#10-5468 (Tampa Bay Systems Sales)
1-
Southwest Florida Trane
6461 Topaz Court
Fori Myers, FL 33912
239-275-9420
888-484-9420 Toll Free
800-966-8252 Toll Free Service Dispatch
239-275-9775 Fax
e TRANE
www.tampabaytrane.com
New - Scheduled Maintenance Agreement
MB-052308-1
Date:
November 25, 2009
Submitted Bv:
Mike Brousil
Prepared For:
Mr. Damon Gonzalez
Collier County Board of Commissioners
3301 E. Tamiami Trail Building
Naples, FL 33962
Service Location:
Multiple Service Locations
Southwest Florida Trane
. TRANE
MAINTENANCE AGREEMENT
This agreement, dated November 25, 2009, declares that Southwest Florida Trane, herein
referred to as "TBT", agrees to furnish services described in accordance with the "General Terms
and Conditions" and all other specifications provided as a part of this agreement. Further, this
agreement shall become effective only upon acceptance by CUSTOMER and approval by TBT.
1) SERVICE LOCATION: Services detailed herein will be performed on equipment located
and installed at multiple service locations. All prices listed per site are annual rates that
will be invoiced in quarterly amounts.
2) EQUIPMENT COVERAGE: Services detailed herein will be performed on the equipment
detailed in the tables below. Equipment may be added or deleted in writing as required by
customer:
Immokalee Jail
Mfr Equipment Type Model Number Serial Number
Trane Air-Cooled Screw Chiller RT AA070 U02C03646
Trane Air-Cooled Screw Chiller RT AA070 U02C03647
Price: $7,830
S off' SOlO
$
hen s specla JPerations Price: 7,100
Mfr Equipment Type Model Number Serial Number
Trane Air-Cooled Screw Chiller RT AA070 U07 J04599
Trane Air-Cooled Screw Chiller RTAC185 U07 J04516
Trane Building Control Unit BMTX
Price: $3,400
Model Number Serial Number
CGAC40
Price: $4,300
Model Number Serial Number
RTAC
N
N
$
orth aPles Reaional Park Price: 7,100
Mfr Equipment Type Model Number Serial Number
Trane Air-Cooled Screw Chiller RTAC170 U05F01767
Trane Air-Cooled Screw Chiller RTAC170 U05F01768
C
C
P
$
oilier ountv Main lant Price: 20,080
Mfr Equipment Type Model Number Serial Number
Trane Centrifugal Chiller CVHF077 L08B01080
Trane Centrifugal Chiller CVHF064 L03M08458
Trane Water-Cooled Screw RTHD U06E07825
Chiller
Trane Summit BCU BMTW
Scheduled Maintenance Agreement: MB-052308-1
Collier County Board of Commissioners
-1-
SWFT-NSCHED/201030107
Southwest Florida Trane
. TRANE
Collier County Jail
Price: $4,700
Mfr Equipment Type Model Number Serial Number
Trane Water-Cooled Screw RTHC U02E04912
Chiller
Price: $4,300
Model Number Serial Number
RTAA125 U03009738
CIO Buildino Price: $4,700
Mfr Equipment Type Model Number Serial Number
Trane Air-Cooled Screw Chiller RTAC155 U02004338
Trane Summit System BMTW -
Emeroencv ODe rations Price: $7,600
Mfr Equipment Type Model Number Serial Number
Trane Air-Cooled Screw Chiller RTAC300 U07K06195
Trane Air-Cooled Screw Chiller RT AC300 U07K06196
Trane Summit BCU BMTX
South County Library
Price: $7,100
Mfr Equipment Type Model Number Serial Number
Trane Air-Cooled Screw Chiller RT AA080 U07XXXXXX
Trane Air-Cooled Screw Chiller RT AA080 U07XXXXXX
Also Includes:
1. All pumps for chilled and condenser water in all locations. Does not include tertiary
building pumps. Only includes pumps directly feeding the chillers, ice farm pumps,
and secondary pumps (main loop pumps).
2. Cooling towers at the main plant and jail.
3. Variable Frequency Orives on all chiller plant pumps and tower fans.
4. Standard Annual parts (oil and purge filters) on Water Cooled Chillers
3) MAINTENANCE PROGRAM: Scheduled Maintenance Agreement
a) 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.
b) REPLACEMENT PARTS & COMPONENTS: Parts and materials shall be
provided as authorized and invoiced extra to the contract price.
c) WRITTEN REPORTS: Written reports will be provided to the customer
representative following each regular inspection or emergency call.
d) PREFERENTIAL SERVICE AND AGREEMENT SERVICE RATE: This
agreement includes preferential service scheduling to the customer over non-
agreement customers. Any additional work outside of the scope and terms of
this agreement will, upon customer acceptance, be scheduled on a priority basis
Scheduled Maintenance Agreement: MB-052308-1
Collier County Board of Commissioners
- 2-
SWFT-NSCHEDI2,OI030107
Southwest Florida Trane
. TRANE'
and charged a special "contract service rate". This "Contract Service Rate" is
offered to agreement holding customers, and is specified in the prevailing rate
schedule in effect at the time the work is performed. The rate and rate schedules
are subject to change with thirty (30) days written notice to customer.
e) SERVICE EDUCATION SEMINAR TUITION DISCOUNT: Customers who accept
any Select Maintenance agreement or a Scheduled Maintenance agreement with
an inspection frequency of 4 (four) times per contract year or greater, are eligible
for a 50% discount on selected Service-Owner/Operator Seminars for customers
and their employees.
