items have been completed. The initial acceptance inspection shall take place within ten (10) days from the date when Company informs Customer that the Work has been completed. Any subsequent reinspection of excepted items shall take place within five (5) days from the date when Company Informs Customer that the excepted items have been completed. Customers failure to cooperate and complete any of said inspections within the required time limits shall constitute complete acceptance of the Work as of ten (10) days from dale when Company informs Customer that the Work. or the excepted items, if applicable. has/have been completed. 9. Permits and Governmental Fees. Company shall secure (with Customers assistance) and pay for building and other permits and governmental fees, licenses. and inspections necessary for proper performance and completion of the Work which are legally required when bids from Company's subcontractors are received, negotiations thereon concluded. or the effective date of a relevant Change Order, whichever is later. Customer is responsible for necessary approvals, easements, assessments and charges for construction. use or occupancy or permanent structures or for permanent changes to existing facilities. If the cost of such permits. fees. licenses and inspections are not included in the Proposal. Company will invoice Customer for such costs. 10. Utilities During Construction. Customer shall provide without charge to Company all water, heat. and utilities required for performance of the Work. 11. Concealed or Unknown Conditions. In the performance of the Work, If Company encounters conditions at the Work site that are (i) subsurface or otherwise concealed physical conditions that differ materially from those indicated on drawings expressly incorporated herein or (10 unknown physical conditions of an unusual nature that differ materially from those conditions ordinarily found to exist and generally recognized as inherent in construction activities of the type and character as the Work, Company shall notify Customer of such conditicns promptly, prior to significantly disturbing same. If such conditions differ materially and cause an increase in Companys cost of, or time required for, performance of any part of the Work, Company shall be eni tied to, and Customer shall consent by Change Oder to, an equitable adjustment in the Contract Price, contract time, or both. 12 Pre -Existing Condition. Company is not liable for any claims. damages, losses. or expenses. arising from or related to conditions that existed in, on, or upon the Work site before the Commencement Date of this Agreement ('Pre -Existing Conditions'), including, without limitation, damages, losses. or expenses involving Pre -Existing Conditions of building envelope Issues, mechanical issues, plumbing issues. and!or indoor air quality issues involving moldlmould and/or © 2012 Trane All rights reserved Page 3 of 5 Confidential and Proprietary Information of Trane U.S. Inc. -� Proposal Number. TRWE fungi. Company also is not liable for any claims, damages. losses, or expenses, arising from or related to work done by or services provided by Individuals or entities that are not employed by or hired by Company. 13. Asbestos and Hazardous Materials. Company's Work and other services in connection with Nis Agreement expressly excludes any identification, abatement. cleanup, control, disposal, removal or other work connected Win asbestos. polychlorinated biphenyl ('PCB'), or other hazardous materials (hereinafter, collectively. 'Hazardous Maledals). Customer warrants and represents that, except as set forth in a wring signed by Company, there are no Hazardous Materials on the Work site that will in any way affect Company's Work and Customer has disclosed to Company the existence and location of any Hazardous Materials in all areas within which Company will be performing the Work. Should Company became aware or or suspect the presence of Hazardous Materials. Company may immediately stop work in the affected area and shall rally Customer. Customer will be exclusively responsible for laking any and all action necessary to correct the condition in accordance with all applicable laws and regulations. Customer shall be exclusively responsible for and. to the fullest extent permitted by law. shall indemnify and hold harmless Company (including its employees. agents and subcontractors) from and against any loss, claim. liability, fees, penalties. injury (including death) or liability of any nature. and the payment thereof arising out of or relating to any Hazardous Materials on or about the Work site. not brought onto the Wok site by Company. Company shall be required to resume performance or the Work in the affected area only in the absence of Hazardous Materials or when the affected area has been rendered harmless. In no event shall Company be obligated to transport or handle Hazardous Materials, provide any helices to any governmental agency. or examine the Work site for the presence of Hazardous Materials. 14. Force Majeure. Company's duty to perform under this Agreement is contingent upon the non-occurrence of an Event of Force Majeure. If Company shall be unable 10 carry out any material obligation under this Agreement due to an Event of Force Majeure, this Agreement shall at Company's election (t) remain in effect but Company's obligations shall be suspended unlit the uncontrollable event terminates or (it) be terminated upon 10 days notice to Customer. in which event Customer shall pay Company for all parts of the Work furnished to the dale of termination. An 'Event or Force Majeure' shall mean any cause or event beyond the control of Company. Without limiting the foregoing. 'Event of Force Majeure' includes: acts of God: acts of terrorism. war or the public enemy. fiood: earthquake: tornado: storm: fire: civil disobedience; pandemic Insurrections: riots: labonlabour disputes: labor/labour a material shortages; sabotage; restraint by court order or public aulhomy (whether valid or invalid), and action or nonaction by or Inability to obtain or keep in force the necessary governmental authorizations. permits, licenses, certificates or approvals if not caused by Company. and the requirements of any applicable government in any manner that diverts either the material or the finished product to the direct or indirect benefit of the government. 15. Customer's Breach. Each of the following events or conditions shall consfitule a breach by Customer and shall give Company the right without an election of remedies, to terminate this Agreement or suspend performance by delivery of written notice declaring termination. upon which event Customer shall be liable to Company for all Work furnished to date and all damages sustained by Company (including lost profit and overhead): (1) Any failure by Customer to pay amounts when due: or (2) any general assignment by Customer for the benefit of its creditors, or if Customer becomes bankrupt or insolvent or lakes the benefit of any statute fa bankrupt or insolvent dealers. or makes or proposes to make any proposal or arrangement with creditors. or if any steps are taken for the winding up or other termination of Customer or the liquidation of its assets. or if a trustee, receiver, or similar person is appointed over any of the assets of interests of Customer, (3) Any representation or wararay furnished by Customer in this Agreement is false or misleading in any material respect when made: or (4)Any failure by Customer to perform or comply with any material provision of this Agreement. 16. Indemnity. To the fullest extent penrdfted by law. Company and Customer shall indemnify, defend and hold harmless each other from any and all claims. actions. costs. expenses. damages and liabilities. including reasonable attorneys fees, resulting from death or bodily Injury or damage to real a tangible personal property. to the extent caused by the neg Bence or misconduct of their respective employees or other auGonzed agents in connection win their allvifies within the scope of this Agreement. Neither party shall indemnify the other against claims. damages, expenses or liabilities to the extent attributable to the acts or omissions of the cher party. If the parties are both at fault. the obligation to Indemnify shall be propolion tl to their relative fauf . The duty to indemnify will continue in full farce and effect. notwithstanding the expiration or early termination hereol, with respect to any claims based on facts or conditions that occurred prior to expiration or lamination. 1T. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT CONSEQUENTIAL, OR PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION BUSINESS INTERRUPTION, LOST DATA, LOST REVENUE, LOST PROFITS, LOST DOLLAR SAVINGS, OR LOST ENERGY USE SAVINGS, EVEN IF A PARTY HAS BEEN ADVISED OF SUCH POSSIBLE DAMAGES OR IF SAME WERE REASONABLY FORESEEABLE AND REGARDLESS OF WHETHER THE CAUSE OF ACTION IS FRAMED IN CONTRACT, NEGLIGENCE. ANY OTHER TORT, WARRANTY, STRICT LIABILITY. OR PRODUCT LIABILITY), In no event will Company's liability in connection with the provision of products or services or otherwise under this Agreement exceed the entire amount paid to Company by Customer under this Agreement 18. Patent Indemnity. Company shall protect and indemnify Customer from and against all claims, damages, judgments and loss ansmg from infringement or alleged infringement of any United States patent by any of the goods manufactured by Company and delivered hereunder, provided that in the event of suit Or threat of suit for patent infringement. Company shag promptly be notified and given full opportunity to negotiate a settlement. Company does not warrant against infringement by reason or Customers design or the articles or the use thereof in combination with other materials or in the operation of any process. In the event of litigation. Customer agrees to reasonably cooperate with Company. In connection with any proceeding under the provisions of chis Section. all parties concerned shall be engged to be represented by counsel at their own expense. 19. Limited Warranty. Company warrants for a period of 12 months from the dale of substantial completion ('Warranty Period') equipment manufactured by Company against fadure due to defects in material and manufacture and that the laborflabour furnished is warranted to have been property performed (the 'Limited Warranty'). Product manufactured by Company that Includes required startup and Is sold in North America will not be warranted by Company unless Company performs the product start-up. Substantial completion shall be the earlier of the dale that the Wok is sufficiently complete so that the Work can be utilized fa its intended use or the date that Customer receives beneficial use of the Work. If such defect is dismvered within the Warranty Period. Company will correct the defect or furl replacement equipment (or, at its option, pans therefor) and. if said equipment was installed pursuant hereto. lamrliabour associated win the replacement of parts or equipment not conforming f0 this Limited Warranty. Defers must be reponed to Company within the Warranty Period. Exclusions from this limited Warranty include damage or failure arising Prem: wear and tear; corrosion, erosion. deterioration: Customer's failure to follow the Company -provided makxanance plan; 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. Notwithstanding the foregoing. all warranties provided herein terminate upon termination or cancellation or this Agreement. No warranty liability whatsoever shall attach to Company until the Wok has been paid for in full and then said liability shall be limited to the lesser of Company's cast W correct ft defective Work and/or the purchase price of the equipment shown to be detective. Equipment. material and/or parts that are not manufactured by Company are not warranted by Company and have such warranties as may be extended by the respective manufacturer. Trane equipment sold on an uninstalled basis is warranted to accordance with Company's standard warranty for supplied equipment. THE WARRANTY AND LIABILITY SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES. WHETHER IN CONTRACT OR IN NEGLIGENCE. EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ANDIOR OTHERS ARISING FROM COURSE OF DEALING OR TRADE. COMPANY MAKES NO REPRESENTATION OR WARRANTY EXPRESS OR IMPLIED REGARDING PREVENTION BY THE WORK, OR ANY COMPONENT THEREOF, OF MOLDIMOULD. FUNGUS. BACTERIA, MICROBIAL GROWTH. OR ANY OTHER CONTAMINATES. COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY IF THE WORK OR ANY COMPONENT THEREOF IS USED TO PREVENT OR INHIBIT THE GROWTH OF SUCH MATERIALS. 20. Insurance. Company agrees to maintain the following insurance while the Work is being performed 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 52.000,000 CSL Workers Compensation Statutory limits © 2012 Trane All rights reserved Page 4 of 5 Confidential and Proprietary Information of Trane U.S. Inc. Proposal Number. TXWE If Customer has requested to be named as an additional insured under Company's insurance policy. Company will do so but only subject to Company's manuscript additional insured endorsement under its primary Commercial General Liab,lity policies. In no event does Company waive its right of subrogation. 21. Commencement of Statutory Limitation Period. Except as to warranty claims, as may be applicable. any applicable statutes of limitation for acts or failures to act shall commence to run, and any alleged cause of action stemming therefrom shall be deemed to have accrued, in any and all events not later than the last dale that Company or its subcontractors physically performed work on the project site. 22. General. Except as provided below. to the maximum 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 Work is 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 shall be decided by litigation in a court of competent jurisdiction located in the state or province in which the Work is performed. Any action or suit arising out of or related to this Agreement must be commenced within one year after the cause of action has accrued. To the extent the Work site Is owned and/or operated by any agency of the Federal Government. determination of any substantive issue of law shall be according to the Federal common law of Government Contracts as enunciated and applied by Federal judicial bodies and boards of contract appeals of the Federal Government. This Agreement contains all of the agreements. representations and understandings of the parties and supersedes all previous understandings, commitments or agreements, oral or written, related to the subject matter hereof. This Agreement may not be amended, modified or terminated except by a writing signed by the parties hereto. 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 the economic or legal substance of the transaction Contemplated hereby is nol affected in a manner adverse to any party hereto. Customer may not assign. transfer, or convey this Agreement. or any part hereof, or its right, titre or Interest herein, without the written Consent of the Company. Subject to the foregoing. this Agreement shall be binding upon and inure to the benefit of Customer's permitted successors and assigns. This Agreement may be executed in several counterparts. each of which when executed shall be deemed to be an original, but all together shall Constitute but one and the same Agreement. A fufly executed facsimile Copy hereof or the several Counterparts shall suffice as an anginal. 23. Equal Employment OpportunirylAfftrmative Action Clause. Company is a federal contractor that complies fully with Executive Order 11246. as emended. and the applicable regulations Contained in 41 C.F.R. Pans 60-1 through 60-60, 29 U.S.C. Section 793 and the applicable regulations contained in 41 C.F.R. Pan 60-741; and 38 U.S.C. Section 4212 and the applicable regulations contained in 41 C.F.R. Pan 60-250 Executive Order 13496 and Section 29 CFR 471, appendix A to subpart A. regarding the notice of employee rights in the United Slates and with Canadian Charter of Rights and Freedoms Schedule B to the Canada Act 1982 (U.K.)1982. c. 1 t and applicable Provincial Human Rights Codes and employment law in Canada. 24. U.S. Govemment Work. The following provision applies only to direct sales by Company to the US Government The Panics acknowledge that all items or services ordered and delivered under this Agreement are Commercial Items as defined under Part 12 of the Federal Acquisition Regulation (FAR). In particular. Company agrees to be bound only by those Federal contracting clauses that apply to *commercial' suppliers and that are contained in FAR 52.212.5(e)(1). Company Complies with 52.219-8 or 52.219-9 in 4s service and installation Contracting business. The following provision applies only to Indirect sales by Company to the US Government As a Commercial Item Subcontractor. Company accepts only the following mandatory flow down provisions: 52.219-8: 52.222-26: 52.222.35: 52.222-36; 52.222-39; 52.247-64. N the Work is in Connection with a U.S. Government Contract. Customer caddies that it has provided and will provide current. accurate. and Complete infonmati0n. representations and certifications to all government officials. including but not limited to the Contracting 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 performance. Anything herein notwithstanding. Company will have no obligations to Customer unless and unfit Customer provides Company with a true. Correct and complete executed Copy of the prime Contract. Upon request. Customer will provide Copies to Company of all requested written Communications with any government official related to the prime contract prior to or concurrent with the execution thereof, including but not limited to any communications related in Custrinsers ownership, eligibility or performance of the prime contract. Customer will obtain written authorization and approval from Company prior to providing any government official any information about Company's performance of the work that Is the subject of he Proposal or this Agreement, other than the Proposal or Ihis Agreement. NOTICE: Company is restricted from receiving funds appropriated or otherwise made available under U.S Public Laws 110-161,111-8, and 111.117. 