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HomeMy WebLinkAboutEngineering Wind Load Certificationr � Sea Coast Curb Adapters, LLC 2600 INDUSTRIAL AVENUE 3 FT. PIERCE, FIORIDA 34946 Engineering Submittal Wind Load Certification January 5, 2022 Rev 1.6.21, Notes Model/Tag: 50T Ipac Design Parameters: FBC 2021 & ASCE 7-16 Wind Speed: 165 Exposure: C Risk Category: 4 Job Name & Location: SLC Morningside Library 2410 SE Morningside Blvd Port Saint Lucie, FL 34952 OF THE TREASURE COAST LLC. 806 Delaware Ave. (772) 267-1399 Fort Pierce, FL 34946 bench markengineeringtc@gmail.com BUILT S ROM LIKE BULL RECEIVED FEB 1 A ZM le C St. PermittinnntY Model/Tag: SOT Ipac Design Parameters W 81 in (Min) WL 40.5 in Ws 40.5 in L 356 in (Max) HRTu 82 in (Max) He 34 in (Max) HFw 58 in WcM 7590 lb (Min) VWIND 165 mph Exp C Max Ht. 60 ft Wind Loading Per ASCE 7-16: Wind Pressure QH=.00256 (Kz)(Kz-r)(KD)(VW1ND)^2 KZ 1.13 KZT 1.0 KD 0.85 VWIND 165 mph QH= 66.9lb/ft"2 Lateral Force FwL=QH (GCR) AF GCR 1.9 AF 286.8 ft^2 FWL= 36,476lb uplift Fwu=QH (GCR) AF GCR 1.5 AF 200.3 ft^2 Fwu= 20,108lb Sum Moments MwL= 2,115,594 in lb Mwu= 814,374 in lb MwCM= 307,395 in lb M= 2,622,573 in lb Required Fastener Resistance on Critical Side FR= 32,377 lb @ Roof Deck 19,310 lb @ Iso FA Curb to Existing Steel I -Beam Selected Fastener: 3/8" Through Bolts 2185 lb per (25%Tear Thru) Min. Number of Fasteners per Long Side: 16 each Max Fastener Spacing @: 24.0 in Min. Number of Fasteners per Short Side: 3 each Max Fastener Spacing @: 24.0 in Isolation Rail to Curb Fastener 318" Through Bolts 1850 lb per (25916 Tear Thru) Min. Number of Fasteners per Long Side: 24 each Max Fastener Spacing: 24.0 in Min. Number of Fasteners per Short Side: 3 each Max Fastener Spacing @: 24.0 in RTU to Isolation Rail Fastener Grabber #14 SMS @: 372 Ib per (25% Manf. Min. Number of Fasteners per Long Side: 60 each Shear Rating) Max Fastener Spacing @: 6.0 in Min. Number of Fasteners per Short Side: 14 each Max Fastener Spacing @: 6.0 in Notes: 1. Fasteners shall be within 4" of each corner 2. Certification is for specified attachments only 3. Roof structure by others 4. 3"x3"x3/16" Min. steel angle bridging as required welded or bolted w/ 1/2" bolts each end 5. Curb to roof deck fasteners must penetrate structural steel' 6. Curb may rest on corrugated roof sheathing w/ wood blocking 7. Alternate curb to structural steel attachment w/ 1/2" spot welds or 2" fillet welds @ double specified g6 tity � ��rrr ri (2)1/4" Tek 5 @ triple specified quantity �,�`�•�`',a�t U G' ��.,,�� ., 8. Alternate curb to RTU attachment w/ 16 ga cl''S� •,.•• • •. y/�� .,- w/ the same quantity of fasteners as state 0. "T$ CD cc S �-� �rrrrrrr�rarr�,,, JAN 21 2022 51, Lucie County, Pen-nitting Fernando Gagomasfno - District General Manager 2884 Corporate Way • Miramar FL 33025 • Tel 954 499 6900 • Fax 954 499 6901 Prepared For: Proiect Location. - Mr. Bob Ettswold Morningside Library A/C Maintenance Superintendent 2410 SE Morningside Blvd St Lucie County Port St. Lucie, FL 34952 3158 Will Fee: Road Fort Pierce, FL 84982 Revised: October 5, 2021 3ab Flame: Proposal! Number: 2996246 50 Ton Packaged Unit Replacement Project US Communities Plumber: 40-125310-21-006 Trane is pleased to offer this turnkey proposal to replace the existing 50 ton package unit at the above referenced address. This proposal also includes all mechanical and electrical work required for below referenced scope of work, with a permit. • Field verification prior to commencement of any work. • During an agreed 'upon.date the existing packaged unit will be disconnected and removed. • Disconnect the existing sheet metal ductwork from the RTU to just above the existing roof deck. • Install one (1) new (customer provided) curb adaptor to sit on the existing support structure. • Install one (1) new (customer provided) Trane 50 ton Intellipak packaged unit back into the existing location. • Modify the exterior sheet metal ductwork and connect to the existing ductwork at the point just above the roof deck to the bottom of the new RTU. • Modify the existing electrical feeds and connect to the new RTU.. • Reconnect the existing condensate drain lines. • Start the unit and check operation. • Prep the existing RTU structural support by sanding and grinding the areas around the new RTU. • Apply an epoxy primer and top coat to the prepped surfaces around the new RTU. • Job site cleanup. • If building permit is required to execute this project and will be procured by Trane. • The Customer will provide a secure staging area at the job site for use by Trane to_receive and store materials. • Trane will also require uninhibited access to the equipment and surrounding area for the entirety of thh Job during normal working hours as well as after hours. • Commencement date to start upon permit approval. • It is assumed that all equipment and parts to be reused are in good operating condition. If it is fou that any of these parts or equipment is not usable, the customer will be responsible for the cost replacement