4) SCOPE OF SERVICES:
a) INSPECTION TYPE: Maintenance agreement inspections will be performed
based on the "Maintenance Schedule" portion of the "Inspection Detail" table
below. Details relating to the "Maintenance Schedule" are based on equipment
type and are provided as a supplement to this agreement.
Inspection Detail
Quantity Equipment Schedules
II Air-Cooled Screw Chillers ROT-310, ROT-330
2 Air-Cooled Scroll Chillers SCR-210, SCR-230
3 Centrifugal Chillers CTV-211, CTV-230
2 Water-Cooled Screw Chillers ROT-I 10, ROT-III
All (30+) Pumps-chilled and condenser PMP-IIO, PMP-lll
All Cooling Towers CLT-IIO, CLT-130
All Variable Frequency Drives MSC-130
All Summit Controls
b) INSPECTION FREQUENCY Coverage under this agreement includes one (1)
comprehensive annual inspection and five (5) periodic maintenance
inspection(s) per contract year.
c) ADDITIONAL CONTRACTED SERVICES AND FREQUENCY: Details of
additional services and/or coverage provided under this agreement are provided
in the "Additional Contracted Services" table below:
Additional Contracted Services
Frequency Service Specifications
Annually Condenser tube brushing. During comprehensive annual
inspection.
Annually Oil analysis, centrifugal and screw During comprehensive annual
chillers. inspection.
Annually Vibration analysis, water-cooled During comprehensive annual
chillers. inspection.
2X Annually Condenser coil cleaning. At six month intervals
.
d) CUSTOMER SPECIFICATIONS:
Not Applicable
Scheduled Maintenance Agreement: MB-052308-1
Collier County Board of Commissioners
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SWFT-NSCHED/20/Q30107
Southwest Florida Trane
. .TRANE
e) EXCLUSIONS: Additional to those items specifically addressed in the "General
Terms and Conditions", the following items are also excluded from coverage:
*
Any service not listed.
Evaporator tube brushing.
.
f) NOTES
. All work is to be performed during normal business hours, Monday - Friday,
8am to 5pm.
5) EFFECTIVE TERM AND START DATE: The initial term of this Maintenance Agreement
shall be 1 (one) year(s) beginning on March 15, 2010. TBT will have no obligation to
Customer prior to approval of this Maintenance Agreement in writing as provided below
by an authorized representative of TBT.
6) SERVICE FEE: The above quoted fees are annual amounts and total out to $78,210
annually for all sites. Invoices will be issued in bi-monthly amounts of $13,035 and are
not required to be paid until the bi-monthly services are performed as outlined in the
"Scope of Services" and "Maintenance Program" sections hereof with respect to the items
listed in the "Equipment Coverage" section.
This proposal will remain valid until 3/31/2010, unless accepted by customer prior to this
date.
CUSTOMER ACCEPTANCE
A TRANE ACCEPTANCE
This proposal and the "General Terms and Conditions" on
the next page(s) are hereby accepted:
Collier County Board of County Commissioners
Company
Chairman ~. W.
Title
Allison
rized Representative
Tampa Bay System Sales, Inc.
dba I Southwest Florida Trane
Company
Fred W. Coyle,
Authorized Representative
c+
!
President
Tille
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Acceptance ... te
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Acceptance Date
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Scheduled Maintenance Agreement: MB-052308-1
Collier County Board of Commissioners
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SWFT -N SC H ED/2. 010301 07
Southwest Florida Trane
. TRANE
COMPREHENSIVE ANNUAL INSPECTION SERVICE-Trane Centravac Chillers
CTV-211
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 and record refrigerant level.
b) Calculate refrigerant loss and report to the customer.
c) Repair minor leaks as required (e.g., valve packing, flare nuts).
d) Check vanes for free and smooth operation.
e) Check mechanical linkages for wear.
f) Drop One condenser head and brush clean tubes.
2. Purge
a) Check purge unit controls for proper operation.
b) Check and clean purge drum as required.
c) Clean strainers or replace filters as required.
d) Check the purge compressor assembly for leaks as required.
e) Check the purge unit for proper operation.
3. Controls and Safeties
a) Verify all settings in the electronic control panel.
b) Inspect the control panel for cleanliness.
c) Inspect wiring and connections for tightness and signs for overheating and discoloration.
d) Verify the operation of the vane control system:
e) Verify the working condition of all indicator/alarm lights and LED/LCD displays.
f) Verify the operation of the oil sump temperature control device.
g) Test high condenser pressure safety device. Calibrate and record setting.
h) Test low evaporator temperature safety device. Calibrate and record setting.
i) Test low oil pressure safety device. Calibrate and record setting.
j) Test high motor temperature safety device. Calibrate and record.
k) Test operation of chilled water pump and condenser water pump starter auxiliary
contacts.
