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R2023-211 2023-09-11RESOLUTION NO. R2023-211 A Resolution of the City Council of the City of Pearland, Texas, awarding a contract associated with Natatorium Air Handler Replacement Project to Carrier DSO Houston, in the amount of $314,950.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That competitive bids were obtained for Natatorium Air Handler Replacement Project. Section 2. That the City Council hereby awards a contract to Carrier DSO Houston, in the amount of $314,950.00. Section 3. The City Manager or his designee is hereby authorized to execute a construction services contract for the Natatorium Air Handler Replacement Project. PASSED, APPROVED and ADOPTED this the 11th day of September, A.D., 2023. ________________________________ J.KEVIN COLE MAYOR ATTEST: ________________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ________________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: 47BE9D2E-7CBC-481E-9688-CF9D54C2096D Supply Contract Standard Form Approved as to Legal Form 6.28.2021 Page 1 of 6 City of Pearland 3519 Liberty Drive Pearland, TX 77581 SUPPLY CONTRACT NO. C0823-22 For (2) Air-Cooled Scroll Chillers for the Natatorium Air Handling Replacement Project THIS Contract ("Contract") is entered into by and between the City of Pearland, a Texas home- rule municipal corporation (“City”) and Carrier Corporation (“Contractor"), and consisting of the following parts: I.Summary of Contract Terms II.Signatures III.Standard Contractual Provisions IV.Special Terms and Conditions V.Additional Contract Attachments I.Summary of Contract Terms. Contractor: Description of Supplies: Contract Amount: Effective Date: End Date: Renewals: Resolution No/Bid No: Carrier Corporation Inc. P.O. Box 93844 Chicago, IL 60673-6844 (2) Air-Cooled Scroll Chillers per the plans and specs 23 64 23 Scroll Water Chillers Air-Cooled for the Natatorium Air Handling Unit Replacement. $314,950.00 September 12, 2023 March 30, 2025 0 R2023-211 , Buy Board #631-20 II.Signatures CITY OF PEARLAND CONTRACTOR Purchasing Officer Date Title: Date: *Signed by:Date Superintendent/Manager Director Deputy/Assistant City Manager City Manager *City Contract Signature Authority:Superintendent/Manager – up to $10,000 Director - $10,001 - $30,000 City Manager/Deputy/Assistant City Manager - $30,001 + City Council Resolution over $50,000 DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550 Sep-06-2023 CSGM DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 9/12/2023 | 9:24 AM CDT 9/12/2023 | 3:37 PM CDT Supply Contract Standard Form Approved as to Legal Form 6.28.2021 Page 2 of 6 III.Standard Contract Provisions WHEREAS, Contractor has bid to provide supplies (“Supplies”) in response to BuyBoard #631-20 (“Solicitation”), which Solicitation includes the required scope of work and all specifications and which Solicitation and the Contractor’s bid or proposal response, as applicable, are incorporated by reference in this Contract as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1.Scope. Contractor will provide Supplies in accordance with the attached Scope of Work, as detailed in Attachment A, the content of which is incorporated by reference into this Contract as if fully set out here in its entirety, and in accordance with Exhibit 2. 2.Term. This Contract end date is March 30,2025, with performance commencing upon the effective date or the date of issuance of the notice to proceed issued by the Contract Administrator or the Purchasing Division, or upon the performance date listed in the notice to proceed, whichever is later. The parties may mutually extend the Term of this Contract for up to (0) additional one-year periods (“Option Period(s)”), provided, the parties do so by written amendment prior to the expiration of the original term or the then-current Option Period. The City’s extension authorization must be executed by the City Manager or designee. 3.Compensation and Payment. This Contract is for an amount not to exceed $314,950.00, subject to approved extensions and changes. Payment will be made for Supplies completed and accepted by the City within thirty (30) days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated, in its entirety, by reference into this Contract. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next option period. Invoices will be emailed to the following email address with a copy provided to the Contract Administrator: City of Pearland Attn: Accounts Payable Email: accountspayable@pearlandtx.gov 4.Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Contract, including deductions for non-performance and authorizations for payment. The City’s Contract Administrator for this Contract is as follows: Name: Francesca Beltran Department: Engineering and Public Works Phone: 281.652.1946 Email: fbeltran@pearlandtx.gov 5.Insurance; Bonds. (A)Before performance can begin under this Contract, the Contractor must deliver a DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 Supply Contract Standard Form Approved as to Legal Form 6.28.2021 Page 3 of 6 Certificate of Insurance (“COI”), as proof of the required insurance coverages, to the Contract Administrator. Additionally, the COI must state that the City shall be provided no less than thirty (30) days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within ten (10) days of the City Manager or his designee’s written request. Insurance requirements are as stated in Attachment C, the entirety of which is incorporated by reference into this Contract. (B)I Contractor shall provide any required payment bond, performance bond, or both, prior to commencement of performance under this Agreement. The terms, conditions, and amounts of the bonds and appropriate surety information shall be included in the RFB/RFP or as may be added to Attachment C, and such content, the entirety of which, shall be incorporated into this Contract y. 6.Purchase Release Order. For multiple-release purchases of Supplies to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Supplies to be delivered in the following manner: the authorized City department or division shall send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order shall refer to this Contract, and Supplies shall not be rendered until the Contractor receives the signed purchase release order. 7.Inspection and Acceptance. City may inspect all Supplies before acceptance. Any Supplies or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, replacement Supplies may be procured by the City on the open market and any costs incurred, including additional costs over the item’s bid/proposal price, shall be paid by the Contractor within thirty (30) days of receipt of City’s invoice. 8.Warranty. (A)The Contractor warrants that all products supplied under this Contract are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B)In addition, the products purchased under this Contract shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated therein. Attachment D, the entirety of which, is incorporated into this Contract. 9.Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Contract including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10.Non-Appropriation. The continuation of this Contract after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Contract as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this Contract. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 Supply Contract Standard Form Approved as to Legal Form 6.28.2021 Page 4 of 6 11.Independent Contractor. Contractor shall perform all work required by this Contract as an independent contractor and will furnish such Supplies in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12.Amendments. This Contract may be amended or modified only in writing and executed by authorized representatives of both parties. 13.Waiver. No waiver by either party of any breach of any term or condition of this Contract waives any subsequent breach of the same. 14.Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 15.Notice. Any notice required under this Contract must be given by hand delivery, or certified mail, postage prepaid, and is deemed received on the day hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Pearland Attn: Jennifer Lee Title: Senior Project Manager Address: 2016 Old Alvin Road, Pearland, TX 77581 Phone: 281.652.1760 IF TO CONTRACTOR: Carrier Corporation Attn: Brenda Lang Title: Account Representative Address: PO Box 93844, Chicago, IL 60673-3844 Phone: 713.797.8981 16.Liability and Indemnity. ANY PROVISION OF ANY ATTACHED CONTRACT DOCUMENT THAT LIMITS THE CONTRACTOR’S LIABILITY TO THE CITY OR RELEASES THE CONTRACTOR FROM LIABILITY TO THE CITY FOR ACTUAL OR COMPENSATORY DAMAGES, LOSS, OR COSTS ARISING FROM THE PERFORMANCE OF THIS CONTRACT OR THAT PROVIDES FOR CONTRACTUAL INDEMNITY BY ONE PARTY TO THE OTHER PARTY TO THIS CONTRACT IS NOT APPLICABLE OR EFFECTIVE UNDER THIS CONTRACT. EXCEPT WHERE AN ADDITIONAL CONTRACT DOCUMENT PROVIDED BY THE CITY PROVIDES OTHERWISE, EACH PARTY TO THIS CONTRACT IS RESPONSIBLE FOR DEFENDING AGAINST AND LIABLE FOR PAYING ANY CLAIM, SUIT, OR JUDGMENT FOR DAMAGES, LOSS, OR COSTS ARISING FROM THAT PARTY'S NEGLIGENT ACTS OR OMISSIONS IN THE PERFORMANCE OF THIS CONTRACT IN ACCORDANCE WITH APPLICABLE LAW. THIS PROVISION DOES NOT AFFECT THE RIGHT OF EITHER PARTY TO THIS CONTRACT WHO IS SUED BY A THIRD PARTY FOR ACTS OR OMISSIONS ARISING FROM THIS CONTRACT TO BRING IN THE OTHER PARTY TO THIS CONTRACT AS A THIRD- PARTY DEFENDANT AS ALLOWED BY LAW. DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 Supply Contract Standard Form Approved as to Legal Form 6.28.2021 Page 5 of 6 17.Dispute Resolution Procedures. The Contractor and City desire an expeditious means to resolve any disputes that may arise