HomeMy WebLinkAboutCity Council Resolutions (R-04-2345)-03/16/2004
RESOLUTION R-04-2345
A RESOLUTION APPROVING SERVICE AGREEMENTS BETWEEN THE CITY
OF COLLEYVILLE AND THE TRANE SERVICE GROUP, THROUGH THE TEXAS
COOPERATIVE PURCHASING NETWORK (TCPN)
WHEREAS,
the City Council has approved an Interlocal Agreement between the
Texas Cooperative Purchasing Network (TCPN) to provide for a
cooperative purchasing program for goods and services; and
WHEREAS,
the City of Colleyville desires to secure Service Agreements with
the Trane Service Group for inspection, maintenance and repair for
the HV AC systems of the Colleyville City Hall and Library and the
Colleyville Justice Center.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COLLEYVILLE, TEXAS:
Sec. 1.
THAT the City Council hereby approves entering into Service
Agreements between the City of Colleyville and the Trane Service
Group, through the Texas Cooperative Purchasing Network
(TCPN), hereby attached as Exhibit "A", to provide services for the
inspection, maintenance and repair for the HVAC systems of the
Colleyville City Hall and Library and the Colleyville Justice Center.
AND IT IS SO RESOLVED.
Cynthia Singleton, TRMC
Secretary
o
ABSTENTIONS ON THE
ATTEST:
E
11
TRANE@
Trane Service Group
6320 Airport Freeway
Fort Worth, TX, 76117
Phone (817) 838-1300, Fax (817)831-8135
SERVICE AGREEMENT
2004 Run Inspections
2005 Scheduled Maintenance
" I , f \ '1 ',J 11 i I "';I'! 1 r I' ,! ~,I 11 ( I
Prepared For:
City of Colleyville
1 00 Main Street
Colleyville, Texas 76034
Attention: Cindy Martin
Colleyville Justice Center
5201 Riverwalk
Colleyville, Texas 76034
Project:
143334
AGREEMENT NO. 143334
SERVICE AGREEMENT
Colleyville Justice Center
5220 Bluebonnet Drive
Colleyville, Texas 76034
PROJECT AND LOCATION:
The Trane Company. herein referred to as Trane, agrees to furnish services in accordance
with the "General Terms and Conditions" and attached "Schedules." This AGREEMENT shall
become effective only upon acceptance by CUSTOMER and approved by Trane.
EQUIPMENT TO BE SERVICED:
e UnitModelNo UnitSerialNo
C0600A40H2A7LC5 C01M67361
C0330A40H2A60C5 C01 M67362
CH211C40FBA 021010930
HC048A4GAO 203100313L
SC092A4RNA08C 03100563L
SC048A4RGAO 03100403L
MCCA008UBOOO K02A05955
A120A4000L 351PXFAO
E042C140C 325MJH1V
A0420400B 20133FS3F
E048C140C 36287G1V
A0480400A 01380S3F
n return fan Need
SERYlCES TO BE H.E:'IIDERED - 1" 'I'ar
Quantit
1
2
2
1
3 1 Circuit
3
9
1
9
Page 2
Quantit
SERVICES TO BE RENDERED - 2"d Year - Preventive Maintenance (10/1/2004):
1
Schedules Inspection Frequency
1 Annual / 3 Run
HU-110, AHU-130 Ins ections
1 Annual / 3 Run
UNT-210, UNT-230 Ins ections
1 Annual / 3 Run
RTU-310, RTU-330 Ins ections
1 Annual / 3 Run
RTU-210, RTU-230 Ins ections
1 Annual / 3 Run
1 Circuit RTU-210, RTU-230 Ins ections
1 Annual / 3 Run
UNT/DX-110, UNT/DX-120 Ins ections
FLR-110 uarterly
1 Annual I 3 Run
MISC - 120 Ins ections
CDS230 nually
I.' I ' 11' I.' I ! ~
Inspection Frequency
1 Annual I 3 Run
HU-110, AHU-130 Ins ections
1 Annual I 3 Run
UNT-210, UNT-230 Ins ections
1 Annual I 3 Run
RTU-310, RTU-330 Ins ections
1 Annual I 3 Run
RTU-210, RTU-230 Ins ections
1 Annual I 3 Run
1 Circuit RTU-210, RTU-230 Ins ections
1 Annual I 3 Run
UNT/DX-110, UNT/DX-120 Ins ections
FLR-110 uarterly
1 Annual I 3 Run
MISC - 120 Ins ections
CDS230 nually
2
2
1
3
3
9
1
9
1
2
2
3
3
9
1
9
Page 3
AGREEMENT NO. 143334
PRICING AND ACCEPTANCE
Trane Service Group Service Agreement
Trane Service Group agrees to inspect, maintain and repair the equipment listed under the "Equipment Coverage"
section hereof(the "Equipment") according to the tenns of this Service Agreement, including the "Tenns and
Conditions and "Scope of Services" sections hereof. Trane Service Group agrees to give preferential service to
Customer over non-contract customers.