4. Lubrication System
a) Check oil for acid content and discoloration. Make recommendations to the customer
based on the results of the test.
b) Measure and record the oil pump voltage and amperage.
c) Verify the operation of the oil heater Measure amps and compare readings with the watt
rating of the heater.
d) Change the oil filter.
e) Verify the oil level
5. Motor and Starter
a) Clean the starter and cabinet.
b) Inspect wiring and connections for tightness and signs of overheating and discoloration.
c) Check condition of the contacts for wear and pitting.
d) Check contactors for free and smooth operation.
e) Check the mechanical linkages for wear, security, and clearances.
f) Check tightness of the motor terminal connections.
g) Meg the motor and record reading.
h) Verify the operation of the electrical interlocks.
Scheduled Maintenance Agreement: MB-052308-1
Collier County Board of Commissioners
- 5-
SWFT ~NSCHEDI2.01030107
Southwest Florida Trane
. TRANE
MID-SEASON RUNNING INSPECTION-Trane Centravac Chillers
CTV-230
1. Check the general operation of the unit.
2. Log the operating temperatures, pressures, voltages, and amperages.
3. Check the operation of the purge unit.
4. Check the operation of the control circuit.
5. Check the operation of the lubrication system.
6. Check the operation of the motor and starter.
7. Analyze the recorded data. Compare the data to the original design conditions.
8. Review operating procedures with operating personnel.
9. Provide a written report of completed work, operating log, and indicate any uncorrected
deficiencies detected.
COMPREHENSIVE ANNUAL INSPECTION SERVICE- Trane Water Cooled Screw Chillers
ROT-110
1. Report in with the Customer Representative.
2. Record and report abnormal conditions, measurements taken, etc.
3. Review customer logs with customer for operational problems and trends.
1. General Assembly
a) Leak-test the chiller and report the leak check results.
b) Repair minor leaks as required (e.g. valve packing, flare nuts).
c) Calculate refrigerant loss rate and report to customer.
d) Drop one condenser head and brush clean tubes.
2. Controls and Safeties
a) Inspect the control panel for cleanliness.
b) Inspect wiring and connections for tightness and signs of overheating and discoloration.
c) Verify all settings in the electronic control panel.
d) Test the low oil pressure safety device. Calibrate and record setting. .
e) Test the high motor temperature safety device. Calibrate and record setting.
f) Test the operation of the chilled water pump and condenser water pump starter auxiliary
contacts.
g) Verify the setting of the current control device.
3. Lubrication System
a) Pull oil sample for spectroscopic analysis.
b) Test the oil for acid content and discoloration. Make recommendations to the customer
based on the results of the test.
c) Change the oil filter, if required.
d) Verify the operation of the oil heater Measure amps and volts and compare the
readings with the watt rating of the heater.
4. Motor and Starter
a) Clean the starter and cabinet.
b) Inspect wiring and connections for tightness and signs of overheating and discoloration.
c) Check tightness of motor terminal connections.
d) Check condition of the contacts for wear and pitting.
e) Check contactors for free and smooth operation.
f) Check the mechanical linkages for wear, security and clearances.
g) Meg the motor and record the readings.
h) Verify the operation of the electrical interlocks.
i) Measure voltage and record. Voltage should be nominal voltage :1:10%.
Scheduled Maintenance Agreement: MB-052308-1
Collier County Board of Commissioners
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SWFT-NSCHEO/20f030107
Southwest Florida Trane
. TRANE'
MID-SEASON RUNNING INSPECTION-Water Cooled Screw Chillers
ROT-130
1. Check the general operation of the unit.
2. Log the operating temperatures, pressures, voltages, and amperages.
3. Check the operation of the control circuit.
4. Check the operation of the motor and starter.
5. Analyze the recorded data. Compare the data to the original design conditions.
6. Review operating procedures with operating personnel.
7. Provide a written report of completed work, operating log, and indicate any uncorrected
deficiencies detected.
COMPREHENSIVE ANNUAL INSPECTION SERVICE-Air Cooled Screw Chillers
ROT-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
a) Inspect for leaks and report leak check result.
b) Repair minor leaks as required (e.g. valve packing, flare nuts).
c) Calculate the refrigerant loss rate and report the results to the customer.
d) Check the condenser fans for clearances and free operation.
e) Check tightness of condenser fan motor mounting brackets.
f) Check the set screws on the fan shafts.
g) Pressure wash condenser coils. (2X per year, six month intervals).
h) Verify the performance of the fan control inverter VFD, if applicable.
i) Grease bearings as required.
2. Controls and Safeties
a) Inspect the control panel for cleanliness.
b) Inspect wiring and connections for tightness and signs of overheating and discoloration.
c) Verify the working condition of all indicator/alarm lights and LED/LCD displays.
d) Test oil pressure safety device (as required). Calibrate and record setting.
e) Test the operation of the chilled water pump starter auxiliary contacts.
3. Lubrication System
a) Pull oil sample for spectroscopic analysis.
b) Test oil for acid content and discoloration.
c) Make recommendations to the customer based on the results of the test.
d) Verify the operation of the oil heaters.
4. Motor and Starter
a) Clean the starter cabinet and starter components.
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 contactors for free and smooth operation.
e) Check all mechanical linkages for wear, security and clearances.
f) Verify tightness of the motor terminal connections.
g) Meg the motor and record readings.
h) Verify the operation of the electrical interlocks.
i) Measure voltage and record. Voltage should be nominal voltage :1:10%.
