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<br />J^R-W"UUb 1 U: 40
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<br />FROM-SE MECHANICAL CONTRACTORS LTD
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<br />954 987 4490
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<br />T-616 P.OII/020 F-S30
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<br />6. TERMS AND CONDITIONS
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<br />A. Planned and or routine maintenance services provided under this agreement will be performed during normal werking hours.
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<br />D. The guarantees and services provided under the ~cope of this agreement are conditioned lIpon City of Su.nny Islu; operating
<br />and maintaining systems/equipment. City of Su.nny Jslc.~ will do so in according to indu~lI)'.accepted practices and in
<br />consideration of Our recorrunendations.
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<br />c. City of Sunny Isles will provide and permit reasonable acceSS to all covered equipment. Southeast Mechanical Contractors
<br />will be allowed to starland SlOp equipment as necessary to perform its services and be pennined use of existing facilities and
<br />building services.
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<br />D. This proposal assumes that all pieces of equipment are in proper operating condition. Southeast Mechanical Cmtractors
<br />shall inspect and report lO lhe City of Sunny Isles any malfunctions and defects within thiny (30) days niTer con mencemenr
<br />of the contracL If the equipment cnnnor be operated within the thirty (30) day period due to seasonal conditions or other
<br />factors beyond our control the period for initial inspection will be extended for a mutually agreed upon period. . Jpon
<br />completion of the inspection. it shall be the responsibility of Southeast Mechanical Contractors to make recom nendations
<br />and to assist the City of Sunny Isles in res raring the equipment to p!'Oper operating condition. However, all of the restoration
<br />costs shall be borne by the City of Sunny Isles unless otherwise stated in this proposal. Any piece of covered eCluipment will
<br />be excluded from liability if the reporled recommendations from tbe inspection are nol accepted and repair worl< performed.
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<br />E. Tt is agreed that the repair, replacement, and emergency service provisions apply only to the functional internal C omponems
<br />and pans of equipment listed in Appendix A. Repair and replncement of non-maintainable portions. such as duct work,
<br />furnace heat exchangers, shell and rube heat exchangers, all diffusers, cabinetry, inter-connecting piping, main ~{Jwer service
<br />and electrical distribution system, valve bodies, coils. pipe insulation, glycol, storage ranks, piping system~, SITu =tural
<br />supports, erc. are excluded. Tn the case of refrigeration system such as walk-in boxes, reach-in boxes, etc., this ;,greement
<br />does not include the repair or replacement of hardware such as door handles, closing mechanisms or related pam thereof, in
<br />no case shall Southea.~t Mechanical Contractors include repair or replacement of door, cabinet or door/cabinet gaskets.
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<br />F. Any repairs or services resulting from power failures, freezing, roof leaks through curbs or equipment, or air side corrosion
<br />will be paid for by the City of Sunny Isles in accordance with Southeast Mechanical Contractors's curremly enablished
<br />rates.
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<br />G. In the unlikely event of failure to perform ils obligntions, Somheast Mechanical Contractor~"s liability is limitullO repair or
<br />replacement at it option, and such shall be City of Sunny Isles sole remedy. Under no circumSllinces will Southt1tlll
<br />Mec/umical Contractors be responsible for loss of use, loss of profits. increased operating or maimenance expense, claims
<br />of City of Sunny Isles's tenants or clients: or any special. indirect at. consequential damages.
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<br />B. The agreement does not include responsibility for system design deficiencies, such as, but not limited to poor ai: distribution,
<br />water flow imbalances, etc, It does not include responsibility for system, equipmem and component obsolescence. elecrrical
<br />failures, unserviceable equipment, and operating the syslCm(s).
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<br />Y. Southeast Mechanical Contractors will nor be liable for delays or failure TO obligate due to fire, flood, strike, I<lckout,
<br />freezing, unavailability of material, rims, acts of god, or any cause beyond reasonable control.
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<br />J. Southeast Mechanical Contractors is not responsible for the removal or disposal of any haznrdous lTIaterinls or any cost
<br />associated with these materials unless oTherwise noted in !his Agreemem.
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<br />K. The agreernent does not include repairing any damage resulting from improper/inadequate water treatment or 11: ler sl::Tvice
<br />nOt supplied by Southeast Mechanical C01/.lractors.
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<br />L. This agreement does not include any services occasioned by improper operation, negligcm:e, vandalism, or alleJations,
<br />modifications, abuse, Or misuse, Or repairs to equipment not performed by Southeast Mechanical Contractors. Also
<br />excluded is the fumishing of mmerials and supplies for painting Or refurbishing equipmenL
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<br />Programmed Maintenance Agreement
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<br />01124/06
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<br />Page 10 of 19
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