HomeMy Public PortalAboutTAW Preventive Maint. Agmtu4iu0izu1u 13:uu rna 9549779249 TAW POWER SYSTEMS FA001
TAW Power Systems Group Generator Field Service
` 1 KOHLER GEtiC-RATORS
•� 1500 NW 15`" Street
TA `�` PompanoBeach,(800).876-0990Fl
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Too
Tel: (954) 977-0202
Fax: (954) 977-0611
PROPOSAL
April 5, 2011
OFFER # 208284Q
GULF STREAM WATER PUMP
100 SEA ROAD
GULF STREAM, FL 33483
ATTN: WILLIAM THRASHER
561-276.5116
FAX: 561-737-0188
S/N 0716306
The following is our proposal to perform work on your generator set
REMOVAL AND REPLACEMENT OF ENGINE AIR FILTER
SERVICE TO BE COMPLETED DURING NEXT PREVENTATIVE MAINTENANCE VISIT
Job Net Total (all applicable taxes extra): ................................................. $ 135.10
• Proposal includes above parts, disposal of all waste materials, shipping/handling and labor to perform job described above during
normal working hours Monday through Friday from 8:00AM to 4:30PM.
• TAW is not responsible for any permitting that may be required to perform any of our services.
• Jobs that require special order parts will not go on the schedule until parts are in our warehouse. A temporary date may be given
and is subject to change.
• A 25% restocking fee will be charged to all cancelled proposals along with any freight charges incurred for any special ordered
parts.
• Proposal does not include any additional work required due to unforeseen problems that may be discovered after work has begun.
• All sales tax is due on a9 work unless a valid tax-exempt certificate is supplied.
• This proposal is separate from any previous written or implied and requires authorization and purchase order to proceed.
• All TAW plans, specifications, and technical drawings are copyrighted works and contain proprietary know-how of TAW, and Buyer
has no right to reproduce, distribute or publish copies of TAW s copyrighted works or to create derivative works of TAW's
copyrighted works without the express written permission of an authorized representative of TAW.
• This Proposal is offered with TAW's Standard Terms and Conditions. A copy is available upon request.
If your review is favorable, please sign and return to our office as soon as possible along with a copy of your purchase
order to the number listed above.
If you should have any questions regarding this proposal, please, do not hesitate to contact me.
NAME:
TITLE:
GOOD FOR 30 DAYS
Brian Flalfg/f/g/e
TAW Power S st
1500 NW 15"A E
Pompano Beach, FI. 33069
DATE:'l�b�1/
"
P.O. /ll/%f
Please Call Service to Schedule
A.g, 21. 2009 1'
r
TAW
.COHLER Gt NCRAT _)� tS
PROPOSAL
TOWN OF GULFSTREAM
100 SEA ROAD
GULFSTREAM, FLORIDA,
Attn: BILL
Fax: 561-737-0188
Phone:
04
8� o D
i,, .
�S a 7�
The following is our proposal to perform work on your generator set
No. 1038_._, P. ':
2059 Blount Road
Pompano Beach, Florida, 33069
Toll Free: (600)-676-0990
Tel: (054) 977-0202
Fax: (954) 977.0611
August 20, 2009
OFFER # 1820200
1, REPLACE RECTIFIER BRIDGE AND RT BOX TO ENSURE PROPER OPERATION OF TRANSFER SWITCH IN
THE EVENT OF A POWER OUTAGE
Job Net Total (all applicable taxes extra): .............................................. $ 1,815.00
• Proposal includes above parts, disposal of all waste materials, shipping/handling and labor to perform job described above during
normal working hours Monday through Friday form 8:OOAM to 4:30PM.
• TAW Is not responsible for any permitting that may be required to perform any our services.
• Jobs that require special order parts will not go on the schedule until parts are in our warehouse. A temporary date may be given
and is subject to change.
• A 25% restocking fee will be charged to all canceled proposals along with any freight charges incurred for any special ordered
parts.
• Proposal does not include any additional work required due to unforeseen problems that may be discovered after work has begun.
• All sales tax is due on all work unless a valid tax-exempt certificate is supplied.
• This proposal is separate from any previous written or implied and requires authorization and purchase order to proceed.
• All TAW plans, specifications, and technical drawings are copyrighted works and contain proprietary know-how of TAW, and
Buyer has no right to reproduce, distribute or publish copies of TAW's copyrighted works or to create derivative works of TAW's
copyrighted works without the express written permission of an authorized representative of TAW.
• This Proposal is offered with TAW's Standard Terms and Conditions. A copy is available upon request-
If
equest
If your review is favorable, please sign and return to our office as soon as possible along with a copy of your purchase
order to the number listed above.
If you should have any questions regarding this proposal, please, do not hesitate to contact me.
NAME: W --
DATE:
TITLE: P.O.
OFFER GOOD FOR 30 DAYS Please Call Service to Schedule
Thank You.
lo-'ZJW7 f
Robert Hughes
Aug. 21. 2001 11:
TAW
KOHLER (iA WR+; CUP.5
PROPOSAL
PROPOSAL EXHIBIT B
GENERATOR/ATS SYSTEM
PAYMENT OF CHARGES
No, 1038. _P. 2/2
2059 Blount Road
Pompano Beech, Florida, 33069
Toll Free: (800}87&0990
Tel: (954) 977-0202
Fa%: (954) 977.0611
TAW agrees to offer the attached Proposal with the following options for payment of services: Customer please
select one (1) of the options below and provide required information. Once your Proposal is accepted and your
option for payment is selected, the appropriate forms will be provided to you. TAW cannot commence services until
t m od of payment has been established.