Scheduled Maintenance Agreement: MB-052308-1
Collier County Board of Commissioners
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SWFT-NSCHED/2.0/030107
Southwest Florida Trane
. THANE'
MID-SEASON RUNNING INSPECTION-Air Cooled Screw Chillers
ROT -330
1. Check the general operation of the unit.
2. Log the operating temperatures, pressures, voltages, and amperages.
3. Check the operation of the control circuit.
4. Check the operation of the lubrication system.
5. Check the operation of the motor and starter.
6. Analyze the recorded data. Compare the data to the original design conditions.
7. Review operating procedures with operating personnel.
8. Provide a written report of completed work, operation log and indicate any uncorrected
deficiencies detected.
COMPREHENSIVE ANNUAL INSPECTION SERVICE- Air Cooled Scroll Chillers
SCR-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) Inspect for leaks and report results.
b) Calculate refrigerant loss rate per EPA guidelines and report to the customer.
c) Repair minor leaks as required (e.g. valve packing, flare nuts).
d) Pressue wash condenser coils (2X per year, six month intervals).
e) Grease the condenser fan bearings, if applicable.
2, Controls and Safeties
a) Inspect the control panel for cleanliness.
b) Inspect wiring and connections for tightness and signs of overheating and discoloration.
c) Verify the working condition of all indicator/alarm lights, if applicable.
d) Test the operation of the low water temperature safety device. Calibrate and record
setting.
e) Test the operation of the low evaporator pressure safety device(s). Calibrate and record
setting.
f) Check programmed parameters of SCM/SMM control, if applicable.
3. Lubrication System
a) Check oil level in the compressor(s).
b) Test oil for acid content and discoloration. Make recommendations to the customer
based on the results of the test.
c) Verify the operation of the oil heater. Measure amps and compare reading with the watt
rating of the heater, if applicable.
d) Grease the condenser fan bearings, if applicable.
4. Motor and Starter
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) Check the tightness of the motor terminal connections.
e) Meg the motor(s) and record readings.
f) Verify the operation of the electrical interlocks.
g) Measure voltage and record. Voltage should be nominal voltage :1:10%.
Scheduled Maintenance Agreement: MB-052308-1
Collier County Board of Commissioners
- 8 -
SWFT-NSCHEDI20103010?
Southwest Florida Trane
. TRANE'
MID-SEASON RUNNING INSPECTION-Air Cooled Scroll Chillers
SCR-230
1. Check the general condition of the unit.
2. Check the operation of the control circuit.
3. Check the operation of the motor(s) and starter(s).
4. Log the operating conditions after the system has stabilized.
5. Analyze the recorded data. Compare the data to the original design conditions.
6. Review operating procedures with operating personnel.
7. Provide a written report of completed work, operating log, and indicate any uncorrected
deficiencies detected.
ANNUAL INSPECTION-Pumps
PMP-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) Check motor shaft and pump shaft for alignment, if applicable.
b) Inspect the coupling for wear.
c) Verify that the shaft guard is in place and tight, if applicable.
d) Verify water flow through the pump.
e) Check for leaks on the mechanical pump seals, if applicable.
f) Verify proper drip rate on the pump seal packing, if applicable.
g) Verify smooth operation of the pump.
h) Provide a written report of completed work, operating log, and indicate any uncorrected
deficiencies detected.
2. Lubrication
a) Lubricate the motor bearings as necessary.
b) Lubricate the pump bearings as necessary.
3. Motor and Starter
a) Clean the starter and cabinet.
b) Inspect wiring and connections for tightness and signs of overheating and discoloration.
c) Meg the motor.
d) Verify tight connections on the motor terminals.
e) Check the condition of the contacts for wear and pitting, if applicable.
f) Check the contactors for free and smooth operation.
g) Verify proper volts and amps.
RUN INSPECTION-Pumps
PMP-111
1. Verify smooth operation of the pump.
2. Check for leaks on the mechanical pump seals, if applicable.
3. Verify proper drip rate on the pump seal packing, if applicable.
4. Provide a written report of completed work, operating log, and indicate any uncorrected
deficiencies detected.
Scheduled Maintenance Agreement: MB-052308-1
Collier County Board of Commissioners
- 9-
SWFT -NSCHED/2.010301 07
Southwest Florida Trane
. TRANE
COMPREHENSIVE ANNUAL INSPECTION-Cooling Towers
CL T-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) STRUCTURE
1. Disassemble all screens and access panels for inspection.
2. Inspect the conditions of the slats, if applicable.
3. Inspect the condition of the tower fill.
4. Pressure clean fill and clean basins.
5. Inspect the condition of the support structure.
6. Inspect the condition of the basins (upper and lower) and/or spray nozzles.
7. Verify clean basins and strainer(s).
8. Verify the condition and operation of the basin fill valve system.
b) MECHANICAL
1. Inspect belts for wear, cracks, and glazing.
2. Verify correct belt tension. Adjust the tension as necessary.
3. Inspect sheaves and pulleys for wear, condition, and alignment.
4. Inspect fan shaft and bearings for condition.
5. Inspect fan assembly for condition, security, and clearances. (e.g. blade tip
clearance).
2. Lubrication System
a) Lubricate motor bearings.
b) Lubricate fan shaft bearings.
3. Motor And Starter
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 contactor(s) for free and smooth operation.
e) Meg the motor( s) and record readings.
f) Check disconnect terminal block for wear, tightness and signs of overheating and
discoloration.
g) Check the condition and operation of the basin heater contactor(s).