Service Fee
Customer agrees to pay (scheduled below) over the 3 year(s) ofthis Agreement, payable in the amount of
(scheduled below) Quarterly, not including tax, to Trane Service Group as the fee (the "Service Fee") for the
inspection, maintenance and repair services described in the Scope of Services section hereof with respect to the
Equipment. The Service Fee is subject to adjustment as provided in the Terms and Conditions.
Year One 2/1/04
Year Two 10/1/04
Year Three 10/1/05
Total Contract
Amount
$7,671
$16,820
$33,275
$57,766
Contract
Savings
Discounted
Quarterly Bill
Amount
$1,860
$4,079
$8,069
Cancellation
Charges
Contract
Amount
$230
$505
$998
$230
$735
$1,733
*ThIs multi-year agreement Is effective Fe
tarminated by either party, with or without ca
h September 30, 2006 and shall remain In effect from year to year unl_
ethe above cancellation charges will be enforced.
Term
The initial term of this Service Agreement shall be 3 year(s), effective February 1. 2004, provided that Trane
Service Group will have no obligation to Customer prior to approval of this Service Agreement in writing as
provided below by an authorized representative ofTrane Service Group.
SUBMITTED BY: Shirley H. Ross
TITLE: ccount Mana er
DATE: January 13. 2004
TRANE ACCEPTANCE:
uth e Re sentative
~ ~UA-d:
Authorized epresentatlve Printed
/Ii~o r
Title J
~ /~ ;Loo4
A~tance Date ;'
Authorized Representative
Authorized Representative Printed
Title
Acceptance Date
Purchase Order Number (If Required)
Page 4
SCOPE OF SERVICES
Rl'S J.\SI'fJTJO\S (2004) & PRf:Vl:,\T/VE MAll'VTENANCE(2005)
SCHEDULED MAINTENANCE SERVICE PROGRAM
Routine maintenance inspections are performed throughout the year. The Schedule of Maintenance Form
provides a summary of the schedules and types of inspections,
EMERGENCY SERVICE
Emergency service and repairs are available on a 24-hour-per-day basis and will be invoiced at the prevailing
straight-time or overtime contract rate.
REPLACEMENT PARTS
Parts and materials shall be provided as authorized and invoiced extra to the contract price.
INSPECTIONS
This coverage includes one comprehensive annual inspection and 3 periodic maintenance inspections per year.
Also included is cleaning air cooled condensers one time per year and supply and installing filter four times per
year.
WRITTEN REPORTS
Written reports will be provided to the customer representative following each regular inspection or emergency
call.
PREFERENTIAL SERVICE AND CONTRACT SERVICE RATE
This contract includes preferential service to the customer over non-contract customers. For work outside the
scope of service, the specified contract rate applies. This rate is subject to adjustment only at each annual
annIVersary .
Page 5
SCOPE OF SERVICES
SELECT SERVICE MAINTENANCE PROGRAM
Routine maintenance inspections are performed throughout the year. The Schedules of
Maintenance Form provides a summary of the schedules and types of inspections.
EMERGENCY SERVICE
This coverage includes all emergency calls between inspections as required for purpose of diagnosis
of trouble, adjustment, and resetting controls for equipment that falls under the Select Maintenance
Agreement, limited to two hours (nucance calls are not covered under this agreement).
MAJOR REPAIR LABOR
This includes all labor to diagnose, repair, or replace failed components of the equipment covered
under the provisions of this agreement.
REPLACEMENT PARTS AND COMPONENTS
Parts, refrigerant, oil, and other material to complete repairs are furnished under this agreement.
INSPECTIONS
This coverage includes one annual inspection and three periodic maintenance inspections per year.
WRITTEN REPORTS
Written reports will be provided to the customer representative following each regular inspection or
emergency call.
PREFERENTIAL SERVICE AND CONTRACT SERVICE RATE
This contract includes preferential service to the customer over non-contract customers. For
work outside the scope of service, the specified contract rate applies. This rate is subject to adjustment.
