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HomeMy WebLinkAboutTrane - AHU-2Quote ID:186620 ♦` �� T/?ANE i ` \\\ 2301 Lucien Way, Suite 430 Maitland, FL, 32751 Phone:4076601111 June 26,2023 CITY OF SEBASTIAN 1225 MAIN ST SEBASTIAN, FL, 32958 Project Name:AHU-2 Site Name:SEBASTIAN CITY HALL We are pleased to offeryou this proposal for performance of the following services for the Equipment listed. Services will be performed using Trane's Exclusive Service Procedure to ensure you get full benefit of our extensive service experience, coupled with the distinct technical expertise of an HVAC Equipment manufacturing leader. Our innovative procedure is environmentally and safety conscious, and aligns expectation of work scope while providing efficient and productive delivery of services. EcLu'Ipment List: _ Equipment 1 Model Number �AHLI-2 ICSAA012UALOO —�— _ Sertal Number—� —� KlBC24309 Scope of Service: Recover Refrigerant from Circuit 1, remove line set from in front of AHU, pull coil. Rig new coil onto rooftop using a eraneMg old roll down. Place new coil inside AHU secure and repipe line set. Leak check using nitrogen. Once no leaks are conflrmed, evacuate both curcuits to 500microns and charge with r410a. Note: Entire unit will be down for 3-4 days, temporary units should be placed in areas where cooling is needed. TotalPrice.:......................................................................:..................... $ 23,651.00 Clarifications 1. Applicable taxes are not Included and will be added to the -invoice. 2. Any service not listed is not included. 3. Work will be performed during normal Trans business hours unless stated 4. Travel time is not included unless stated I appreciate the opportunity to earn your business, and look forward to helping you with all of your service needs. Please contact me if you have any questions or concerns. Sincerely, Trevor Brewer Trans Service Technician trevor.brewer@Vane. rom This proposal is valid 30 days from June 26,2023. This agreement is subject to Customer's acceptance of the attached Trans USA Services Terms and Conditions. 02023 Trace All rights reserved Page 1 of 4 Trace Service Quote TERMS AND CONDITIONS - QUOTED SERVICE "Company" shall mean Trans U.S. Inc. for Company performance In the United States and Trans Canada ULC for Company performance In Canada. To obtain repair service within the scope of Services as defined, contact your local Trans District office identified on the first page of the Agreement by calling the telephone number stated on that page. That Trans District office Is responsible for Company's performance of this Agreement. Only Trans authorized personnel may perform service under this Agreement. For Service covered under this Agreement, Company will be responsible for the cost of transporting a part requiring service. 1. Agreement. These terms and conditions are an integral part of Company's offer and form the basis of any agreement (the'Agreemenl') resulting from Company's proposal (the 'Proposal') for the services (the 'Services') on equipment listed in the Proposal (the 'Covered Equipment'). COMPANY'S TERMS AND CONDITIONS ARE SUBJECT TO PERIODIC CHANGE OR AMENDMENT. 2. Connected Services. In addition to these terms and conditions, the Connected Services Terms of Service ('Connected Services Terns'), available at httosJµcow.trans.comrrraneConnec(edServicesTenns, as updated from time to time, are Incorporated herein by reference and shall apply to the extent that Company provides Customer with Connected Services, as defined in the Connected Services Terms. 3. Acceptance. The Proposal is subject to acceptance in writing by the party to whom this offer is made or an authorized agent ('Customer") delivered to Company within 30 days from the date of the Proposal. It 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 the Company's acceptance or assent to terns 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 Services In accordance with the Proposal. If Customer does not reject or object in writing to Company within 10 days, the Company's counteroffer will be deemed accepted. Customers acceptance of the Services by Company will In any event constitute an acceptance by Customer of Company's terms and conditions. In the case of a dispute, the applicable terms and conditions will be those In effect at the time of delivery or acceptance of the Services. This Agreement is subject to credit approval by Company. Upon disapproval of credit, Company may delay or suspend performance or, at His option, renegotiate prices and/or terns and conditions with Customer. it 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 Services rendered by Company to the dale of cancellation. 