1. O an TAW Account (net 30 days)
lease fill the TAW Credit Application completely. Please include all information and signatures. You will be
provided with an Invoice upon completion of each PM Inspection or Demand Service
2. Credit Card on File
Please provide Credit Card information to be kept on file for payment of PM Services and/or Demand Service as
requested by you. Credit Card will be processed upon completion of each PM Inspection or Demand Service
3. Electronic Funds Transfer (EFT)
Please provide information on a bank account to facilitate EFT transactions for payment of PM Services and/or
Demand Service as requested by you. EFT will be processed upon completion of each PM Inspection or
Demand Service
PROPOSAL EXHIBIT A
PREVENTATIVE MAINTENANCE AGREEMENT
ENGINE -GENERATOR SYSTEMS
QUARTERLY INSPECTIONS
Upon acceptance of this proposal TAW will perform the services listed below. TAW will inspect during business hours at least
¢ times each year while this agreement remains in effect. These inspections will include:
Lube, oil and filter change (Once/year)
Fuel filter change (Once/year)
Engine tune-up with parts (Once/year)
Service air cleaner (Once/yearj
Check coolant level
Test anti -freeze and adjust
Inspect belts condition
Check engine heater operation
Inspect air intakes and outlets
Check transfer tank operation
Drain exhaust line
Inspect silencer
Check battery charger operation and charging rate
Check battery electrolyte levels and specific gravity
Emergency system operation without load transfer
X Emergency system operation with load transfer
X Frequency check/govemor adjustment
X Confirm transfer switch and accessory operation
X Check alternator charge rate
X Confirm engine and generator gauge operation
X Confirm generator controller operation Including shutdow,
functions and emergency stop
X Check unit output voltage and adjust as necessary
Check paralleling equipment operation
Oil analysis
X Inspect fuel line and electrical connections
X Check fuel tank level
Load Bank Testing
Annual Fuel Sampling
Manufacturer
Model
Serial Number
Kw
Equipment
Location Annual
Amount
KOHLER
80REOZJ
1402la7
86
Generator
TOWN OF GULF STREAM
$786.00
100 Sea Road
I
Gulf Stream, FL 33483
Loadbank testing..............................................................................................................
NetLot Total......................................................................................................................$ 786.00 +i
This proposal is open for acceptance for 70 days.
Terms L Conditions! TAW Preventative Maintenance Agreement & Notification Incorporated herein.
Proposal Acceptance
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P R E V E N T I V E M A I N T E N A N C E A G R E E M E N T
E n g i n e a n d G e n e r a t o r S y s t e m e
T O W N O F G U L F S T R E A I t i ( " C u s t o m e r " ) , o f 1 0 0 S e a R o a d , G u l f S t r e a m , F L 3 3 4 8 3 a n d T A M P A A R M A T U R E W O R K S , I N C . , ( " C o m r a c l n r
o r T A W " ) o f 4 4 0 S o u t h 7 P S t r e e t , T a m p a , F l o r i d a 3 3 6 1 9 , i n c o n s i d e r a t i o n o f t h e p r o m i s e s m a d e i n t h i s A g r e e m e n t a n d i n t e n d i n g t o b e l e g a l l y b o u n d ,
a g r e e a s f o l l o w s .
R E C I T A L S
C u s t o m e r o w n s a g e n e r a t o r s y s t e m , t o g e t h e r w i t h a s s o c i a t e d e q u i p m e n t ( h e r e t o " S y s t e m " ) , f o r u s e b y C u s t o m e r i n p r o v i d i n g e m e r g e n c y a n d o t h e r
s o u r c e s o f e l e c t r i c a l p o w e r t o a f a c i l i t y o r f a c i l i t i e s o w n e d o r o p e r a t e d b y C u s t o m e r . C o n t r a c t o r t s e n g a g e d i n t h e s e r v i c e a n d m a i n t e n a n c e o f s y s t e m s
l i k e t h e S y s t e m o w n e d o r o p e r a t e d b y C u s t o m e r a n d h a s b e e n r e q u e s t e d t o p r o v i d e m a i n t e n a n c e a n d / o r t e s t i n g t o t h e S y s t e m p u r s u a n t t o t h e t e r m s a n d
c o n d i t i o n s o f t h i s A g r e e m e n t ( t h e " S e r v i c e s " ) .
M A I N T E N A N C E S E R V I C E S
1 . C o n t r a c t o r s h a l l m a i n t a i n a n d s e r v i c e t h e S y s t e m , c o n s i s t i n g o f t h e e q u i p m e n t o n E x h i b i t " A " a t t a c h e d t o t h i s A g r e e m e n t a n d i n c o r p o r a t e d h e r e i n b y
r e f e r e n c e ( t h e " e q u i p m e n t " ) , i n a c c o r d a n c e w i t h s c h e d u l e o f S e r v i c e s d e s c r i b e d a n E x h i b i t " A " . C o n t r a c t o r s h a l l p r o v i d e s c h e d u l e d p r e v e n t i v e
m a i n t e n a n c e , w i t h t h e s c h e d u l e t o b e b a s e d o n t h e s p e c i f i c n e e d s o f t h e E q u i p m e n t a s d e t e r m i n e d b y C e n t r a e t o r . I n a d d i t i o n , C o n t r a c t o r m a y p r o v i d e
o t h e r r e m e d i a l m a i n t e n a n c e a n d / o r t e s t i n g a t C u s i o m e r ' s r e q u e s t , a s a n d w h e n n e e d e d . S e r v i c e m a i n t e n a n c e a n d / o r t e s t i n g m a y i n c l u d e , w i t h o u t
l i m i t a t i o n , l u b r i c a t i o n a d j u s t m e n t s , t e s t i n g , a n d r e p l a c e m e n t o f p a r t s a n d c o m p o n e n t s d e e m e d n e c e s s a r y b y C o n t r a c t o r . S c h e d u l e d M a i n t e n a n c e s h a l l
i n c l u d e t h o s e i t e m s o f s e r v i c e a n d / o r t e s t i n g d e s c r i b e d o n E x h i b i t " A " a t t a c h e d h e r e t o , t o b e p e r f o r m e d b y C o n t r a c t o r a t t h e m l e r v a l s s p e c i f i e d h e r e o n .