via a change order to the base contract. �u;rdrn� servi�os • It is assumed that.all equipment and parts referenced in this proposal or attached to this proposal will be approved by the engineer of record. If it Is found that any of these parts or equipment is not usable, the customer will be responsible for the upgrade via a change order to the base contract. • Work performed by Trane or its subcontractors will comply with all applicable Federal, State and Local codes and standards: • This proposal is subject to acceptance of the attached Trane Standard Contract Terms and Conditions. Exclusions an he Scoues of IN ask. • Bond. • Furnishing of the above mentioned equipment (to be customer supplied). • Equipment coil coatings of any kind. • Structural engineering of the existing RTU support structure of any kind. • Life safety devices, Tie in to the existing fire alarm panel, or controls of any kind. • Painting, other than touchup of equipment. • Asbestos identification or abatement. • Architectural Screening, if required will be in addition to the pricing listed below. • Roofing work, if required will be in -addition to the pricing listed below. • Test and Balance of the RTU of any kind. • upgrades or repairs to existing mechanical equipment, piping, or controls other than specified above. • Electrical upgrades Including but not limited to wiring, circuit breakers, and/or disconnects other than mentioned above. o Structural or concrete work other than mentioned above, if required will be in addition to the pricing listed below. • Work incurred due to any existing code violations. • Any work not listed above. Additional Items 11ridu e -, • Engineered Drawings (mechanical, electrical, and tie down only). • Reconnect to the existing building control system. All crane and rigging, as required. One year warranty on installation. • All applicable taxes and insurance. Project Management, subcontractor and material coordination. \ .an ar d Payor ent Tares • Progress billing per month based on % project completion. Trane may invoice the customer for all equipment or material furnished, whether delivered to the Installation site or to an off - site storage facility and for all Work performed on -site or off -site. i 2884 Corporate Way Miramar, FL 33025 1 Phone: (954) 499-6900 Trane Turnkey Soluflon l ©2021 Trane All rights reserved Page 2 of 6 Tumkey Project Proposal , Your price for the above mentioned Installation scope of work is_ ....................................... $108,97g, Please see the attached Trane Terms and Conditions, as they farm part of this proposal. If you have any questions concerning this proposal, please do not hesitate to contact me. We thank you for this opportunity to be of service. Respectfully, Brad, RV-Zy0k4/ Brad Ruzycki Account Manager, Trane Commercial Systems Jerry Shugart Account Manager Trane Commercial Systems This agreement is suBject to the attached Trane Terms and Conditions. Proposal Date: October 5, 2021 Submitted By: Brad Ruzycld Customer Accep nc Authorized epresentative Tiue1 // ab j Acceptance Date ta< wt., v a Trane Di iially signed by Jahn Walsh John Walsh �' CN =Jahn Walsh email = Jwalsh@trane.com C = :�5 O =Trane Technologies OU = Trane U.S.Inc. ,Dale: 2021.11.22 09:38:11-05'00' Authorized Representative Contracting Solutions Mgr 11 /22/2021 Signature Date APPR.01)FD AS �i 0 f TERMS AND CONDITIONS — COMMERCIAL INSTALLATION •Company" shall mean Trane U,S. inc.. 1. Acceptance, Agreement These terms and conditions are an integral part of Company's offer and form the basis of any agreement (the "Agreement") resulting from Company's proposai:(the "Proposal") lorthe commercial goods and/or services descrlbed (the "Work"). COMPANY'S TERMS AND CONDITIONS ARE SUBJECT TO PERIODIC CHANGE OR AMENDMENT. The Proposal is subject to acceptance in writing by the party to whom Shis offer Is made or an authorized agent ('Customer') delivered to Company within 30 days from the date of the Proposal. If Customer accepts the Proposal by placing an order, without the addition of any other terms and conditions of sale or any other modification, Customer's order shall be deemed acceptance of the Proposal subject to Company's terms and conditions. If customers order is expressly conditioned upon Company's acceptance or assent to terms and/or conditions other than those expressed herein, return of such order by Company with Company's terms and conditions attached or referenced serves as Company's notice of objection to Customer's terms and as Company's counter-offer to provide Work in accordance with the Proposal and the Company terms and conditions. If Customer does not rejector object in writing to Company within 10 days, Company's counter-offer will be deemed accepted. Customer's acceptance of the Work by Company will in any event constitute an acceptance by Customer of Company's terms and conditions. This Agreement is subject to credit approval by Company. Upon disapproval, of credit, Company may delay or suspend performance or, at its option, renegotlatepdces and/or terns and conditions with Customer. If Company and Customer are unable to agree on such revisions, this Agreement shall be cancelled without any liability, other than Customer's obligation to pay for Work rendered by Company to the, date of cancellation. 