between them regarding this Contract. If either party disputes any matter relating to this Contract, the parties agree to try in good faith, before bringing any legal action, to settle the dispute by submitting the matter to mediation before a third party who will be selected by agreement of the parties. The parties will each pay one-half of the mediator’s fees. 18.Attorney’s Fees. Should either party to this Contract bring suit against the other party for breach of contract or for any other cause relating to this Contract, neither party will seek or be entitled to an award of attorney’s fees or other costs relating to the suit. 19.Termination. (A)City Termination for Convenience. Under this paragraph, the City may terminate this Contract during its term at any time for the City’s own convenience where the Contractor is not in default by giving written notice to Contractor. If the City terminates this Contract under this paragraph, the City will pay the Contractor for all Supplies provided in accordance with this Contract to the date of termination. (B)Termination for Default. Either party to this Contract may terminate this Contract as provided in this paragraph if the other party fails to comply with its terms. The party alleging the default shall provide the other party notice of the default in writing citing the terms of the Contract that have been breached and what action the defaulting party must take to cure the default. If the party in default fails to cure the default as specified in the notice, the party giving the notice of default may terminate this Contract by written notice to the other party, specifying the date of termination. Termination of this Contract pursuant to this paragraph does not affect the right of either party to seek remedies for breach of the Contract as allowed by law, including any damages or costs suffered by either party. 20.Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Contract. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 21.Limitation of Liability. The City’s maximum liability under this Contract is limited to the total amount of compensation listed in this Contract. In no event shall the City be liable for incidental, consequential or special damages. 22.Assignment. No assignment of this Contract by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Contract by the Contractor is of the essence of this Contract, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 23.Severability. Each provision of this Contract is considered to be severable and, if, for any reason, any provision or part of this Contract is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Contract that are valid, but this Contract shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 24.Order of Precedence. In the event of any conflicts or inconsistencies between this Contract, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 Supply Contract Standard Form Approved as to Legal Form 6.28.2021 Page 6 of 6 to the documents in the following order of priority: A.this Contract (excluding attachments and exhibits); B.its attachments; C.the bid solicitation document including any addenda (Exhibit 1); then, D.the Contractor’s bid response (Exhibit 2). 25.Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of Interested Parties” as part of this Contract if required by said statute for items approved by City Council. 26.Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Contract. The applicable law for any legal disputes arising out of this Contract is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Brazoria County, Texas. 27.H.B. 89. In accordance with Chapter 2270 of the Texas Government Code, the signatory executing this contract on behalf of company verifies that the company does not boycott Israel and will not boycott Israel during the term of this contract. This clause is subject to companies with ten or more full time employees and the contract value is $100,000 or more that is to be paid wholly or partially with public funds of the governmental entity. 28.Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, regarding certain entities requirement to provide contracting information to governmental bodies in connection with a public information request, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 29.Entire Contract. This Contract constitutes the entire agreement between the parties concerning the subject matter of this Contract and supersedes all prior negotiations, arrangements, agreements, and understandings, either oral or written, between the parties. IV.Special Terms and Conditions. None V.Additional Contract Documents Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: Buy Board #631-20 Exhibit 2: Contractor’s Bid/Proposal Response DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 ATTACHMENT A – SCOPE OF WORK Vendor shall provide (2) scroll water chillers air-cooled per the