O t h e r m a i n t e n a n c e a n d / o r t e s t i n g r e q u e s t e d b y C u s t o m e r a n d n o t d e s c r i b e d e n E x h i b i t " A " s h a l l i n c l u d e t h o s e i t e m s o f s e r v i c e r e q u e s t e d b y C u s t o m e r
a n d a g r e e d u p o n b y C o n t r a c t o r .
E X C L U S I O N S
1 . U n l e s s o t h e r w i s e a g r e e d b y C o n t r a c t o r i n w r i t i n g , t h e s e r v i c e a n d m a i n t e n a n c e p e r f o r m e d p u r s u a n t t o t h i s A g r e e m e n t s h a l l n o t i n c l u d e a n y o f t h e
f o l l o w i n g :
( a ) E l e c t r i c a l w o r k e x t e r n a l t o l i e E q u i p m e n t
( b ) f u r n i s h i n g o f s u p p l i e s o r a c c e s s o r i e s .
( c ) p a i n t i n g o r r e f u u s l u n g t h e E q u i p m e n t o f F a m i s h i n g t h e m a t e r i a l t h e r e f o r .
( d ) M a k i n g s p e c i f i c a t i o n c h a n g e s t o d i e E q u i p m e n t .
( e ) p e r f o r m i n g s e r v i c e s c o n n e c t e d w i t h r e l o c a t i o n o f t h e E q u i p m e n t .
( f ) R e p a i r i n g d a m a g e r e s u l t i n g f r o m , o r f a m i s h i n g p a r t s r e q u i r e d a s a r e s u l t o f c a u s e s o t h e r t h a n o r d i n a r y w e a r a n d t e a r i n c l u d i n g , w i t h o u t l i m i t a t i o n :
n e g l e c t ; m i s u s e , i n c l u d i n g f a u l t y r e p a i r o r m a i n t e n a n c e b y p e r s o n s o t h e r t h a n t h e C o n v e c t o r , a c c i d e n t s , f a i l u r e o f e l e c t r i c a l p o w e r , a u c o n d i t i o n i n g ,
h u m i d i t y c o n t r o l o r e v e n t s o u t s i d e t h e r e a s o n a b l e c o n t r o l o f C o n t r a c t o r , s u c h a s , b u t n o t l i m i t e d t o , A c t s o f G o d .
( g ) A d d i n g , r e m o v i n g , s e r v i c i n g , o r m a i n t a i n i n g a c c e s s o r i e s , a t t a c h m e n t s , o r o t h e r d e v i c e s n o t f u r n i s h e d b y C o n t r a c t o r , u n l e s s s p e c i f i c a l l y s c h e d u l e d o n
E x h i b i t " A "
( h ) O t h e r s :
P A R T S
3 . C o n t r a c t o r s h a l l f u r n i s h p a n s a s n e c e s s a r y a t C o n t r a c t o r ' s t h e n c u r r e n t s c h e d u l e d p r i c e o r o n a n e x c h a n g e b a s i s , r e g a r d l e s s o f w h e n i n s t a l l e d a n d s u c h
p a n s s h a l l b e e i t h e r n e w o r e q u i v a l e n t t o n e w i n p e r f o r m a n c e w h e n u s e d i n t h e E q u i p m e n t .
C H A R G E S
4 . ( A ) C h a r g e s f o r t h e p r e v e n t i v e m a i n t e n a n c e d e s c r i b e d o n E x h i b i t " A " w e d e s c r i b e d h e r e i n .
( b ) C h a r g e s f a r o n - c a l l , u n s c h e d u l e d s e r v i c e , o r f o r S e r v i c e s o t h e r w i s e r e q u e s t e d b y C u s t o m e r , s h a l l b e a t t h e r a t e s t h e n p u b l i s h e d a n d a g r e e d u p o n b y
C o n t r a c t o r , i n w r i t i n g ,
P A Y M E N T O F C H A R G E S
5 . C u s t o m e r a g r e e s t o p a y C o n t r a c t o r i m m e d i a t e l y u p o n c o m p l e t i o n f o r t h e s c h e d u l e d m a i n t e n a n c e d e s c r i b e d o n E x h i b i t " A " . C u s t o m e r o t h e r w i s e a g r e e s
t o p a y C o n t r a c t o r f o r a l l o n - c a l l , u n s c h e d u l e d o r o t h e r w i s e C u s t o m e r r e q u e s t e d m a i n t e n a n c e c h a r g e s i m m e d i a t e l y o n c o m p l e t i o n u n l e s s o t h e r w i s e a g r e e d
b y C o n t r a c t o r i n w r i t i n g I f C o n t r a c t o r e l e c t s t o a c c e p t p a y m e n t f r o m C u s t o m e r o t h e r t h a n o n c o m p l e t i o n f o r t h e S e r v i c e s p r o v i d e d p u r s u a n t t o t h i s
A g r e e m e n t , C u s t o m e r s h a l l p r o m p t l y c o m p l y w i t h t e r m s o f p a y m e n t g r a n t e d b y C o n t r a c t o r . A n y p a y m e n t d u e , s h a l l e n t i t l e C o n t r a c t o r t o s e e k , i n
a d d i t i o n t o t h e p r i n c i p a l a m o u n t a w e d , i n t e r e s t a t e i g h t e e n p e r c e n t ( 1 8 % ) p e r y e a r o r m a x i m u m r a t e a l l o w a b l e b y F i e n d s . l a w .