4. Cancellation by Customer Prior to Services; Refund. If Customer cancels this Agreement within (a) thirty (30) days of the date this Agreement was mailed to Customer or (b) twenty (20) days of the date this Agreement was delivered to Customer, If It was delivered at the time of sale, and no Services have been provided by Company under this Agreement, the Agreement will be void and Company will refund to Customer, or credit Customers account, the full Service Fee of this Agreement that Customer paid to Company, If any. A ten percent (10%) penalty per month will be added to a refund that Is due but is not paid or credited within forty-five (45) days after return of this Agreement to Company. Customers right to cancel this Agreement only applies to the original owner of this Agreement and only R no Services have been provided by Company under this Agreement prior to its return to Company. 5. Cancellation by Company. This Agreement may be cancelled by Company for any reason or no reason, upon written notice from Company to Customer no later than 30 days prior to performance of any Services hereunder and Company will refund to Customer, or credit Customer's account, that part of the Service Fee attributable to Services not performed by Company. Customer shall remain liable for and shall pay to Company all amounts due for Services provided by Company and not yet paid. 6. Services Fees and Taxes. Fees for the Services (tixa*Service Feeler) shall be as set forth in the Proposal and are based on performance during regular business hours. Fees for outside Company's regular business hours and any after-hours services shall be billed separately according to the then prevailing overtime or emergency laborllabour rates. In addition to the stated Service Fee, Customer shall pay all taxes not legally required to be paid by Company or, alternatively, shall provide Company with acceptable tax exemption certificates. Customer shall pay all costs (Including attomeys' fees) Inured by Company in attempting to collect amounts due. 7. Payment. Payment Is due upon receipt of Company's invoice. Company reserves the right to add to any account outstanding for more than 30 days a service charge equal to the lesser of the maximum allowable legal Interest rate or 1.5% of the principal amount due at the end of each month. Customer shall pay all coats (including attomeys' fees) Incurred by Company in attempting to tolled amounts due or otherwise enforcing these terms and conditions. 8. Customer 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: (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 connection with 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. Customer shall be liable to the Company for all Services furnished to date and all damages sustained by Company (including lost profit and overhead) 9. Performance. Company shall perform the Services In accordance with Industry standards generally applicable In the state or province where the Services are performed under similar circumstances as of the time Company performs the Services. Company is not liable for any claims, damages, losses, or expenses, arising from or related to work done by or services provided by Individuals or entitles that are not employed by or hired by Company. Company may refuse to perform any Services or work where working conditions could endanger property or put at risk the safety of people. Parts used for any repairs made will be those selected by Company as suitable for the repair and may be parts not manufactured by Company. Customer must reimburse Company for services, repairs, and/or replacements performed by Company at Customers request beyond the scope of Services or otherwise excluded under this Agreement. The reimbursement shall be at the then prevailing applicable regular, overtime, or holiday rates for laborflabour and prices for materials. Prior to Company performing the addltional services, repairs, and/or replacements, Customer may request a separate written quote stating the work to be performed and the price to be paid by Customer for the work. 10. Customer Obligations. Customer shall: (a) provide Company reasonable and safe access to the Covered Equipment and areas where Company le to work; and (b) unless otherwise agreed by Customer and Company, at Customer's expense and before the Services begin, Customer will provide any necessary access platforms, catwalks to safety perform the Services in compliance with OSHA, state, or provincial Industrial safety regulations or any other applicable Industrial safety standards or guidelines. 