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HomeMy WebLinkAbout20-22248 CITY OF ZEPHYRHILLS 5335-8TH STREET (813)780-0020 22248 BUILDING PERMIT PERMIT INFORMATION LOCATION INFORMATION Permit Number: 22248 Address: 7909 GALL BLVD Permit Type: MECHANICAL ZEPHYRHILLS, FL. Class of Work: A/C CHANGEOUT Town hip: Range: Book: Proposed Use: COMMERCIAL Lot(s) Block: Section: Square Feet: Subdivision: CITY OF ZEPHYRHILLS Est. Value: Parce Number: 34-25-21-0010-00100-0000 Improv. Cost: 4,984.39 OWNER INFORMATION Date Issued: 1/09/2020 Na e: NATIONAL RETAIL PROPERTIES LP Total Fees: 65.00 Add re s: 450 S ORANGE AVE STE 900 Amount Paid: 65.00 ORLANDO FL 32801-3339 Date Paid: 1/09/2020 Pho e: Work Desc: A/C CHANGE OUT UNIT#2-6 TON PKG CONTRACTORS APPLICATION FEES TWC SERVICES INC-no permits need A/C CH NGEOUT 65.00 A/1p DUCTSINSTALLED Ins ections Re uir d DUCTS INSULATED FINAL REINSPECTION FEES: (c)With respect to Reinspection fees wil comply with Florida Statute 553.80 (2)(c)the local government shall impose a fee of four times the amount f the fee imposed for the initial inspection or first reinspection,whichever is greater,for eacl i such subsequent reinspection. NOTICE: In addition to the requirements of this permit, there maybe z dditional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management, state adlencies or federal agencies. "Warning to owner: Your failure to record a notice of comm ncement may result in your paying twice for improvements to your property. If you intend to obtain finar cing,consult with your lender or an attorney before recording your notice ofcommencement." Complete Plans, Specifications Must Accompany Application.411 work shall be performed in accordance with City Codes and Ordinances. NO OCC PANCY BEFORE C.O. NO OCCUPANCY BEFORE C.O. �ONTFW&OR SIGNATURE PERMIT OFFI R PERMIT EXPIRES IN 6 MONTHS WITHO JT APPROVED INSPECTION CALL FOR INSPECTION - 8 HOUR NOTICE REQUIRED PROTECT CARD FROM WEATHER 813-780-0020 City of Zephyrhills Permit Appl ication Fa)c Ili&7e0-o021 Building Department DateRacelved, Phone Contact for Permitting lk5 I q(03 otloo Owner's Name X"0 M�-\a e-�- Rr-cCQ 25 Owner hone Number Owners Add. Owner h ..Number Fee Simple Titleholder Name CNKO' Owner hon.Number Fee Simple Titleholder Address F;�\--c--, JOB ADDRESS '7 9 Oct &akk -RA LOT a SUBDIVISION PARCEL ID# -2 q 2 '-21- 0o10- 00\00 (Off'AIMED FROM PROPERTYTAX NOTICE) WORK PROPOSED NEW CONSTR ADDIALT SIC N DEMOLISH R INSTALL REPAIR PROPOSED USE Q SFR Q COMM Q OTI iER TYPE OF CONSTRUCTION BLOCK FRAME STEEL DESCRIPTION OF WORK lllep\04-0- V Nk-4?- G-7-ON qk%LurwV BUILDING SIZE SO FOOTAGE HE GHT . .ES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . UILDING r I VALUATION OF TOTAL CONST UCTION =ELECTRICAL 1$ AMP SERVICE PROGRESS ENERGY = W.R.E.C. =PLUMBING 1$ ff '&Z'-2,Y9 E2fMECHANICAL 1$ VALUATION OF MECHANICAL It ISTALLATION =GAS Q ROOFING = SPECIALTY = OT iER FINISHED FLOOR ELEVATIONS FLOOD ZONE AREA =YES NO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II . . . . . . . . . . . BUILDER COMPANY SIGNATURE REGISTERED Lt!_j FEE CURREN Ly LN_j Address F I License# ELECTRICIAN COMPANY E SIGNATURE REGISTERED REGISTERED I N FEE cuRm Y/N Address I License f! PLUMBER COMPANY =, SIGNATURE REGISTERED I N I rEE CURM Address F- License q 'P MECHANICAL COMPANY SIGNATURE REGISTERED —CYI N FEECURREP I YIN Address License# OTHER COMPANY E� SIGNATURE REGISTERED FEE CURREN Address License#F— (1)set of 11 / 1 / / 11 / 1111111111111 RESIDENTIAL Attach(2)plot Plans;(2)sets of Building Plans; Energy Forms-R—'W'Permit for now construction, Minimum ten(10)working days after submittal date. Required ction Plans,Storrnwater Plans w/Silt Fence installed, San"Facilities&1 dumpster,Site Work Permit for subdi 3m COMMERCIAL Attach(2)complete sets of Building Plans plus a Life Safety Page:(1)set ofjEnergy Forms.R-o-w Permit for new construction. Minimum ten(10)working days after submittal date. Requi:donsice Consttu=Plans,Stormwater Plans w/Silt Fence Installed, projects. x Sanitary Facilities&1 dumpster.Site Work Permit for all m: Ali merciall requirements must meet compliance SIGN PERMIT Attach(2)sets of Engineered Plans. PROPERTY SURVEY required for all NEW construction. Directions: I out application completely. Owner&Contractor sign back of application,notarized If over$2500,a Notice of Commencement is required. (A/C upgrades over$7600) Agent(for the contractor)or Power of Attorney(for the owner)would be someone with notalzed letter from owner authodzing same OVER THE COUNTER PERMITTING (copy of contract required) Reroofs if shingles Sewers Service Upgrades A/C Fences(PlotiSurvey/Footage Driveways-Not over Counter If on public madways-needs ROW Commercial EPA Certified Refrigeration State Certified Air Conditioning CFESA Certified Heating Systems Established in 1906 Kitchen Equipment 24hr Emergency Service Ventilation Systems TW40 SEA?Y/CES Parts and Equipment Sales Beverage Equipment Ice Machine Sales and Leasing PROPOSAL Customer: Ruby Tuesday Corp (241466) Date: 11/15/2019 Ruby Tuesday#7178 TPA (7178) Quote#: 130596.1 7909 Gall Blvd. Zephyrhills, FL 33541 Customer PO: Work Order: Project: Replace RTU Is Equipment Running: Partially Age of Equipment: 15 Condition of Equipment: Recommend Replacement We propose to furnish the materials and/or perform the work described below: This quote is for the replacement of RTU 2 17 year old gas heat unit 6 toi package unit. With a internal mounted disconnect and a 40 amp breaker down stairs. Trane YSC072A3RMA1 HBOAOA 449101327L This RTU heat exchanger is currently down and out of service and will need to be replaced due to the age and wear and tear of the unit it was recommended for replacement over repair. Condenser coil on unit is damaged and flaking off due to age as well. TWC Recommends replacing unit before major service Heat