ADDITIONAL TERMS AND CONDITIONS
It shall be the responsibility of the Service Company to Inspect and report to the Customer any malfunctions and
defects within forty-five (45) days after effective date If equipment can not be operated within this 45-day period
due to seasonal conditions or other factors beyond our control, the period of Initial inspection will be extended to
45 days after the equipment can be operated and checked. If the Customer does not want the Service
Company to do the work identified by the Service Company, or if the Customer does not have the work
completed, the equipment will be removed from the list of Covered Equipment and the Agreement price adjusted
proportionately
It shall also be the responsibility of the Service Company to make recommendations and to assist the Customer
in restoring the equipment to proper operating condition However, all of the actual restoration costs shall be
paid by the Customer
Page 6
RTU-310
Voyager III (27.5+ Tons)
Rev. June 30, 1998
RTU-VOY AGER III
COMPREHENSIVE ANNUAL MAINTENCE-Cooling Cycle
RTU-310
1. Report in with the Customer Representative
2. Record and report abnormal conditions, measurements taken, etc.
3. Review customer logs with the customer for operational problems and trends.
1. General Assembly
*LCK-120 *CDS-140 *EVP-140 *ANL-180
a. Inspect for leaks and report leak check results.
b. Repair minor leaks as required (e.g. valve packing, flare nuts).
c. Calculate refrigerant loss rate and report to the customer.
d. Check the sheaves and pulleys for wear and alignment.
e. Check the belts for tension, wear, cracks, and/or glazing.
f. Verify proper damper operation.
g. Check mechanical linkages for wear, tightness, and clearances.
h. Verify clean condenser and evaporator.
i. Verify clean evaporator fan.
j. Verify clean air filters.
k. Verify the operation of the crankcase oil heater(s), if applicable.
2. Controls and Safeties *PNL-140
a. Verify the operation of the discharge air temperature control device, if applicable.
b. Verify the operation of the outside air temperature control device.
c. Verify the operation of the mixed air temperature control device.
d. Test the operation of the high condenser pressure safety device. Calibrate, if
necessary, and record setting.
e. Test the operation of the low temperature safety device. Calibrate, if necessary,
and record setting.
f. Test the operation of the low pressure safety device(s). Calibrate, if necessary,
and record setting.
3. Lubrication *LUB 100
a. Lubricate motor bearings, if applicable.
b. Lubricate fan bearings.
c. Check oil level in the compressor(s), if applicable.
4. Motor and Starter *MOT-110 *MOT-120 *PNL-217
a. Clean the starter and cabinet.
b. Inspect wiring and connections for tightness and signs of overheating and
discoloration.
c. Check the contactors for free and smooth operation.
d. Meg the compressor motor(s) and record readings.
e. Verify the tightness of the compressor motor terminal connections.
f. Verify the operation of the crankcase oil heater(s), if applicable.
Page 7
5. Startup and Checkout Procedure *RTU-320
a. Start the unit.
b. Verify the starter operation.
c. Verify the smooth operation of the compressors and fans.
d. Log operating conditions of the unit after the system has stabilized.
e. Review operating procedures with operating personnel.
f. Provide a written report of completed work, operating log, and indicate any
uncorrected deficiencies detected.
Quarterly Running INSPECTION
RTU-330
1. Start the unit.
2. Verify the starter operation.
3. Verify the smooth operation of the compressors and fans.
4. Log operating conditions of the unit after the system has stabilized.
5. Review operating procedures with operating personnel.
8. Provide a written report of completed work, operating log, and indicate any
uncorrected deficiencies detected.
Page 8
RTU-210
3-25 tons
Rev. June 30, 1999
RTU-II
COMPREHENSIVE ANNUAL MAINTENANCE-Cooling Cycle
RTU-210
1. Report in with the Customer Representative.
2. Record and report abnormal conditions, measurements taken, etc.
3. Review customer logs with the customer for operational problems and trends.
1. General Assembly
*LCK-120 *CDS-140 *EVP-140 *ANL-180
a. Inspect for leaks and report leak check results.
b. Repair minor leaks as required (e.g. valve packing, flare nuts).
c. Calculate refrigerant loss rate and report to the customer.
d. Check the sheaves and pulleys for wear and alignment.
e. Check the belts for tension, wear, cracks, and/or glazing.
f. Verify proper damper operation.
g. Check mechanical linkages for wear, tightness, and clearances.
h. Verify clean condenser and evaporator.
i. Verify clean evaporator fan.
I. Verify clean air filters.
m. Verify the operation of the crankcase oil heater(s), if applicable.
2. Controls and Safeties *PNL-140
a. Verify the operation of the discharge air temperature control device, if applicable.
b. Verify the operation of the outside air temperature control device.
c. Verify the operation of the mixed air temperature control device.
d. Test the operation of the high condenser pressure safety device. Calibrate, if
necessary, and record setting.
e. Test the operation of the low temperature safety device. Calibrate, if necessary,
and record setting.
f. Test the operation of the low pressure safety device(s). Calibrate, if necessary,
and record setting.
3. Lubrication *LUB100
a. Lubricate motor bearings, if applicable.
b. Lubricate fan bearings.
c. Check oil level in the compressor(s), if applicable.