11. Exclusions. Unless expressly Included In the Proposal, the Services do not Include, and Company shell not be responsible for or liable to the Customer for, any claims, losses, damages or expenses suffered by the Customer In any way connected with, relating to or arising from any of the following: (a) Any guarantee of room conditions or system performance; (b) Inspection, operation, maintenance, repair, replacement or performance of work or services outside the Services; (c) Damage, repairs or replacement of parts made necessary as a result of the ads or omission of Customer or any Event of Force Majeure; 02020 Trans Techmkigles M Rich Rner ad (d) Any claims, damages, losses, or expenses, arising from or related to conditions that existed in, on, or upon the premises before the effective date of this Agreement (`Pre -Existing Conditions") Including, without limitation, damages, losses, or expenses Involving a Pre -Existing Condition of building envelope Issues, mechanical issues, plumbing Issues, and/or indoor air quality issues Involving mold/mould, bacteria, microbial growth. fungi or other contaminates or airborne biological agents; and (e) Replacement of refrigerant is excluded,unless replacement of refrigerant is expressly stated as Included with the Proposal. 12. Limited Warranty. Company warrants that: (a) the material manufactured by Company and provided to the Customer In performance of the Services Is free from defects In material and manufacture for a period of 12 months from the earlier of the date of equipment start-up or replacement and (b) the labor/labour portion of the Services Is warranted to have been properly performed for a period of 90 days from date of completion (the "Limited Warranty`). Company obligations of equipment start-up, if any are stated In the Proposal, are coterminous with the Umited Warranty period. Defects must be reported to Company within the Limited Warranty period. Company's obligation under the Limited Warranty Is limited to repairing or replacing the defective part at its option and to correcting any Improperly performed laborflabour. No liability whatsoever shall attach to Company until the Services have been paid for in full. Exclusions from this Limited Warranty Include claims, losses, damages, and expenses In any way connected with, related to, or arising from failure or malfunction of equipment due to the following: wear and tear end of [go failure; corrosion; erosion; deterioration; Customer's failure to follow the Company -provided maintenance plan; unauthorized or Improper maintenance; unauthorized or improper parts or material; refrigerant not supplied by Company; and modifications made by others to Company's equipment. Company shall not be obligated to pay for the cost of lost refrigerant or lost product. Some components of Company equipment may be warranted directly from the component supplier, In which case this Limited Warranty shall not apply to those components and any warranty of such components shall be the warranty given by the component supplier. Notwithstanding the foregoing, all warranties provided herein terminate upon termination or cancellation of this Agreement. Equipment, material and/or parts that are not manufactured by Company ('Thlyd-Party Products)") are not warranted by Company and have such warranties as may be extended by the respective manufacturer. CUSTOMER UNDERSTANDS THAT COMPANY IS NOT THE MANUFACTURER OF ANY THIRD -PARTY PRODUCT(S) AND ANY WARRANTIES, CLAIMS, STATEMENTS, REPRESENTATIONS, OR SPECIFICATIONS ARE THOSE OF THE THIRD -PARTY MANUFACTURER, NOT COMPANY AND CUSTOMER IS NOT RELYING ON ANY WARRANTIES, CLAIMS, STATEMENTS, REPRESENTATIONS, OR SPECIFICATIONS REGARDING THE THIRD -PARTY PRODUCT THAT MAY BE PROVIDED BY COMPANY OR ITS AFFILIATES, WHETHER ORAL OR WRITTEN. THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE THE SOLE AND EXCLUSIVE REMEDIES FOR WARRANTY CLAIMS PROVIDED BY COMPANY TO CUSTOMER UNDER THIS AGREEMENT AND ARE IN LIEU OF ALL OTHER WARRANTIES AND UABILITIES, LIABILITIES, CONDITIONS AND REMIDIES, WHETHER IN CONTRACT, WARRANTY, STATUTE, OR TORT (INCLUDING NEGLIGENCE), EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR FITNESS FOR A PARTICULAR PURPOSE AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE. COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, ENDORSEMENTS OR CONDITIONS OF ANY KIND. EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF QUALITY, FITNESS, MERCHANTABILITY, DURABILITY AND10R OTHERS ARISING FROM COURSE OF DEALING OR TRADE OR REGARDING PREVENTION BY THE SCOPE OF SERVICES, OR ANY COMPONENT THEREOF. COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. ADDITIONALLY, COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND REGARDING PREVENTING, ELIMINATING, REDUCING OR INHIBITING ANY MOLD, FUNGUS, BACTERIA, VIRUS, MICROBIAL GROWTH, OR ANY OTHER CONTAMINANTS (INCLUDING COVID49 OR ANY SIMILAR VIRUS) (COLLECTIVELY, pCONTAMINANTS-), WHETHER INVOLVING OR IN CONNECTION WITH EQUIPMENT, ANY COMPONENT THEREOF, SERVICES OR OTHERWISE. IN NO EVENT SHALL COMPANY HAVE ANY LIABILITY FOR THE PREVENTION, ELIMINATION, REDUCTION OR INHIBITION OF THE GROWTH OR SPREAD OF SUCH CONTAMINANTS INVOLVING OR IN CONNECTION WITH ANY EQUIPMENT, THIRD -PARTY PRODUCT, OR ANY COMPONENT THEREOF, SERVICES OR OTHERWISE AND CUSTOMER HEREBY SPECIFICALLY ACKNOWLDGES AND AGREES THERETO 13. Indemnity. To the maximum extent permitted by law, Company and