MID-SEASON RUNNING INSPECTION-Cooling Towers
CL T-130
1. Check the general operation of the tower.
2. Verify clean basins and strainers.
3. Verify proper water level in the basin.
4. Verify proper operation of the water level control device.
5. Verify smooth operation of the fan(s).
6. Verify proper operation of the bypass valve(s), if applicable.
7. Review operating procedures with operating personnel.
8. Provide a written report of completed work, operating log, and indicate any uncorrected
deficiencies detected.
Scheduled Maintenance Agreement: MB-052308-1
Collier County Board of Commissioners
-10 -
SWFT -NSCHEO/2.01030107
Southwest Florida Trane
. TRANE
VARIABLE FREQUENCY DRIVES
MAINTENANCE PROCEDURE
MSC-130
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.
SUMMIT BCU
MAINTENANCE INSPECTION
CNT-145
1. Report in with the Customer Representative.
2. Review customer reports with the customer for operational problems and trends.
1. Control Panel
a) Verify secure connections on all internal wiring, LAN, and communication links.
b) Back up program and store on site in cabinet.
c) Check for loose or damaged parts or wiring.
d) Check for any accumulation of dirt or moisture. Clean if required.
e) Remove excessive dust from heat sink surfaces
f) Verify proper system electrical grounding.
g) Verify proper output voltages on control panel power supplies.
h) Check LED Indications to verify proper operation of BCU transmiUreceive activity on the
ARCNET LAN.
i) Verify that cards are seated and secured.
j) Check UCM wiring trunks and check for possible Error Code Indications
k) Verify the proper operation of critical control processes and points associated with this
unit an make adjustments if necessary.
I) Check Volatile memory available
m) Cheek Non volatile memory available
n) Check Processor idle time
0) Dump the BCU System Diagnostic Array and Analyze
p) Run the BCU Mini-monitor for each BCU to check for any error statements and/or codes
q) Clean external surfaces of the panel enclosure.
r) Check modem operation, if applicable.
s) Verify correct time and date.
t) Review operating procedures with operating personnel.
u) Provide a written report of completed work, and indicate any uncorrected deficiencies
detected.
Scheduled Maintenance Agreement: MB-052308-1
Collier County Board of Commissioners
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SWFT-NSCHED/2_01030107
General Terms and Conditions
Service & Repair and Maintenance Aareements
R10 EFF 04/0112007
The following "Terms and Conditions" are attached to and made a part of the T8T
proposal for Service & Repair work andfor a Maintenance Agreement between the
named Customer and TBT. The combination shall constitute the Agreement
between the parties.
1. Proposal Validity. Unless otherwise indicated in the TST proposal or if
customer acceptance is received prior to, all Service and Repair or Maintenance
Agreement proposals, inclusive of "Service Fee", scope, and all other details, will
remain valid until midnight of the 60th (sixtieth) calendar day following the date of
creation of the proposal
2. Term. The term of this agreement is one year beginning on March 15,2009
and ending on March 14, 2010
3. Maintenance Agreement Renewal, This contract may be renewed upon
mutual agreement of both parties.
4. Payment and Taxes. Except as may otherwise be provided in the TBT
proposal the following payment terms apply for the various types of work offered
by TBT: a) Service & Repairs: payment due in accordance with Chapter 218
Florida Statutes, also known as the "Local Government Prompt Payment Act"; b)
Scheduled Maintenance Agreements: "Service Fee" is due quarterly following the
receipt of invoice. Collier BOCC is not required to pay any invoice if services are
not complete; Interest on unpaid balances may be charged by TBT in accordance
with Chapter 218, Florida Statutes, also known as the Local Government Prompt
Payment Act. Without liability to Customer, TBT may discontinue services
whenever payment is overdue. In addition to the stated "Service Fee", Customer
shall pay all taxes that TBT is not legally obligated to pay. In case it becomes
necessary to place this account in the hands of an attorney for collections, the
above named applicant as well as the undersigned, agree to pay a reasonable
attorney's fee for making such collection as well as interest in accordance with
Chapter 218, Floirda Statutes, also known as the Local Government Prompt
Payment Act If any legal action becomes necessary, such proceedings will be
conducted in Collier County, Slate of Florida.
5. Termination. This Agreement may be terminated by either party upon a
material breach by the other party of its obligations hereunder upon fourteen (14)
calendar day prior written notice to the breaching party and the failure of the
breaching party to cure the breach within such fourteen (14) day period
Notwithstanding any termination, Customer shall remain liable to TBT for any
amounts for services provided by TBT and not then paid
a
6. Acceptance & Commencement. Customer acceptance shall be provided to b
TBT in by one or all of the following methods: 1) TBT receipt of a customer signed
copy of the proposal via postal delivery, facsimile, or other method; 2) Issuance of
a purchase order, to TBT, in an amount equal to the "service fee", referencing the
proposed scope of services, and/or referencing the entire term of the agreement
Unless stated otherwise, TBT will commence delivery of service beginning the first
business day of the calendar month following initial customer acceptance. Upon
receipt of acceptance, TBT will assemble field personnel to schedule and
commence work based on the agreed scope
FM & FM Select Maintenance Agreements ONLY: FM & FM Select Maintenance
Agreements will be accepted by TBT only after the completion of a major annual
inspection by TBT. The cost of this inspection and any additional parts and labor
required to bring the equipment to industry standards will be paid by the owner at c
prevailing rates. If Customer does not authorize such repairs, TBT may remove
the unacceptable Equipment from the "Equipment Coverage" and/or "Scope of
Services" sections of this Agreement and adjust the "Service Fee" accordingly, or
at the discretion of TBT, cancel this Agreement This requirement may be waived d.