exchanger,compressors and coils create excessive cost to repair when the unit fails. TWC will disconnect all electrical and gas and lift unit from building with crane recover refrigerant and dispose of unit correctly. TWC will then lift customer supplied RTU and reconnect all electrical anc gas piping. Replace existing smoke detector and key station as well as thermostat and sensor. Customer supplied Unit must match foot print of existing unit to ensure correct fit after specking with Trane this will be the case due to size. If Trane is not used curb adapter will be needed. After unit is set and all is electrical and gas is reconnected TWC will preform a full start up on unit set and program thermostat check operation of entire unit and functions. TWC includes a 1 year limited warranty on install related issues. We have included the following: • All labor during regular business hours • Delivery of materials and equipment to the job site • Final adjustment and calibration of equipment We have not included: • Parts or labor from original call • Any work not specifically stated in the proposal • Next day or Express shipping is not included • Any Mechanical changes or electrical changes . • Any fire panel certifications or inspections. All for the sum of: four thousand nine hundred eighty-four dollars ar d thirty-nine cents $4,984.39 Summary: Material 1,155. 8 Quote 4130596 1 Revision#1 13937 Lynmar Blvd'Tampa,FL 33626'Phone(813)884- 037'www.twcservices.com Page 1 of 4 Labor 2,158.0) Subcontract Tools&Usage Fees "N. Other 810.8 Grand Total $4,984.3 This proposal is subject to the terms and conditions as shown on the att ched page. This quote is good for 30(thirty)day(s). $4 8 8 9 1 5 8 on the Upon Purchaser's approval signature,this proposal will become a I gal and binding contract. become Purchasers Acceptance: Respectful) Submitted: W Ruby Tuesday#7178 TPA T Seri es, Inc. 11/15/2019 Signature Date signature Date Kevin Sheeian Printed Name Printed Name Quote#130596 1 Revision#1 13937 Lynmar Blvd Tampa,FL 33626*Phone(813)884-00 7*www.tweservices.com Page 2 of 4 Commercial EPA Certified Refrigeration State Certified Air Conditioning CFESA Certified Heating Systems „ Established in 1906 Kitchen Equipment 24hr Emergency Service Ventilation Systems 7'WC SER V/CES Parts and Equipment Sales Beverage Equipment Ice Machine Sales and Leasing PRICING DETAIL Customer: Ruby Tuesday Corp(241466) Date: 11/15/2019 Ruby Tuesday#7178 TPA (7178) Quote#: 130596 Project: Replace RTU Customer PO: Work Order: MATERIAL Description Quantity Unit Price Subtotal Drain Line& Fittings 1.00 142.67 142.67 Float Switch 1.00 35.67 35.67 Electrical Material 1.00 192.58 192.58 Install Material 1.00 142.67 142.67 Gas Piping 1.00 151.59 151.59 Smoke Detector 1.00 213.98 213.98 Remote Key Station 1.00 169.42 169.42 Tie down Material 1.00 107.00 107.00 Subtotal 1,155.58 LABOR Description Hours Hourly Rate Subtotal Technician- Regular Time 11.00 83.00 913.00 Technician- Regular Time 11.00 83.00 913.00 Travel Time 4.00 83.00 332.00 Subtotal 2,158.00 OTHER Description Quantity Unit Price Subtotal Crane 810.00 Recovery Charge 1.00 50.00 50.00 Permits, Fees, Taxes 810.81 Subtotal 1,670.81 SUMMARY Material 1,155.58 Labor 2,158.00 Subcontract 810.00 Tools&Usage Fees 50.00 Other 810.81 Grand Total $4,984.39 Quote#130596 1 Revision#1 13937 Lynmar Blvd'Tampa,FL 33626'Phone(813)884- 037 www.twcservices.com Page 3 of 4 TERMS AND CONDITIOh S 1.SCOPE OF WORK This Proposal,upon notice to proceed by the Purchaser,shall constitute the er tire Agreement between TWC Services,Inc.and the Purchaser and supersedes any prior representations or understandings.No c ange or modification of any of the terms and conditions stated herein shall be binding upon TWC Services,Inc.unless acce ted by TWC Services,Inc.in writing. Unless it is specifically noted otherwise,TWC Services,Inc.'s obligation under this Agreement expressly excludes any work or service associated with clean up,control,removal or disposal of environmenta hazards or dangerous substances including but not limited to asbestos or PCB's discovered in or on the premises. Unless it is specifically noted otherwise,this Proposal is based upon the use o straight time labor only. 2.INVOICING AND PAYMENTS TWC Services,Inc.may invoice Purchaser monthly for all materials delivered to the jobsite or to an off-site storage facility and for all work performed on-site and off-site.Purchaser agrees to pay TWC Services,In .the amount invoiced upon receipt of invoice. Invoices not paid within 30 days of the invoice date will be considered delinquE nt and subject to a service charge and interest computed at the maximum allowable legal interest rate. The Purchaser agrees that he will pay and reimburse TWC Services,Inc.for any and all reasonable attorney's fees or other costs which are incurred by TWC Services,Inc.in the collection of the amounts due and payable hereunder. 3.WARRANTY TWC Services,Inc.warrants and agrees to replace any of its workmanship which is disclosed within a period of 30 Day(s)after the performance thereof to be defective.TWC Services,Inc.warrants materials and parts purchased by TWC Services,Inc.from others only to the extent the same are warranted by the suppliers thereof. 4.TAXES The price stated in this proposal includes any applicable taxes unless specifica ly noted otherwise.Purchasers shall pay any and all taxes as required by federal,state or local law. 5.COMPLIANCE WITH LAWS TWC Services,Inc.shall comply with all applicable federal,state or local laws aid regulations and shall obtain all temporary licenses and permits required for the prosecution of the work.Licenses and permits of a permanent nature shall be procured and paid for by the Purchaser. 