TERM
6, This Agreement shall be effective from the date of its execution by Contractor and Customer and shall remain in force unless terminated, in writing, by
either party giving the other thirty (30) days written notice as provided harein. However, the giving of notice of termination shall not rcljeve or elmunate
the obligations of the Contractor and/or Customer occurring before die terrrdnation date, unless otherwise agreed by the parties hereto in writing,
WARRANTY; LIMITATION
7. (a) Contractor warrants that under normal conditions of use and operation, die Services furnished pursuant to this Agreement shall be free from defects
in workmanship and that the ports furnished pursuant to dus Agreement shall be free from defects in workmanship and material.
(b) Contractor's obligation under this warranty is limited to Ute repair or replacement, at its option, of any pat that, within ninety (90) days atter
installation and acceptance, is established by Contractor not to be in conformity with the Equipment manufacturer's published specifications. Contractor
further warrants that its Services rendered pursuant m this Agreement shall be free of defects in workmanship for ninety (90) days after performance of
Services, but Contractor's obligation shall be limited to correction of the defective workmianship.
(c) The foregoing warranty and conditions shall apply only in any repaired or replaced product, part, or component supplied by Contractor, together with
the workmanship as provided harem.
(d) THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY LaLIED
WARRANTY OF MPRCI-IANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
(e) Customer aerees that the sole remedies for the breach of any warranties contained in this Agreement are those expressly stated in this provision.
Customer further agrees that in no event shall Contractor's liability to Customer for damages of any nature exceed the total charges paid or payable for
either (1) the total charges paid or payable for all Services during ora (1) year tmdar flus Agreement if the liability, arises fmm lite provision of such
Servicer, or (2) the purchase price of the parts tithe liability results from the provision of such parts.
ACCESS TO EQUIPMENT; PERFORMANCE OF SERVICES; CUSTOMER OBLIGATIONS
S. (a) Contractor's maintenance personnel shall have fine access to the System and the Equipment for the purpose of providing maintenance service.
(b) During the Services provided pursuant to dw Agreement as to tie System, whether an interruption in electrical services in contemplated by Customer
or Contractor or not, as a matter of allocaling between Customer and Contractor the risks associated with an interruption in electrical services and/or
taking the System off lithe, Customer agrees to use its best efforts to fully and complctely secure all or any part of any facility in which the System is
located, as the case may be, for any and all safety issues that m electrical service interruption might give rise to, including but not limited to, injury to
building occupants, customers, invitees, or any thud party and/or property damage, or work interruption, wising out of any event of maintenance or
testing performed by Contractor as to the System. Customer agrees with Contractor that securing of the premises in order for Contractor to perform its
Services is a material and critical element of this Agreement and, prior to the performance or any rnamtenance and/or testing Services under this
Agreement, Customer will receive and execute with Contractor a written Notification and Acknowledgement of Inspection and Warring ("Notification")
related to the Services provided herein. The Notification shall include Contractor's estimate as to when interruption of electrical smites may occur
during die performance of its obligations under this Agreement. Customer further agrees that Contractor shall have no liability to Customer or any third
party for any estimate given in connection with ponennal interruptions in electrical services during the perfommnce of Contractor's obligations lime" it
being acknowledged by Customer that Contractor's Services are often affected by acts of third parties and/or components or elements f the System that
do not allow for more specific and accurate estimates as to when an electrical service interruption may occur.
DELAYS
9. Contractor shsll not be liable for any delays in performance directly or indirectly resulting from acts of Customer, its agents, employees, or
subcontractors, or causes beyond the reasonable control of Contractor. "Causes beyond the reasonable control of Contractor' include, but are not limited
to:
(a) Acts of God (li) Strikes, civil commotions, or revolutions
(b) Acts of a public enemy (i) Freight embargas
(c) Acts of the United States or the District of Columbia, or any State (j) Unusually severe weather conditions
or Territory of the United States, or any of their political subdivision. (k) Default of Cantrector's subcontractors or suppliers
(d) Fire (1) Normal wear and tear
(e) Flood (m) Overloads
(f) Epidemics (n) Improper operation and/or abuse of the System by Customer or outer
third parties
(g) Quarantine restrictions (o) Accidents beyond the reasonable control of Contractor.
CONSEQUENTIAL DAMAGES
10. CUSTOMER AGREES TI -IAT CONTRACTOR SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OR FOR THE LOSS OF PROFITS, REVENUES, OR ANY OTHER LOSSES ARISING OUT OF ANY DEFAULT UNDER THIS
AOREEMENT, EVEN IF CONTRACTOR SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE.
IDEMNIFICATION OF CONTRACTOR
11. Customer agrees to defend, hold harmless, and indemnify Contractor, its officers, directors, employees and agents for any and all losses, damages,
and liabilities, legal or nan-legal, arising out of any interruption in electrical services or as to any other incident or event as to the System which is not
caused by the willful misconduct or gross negligence of Contractor. Customer further agrees with Contractor that this Agreement of indemnification
shall include, without limitation, any attorney's fees, costs or other legal or non -legal expenses orally description incurred by Contractor.
TERMINATION
12. Contractor shall have the right to terminale this Agreement in the event any one of the following instances of default occurs and is not remedied
within seven (7) days after receipt of a written notice thereof.