4. Motor and Starter *MOT-110 *MOT-120 *PNL-217
a. Clean the starter and cabinet.
b. Inspect wiring and connections for tightness and signs of overheating and
discoloration.
c. Check the contactors for free and smooth operation.
d. Meg the compressor motor(s) and record readings.
e. Verify the tightness of the compressor motor terminal connections.
g. Verify the operation of the crankcase oil heater(s), if applicable.
Page 9
6. Startup and Checkout Procedure *RTU-220
a. Start the unit.
b. Verify the starter operation.
c. Verify the smooth operation of the compressors and fans.
d. Log operating conditions of the unit after the system has stabilized.
e. Review operating procedures with operating personnel.
f. Provide a written report of completed work, operating log, and indicate any
uncorrected deficiencies detected.
MID-SEASON COOLING INSPECTION
RTU-230
1. Start the unit.
2. Verify the starter operation.
3. Verify the smooth operation of the compressors and fans.
4. Log operating conditions of the unit after the system has stabilized.
5. Review operating procedures with operating personnel.
8. Provide a written report of completed work, operating log, and indicate any
uncorrected deficiencies detected.
COMPREHENSIVE MAINTENANCE INSPECTION- Heating Cycle
RTU-215
*HTG-110 *HTG-120 *HTG-130
1. Perform the heating inspection/maintenance procedure applicable to the unit
(steam/hot water, electric, gas, reverse cycle).
2. Verify smooth operation of the fans.
3. Check the belts for tension, wear, cracks, and glazing.
4. Verify clean air filters.
5.2. Electric Heat Option
*HTG-120
a. Inspect wiring and connections for tightness and signs of overheating and
discoloration.
b. Check and calibrate operating and safety controls, if applicable.
c. Verify the operation of the heating elements.
d. Check voltage and amperage and compare readings with the watt rating
on the heater.
7. Startup/Checkout Procedure
*RTU-220
1. Verify smooth operation of the fans.
2. Check the belts for tension, wear, cracks, and glazing.
3. Verify clean air filters.
4. Verify proper operation of the heating section.
5. Verify the operation of the temperature controls.
Page 10
AHU-110
Trane models
Rev. July 1, 1999
CENTRAL STATION AIR HANDLING UNITS
COMPREHENSIVE ANNUAL INSPECTION
AHU-110
1. Report in with the Customer Representative.
2. Record and report abnormal conditions, measurements taken, etc.
3. Review customer logs with the customer for operational problems and trends.
1. General Assembly
a. Inspect the unit for cleanliness.
b. Inspect the fan wheel and shaft for wear and clearance.
c. Check the sheaves and pulleys for wear and alignment.
d. Check the belts for tension, wear, cracks, and glazing.
e. Verify tight bolts, set screws, and locking collars.
f. Check dampers for wear, security and linkage adjustment.
g. Verify clean condensate pan.
h. Verify proper operation of the condensate drain.
i. Verify clean air filters.
j. Verify clean coils.
k. Verify proper operation of the spray pump, if applicable.
I. Verify smooth fan operation.
m. Log operating conditions after system has stabilized.
n. Provide a written report of completed work, operating log, and indicate any
uncorrected deficiencies detected.
2. Lubrication *LUB-110
a. Lubricate the fan shaft bearings. if applicable.
b. Lubricate the motor bearings, if applicable.
3. Controls and Safeties *PNL-170
a. Test the operation of the low temperature safety device, if applicable.
b. Test the operation of the high static pressure safety device, if applicable.
c. Test the operation of the low static pressure safety device, if applicable.
d. Check the thermal cutout on electric heaters, if applicable.
e. Check the step controller, if applicable.
f. Check and record supply air and control air pressure, if applicable.
g. Verify the operation of the control system and dampers while the fan is operating.
4. Motor and Starter
*MOT-110 *MOT-120
a. Clean the starter and cabinet.
b. Inspect the wiring and connections for tightness and signs of overheating and
discoloration. This includes wiring to the electric heat, if applicable.
c. Check the condition of the contacts for wear and pitting.
d. Check the contactors for free and smooth operation.
e. Meg the motor and record readings.
Page 11
QUARTERLY RUNNING INSPECTION
AHU-130
1. Check the general condition of the fan.
2. Verify smooth fan operation.
3. Check and record supply and control air pressure, if applicable.
4. Verify the operation of the control system.
5. Log the operating conditions after the system has stabilized.
6. Review operating procedures with operating personnel.
7. Provide a written report of completed work, operating log, and indicate any
uncorrected deficiencies detected.