25. Limited Waiver of Sovereign Immunity. ff Customer is an Indian tribe (in the U.S.) or a First Nation or Bard Council (in Canada). Customer. whether acting In Its capacity as a government. governmental entity, a duly organized corporate entity or otherwise, 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 arse out of the furnishing by Company of any product or service under this Agreement, whether such Action is based in Contract. ton. strict liability, civil liability or any other legal theory: (2) agrees that jurisdiction and venue far 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 conn of the province or territory in which the work was performed; (3) expressly consents to such Action. and waives any objection to jurisdiction or venue: (4) waives any requirement of exhaustion of tribal court or administrative remedies lar any Action arising out of or related to this Agreement: and (5) expressly acknow4edges and agrees that Company is not subject to the jurisdiction of Customers tribal court or any similar tribal forum, that Customer will not bring any action against Company in tubal court. and that Customer will not avail itself of any ruling or direction of the tribal court permitting or directing it w suspend its payment or other obligations under this Agreement, The individual signing on behalf of Customer warrants and represents that such mdivldual is duly authorized to 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. 1-26.251-10(1213) Supersedes 1-26.251-10(1013) © 2012 Trane All rights reserved Page 5 of 5 Confidential and Proprietary Information of Trane U.S. Inc. Mid — State Alechanical of Vero Bench, Inc. HEATING, AIR—CONDITIONING & VENTILATION INDUSTRIAL A LARGE COMMERCIAL May 9, 2016 City of Sebastian 1225 Main Street Sebastian FL 32958 Attn: James Testa itesto 0cityofsebastia n. ora We are quoting on replacing the existing Trane package unit serving the Assembly Chamber Buildings. Scope of work: • New proposed unit Trane Model OHD150G3ROA with 18 -kw of heat • New SEMCO fresh air preconditioner model FVT-2000 • Condenser, evaporator, and HGRH factory coil coasting • Engineered adapter curt to existing curb • Hoisting and crane service • Ductwork modifications as necessary • Disconnect and reconnect to existing electrical service • Anchoring new adapter curb to existing curb • Start-up of new system • 1 -year Warranty parts and labor & 5 -year compressor warranty parts only .• Permit fee's Not Included: • Reconnecting Trane controls to new unit • Mechanical drawings; if required for permit • New vibration curb assembly; reusing existing curb Base Quote $65,955.00 Sincerely, // /rreOl�..�CGC�t"O Robert Fields, President Mid -State Mechanical 3825 71st Street • Vero Beach, Florida 32967 Tel (772) 567-3102 • Fax (772) 778-8548 • email: sales n midstatemech.com Trane Turnkey Proposa AM qU MANE Turnkey Proposal For: City of Sebastian Local Trane Office: Trane U.S.Inc. 2301 Lucien Way, Suite 430 Maitland, FL 32751 Local Trane Representative: Bob Powell Office: (407) 660-1111 Proposal ID: 1801040 Date: May 24, 2016 ��]I ,,. rwur,o , TRANE 8ui/din9 Services TRANE TURNKEY PROPOSAL Executive Summary Trane is pleased to present a solution to help The City of Sebastian reach its performance goals and objectives. This proposed project will enhance your operation by helping you to optimize your resources, improve the comfort in your facility, and reduce energy costs. We appreciate the effort from The City of Sebastian to assist in the HVAC system analysis and business discussions. Because of your efforts, we were able to develop a proposal that offers Turnkey retrofit service solutions to your specific concerns, based on Trane system knowledge and application expertise. As your partner, Trane is committed to providing Turnkey retrofit services to help achieve a comfortable building environment for the people who occupy the building. For the people who own, manage and maintain the building, Trane is committed to providing reliable HVAC systems and products that improve performance. Some key features and benefits The City of Sebastian should expect from this project are highlighted below. • Trane Safety Procedures • Trane Project Management • Trane Factory Installation and Start-up Trane appreciates the opportunity to earn your business. This investment will provide The City with the capability to significantly reduce operating costs and improve comfort conditions in your facility. We look forward to partnering with The City of Sebastian for your Turnkey retrofits service needs. I will be contacting you soon to discuss the proposal and to schedule the next steps WE VALUE THE CONFIDENCE YOU HAVE PLACED IN TRANE AND LOOK FORWARD TO PARTNERING WITH YOU. Bob Powell Trane U.S. Inc. 9�� 111.1 J)ZQ @"'. Prepared For: The City of Sebastian Job Name: RTU Replacements Delivery Terms: Freight Allowed and Prepaid — F.O.B Factory State Contractor License Number: Date: May 24, 2016 Proposal Number: 1815628 Payment Terms: Net 30 Proposal Number: MWE Proposal Expiration Date: 30 Days Scope of Work "Scope of Work" and notations within are based on site surveys performed on 10/30/2014 Turnkey Installation of HVAC Equipment • Furnish and Install (1) New Trane Roof Top Units in place of existing Trane Roof Top Unit with complete coating for entire unit • Provide all labor to remove and replace equipment within the scope provided Reconnect to existing electrical disconnects as needed • Reconnect to existing ductwork as needed • Reconnect New units to existing curbs • Coordinate the shutdown of the 1 unit to be replaced with The City • Provide factory startup of new units • Provide Crane and fees • Provide Permit and fees Proposal Notes/ Clarifications • Equipment Order Release and Services rendered are dependent on receipt of PO/Subcontract and credit approval • Trane will not perform any work if working conditions could endanger or put at risk the safety of our employees or subcontractors • Asbestos or hazardous material abatement removal shall be performed by customer Financial items not included • Bid Bond • Payment and Performance Bond • Liquidated or Consequential Damages • Demurrage or Storage Charges • Participation in OCIOP or CCIP Insurance Programs © 2012 Trane All rights reserved Page 1 of 5 Confidential and Proprietary Information of Trane U.S. Inc. Proposal Number. AV--hk TR WE 1Wswlding Services Pricing and Acceptance Price Total Turnkey Price for RTU 1 w/ ERV replacement is .............................................. $32,247.00 Pricing based on TCPN Contract# 150502 Respectfully submitted, Bob Powell Trane U.S. Inc. (407) 660-1111 ACCEPTANC_ This proposal is subject to Customer's acceptance of the attached Trane Terms and Conditions (Installation). We value the confidence you have placed in Trane and look forward to working with you. Submitted By: Bob Powell Cell: 321-514-9556 Office: (407) 660-1111 Proposal Date: September 23, 2014 TRANE ACCEPTANCE Trane U.S. Inc. CUSTOMER ACCEPTANCE Authorized Representative Authorized Representative Printed Name Printed Name Title Title Purchase Order Acceptance Date: Signature Date License Number: ©2012 Trane All rights reserved Page 2 of 5 Confdential and Proprietary Information of Trane U.S. Inc. Proposal Number. ri?ME Buiyding Services TERMS AND CONDITIONS • INSTALLATION "Company" shall mean Trane U.S. Inc.. 1. Acceptance; Agreement These terms and conditions are an Integral part of Company's offer and form the basis of any agreement (the "Agreement") resulting from Company's proposal (the "Proposal") for the goods and/or services described (the "Work"), COMPANY'S TERMS AND CONDITIONS ARE SUBJECT TO PERIODIC CHANGE OR AMENDMENT. 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 Proposal. If Customer accepts the Proposal by placing an order, without the addition of any other ternsand conditions of sale or any other modification, Customer's order shall be deemed acceptance of the Proposal subject to Company's terms and conditions. If Customer's order is expressly conditioned upon Company's acceptance or assent to terms and/or conditions other than those expressed herein, return of such order by Company with Company's terms and conditions attached or referenced serves as Company's notice of objection to Customers terms and as Company's counteroffer to provide Work in accordance with the Proposal and the Company terms and conditions. If Customer does not reject or object in writing to Company within 10 days, Company's counteroffer will be deemed accepted. Customers acceptance of the Work by Company will in any event constitute an acceptance by Customer of Company's terms and conditions. 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 such revisions, this Agreement shall be cancelled without any liability, other than Customers obligation to pay for Work rendered by Company to the date of cancellation. 2. Pricing and Taxes. Unless otherwise noted, the price in the Proposal includes standard ground transportation and, if required by law, all sales, consumer, use and similar taxes legally enacted as of the date hereof for equipment and material installed by Company. Tax exemption is contingent upon Customer furnishing appropriate certificates evidencing Customers tax exempt status. Company shall charge Customer additional costs for bonds agreed to be provided. Equipment sold on an uninstalled basis and any taxable labodlabour do not include sales tax and taxes will be added. Following acceptance without addition of any other terms and condition of sale or any other modification by Customer, the prices stated are firm provided that notification of release for immediate production and shipment is received at the factory not later than 3 months from order receipt If such release is received later than 3 months from order receipt date, prices will be increased a straight 1% (not compounded) for each one-month period (or part thereof) beyond the 3 month firm price period up to the date of receipt of such release. If such release is not received within 6 months after dale of order receipt, the prices are subject to renegotiation, or at Company's option, the order will be cancelled. Any delay in shipment caused by Customers actions will subject prices to increase equal to the percentage increase in list prices during that period of delay and Company may charge Customer with incurred storage fees. 3. Exclusions from Work. Company's obligation is limited to the Work as defined and does not include any modifications to the Work site under the Americans With Disabilities Act or any other law or building code(s). In no event shall Company be required to perform work Company reasonably believes is outside of the defined Work without a written change order signed by Customer and Company. 4. Performance. Company shall perform the Work in accordance with industry standards generally applicable in the area under similar circumstances as of the time Company performs the Work Company may refuse to perform any Work where working conditions could endanger properly or put at risk the safety of persons. Unless otherwise agreed to by Customer and Company, at Customers expense and before the Work begins. Customer will provide any necessary access platforms, catwalks to safely perform the Work in compliance with OSHA or state Industrial safety regulations. S. Payment. Customer shall pay Company's invoices within net 30 days of Invoice date. Company may invoice Customer for all equipment of material furnished. whether delivered to the installation site or to an off-site storage facility and for all Work performed on-site or off-site. No retention shall be withheld from any payments except as expressly agreed in writing by Company, in which case retention shall be reduced per the contract documents and released no later than the date of substantial completion. Under no circumstances shall any retention be withheld for the equipment portion of the order. If payment is not received as required, Company may suspend performance and the time for completion shall be extended for a reasonable period of lime not less than the Period of suspension. Customer shall be liable to Company for all reasonable shutdown, standby and start-up costs as a result of the suspension. Company reserves the night to add to any account outstanding for more than 30 days a service charge equal to 1.5% of the principal amount due at the end of each month. Customer shall pay all costs (including attorneys' fees) incurred by Company in attempting to collect amounts due and otherwise enforcing these terms and conditions. If requested, Company will provide appropriate lien waivers upon receipt of payment. Customer agrees that, unless Customer makes payment in advance, Company will have a purchase money security interest in all equipment from Company to secure payment in full of all amounts due Company and its order for the equipment, together with these terms and conditions, form a security agreement. Customer shall keep the equipment free of all taxes and encumbrances, shall not remove the equipment from its original installation point and shall not assign or transfer any interest in the equipment until all payments due Company have been made. 6. Time for Completion. Except to the extent otherwise expressly agreed in writing signed by an authorized representative of Company, all dates provided by Company or its representatives for commencement, progress or completion are estimates only. While Company shall use commercially reasonable efforts to meet such estimated dates, Company shall not be responsible for any damages for its failure to do so. T. Access. Company and its subcontractors shall be provided access to the Work site dunng regular business hours, or such other hours as may be requested by Company and acceptable to the Work site' owner or tenant for the performance of the Work. including sufficient areas for staging, mobilization, and storage. Company's access to correct any emergency condition shall not be restricted. 8. Completion. Notwithstanding any other term or condition herein, when Company informs Customer that the Work has been completed, Customer shall inspect the Work in the presence of Companys representative, and Customer shall either (a) accept the Work In its entirety in writing, or (b) accept the Work in part and specifically identify, in writing, any exception items. Customer agrees to re -Inspect any and all excepted items as soon as Company informs Customer that all such excepted Items have been completed. The initial acceptance inspection shall take place within ten (10) days from the date when Company informs Customer that the Work has been completed. Any subsequent re -Inspection of excepted items shall take place within five (5) days from the date when Company informs Customer that the excepted items have been completed. Customers failure to cooperate and complete any of said inspections within the required time limits shall constitute complete acceptance of the Work as of ten (10) days from date when Company informs Customer that the Work, or the excepted items, if applicable, has/have been completed. 9. Permits and Governmental Fees. Company shall secure (with Customers assistance) and pay for building and other permits and governmental fees. licenses. and Inspections necessary for proper performance and completion of the Work which are legally required when bids from Company's subcontractors are received, negotiations thereon concluded, or the effective date of a relevant Change Order, whichever is later. Customer Is responsible for necessary approvals, easements, assessments and charges for construction, use or occupancy of permanent structures or for permanent changes to existing facilities. If the cost of such permits, fees, licenses and inspections are not included in the Proposal, Company will invoice Customer for such costs. 10. Utilities During Construction. Customer shall provide without charge to Company all water, heat, and utilities required for performance of the Work. 11. Concealed or Unknown Conditions. In the performance of the Work, if Company encounters conditions at the Work site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those Indicated on drawings expressly Incorporated herein or (ii) unknown physical conditions of an unusual nature that differ materially from those conditions ordinarily found to exist and generally recognized as inherent in construction activities of the type and character as the Work, Company shall nofify Customer of such conditions promptly, prior to significantly disturbing same. If such conditions differ materially and cause an increase in Company's cost of, or time required for, performance of any part of the Work, Company shall be entitled to, and Customer shall consent by Change Order to, an equitable adjustment in the Contract Price, contract lime, or both. 12. Pre -Existing Conditions. Company is not liable for any claims, damages, losses, or expenses, arising from or related to conditions that existed in, on, or upon the Work site before the Commencement Date of this Agreement ("Pre -Existing Conditions"), Including, without limitation, damages, losses, or expenses involving Pre -Existing Conditions of building envelope issues, mechanical Issues, plumbing Issues, and/or indoor air quality Issues involving mold/mould and/or ©2012 Trane All rights reserved Page 3 of 5 Confidential and Proprietary Information of Trane U.S. Inc. Proposal Number: AM TRWE fungi. Company also Is not liable for any claims, damages, losses, or expenses, arising from or related to work done by or services provided by individuals or entities that are not employed by or hired by Company. 13. Asbestos and Hazardous Materials. Company's Work and other services in connection with this Agreement expressly excludes any identification, abatement, cleanup, control, disposal, removal or other work connected with asbestos, polychlonnated biphenyl ("PCB"), or other hazardous materials (hereinafter, collectively, "Hazardous Materials"). Customer warrants and represents that, except as set forth in a writing signed by Company, there are no Hazardous Materials on the Work site that will in any way affect Company's Work and Customer has disclosed to Company the existence and location of any Hazardous Materials in all areas within which Company will be performing the Work. 