(a) Failure of Customer to pay or make financial ft=gemeats satisfactory to Contractor for the Services described herein:
(b) Customer's failure to perform or observe any of the terms and conditions under dos Agreement, including, without limitation, timely payment of any
sums due Contractor,
(c) Any assigmnam of Customer's business or assets far due benefit of creditors;
t.,
(d) The filing of a petition in bankruptcy by or against Customer,
(e) The appointment f a receiver, trustee in bankruptcy, or similar officer to take charge of oft or pan of Customer's property,
(f) Others:
11USCELLANEOUS
13. In addition to the other terms and conditions of This Agreement, Customer and Contractor further agree that the following shall also govern this
Agreement:
(a) Waiver No waiver of any of the terms or conditions of this Agreement shall be binding or effective for any purpose unless expressed in writing and
executed by the party giving the same.
(b) Governing Inco; Constitution. This Agreement is being delivered and performed in the State of Florida and shall be construed in accordance with,
and govertted by, the laws of ire State of Florida. Venue of any action related to this Agreement shall be placed in the courts of Polls or Hillsborough
County, Florida, exclusively. Ttds Agreement, together with any other documents executed in conjunction with or pursuant to this Agreement shall not
be construed against either Customer or Contractor, regardless of which party drafted the Agreement, it being intended this Agreement is the product of
informed negotiations between both parties with full knowledge of the meaning of the terms and conditions hereto.
(c) Enforcement in connection with any action out of this Agreement, or in any way relating to the transactions contemplated hereby, the prevailing parry
in such action shall be entitled to recover from the non -prevailing party, all court costs and expenses of litigation, including attorney's fees, court costs,
costs of investigation, accounting and other costs reasonably related to the litigation, including, but without limitation, all attorney's fees and costs
subsequent to entry of any judgement on behalf of the prevailing party, on appeal, in connection with any bankruptcy proceedings, or in any alternative
dispute resolution proceedings. THE PARTIES TO THIS AGREEMENT HEREBY WAIVE, WITHOUT EXCEPTION, ANY RIGHT TO JURY
TRIAL RELATED TO ANY ISSUE OR MATTER ARISING OUT OF OR IN CONNECTTON WITH 7I.11S AGREEMENT.
(d) Successors and Assigns. All of the tertius and conditions of this Agreement, and the rights and obligations of the parties hereunder, shall be binding
upon and shall inure to the benefit of the respective heirs, personal representatives, successors and assigns of the parties hereto.
(e) Entire Agreement This Agreement, any Agreements referenced herein and exhibits attached hereto constitute the entire Agreement and
understanding of the parties with respect to the transactions contemplated hereby as an exclusive statement, and incorporate and supersede all prior and
contemporaneous negotiations, agreemew and understandings related to the subject matter hereof. This Agreement, referenced Agreements, and
exhibits may not be amended, terminated or otherwise modified, except by a written instrument executed by all of the parties to be bound thereby.
(f) Notice. Subject to notice of change of address, in Ute manna provided in this Paragraph, any notice, request, instruction, or other document to be
given under this Agreement by any party to any other party shall he in writing, signed by or on behalf of the party giving notice, and shall be deemed to
have been given on the earlier to occur of:
1. the date of actual delivery, or
2. five (5) days after the date on which such notice is mailed by United States Mail, postage prepaid to each party at the addresses listed below, or
3. the data of electronic facsimile transmission that is verified by the issuance of a successful facsimile transmission report at the facsimte klephone
number for the receiving party, which is currently on rile with the sending party, or
4, the business day following die day on which such notice is sent by any next day or overnight delivery service to each perry at the address listed
below
If to the customer.
TOWN OF GULF STREAM
100 Sea Road
Gulf Stream, FL 33483
If to the Contractor:
Tampa Armature Works, Inc.
440 South 78' Stmt
Tampa, FL 33619
With copy to:
William M. Midyette, III, Esquire
Harris, Midyette, & Darby, PA
2012 South Florida Avenue
Lakeland, FL 33803
Neither party shall hold
the other in default hereunder without first giving seven (7) days written notice of default and specifying the action required to
cure the default.
CUSTOMER: ZOWN OF GULF STREAM
By:
CONTRACTOR
Tampa Armature Works, Inc.
By. Jose J. Santos
As its: Account Representative
Feb' top-
^ FEB.26.2003 2:16Pf
PROPOSAL EXHIBIT A
PREVENTATIVE MAINTENANCE PROPOSAL.
ENGINE -GENERATOR SYSTEMS
SMI -ANNUAL INSPECTIONS
1167
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TRW POWER SYSTEMS "J. ayb r.o
upon acceptance of this proposal TAW will perform the services listed below. TAW will Inspect during business harm at least
2 times each year while this agreement remains in effect. These Inspections will include:
Lube, oil and filter change (Oncelyear)
Fuel filter change (Oncelyear)
Engine tune-up with parts (Oncelyear)
Service air teener (Oncelyear)
Check coolant level
Test antifreeze and adjust
Inspect belts condition
Check engine heater operation
inspect air intakes and outlets
Check transfer lank operation
Drain exhaust line
Inspect silencer
Check battery charger operation and charging rate
Check battery electrolyte levels and sftcific gravity
Emergency system operation without load transfer
Emergency system operation with load transfer
Frequency chacWgovernor adjustment
Confirm transfer switch and accessory operation
Check alternator charge rate
Confirm engine and generator gauge opendion
Confirm generator controller operation incl,tding
shutdown functions and emergency stop
Check unit output Voltage and adjust as nG.cessary
Check paralleling equipment operation
Oil analysis
Inspect fuel lino and electrical conneUion:
Check fuel tank level
Load Bank Testing
Annual Fuel Sampling
Manufacturer
Modal
Serial Number Kw Equipment Location
Annual
Amount
Kohler
90 R 05
0719306 9t) Generator cult Stream Storm ater Pump SI
S $24.00
t 170 Sea Roao
Gulfstream. FL aa41113
Loadbank testing ................................................ ...............................................Call office
NetLot Total ......... .................... _................... ...............................................$ 626.06 (PEXIS TWX)
This pr.posal to open Tor acceptance for 30 day$.