Page 12
UNT/DX-110
Condensing/Reversible units
Rev. July 1,1999
UNITARY CONDENSING I REVERSIBLE UNITS
MAINTENCE PROCEDURE
UNT/DX-110
1. Report in with the Customer Representative.
2. Record and report abnormal conditions, measurements taken, etc.
3. Review customer logs with the customer for operational problems and trends.
1. General Assembly
*LCK-120 *CDS-140 *ANL-180 *LUB-100
a. Inspect for leaks and report results.
b. Calculate refrigerant loss rate and report to the customer.
c. Repair minor leaks as required (e.g. valve packing, flare nuts).
d. Visually inspect the condenser for cleanliness.
e. Lubricate the fan motor(s), if applicable.
f. Verify the operation of the crankcase oil heater, if applicable.
g. Verify the operation of the switchover valve.
h. Provide a written report of completed work, operating log, and indicate any
uncorrected deficiencies detected.
2. Controls and Safeties
PNL-170
a. Inspect the control panel for cleanliness.
b. Inspect wiring and connections for tightness and signs of overheating and
discoloration. .
c. Test the low evaporator pressure safety device. Calibrate and record setting.
d. Test the high condenser pressure safety device. Calibrate and record setting.
e. Verify proper operation of the frost control device.
f. Verify proper operation of the temperature control device.
3. Motor and Starter
*PNL-216 MOT-110
a. Clean the starter and cabinet.
b. Inspect wiring and connections for tightness and signs of overheating and
discoloration.
c. Check the condition of the contacts for wear and pitting.
d. Check the contactors for free and smooth operation.
e. Check the tightness of the motor terminal connections.
f. Meg the motor(s) and record readings.
4. Startup/Checkout Procedure
a. Check the general condition of the unit.
b. Verify the operation of the motor and starter.
c. Verify the operation of the control circuit.
d. Verify smooth operation of the unit.
e. Review operating procedures with operating personnel.
f. Provide a written report of completed work, operating log, and indicate any
uncorrected deficiencies detected.
Page 13
QUARTERLY RUNNING INSPECTION
UNTIDX-120
1. Check the general condition of the unit.
2. Verify the operation of the motor and starter.
3. Verify the operation of the control circuit.
4. Verify smooth operation of the unit.
5. Review operating procedures with operating personnel.
6. Provide a written report of completed work, operating log, and indicate any
uncorrected deficiencies detected.
Page 14
UNT/DX-210
Unitary blower units
Rev. July 1, 1999
UNITARY BLOWER UNITS
MAINTENANCE PROCEDURE
UNT-210
1. Report in with the Customer Representative
2. Record and report abnormal conditions, measurements taken, etc.
3. Review customer logs with the customer for operational problems and trends.
1. General Assembly
a. Check pulleys and sheaves for wear and alignment, if applicable.
b. Inspect belts for tension, wear, cracks, and glazing, if applicable.
c. Verify tightness of all set screws.
d. Verify clean fan and coils.
e. Verify clean air filters.
f. Verify smooth operation of the unit.
g. Verify proper operation of the condensate drain.
2. Lubrication *LUB-100
a. Lubricate fan bearings, if applicable.
b. Lubricate motor bearings, if applicable.
3. Motor and Starter PNL-170
a. Clean the starter and cabinet.
b. Inspect wiring and connections for tightness and signs of overheating and
discoloration.
c. Check the condition of the contacts for wear and pitting.
d. Check the contactors for free and smooth operation.
e. Check the tightness of the motor terminal connections.
f. Verify proper motor voltage and amperage.
4. Startup/Checkout Procedure
a. Check the general condition of the unit.
b. Verify proper operation of the motor and starter.
c. Verify proper operation of the control circuit.
d. Verify smooth operation of the unit.
e. Provide a written report of completed work, operating log, and indicate any
uncorrected deficiencies detected.
QUARTERLY RUNNING INSPECTION
UNT -230
1. Check the general condition of the unit.
2. Verify proper operation of the motor and starter.
3. Verify proper operation of the control circuit.
4. Verify smooth operation of the unit.
5. Provide a written report of completed work, operating log, and indicate any
uncorrected deficiencies detected.
Page 15
MSC-120
Variable Frequency Drives
Rev. October 4. 1999
VARIABLE FREQUENCY DRIVES
MAINTENANCE PROCEDURE
MSC-120
1 . Report in with the Customer Representative.
2. Record and report abnormal conditions, measurements taken, etc.
3. Review customer logs with the customer for operational problems and trends.
4. Clean the heat sink.
5. Inspect wiring and connections for tightness and signs of overheating and discoloration.
6. Visually inspect panel for loose or damaged parts or wiring; also check for any accumulation of
dirt and/or moisture.
7. Verify proper operation of the unit.
8. Verify proper DC buss voltage.
FLR-100
Filter Maintenance
Rev. August 19, 1999
AIR FilTER MAINTENANCE PROCEDURES
FILTER REPLACEMENT
FLR-110
Supply and Install pleated filters four times per year.
.CDS-200
Air-cooled condenser cleaning
Rev. September 20.1999
CONDENSER CLEANING
AIR-COOLED CONDENSERS
CLEAN CONDENSERS
*CDS-230
2-100 Tons
Clean air-cooled condenser, using pressurized water one time per year.