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 exclusively responsible for taking any and all action necessary to correct the condition in accordance with all applicable laws and regulations. Customer shall be exclusively responsible for and, to the fullest extent permitted by law, shall indemnity and hold harmless Company (including Its employees, agents and subcontractors) from and against any loss, claim, liability, fees, penalties, injury (including death) or liability of any nature, and the payment thereof arising out of or relating to any Hazardous Materials on or about the Work site, not brought onto the Work site by Company. Company shall be required to resume performance of the Work in the affected area only in the absence of Hazardous Materials or when the affected area has been rendered harmless. In no event shall Company be obligated to transport or handle Hazardous Materials, provide any notices to any governmental agency, or examine the Work site for the presence of Hazardous Materials, 14. Force Majeure. Company's duty to perform under this Agreement is contingent upon the non-occurrence 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 (1) remain in effect but Company's obligations shall be suspended unfit the uncontrollable event terminates or (it) be terminated upon 10 days notice to Customer, In which event Customer shall pay Company for all parts of the Work 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 foregoing, "Event of Force Majeure" includes: acts of God: acts of terrorism, war or the public enemy; flood; earthquake; tornado; storm; fire: civil disobedience; pandemic insurrections; riots; labodlabour disputes; labor/labour or material shortages; sabotage; restraint by court order or public authority (whether valid or Invalid), and action or non -action by or Inability to obtain or keep in force the necessary governmental authodzations, permits, licenses, certificates or approvals If not caused by Company; and the requirements of any applicable government in any manner that diverts either the material or the finished product to the direct or indirect benefit of the government. 15. Customer's Breach. Each of the following events or conditions shall constitute a breach by Customer and shall give Company the right, without an election of remedies. to terminate this Agreement or suspend performance by delivery of written notes declaring termination, upon which event Customer shall be liable to Company for all Work furnished to date and all damages sustained by Company (Including lost profit and overhead): (1) Any failure by Customer to pay amounts when due; 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 termination of Customer or the liquidation of its assets, or if a trustee. receiver, or similar person is appointed over any of the assets or interests of Customer, (3) Any representation or warranty furnished by Customer in this Agreement is false or misleading in any material respect when made; or (4) Any failure by Customer to perform or comply with any material provision of this Agreement. 16. Indemnity. To the fullest extent permitted by law, Company and Customer shall Indemnify, defend and hold harmless each other from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys' fees, resulting from death or bodily injury or damage to real or tangible personal property, to the extent caused by the negligence or misconduct of their respective employees or other 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 extent attributable to the acts or omissions of the other party. If the parties are both at fault, the obligation to indemnify shall be proportional to their relative fault. The duty to Indemnify will continue in full force and effect, notwithstanding the expiration or early termination hereof, with respect to any claims based on facts or conditions that occurred prior to expiration or termination. 17. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT CONSEQUENTIAL, OR PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION BUSINESS INTERRUPTION, LOST DATA, LOST REVENUE, LOST PROFITS, LOST DOLLAR SAVINGS, OR LOST ENERGY USE SAVINGS, EVEN IF A PARTY HAS BEEN ADVISED OF SUCH POSSIBLE DAMAGES OR IF SAME WERE REASONABLY FORESEEABLE AND REGARDLESS OF WHETHER THE CAUSE OF ACTION IS FRAMED IN CONTRACT, NEGLIGENCE, ANY OTHER TORT, WARRANTY, STRICT LIABILITY, OR PRODUCT LIABILITY). In no event will Company's liability in connection with the provision of products or services or otherwise under this Agreement exceed the entire amount paid to Company by Customer under this Agreement. 18. Patent Indemnity. Company shall protect and indemnify Customer from and against all claims, damages, judgments and loss adsing from infringement or alleged infringement of any United States patent by any of the goods manufactured by Company and delivered hereunder, provided that in the event of suit or threat of suit for patent infringement, Company shall promptly be notified and given full opportunity to negotiate a settlement. Company does not warrant against Infringement by reason of Customer's design of the articles or the use thereof in combination with other materials or In the operation of any process. In the event of litigation, Customer agrees to reasonably cooperate with Company. In connection with any proceeding under the provisions of this Section, all parties concerned shall be entitled to be represented by counsel at their own expense. 19. Limited Warranty. Company warrants for a period of 12 months from the date of substantial completion ("Warranty Period") equipment manufactured by Company against failure due to defects in material and manufacture and that the labor/labour furnished is warranted to have been property performed (the "Limited Warranty'). Product manufactured by Company that Includes required startup and is sold in North America will not be warranted by Company unless Company performs the product start-up. Substantial completion shall be the eariier of the date that the Work is sufficiently complete so that the Work can be utilized for its intended use or the date that Customer receives beneficial use of the Work. If such defect is discovered within the Warranty Penod. Company will correct the defect or furnish replacement equipment (or, at its option, parts therefor) and. if said equipment was installed pursuant hereto, labor/labour associated with the replacement of pans or equipment not conforming to this Limited Warranty. Defects must be reported to Company within the Warranty Period. Exclusions from this Limited Warranty include damage or failure arising from: wear and tear; corrosion, erosion, deterioration; Customer's failure to follow the Company -provided maintenance plan; refrigerant not supplied by Trans; and modifications made by others to Company's equipment. Company shall not be obligated to pay for the cost of lost refrigerant. Notwithstanding the foregoing, all warranties provided herein terminate upon termination or cancellation of this Agreement. No warranty liability whatsoever shall attach to Company until the Work has been paid for in full and then said liability shall be limited to the lesser of Companys cost to correct the defective Work and/or the purchase price of the equipment shown to be defective. Equipment, material and/or parts that are not manufactured by Company are not warranted by Company and have such warranties as may be extended by the respective manufacturer. Trane equipment said on an uninstalled basis is warranted in accordance with Company's standard warranty for supplied equipment THE WARRANTY AND LIABILITY SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, WHETHER IN CONTRACT OR IN NEGLIGENCE, EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE. COMPANY MAKES NO REPRESENTATION OR WARRANTY EXPRESS OR IMPLIED REGARDING PREVENTION BY THE WORK, OR ANY COMPONENT THEREOF, OF MOLD/MOULD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR ANY OTHER CONTAMINATES. COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY IF THE WORK OR ANY COMPONENT THEREOF IS USED TO PREVENT OR INHIBIT THE GROWTH OF SUCH MATERIALS. 20. Insurance. Company agrees to maintain the following insurance while the Work is being performed 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 CSL Workers Compensation Statutory Limits © 2012 Trane All rights reserved Page 4 of 5 Confidential and Proprietary Information of Trane U.S. Inc. Proposal Number: Aph TRME BuilAinn Sarvicec If Customer has requested to be named as an additional Insured under Company's Insurance policy, Company will do so but only subject to Company's manuscript additional insured endorsement under its primary Commercial General Liability policies. In no event does Company waive Its right of subrogation. 21. Commencement of Statutory Limitation Period. Except as to warranty claims, as may be applicable, any applicable statutes of limitation for acts or failures to act shall commence to run, and any alleged cause of action stemming therefrom shall be deemed to have accrued, In any and all events not later than the last dale that Company or its subcontractors physically performed work on the project site. 22. General. Except as provided below, to the maximum 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 Work is performed, without regard to choice of law principles which might otherwise call for the application ore different state's or province's law. Any dispute arising under or relating to this Agreement that Is not disposed of by agreement shall be decided by litigation in a court of competent jurisdiction located in the state or province in which the Work is performed. Any action or suit arising out of or related to this Agreement must be commenced within one year after the cause of action has accrued. To the extent the Work site is owned and/or operated by any agency of the Federal Government, determination of any substantive Issue of law shall be according to the Federal common law of Government contracts as enunciated and applied by Federal judicial bodies and boards of contract appeals of the Federal Government, This Agreement contains all of the agreements, representations and understandings of the parties and supersedes all previous understandings, commitments or agreements, oral or written, related to the subject matter hereof. This Agreement may not be amended, modified or terminated except by a writing signed by the parties hereto. 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 the 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, or its right. title or interest herein, without the written consent of the Company. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of Customers permitted successors and assigns. This Agreement may be executed in several counterparts, each of which when executed shall be deemed 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. 23. Equal Employment Opportunity/Affirmative Action Clause. Company is a federal contractor that complies fully with Executive Order 11246, as amended, and the applicable regulations contained in 41 C.F.R. Pans 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 Executive Order 13496 and Section 29 CFR 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. 24. U.S. Government Work. The following provision applies only to direct sales by Company to the US Government The Parties acknowledge that all items or services ordered and delivered under this Agreement are Commercial Items as defined under Part 12 of the Federal Acquisition Regulation (FAR). In particular, Company agrees to be bound only by those Federal contracting clauses that apply to "commercial" suppliers and that are contained in FAR 52.212-5(eH1). Company complies with 52.219-8 or 52.219-9 in its service and installation contracting business. The following provision applies only to indirect sales by Company to the US Government As a Commercial Item Subcontractor, Company accepts only the following mandatory flow down provisions: 52.219-8; 52.222-26; 52.222-35; 52.222-36; 52.222-39; 52.247-64. If the Work is in connection with a U.S. Government contract, Customer certifies that it has provided and will provide current. accurate, and complete information, representations and certifications to all government officials, including but not limited to the contracting 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 performance. Anything herein notwithstanding. Company will have no obligations to Customer unless and until Customer provides Company with a true, correct and complete executed copy of the prime contract. Upon request, Customer will provide copies to Company of all requested written communications with any government official related to the prime contract prior to or concurrent with the execution thereof, including but not limited to any communications related to Customers ownership, eligibility or performance of the prime contract. Customer will obtain written authorization and approval from Company prior to providing any government official any Information about Company's performance of the work that Is the subject of the Proposal or this Agreement, other than the Proposal or this Agreement. NOTICE: Company is restricted from receiving funds appropriated or otherwise made available under U.S Public Laws 110-161,111.8, and 111.117. 25. Limited Waiver of Sovereign Immunity. If Customer is an Indian tribe (in the U.S.) or a First Nation or Band Council (in Canada), Customer, whether acting in its capacity as a government, governmental entity, a duly organized corporate entity or otherwise, 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 furnishing by Company of any product or service under this Agreement, whether such Action 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 stale in which Company is performing this Agreement or (b) if Customer is in Canada. in the superior court of the province or territory in which the work was performed; (3) expressly consents 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 against Company in tribal court, and that Customer will not avail itself of any ruling or direction of the tribal court permitting or directing it to suspend its payment or other obligations under this Agreement. The individual signing on behalf of Customer warrants and represents that such individual is duly authorized to 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. 1-26.251-10(1213) Supersedes 1-26.251-10(1013) © 2012 Trane All rights reserved Page 5 of 5 Confidential and Proprietary Information of Trane U.S. Inc. Mid — State Mechanical of Vero Beach, Inc. HEATING, AIR—CONDITIONING & VENTILATION INDUSTRIAL & LARGE COMMERCIAL May 9, 2016 City of Sebastian 1225 Main Street Sebastian FL 32958 Attn: James Testa itesta cityofsebastian.ora We are quoting on replacing the existing Trane package unit serving the Assembly Chamber Buildings. Scope of work: • New proposed unit Trane Model OHD150G3ROAwith 18 -kw of heat • New SEMCO fresh air preconditioner model FVT-2000 • Condenser, evaporator, and HGRH factory coil coasting • Engineered adapter curt to existing curb • Hoisting and crane service • Ductwork modifications as necessary • Disconnect and reconnect to existing electrical service • Anchoring new adapter curb to existing curb • Start-up of new system • 1 -year Warranty parts and labor & 5 -year compressor warranty parts only .• Permit fee's Not Included: • Reconnecting Trane controls to new unit • Mechanical drawings; if required for permit • New vibration curb assembly; reusing existing curb Base Quote $ 65,955.00 Sincerely, 10Z ,4 � Robert Fields, President Mid -State Mechanical 3825 71st Street • Vero Beach, Florida 32967 Tel (772) 567-3102 • Fax (772) 778-8548 • email: sales@midstatemech.com Contact Supplier Form I U.S. rnmmunities Page 1 of 2 About News & Events Resources Contact Us PRODUCTS&SO1.U`rIONS CONT'RAC-I'DOCUAI LNTS SHOP REG•'STER LOGIN 11111111• > Con tart SI "Plidr Fnrm Thank you for registering! 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Equipment 5arvlcl1 ind 5alullulf ❑Kone EIPVater Malrur+arrce lyd SrlNGes ❑ Premler oLLarrna,,W 6:aI, Nadal Equ.Wnerr:. su"fies and pisnlbumn Frogram ❑ Ricoh / Savin / Lanier Iduaduntlo.a Dentes L M1!ar.,d Frint Se—Ir. ❑SupplyWorks )a ti!or WI Euy�llc El Trans 11'11C i1w ,1 Im!aPadNl and S 111, http://www.uscommunities. org/forms/registrationlresponse-pages/contact-supplier-form/?r... 6/15/2016 ------------------------------------- CITY OF SEBASTIAN ATTN: ADMINISTRATIVE SERVICES 1225 MAIN STREET SEBASTIAN, FL 32958 Mail Invoices In Duplicate To Above Address Vendor Trane U.S. Inc. 3600 Pammel Creek Road La Crosse, WI 54601 Purchase order 00007767-00 FY 2016 The Above Purchase order Number Must Appear on All correspondence - Packing sheets And Bills of Lading sition Page 1 ship To CITY OF SEBASTIAN ATTN: ADMINISTRATIVE SERVICES 1225 MAIN STREET SEBASTIAN, FL 32958 Date Ivendor (Date ISh'ip I ordered ]Number IReauired IVia (Terms Department LN Description Account Unit Qty unit Pr1Ce Net PrlCe 001 EACH 1.00 32247.00000 32247.00 Turnkey Installation of HVAC Equipment as proposed in Proposal # 1815628, dated May 24, 2016 (For city Council chambers)As approved by City Council on June 8, 2016. Po Total 32247.00 General Ledger Summary Section Account Amount 010056-606400 32247.00 ,J Chief Procuremen officer BY ACCEPTING THIS ORDER SELLER AGREES TO THE FOLLOWING TERMS AND CONDITIONS 1. ACCEPTANCE OF PURCHASE ORDER. A Purchase Order is given for immediate acceptance by the Seller. Unless promptly notified to the contrary, the City will assume the Seller accepts the order as written and will make delivery as specified on the document. 