Terme s Conditions: TAW prev.nlollr° Mainterenm Agreement a Notldcauon incorporated herein.
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PREVENTIVE MAINTENANCE AGREEMENT
Engine and Generator Systems
Gulfstream Storm Water Pump Station ("Customer"), of 100 Sea Road, Gulfstream, FL 33483, and TAMPA ARMATURE WORKS, INC.,
("Contractor or TAW") of 440 South 78" Street, Tampa, Florida 33619, in consideration of the promises made in this Agreement and intending to be
legally bound, agree as follows -
RECITALS
Customer owns a generator system, together with associated equipment Qirein "System"), for use by Customer in providing emergency and other
sources of electrical power to a facility or facilities owned or operated by Customer. Contractor is engaged in the service and maintenance of systems
like die System owned or operated by Customer and has been requested to provide maintenance and/or testing to the System pursuant to the terms and
conditions otrhis Agreement (the "Services").
MAINTENANCE SERVICES
1. Contractor shall maintain and service the System, consisting of the equipment on Exhibit "A" attached to this Agreement and incorporated herein by
reference (the "Equipment"), in accordance with schedule of Services described on Exhibit "A". Contractor shall provide scheduled preventive
meinteaance, with the schedule to be based on the specific needs of the Equipment as determined by Contractor. In addition, Contractor may provide
other remedial matmenanco and/or testing at Customer's request, as and when needed. Service maintenance and/or testing may include, without
limitation, lubrication, adjustments, testing, and replacement of pans and components deemed necessary by Contractor. Scheduled Maintenance shall
include those items of service and/or testing described on Exhibit "A" attached hereto, to be performed by Contractor at the intervals specified hereon.
Other maintenance and/or testing requested by Customer and not described on Exhibit "A" shall include those items of service requested by Customer
and agreed upon by Contractor.
EXCLUSIONS
1. Unless otherwise agreed by Contractor in writing, the service and maintenance performed pursuant to this Agreement shall not include any of the
following:
(a) Electrical work external to the Equipment
(b) Furnishing of supplies or accessories.
(c) Painting or refinishing the Equipment of Furnhihing the material therefor.
(d) Making specification changes to the Equipment.
(e) Performing serWees connected with relocation of the Equipment.
(Q Repairing damage resulting from, or furnishing ports required as a result of causes other than ordinary wear and tear including, without limitation:
neglect; ndsuse, including faulty repair or maintenance by persons other than die Contractor; accidents; failure of eleentcal power, air conditioning,
humidity control or events outside die reasonable central of Contractor, such as, but not limited to, Acts of God.
(g) Adding, removing, servicing, or maintaining accessories, attachments, or other devices not fumished by Contractor, unless specifically scheduled on
Exhibit "A".
(h) Others:
PARTS
3. Contractor shall furnish pans as necessary at Contractor's then current scheduled price or on an exchange basis, regardless of when installed and such
parts shall be either new or equivalent to new in performance when used in the Equipment.
CHARGES
4. (A) Charges for the preventive maintenance described on Exhibit "A" are described herein.
(b) Charges for on-call, unscheduled service, or for Services otherwiac requested by Customer, shall be at the rates then published and agreed upon by
Contractor, in writing.
PAYMENT OF CHARGES
5. Customer agrees to pay Contractor immediately upon completion for the scheduled maintenance described on Exhibit "A". Customer otherwise agrees
to pay Contractor for all on-call, unscheduled or otherwise Customer requested maintenance charges immediately on completion unless otherwise agreed
by Contractor in writing. If Contractor elects to accept payment from Customer other than on completion for the Services provided pursuant to this
Agreement, Customer shall promptly comply with tmru of payment granted by Contractor. Any payment due, shall entitle Contractor to seek, in
addition to the principal amount owed, interest at eighteen percent (IS%) per year or maximum rate allowable by Florida law.
r Lll.am.auuj C>14rr1 IrIW rVWLK b T b I LISb IYV. 47b t'.J
'TERM
6 This Agreement shall be effective from the date of its execution by Contractor and Customer and shall remain in force unless terminated, in writing, by
either party giving the other thirty (30) days written notice as provided herein. However, the giving of notice of termination shall not relieve or eliminate
die obligations of the Contractor and/or Customer occurring before the termination date, unless otherwise agreed by the parties hereto in writing.
WARRANTY; LIMITATION
7. (a) Contractor warrants that under normal conditions of use and operation, the Services furnished pursuant to This Agreement shall be free from defects
in workmanship and that the pane furnished pursuant to this Agreement shall be free from defects in workmanship and material.
(b) Contractor's obligation under this warranty is limited to the repair or replacement, at its option, of any part that, within ninety (90) days after
installation and acceptance, is established by Contractor not to be in conformity with the Equipment manufacturer's published specifications. Contractor
further warrants that its Services rendered pursuant to this Agreement shall be free of defects in workmanship for ninety (90) days after performance of
Services, but Contractor's obligation shall be limited to correction of the defective workmanship.