at the sole discretion of TBT if the unit has undergone initial startup within eighteen
month's or a TBT major annual inspection within 6 months of customer acceptance
of the agreement
7. Performance. T8T shall perform the seNices described in the "Scope of
SeNices" and for Maintenance agreements, the "Scope of Services" and e
"Maintenance Program" sections of this Agreement to the listed Equipment with
reasonable promptness in a workmanlike manner in accordance with industry
standards generally applicable in the area. Except as otherwise provided in writing f.
in "Scope of Services," services will be performed during TBT normal business
hours and any after-hours services shall be billed separately according to then
prevailing overtime or emergency labor rates. The duty of TBT to perform under g
this Agreement and the "Service Fee" are subject to the approval of the TBT credit
department, are subject to Events of Force Majeure, and are contingent upon the h
ability to procure materials from the usual sources of supply. Upon disapproval of
the credit department or upon the occurrence of any such event as aforesaid, TBT
may delay or suspend pertormance or, at its option, renegotiate the "Service Fee",
and/or terms and conditions with the Customer. If TBT and Customer are
unable to agree on such revisions, this Agreement shall be canceled without
any liability, other than Customer's obligation to pay for services rendered by
T8T up to the date of cancellation.
This Agreement presupposes that all major pieces of equipment are in
proper operating condition as of the date hereof. Services furnished are
premised on the Equipment being in a maintainable condition. If initial or
seasonal startup is included in the scope of service, or an inspection by TST
prior to commencement of the services, indicates repairs are required, TBT
will provide a quotation for such repairs If Customer does not authorize
such repairs, TBT may remove the unacceptable Equipment from the
"Equipment Coverage" or "Scope of SeNices" sections of this Agreement
and adjust the "SeNice Fee" accordingly, or at the discretion of TBT, cancel
this Agreement
With respect to equipment covered under an FM or FM Select Maintenance
Agreement, TBT shall be granted the authority to shut down equipment
when required to investigate or repair an observed operational problem.
However, TBT may not initiate the equipment shut-down without prior
notification to the customer.
During the term of the agreement, TBT may elect to install, attach, or provide
portable devices (hardware and/or software) for execution of control and/or
diagnostic procedures on Customer owned equipment Such devices shall
remain the exclusive and proprietary property of TBT and shall in no event
become a fixture of customer locations. Customer shall not acquire any
interest, title or equity in any hardware, software, processes, and other
intellectual or proprietary rights to devices used in connection with providing
seNice on Customer equipment TBT maintains the right to remove such
items at its sole discretion.
8. Customer Obligations. Customer shall'
a. Provide T8T reasonable and safe access to all equipment;
b. Operate and adjust equipment according to OEM recommendations;
c. Reimburse TBT for services, repairs, and/or replacements performed
by TBT beyond the "Scope of Services" or otherwise excluded
hereunder. Such reimbursement shall be at the then prevailing rates
for labor and prices for materials and may, at the option of TBT, be
subject to a separate written agreement prior to its undertaking such
work; and
d. Unless water treatment is expressiy included in the TBT "Scope of
Services" and/or "Additional Contracted SeNices", provide professional
cooling tower water treatment in accordance with reasonable
recommendations provided by T8T
9. Exclusions. Unless expressly included in 'Scope of Services",
"Equipment Coverage", and/or "Additional Contracted Services", the services
to be provided by TST do not include, and TBT shall not be liable for, any of
the following
Any guarantee of space conditions or system pertormance;
Inspection, maintenance, repair, replacement of, or seNices for: chilled
water and condenser water pumps and piping; electrical disconnect
switches or circuit breakers; motor starting equipment and
interconnecting power wiring; recording or portable instruments,
gauges or thermometers; any pipe covering or insulation containing
asbestos, or non-maintainable parts of the system such as unit
cabinets, shells, ductwork, electrical wiring, hydronic piping, structural
supports, boiler refractory materia! and shells, dampers sections, valve
bodies, storage tanks, and similar items; the appearance of decorative
casing or cabinets; damage sustained by other equipment or systems;
and/or any failure, maladjustment, or design deficiencies in other
equipment or systems;
Any system or machine shut-downs, failures, damages, or anomalies
caused by incoming utility service disturbances including all electric
utility transients, swells, sags, or outages recorded by machine
controllers or automation systems,
Service calls, repairs or replacement of parts associated with
electrical power quality events or outages, low voltage, fuse or circuit
breaker failures, low water pressure, vandalism, misuse or abuse,
improper operation, unauthorized alteration of equipment, accident,
negligence of Customer or others, damage due to freezing weather,
erosion or corrosion, water leaks, mold, calamity or malicious acts;
Any damage or malfunction resulting from freezing, contamination.