Customer shall lndemnify and hold harmless each other from any and all claims, actions, costs, expenses, damages and liabilities, Including reasonable attomeys' fees, resulting from death or bodlly injury or damage to real or personal property, to the extent caused by the negligence or misconduct of the indemnilylng party, and/or its respective employees or authorized agents In connection with their activities within the scope of this Agreement. Neither party shall indemnify the other against claims, damages, expenses, or liabilities to the extent attributable to the acts or omissions of the other party or third parties. If the parties are both at fault, the obligation to indemnify shall be proportional to their relative fault. The duty to indemnify and hold harmless will continue In full force and effect, notwithstanding the expiration or early termination of this Agreement, with respect to any clalms based on fads or conditions that occurred prior to expiration or termination of this Agreement 14. Umitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NEITHER PARTY SHALL BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION REFRIGERANT LOSS, PRODUCT LOSS, LOST REVENUE OR PROFITS, OR LIABILITY TO THIRD PARTIES), INCLUDING CONTAMINANTS LIABILITIES, OR PUNITIVE DAMAGES WHETHER BASED IN CONTRACT, WARRANTY, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE TOTAL AND AGGREGATE LIABILITY OF THE COMPANY TO THE CUSTOMER WITH RESPECT TO ANY AND ALL CLAIMS CONNECTED WITH, RELATED TO OR ARISING FROM THE PERFORMANCE OR NOW PERFORMANCE OF THIS AGREEMENT, WHETHER BASED IN CONTRACT, WARRANTY, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS, SHALL NOT EXCEED THE COMPENSATION RECEIVED BY COMPANY UNDER THIS AGREEMENT. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT OR INDIRECT) RESULTING FROM MOLD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR OTHER CONTAMINATES OR AIRBORNE BIOLOGICAL AGENTS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY OF THE FOLLOWING IN CONNECTION WITH PROVIDING THE ENERGY AND BUILDING PERFORMANCE SERVICES: INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION; CUSTOMER'S NETWORK SECURITY; COMPUTER VIRUS; COMMUNICATION FAILURE; THEFT OR DESTRUCTION OF DATA; GAPS IN DATA COLLECTED; AND UNAUTHORIZED ACCESS TO CUSTOMER'S DATA OR COMMUNICATIONS NETWORK. 15. CONTAMINANTS LIABILITY The transmisslon of COVID-19 may occur In a variety of ways and circumstances, many of the aspects of which are currently not known. HVAC systems, products, services and other offerings have not been tested for their effectiveness in reducing the spread of COVID-19, including through the air In dosed environments. IN NO EVENT WILL COMPANY BE LIABLE UNDER THIS AGREEMENT OR OTHERWISE FOR ANY INDEMNIFICATION, ACTION OR CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE, FOR ANY BODILY INJURY (INCLUDING DEATH), DAMAGE TO PROPERTY,OR ANY OTHER LIABILITIES, DAMAGES OR COSTS RELATED TO CONTAMINANTS (INCLUCING THE SPREAD, TRANSMISSION MITIGATION, ELIMINATION, OR CONTAMINATION THEREOF) (COLLECTIVELY, "CONTAMINANTS LIABILITIES") AND CUSTOMER HEREBY EXPRESSLY RELEASES COMPANY FROM ANY SUCH CONTAMINANT LIABILITIES. 02020 Trane Technologies M Rfghts Reserved 16. Asbestos and Hazardous Materials. The Services expressly exclude any identification, abatement, cleanup, control, disposal, removal or other work connected with asbestos or other hazardous materials (collectively, "Hazardous Materials"). Should Company become aware of or suspect the presence of Hazardous Materials, Company may immediately stop work In the affected area and shall notify Customer. Customer will be responsible for taking any and all action necessary to correct the condition In accordance with all applicable laws and regulations. Customer shall be exclusively responsible for any claims, liability, fees and penalties, and the payment thereof, arising out of or relating to any Hazardous Materials on or about the premises, not brought onto the premises by Company. Company shall be required to resume performance of the Services only when the affected area has been rendered harmless. 17. Insurance. Company agrees to maintain the following insurance during the term of the contract with limits not less than shown below and will, upon request from Customer, provide a Certificate of evidencing the following coverage: Commercial General Liability $2,000,000 per occurrence Automobile Liability $2,000,000 CSL Workers Compensation Statutory Limits If Customer has requested to be named as an additional Insured under Company's insurance policy, Company will do so but only subject to Company's manuscript additional insured endorsement under its primary Commercial General Liability policies. In no event does Company or its insurer waive its right of subrogation 18. 