2. Pricing and Taxes. Unless otherwise noted, the price in the Proposal includes standard ground transportation and, if required by law, all sales, consumer, use and simflar taxes legally enacted as of the date hereof for equipment and material installed by Company. Tax exemption is contingent upon Customer furnishing appropriate certificates evidencing Customer's tax exempt status. Company shell charge Customer additional costs for bonds agreed to be provided. Equipment sold on an uninstalled basis artd arty taxable faberrfabeu�es tand-to-yrill-be-added: Following acceptance y other mo without addition of any other terms and condition of sale or andification by Customer, the prices stated are firm provided that notification of release for immediate production and shipment Is received at the factory not later than 3 months from order recelot N-smtMreiesse to raaat„a�t r�+-- �-� �,ea w�. 3. Exclusions from Work. Company's obllgafibn is tlmfted to the Wark as defined and does not Indude any modi(Ica{Ions to the Work site under the Americans With Disablifies Actor any other law or building code(s). In no event shall Company be required to perform work Company reasonably believes Is outside of the defined Work without a wdffen change order signed by Customer and Company. 4. Performance. Company shall perform the Work in accordance with Industry standards generally applicable In the area under similar circumstances as of the time Company performs the Work Company may refuse to perform any Work where working conditions could endanger property or put at risk the safety of persons. Unless otherwise agreed to by Customer and Company, at Customer's expense and before the Work begins, Customerwill provide any necessary access platforms, catwalks to safely perform the Work In compliance with OSHA or state industrial safely regulations. S. Payment. Customer shall pay Company's invoices within net 30 days of invoice date. Company may invoice Customer for all equipment or material furnished, whether delivered to the Installation site or to an off -site storage facility and for all Work performed on -site or off -site. No retention shall be withheld from any payments except as expressly agreed in writing by Company, in which case retention shell be reduced per the contract documents and released no later than the date of substantial completion. Under no circumstances shall any retention be withheld for the equipment portion of the order. If payment is not received as required, Company may suspend performance and the time for completion shall be extended for a reasonable period of time not less than the period of suspension. Customer shall be liable to Company for all reasonable shutdown, standby and start-up costs as a result of the suspension. Company reserves the right to add to any account outstanding for more than 30 days a service charge equal to 1.5% of the principal amount due at the end of each month. G4rsioim�-strait�rapall-costs jtrrolndmg attottteysl f�s}{�.gy �mpp ie a terttptirrg to ealleat ettteurtt�due end Ogrerwlea efffereing- -tiiese tara�s sad soadiilens. If quested, Company will provide appropriate lien waivers upon receipt of payment Customer agrees that unless Customer makes payment in advance, Company will have a purchase money security interest in all equipment from Company to secure payment in full of all amounts due Company and its order for the equipment, together With these Perms and conditions, forma security agreement Customer shall keep the equipment free of all taxes and encumbrances, shall not remove the equipment from its original installation point and shall not assign or transfer any Interest in the equipment until all payments due Company have been made'. S. Time for Completion. Except to the extent otherwise expressly agreed in writing signed by an authorized representative of Company. all dates provided by Company or Its representatives for Commencement, progress or completion are estimates only. Wh1e Company shall use commercially reasonable efforts to meat such estimated dates, Company shall not be responsible for any damages for its failure to do so. T. Access. Company and its subcontractors shall be provided access to the Work site during regular business hours, or such other hours as may be requested by Company and acceptable to the Work site' owner or tenant for'the performance ofthe Work, including sufficient areas for staging, mobilization, and storage. Company's access to correct any emergency'condition shall not be restricted.. Customer grants to Company the right to remotely connect (via phone modem, internet or other agreed upon means) to Customer's building automation system (BAS) and or HVAC equipment to view, extract, or otherwise collect and retain data from the 13AS, HVAC equipment, or other building systems, and to diagnose and remotely make repairs at Customer's request. 