Page 16
The following "Terms snd Conditions- .. atta::hed to and made a part of the Service
Agreement rAgreemenr) between the named Customer and The Trane Company, 8
division of American Standard Inc.
1. Term.nd ServIce FH AdJUltrMnL The initial Term of this Agr8el'1Wlt shall be as
stated in the "Pricing & Accept.-.ce" section hereof. Thereafter, lhi. Ageemenllhall be
deemed renewed on a year to year basis untilteminatecl as provided herein. Trane
reserves the rililt to renegotiate the Service Fee effective with eech annual renewal of this
Agreemenl upon forty-five (45) days written notice In advonce of the scheduled expilBllon
date. Auton'8tically rene'<<8b1e agreements are cancelable by the written noIa of eidler
perty 10 the _ ~or."y reoson or no reason) no later than thirty (30) days prior to the
scheduled expiration date. The Service Fee is based on perforrrence during regular
business hours.
2, Payment and T..... Payment is due upon receipt of Trane's invotce. Except al may
otherwi.. be provided in h "Service Fee- section, annual Servtce Fee IImOU'III thall be
paid in adv.we c;J perfomw1ce of the Services. Intera!: of 1%% on unpeid b81ance. m~
be charged by Trane. Without liability to CuStomer, Trane IT'By discontinue services
whenever payment is overdue. In ackItlon to the stated ServIce Fee, CuSlon"IBl' shatl pay all
taxes not legally required 10 be pek:I by Trane or, alternatively, shaM provide Trane with
acceptable tax exef1'1)tion C8ftificatel. Customer shall pay .11 cost. (including altomeyl'
fees) incurred by Trane in attl!f'll'ting to coned arrounts due.
3. TermI..tion. This Agreementll'l!llY be termnated by e1lher party upon a mlteri81
breach by the other party of ill obligations hereunder upon fourteen (14) calendar days ptior
written notice to the breaching party and lhe fail...-e of !he breaching party 10 cure the breach
within such fourteen (1.) day period. Notwilhstandng any terTTinatlon, Customer shall
rerrein liable to Trane for any amounts for services provkted by Trane and not then pakL
4. Acceptance. This Agreement Is subject to Customer acceptance In writing delivered
to Trane wilhin thirty (30) days from lhe date hereof.
5. perronr.nc., Trane shall perform the seMceI desaibed in the -Scope of SeMcea'
end 'Service Progrom' Hdion. of this Agreement wiII1 reopect 10 the li.ted Equi~ with
reasonable prort1Jtness in a workrniillnlike manner in accordance wtlh industry standards
generally applicable in the area. Except.. otherwise provided in writing in 'Scope of
Se<v_" -. will be porlonned during Trone'. nonnol buIine.. hours ond.,y_.
hou.. servtces _ be billed _toly aca><dlng 10 then pr_llng overtime or emergency
labor r..... T,..".'. duty to petform under this Agreement and the Service Fee are subted
to the approv81 of Tr....'s aedit deJ*trnenI, .. IIUb;ed 10 Event. of Force M8;eure, and
contingent ~ the _ty 10 procure metertelsfrom the usual sources of suppy. Upon
disapproval of the atd' depertment or upon the occurrence d any such even' as aforesaid,
Trane rT8y delay or suspencI pefformence or, at its option, renegotiate Service Fees, and/or
terms and condiUons wtth the Customer. "Trllne and Customer are unable to a"," Q1
such reviaions, this Agreenwrt ahaIl be C8n08IecI without "'y ~Iity, other than Customer's
obligation to pay for seMces rendered by Trane to the date d cancellation. This Ageement
presupposes that all nejOr pieces of equipment are in proper opet8Ung condition as of the
date hereof. ServIces furnished are prenised on the Equipment being In a fT'IIlntalnable
condition. tf initial or seasonal sIir1up Is Included in the services, or an inspection by Trane
prior to corm'Iencement of the services. inclcates repairs are required, Trane wi. provide a
quotation for such repeirs. tf Customer does not authorized such repairs, Trane rrey
removo the u~ Equ;prr..t from tho 'Equlpmont Covoroge' or'Scopo of-.'
sections of this Agreement and 8djuSI the Service Fee ecc::onirQy, or at Tr.,.'. option,
cancel this Agreement. During the Term, Trane mly elect to instlllJattach to Customer
equipment or provide portable devices (hardware and/or software) for ellec;uUon of control or
d_Uc procedures. Such _ces shell101TBln \he penoneI propnetery property eI
Trane and sh8II in no event shall become a fixture of QJstomer locations. Customer shall nol
acquire any interest. tile or equity in any hardware, software, processes. and other
inlellectual or proprietary rights 10 devices used in connection with providlng serW:e on
Customer equipment. Trans reserves lhe rlg,t to remove such Items at its ciscrelion.