2. ENTIRE AGREEIVIENT. All specifications, drawings and data submitted to the Seller with this order or the solicitation of this order are hereby incorporated herein and made part hereof. This contract contains the entire agreement of the parties. No change in quantities, prices, specifications, terms, or shipping instructions will be allowed except on written authority of the City Purchasing Department. Any additional or different terms and conditions proposed by the Seiler are objected to and hereby rejected unless specifically agreed to by the City. 3. IDEMNIFICATION. The Seller hereby agrees to Indemnify, save and held harmless the City from all claims, demands, liabilities and suits of any nature whatsoever arising out of, because of, or due to the breach of the Agreement by the Seller, its agents or employees, or due to any act of occurrence of omission or commission of the Seller, its agents or employees. it is specifically understood and agreed that this indemnification agreement does not cover or indemnify the City for Its own negligence or breach of contract. 4. MODIFICATION. The City may by written Order make changes in the specifications, if such changes cause an increase or decrease in the Seller's cost or in the time required for performance of Contract: (a) the Seller shall promptly notify the City and assert its claim for adjustment within fifteen (15) calendar days and (b) an -equitable adjustment shall be made by the City and the Contract modified accordingly. Nothing in this clause shall excuse the Seller from performing. S. DEFAULT. Time Is of the essence of this contract and if delivery of acceptable items or rendering of services Is not completed by the time promised, the City reserves the right without liability, in addition to Its other rights and remedies to terminate this contract by notice effective when received by the Seller, as to stated items not yet shipped or services not yet rendered, and to purchase substitute items or services elsewhere and charge the Seiler with any and all losses incurred. 6. TRANSPORTATION CHARGES. Transportation expenses for all shipments shall be prepaid to destination. Shipments sent C.O.D. or freight collect without the City's written consent will not be accepted and will at Seller's risk and expense be returned to Seller. No charges will be allowed by the City for transportation, packing, cartage or container's unless otherwise authorized in the Purchase Order. 7. UNAVOIDABLE DELAY. If the Seller is delayed in the delivery of goods purchased under the Purchase Order by a cause beyond its control, Seller must immediately upon receiving knowledge of such delay, give written notice to the City and request a reasonable extension of time. The City shall examine the request and determine if the Seller is entitled to an extension. S. QUANTITY. Quantities furnished in excess of those specified in the Purchase Order will not be accepted and will be held at Seller's risk and expense. 9. INSPECTION. Materials or equipment purchased are subject to inspection and approval at the City's destination. The City reserves the right to reject and refuse acceptance of items which are not in accordance with instructions, specifications, drawings, or data of Seller's warranty, (express or implied). Rejected materials or equipment shall be removed by, or at the expense, of the Seller promptly after rejection. 10. WARRANTY. The Seller warrants that all goods and services furnished hereunder will conform in all respects to the terms and this order, including any drawings, specifications, or standards incorporated herein, and that they will be free from latent and patent defects in materials, workmanship and title and will be free from such defects in design: in addition, Seller warrants that said goods and services are suitable for, and will perform in accordance with, the purpose for which they are purchased, fabricated, manufactured and designed for such other purposes as expressly specified in this order. The City may return any nonconforming or defective items to the Seller or require correction or replacement of the item all the time the defect is discovered, all at the Seller's risk and expense. Acceptance shall not relieve the Seller of its responsibility. 11. REGULATORY COMPLIANCE. Seller represents and warrants that the goads or services furnished hereunder (including all labels, packages, and container for said goods) comply with all applicable standards, rules and regulations in effect under the requirements of all Federal, State and local laws, rules and regulations as applicable, including the Occupational Safety and Health Act as amended with respect to design, construction, manufacture or use for their intended purpose of said goods or services. Seller shall furnish "Material Safety Data Sheets" incompliance with the Florida Right To Know Law, Florida Statute Chapter 442. 12. ROYALTIES AND PATENTS. Seller shall pay all royalties and license fees. Seller shall defend all suits and claims for infringement of any patent copyright or trademark rights and shall hold the City harmless from loss an account thereof. 13. INSURANCE. The Seller shall maintain insurance as specified or as otherwise required by the city. 14. PAYMENT. Payments will be made within 30 days of the terms of the face of this order, or the Seller's invoice, whichever are more favorable to the City and payment date therefore shall be calculated from the receipt of invoice or final acceptance of the goods, whichever is later. 15. IDENTIFICATION. Invoices In duplicate with prices set out and giving the correct Purchase Order Number must be sent to the address shown an the face of this order otherwise payment of Seller's account may be delayed. The Purchase Order Number shall appear an all invoices, boxes, packages, shipping documents and correspondence, and the list of contents shall be, enclosed in each box or package. 16. TERMINATION. Buyer may, at any time, terminate this order In whole or in part by written or telegraphic notice or verbal notice confirmed in writing. Upon termination for convenience of the Buyer: the Buyer will assume responsibility for specific contractual or scheduled financial commitments made prior to notice of termination. Any and all services, property, publications, or materials provided during or resulting from the Contract shall become the property of the Buyer. If, however, termination is occasioned by the Seller's breach or any condition hereof, Including breach of warranty, or by Seller's delay, except due to circumstances beyond the Sellers control and without Seller's fault or negligence. Seller shall not be entitled to any claim or costs or to any profit and Buyer shall have against Seller ail remedies provided by law and equity. 17. TAXES. The City is exempt from state and local taxes. Exemptions number is printed on the reverse side hereof. This Order shall serve as the exemption certificate. 18. LAW GOVERNING. This contract shall be governed by and construed according to the laws of the State of Florida. CITY OF SEBASTIAN ATTN: ADMINISTRATIVE SERVICES 1225 MAIN STREET SEBASTIAN, FL 32958 Mail Invoices In Duplicate To Purchase Order 00007767-00 FY 2016 The Above Purchase Order Number Must Appear on All Correspondence - Packing sheets And Bills Of Lading Above Address I Page 1 __________---------------- _---------- ________________=====________------ vendor ship To Trane U.S. Inc. CITY OF SEBASTIAN 3600 Pammel creek Road ATTN: ADMINISTRATIVE SERVICES 1225 MAIN STREET La Crosse, WI SEBASTIAN, FL 54601 32958 Requisition 00004623 Date (vendor (bate --ship I- I Ordered (Number IRequired Ivia ITerms IDepartment 06/15]16 1203054 I I CITY MANAGER LN Description Account unit Qty unit Price Net Price 001 EACH 1.00 32247.00000 32247.00 Turnkey Installation of HVAC Equipment as proposed in Proposal # 1815628, dated May 24, 2016 (For city council Chambers)As approved by City Council on June 8, 2016. Po Total 32247.00 = General Ledger Summary Section Account Amount 010056-606400 32247.00 chief Procurement officer Engineered Cooling Services Building Efficiency and Sustainability A Service Logic Company TO: City of Sebastian PROJECT: 1225 Main Street Sebastian, FL 32958 LOCATION: ATTN: Jim Romanek PHONE: 772-388-8231 EMAIL: jromanek@cityofsabastian.org Service Proposal Replace 12'/2 -ton Unit Main Street PROPOSALNO.: Q-07-2016-95707 DATE: July 7, 2016 JOB NO: THANK YOU FOR THE OPPORTUNITY OF PROVIDING YOU WITH THIS PROPOSAL Engineered Cooling Services is pleased to propose the following: Scope of Service: • Advise customer of arrival • Isolate and remove one (1) 12 Y2 -ton package unit • Dispose of old unit as per EPA guidelines • Install one (1) new custom curb adapter- will be field measured for proper fit • Install one (1) new Trane 12 %-ton package unit- meets current units specifications • Supply and install one (1) new ERV system • Tie system into existing controls • Unit includes factory installed VFD for a single VAV system • Start and check complete operation of unit "This price includes equipment, crane, permit and engineering to provide a turn key project Price: $ 51,400 Terms: 1. Work to be performed during normal hours of operation Monday thru Friday, overtime premiums excluded 2. Proposal is for specified work only. 3. Proposal is subject to revision if not accepted within 30 days of receipt. 4. Proposal is subject to the attached Terms and Conditions. 5. Payment terms are Net 30. SUBMITTED BY: BY: WESLEY P. BAILEY TITLE: GENERAL MANAGER -CFL PHONE: 407-852-9342 ACCEPTED: 1" PENSACOLA, FL • TALLAHASSEE, FL • ORLANDO, FL • MOBILE, AL • MONTGOMERY, AL. BIRMINGHAM, AL FL CMC39591 / AL 42653 / MS 15829 -SC / GA CN210182 Page 1 of 2 Engineered Cooling Services I Terms and Conditions 1. OFFER AND ACCEPTANCE: Company offers to sell the materials, equipment and services Indicated in strict accordance with the terms and conditions stated herein. Submittal of a Purchase Order or execution of this offer by Client, or allowing Companyto commence work shall be deemed an acceptance of this offer, which offer and acceptance shall constitute a legally enforceable contract between Client and Company. Any additional or differing terms and conditions contained an Client's Purchase Order (whether or not such terms materially alterthis offer) are hereby rejected by Company and shall not become part of the contract between Client and Company unless expressly consented to in writing by Company. This offer is subject to acceptance within 30 days after date and is based on all work being performed during regular working hours. 2. TERMS: Terms of Payment for goods shipped and/or services rendered hereunder shall be NET or RECEIPT of INVOICE. Company reserves the right to add to any account outstanding more than thirty (30) days a change of one and one-half (1-1/2%) percent of the principal amount due at the end of each thirty (30) day period. 3. INVOICING: Company reserves the right to issue partial or complete INVOICES as material is furnished and as services are rendered. 4. PERFORMANCE: Company shall not be liable for failure to ship or delays in delivery of equipment or performance of services hereunder where such failure or delay is due to the disapproval of the Company's Credit Department, or due to strikes, fires, accidents, national emergency, failure to secure materials from the usual sources of supply, or any other circumstance beyond the control of the Company, whether of the class of causes enumerated above or not, which shall prevent Company from making deliveries or performing services in the usual course of business. In the event of the disapproval of the Company's Credit Department or the occurrence of any of the above, Company may, at Its sole option, cancel Client's Purchase Order without the liability on the part of the Company. Alternatively, Company may extend the time for its performance by a period equal to the duration of the cause underlying Company's failure or delay. Receipt of the equipment or services by Client upon Its delivery shall constitute a waiver of all claims for delay. S. WARRANTY: Company guarantees service work and all materials of Company manufacture against defects in workmanship and material for 90 days from date of completion of the work and will repair or replace F.O.B. point of manufacture or shipment such products or components as Company finds defective. This warranty does not Include the cost of labor to remove or reinstall any defective components, nor does this warranty include cost of handling, shipping or transportation Involved in supplying replacements for defective components. This warranty does not Include the replacement of refrigerant lost from the system after completion of the work. On machinery and materials furnished by Company, but manufactured by others, Company will emend the same guarantee it receives from the manufacturer. THIS WARRANTY AND LIABILITY SET FORTH ABOVE ARE IN LIEU OF ALL OTHER WARRANTIES AND UABILMES, EXPRESS OR IMPLIED, IN LAW OR IN ACT, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE WARRANTIES CONTAINED HEREIN SET FORTH CLIENT'S SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF A DEFECT IN WORKMANSHIP OR MATERIALS. 6. PATENTS: If there is bought against the Client any suit or proceeding based on a claim that an apparatus, or any part thereof, furnished under this contract constitutes an infringement of any patent of the United States, Company, if notified promptly In writing and given authority, Information and assistance by the Client for the defense of same, will defend same and pay all expenses and costs which may be awarded therein against the Client. In the event that the Client has complied with the conditions just stated and the apparatus, or any part thereof, is held to constitute Infringements and its use in enjoined. Company, in lieu of all other liability except as above stated, will, at its own expense, either procure for the Client the right to continue using said apparatus, or replace same with non -infringing apparatus, or modify it so it becomes non -infringing, or remove said apparatus and refund the purchase price thereof, but Company's liability shall in no case exceed the purchase price of said infringing apparatus. 7. LIMITATION OF LIABIUTY: All claims, causes of action or legal proceedings against Company arising from Company's performance under this contract must be commenced by Client within the express warranty period specified under Paragraph 6 hereof. Failure to commence any such claim, cause of action or legal proceeding within such period shall constitute a voluntary and knowing waiver thereof by Client. IN NO EVENT SHALL COMPANY'S LIABILITY FOR DIRECT OR OF ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, WARRANTY, TORT OR STRICT LIABILITY 8. DELIVERY: Shipping dates are approximate only. No shipping date requested or specified by Client will be binding on Company unless such request or specification Is specifically agreed to in writing by an officer of Company. Shipment shall be F.O.B. factory, with title passing to Client upon delivery to the carrier by Company. 9. CANCELLATION: Company reserves the right to collect cancellation charges (including but not limited to all costs and expenses Incurred, plus reasonable overhead and profit against any canceled order). 10. DISPUTES AND CHOICES OF LAWS: This contractshail be deemed to have been entered into and shall be governed bythe laws ofthe State of Florida. All claims, disputes and controversies arising out of or relating to this contract, or the breach thereof, shall, in lieu of court action, be submitted to arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and any judgment upon the award rendered by the arbit ator(s) may be entered in any court having jurisdiction thereof. The site of the arbitration shall be Pensacola, FL, unless another site is mutually agreed between the parties. The parties agree that any part of the arbitration shall be entitled to discovery of the other party as provided by the Federal Rule of Civil Procedure; provided, however, that any such discovery shall be completed within four (4) months from the date the Demand for Arbitration is filed with the American Arbitration Association. 11. COST TO COMPANY: In the event it becomes necessary for Company to Incur any costs or expenses in the collection of monies due Company from Client, or to enforce any of Its rights or privileges hereunder, Client, upon demand shall reimburse Company for all such costs and expenses (includin& but not limited to, reasonable attorney's fees). 12. ENTIRE AGREEMENT: These terms and conditions, and the matter set forth on the face of Company's offer to sell, constitute the entire agreement between Company and Client. No course of dealings or performance, or prior, concurrent or subsequent understandings, agreements of representations become part of this contract unless expressly agreed to in writing by an authorized representative of Company. 13. ASSIGNMENT: Client shall not assign this contract or any Interest therein without the prior written consent of Company. Any actual or attempted assignment without Company's consent shall entitle Company, at Its sole option, to cancel this contract and, in such event; Company shall be entitled to payment for all work performed and materials furnished to the date of cancellation, as well as reasonable compensation for lost Income and profits. By signing the below line, you are confining that you have read and understand this paragraph and that you agree to the Terms and Conditions listed above. Signature: Date: PENSACOLA, FL . TALLAHASSEE, FL . ORLANDO, FL . MOBILE, AL . MONTGOMERY, ALI, BIRMINGHAM, AL FL CMC39591 / AL 42653 / MS 15829 -SC / GA CN210182 Page 2 of 2 MANE' Submittal 1W Date: July 25, 2016 Job Name: City of Sebastian RTU's 1225 Main Street SEBASTIAN, FL 32958 Trane U.S. Inc. is pleased to provide the enclosed submittal for your review and approval. Product Summary Qty Product 1 Packaged Cooling Rooftop Units The attached information describes the equipment we propose furnish for this project, and is submitted for your approval. Pete McDonough Trane 2301 Lucien Way, Suite 430 Maitland, FL 32751 Phone: (407) 660-1111 Fax: (407) 660-0303 J. IJOBS143112216512IRTU submittal.doc Table Of Contents ProductSummary ...........................................................................................................................1 Packaged Cooling Rooftop Units (Item Al) .................................................................................3 TagData.................................................................................................................................................. 