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 cant' 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 ten (10) days' notice to Customer, In which event Customer shall pay Company for all parts of the Services furnished to the date of termination. An "Event of Force Majeure" shall mean any cause or event beyond the control of Company. Without limiting the foregoing, "Event of Force Majeure" Includes: acts of God; acts of terrorism, war or the public enemy; flood; earthquake; lightning; tomado; storm; fire; civil disobedience; pandemic Insurrections; riots; labor disputes; labor 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. 19. 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 Services are performed without regard to choice of law principles which might otherwise call for the application of a different state's or province's law. Any dispute arising under or relating to this Agreement that is not disposed of by agreement shall be decided by litigation in a court of competent jurisdiction located in the state or province In which the Services are 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 premises are owned and/or operated by any agency of the United States Federal Government, determination of any substantive Issue of law shall be according to the United States 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 Services. No documents shall be incorporated herein by reference except to the extent Company is a signatory thereon. If any term or condition of this Agreement is Invalid, illegal or incapable of being enforced by any rule of law, all other terms and conditions of this Agreement will nevertheless remain in full force and effect as long as 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, without the written consent of Company. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties hereto and their 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. No modifications, additions or changes may be made to this Agreement except In a writing signed by Company. No failure or delay by the Company in enforcing any right or exercising any remedy under this Agreement shall be deemed to be a waiver by the Company of any right or remedy. 20. Equal Employment Opportunity/Affirmative Action Clause. Company is a United States federal contractor that complies fully with Executive Order 11246, as amended, and the applicable regulations contained In 41 C.F.R. Parts 60-1 through 60-60, 29 U.S.C. Section 793 and the applicable regulations contained in 41 C.F.R. Part 60-741; and 38 U.S.C. Section 4212 and the applicable regulations contained in 41 C.F.R. Part 60-250; and Executive Order 13496 and Section 29 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. 21. U.S. Government Contracts. 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 / Purchase Order 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). Comparry 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; 52222-26; 52.222-35; 52.222-36; 52.222-39; 52.247-64. If the Services are in connection with a U.S. government contract, Customer agrees and hereby 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 contractor's Customer's 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 Services that are the subject of this offer or agreement, other than the Proposal or this Agreement. 22. 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 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 0 2020 Trane Tedmobgies AD Rights Reserved (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 duty 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. 1-10.48 (0821) Supersedes 1-10.48 (0720) 0 2020 Trans TeftdlogW Al Rights Reserved �r :m ct HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetine Date: July 12, 2023 Agenda Item Title: Approve Execution of a Contract with Trane USA Services for the Repair of the Air Conditioning Unit at City Hall and Authorize the City Manager to Execute the Appropriate Documents Recommendation: Staff requests City Council's approval of execution of an agreement with Trane USA Services to repair the malfunctioning air conditioning unit ACH-2, Serial # K18C24309 at City Hall. Backsround: Staff recommends approval of execution of an agreement with Trane USA Services to repair the malfunctioning air conditioning unit ACH-2, Serial # K18C24309 at City Hall. This unit cools the majority of the offices on the first floor of City Hall. Currently, the unit is cooling to approximately 50% of its capacity. The unit's evaporator coil has developed a non -repairable Freon leak. The repair will consist of Trane disassembling the evaporator housing, as well as removing and replacing the evaporator coil assembly. Trane will also perform a leak test and recharge the system with R 410 A refrigerant. If Agenda Item Reauires Expenditure of Funds: Total Cost: $23,651.00 Funds to Be Utilized: General Fund Renewal and Replacement Reserve Attachments: 1. Trane Proposal Administrative Services City Attorney Procurement City Manager Authorization: Date: 716 /a J a :) , inapplicable: Trane U.S. Inc. city of Sebastian 3600 Pammel Creek Road 505 Airport Drive West LN 001 unit EACH Recover refrigerant from Circuit 1. remove line set from in front of AHU , pull coil. Rig new coil onto rooftop using a crane/rig old coil down. Place new coil inside AHU secure and repipe line set. Lek check using nitrogen, Once no leaks are confirmed, evacuate both circuits to 500 microns and charge with r-410a. (City Hall A/C) Approved by city Council 12 July 2023. ***** General Ledger Summary Section ***** Account 010056-534610 IMAM. .. , W . d 9d, -. i " au u 2, 1 We QtY 1.00 unit Price 23651.. 