e, C.._ ObUgaUono, Customer shall:
a. Provide Trane reasonable and safe access to 811 Equipment;
b. Rel_ Trane for servtces, repeirs. and/or replacements performed by
Trone beyond tho.Scopo of Servicot' or otherwise _uded~. Such
reintJurserrent shall be 8t the then prevailing OY8f1lme/hOIiday rates for labor
and ptices for material. and rTI8y 81 T.......'. option be Il.tljecl: to a aeparllte
written a~' prior to Its undertaking such woOl; and
c. Unleu water tratment i. exprellly included in T~'I Scope of s.Yice.,
provide professional COCJtlng tower water treatment In accordance with any
reasonable recorrmendallons provided by T18r'Ie.
7. Exctueto... Un.... expres.ly included in -Scope of Services" or -Equipmenl
Coverage," the services 10 be provtded by TlW'l8 do not inClude, and Trane IhaII not be
liable for, any of the following:
a Any guarantee of room conditions or system performance:
b Inspection, maintenance, repair, replacement of or services for: chilled water
and condenser water pu~ and piping; electrical disconnect s'!\itmea or
circuit breakers; motor starting equipment and interconnecting power wiring;
recording or portable instruments. gauges or thermometers; any pipe covering
Of insulation containing asbestos. or non-meintalnable parts of the system
sud1 as unit ceblnets, shells, d_, electrical wirtng, hydrOOc piping,
structural supports, boiler refractory IT8teri~ and shells, storage tanks ancl
sirmar items; the appearance of decorative C81ing or cabinets; dafT'8Q8
sustained by other equipment or Syslenw: andlor any failure. misadjuslment or
deslgn deIIdendes In oilier equipment or systemo;
c. Repeirs or replacement of perts rrede necessary as 8 result of e1eclrlcal
power failure, low voltage, burned out rnsin or branch fuses. low water
pressure, vandalism. misuse or abuse, ift1)rOP8f operation, unauthorized
atlenltlon of Equipment, accident, negligence of Customer or others, dall'l!llQe
due to freezing weather, calarnty or ma'idous act;
d. Arty darrege or malfunction resulUng frcm freezing. contarnnation, corrosion
or erosion on the water side of the equipment or caused by scate or sludge on
intemal tubes except where water treatment protection services are provided
by Trane as part orthisagreemenl;
e Furnishing any iterr. or equipment, material, or labor, or performing special
tests recommended or required by Insurance companies or f~. state, or
1_ governments;
Failure or inadequacy d any structure or foundation supporting or surrounding
the Eq....pment or any portion thereof;
Building access or alterations that might be necessary to repair or replace
Customer'. exi.ting equipment;
The nomel function of starting ancl stopping the Equipment or lhe opening
and dosing cI valves, daft1)8rS or regulators nonT8lly Installed to protect the
Equipment against damage;
Ally responsibility for des&on or redesign of the system or the Equipment,
obsolescence, safely tests. or removal or reinstallation of valve bodies and
da"","",' and
Arty service., daims, or damage' arising out of Customer's failure to comply
with its obligations under this Agreement.
I. W.rnntln. (a) Trane manufactured matenal suppUed is warranted be free from
defect in IT'8tenal and IT8nufactur. for a period of twelve ITOnths from dale of start--up or
replacement II'ld Trane'. obligation under this warranty illimited to repairing or replacing
the defective part at its option; (b) labor is warranted (to have been property perl"onned) for a
period of 90 days from completion n Trane', obItgalion lJlder this warranty i,limited to
correcting any ~"'4Jl'operIy perfonned labor; and (c) non- Trane eq....pment and/or parts are
not warranted by Trane and shall have such warranties as are extended to Trane by the
respective manufact...er. THE FOREGOING WARRANnES ARE IN UEU Of' ALL
OTHER WARRANTlES, EXPRESS, IMPLIED. OR STATUTORY. INCLUDING THE
IMPUED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND
MERCHANTABILITY.
g.
h.
I. I_ntty.nd Liability, Trane and Customer shall indemnify, defend and hold eecI1
other harmesl from any and all daims, actions, costs, expenses, darreges and liabilities,
indudlng reasonable attorneys' fees. resulting from death or bocIIy injury or damage to real
or penoneI property, to the extent ceused by the negligence or nioconduct of \he
indermifying party, and/or its respective 8fT1)Ioyees or agents. If the parties are both at
faul~ \he obllgetion 10 indermlfy shell be proportional 10 their relotive fault. The duty 10
indetmify v.MI continue in full force and effect. notwithstanding the expiraUon or elIrty
termination hereof. with respect to any dalrre based on facts or conditions that occurred
prior 10 expiraUon or temination. NOlWITHSTANDlNG ANY CONTRARY PROVISION,
NEITHER PARTY SHALL BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES Of' ANY NATURE WHETHER CLAIMED UNDER CONTRACT. WARRANTY,
NEGLIGENCE. STRICT IJAIIILITY OR ANY OTHER LEGAL THEORY OR FACTS.