6.LIABILITY TWC Services,Inc.shall indemnify the Purchaser from liabilities,losses or dam iges which may arise in connection with the execution of the work herein specified,and which are caused solely by the negl gent act or omission of TWC Services,Inc.. Notwithstanding the foregoing,in no event shall TWC Services,Inc.be liable for any special,indirect or consequential damages which may arise in any manner in connection with the execution of the work,nor shall TWC Services,Inc.'s liability under this indemnification exceed the greater of$25,000.00 or the price of the work stated in this Proposal. TWC Services,Inc.shall not be liable for any delay in the performance of the work resulting from or attributable to acts or circumstances beyond TWC Services,Inc.'s control,including,but not limited to,acts of nature,fire,riots,labor disputes,conditions of the premises,acts or omissions of the Purchaser,owner,or other contractors or delays caused by suppliers or subcontractors of TWC Services,Inc.. Quote#130596 1 Revision#1 13937 Lynmar Blvd'Tampa,FL 33626`Phone(813)884-00 7'www.twcservices.com Page 4 of 4 TRAAFF Proposal Prepared For: Date:Decem er 10, 2019 Ruby Tuesday Proposal Number. H3-187424-1 Job Name: RT#7178 Zephyrhills FL RTU 2 Delivery Terms: Freight Allowed and Prepaid - F.O.B. Factory Trane U.S. Inc. is pleased to provide the following proposal for your review and approval. Only those items specifically listed are included in this proposal. Pricing is based on unit replacement request form. No plans, specifications or addendums are acknowledged. Tag Data-3-10 Ton R-410A PKGD Unitary Gas/Electric Roofto (Qty: 1) Item I Tag(s) Q Description I Model N mber Al I RTU-2 11 16 Standard Efficiency-Gas YSC072 3RLA--000000000000000000000000000 Product Data-3-10 Ton R-410A PKGD Unitary Gas/Electric Rooftop Item:Al Qty: 1 DX cooling, gas heat Standard efficiency Convertible configuration 6 Ton Single compressor 208-230/60/3 Microprocessor controls Low gas heat Manual outside air damper 0-50% (FId) Condenser coil guard (Fld) 10 Year heat exchanger warranty Notes: 1) If not specifically listed, extra filters, extra belts, extra she ves, thermostat, external isolation, air balance, curb adapter, roof curb, hurricane ties downs and wind load calculations, condensate overflow switch and start up are not included. Labor warranty to be provided by the installing contractor if not purchased. 2)This is a scope only proposal.The above listed Trane equi ment will be pre-purchased through their National Account agreement. (No curb adapter needed, new unit will fit on existing curb) Total Net Price- Mod#, Tag#, Tonnage (Excluding Sales Tax) .... ........................$ SCOPE Seve Hewitt-Trane National Account Job Coordinator 2301 Lucien Way, Suite 430 Maitland, FL 32751 Phone: (407)660-1111 J:1Jobs1431187424111RT#7178 Zephyrhills FL RTU 2 Trane EquiorWent Scope.doc r RT#7178 Zephyrhills FL RTU 2 December 10,2019 Unit Dimensions-3-10 Ton R-410A PKGD Unitary Gas/Electric Rooftop Item: Al Qty: 1 TOP P NNEL EVAPORATOR SECTION ACCESS PANEL CONDENSER FAN CONDENSATE DRAIN(ALT) 3/4"-14 NPT DIA HOLE CONDENSER COIL 41//4 e 27 5/8" UNIT CONTROL WIRE 7/8"DIA HOLE 477/8 ° SERVICE GAUGE PORTACCESS 1 3/8"DIA.HOLE ° UNIT POWER WIRE 112"NPT GAS CONNECTION CONT ROLAND COMPRESSOR ACCESS PANEL (80MBH&120MBH) 3/4"NPT GAS CONNECTION (150MBH,200MBH&250MBH) THROUGH THE BASE CONDENSATE—:I,, ONDENSATE 27 5/8" OTES: 4 1/8" 1.THRU-THE-BASE ELECTRICAL AND GAS IS NOT STANDARD ON ALL UNITS. VERIFY WEIGHT,CONNECTION,AND ALL DIMENSION WITH INSTALLER DOCUMENTS BEFORE INSTALLATION I I I I I I I I I I I I I I I I I I I I I 33" 1 1 321/8" 1 SUPPLY I RETURN I I I I I 1 1 — — — — I 4„ 17 1/2" 9 7/8" 17 1/2" f—3 5/8" PLAN VIEW UNIT DIMENSION DRAWING RETURN 32 1/4" 40 718" HORIZONTAL SUPPLY 237/8" AIRFLOW L/2" 9 5/8" 5 5/8" OO OO 434 19 1/4" 9 3/8" 16 3/4" 3 7/8" 4 1/4" CONDENSATE 5 5/8" 88 5/8" 7 5/8" 53 1/4" PACKAGED GAS/ELECTRICAL DIMENSION DRAWING FLD=Furnished by Trane U.S.Inc./Installed by Equipment Proposa� Page 2 of 8 Others RT#7178 Zephyrhills FL RTU 2 December 10,2019 Unit Dimensions-3-10 Ton R-410A PKGD Unitary Gas/Electric Rooftop Item:Al Qty: 1 ELECTRICAL/GENERAL DATA 'GENERAL(2)(4)(6) HEATING PERFORMANCE Model: YSC072H Oversized Motor HEATING- ENERAL DATA Unit Operating Voltage: 187-253 MCA: N/A Heat ing Unit Primary Voltage: 208 MFS: NIA g Mo el: Low Unit Secondary Voltage 230 MCB: NIA Heating Input(BTU): 80,000 Unit Hertz: 60 Heating Output(BTU): 64,000 Unit Phase: 3 No.Burners 2 EER 11.2 No.Stages 1 Standard Motor Field Installed Oversized Motor 'Gas Inlet Pr ssure MCA: 35.0 MCA: N/A Natural Gas Min/Mix): 41/2"/14" MFS: 50.0 MFS: N/A LP(Min/Max) 11"/14" MCB: 50.0 MCB: N/A Gas Pipe Cc nnection Size: 1/2" INDOOR MOTOR Standard Motor Oversized Motor Field Installed Oversized Motor Number. 1 Number. NIA Number: Horsepower. 1.0 Horsepower. N/A Horsepower. Motor Speed(RPM): — Motor Speed(RPM): N/A Motor Speed(RPM): Phase 3 Phase N/A Phase Full Load Amps: 3.4 Full Load Amps: N/A Full Load Amps: N/A COMPRESSOR Circuit 1/2 OUTDOOR MOTOR Number. Number. 1 Horsepower. Horsepower. 0.70 Phase: Motor Speed(RPM): 1100 Rated Load Amps: Phase: 1 Full Load Amps: 3.3 POWER EXHAUST ACCESSORY (3,7) FILTERS REFRIGERANT (2) (Field Installed Power Exhaust) Type Phase: N/A Type: Throwaway Horsepower. N/A Furnished: Yes Factory Charge Motor Speed(RPM): N/A Number 4 Circuit#1 5.5 lb Full Load Amps: N/A Recommended 16"x25"x2" Circuit#2 N/A Locked Rotor Amps: N/A NOTES: 1.Maximum(HACR)Circuit Breaker sizing is for installations in the United States only. 2.Refrigerant charge is an approximate value.For a more precise value,see unit nameplate and service nstructions. 3.Value does not include Power Exhaust Accessory. 4.Value includes oversized motor. 5.Value does not include Power Exhaust Accessory. 6.EER is rated at AHRI conditions and in accordance with DOE test procedures. 