00000 PO Total Amount Net Price 23651.00 23651.00 23651.00 F o ( 0371 Bill To Requisition 00007641-00 FY 2023 CITY OF SEBASTIAN ATTN: ADMINISTRATIVE SERVICES Acct No: 1225 MAIN STREET 010056-534610 SEBASTIAN, FL Review: 32958 Buyer: Status: Released Page 1 vendor Ship To Trane U.S. Inc. City of Sebastian 3600 Pammel Creek Road SOS Airport Drive west Sebastian, FL 32958 La Crosse, Wi 54601 Date Vendor jDate Ship ,ejw Ordered (Number Required =via Terms Department --07/13/23---1203054 I---------I--------------------j6uilding Maintenance------- �J eaz ------------------------------------------------------------------------------ LN Description / Account Qty unit Price Net Price 001 Recover refrigerant from circuit 1. remove line set from in front of AHU pull coil. Rig new coil onto rooftop using a crane/rig old coil down. Place new coil inside ANu secure and repipe line set. Lek check using nitrogen, Once no leaks are confirmed, evacuate both circuits to 500 microns and charge with r-410a. City Hall A/C) App3:ved by Cfty council 12 July 1 010056-534610 Ship To City of Sebastian 505 Airport Drive West Sebastian, FL 32958 1.00 23651.00000 23651.00 EACH 23651.00 Requisition Link Requisition Total ***** General Ledger summary Section **** Account Amount 010056-534610 23651.00 FACILITIES MAINTENANCE R & M-BUILDINGS ***** Approval/Conversion info ***** 23651.00 Remaining Budget -22424.81 Bill To CITY of SEBASTIAN ATTN: ADMINISTRATIVE SERVICES 1225 MAIN STREET SEBASTIAN, FL 32958 Vendor Trane U.S. Inc. 3600 Pammel Creek Road La Crosse, WI 54601 Requisition 00007641-00 FY 2023 Acct No: 010056-534610 Review: Buyer: Status: Released Page 2 ship To city of Sebastian 505 Airport Drive west Sebastian, FL 32959 -------------------------------------------------------------------------------- Date Vendor (Date lship I Ordered Number Required via Terms Department ----------------------------------------------------------:--------------------- 07/13/23 1203054 I I IBuilding Maintenance -------------------------------------------------------------------------------- LN Description / Account Qty Unit Price Net Price Activity Date clerk comment Queued 07/13/23 Margarita Macias Queued 07/13/23 Ken Killgore Pending 3ennifer Smith Pending Ken Killgore Authorized By: .'�-�,+• ` ate: signature 2301 Lucien Way, Suite 430 Maitland. FL, 32751 Phone:4076601111 June 26,2023 CITY OF SEBASTIAN 1225 MAIN ST SEBASTIAN, FL, 32958 Project Name:AHU-2 Site Name:SEBASTIAN CITY HALL We are pleased to offer you this proposal for performance of the following services for the Equipment listed. Services will be performed using Trane's Exclusive Service Procedure to ensure you get full benefit of our extensive service experience, coupled with the distinct technical expertise of an HVAC Equipment manufacturing leader. Our innovative procedure is environmentally and safety conscious, and aligns expectation of work scope while providing efficient and productive delivery of services. Equipment List: Equipment + Model Number Serial Number I AHU-2 ICSAA012UALOO IK18C24309 Scope of Service: Recover Refrigerant from Circuit 1, remove line set from in front of AHU. pull coil. Rig new coil onto rooftop using a craneirig old coil down. Place new coil inside AHU secure and repipe line set. Leak check using nitrogen. Once no teaks are confirmed, evacuate both curcuils to 500microns and charge o4th r-410a. Note: Entire unit will be down for 3-4 days, temporary units should be placed in areas where cooling is needed. TotalPrice: .............................................................................................. S 23,651.00 Clarifications t, Applicable taxes are not included and trill be added to the invoice, 2. Any service not listed is not included. 3. Work will be performed during normal Trane business hours unless stated 4. Travel time is not included unless stated I appreciate the opportunity to earn your business, and look forward to helping you with all of your service needs. Please contact me J you have any questions or concerns. Sincerely. Trevor Brewer Trane Service Technician travor.brewer@trane.com This proposal Is valid 30 days from June 26,2023. This agreement is subject to Customer's acceptance of the attached Trane USA Services Terms and Conditions.