(c) The foregoing warranty and conditions shall apply only to any repaired or replaced product, part, or component supplied by Contractor, together with
the workmanship as provided herein.
(d) THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
(e) Customer agrees that the sole remedies for the breach of any warranties contained in this Agreement are those expressly stated in this provision.
Customer further agrees that in no event shall Contractor's liability to Customer for damages of any nature exceed the total charges paid or payable for
either (1) the total charges paid or payable for all Services during one (1) year under this Agreement if the liability arises from the provision of such
Services; or (2) the purchase price of the parts if the liability results from the provision of such pars.
ACCESS TO EQUIPMENT; PERFORMANCE OF SERVICES; CUSTOMER OBLIGATIONS
8. (a) Contractor's maintenance personnel shall have free access to the System and the Equipment for the purpose of providing maintenance service.
(b) During the Services provided pursuant to this Agreement as to the System, whether an inicrruption in electrical services in contemplated by Customer
or Contractor or not, as a matter of allocating between Customer and Contractor the risks associated with an interruption to electrical services and/or
taking the System off line, Customer agrees to use its best efforts to fully and completely secure all or any pert of any facility in which the System is
located, as the cue may be, for any and all safety issues that an electrical service interruption aright give rise to, including but not limited to, injury to
building occupants, customers, invitees, or any third patty and/or property damage, or work interruption, arising out of any event of maintenance or
testing performed by Contractor as to the System. Customer agrees with Contractor that securing of the premises in order for Contractor to perform its
Services is a material and critical clarnent of this Agreement and, prior to the perforrnance of any maintenance and/or testing Services under This
Agreement, Customer will receive and execute with Contractor a written Notification and Acknowledgement of Inspection and Warning ("Notification")
related to the Services provided herein. The Notification shall include Contractor's estimate as to when interruption of electrical services may occur
during the performance of its obligations under this Agreement. Customer further agrees That Contractor shall have no liability to Customer or any third
Party for any estimate given in connection with potential interruptions in electrical services during the performance of Contractor's obligations herein, it
being acknowledged by Customer that Contractor's Services are often affected by acts of third parties and/or components ar elements f the System That
do not allow for more specific and accurate estimates as to when an electrical service interruption may occur.
DELAYS
9. Contractor shall not be liable for any delays in performance directly or indirectly resulting from acts of Customer, its agents, employees, or
subcontractors, or causes beyond the reasonable control of Contractor. "Causes beyond the reasonable control of Contractor" include, but are not limited
to:
(a) Acts of God
(h) Strikes, civil commotions, or revolutions
(b) Acts of a public enemy
(I) Freight embargos
(c) Acts of the United States or the District of Columbia, or any State
(j)
Unusually severe weather conditions
or Territory of the United States, or any of their political subdivision.
(k)
Default of Contractor's subcontractors or suppliers
(d) Fire
(1) Normal wear and tear
(e) Flood
(m) Overloads
(f) Epidemics
(n) Improper operation and/or abuse of the System by Custom" or other
third pieties
(g) Quarantine restrictions
(o) Accidents beyond the reasonable control of Contractor.
CONSEQUENTIAL DAMAGES
10. CUSTOMER AGREES THAT CONTRACTOR SHALL NOT EE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OR FOR THE LOSS OF PROFITS, REVENUES, OR ANY OTHER LOSSES ARISING OUT OF ANY DEFAULT UNDER THIS
AGREEMENT, EVEN IF CONTRACTOR SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE.
IDEMNIFICATION OF CONTRACTOR
11. Customer agmen to defend, hold harmless, and indemnify Contractor, its officers, directors, employees and agents for any and all losses, damages,
and liabilities, legal or non -legal, arising out of any interruption in electrical services or as to any other incident or event as to the System which is not
caused by the willful misconduct or gross negligence of Contractor. Customer further agrees with Contractor that this Agreement of indemnification
shall include, without limitation, any attorney's fees, costs or other legal or non -legal expenses of any description incurred by Contractor.
TERMMA77ON
12. Contractor shall have the right to terminate this Agreement in the event any one of the following instances of default occurs and is not remedied
within seven (7) days after receipt of a written notice thereof:
(a) Failure of Customer to pay or make financial arrangements satisfactory to Contractor for The Services described herein:
(b) Customer's failure to perform or observe any of the terms and conditions under this Agreement, including, without limitation, timely payment of any
sums due Contractor,
(e) Any assignment of Customer's business or assets for the benefit of creditors;
(d) The filing of a petition in bankruptcy by or against Customer;
amu. w.ww c A-; II nU.vvo r.H
(e) The appointment f a receiver, trustee in bankruptcy, or similarofficer to take charge of all or pan of customu's propel;
(f) Others:
MISCELLANEOUS
13. In addition to the other terms and conditions of this Agreement, Customer and Contractor further agree that the following shall also govern this
Agreement.
(a) Waiver. No waiver of any of the tcrrs or conditions of this Agreement shall be binding or effective for any purpose unless expressed in writing and
executed by the parry giving the same.
(b) Govcming Law; Constitution. This Agreement is being delivered and performed in the State of Florida and shall be construed in accordance with,
and governed by, the laws of the State of Florida. Venue of any action related to this Agreement shall be placed in the courts of Polk or Hillsborough
County, Florida, exclusively. This Agreement, together with any other documents executed in conjunction with or pursuant to this Agreement shall not
be construed against either Customer or Contractor, regardless of which party drafted the Agreement, it being intended this Agreement is the product of
informed negotiations between body parties with full knowledge of the meaning of the terms and conditions hereto.