7.Installation of this power exhaust kit will affect unit level MCA and could affect MOP sizing having a dire t impact on existing field wiring and unit protection devices.The change in MCA/MOP is the sole responsibility of the field installing party.Trane will not issue new namc plates as a result of this power exhaust accessory installation.FLA of the power exhaust kit option must be added to the MCA of the unit for building suppl I conductor sizing determination. FLD=Furnished by Trane U.S.Inc./Installed by Equipment Proposal Page 3 of 8 Others I RT#7178 Zephyrhills FL RTU 2 December 10,2019 Weight, Clearance&Rigging Diagram-3-10 Ton R-410A PKGD Unitary Gas/Electric Rooftop Item: Al Qty: 1 INSTALLED ACCESSORIES NET WEIGHT DATA ACCESSORY WEIGHTS ECONOMIZER MOTORIZED OUTSIDE AIR DAMPER C D MANUALOUTSIDEAI DAMPER BAROMETRIC RELIEF OVERSIZED MOTOR BELT DRIVE MOTOR POWER EXHAUST THROUGHT THE BASEELECTRICAL/GAS(FIOPS) UNIT MOUNTED CIRCUIT BREAKER(FIOPS) O UNIT MOUNTED DISC NNECT(FIOPS) POWERED CONVENIE JCE OUTLET(FIOPS) HINGED DOORS(FIOP ) B A HAILGUARD I 11 20.0Ib SMOKE DETECTOR,S PPLY/RETURN PACKAGED GAS/ELECTRICAL NOVAR CONTROL CORNER WEIGHT STAINLESS STEEL H T EXCHANGER REHEAT ROOF CURB BASIC UNIT WEIGHTS CORNER WEIGHTS j CENTER OF GRAVITIY SHIPPING NET O 222.0 Ib © 121.0 Ib (E)LENGHT (F)WIDTH 805.OIb 710.OIb O 217.OIb pO 150.OIb 41" 22" NOTE: 1. All weights are approxiihate. 2. Weights for options thEi are not list refer to Installation guide. 3. The actual weight are I sted on the unit nameplate. 4. Refer to unit nameplat and installation guide for weights before scheduling transportation and installation of unit. 5. The weight shown repr sents the typical unit operating weight for the configuration selected.Estimated at+/-10%of the nam plate weight.. 6. Verify weight,connecti in,and all dimension with installer documents before installation. 7. Comer weights are givi n for information only. 8. Net/Shipping weight of optional accessories should be added to unit weight when ordering factory or field installed accessories. J ® 0 E 9 0 PACKAGED GAS/ELECTRICAL RIGGING AND CENTER OF GRAVITY FLD=Furnished by Trane U.S.Inc./Installed by Equipment Proposa Page 4 of 8 Others RT47178 Zephyrhills FL RTU 2 1 December 10,2019 Weight, Clearance&Rigging Diagram-3-10 Ton R-410A PKGC Unitary Gas/Electric Rooftop Item: Al Qty: 1 CLEARANCE FROM TOP OF UNIT 72" CLEARANCE 36" CLEJ RANCE 48" SUPPLY RETURN L ' DOWNFLOW CLEARANCE 36" HORIZONTAL CLEARANCE 18" CLEARANCE 36" PACKAGED GAS/ELECTRIC CLEARANCE ROOF OPENING I I UNIT OUTLINE I 46" 53 1/4" I I I I 46" 88 5/8" PACKAGED GAS/ELECTRIC DOWNFLOW TYPICAL ROOF OPENING FLD=Furnished by Trane U.S.Inc./Installed by Equipment Propo al Page 5 of 8 Others RT#7178 Zephyrhills FL RTU 2 December 10,2019 TERMS AND CONDITIONS- COMMERCIAL EQUIPMENT "Company"shall mean Trane Canada ULC for sales In Canada and Trane U.S.Inc.for sales in the United States. 1. Acceptance. These terms and conditions are an integral part of Company's ffer and form the basis of any agreement(the"Agreement") resulting from Company's proposal(the"Proposal")for the sale of the descri ed commercial equipment and any ancillary services(the "Equipment"). COMPANY'S TERMS AND CONDITIONS ARE SUBJECT TO PERIODIC CHANGE OR AMENDMENT.The Proposal is subject to acceptance in writing by the party to whom this offer is made or an authorized agent `Customer")delivered to Company within 30 days from the date of the Proposal. If Customer accepts the Proposal by placing an order,without the addition of any other terms and conditions of sale or any other modification, Customers order shall be deemed acceptance of the Proposal subj ct to Company's terms and conditions. If Customers order is expressly conditioned upon Company's acceptance or assent to terms and/or condit ons other than those expressed herein, return of such order by Company with Company's terms and conditions attached or referenced serves a Company's notice of objection to Customers terms and as Company's counter-offerto provide Equipment in accordance with the Proposal and the Company's terms and conditions. If Customer does not reject or object in writing to Company within 10 days, Company's counter-offer will be deemed accepted. Customers acceptance of the Equipment 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 i option, renegotiate prices and/or terms and conditions with Customer. If Company and Customer are unable to agree on such revisions,this Agreement shall be cancelled without any liability. 2. Title and Risk of Loss. All Equipment sales with destinations to Canada or the U.S. shall be made as follows: FOB Company's U.S. manufacturing facility or warehouse(full freight allowed).Title and risk of loss or damage to Equipment will pass to Customer upon tender of delivery of such to carrier at Company's U.S.manufacturing facility or warehouse. 3. Pricing and Taxes. Following acceptance without addition of any other terms a d condition of sale or any other modification by Customer,the prices stated are firm provided that notification of release for immediate production and shipment is received at Company's factory not later than 3 months from order acceptance. If such release is received later than 3 months from order acceptance date,prices will be increased a straight 1%(not compounded)for each 1 month period(or part thereof)beyond the 3 month firm price period up to the date of receipt of such release. If such release is not received within 6 months after the date of order acceptance,the prices are su ject to renegotiation or at Company's option, the order will be cancelled. Any delay in shipment caused by Customer's actions will subject prices to increase equal to the percentage increase in list prices during that period of delay and Company may charge Customer with incurred storage fees. In no event will prices be decreased. The price of Equipment does not include any present or future foreign,federal, state, or local property, Iicen e,privilege,sales, use,excise,value added,gross receipts or other like taxes or assessments.Such amounts will be itemized separately to Customer,who will make prompt payment to Company. Company will accept valid exemption documentation for such from Customer, if applicable.All prices include packaging in accordance with Company's standard procedures. Charges for special packaging,crating or packing are the responsibility f Customer. 