8. Completion. Notwithstanding any other term or condition herein, when Company informs Customer that the Work has been completed, Customer shall inspect the Work In the presence of Company's representative, and Customer shall either (a) accept the Work in its entirety in writing, or (b) accept the Work In part and specifically identify, in writing, any excaplon Items. Customer agrees to re -inspect any and all excepted items as soon as Company informs Customer that all such excepted items have been completed. The Initial acceptance inspection shall take place within ten (10) days from the date When Company informs Customer that the Work has been completed. Any subsequent re -Inspection of excepted items shelf take place within five (5) days from the date when Company informs Customer that the excepted items have been completed. Customer's failure to cooperate and complete any of said inspections within the required Ume limits shall constitute complete acceptance of the Work as of ten (10) days from date when Company informs Customer that the Work, or the excepted itergs, if applicable, has/hale been completed. 9. Permits and Governmental Fees. Company shall secure (with Customer's assistance) and pay for building and other permits and governmental fees, licenses, and Inspections necessary for proper performance and completion of the Workwhich are legally required when bids from Company's subcontractors are received, negotiations thereon concluded, or the effective date of a relevant Change Order, whichever is later.. Customer is responsible for necessary approvals, easements, assessments and charges for construction, use or occupancy of permanent structures or for permanent changes to existing facilities. If the cost of such permits, fees, licenses and inspections are not included In the Proposal, Company will Invoice Customer for such costs. 10. Utilities During Construction. Customer shall provide without charge to Company all water, heat; and utilities required for performance of the Work. 11. Concealed or Unknown Conditions. In the performance of the Work, if Company encounters conditions at the Work site that are () subsurface or otherwise concealed physical conditions that differ materially from those indicated on drawings expressly Incorporated herein or (io unknown physical conditions of art unusual nature that differ materially from those condiflons ordinarily found to exist and generally recognized as Inherent in construction activities of the type and character as the Work, Company shall notify Customer of such conditions promptly, prior to significanly disturbing same. If such conditions differ materially and cause an increase in Company's cost of, ortime required for, performance of any part of the Work, Company shall be entitled to, and Customershall'consent by Change Order to, an equitable adjustment in the Contract Price, contract lime, or both. V. Pro -Existing Conditions. Company is not liable for any claims, damages, losses, or expenses, arising from or related to conditions that existed in, on, or upon the Work site before the Commencement Date of this Agreement ('Pre -Existing Conditions'), Including, without limitation, damages, losses, or expenses involving Pre.Existing Conditions of building envelope Issues, mechanical issues, plumbing issues, and/or indoor air quality issues involving mold/mould "and/or fungi. Company also is not liable for any claims, damages, fosses, or expenses, arising from or related to work done by or services provided by individuals or entices that.are not employed by or hired by Company. 13. Asbestos and Hazardous Materials. Company's Work and other services in connection with this Agreement expressly excludes any identifica"on, abatement, cleanup, control, disposal, removal or other work connected with asbestos, polychlorinated biphenyl ('PCS'). or other hazardous materials (hereinafter, collectively, 'Hazardous Materials'). Customer warrants and represents that; except as set forth in a writing signed by Company, there are 0- Hazardous Materials on the Work site that will in any way affect Company's Work and Customer has disclosed to Company the existence and location of a�y knownHazardous Materials in all areas Within which Company will be performing the Work. Should Company become aware of or suspect the presence of Hazardous Materials, Company may immediately stop work in itie affected area and shall notify Customer. Customer will be exclusively respdnsible for taking any and all action necessary to correct the condition in accordance with all applicable laws and regulations. Customer shell be exclusively responsible for aad, to fire i L7 felloaterrtsnt treranittsd �,daxt-sf�INr3dorr rtify and herd herltriasca£ersrsac y�Itte e$Iag it�sortipieyee� aQenia afld seheenbaotsrs} rariurRd egaiaT y4occ 1 alarmrtrablryr #ass p®palHes tnJlud+n�h�thb+iity ofany rratuae-and the payment thereof'arising out of or relating to any Hazardous Materials ^ r� on or about the Work site, not brought onto the Work site by Company, Company shall be required to resume performance of the Work In the affected area only In the absence of Hazardous Materials orwhen the affected area has been rendered harmless. in no event shall Company be obligated to transport or handle Hazardous Materials, provide any notices to any governmental agency, or examine the Work site for the presence of Hazardous Materials. 