3 ProductData............................................................................................................................................ 4 PerformanceData.................................................................................................................................... 4 Mechanical Specifications........................................................................................................................ 6 UnitDimensions....................................................................................................................................... 8 Weight, Clearance & Rigging Diagram................................................................................................... 10 Accessory.............................................................................................................................................. 11 Field Installed Options - Part/Order Number Summary ............................................................13 Packaged Cooling Rooftop Units........................................................................................................... 13 City of Sebastian RTU's July 25, 2016 Taa Data - Packaged Coolina Rooftop Units (Qtv: 1) Item Tag(s) Qty I Description Model Number Al CH RTU -1 11 1 12 1/2-25 Ton Packaged Unitary Cooling R THD150F3RGB--03B5D0011300000000000 0000000 FLD = Furnished by Trane U. S. Inc. / Installed by Equipment Submittal Page 3 of 13 Others City of Sebastian RTU's July 25, 2016 Product Data - Packaged Cooling Rooftop Units Item: Al Qty: 1 Tag(s): CH RTU -1 DX cooling High efficiency Downflow 12.5 Ton 208-230/6013 Reliatel 18kW Electric heat High Efficiency Belt Drive Standard panels/Pleated Filters Mery 8 CompleteCoat® with hail guard Through the base access Trane communication interface Dehumidification -hot gas reheat Curb adapter Voyager (Fld) Motorized outside damper 0-50% (Fld) Temperature sensor (Fld) Humidity duct mounted sensor (Fld) 1st Year Labor warranty Performance Data - Packaged Cooling Rooftop Units Tags CH RTU -1 Design Airflow (cfm) 4000 Cooling Entering Dry Bulb F 76.95 Cooling Entering Wet Bulb F 65.27 Ent Air Rel Humidity % 53.83 Ambient Tem F 91.00 Cooling Leaving Unit DB F 57.69 Cooling LDB with Reheat F 78.72 Cooling Leaving Unit WB F 53.90 Gross Total Capacity MBh) 141.63 Gross Sensible Capacity MBh) 90.52 Gross Latent Capacity MBh) 51.11 Net Total Capacity MBh) 135.99 Net Sensible Capacity MBh) 84.88 Net Sensible Heat Ratio Number 0.62 Net Sensible Heat Ratio w/Reheat Number -0.37 Heating LAT F 14.15 Heating Temp Rise F 14.15 Output Htg Capacity MBh 61.47 Output Htg Capacity w/Fan MBh 67.11 Design ESP in H2O 1.000 Electric Heat Static Press Add in H2O 0.030 Component SP Add in H2O 0.030 Field Supplied Drive Kit Required High Static Drive Kit Indoor Mtr. Operating Power(bhp) 1.79 Indoor RPM (rpm) 669 Indoor Motor Power kW 1.33 Outdoor Motor Power kW 1.19 Compressor Power kW 9.04 System Power kW 11.56 IPLV @ AHRI IPLV 12.6 MCA A 61.00 MOP A 80.00 MCA 230 w/ Elec Heat A 69.00 MOP 230 w/Elec Heat A 80.00 Compressor 1 RLA A 22.40 FLD = Furnished by Trane U.S. Inc. /Installed by Equipment Submittal Page 4 of 93 Others Citv of Sebastian RTU's Tags CH RTU -1 Compressor 2 RLA A 14.50 Condenser Fan FLA A 3.20 Evaporator Fan FLA A 10.60 Electric Heat FLA A 63.60 Electric Heat FLA 230 V A 73.30 Evaporator Face Area (sq ft 26.00 Evaporator Face Velocity ft/min 154 Evaporator Fin Spacing Per Foot 180 Evaporator Rows 3 Min. Unit Operating Weight Ib 1921.0 Max Unit Operating Weight Ib 2323.0 Fan Motor Heat MBh 5.64 Evap Coil Leav Air Tem DB F 56.00 Evap Coil Leav Air Tem WB F 53.20 Evap Coil Leav Air Tem DB F 56.00 Evap Coil Leav Air Tem WB F 53.20 Reheat Temp Rise F 22.72 Reheat Capacity MBh) 98.60 Dew Point Tem F 51.13 Dew Point Tem F 51.13 Leaving Air Humidity Ratio Ib/Ib 0 Mixed Air Humidity Ratio Ib/lb 0 Moisture Removal Rate h 5.78 Leaving Unit Rel. Humid w/Reheat % 38.16 Rated capacity AHRI) (MBh) 140.00 Exhaust fan power kW 0.56 Refrig charge HFC -410A - ckt 1 Ib 9.2 Refrig charge HFC -410A - ckt 2 Ib 6.9 ASHRAE 90.1 Yes Saturated Suction Temp Circuit 1 F 45.38 Saturated Discharge Temp Circuit 1 F 110.43 Saturated Suction Temp Circuit 2 F 45.53 Saturated Discharge Ternp Circuit 2 F 110.02 IEER Rating 12.60 EER @ AHRI Conditions EER 12.1 Total Static Pressure in H2O 1.060 .July 25, 2016 FLD = Furnished by Trane U.S. Inc. /Installed by Equipment Submittal Page 5 of 13 Others City of Sebastian RTU's .July 25, 2016 Mechanical Specifications - Packaged Cooling Rooftop Units Item: Al Qty: 1 Tag(s): CH RTU -1 General (R -410A) The units shall be dedicated downflow or horizontal airflow. The operating range shall be between 115F and OF in cooling as standard from the factory for all units. Cooling performance shall be rated in accordance with AHRI testing procedures. All units shall be factory assembled, internally wired, fully charged with R -410A, and 100 percent run tested to check cooling operation, fan and blower rotation and control sequence, before leaving the factory. Wiring internal to the unit shall be colored and numbered for simplified identification. Units shall be UL listed and labeled, classified in accordance to UL 19951C 22. 2, 236-05 3rd Edition. Casing (R -410A) Unit casing shall be constructed of zinc coated, heavy gauge, galvanized steel. Exterior surfaces shall be cleaned, phosphatized, and finished with a weather -resistant baked enamel finish. Unit's surface shall be tested 672 hours in a salt spray test in compliance with ASTM B117. Cabinet construction shall allow for all maintenance on one side of the unit. In order to ensure a water and airtight seal, service panels shall have lifting handles and no more than three screws to remove. All exposed vertical panels and top covers in the indoor air section shall be insulated with a 1/2", 1 pound density foil -faced, fire-resistant, permanent, odorless, glass fiber material. The base of the downflow unit shall be insulated with 1/2", 1 pound density foil -faced, closed -cell material. The downflow unit's base pan shall have no penetrations within the perimeter of the curb other than the raised 1 1/8" high supply/return openings to provide an added water integrity precaution, if the condensate drain backs up. The base of the unit shall have provisions for forklift and crane lifting. Unit Top (R -410A) The top cover shall be one piece, or where seams exist, double hemmed and gasket sealed to prevent water leakage. Filters (R -410A) Two inch standard filters shall be factory supplied on all units. Optional two inch pleated media filters shall be available. Compressors (R -410A) All units shall have direct -drive, hermetic, scroll type compressors with centrifugal type oil pumps. Motor shall be suction gas-cooled and shall have a voltage utilization range of plus or minus 10 percent of nameplate voltage. Internal overloads shall be provided with the scroll compressors. All models shall have crankcase heaters, phase monitors and low and high pressure control as standard. Crankcase Heaters (R -410A) These band heaters provide improved compressor reliability by warming the oil to prevent migration during off -cycles or low ambient conditions. These are standard on all Voyager models. Refrigerant Circuits (R -410A) Each refrigerant circuit shall have independent fixed orifice or thermostatic expansion devices, service pressure ports, and refrigerant line filter driers factory installed as standard. An area shall be provided for replacement suction line driers. High Pressure Cutout (R -410A) This option is offered for units that do not have High Pressure cutout as standard. Evaporator and Condenser Coils Microchannel coils will be burst tested by the manufacturer. Internally finned, 5/166 copper tubes mechanically bonded to a configured aluminum plate fin shall be tandard for evaporator coils. Microchannel condenser coils shall be standard on all units. Coils shall be leak tested to ensure the pressure integrity. The evaporator coil and condenser coil shall be leak tested to 225 psig and pressure tested to 450 psig. Sloped condensate drain pans are standard. Outdoor Fans (R -410A) FLD = Furnished by Trane U.S. Inc. /Installed by Equipment Submittal Page 6 of 13 Others City of Sebastian RTU's .July 25, 2016 The outdoor fan shall be direct -drive, statically and dynamically balanced, draw -through in the vertical discharge position. The fan motor(s) shall be permanently lubricated and shall have built-in thermal overload protection. Indoor Fan (R -410A) Units above shall have belt driven, FC centrifugal fans with adjustable motor sheaves. Units with standard motors shall have an adjustable idler -arm assembly for quick -adjustment of fan belts and motor sheaves. All motors shall be thermally protected. Oversized motors shall be available for high static application. All indoor fan motors meet the U.S. Energy Policy Act of 9992 (EPACT). Controls (R -410A) Unit shall be completely factory wired with necessary controls and contactor pressure lugs or terminal block for power wiring. Unit shall provide an external location for mounting a fused disconnect device. ReliaTel controls shall be provided for all 24 volt control functions. The resident control algorithms shall make all heating, cooling, and/or ventilating decisions in response to electronic signals from sensors measuring indoor and outdoor temperatures. The control algorithm maintains accurate temperature control, minimizes drift from set point, and provides better building comfort. A centralized control shall provide anti -short cycle timing and time delay between compressors to provide a higher level of machine protection. Discharge Line Thermostat (R410A) A bi-metal element discharge line thermostat is installed as a standard option on the discharge line of each system. This standard option provides extra protection to the compressors against high discharge temperatures in case of loss of charge, extremely high ambient and other conditions which could drive the discharge temperature higher. Discharge line thermostat is wired in series with high pressure control. When the discharge temperature rises above the protection limit, the bi-metal disc in the thermostat switches to the off position, opening the 24 VAC circuit. When the temperature on the discharge line cools down, the bi-metal disc closes the contactor circuit, providing power to the compressor. When the thermostat opens the fourth time, the ReliaTel control must be manually reset to resume operation on that stage. FIOPS - Through the Base Utilities Access (R -410A) An electrical service entrance shall be provided allowing electrical access for both control and main power connections inside the curb and through the base of the unit. Option will allow for field installation of liquid -tight conduit and an external field installed disconnect switch. FIOPS - Tool -less Hail Guards (R -410A) Tool -less, hail protection quality coil guards are available for condenser coil protection. FIOPS - 2" Pleated Filters (R -410A) 2" pleated media filters shall be available on all models. FIOPS - Electric Heaters (R -410A) Electric heat modules shall be available for installation within the basic unit. Electric heater elements shall be constructed of heavy-duty nickel chromium elements internally delta connected for 240 volt, wye connected for 480 and 600 volt. Staging shall be achieved through ReliaTel. Each heater package shall have automatically reset high limit control operating through heating element contactors. All heaters shall be individually fused from the factory, where required, and shall meet all NEC and CEC requirements when properly installed. Power assemblies shall provide single -point connection. Electric heat modules shall be UL listed or CSA certified. If ordering the Through the Base Electrical option with an Electric Heater, the heater must be factory installed. 922 RT-PRCO28-EN Accessory - Motorized Outside Air Dampers (R -410A) Manually set outdoor air dampers shall provide up to 50 percent outside air. Once set, outdoor air dampers shall open to set position when indoor fan starts. The damper shall close to the full closed position when indoor fan shuts down. RT-PRCO28-EN 923 FLD = Furnished by Trane U. S. Inc. / Installed by Equipment Submittal Page 7 of 13 Others City of Sebastian RTU's July 25, 2016 Unit Dimensions - Packaged Cooling Rooftop Units Item: Al Qty: 1 Tag(s): CH RTU -1 DOWNFLOW CONDENSATE DRAIN CONN 1" NPT - NOTES: 1. THRU -THE -BASE GAS AND ELECTRICAL IS NOT STANDARD ON ALL UNITS. (SELECTED OPTION: SEE ACCESSORY SHEET) 2. VERIFY WEIGHT, CONNECTION, AND ALL DIMENSION WITH INSTALLER DOCUMENTS BEFORE INSTALLATION 26 314' 3211116" �- 12111/16" 815/16""'� 84 3116" 211116' PACKAGED COOLING - DOWNFLOW ISOMETRIC DRAWING 4 114" 19 15116' 28 3/4" 26 7116' -- --� r--- ---� I I I I 4114'J I 1 ( I I 1 1 1 I t i I I I 1 I I I I 1 I I I I I I t I I I t I I I 1 6811116" 1 1 765/16- I 1 SUPPLY 1 RETURN I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I PACKAGED COOLING - DOWNFLOW PLAN VIEW DRAWING 7/8" DIA. HOLE (UNIT CONTROL WIRE) 2" DIA. HOLE (UNIT POWER WIRE) FLD = Furnished by Trane U.S. Inc. / Installed by Equipment Submittal Page 8 of 13 Others City of Sebastian RTU's July 25, 2016 Unit Dimensions - Packaged Cooling Rooftop Units Item: Al Qty: 1 Tag(s): CH RTU -1 ELECTRICAL / GENERAL DATA GENERAL Standard Motor (1) (a)(a) Model (Tons): THD150G (12.5) Unit Operating Voltage Range: '187-253 Minimum Circuit Ampacity: '67.0 Unit Primary Voltage: 208 Maximum Fuse Size: 80.0 Unit Secondary Voltage: 230 Maximum (HACR) Circuit Breaker. 80.0 Unit Hertz 60 Unit Phase: 3 Standard Oversized Motor {1)(3)(5} Accessory Oversized Motor (e) '12.1 Minimum Circuit Ampacity. Minimum Circuit Ampacity. ' EER: Maximum Fuse Size: Maximum Fuse Size: Maximum (HACR) Circuit Breaker. Maximum (HACR) Circuit Breaker. HEATER Standard Motor with Heat (1) (a) Rating - kW '13.5118.0 Standard Oversized Motor with Heat (�} (5) Accessory Oversized Motor with Heat Stage Minimum Circuit Arnpacity. 1 68.0169.0 Minimum Circuit Ampacity: - Minimum Circuit Ampacity: ' Maximum Fuse Size: 80.0180.0 Maximum Fuse Size: Maximum Fuse Size: Maximum (HACR) Circuit Breaker. 80.0180.0 Maximum (HACR) Circuit Breaker. Maximum (HACR) Circuit Breaker: COMPRESSOR OUTDOOR MOTOR Circuits) Number: 2 Number: 2 Horsepower. 0.5 Horsepower. 5.6 Motor speed (RPM): Phase: 3 Phase: Full Load Amps: 1 3.2 Rated Load Amps: 22.4122.4 Locked Rotor Amps: 8.8 Locked Rotor Amps: 149.0/149.0 INDOOR MOTOR Standard Motor (3) (a) Standard Oversized Motor (3) (5) Accessory Oversized Motor (3) (5) Number. '1 Number. Number: Horsepower. 3.0 Horsepower: Horsepower: Motor Speed (RPM): _ Motor Speed (RPM): Motor Speed (RPM): Phase: 3 Phase: Phase: Full Load Amps: 10.6 Full Load Amps: Full Load Amps: Locked Rotor Amps: 81.0 Locked Rotor Amps: locked Rotor Amps: POWER EXHAUST ACCESSORY FILTERS REFRIGERANT (Z) (Field Installed Power Exhaust) Circuit #1 / 2 Horsepower. Type Throwaway Type: 'R-410 Motor Speed (RPM): Furnished: Yes Factory Charge Phase: Number: 414 Circuit #112: 9.2 lb 16.9 Ib Full Load Amps: Recommended Size: 20"x20")X / 20"x25"x2" Locked Rotor Amps: NOTES: 1. Maximum (HACR) Circuit Breaker sizing is for installations in the United States only. 2. Refrigerant charge is an approximate value. For a more precise value, see unit nameplate and service instructions. 3. Value does not include Heater. 4. Value include Standard Motor. 5. Value include Oversized Motor 6. EER is rated at AHRI conditions and in accordance with DOE test procedures. FLD = Furnished by Trane U.S. Inc. / Installed by Equipment Submittal Page 9 of 93 Others City of Sebastian RTIJ's July 25, 2016 Weight, Clearance 8 Rigging Diagram - Packaged Cooling Rooftop Units Item: Al Qty: 1 Tag(s): CH RTU -1 LN Base Unit and Corner Weights only Base unit weights Caner Weights Cwterof Gravity SHIPPING NET OA OB © OD E 11 F 2451.011,2000.0Ib 62 It, 522.0 Itt 362.0Ib 458.010 56' 38' 1. At weights are approximate. 2. The actual weight are listed on the unit nameplate. 3. Refer to unit nameplate and Installaton guide for weights before scheduling transportation and Installation W unit 4. The weight shorn represents the typical unit operating weight for the configurafion selected.Fstimaledat./-10 %of the nameplate might.. 5. Verifyweight. connection, and all dimension with installer documents before installation. 6. Corner weights are given for information only. 7. Not/Shipping weight of optional accessories should be added to unit weight when ordering factory or field installed accessories. Installed Options Net Weight Data Accessory weight Economizer. Manual and Motorized Outside Alr Damper BOA la Power Exhaust Roof Curb Oversized Motor Hail Guard 43.0 lb Hinged Access Doors Power Cony. Outlet Through the Base Electrical Circuit &maker Disconnect Smoke Detector Nwar Zona Sensor H'ghuLpy Stack Orrie Kit High Efficiency Motor Healer 28.0 lb Stainless Steal Drain Pan VFD RIGGING AND CENTER OF GRAVf1Y nate. list refer to Installation guide. FLD = Fumished by Trane U.S. Inc. /Installed by Equipment Submittal Page 10 o7 13 Others City of Sebastian RTU's July 25, 2016 Accessory - Packaged Cooling Rooftop Units Item: Al Qty: 1 Tag(s): CH RTU -1 0 0 00 oa. 0o FLD = Furnished by Trane U.S. Inc. / Installed by Equipment Submittal Page i i of 13 Others City of Sebastian RTU's July 25, 2016 Accessory - Packaged Cooling Rooftop Units Item: Al Qty: 1 Tags): CH RTU -1 SENSOR-BAYSENS016 TEMPERATURE SENSOR FLD = Furnished by Trane U.S. Inc. /Installed by Equipment Submittal Page 12 of 13 Others City of Sebastian RTU's July 25, 2016 Field Installed Options - Part/Order Number Summary This is a report to help you locate field installed options that arrive at the jobsite. This report provides part or order numbers for each field installed option, and references it to a specific product tag. It is NOT intended as a bill of material for the 'ob. Product Family - Packaged Cooling Rooftop Units Item Tags Qty Description Model Number Al CH RTU -1 1 12 1/2-25 Ton Packaged Unitary THD150F3RGB--O Cooling R 3135D00113000000 000000000000 Field Installed Option Description Part/Ordering Number Motorized outside damper 0-50% BAYDMPR058A Curb adapter Voyager BAYQACB044A Temperature sensor BAYSENS016A Humidity duct mounted sensor BAYSENS037A FLD = Furnished by Trane U.S. Inc. /Installed by Equipment Submittal Page 13 of 13 Others CITY OF SEBASTIAN, FLORIDA 1225 Main Street Sebastian, FL 32958 ► Ph: 772-589-5537 Fax: 772-589-2566 E-Mail: city@cityofsebastian.org 16-002417 MECHANICAL PERMIT PERIIdITlINFORMATION 7 LOCATION''INFORMATION :�' Permit #: 16-002417 Issued:Address: 1225 MAIN ST Permit Type: MECHANICAL COMMERCIAL SEBASTIAN, FL Class of Work: MECHANICAL Township: Range: Proposed Use: COMMERCIAL Lot(s): Block: Section: Sq. Feet: Est. Value: Book: Page: Cost: 32,000.00 Total Fees: 436.20 Subdivision: SCHOOL PARK Amount Paid: 436.20 Date Paid: 7/2812016 Parcel Number: CONTRA N. '.INFORMATION.t 'F rt =' . OW ER Name: Name: CITY OF SEBASTIAN Addr: Address: 1225 MAIN ST SEBASTIAN, FL 32958-4165 Phone: Lic: Phone: - Work esc: CITY COUNCk CHAMBERS F APPLICATION: FEES z. ..... , .:: ;Ins ections: Re aired THIS PERMIT bh(;0MI=Z5 NULL AND VOID R- L;MS I KUL; I MN AUTHL)KIZED 1,1j NU I CL)MMENULL) WI I HINT- MONTHS FROM ISSUANCE, OR IF CONSTRUCTION IS SUSPENDED, OR ABANDONED FOR A PERIOD OF 6 MONTHS AT ANY TIME. THE CONTRACTOR HAS CERTIFIED BY SIGNATURE OF APPLICATION, THIS DOCUMENT AND PLANS AND SPECIFICATIONS ARE TRUE AND CORRECT. ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT. * NOTICE * IN ADDITION TO THE REQUIREMENTS OF THIS PERMIT, THERE MAY BE ADDITIONAL RESTRICTIONS APPLICABLE TO THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY, AND THERE MAY BE ADDITIONAL PERMITS REQUIRED FROM OTHER GOVERNMENTAL ENTITIES SUCH AS WATER MANAGEMENT DISTRIGIS, STATE AGENCIES. OR FEDERAI AGENCIES- ** WARNING TO OWNER ** YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTENDTO OBTAIN FINANCING, CONSULT YOUR LENDOR OR AN 6ETOF—COM THIS PERMIT IS APPROVED ON THIS DATE PURSUANT TO THE FLORIDA BUILDING, WAYNE, ESELTINE, Contractor or Authorized Agent Date INSPECTIONS SHALL BE REQUIRED FOR ALL PERMITS. Must not exceed I N.. I Ill M RQOFFQ A C CURB &MPTOR 16 Gauge galvanized metal -- all welded construction as mfg. by: SEA COAST CUSTOM CURBS, INC. NOTES: Rn1!rrMFN1 ••_`� sms ro CRAW UNn' - nrmin[n RP a Ym uno Aummrn cult" Wall sec tior) Li; DETAIL. NOT TO SON.F 1. All flange fasteners shalt be N 12.14 x I if" minbnum length, self -tapping sheet metal screws with hex heads, bright zinc plated Fasteners shall be Installed within 3" from the ends of each curb comer and at a maximum of 5^ o.c. around the entire perimeter of unit. The some fasteners and center -distance shall be used to anchor curb adaptor and A/C equipment. 2. No dimension for A, 0, D & Eshall exceed 20'0. 3. Fastener center distance for all flanges shall be the some as required on the longest flange. The ndnlmum fastener center distance based on the length of the longest flange shall be 59P.. Tills is for o 70 t 3 sec winnd logo load at a maximum rooftop height of 60'-0 4. As an alternate, i , 24 Go straps at 6" o.c. with 2 N I2-14 sheet metal screws to A/C unit and 2 p 12- .14 sheet metal screws to adaptor may he used to meet wind Inds. T 0 CRANE° Submittal Date: July 25, 2016 Job Name: City of Sebastian RTU's 1225 Main Street SEBASTIAN, FL 32958 Trane U.S. Inc. is pleased to provide the enclosed submittal for your review and approval. Product Summary Qty Product 1 Packaged Cooling Rooftop Units the attached information describes the equipment we propose furnish for this project, and is submitted for your approval. Pete McDonough Trane 2301 Lucien Way, Suite 430 Maitland, FL 32751 Phone: (407) 660-1111 Fax: (407) 660-0303 fi- .� 3Alc.'ii J:IJOBS1431122165121RTU submittal.doc Table Of Contents ProductSummary...........................................................................................................................1 Packaged Cooling Rooftop Units (Item Al) .................................................................................3 TagData.................................................................................................................................................. 3 ProductData............................................................................................................................................ 4 PerformanceData.................................................................................................................................... 4 MechanicalSpecifications ........................................................................................................................ 6 UnitDimensions....................................................................................................................................... 8 Weight, Clearance & Rigging Diagram................................................................................................... 10 Accessory.............................................................................................................................................. 11 Field Installed Options - Part/Order Number Summary............................................................13 Packaged Cooling Rooftop Units........................................................................................................... 13 City of Sebastian RTU's .July 25, 2016 Taa Data = Packaaed Coolina Rooftop Units (Qtv: 1) Item Tag(s) Oty Description Model Number Al CH RTU -1 1 12 1/2-25 Ton Packaged Unitary Cooling R THD 150F3RGB--03B5D001B00000000000 0000000 FLO = Furnished by Trane U.S. Inc. /Installed by Equipment Submittal Page 3 of 13 Others City of Sebastian RTU's July 25, 2016 Product Dhta - Packaged Cooling Rooftop Units Item: Al Qty: 1 Tag(s): CH RTU -1 DX cooling High efficiency Downflow 12.5 Ton 208-23016013 Reliatel 18kW Electric heat High Efficiency Belt Drive Standard panels/Pleated Filters Mery 8 CompleteCoat® with hail guard Through the base access Trane communication interface Dehumidification -hot gas reheat Curb adapter Voyager (Fid) Motorized outside damper 0-50% (Fld) Temperature sensor (Fid) Humidity duct mounted sensor (Fld) 1 st Year Labor warranty Performance Data - Packaged Cooling Rooftop Units Tags CH RTU -1 Design Airflow (cfm) 4000 Cooling Entering Dry Bulb F 76.95 Cooling Entering Wet Bulb F 65.27 Ent Air Rel Humidity % 53.83 Ambient Tem F 91.00 Cooling Leaving Unit DB F 57.69 Cooling LDB with Reheat F 78.72 Cooling Leaving Unit WB F 53.90 Gross Total Capacity MBh) 141.63 Gross Sensible Capacity MBh) 90.52 Gross Latent Capacity MBh 51.11 Net Total Capacity MBh) 135.99 Net Sensible Capacity MBh 84.88 Net Sensible Heat Ratio Number 0.62 Net Sensible Heat Ratio w/Reheat Number -0.37 Heating LAT F 14.15 Heating Temp Rise F 14.15 Output Htg Capacity MBh) 61.47 Output Htg Capacity w/Fan MBh 67.11 Design ESP in H2O 1.000 Electric Heat Static Press Add in H2O 0.030 Component SP Add in H2O 0.030 Field Supplied Drive Kit Required High Static Drive Kit Indoor Mtr. Operating Power(bhp) 1.79 Indoor RPM m 669 Indoor Motor Power kW 1.33 Outdoor Motor Power kW 1.19 Compressor Power kW 9.04 System Power kW 11.56 IPLV @ AHRI IPLV 12.6 MCA A 61.00 MOP A 80.00 MCA 230 w/ Elec Heat A 69.00 MOP 230 w/Elec Heat A 80.00 Compressor 1 RLA A 22.40 FLD = Furnished by Trane U. S. Inc. / Installed by Equipment Submittal Page 4 of 13 Others Citv of Sebastian RTU's Tags SCH RTU -1 Compressor 2 RLA A 14.50 Condenser Fan FLA A 3.20 Evaporator Fan FLA A 10.60 Electric Heat FLA A 63.60 Electric Heat FLA 230 V A 73.30 Evaporator Face Area (sq ft 26.00 Evaporator Face Velocity ft/min 154 Evaporator Fin Spacing Per Foot 180 Evaporator Rows 3 Min. Unit Operating Weight Ib 1921.0 Max Unit Operating Weight Ib 2323.0 Fan Motor Heat MBh 5.64 Evap Coil Leav Air Tem DB F 56.00 Evap Coil Leav Air Tem WB F 53.20 Evap Coil Leav Air Tem DB F 56.00 Evap Coil Leav Air Tem WB F 53.20 Reheat Temp Rise F 22.72 Reheat Capacity MBh) 98.60 Dew Point Tem F 51.13 Dew Point Tem F 51.13 Leaving Air Humidity Ratio lb/Ib 0 Mixed Air Humidity Ratio Ib/Ib 0 Moisture Removal Rate h 5.78 Leaving Unit Rel. Humid w/Reheat % 38.16 Rated capacity AHRI) (MBh) 140.00 Exhaust fan power kW 0.56 Refrig charge HFC -410A - ckt 1 Ib 9.2 Refrig charge HFC -410A - ckt 2 Ib 6.9 ASHRAE 90.1 Yes Saturated Suction Temp Circuit 1 F 45.38 Saturated Discharge Temp Circuit 1 F 110.43 Saturated Suction Temp Circuit 2 F 45.53 Saturated Discharge Temp Circuit 2 F 110.02 IEER Rating 12.60 EER @ AHRI Conditions EER 12.1 Total Static Pressure in H2O 1.060 July 25, 2016 FLD = Furnished by Trane U.S. Inc. /Installed by Equipment Submittal Page 5 of 13 Others City of Sebastian RTU's July 25, 2016 Mechanictil Specifications - Packaged Cooling Rooftop Units Item: Al Qty: 1 Tag(s): CH RTU -1 General (R -410A) The units shall be dedicated downflow or horizontal airflow. The operating range shall be between 115F and OF in cooling as standard from the factory for all units. Cooling performance shall be rated in accordance with AHRI testing procedures. All units shall be factory assembled, internally wired, fully charged with R -410A, and 100 percent run tested to check cooling operation, fan and blower rotation and control sequence, before leaving the factory. Wiring internal to the unit shall be colored and numbered for simplified identification. Units shall be UL listed and labeled, classified in accordance to UL 19951C 22.2, 236-05 3rd Edition. Casing (R -410A) Unit casing shall be constructed of zinc coated, heavy gauge, galvanized steel. Exterior surfaces shall be cleaned, phosphatized, and finished with a weather -resistant baked enamel finish. Unit's surface shall be tested 672 hours in a salt spray test in compliance with ASTM B917. Cabinet construction shall allow for all maintenance on one side of the unit. In order to ensure a water and air tight seal, service panels shall have lifting handles and no more than three screws to remove. All exposed vertical panels and top covers in the indoor air section shall be insulated with a 1/2", 1 pound density foil -faced, fire-resistant, permanent, odorless, glass fiber material. The base of the downflow unit shall be insulated with 112", 1 pound density foil -faced, closed -cell material. The downflow unit's base pan shall have no penetrations within the perimeter of the curb other than the raised 1 1/8" high supply/return openings to provide an added water integrity precaution, if the condensate drain backs up. The base of the unit shall have provisions for forklift and crane lifting. Unit Top (R -410A) The top cover shall be one piece, or where seams exist, double hemmed and gasket sealed to prevent water leakage. Filters (R -410A) Two inch standard filters shall be factory supplied on all units. Optional two inch pleated media filters shall be available. Compressors (R -410A) All units shall have direct -drive, hermetic, scroll type compressors with centrifugal type oil pumps. Motor shall be suction gas-cooled and shall have a voltage utilization range of plus or minus 10 percent of nameplate voltage. Internal overloads shall be provided with the scroll compressors. All models shall have crankcase heaters, phase monitors and low and high pressure control as standard. Crankcase Heaters (R-41 OA) These band heaters provide improved compressor reliability by warming the oil to prevent migration during off -cycles or low ambient conditions. These are standard on all Voyager models. Refrigerant Circuits (R -410A) Each refrigerant circuit shall have independent fixed orifice or thermostatic expansion devices, service pressure ports, and refrigerant line filter driers factory installed as standard. An area shall be provided for replacement suction line driers. High Pressure Cutout (R -410A) This option is offered for units that do not have High Pressure cutout as standard. Evaporator and Condenser Coils Microchannel coils will be burst tested by the manufacturer. Internally finned, 5/162, copper tubes mechanically bonded to a configured aluminum plate fin shall be tandard for evaporator coils. Microchannel condenser coils shall be standard on all units. Coils shall be leak tested to ensure the pressure integrity. The evaporator coil and condenser coil shall be leak tested to 225 psig and pressure tested to 450 psig. Sloped condensate drain pans are standard. Outdoor Fans (R -410A) FLD = Furnished by Trane U. S. Inc. / Installed by Equipment Submittal Page 6 of 13 Others City of Sebastian RTU's .July 25, 2016 The outdoor fan shall be direct -drive, statically and dynamically balanced, draw -through in the vertical discharge position. The fan motor(s) shall be permanently lubricated and shall have built-in thermal overload protection. Indoor Fan (R -410A) Units above shall have belt driven, FC centrifugal fans with adjustable motor sheaves. Units with standard motors shall have an adjustable idler -arm assembly for quick -adjustment of fan belts and motor sheaves. All motors shall be thermally protected. Oversized motors shall be available for high static application. All indoor fan motors meet the U.S. Energy Policy Act of 1992 (EPACT). Controls (R -410A) Unit shall be completely factory wired with necessary controls and contactor pressure lugs or terminal block for power wiring. Unit shall provide an external location for mounting a fused disconnect device. ReliaTel controls shall be provided for all 24 volt control functions. The resident control algorithms shall make all heating, cooling, and/or ventilating decisions in response to electronic signals from sensors measuring indoor and outdoor temperatures. The control algorithm maintains accurate temperature control, minimizes drift from set point, and provides better building comfort. A centralized control shall provide anti -short cycle timing and time delay between compressors to provide a higher level of machine protection. Discharge Line Thermostat (1141 OA) A bi-metal element discharge line thermostat is installed as a standard option on the discharge line of each system. This standard option provides extra protection to the compressors against high discharge temperatures in case of loss of charge, extremely high ambient and other conditions which could drive the discharge temperature higher. Discharge line thermostat is wired in series with high pressure control. When the discharge temperature rises above the protection limit, the bi-metal disc in the thermostat switches to the off position, opening the 24 VAC circuit. When the temperature on the discharge line cools down, the bi-metal disc closes the contactor circuit, providing power to the compressor. When the thermostat opens the fourth time, the ReliaTel control must be manually reset to resume operation on that stage. FIOPS - Through the Base Utilities Access (R -410A) An electrical service entrance shall be provided allowing electrical access for both control and main power connections inside the curb and through the base of the unit. Option will allow for field installation of liquid -tight conduit and an external field installed disconnect switch. FIOPS - Tool -less Hail Guards (R -410A) Tool -less, hail protection quality coil guards are available for condenser coil protection. FIOPS - 2" Pleated Filters (R -410A) 2" pleated media filters shall be available on all models. FIOPS - Electric Heaters (R -410A) Electric heat modules shall be available for installation within the basic unit. Electric heater elements shall be constructed of heavy-duty nickel chromium elements internally delta connected for 240 volt, wye connected for 480 and 600 volt. Staging shall be achieved through ReliaTel. Each heater package shall have automatically reset high limit control operating through heating element contactors. All heaters shall be individually fused from the factory, where required, and shall meet all NEC and CEC requirements when properly installed. Power assemblies shall provide single -point connection. Electric heat modules shall be UL listed or CSA certified. If ordering the Through the Base Electrical option with an Electric Heater, the heater must be factory installed. 122 RT-PRCO28-EN Accessory - Motorized Outside Air Dampers (R -410A) Manually set outdoor air dampers shall provide up to 50 percent outside air. Once set, outdoor air dampers shall open to set position when indoor fan starts. The damper shall close to the full closed position when indoor fan shuts down. RT-PRCO28-EN 123 FLD = Furnished by Trane U.S. Inc. / Installed by Equipment Submittal Page 7 of 13 Others City of Sebastian RTU's July 25, 2016 Unit Dimenisions - Packaged Cooling Rooftop Units Item: Al Qty: 1 Tag(s): CH RTU -1 DOWNFLOW CONDENSATE DRAIN CONN 1" NPT - NOTES: 1. THRU -THE -BASE GAS AND ELECTRICAL IS NOT STANDARD ON ALL UNITS. (SELECTED OPTION: SEE ACCESSORY SHEET) 2. VERIFY WEIGHT, CONNECTION, AND ALL DIMENSION WITH INSTALLER DOCUMENTS BEFORE INSTALLATION 26 3/4' •718" DIA. HOLE (UNIT CONTROL WIRE) 12111116" 3211116" �' 8 15116" 84 3/16" 2' DIA HOLE 2 11/16' (UNIT POWER WIRE) PACKAGED COOLING - DOWNFLOW ISOMETRIC DRAWING 4 1/4" 19 1511 6"= 28 314" =26 7116' r-- --� r--- ---1 I I I I 4 114" I I I I I { I I I I I I I I I I I t I 1 I I I I I I I I { 1 I { I I { 76 5N6" { 6811/16" RETURN I SUPPLY I I { I I I t I I I I I I { I I I I I I I I I 1 { { I I I I I L -------J I I PACKAGED COOLING - DOWNFLOW PLAN VIEW DRAWING FLD = Furnished by Trane U. S. Inc. / Installed by Equipment Submittal Page 8 of 13 Others City of Sebastian RTU's July 25, 2016 Unit Dimelnsions - Packaged Cooling Rooftop Units Item: Al Qty: 1 Tag(s): CH RTU -1 ELECTRICAL / GENERAL DATA GENERAL Standard Motor (j)(s) (a) Model (Torts): -rHD150G (12.5) Unit Operating Voltage Range: '187-253 Minimum Circuit Ampacity: '67.0 Unit Primary Voltage: 208 Maximum Fuse Size: 80.0 Unit Secondary Voltage: 230 Maximum (HACR) Circuit Breaker. 80.0 Unit Hertz 60 Unit Phase: 3 Standard Oversized Motor (�) (3) (5) Accessory Oversized Motor (�) Minimum Circuit Ampacity. Minimum Circuit Ampacity. ' EER: 12.1 Maximum Fuse Size: Maximum Fuse Size: Maximum (HACR) Circuit Breaker. Maximum (HACR) Circuit Breaker. HEATER Standard Motor with Heat (1) (a) Rating - kW '13.5/18.0 Standard Oversized Motor with Heat (�) (5} Accessory Oversized Motor with Heat uy Stage 1 Minimum Circuit Ampaclty. 