corrosion or erosion on the water side of the equipment or if caused by
fouling, tube scale, or tube leaks;
Furnishing any items of equipment, material, or labor, or performing
special tests recommended or required by insurance companies or
federal, state, or local governments;
Systems modifications or upgrades to meet new codes, standards, or
regulations;
Failure or inadequacy of any structure or foundation supporting or
surrounding the Equipment or any portion thereof;
Building access or alterations that might be necessary to repair or
replace Customer's existing equipment;
Scheduled Maintenance Agreement: MB-052308-1
Collier County Board of Commissioners
-12 -
SWFT-NSCHEDI2.QI030107
k
The normal function of starting and stopping the Equipment or the opening
and closing of valves, dampers or regulators normally installed to protect the
Equipment against damage:
Any responsibility for design or redesign of the system Of the equipment, or
its obsolescence due to norma! aging and wear;
Pre-existing coil conditions including partial coil blockage due 10
accumulation of dirt over time;
Any services, claims, or damages arising out of Customer's failure to comply
with its obligations under this Agreement
m.
10. Water Treatment Services, Condenser Tube Bundle and Cooling Tower
Coverage. When TBT provides water treatment services its responsibilities
associated with such services are as follows: (a) Water Treatment Services
ONL Y- T8T accepts no financial responsibility for the Chiller's Tubes nor for any
component of the Cooling Tower; (b) Scheduled Maintenance Agreement on
Chillers and Cooling Towers, and/or evaporative condensers - T8T accepts no
financial responsibility for the condenser and/or evaporative tubes or for any
component of the Cooling Tower; (e) FM or FM Select Maintenance Agreement on
Chillers, Evaporative Condensers, and Cooling Towers - T8T will only accept
financial responsibility for the condenser and/or evaporative tubes contained in a
Chiller or evaporative condenser, upon completion of an eddy current tube test,
performed under authority of TBT, for each tube included in every tube bundle,
within 30 days of the commencement of this agreement. Eddy current testing
performed outside of the authority of T8T must be evaluated and accepted by T8T
prior to acquiescence of financial liability. In either circumstance, TBT will have the
right to accept or decline financial responsibility for those items not within proper
operating condition. TBT will accept financial responsibility for the cooling tower
only upon completion a vibration analysis, performed under authority of TBT, of the
cooling tower fan and drive. Analysis performed outside of the authority of T8T
must be evaluated and accepted by T8T prior to acquiescence of financial liability
In either circumstance, T8T will have the right to accept or decline financial
responsibility for those items not within proper operating condition Under no
circumstances, will T8T assume financial responsibility for the following Cooling
Tower components: basin, hot deck, spray assemblies, fill, structure, fan hub, fan
blades, pipe, valves or make-up water valve or other waterside components which
are subject to corrosion and damage from normal use
ii, Warranties. (a) Trane manufactured material supplied is warranted to be free
from defect in material and manufacture for a period of twelve months from date of
start-up or replacement and the T8T' obligation under this warranty is limited to
repairing or replacing the defective part at its option; (b) labor is warranted (to
have been properly performed) for a period of 90 days from completion and the
T8T obligation under this warranty is limited to correcting any improperly
performed labor; and (c) non-Trane equipment and/or parts are not warranted by
T8T and such warranties are extended to T8T by the respective manufacturer
THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER
WARRANTIES, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED
WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND
MERCHANTABILITY. SELLER DISCLAIMS ANY LIABILITY FOR DAMAGES
OF ANY KIND ARISING FROM MOLD, FUNGUS, MICROBIAL GROWTH, OR
CONTAMINATION,
12. Indemnity and liability. T8T and Customer shall indemnify, defend, and
hold each other harmless 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 personal property, to the extent caused by the
negligence or misconduct of the indemnifying party, and/or its respective
employees or agents. If the parties are both at fault, the obligation to indemnify
shall be proportionallo 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. This indemnity is subject to the limitations of Section 768.28,
Florida Statutes, with regard to Customer NOT WITHSTANDING ANY
CONTRARY PROVISION, NEITHER PARTY SHALL BE LIABLE FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHETHER
CLAIMED UNDER CONTRACT, WARRANTY, NEGLIGENCE, STRICT
LIABILITY OR ANY OTHER LEGAL THEORY OR FACTS. SELLER DISCLAIMS
ANY LIABILITY FOR DAMAGES OF ANY KIND ARISING FROM MOLD,
FUNGUS, BACTERIA, MICROBIAL GROWTH, OR ANY OTHER
CONTAMINANTS.
13. Asbestos and Hazardous Materials. T8T services expressly exclude any
identification, abatement, cleanup, control, disposal, removal, or other work
connected with asbestos or other hazardous materials (collectively, "Hazardous
Materials"). Should T8T become aware of or suspect the presence of Hazardous
Materials, T8T 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, nol brought onto the premises by T8T TBT
shall be required to resume pertormance of the services only when the
affected area has been rendered harmless
14, Insurance. T8T agrees to maintain insurance in the following minimum
amounts during the Term: Commercial General Liability n $1,000,000 per
occurrence, Automobile Liability n $1,000,000 CSL Workers Compensation-
_ Statutory Limits. T8T shall supply Customer with a Certificate of Insurance
which indicates that Customer is an additional insured.