14. Force Majeure. Company's duty to perform under this Agreement.is conUngent upon the non-occurrence of an Event of Force Majeure. If Company shall be unable to racy out any material obligation under this Agreement due to an Event of Force Majeure, this Agreement shall at Company's election () remain in effect but Company's nbligations shall be suspended until the uncontrollable event terminates or (i) be terminated upon 10 days notice to Customer, in which event Customer shall pay Company for all parts of the Workfumished to the date of termination. An "Event of Force Ma)eure" shall mean any cause or event beyond the control of Company. Without timling the foregoing, 'Event of Farce Majeure' in acts or God; acts of terrorism, war or the public enemy; flood; earthquake; tornado; storm; fire,• civil disobedience: pandemic insurrections; riots; laborhabour disputes; labor/labour or material shortages; sabotage; restraint by court order or public authority (whether valid or invalid), and action or non -action by or inability to obtain or keep in force the necessary governmental authorizations, permits, licenses, certificates or approvals if not caused by Company; and the requirements of any applicable government in any manner that diverts either the material or the finished product to the direct or indirect benefit of the government 15. Customer's Breach, Each of the following events or conditions shall constitute a breach by Customer and shell 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 orwarranty furnished by Customer In this Agreement is false or misleading in any material respect when made; or (4) Any falure by Customer to perform or comply with any material provision of this Agreement. Customer shall be liable to Company for all Work furnished to date and all damages sustained by Company (including lost profit and overhead). 16. Indemnity. To the fullest extent permitted by law, Company and Customer shall indemnify, defend and hold harmless each other from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys' fees, resulting from death or bodily injury or damage to real or tangible personal property, to the extent caused by the negligence or misconduct of their respective employees or other authorized agents in connection with their activities within the scope of this Agreement Neither party shall indemnity the other against claims, damages, expenses or liabilities to the extent attributable ' e " ' E7bi/rTitg Seri;icaS to the acts or omissions of the other party. If the parties are both at fault, the obligation to Indemnify shall be proportional to their relative fault. The duly to indemnify will continue in full force and effect, notwithstanding the expiration or early termination hereof, with respect to any claims based on facts or conditions that occurred prior to expiration or termination. 17. Limitation of (.lability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT CONSEQUENTIAL, OR PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION BUSINESS INTERRUPTION, LOST DATA, LOST REVENUE, LOST PROFITS, LOST DOLLAR SAVINGS, OR LOST ENERGY USE SAVINGS, EVEN IF A PARTY HAS BEEN ADVISED OF SUCH POSSIBLE DAMAGES OR IF SAME WERE REASONABLY FORESEEABLE AND REGARDLESS OF WHETHER THE CAUSE OF ACTION IS FRAMED IN CONTRACT, NEGLIGENCE, ANY OTHER TORT, WARRANTY, STRICT LIABILITY, OR PRODUCT LIABILITY). in no event will Company's liability in connection with the provision of products or services or otherwise under this Agreement exceed the entire amount paid to Company by Customer under this Agreement. 18. Patent Indarimity. Company shall protect and indemnify Customer from and against all claims, damages, judgments and loss arising from infringement or alleged infringement of any United States patent by any of the goods manufactured by Company and delivered hereunder, provided that in the event of suit or threat of suit for patent infringement, Company shall promptly be notified and given full opportunity to negotiate a settlement. Company does not warrant against infringement by reason of Customer's design of the articles or the use thereof in combination with other materials or in the operation of any process, in the event of litigation, Customer agrees to reasonably cooperate with Company. In connection with any proceeding under the provisions of this Section, all parties concerned shalt be entitled to be represented by counsel at their own expense. 