88.0169.0 Minimum Circuit Ampacity: Minimum Circuit Ampacity. Maximum Fuse Rize: 80.0!80.0 Maximum Fuse Size: Maximum Fuse Size. Maximum {HACR} Circuit Breaker. 80.0180.0 (HACR) Maximum HACR Circuit Breaker. Maximum HACR Circuit Breaker. (HACR) COMPRESSOR OUTDOOR MOTOR Circuit(s) Number: '2 Number 2 Horsepower. 0.5 Horsepower. 5.8 Motor speed (RPM): Phi' 3 Phase: Full Load Amps: 1 3.2 Rated Load Amps: 22.422.4 Locked Rotor Amps: 8.8 Locked Rotor Amps: 149.01149.0 INDOOR MOTOR Standard Motor (3) (a) Standard Oversized Motor (3) (5j Accessory Oversized Motor (3) (5) Number. '1 Number. Number. Horsepower. 3.0 Horsepower. Horsepower. Motor Speed (RPM): - Motor Speed (RPM): Motor Speed (RPM): Phase: 3 Phase: Phase: Full Load Amps: 10.6 Full Load Amps: Full Load Amps: Locked Rotor Amps: 81.0 Locked Rotor Amps: Locked Rotor Amps: POWER EXHAUST ACCESSORY FILTERS REFRIGERANT (2) (Feld Installed Power Exhaust) Circuit ill ! 2 Horsepower: Type Throwaway Type: 'R410 Motor Speed (RPM): Furnished: Yes Factory Charge Phase: Full Load Amps: Number. 4/4 Recommended Size: 20"x20'x2' 120"x25"x2" Circuit #1 ! 2: 9.2 Ib / 6.9 Ib Locked Rotor Amps: NOTES: 1. Maximum (HACR) Circuit Breaker sizing is for installations in the United States only. 2. Refrigerant charge is an approximate value. For a more precise value, see unit nameplate and service instructions. 3. Value does not include Heater. 4. Value include Standard Motor. 5. Value Include Oversized Motor 6. EER is rated at AHRI conditions and in accordance with DOE test procedures. FLD = Furnished by Trane U.S. Inc. /Installed by Equipment Submittal Page 9 of 13 Others Weight, Clearance & Rigging Diagram - Packaged Cooling Rooftop Item: Al Qty: 1 Tag(s): CH RTU -1 LP Base Unit and Comer Weights only Baseunilweatith Comer Weights Centerat Gravity SHIPPING NErQ O © OD E F 2451.0 It, 2000.0 Is 030.0Ib 522.016 3820 1b 458.00 56' 36' 1. Al weights are approximate. 2. The actual might are listed on me unit nameplate. 3. Refer to unit nameplate and inslallanch guide for weights betas scheduling transportation and installation of unit 4. The weight shown represents the typical unit operating weight for the configuration selected. Estimated at H-10 % of the nameplate weight.. 5. Verify weight, connection, and all dimension AM Installer documents before installation. 6. Corner weights are given for Information only. 7. Net/Shipping weight of optional accessories should be added to unit weight when ordering factory or field Instilled accessories. Installed Options Net Weight Data Accessory Weight Economizer, Manual and Motorized OuWde Air Damper 00.01b Paver Exhaust Roof Curb Oversized Molar Hal Guard 43.01b Hinged Access Doors Power Cary. OWel Through me Base Electrical Ckwil Breaker Disconnect Smoke Detector Novar Zone Sensor Highl.ow Static Drive Kit High Efficiency Motor Heater 28.0 lb Stainless; Steel Drain Pan vFD RIGGING AND CENTER OF GRAVITY nor e. Ilst refer to Installation guide. FLO = Furnished by Trane U.S. Inc. /Installed by Equipment Submittal Page 10 of 13 Others City of Sebastian RTU's July 25, 2016 Accessory!- Packaged Cooling Rooftop Units Item: Al Qty: 1 Tag(s): CH RTU -1 00 N oa.20 FLD = Furnished by Trane U. S. Inc. / Installed by Equipment Submittal Page 11 of 13 Others City of Sebastian RTU's July 25, 2016 _ Accessory - Packaged Cooling Rooftop Units Item: Al Qty: 1 Tag(s): CH RTU -1 SENSOR-BAYSENS016 TEMPERATURE SENSOR FLD = Furnished by Trane U.S. Inc. / Installed by Equipment Submittal Page 12 of 13 Others City of Sebastian RTU's July 25, 2016 Field Installed Options - Part/Order Number Summary This is a report to help you locate field installed options that arrive at the jobsite. This report provides part or order numbers for each field installed option, and references it to a specific product tag. It is NOT intended as a bill of material for the 'ob. Product Family - Packaged Cooling Rooftop Units Item Tags Qty Description Model Number Al CH RTU -1 1 12 1/2-25 Ton Packaged Unitary THD150F3RGB--O Cooling R 3135D00113000000 000000000000 Field Installed Option Description Part/Orderin Number Motorized outside damper 0-50% BAYDMPR058A Curb adapter Voyager BAYQACB044A Temperature sensor BAYSENS016A Humidity duct mounted sensor BAYSENS037A FLD = Furnished by Trane U.S. Inc. / Installed by Equipment Submittal Page 93 of 13 Others crnCF HOME OF: PEUCANISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM Council Meeting Date: 08 June 2016 Agenda Item Title: A/C — Council Chambers Recommendation: Approve replacement of one (1) A/C unit for Council Chambers from Trane in the amount of $32,247. Background: The City of Sebastian has a maintenance contract with Trane that services City Hall and Police buildings. The A/C unit servicing the Council Chambers is in need of replacement due to expiration of its service life and numerous repair service calls. The City has a Service Agreement in place with Trane. As a `check,' Staff solicited another quote from a Trane dealer, Mid -State. If Agenda Item Requires Expenditure of Funds: Total Cost: $32,247.00 Amount Budgeted in Current FY: -0- Amount of Appropriation Required: $32,247 Fund to Be Utilized for Appropriation: Repair & Replacement Fund Administrative Services Department/CFO Review: l Attachments: 1. Trane Proposal 2. Mid -State Proposal City Manager Authorization: t Date: 27 May 2016 Trane Turnkey Proposa TRA ME Turnkey Proposal For: City of Sebastian Local Trane Office: Trane U.S. Inc. 2301 Lucien Way, Suite 430 Maitland, FL 32751 Local Trane Representative: Bob Powell Office: (407) 660-1111 Proposal ID: 1801040 Date: May 24, 2016 Palo rwwe "' rJZWE' Building Services TRANE TURNKEY PROPOSAL Executive Summary Trane is pleased to present a solution to help The City of Sebastian reach its performance goals and objectives. This proposed project will enhance your operation by helping you to optimize your resources, improve the comfort in your facility, and reduce energy costs. We appreciate the effort from The City of Sebastian to assist in the HVAC system analysis and business discussions. Because of your efforts, we were able to develop a proposal that offers Turnkey retrofit service solutions to your specific concerns, based on Trane system knowledge and application expertise. As your partner, Trane is committed to providing Turnkey retrofit services to help achieve a comfortable building environment for the people who occupy the building. For the people who own, manage and maintain the building, Trane is committed to providing reliable HVAC systems and products that improve performance. Some key features and benefits The City of Sebastian should expect from this project are highlighted below. • Trane Safety Procedures • Trane Project Management • Trane Factory Installation and Start-up Trane appreciates the opportunity to earn your business. This investment will provide The City with the capability to significantly reduce operating costs and improve comfort conditions in your facility. We look forward to partnering with The City of Sebastian for your Turnkey retrofits service needs. I will be contacting you soon to discuss the proposal and to schedule the next steps WE VALUE THE CONFIDENCE YOU HAVE PLACED IN TRANE AND LOOK FORWARD TO PARTNERING WITH YOU. Bob Powell Trane U.S. Inc. 14r01 4W Prepared For: The City of Sebastian Job Name: RTU Replacements Delivery Terms: Freight Allowed and Prepaid — F.O.B Factory Date: May 24, 2016 Proposal Number: 1815628 Payment Terms: Net 30 Proposal Number: MWE Building Services State Contractor License Number: Proposal Expiration Date: 30 Days Scope of Work "Scope of Work" and notations within are based on site surveys performed on 10/30/2014 Turnkey Installation of HVAC Equipment • Furnish and Install (1) New Trane Roof Top Units in place of existing Trane Roof Top Unit with complete coating for entire unit • Provide all labor to remove and replace equipment within the scope provided • Reconnect to existing electrical disconnects as needed • Reconnect to existing ductwork as needed • Reconnect New units to existing curbs • Coordinate the shutdown of the 1 unit to be replaced with The City • Provide factory startup of new units • Provide Crane and fees • Provide Permit and fees r'ror_ -s/Clarifications • Equipment Order Release and Services rendered are dependent on receipt of PO/Subcontract and credit approval • Trane will not perform any work if working conditions could endanger or put at risk the safety of our employees or subcontractors • Asbestos or hazardous material abatement removal shall be performed by customer Financial items not included • Bid Bond • Payment and Performance Bond • Liquidated or Consequential Damages • Demurrage or Storage Charges • Participation in OCIOP or CCIP Insurance Programs 02012 Trane All rights reserved Page 1 of 5 Confidential and Proprietary Information of Trane U.S. Inc. Proposal Number. MME 8m12�n�r Sewicas Pricing and Acceptance Price Total Turnkey Price for RTU 1 w/ ERV replacement is ......................... _..... ...... ...... S32,247.00 Pricing based on TCPN Contract# 150502 Respectfully submitted, Bob Powell Trane U.S. Inc. (407)660-1111 PTANCE This proposal is subject to Customer's acceptance of the attached Trane Terms and Conditions (Installation). We value the confidence you have placed in Trane and look forward to working with you. Submitted By: Bob Powell Cell: 321-514-9556 Office: (407) 660-1111 Proposal Date: September 23, 2014 TRANE ACCEPTANCE Trane U.S. Inc. CUSTOMER ACCEPTANCE Authorized Representative Authorized Representative Printed Name Printed Name Title Title Purchase Order Acceptance Date: Signature Date License Number: © 2012 Trane All rights reserved Page 2 of 5 Confidential and Proprietary Information of Trane U.S. Inc. Proposal Number. AM MINE TERMS AND CONDITIONS - INSTALLATION "Company" shall mean Trane U.S. Inc.. 1. Acceptance; Agreement. These terms and conditions are an Integral part of Company's offer and form the basis of any agreement (the "Agreement") resulting from Company's proposal (the "Proposal") for the goods and/or services described (the "Work"). COMPANY'S TERMS AND CONDITIONS ARE SUBJECT TO PERIODIC CHANGE OR AMENDMENT. 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 Proposal. If Customer accepts the Proposal by placing an order, without the addition of any other terms and conditions of sale or any other modification, Customers order shall be deemed acceptance of the Proposal subject to Company's terms and conditions. If Customers order is expressly conditioned upon Companys acceptance or assent to terms and/or conditions other than those expressed herein, return of such order by Company with Companys terms and conditions attached or referenced serves as Company's notice of objection to Customers terms and as Company's counteroffer to provide Work in accordance with the Proposal and the Company terms and conditions. If Customer does not reject or object In writing to Company within 10 days, Companys counteroffer will be deemed accepted. Customers acceptance of the Work by Company will in any event constitute an acceptance by Customer of Company's terms and conditions. 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 such revisions, this Agreement shall be cancelled without any liability, other than Customers obligation to pay for Work rendered by Company to the date of cancellation. 2. Pricing and Taxes. Unless otherwise noted. the price In the Proposal Includes standard ground transportation and, if required by law, all sales, consumer, use and similar taxes legally enacted as of the date hereof for equipment and material installed by Company. Tax exemption is contingent upon Customer furnishing appropriate certificates evidencing Customers tax exempt status. Company shall charge Customer additional costs for bonds agreed to be provided. Equipment sold on an uninstalled basis and any taxable labor/labour do not include sales tax and taxes will be added. Following acceptance without addition of any other terms and condition of sale or any other modification by Customer, the prices stated are firm provided that notification of release for immediate production and shipment is received at the factory not later than 3 months from order receipt If such release is received later than 3 months from order receipt date, prices will be Increased a straight 1% (not compounded) for each one-month period (or part thereof) beyond the 3 month firn price period up to the date of receipt of such release. If such release is not received within 6 months after date of order receipt, the prices are subject to renegotiation, or at Company's option, the order will be cancelled. Any delay in shipment caused by Customers actions will subject prices to increase equal to the percentage increase in list prices during that period of delay and Company may charge Customer with incurred storage fees. 3. Exclusions from Work. Company's obligation Is limited to the Work as defined and does not Include any modifications to the Work site under the Americans With Disabilities Act or any other law or building code(s). In no event shall Company be required to perform work Company reasonably believes is outside of the defined Work without a written change order signed by Customer and Company. 4. Performance. Company shall perform the Work in accordance with industry standards generally applicable in the area under similar circumstances as of the time Company performs the Work Company may refuse to perform any Work where working conditions could endanger property or put at risk the safely of persons. Unless otherwise agreed to by Customer and Company, at Customer's expense and before the Work begins, Customer will provide any necessary access platforms, catwalks to safely perform the Work In compliance with OSHA or state industrial safety regulations. 5. Payment. Customer shall pay Companys invoices within net 30 days of invoice date. Company may invoice Customer for all equipment or material furnished, whether delivered to the installation site or to an off-site storage facility and for all Work performed on-site or off-site. No retention shall be withheld from any payments except as expressly agreed in writing by Company, in which case retention shall be reduced per the contract documents and released no later than the date of substantial completion. Under no circumstances shall any retention be withheld for the equipment portion of the order. If payment is not received as required, Company may suspend performance and the time for completion shall be extended for a reasonable period of lime not less than the period of suspension. Customer shall be liable to Company for all reasonable shutdown, standby and start-up costs as a result of the suspension. Company reserves the right to add to any account outstanding for more than 30 days a service charge equal to 1.5% of the principal amount due at the end of each month. Customer shall pay all costs (including attorneys' fees) incurred by Company in attempting to collect amounts due and otherwise enforcing these terms and conditions. If requested, Company will provide appropriate lien waivers upon receipt of payment. Customer agrees that, unless Customer makes payment in advance, Company will have a purchase money security interest in all equipment from Company to secure payment in full of all amounts due Company and its order for the equipment, together with these terms and conditions, form a security agreement. Customer shall keep the equipment free of all taxes and encumbrances, shall not remove the equipment from Its original installation point and shall not assign or transfer any interest In the equipment unit] all payments due Company have been made. 6. Time for Completion. Except to the extent otherwise expressly agreed in writing signed by an authorized representative of Company, all dates provided by Company or its representatives for commencement, progress or completion are estimates only. While Company shall use commercially reasonable efforts to meet such estimated dates, Company shall not be responsible for any damages for its failure to do so. 7. Access. Company and its subcontractors shall be provided access to the Work site during regular business hours, or such other hours as may be requested by Company and acceptable to the Work site' owner or tenant for the performance of the Work, including sufficient areas for staging, mobilization, and storage. Company's access to correct any emergency condition shall not be restricted. 8. Completion. Notwithstanding any other term or condition herein, when Company informs Customer that the Work has been completed, Customer shall inspect the Work in the presence of Companys representative, and Customer shall either (a) accept the Work in its entirety in writing, or (b) accept the Work in part and specifically Identify, in writing, any exception items. Customer agrees to re -Inspect any and all excepted items as soon as Company Informs Customer that all such excepted Items have been completed. The Initial acceptance Inspection shall take place within ten (10) days from the date when Company informs Customer that the Work has been completed. Any subsequent re -inspection of excepted items shall take place within five (5) days from the date when Company informs Customer that the excepted items have been completed. Customers failure to cooperate and complete any of said inspections within the required time limits shall constitute complete acceptance of the Work as of ten (10) days from date when Company informs Customer that the Work, or the excepted items, if applicable, hasthave been completed. 9. Permits and Governmental Fees. Company shall secure (with Customers assistance) and pay for building and other permits and governmental fees, licenses, and Inspections necessary for proper performance and completion of the Work which are legally required when bids from Company's subcontractors are received, negotiations thereon concluded, or the effective date of a relevant Change Order, whichever is later. Customer is responsible for necessary approvals, easements, assessments and charges for construction, use or occupancy of permanent structures or for permanent changes to existing facilities. If the cost of such permits, fees, licenses and inspections are not included in the Proposal. Company will invoice Customer for such costs. 