4. Delivery and Delays. Delivery dates are approximate and not guaranteed. Cc mpany will use commercially reasonable efforts to deliver the Equipment on or before the estimated delivery date will notify Customer if the estimated delivery dates cannot be honored, and will deliver the Equipment and services as soon as practicable thereafter. In no event will Company be liable for any damages or expenses caused by delays in delivery. 5. Performance. Company shall be obligated to furnish only the Equipment describE d in the Proposal and in submittal data(if such data is issued in connection with the order). Company may rely on the acceptance of the Proposal and in submittal data as acceptance of the suitability of the Equipment for the particular project or location. Unless specifically stated in the Prop Dsal,compliance with any local building codes or other laws or regulations relating to specifications or the location,use or operation of the Equipment is the sole responsibility of Customer. If Equipment is tendered that does not fully comply with the provisions of this Agreement,and Equipment is rej cted by Customer,Company will have the right to cure within a reasonable time after notice thereof by substituting a conforming tender whether or n t the time for performance has passed. 6.Force Majeure. Company's duty to perform under this Agreement and the Equipment prices are contingent upon the non-occurrence of an Event of Force Majeure. If the Company shall be unable to carry out any material obligatio under this Agreement due to an Event of Force Majeure,this Agreement shall at Company's election(i)remain in effect but Company's obligations shall be suspended until the uncontrollable event terminates or (ii) be terminated upon 10 days notice to Customer, in which event Customer shall pay Company for all parts of the Work furnished to the date of termination. An"Event of Force Majeure"shall mean any cause or event beyond thE control of Company. Without limiting the foregoing,"Event of Force Majeure"includes:acts of God;acts of terrorism,war or the public enemy;flood earthquake;tornado;storm;fire;civil disobedience;pandemic insurrections; riots; labor/labour disputes; labor/labour or material shortages;sabots e; 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 governm nt in any manner that diverts either the material or the finished product to the direct or indirect benefit of the government. 7. Limited Warranty. Company warrants the Equipment manufactured by Company for a period of the lesser of 12 months from initial start-up or 18 months from date of shipment,whichever is less, against failure due to defects in mat rial and manufacture and that it has the capacities and ratings set forth in Company's catalogs and bulletins('Warranty"). Equipment manufactured by Company that includes required start-up and sold in North America will not be warranted by Company unless Company performs the Equipment startup. Exclusions from this Warranty include damage or failure arising from:wear and tear;corrosion,erosion,deterioration;modifi ations made by others to the Equipment;repairs or alterations by a party other than Company that adversely affects the stability,or reliability of the Equipment;vandalism; neglect; accident; adverse weather or environmental conditions;abuse or improper use;improper installation;commissioninil by a party other than Company;unusual physical or electrical or mechanical stress;operation with any accessory,equipment or part not specificall approved by Company; refrigerant not supplied by Company; and/or lack of proper maintenance as recommended by Company.Company shall not a obligated to pay forthe cost of lost refrigerant or lost product. Company's obligations and liabilities under this Warranty are limited to furnishing repla ment equipment or parts,at its option, FCA(Incoterms 2000) factory or warehouse(f.o.b.factory or warehouse for US domestic purposes)at Com)any-designated shipping point,freight-allowed to Company's warranty agent's stock location, for all non-conforming Company-manufactured Equi ment(which have been returned by Customer to Company. Returns must have prior written approval by Company and are subject to restocking charge where applicable.Equipment,material and/or parts that are not manufactured by Company are not warranted by Company and have such warranties as may be extended by the respective manufacturer. COMPANY MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR I PLIED, REGARDING PREVENTION OF MOLD/MOULD, FUNGUS,BACTERIA,MICROBIAL GROWTH,OR ANY OTHER CONTAMINATES. No warranty liability whatsoever shall attach to Company until Customer's complete order has been paid for in full and Company's liability under this V arranty shall be limited to the purchase price of the Equipment shown to be defective. Additional warranty protection is available on an extra-cost asis and must be in writing and agreed to by an authorized signatory of the Company. EXCEPT FOR COMPANY'S WARRANTY EXPRESSLY SET FORTH HEREIN,COMPANY DOES NOT MAKE,AND HEREBY EXPRESSLY DISCLAIMS, ANY WARRANTIES, EXPRESS OR IMP IED CONCERNING ITS PRODUCTS, EQUIPMENT OR SERVICES,INCLUDING,WITHOUT LIMITATION,ANY WARRANTY OF DESIGN,11 IERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE,OR OTHERS THAT ARE ALLEGED TO ARISE FROM COURSE OF DE kLING OR TRADE. 