19, Limited Warranty. Company warrants for a period of 12 months from tie date of substantial completion (°Warranty Pedodl commercial equipment manufactured and installed by Company against failure due to defects in material and manufacture and that the lebordabour fumished is warranted to have been property performed (the "Limited Warranty"). Trane equipment said on an uninstailed basis Is warranted in accordance with Company's standard warranty for supplied equipment Product manufactured by Company that includes required startup and is sold in North America will not be warranted by Company unless Company performs the product start-up. Substantial completion shall be the earlier of the date that the Work i6 sufficiently complete so that the Work can be utilized for its Intended use or the date that Customer receives beneficial use of the Waik. if such defect Is discovered within the Warranty Period, Company will correct the defect or furnish replacement equipment (or, atits option, parts therefor) and, if set d equipment was Installed pursuant hereto. Iaborflabour associated with the replacement of parts or equipment not conforming to this Limited Warranty. Defects must be reported to Company within the Warranty Period. Excluitons from this Limited Warranty include damage or failure arising from: wear and tear, corrosion, erosion, deterioration; Customer's failure to follow the Company -provided maintenance plan; refrigerant not supplied by Trane; and modifications made by otters to Company's equipment Company shall not be obligated to pay for the cost of lost refrigerant Notwithstanding the foregoing, all warranties provided herein terminate upon termination or cancellation of this Agreement No warranty liability whatsoever shall attach to Company unlit the Work has been paid for in full and then said liability shall be limited to the lesser of Company's cost to correctthe defective Work and/or the purchase price of the equipment shown to be defective. Equipment, material and/or pairs that are not manufactured by Company are not warranted by Company and have such warranties as maybe extended by the respective manufacturer. THE WARRANTY AND LIABILITY SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, WHETHER IN CONTRACT OR IN NEGLIGENCE, EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ANDiOR OTHERS ARISING FROM COURSE OF DEALING OR TRADE. COMPANY MAKES NO REPRESENTATION OR WARRANTY EXPRESS OR IMPLIED REGARDING PREVENTION BY THE WORK, OR ANY COMPONENT THEREOF, OF MOLD/MOULD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR ANY OTHER CONTAMINATES. COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY IF THE WORK OR ANY COMPONENT THEREOF IS USED TO PREVENT OR INHIBIT THE GROWTH OF SUCH MATERIALS. 20. Insurance. Company agrees to maintain the following insurance while the Work is being performed with limits not less than shown below and Will, upon request from Customer, provide a.Certificate of evidencing the following coverage: Commercial General Liability $2,000,000 per occurrence Automobile Liability $2,000,000 CSL Workers Compensation Statutory Limits If Customer has requested to be named as an additional Insured under Company's insurance policy, Company will do so but only subject to Company's manuscript additional insured endorsement under its primary Commercial, General Liability policies. In no event does Company waive its right of subrogatidn. 21. Commencement of Statutory Limitation Period. Except, as to warranty claims, as may be applicable, any applicable statutes of limitation for acts or failures to act shall commence to run, and any alleged cause of action stemming therefrom shall be deemed to have accrued, In any and all events not later than the last date that Company grits subcontractors physically performed Work on the projectsite. 22. General. Except as provided below, to the maximum extent provided bylaw, this Agreement is made and shall be interpreted and enforced in accordance with the laws of the state or province In which the Work is perforated, without regard to choice e(law principles which might otherwise cal far the application of a different state's or provinces law. Any dispute arising under or relating to this Agreement that is not disposed of by agreement shall be decided by litigation in a court of competent jurisdiction located in the state or province in which the Work is performed. Any action or suit arising outof or related to this Agreement must -be commenced Within one year after the cause or action has accrued; To the extent the Work site is owned andlor operated by any agency of the Federal Govemment, determination of any substantive issue of law shall be according to the Federal common law of Government contracts as enunciated and applied by Federal judicial bodies and boards of contract appeals of the Federal Government. This Agreement contains all of the agreements, representations and understandings of the parties and supersedes all previous understandings, commitments or agreements, oral or written, related to the subject matter hereof. This Agreement may not be amended, modified or terminated except by a writing signed by the parties hereto. No documents shall be incorporated herein by reference.except to the extent Company i6 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'transactlon contemplated'hereby is not affected in a manner adverse to any party hereto. Customer may not assign, transfer, or convey this Agreement, or any part hereof, or its right, title or Interest herein, without the written consent of the Company. Subject to the foregoing, this Agreement shall be binding.upon and inure to the benefit of Customer's permitted successors and assigns. This Agreement maybe 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 some Agreement A fully executed facsimile copy hereof or the several counterparts shall suffice as an original. 