10. Aabesa and Hazardouli Material.., Tr_'. seMce' expr....y ewude 110)'
identification, abatement, deenup, control, disposal, removal or oth<< work connected with
eobello. or _ hoza-dous mal8rilll. (collectively, 'Haurdouo Moteriol.'). Should Trone
become aware of or suspect tn. presence of Hazardous Matena'" Trane rrey Immedialely
stop work in the affecIed area ancI shall notify Customer. Customer will be responsib&e for
taking any and all actioo necessary to correct the condition in accon:lance with all applicable
laws and regulations. Customer shaH be exduslvely responsible for any daims. lidty,
fees and penalties, and the payment thereof, arising out of or relating to any Hazardous
Materials on or about !he prerrises, not b~ onto the prerrises by Trane. Trane shall be
required to resume perforn'Bnce of the services only VttIen the affected ..ea has been
rendered harmless.
11. INWllnc.. Trane agrees to rreintain insurance In the following minirrum amounts
dufing \he Term:
~ctel General ~ty - 51,000,000 per occurrence
Automobile U_ty - 51,000.000 CSL
Wor1<ers ClJf11>ensetlon - Slatulory Units
12. Force -.,..... Trane shall not be considered to be in default hereunder VttIen a
failur. of performance is due to an Event of Force Majeure. Art -Event cI Force Majeure-
shall mean any cause beyond the control of Trane and which by the .xercise of due
diligence Trane COI.dd not reasonably have been expected to avoid and which it has been
t..nabte to overcome. WithoU: limiting the foregoing, -Event of Force M8;eur." indudel: Et,
eI God end lhe pobilc enemy; ncod, eorthquake, Iomedo, stann, nra; dvll dlsobedlence,
labor disputes, Iebar or malerlal shorlageS, or sebotege, r_nl by court order or public
authority (whether _ or lnvolld), and edion or non-actlon by or I_tily 10 _ or keep
in force the neceIIoS'Y govemrrenlal auU1orlzationl, pemits, Ik:enses. cer1Iflcalel or
approvals if not caused by the fault d Trane. tf Trane is rendered ~ to fUlUl any of its
obtIgalions under INs ~t by l'88Iort of an Evenl fA Force MII}lure it shall give
prompt written notice of such f1lcl" Cuotomer end Trone'. obligotiono_ be ___
until removal of the Event of Force Majeure.
13. Servlc.. Other Than Solely Scheduled Service, tf Tra18" service. hereunder..
not Ilnited soIo1y to SCheduled SOnIice, the following proviotons _ aloo 8PPY: (e)
Required restoration shell be perfOfTllOd by Customer allts coot prior to Trone being
obllgaled to perform 11ereu'-; (b) any changes, adjustments, servtce or repairs mode 10
the Equipment by any party aiher' than Trane. unless approved by Trane in writing, rnJy. at
Trane's option, terminate Tr..,.', obligation to render further lerYice to ... EquipmenllO
affected; in such case no refund cI any portion of the Service Fee shall be mBde; and (c)
Customef shall (i) proIl1lIly notify Trane of ony unusual performonco of Equipment; (II)
pomil only Trane personnel 10 repelr or adjust Equipment endIor control. dufing the TOITll;
and (IIi) utiUze qualified per1CMeI to properly operate the Equipment In accordance with lhe
applicable operating manuels snd reconvnended procedures.
14. General. This Agreement contains all of the agreements, representations and
undOlSlendlngs of the parties ond superMdes aN previous undenIendlngs, cormitments or
agreements, oral or 'NriUen, relaled to the sub;ect miller hereof. If any pari cI this
Agreement is deemed to be unlawful, InYelld, YOid or otherwise unenforceebie, the rt~ts
and obligations of \he perties shell be reduced only to the eldenl required to rBfl'<l\IO the
invalidity or unenforC88billty. Customer mly not~, transfer, or convey this~,
or"'y port hereof, without the written consent of Trane. Subject 10 the foregoing, this
Agreement shall bind end in..e to the benefit of the porties hereto end their pem;1ted
successors and assigrls. Except a. provided for SOnIice Fee adjustments, no rrodlncetions,
additions or changes ny be made to thi, Agreement except In a writing signed by both
parties. This Agreement nwy be execuled in several counterp8rts, eech of VttIIch when
executed shall be deemed 10 be en original, bul ell logether shal conotltute but one end the
same Agreement. A fully execulecl facslnile copy hereof or the several counlerJ]8rts shall
suffice a. In original.
1.28.130-7 (1101)
Page 17