8. Indemnity. To the fullest extent permitted by law,Company and Customer shall in emnify,defend and hold harmless each other from any and all claims,actions,costs,expenses,damages and liabilities,including reasonable attorne is'fees,resulting from death or bodily injury or damage to real or personal property,to the extent caused by the negligence or misconduct of their rE spective employees or other authorized agents in connection with their activities within the scope of this Agreement. Neither party shall indemnify tt e other against claims,damages,expenses or liabilities to the extent attributable to the acts or omissions of the other party. If the parties are both al fault,the obligation to indemnify shall be proportional to their relative fault.The duty to indemnify will continue in full force and effect,notwithstandin the expiration or early termination hereof,with respect to any claims based on facts or conditions that occurred prior to expiration or termination. FLD=Furnished by Trane U.S.Inc./Installed by Equipment Proposa Page 6 of 8 Others RT47178 Zephyrhills FL RTU 2 December 10,2019 9. Insurance. Upon request, Company will furnish evidence of its standard insurance coverage. 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 Naive any rights of subrogation. 10. Customer-Breach.'Each of the following events or conditions shall constitute a breach by Customer and shall give Company the right,without an election of ramedies,to terminate this Agreement, require payment prior to shippin ,or suspend performance by delivery of written notice: (1)Any failure by Customer to pay amounts when due; or(2)any general assignment by C istomer for the benefit of its creditors, or if Customer becomes bankrupt or insolvent or takes the benefit of any statute for bankrupt or insolvent debt rs,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 Cu tomer 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 epresentation or warranty furnished by Customer in connection with this Agreement is false or misleading in any material respect when made;or(4)Any failure by Customer to perform or comply with any material provision of this Agreement. Customer shall be liable to the Company for all Equipm nt furnished and all damages sustained by Company(including lost profit and overhead). 11. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRA Y, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT CONSEQUENTIAL, OR PUNITIVE OR EX MPLARY DAMAGES (INCLUDING WITHOUT LIMITATION REFRIGERANT LOSS,BUSINESS INTERRUPTION,LOST DATA, LOST REVEN E,LOST PROFITS)EVEN IF A PARTY HAS BEEN ADVISED OF SUCH POSSIBLE DAMAGES OR IF SAME WERE REASONABLY FORESE ABLE AND REGARDLESS OF WHETHER THE CAUSE OF ACTION IS FRAMED IN CONTRACT, NEGLIGENCE,ANY OTHER TORT,WARR NTY,STRICT LIABILITY, OR PRODUCT LIABILITY). In no event will Company's liability in connection with the provision of products o services or otherwise under this Agreement exceed the entire amount paid to Company by Customer under this Agreement. 12. Nuclear Liability.In the event that the Equipment sold hereunder is to be used i i a nuclear facility,Customer will,prior to such use,arrange for insurance or governmental indemnity protecting Company against all liability and here oy releases and agrees to indemnify Company and its suppliers for any nuclear damage, including loss of use, in any manner arising out of a nuclea incident,whether alleged to be due, in whole or in part to the negligence or otherwise of Company or its suppliers. 13. Intellectual Property; Patent Indemnity. Company retains all ownership, license and other rights to all patents,trademarks,copyrights,trade secrets and other intellectual property rights related to the Equipment,and,except for the right to use the Equipment sold,Customer obtains no rights to use any such intellectual property.Company agrees to defend any suit or proceedi g brought against Customer so far as such suit or proceeding is solely based upon a claim that the use of the Equipment provided by Company constitutes infringement of any patent of the United States of America, provided Company is promptly notified in writing and given authority, information and assistance for defense of same. Company will, at its option, procure for Customer the right to continue to use said Equipment,or modify it so that it becomes non-infringing,or replace same with non-infringing Equipment, or to remove said Equipment and to refund the purchase price. The oregoing will not be construed to include any Agreement by Company to accept any liability whatsoever in respect to patents for inventions including more than the Equipment furnished hereunder,or in respect of patents for methods and processes to be carried out with the aid of said Equipment The provision of Equipment by Company does not convey any license, by implication, estoppel, or otherwise, under patent claims covering combinations of said Equipment with other devices or elements.The foregoing states the.entire liability of Company with regard to patent infringement.Notwithstanding the provisions of this paragraph,Customerwill hold Company harmless against any expense or loss resulting from infringement of pa ents or trademarks arising from compliance with Customer's designs or specifications or instructions. 14. Cancellation. Equipment is specially manufactured in response to orders.An or er placed with and accepted by Company cannot be delayed, canceled, suspended, or extended except with Company's written consent and upon written terms accepted by Company that will reimburse Company for and indemnify Company against loss and provide Company with a reasonable profit for its materials, time, labor, services, use of facilities and otherwise.Customer will be obligated to accept any Equipment shipped,tendered for delivery or delivered by Company pursuant to the order prior to any agreed delay,cancellation,suspension or extension of the order. Ar y attempt by Customer to unilaterally revoke,delay or suspend acceptance for any reason whatever after it has agreed to delivery of or accepted a iy shipment shall constitute a breach of this Agreement. For purposes of this paragraph,acceptance occurs by any waiver of inspection,use or possession of Equipment,payment of the invoice,or any indication of exclusive control exercised by Customer. 