10. Utilities During Construction. Customer shall provide without charge to Company all water, heat, and utilities required for performance of the Work. 11. Concealed or Unknown Conditions. In the performance of the Work, if Company encounters conditions at the Work site that are (i) subsurface or otherwise concealed physical conditions that differ materially from those indicated on drawings expressly incorporated herein or (ii) unknown physical conditions of an unusual nature that differ materially from those conditions ordinarily found to exist and generally recognized as inherent In construction activities of the type and character as the Work, Company shall notify Customer of such conditions promptly, prior to significantly disturbing same. If such conditions differ materially and cause an increase in Company's cost of, or lime required for, performance of any part of the Work, Company shall be entitled to, and Customer shall consent by Change Order to, an equitable adjustment in the Contract Price, contract time, or both. 12. Pre -Existing Conditions. Company Is not liable for any claims, damages, losses, or expenses, arising from or related to conditions that existed in, on, or upon the Work site before the Commencement Date of this Agreement ("Pre -Existing Conditions"), including, without limitation, damages, losses, or expenses involving Pre -Existing Conditions of building envelope issues, mechanical issues, plumbing issues, and/or indoor air quality issues involving mold/mould and/or © 2012 Trane All rights reserved Page 3 of 5 Confidential and Proprietary Information of Trane U.S. Inc. Proposal Number. TJ ?ME B,,., _ 1—'1 fungi. Company also is not liable for any claims, damages, losses, or expenses, arising from or related to work done by or services provided by individuals or enfittes that are not employed by or hired by Company. 13. Asbestos and Hazardous Materials. Company's Work and other services in connection with this Agreement expressly excludes any identification, abatement. cleanup, control, disposal, removal or other work connected with asbestos, polychlorinated biphenyl ("PCB"), or other hazardous materials (hereinafter, collectively, "Hazardous Materials"). Customer warrants and represents that, except as set forth in a writing signed by Company, there are no Hazardous Materials on the Work site that will In any way affect Company's Work and Customer has disclosed to Company the existence and location of any Hazardous Materials in all areas within which Company will be performing the Work. 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 exclusively responsible for taking any and all action necessary to correct the condition in accordance with all applicable laws and regulations. Customer shall be exclusively responsible for and, to the fullest extent permitted by law, shall indemnify and hold harmless Company (including its employees, agents and subcontractors) from and against any loss, claim, liability, fees, penalties, injury (including death) or liability of any nature, and the payment thereof arising out of or relating to any Hazardous Materials on or about the Work site, not brought onto the Work site by Company. Company shall be required to resume performance of the Work in the affected area only in the absence of Hazardous Materials or when the affected area has been rendered harmless. In no event shall Company be obligated to transport or handle Hazardous Materials, provide any mfices to any governmental agency, or examine the Work site for the presence of Hazardous Materials. 14. Force Majeure. Company's duty to perform under this Agreement is contingent upon the non-occurrence 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 (1) remain in effect but Company's obligations shall be suspended until the uncontrollable event terminates or (11) be terminated upon 10 days notice to Customer, in which event Customer shall pay Company for all parts of the Work 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 foregoing, "Event of Force Majeure" includes: acts of God; acts of terrorism. war or the public enemy, flood; earthquake; tomado; storm: fire; civil disobedience; pandemic insurrections; riots; laborllabour disputes; laborllabour or material shortages; sabotage; restraint by court order or public authority (whether valid or Invalid), and action or non -action by or inability to obtain or keep in force the necessary governmental authorizations, permits, licenses, certificates or approvals if not caused by Company; and the requirements of any applicable government in any manner that diverts either the material or the finished product to the direct or indirect benefit of the government. 15. Customer's Breach. Each of the following events or conditions shall constitute a breach by Customer and shall give Company the right, without an election of remedies, to terminate this Agreement or suspend performance by delivery of written notice declaring termination, upon which event Customer shall be liable to Company for all Work furnished to date and all damages sustained by Company (including lost profit and overhead): (1) Any failure by Customer to pay amounts when due; 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 termination of Customer or the liquidation of its assets, or if a trustee, receiver, or similar person Is appointed over any of the assets or interests of Customer; (3) Any representation or warranty furnished by Customer in this Agreement is false or misleading In any material respect when made; or (4) Any failure by Customer to perform or comply with any material provision of this Agreement. 16. Indemnity. To the fullest extent permitted by law, Company and Customer shall Indemnify, defend and hold harmless each other from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys' fees, resulting from death or bodily Injury or damage to real or tangible personal property, to the extent caused by the negligence or misconduct of their respective employees or other 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 extent attributable to the acts or omissions of the other party. If the parties are both at fault, the obligation to indemnify shall be proportional to their relative fault. The duty to indemnify will continue in full force and effect, notwithstanding the expiration or early termination hereof, with respect to any claims based on facts or conditions that occurred prior to expiration or termination. 17. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT CONSEQUENTIAL, OR PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION BUSINESS INTERRUPTION, LOST DATA, LOST REVENUE, LOST PROFITS, LOST DOLLAR SAVINGS, OR LOST ENERGY USE SAVINGS, EVEN IF A PARTY HAS BEEN ADVISED OF SUCH POSSIBLE DAMAGES OR IF SAME WERE REASONABLY FORESEEABLE AND REGARDLESS OF WHETHER THE CAUSE OF ACTION IS FRAMED IN CONTRACT, NEGLIGENCE, ANY OTHER TORT, WARRANTY, STRICT LIABILITY, OR PRODUCT LIABILITY). In no event will Company's liability in connection with the provision of products or services or otherwise under this Agreement exceed the entire amount paid to Company by Customer under this Agreement 18. Patent Indemnity. Company shall protect and indemnify Customer from and against all claims, damages, judgments and loss arising from infringement or alleged infringement of any United States patent by any of the goods manufactured by Company and delivered hereunder, provided that in the event of suitor threat of suit for patent infringement, Company shall promptly be notified and given full opportunity to negotiate a settlement. Company does not warrant against Infringement by reason of Customers design of the articles or the use thereof in combination with other materials or in the operation of any process. In the event of litigation, Customer agrees to reasonably cooperate with Company. In connection with any proceeding under the provisions of this Section, all parties concerned shall be entitled to be represented by counsel at their own expense. 19. Limited Warranty. Company warrants for a period of 12 months from the date of substantial completion ("Warranty Period") equipment manufactured by Company against failure due to defects in material and manufacture and that the laboMabour furnished is warranted to have been property performed (the "Limited Warranty"). Product manufactured by Company that includes required startup and is sold in North America will not be warranted by Company unless Company performs the product start-up. Substantial completion shall be the earlier of the date that the Work Is sufficiently complete so that the Work can be utilized for its intended use or the date that Customer receives beneficial use of the Work. If such defect is discovered within the Warranty Period, Company will correct the defect or furnish replacement equipment (or, at its option, parts therefor) and. if said equipment was installed pursuant hereto, labor/labour associated with the replacement of parts or equipment not conforming to this Limited Warranty. Defects must be reported to Company within the Warranty Period. Exclusions from this Limited Warranty include damage or failure arising from: wear and tear; corrosion, erosion, deterioration; Customers failure to follow the Company -provided maintenance plan; refrigerant not supplied by Trans; and modifications made by others to Companys equipment. Company shall not be obligated to pay for the cost of lost refrigerant. Notwithstanding the foregoing, all warranties provided herein terminate upon termination or cancellation of this Agreement. No warranty liability whatsoever shall attach to Company until the Work has been paid for in full and then said liability shall be limited to the lesser of Company's cost to correct the defective Work and/or the purchase price of the equipment shown to be defective. Equipment, material and/or parts that are not manufactured by Company are not warranted by Company and have such warranties as may be extended by the respective manufacturer. Trane equipment sold on an uninstalled basis is warranted in accordance with Company's standard warranty for supplied equipment THE WARRANTY AND LIABILITY SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, WHETHER IN CONTRACT OR IN NEGLIGENCE, EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ANDIOR OTHERS ARISING FROM COURSE OF DEALING OR TRADE. COMPANY MAKES NO REPRESENTATION OR WARRANTY EXPRESS OR IMPLIED REGARDING PREVENTION BY THE WORK, OR ANY COMPONENT THEREOF, OF MOLD/MOULD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR ANY OTHER CONTAMINATES. COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY IF THE WORK OR ANY COMPONENT THEREOF IS USED TO PREVENT OR INHIBIT THE GROWTH OF SUCH MATERIALS. 20. Insurance. Company agrees to maintain the following insurance while the Work is being performed 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 CSL Workers Compensation Statutory Limits © 2012 Trane All rights reserved Page 4 of 5 Confidential and Proprietary Information of Trane U.S. Inc. Proposal Number. MIME Building Services If Customer has requested to be named as an additional insured under Company's insurance policy, Company will do so but only subject to Company's manuscript additional insured endorsement under its primary Commercial General Liability policies. In no event does Company waive its right of subrogation. 21. Commencement of Statutory Limitation Period. Except as to warranty claims, as may be applicable, any applicable statutes of limitation for acts or failures to act shall commence to run, and any alleged cause of action stemming therefrom shall be deemed to have accrued, in any and all events not later than the last date that Company or Its subcontractors physically performed work on the project site. 22. General. Except as provided below, to the maximum 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 Work is 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 shall be decided by litigation in a court of competent jurisdiction located In the state or province In which the Work is performed. Any action or suit arising out of or related to this Agreement must be commenced within one year after the cause of action has accrued. To the extent the Work site is owned and/or operated by any agency of the Federal Government, determination of any substantive issue of law shall be according to the Federal common law of Government contracts as enunciated and applied by Federal judicial bodies and boards of contract appeals of the Federal Government. This Agreement contains all of the agreements, representations and understandings of the parties and supersedes all previous understandings, commitments or agreements, oral or written, related to the subject matter hereof. This Agreement may not be amended, modified of terminated except by a writing signed by the parties hereto. 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 the 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, or its right, title or interest herein, without the written consent of the Company. Subject to the foregoing, this Agreement shall be binding upon and Inure to the benefit of Customers permitted successors and assigns. This Agreement may be executed in several counterparts, each of which when executed shall be deemed 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. 23. Equal Employment Opportunity/Affirmative Action Clause. Company is a 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 Executive Order 13496 and Section 29 CFR 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. 24. U.S. Government Work. The following provision applies only to direct sales by Company to the US Government The Parties acknowledge that all items or services ordered and delivered under this Agreement are Commercial Items as defined under Part 12 of the Federal Acquisition Regulation (FAR). In particular, Company agrees to be bound only by those Federal contracting clauses that apply to "commercial" suppliers and that are contained in FAR 52.212-5(eHt). Company complies with 52.219-8 or 52.219-9 in its service and installation contracting business. The following provision applies only to indirect sales by Company to the US Government. As a Commercial Item Subcontractor, Company accepts only the following mandatory Bow down provisions: 52.219-8; 52.222-26; 52.222-35; 52.222-36; 52.222-39; 52.247-64. If the Work is in connection with a U.S. Government contract, Customer certifies that it has provided and will provide current, accurate, and complete information, representations and certifications to all government officials, including but not limited to the contracting 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 performance. Anything herein notwithstanding, Company will have no obligations to Customer unless and until Customer provides Company with a true, correct and complete executed copy of the prime contract. Upon request, Customer will provide copies to Company of all requested written communications with any government official related to the prime contract prior to or concurrent with the execution thereof, including but not limited to any communications related to Customers ownership, eligibility or performance of the prime contract. Customer will obtain written authorization and approval from Company prior to providing any government official any information about Company's performance of the work that is the subject of the Proposal or this Agreement, other than the Proposal or this Agreement. NOTICE: Company is restricted from receiving funds appropriated or otherwise made available under U.S Public Laws 110-161,111-8, and 111.117. 25. Limited Waiver of Sovereign Immunity. If Customer is an Indian tribe (in the U.S.) or a First Nation or Band Council (in Canada), Customer, whether acting In its capacity as a government, governmental entity, a duly organized corporate entity or otherwise. 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 furnishing by Company of any product or service under this Agreement, whether such Action 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 slate 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 territory in which the work was performed; (3) expressly consents 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 Customers tubal court or any similar tribal forum, that Customer will not bring any action against Company in tribal court, and that Customer will not avail itself of any ruling or direction of the tribal court permitting or directing it to suspend its payment or other obligations under this Agreement. The individual signing on behalf of Customer warrants and represents that such Individual is duly authorized to 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 terns. 1-26.251-10(1213) Supersedes 1-26.251-10(1013) © 2012 Trane All rights reserved Page 5 of 5 Confidential and Proprietary Information of Trane U.S. Inc. Mid — State Mechanical of Vero Beach, Inc. BEATING, AIR—CONDITIONING & VENTILATION INDUSTRIAL A LARGE COMMERCIAL May 9, 2016 City of Sebastian 1225 Main Street Sebastian FL 32958 Attn: James Testa itesta(@citvofsebastian.org We are quoting on replacing the existing Trane package unitserving the Assembly Chamber Buildings. Scope of work: • New proposed unit Trane Model OHD1500110A with 18 -kw of heat • New SEMCO fresh air preconditioner model FVT-2000 • Condenser, evaporator, and HGRH factory coil coasting • Engineered adapter curt to existing curb • Hoisting and crane service • Ductwork modifications as necessary • Disconnect and reconnect to existing electrical service • Anchoring new adapter curb to existing curb • Start-up of new system • 1 -year Warranty parts and labor & 5 -year compressor warranty parts only .• Permit fee's Not Included: • Reconnecting Trane controls to new unit • Mechanical drawings; if required for permit • New vibration curb assembly; reusing existing curb Base Quote $ 65,955.00 Sincerely, Robert Fields, President Mid -State Mechanical 3825 71st Street • Vero Beach, Florida 32967 Tel (772) 567-3102 • Fax (772) 778-8548 • email: sales@midstatemech.com