(o) Enforcement in connection with any action out of this Agreement, or in any way relating to the transactions contemplated hereby, the prevailing parry
in such action shall be entitled to recover fiom the non -prevailing party, all tour costs and expenses of litigation, including attorney's fees, court costs,
costs of investigation, accounting and other costs reasonably related to the litigation, including, but witbout limitation, all attomey's fees and costs
subsequent to entry of any judgement on behalf of the prevailing parry, on appeal, in connection with any bankruptcy proceedings, or in any alternative
dispute resolution proceedings. THE PARTIES TO THIS AGREEMENT HEREBY WAIVE, WITHOUT EXCEPTION, ANY RIGHT TO RMY
TRIAL RELATED TO ANY ISSUE OR MATTER ARISING OUT OF OR IN CONNECITON WITH THIS AGREEMENT.
(d) SUteea]oTY and Assigns. All of the terms and conditions of this Agreement, and the rights and obligations of the panics hereunder, shall be binding
upon and shall inure to the benefit of the respective heirs, personal representatives, successors and assigns of the paries hereto.
(e) Entire Agreement. This Agreement, any Agreements referenced herein and exhibits attached hereto constitute the entire Agreement and
understanding of the parties with respect to the transactions contemplated hereby as an exclusive statement, and incorporate and supersede all prior and
contemporaneous negotiations, agreements and understandings related to the subject matter hereof. This Agreement, referenced Agreements, and
exhibits may not be amended, terminated or otherwise modified, except by a written instrument executed by all of die parties to be bound thereby.
(f) Notice. Subject to notice of change of address, in the mannan provided in this Paragraph, any notice, request, instruction, or other document to be
given under this Agreement by any party to any other party shall be to writing, signed by or on behalf of the party giving notice, and shall be deemed to
have been given on the earlier to occur of:
1. the date of actual delivery, or
2, five (5) days after the date on which such notice is mailed by United States Mail, postage prepaid to each party at the addresses listed below; or
3, the date of electronic facsimile transmission that is verified by the issuance of a successful facsimile transmission report at the facsimile telephone
number for the receiving party, which is currently on file with the sending party; or
4. the business day following the day on which such notice is sent by any next day or overnight delivery service to each party at the address listed
below
If to the curomer:
Oulfsrcam Storm Water Pump Station
100 Sea Road
Gulfstream, FL 33483
If to the Contractor:
Tampa Armature Works, Inc.
440 South 78'^ Street
Tampa, FL 33619
With copy to
William M. Midyetto, III, Esquire
Hams, Midyeme, & Darby, P.A.
2012 South Florida Avcnue
Lakeland, FL 33803
Neither party shall hold the other in default hereunder without first giving seven (7) days written notice of default and specifying the action required to
cure the default.
CUSTOMER: Gulfsream
Storm Water Pump Station
By:
CONTRACTOR
Tampa Armature Works, Inc.
By Percy Carey
As its: scount Renrearntative
Lu. Lu. LV VJ L 1V111 IfIW , VWLI� J,JIL, IJ
I1V. "Vo r. 0
PROPOSAL EXHIBIT A
PREVENTATIVE MAINTENANCE PROPOSAL
ENGINE -GENERATOR SYSTEMS
SEMI-ANNUAL INSPECTIONS
1167
Upon acceptance of this proposal TAW will perform the services listed below, TAW will inspect during business hours at least
2 times each year while this agreement remains in effect. These inspections will include:
Lube, oil and filter change (Once/year)
Fuel filter change (Once/year)
Engine tune-up with parts (Once/year)
Service air cleaner (Oncelyear)
Check coolant level
Test anti -freeze and adjust
Inspect belts condition
Check engine heater operation
Inspect air intakes and outlets
Check transfer tank operatlon
Drain exhaust line
Inspect silencer
Check battery charger operation and charging rate
Check battery electrolyte levels and specific gravity
Emergency system operation without load transfer
Emergency system operation with load transfer
Frequency check/governor adjustment
Confirm transfer switch and accessory operation
Check alternator charge rate
Confirm engine and generator gauge operation
Confirm generator controller operation including
shutdown functions and emergency stop
Check unit output voltage and adjust as necessary
Check paralleling equipment operation
Oil analysis
Inspect fuel Ilne and electrical connections
Check fuel lank level
Load Bank Testing
Annual Fuel Sampling
Manufacturer
Model
Serial Number
Kw
Equipment
Location
Annual
Amount
Kohler
80 REOZJ
0718306
80
Generator
Gulf Stream Storm Water Pump St
$ 524.00
100 Sea Road
Gulfstream, FL 33483
Load bank testing......................................................................................................Call office
NetLot Total...........................................................................................................$ 524.00 (PLUS TAX)
This proposal Is open for acceptance for 30 days.
Terms & Conditions: TAW Preventative Maintenance Agreement 6 Notification incorporated herein.
Pr posal Acceptance
customer Data Tampa Armature Works, Inc. Date
r co. co. cow c•iYni .nw Few" 1U.yoo r.i
FAX
TRANSMITTAL
To:
Bill Thrasher
Company.' Town of Culfsrream
Fax #:
(561) 737.0188
Re:
Proposal
Date:
February 26, 2003
PageS:
6 including cover sheet.
Following is our proposal for quarterly and semi-annual PM inspections to the
generator. Should your review be favorable, please fax proposal to (954) 977-
0611. Please feel free to contact us with any questions you may have.
Thank You, V
?001� . W�-
From the desk of..
Jessica Vargas
Service Department
2059 Blount Road
Pompano Beach, FL 33069
Jessica. Vargas@tawinc.com
954-977-0202, ext. 1704
800-876-0990
Fax., 954.977.061 7