23. Equal Employment Opportunity/Affirmative Action Clause. Company Is a federal contractor that complies fully with Executive Order 11246, as amended, and the applicable regulations contained in 41 C.F.R. Parts 60-1 through 60-60. 29 U.S.C. Section 793 and the applicable regulations contained in 41 C.F.R. Part 00-741; and 38 U.S.C. Section 4212 and the applicable regulations contained in 41 C.F.R. Pert 60-250 Executive Order 13496 and Section 29 CFR 471, appendix A to subpart A, regarding the notice of employee rights in the United States and with Canadian Charter of Rights and Freedoms Schedule B to the Canada Act 1982 (U.K.)1982, c.11 and applicable Provincial Human Rights Codes and employment law in Canada. 24—U-.S. Government Work. The f0R-o htg-p vistf� on applies only to direct sales by Company to the US Government The Parties acknowledge that all items or services ord and delivered under li Ag ment are Commercial Items as defined under Part 12 of the Federal Acquisition Regulation (FAR). In Company \ agrees to be bound only by those ntracUr g clauses that apply to "commercial' suppliers and that are contained t 12-5(e)(1), Company 1 complies wiih 62.219.8 or 62.219-9 in lisservic-elirrd4installation contracting business. The following provision applies only to Indirect sales by to the US Governme ammerclal Item Subcontractor, Company accept only the following mandatory tow down provisions: 62.219.8; 62.222-26; 36; 52.222-39; 52.247-64. If the Work le in connection wi a U.S.. Government contract, Customer certifies that it has prcvfd r provl e e accurate, and complete information, representations a d certifications to all government officials, including but tta o the contracting officer and of8cia Small Business Administration, on all mate related to the prime contract, includin b r ad to all aspects of its ownership, eligibility, and performance, a erein notwithstanding, Company will have no obligations to er unless and until Customer provides Company with a true, correct and complete execute f the prime contract. Upon reque�ttst er will provide copies to Company of all requested written communications whit any government official related tat ntract prior t+ or concurrent with the execution thereof, including but not limited to any communications related to Customer's ownership, eliglbiity or performan 2884 Corporate Way Miramar, FL 33025 _ _ l Phone: (954) 499-6900 Trane Turnkey Solution ©202.1 Trane All rights reserved I Page 5 of 6 Tumkey Praject Proposal n ' fJ:irldinr> Sarsrleoa the prime tontrect Customer will obtain written authorization and approval from Company prior to providing any government official any information tit Co y's performance of the w.,k that is the subject of the Proposal or this Agreement, other then the Proposal 6r this Agreement 26. Llmi waiver of Sovereign Immunity, If Customer is an Indian Uibe On the U.S.) or a First Nation or Band Council (n C a, ustomer, whether acting in its c.dpqelty as a government, governmental entity, a duly organized corporate entity or otherwise: for itse or its agents, successors,. and assigns; (1) hereby. vldes this limited waiver of its sovereign Immunity as to any damages, claims, law cause of action (herein %ctlon7 brought against Customer by C'a3iti p4ny and arising eralleged to arise out of the furnishing by Canipany o n oduct or service under this Agreement, whethersuch Action Is based in eontract,.to trio liability, civil liability or any other legal theory; 2 s et jurisdiction and venue for any such Action shall be proper and valid (a) N Customer is in the ., in any state or United States co Wed in the state in which Company is performing this Agreement or (b) ff Customer is in Canada, in the superior of the provlrice or n which the work was performed; (3) expressly consents to such Action, and waives any objection tojurisdiction orvenue; (4) wai ny r tit . meet of exhaustion of tribal court or administrative remedies forany Action arising out of or related to this Agreement; and (ii) expressly ack a nd agrees that Company is not subject to the jurisdiction of Customer's tribal court or any similar tribal forum, that Customerwill not b action against any In tribal court, and that Customerwili not avail itself of any ruling or direction of'the tribal court permitting or direct; suspend Its payment or other ations under this Agreement. The