15. Force Majeure. T8T shall not be considered to be in default hereunder
when a failure of pertormance is due to an Event of Force Majeure An
"Event of Force Majeure" shall mean any cause beyond the control of TBT
and which, by the exercise of due diligence, T8T could not reasonably
foresee, avoid or overcome. Without limiting the foregoing, this includes: acts
of God, acts of terrorism, sabotage or attack; flood, earthquake, tornado,
storm, power quality events or outages, fire, civil disobedience, labor
disputes, labor or material shortages; 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 the fault of T8T
16. Services Other Than Listed in TBT Proposal or Maintenance
Agreement. The following provisions shall also apply. (a) Required
restoration shall be performed by Customer at its cost prior to TBT being
obligated to perform hereunder; (b) any changes, adjustments, service, or
repairs made to the Equipment by any party other than T8T, unless
approved by T8T in writing, may, at the option of TBT', terminate all T8T
obligations to render further service to the Equipment so affected; in such
case no refund of any portion of the "Service Fee" shall be made; and (c)
Customer shall (i) promptly notify T8T of any unusual performance of
Equipment; (ii) permit only T8T personnel to repair or adjust Equipment
and/or controls during the Term; and (ill) utilize qualified personnel to
properly operate and maintain the Equipment in accordance with the
applicable operating manuals and recommended procedures
17. General. This Agreement contains all of the representations and
understandings of the parties and supersedes all previous understandings,
commitments, or agreements, oral or written, related to the subject matter
hereof. If any part of this Agreement is deemed to be unlawful, invalid, void
or otherwise unenforceable, the rights and obligations of the parties shall be
reduced only to the extent required to remove the invalidity or
unenforceability. Customer may not assign, transfer, or convey this
Agreement, or any part hereof, without the written consent, which shall not
be unreasonably withheld, of T8T Subject to the foregoing, this Agreement
shall bind and inure to the benefit of the parties hereto and their permitted
successors and assigns. Except as provided for "Service Fee" adjustments,
no modifications, additions, or changes may be made to this Agreement
except in writing signed by both parties. 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.
18. Complete Agreement This Agreement shall constitute the entire
Agreement between both parties and 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
T8T is a signatory thereon
Tampa Bay Systems Sales, Inc.
D8AfTampa Bay Trane & Southwest Florida Trane
R10EFF 04/01/2007
Scheduled Maintenance Agreement: MB-052308-1
Collier County Board of Commissioners
- 13-
SWFT-NSCHED/2.0/030107
17251
ACORDm CERTIFICATE OF LIABILITY INSURANCE I DATE (MMfDDIYYYY)
311112010
PRODUCER Commercial Lines - (727) 796~6666 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTtFICATE
Wells Fargo Insurance Services USA, lnc, HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORPED BY THE POLICIES BELOW.
311 Park Place Boulevard, Suite 400
Clearwater, FL 3375g~3g23 tNSURERS AFFORDING COVERAGE NAIC#
INSURED Tampa Bay Systems Sales, Inc. dba Tampa Bay Trane INSURER A: Westfield Insurance Company 24112
PO Box 18547 INSURER B: Continental Casualty Company 20443
INSURER c: FFVA Mutual Insurance Company 10385
INSURER 0:
Tampa, FL 33679 INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDlTlONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~R ~~ TYPE OF INSURANCE POLICY NUMBER Pci*i~~J~iJ8~E P~~fJ 1~~W6'~I~N LIMITS
A ~NERAL LIABILITY CMM1946402 1213112009 1213112010 EACH OCCURRENCE I 1,000,000
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED I 150,000
I CLAIMS MADE [K] OCCUR MED EXP (Anyone person) S 10,000
X BlankelAI PERSONAL & ADV INJURY I 1,000,000
X BlankelWaiver GENERAL AGGREGATE I 2,000,000
~'~AGG~E~E LIMIT APMSIPER: PRODUCTS - COMPtOP AGG I 2,000,000
POLICY X jf8,: X LOC
A ~TOMOBJLE LIABILITY CMM1946402 1213112009 1213112010 COMBINED SINGLE LIMIT S
.:. (Eaacddent) 1,000,000
ANY AUTO
- ALL OWNED AUTOS BODILY INJURY
I
- SCHEDULED AUTOS {Per person)
~ HIRED AUTOS BODILY INJURY
I
~ NON-OWNED AUTOS (Peraccidenl)
- PROPERTY DAMAGE I
(PeraccidenJ)
RRAGE LIABILITY AUTO ONLY - EA ACCIDENT I
ANY AUTO OTHER THAN EA ACC I
AUTO ONLY: AGe I
B tfJESSIUMBRELLA LIABILITY 2090856223 1213112009 12/3112010 EACH OCCURRENCE I 7,000,000
X OCCUR D CLAIMS MADE AGGREGATE I 7,000,000
I
R DEDUCTIBLE I
RETENTION I I
C WORKERS COMPENSATION AND WC8400019477 110112010 110112011 x I WC STATU- IOJ,I:;I- 500,000
EMPLOYERS' LIABILITY
E.L. EACH ACCIDENT I 500,000
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? E.L. DISEASE. EA EMPLOYEE I 500,000
If yes, describe under
SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT I
OTHER
DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Collier County Government is additional insured in regreds to genera! liability.
CERTIFICATE HOLDER
CANCELLATION Ten Day Notice for Non-Payment
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPJRATlON
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
Collier County Government NOTJCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
3301 E Tamiami Trail IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
Naples, FL 34112 REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE 9(~
ACORO 25 (2001108) 1 of 2
1252694 @ ACORD CORPORATION 1988