15. Invoicing and Payment. Equipment shall be invoiced to Customer upon tender c f delivery thereof to the carrier.Customer shall pay Company's invoices within net 30 days of shipment date. Company reserves the right to add to any account outstanding for more than 30 days a service charge equal to the lesser of the maximum allowable legal interest rate or 1.5%of the princip I amount due at the end of each month. Customer shall pay all costs(including attorneys'fees)incurred by Company in attempting to collect amoun s due and otherwise enforcing these terms and conditions. If requested, Company will provide appropriate lien waivers upon receipt of payment. Company may at any time decline to ship,make delivery or perform work except upon receipt of cash payment,letter of credit,or security,or upon ther terms and conditions satisfactory to Company.Customer agrees that,unless Customer makes payment in advance,Company will have a purchi ise money security interest in all Equipment to secure payment in full of all amounts due Company and its order for the Equipment,together with thes terms and conditions,form a security agreement(as defined by the UCC in the United States and as defined in the Personal Property Security Act ii Canada).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. The purchase money security interest granted herein attaches upon Company's acceptance of Customer's order and on receipt of the Equipment described in the accepted Proposa but prior to its installation. The parties have no agreement to postpone the time for attachment unless specifically noted in writing on the accepted order. Customer will have no rights of set off against any amounts,which become payable to Company under this Agreement or otherwise. 16.Claims. Company will consider claims for concealed shortages in shipments or rejections due to failure to conform to an order only if such claims or rejections are made in writing within 15 days of delivery and are accompanied by ti ie packing list and, if applicable,the reasons in detail why the Equipment does not conform to Customer's order. Upon receiving authorization and shipping instructions from authorized personnel of Company, Customer may return rejected Equipment,transportation charges prepaid,for replacen ent. Company may charge Customer any costs resulting from the testing,handling,and disposition of any Equipment returned by Customer which a e not found by Company to be nonconforming.All Equipment damaged during shipment and all claims relating thereto must be made with the eight carrier in accordance with such carrier's policies and procedures.Claims for Equipment damaged during shipment are not covered under tt e warranty provision stated herein. 17. Export Laws. The obligation of Company to supply Equipment under this Agree ent is subject to the ability of Company to supply such items consistent with applicable laws and regulations of the United States and other goverr ments. Company reserves the right to refuse to enter into or perform any order,and to cancel any order,under this Agreement if Company in its so a discretion determines that performance of the transaction to which such order relates would violate any such applicable law or regulation. Custom r will pay all handling and other similar costs from Company's factories including the costs of freight,insurance,export clearances,import duties and laxes.Customer will be"exporter of record"with respect to any export from the United States of America and will perform all compliance and logistics functions in connection therewith and will also comply with all applicable laws,rules and regulations.Customer understands that Company and/or th B Equipment are subject to laws and regulations of the United States of America which may require licensing or authorization for and/or prohibit export, re-export or diversion of Company's Equipment to certain countries,and agrees it will not knowingly assist or participate in any such diversion or other violation of applicable United States of America laws and regulations.Customer agrees to hold harmless and indemnify Company for any damages resulting to Customer or Company from a breach of this paragraph by Customer. 18. General. Except as provided below,to the maximum extent provided by law,thiE Agreement is made and shall be interpreted and enforced in accordance with the laws of the state of New York for Equipment shipped to a U.S. location and the laws of the province to which Equipment is FLD=Furnished by Trane U.S.Inc./Installed by Equipment Proposal Page 7 of 8 Others (RT#7178 Zephyrhills FL RTU 2 December 10 2019 shipped within Canada,without regard to its conflict of law principles that might othe ise call for the application of a different state's or province's law, and not including the United Nations Convention on Contracts for the International ale of Goods. Any action or suit arising out of or related to this Agreement must be commenced within one year after the cause of action has accr ed. To the extent the Equipment is being used at a site owned and/or operated by arhy`�gency of the Federal Government,determination of any su stantive issue of law shall be according to the Federal common law of Government contracts as enunciated and applied by Federal judicial bodies a d boards of contract appeals of the Federal Government. This