individual signing on behalf of Customer warrants.and represen uch individual Is duly authorized to provide this wWVr and enter into this Agreement and that this Agreement constitutes the valid'and legally bineffig obligation of Customer, enforceable in accordance with its terilm If 1-26.251-10(0316) Supersedes 1-26.251-10(0614) Termination: Either party may terminate the Agreement without cause at any time upon thirty (30) calendar days prior written notice to the other party. Scrutinized Companies Termination; The County may immediately terminate the Contract without cause at any time upon ascertaining that pursuant to § 287.135, Florida Statutes, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local government entity for goods or services if at the time of bidding or submitting a proposal for a new contract or renewal of an existing contract, or at any time thereafter, the company: (1) is on the Scrutinized Companies that Boycott Israel List, created pursuant to § 215,4725, Florida Statutes, or is engaged in a boycott of Israel; (2) is on the Scrutinized Companies with Activities in. Sudan List or the Scrutinized Companies with Activities in the Iran Petroleurri Energy Sector List, created pursuant to § 215.473, Florida Statutes; or (3) is engaged in business operations in Cuba or Syria. Furthermore, the County may immediately terminate the Contract if it is determined that the company submitted a false certification stating that it was not (1) on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel; (2) was not on the Scrutinized Companies with Activities in Sudan List orthe Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, (3) or was not engaged in business operations in Cuba or Syria when in fact the company was engaged in such activities at the time of the bid or proposal, or at the time of entering into or renewing the Contract. Public Records: The Company shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by The Company in conjunction with this Contract. Specifically, The Company shall: (a) Keep and maintain public records required by the County to. perform the service. (b) Upon request from the County's custodian of public records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided 'in Section 119 Florida Statutes or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public. records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if The Company does not transferthe records to the County. (d) Upon completion of the Contract, transfer, at no cost, to the County all public records in possession of The Company or keep and maintain public records required by the County to perform the service. If The Company transfers all public records to the County upon completion of the Contract, The Company shall destroy any duplicate public records that are exempt or confidential and exempt from public record disclosure requirements. If The Company keeps and maintains public records upon completion of the Contract, The Company shall meet all applicable requirements for retaining public records. All record stored electronically must be provided to the County, upon request from the County's custodian of public records, in a format that is compatible with the information technology system of the County. IF THE COMPANY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE COMPANY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (772)462-1441, Bella rmyS@stlucieco.or& COUNTY ATTORNEYS OFFICE 2300 VIRGINIA AVENUE, FORT PIERCE, FL 34982 INTERPRETATION: VENUE: This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Contract may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Contract shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Contract, venue shall be exclusively in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. E-VERIFY/ VERIFICATION OF EMPLOYMENT STATUS Effective January 1, 2021, As required by Section 448.095(2)(a), The Company and subcontractor shall register with and use the E-Verify System to verify the work authorization status of all newly hired employees. The County, Contractor, or subcontractor may not enter into a Contract unless each party to the Contract registers with and uses the E-Verify System. The Company shall provide documentation of their compliance of this requirement to the County upon request. If The Company enters into a contract with a subcontractor, the subcontractor must provide The Company with an affidavit stating that the subcontractor does not employ, contract with; or subcontract with an authorized alien. The Company shall maintain a copy of such affidavit for the duration of this Contract. The County will not intentionally award contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions of the Immigration and Nationality Act ("INA"), The County shall consider the employment by The Company of unauthorized aliens a violation of 8 U.S.C. Section 1324a(e) [Section 274A(e) of the INA]. The Company agrees that such violation by The Company shall be grounds for the unilateral cancellation of this Contract by the County.