Agreement contains all of the agreements, representations and understandings I of the parties and supersedes all previous understandings, commitments or agreements, oral or written, related to the subject matter hereof. his Agreement may not be amended, modified or terminated except by a writing signed by the parties hereto. No documents shall be incorporated Perein by reference except to the extent Company is a signatory thereon.If any term or condition of this Agreement is invalid,illegal or incapable of be ng 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 econom,is or legal substance of the transaction contemplated hereby is not affected in a manner adverse to any party hereto.Customer may not assign,trans er,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 foregoi g,this Agreement shall be binding upon and inure to the benefit of Customer's permitted successors and assigns.This Agreement may be executed in several counterparts,each of which when executed shall be deemed to be an original, but all together shall constitute but one and the same Ag eement. A fully executed facsimile copy hereof or the several counterparts shall suffice as an original. 19. Equal Employment Opportunity/Affirmative Action Clause. Company is a fe eral contractor that complies fully with Executive Order 11246, as amended,and the applicable regulations contained in 41 C.F.R.Parts 60-1 throu h 60-60,29 U.S.C.Section 793 and the applicable regulations contained in 41 C.F.R.Part 60-741;and 38 U.S.C.Section 4212 and the applicable r gulations contained in 41 C.F.R. Part 60-250 Executive Order 13496 and Section 29 CFR 471,appendix A to subpart A,regarding the notice of em loyee 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 app icable Provincial Human Rights Codes and employment law in Canada. 20. U.S.Government Work The following provision applies only to direct sales by Company to the US Gove nment. The Parties acknowledge that Equipment ordered and delivered under this Agreement are Commercial Items as defined under Part 12 of th Federal Acquisition Regulation(FAR).In particular,Company agrees to be bound only by those Federal contracting clauses that apply to"commer ial"suppliers and that are contained in FAR 52.212-5(e)(1). The following provision applies only to indirect sales by Company to the US overnment. As a Commercial Item Subcontractor,Company accepts only the following mandatory flow down provisions: 52.219-8; 52.222-26; 5 .222-35; 52.222-36; 52.222-39; 52.247-64. If the sale of the Equipment is in connection with a U.S.Government contract,Customer certifies that i has provided and will provide current,accurate,and complete information, representations and certifications to all government officials, including b not limited to the contracting officer and officials of the Small Business Administration, on all matters related to the prime contract, including bl t not limited to all aspects of its ownership, eligibility, and performance. Anything herein notwithstanding,Company will have no obligations to ustomer unless and until Customer provides Company with a true, correct and complete executed copy of the prime contract. Upon request, Cus omer will provide copies to Company of all requested written communications with any government official related to the prime contract prior to or c ncurrent with the execution thereof,including but not limited to any communications related to Customer's ownership,eligibility or performance of the prime contract. Customer will obtain written authorization and approval from Company prior to providing any government official any information abo t Company's performance of the work that is the subject of the Proposal or this Agreement,other than the Proposal or this Agreement. 21. Limited Waiver of Sovereign Immunity. If Customer is an Indian tribe(in the .S.)or a First Nation or Band Council(in Canada), Customer, whether acting in its capacity as a government, governmental entity, a duly organiz d corporate entity or otherwise, for itself and for its agents, successors, and assigns: (1) hereby provides this limited waiver of its sovereign im unity as to any damages, claims, lawsuit, or cause of action (herein"Action")brought against Customer by Company and arising or alleged to ari a out of the furnishing by Company of any product or service under this Agreement,whether such Action is based in contract,tort,strict liability,civil I ability or any other legal theory;(2)agrees that jurisdiction and venue for any such Action shall be proper and valid (a) if Customer is in the U.S., in any state or United States court located in the state in which Company is performing this Agreement or(b) if Customer is in Canada, in the sup rior court of the province or territory in which the work was performed;(3)expressly consents to such Action,and waives any objection to jurisdicti n or venue;(4)waives any requirement of exhaustion of tribal court or administrative remedies for any Action arising out of or related to this Agreeme t;and(5)expressly acknowledges and agrees that Company is not subject to the jurisdiction of Customer's tribal court or any similar tribal forum,th t Customer will not bring any action against Company in tribal court, and that Customer will not avail itself of any ruling or direction of the tribal court permitting or directing it to suspend its payment or other obligations under this Agreement. The individual signing on behalf of Customer warr nts and represents that such individual is duly authorized to provide this waiver and enter into this Agreement and that this Agreement constitutes th valid and legally binding obligation of Customer,enforceable in accordance with its terms. 1-26.130-4(0614) Supersedes 1-26.130-4(0214) FLD=Furnished by Trane U.S.Inc./Installed by Equipment Proposal Page 8 of 8 Others