plans and specification 23 64 23 Scroll Water Chillers Air-Cooled for the Natatorium Air Handling Replacement Project. DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 ATTACHMENT B – BID/PRICING SCHEDULE DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 ATTACHMENT C – INSURANCE REQUIREMENTS City of Pearland 3519 Liberty Drive Pearland, TX 77581 Purchasing Department 281.652.1775 ebids@pearlandtx.gov Contractor Insurance Requirements & Agreement Contractors performing work on City property or public right-of-way for the City of Pearland shall provide the City a certificate of insurance or a copy of their insurance policy(s) evidencing the coverages and coverage provisions identified herein. Contractors shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverages as required herein or that the subcontractors are included under the contractor’s policy. All insurance companies and coverages must be authorized by the Texas Department of Insurance to transact business in the State of Texas and must be acceptable to the City of Pearland. Listed below are the types and amounts of insurances required. The City reserves the right to amend or require additional types and amounts of coverages or provisions depending on the nature of the work. TYPE OF INSURANCE AMOUNT OF INSURANCE PROVISIONS 1. Workers’ Compensation Employers’ Liability (WC) Statutory Limits $1,000,000 per occurrence For WC, CGL, and BAL, the City is to be provided a WAIVER OF SUBROGATION. CGL and BAL, City to be listed as additional insured and provided 30- day notice of cancellation or material change in coverage. WC, CGL and BAL, City shall be provided 30-day notice of cancellation or material change in coverage. CGL will include a non-contributory addendum. 2. Commercial General (Public) Liability (CGL) to include coverage for: a)Premises/Operations b)Products/Completed Operations c)Independent Contractors d)Personal Injury e)Contractual Liability Personal Injury - $1,000,000 per person; Property Damage - $1,000,000 per occurrence; General Aggregate - $2,000,000 3. Business Auto Liability (BAL) to include coverage for: a)Owned/Leased vehicles b)Non-owned vehicles c)Hired vehicles Combined Single Limit - $1,000,000 If the contract involves a professional service, the contractor will also be required to provide the City with professional liability insurance in an amount of at least $1,000,000. Certificate of Insurance forms may be emailed to: Purchasing Department at ebids@pearlandtx.gov. Questions regarding required insurance should be directed to City of Pearland Purchasing Department, at ebids@pearlandtx.gov. This form must be signed and returned with your bid/quotation. You are stating that you do have the required insurance and if selected to perform work for the City, will provide a certificate of insurance, and a copy of insurance policy with the above requirements to the City. A purchase order will not be issued without evidence of required insurance. Agreement I agree to provide the above described insurance coverages within 10 working days if selected to perform work for the City of Pearland. I also agree to provide the City evidence of insurance coverage on any and all subcontractors performing work on the project. Project/Bid # Company: Signature and PrintedName: DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550 John J. Geoghegan Carrier Global DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 ATTACHMENT D – WARRANTY Items or services shall conform to the proposed specifications and all warranties as stated in the Uniform Commercial Code and be free from all defects in material, workmanship and title. DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 CARRIER-DSO-HOUSTON 10343 Sam Houston Park Drive, Suite 220 Houston, TX 77064 (P)(713) 797-8981 Internal Use Only:0046440494 Proposal (Aluminum/Copper with E-Coat Alternate) Project Name: Natatorium Air Handling Unit Replacement at Recreation Center and Natatorium - City of Pearland Bid Date: 08/10/2023 Location: Pearland, TX Expiration Date: 09/03/2023 Addendums: 0 Proposal Number: 0823BLAN0410 We at Carrier are pleased to quote the following equipment for the above referenced project in accordance with attached terms and conditions. Air-Cooled Scroll Chillers Qty: (2) Model: 30RB Mark For: N-ACCH-01 N-ACCH-02 (AL/CU) Lead Time: 46 Weeks Buy Board #631-20 HVAC Equipment The following items are included:  Freeze Protection  ¾” Suction Line Insulation  Non-Fused Disconnect  High SCCR 65k Current Rating  AL/CU - Aluminum/Copper Condenser Coil with E-Coating  Ultra Low Sound Package  Minimum Load Control  Single Point  Greenspeed Technology  BACnet Translator Control with Programming  Coil Trim Panels + Security Grilles + Upper Hail Guards  Startup  Five Year Complete Unit Parts and Labor Warranty  One Year Maintenance Agreement from Date of Subtantial Completion The following items are NOT included: Installation, Examination, Connections, Concrete Pad, and Vibration isolation. Pricing Total Price for items as listed above (excluding taxes) ............................................................................................ $ 314,950 Please note the following clarifications in this proposal: NOT QUOTING: Custom Hydronic Pool Dehumidification Units, Pumps, Boilers, Control Valves, Air Devices, Fans, Terminal Units, Controls, Refrigerant Specialties, Water Specialties, Smoke or Fire Dampers, Fire stats, Grilles, Smoke and CO2 Detectors, Diffusers, Expansion Tanks, Buffer Tank, Air Separator, Equipment base/pad and anchor bolts, Special Identification Labels, Rigging, Installation, Examination, Connections, Piping, Wiring, Anchoring Hardware, architectural works and materials, structural works and materials, and Any item not specifically listed above. QUOTATION NOTES: •1st year parts only warranty (one (1) year from start-up or eighteen (18) months from date of shipment, whichever comes first) unless specified otherwise in this proposal. •Equipment availability is subject to prior sale. •Equipment lead-times quoted are only good at the time of quotation. Actual lead -times will be determined based on when the order is placed with the factory and those lead-times are general in nature. They can vary based on your particular order. •The following items are NOT included with the equ ipment identified above: •Installation, rigging, carting. DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 •Equipment base/pad and anchor bolts. •Any piping or accessories except as noted elsewhere in this proposal. •Electrical work including power and control wiring except as noted elsewhere in this proposal. •All instrumentation mounted in field piping. SPECIAL NOTES: •Above price is firm and will remain in effect for 30 days. •No taxes, permits, start-up, and or service are included in above proposal unless otherwise noted. •Compliance to local codes neither guaranteed nor implied. •All orders subject to credit acceptance by Carrier Management. •Equipment is manufactured under strict Carrier Corporation manufacturing standards and in compliance with the National Electric Code. •Carrier does not accept and will not be held liable for any flow down requirements from the owner or any higher tier contractor unless specifically agreed to in writing. •Holiday or weekend work required on Carrier start-ups is not included in the above proposal unless otherwise noted . •Any work or material furnished at Carrier’s expense, must have written authorization and approval from Carrier prior to furnishing such service or materials. Immediately upon completion of such work, the approved price shall be invoiced for immediate processing of a credit memo and applied to your account. Deductions from our invoices or back charges for unauthorized work or materials will not be accepted. •In the event this quotation is in support, either directly or indirectly, of a U.S. Government funde d procurement (either partially or fully), please note that Carrier’s quotation and any subsequent award shall be contingent upon the acceptance of Item 19 U.S. Government Procurements as noted herein under CARRIER CORPORATION TERMS AND CONDITIONS OF SALE – EQUIPMENT AND/OR SERVICE. We appreciate your consideration of this quotation and would like to thank you for your interest in Carrier products and services. Should you have any questions concerning the above quotation, please feel free to contact me pe rsonally. BRENDA LANG CARRIER-DSO-HOUSTON BRENDA.LANG@CARRIER.COM DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 Internal Use Only:0046440494 CARRIER CORPORATION TERMS AND CONDITIONS OF SALE – EQUIPMENT AND/OR SERVICE 1. PAYMENT AND TAXES - Payment shall be made net 30 days from date of invoice. Carrier reserves the right to require cash payment or other alternati ve method of payment prior to shipment or completion of work if Carrier determines, in its sole discretion, that Customer or Custo mer's assignee’s financial condition at any time does not justify continuance of the net 30 days payment term. In addition to the price, Customer shall pay Carrier any taxes or government charges arising from this Agreement. If Customer claims that any such taxes or government charges do not apply to the transactions governed by this Agreement, Customer shall provide Carrier with acceptabl e tax exemption certificates or other applicable documents. All past due invoices will accrue interest at the lesser of 1% per month or the maximum amount allowable by law. 2. EXTRAS - Equipment, parts or labor in addition to those specified in this Agreement will be provided upon receipt of Customer’s writte n authorization, paid for as an extra at Carrier’s prevailing labor rates and equipment/parts charges, and subject to the terms of this Agreement. 3. RETURNS - No items will be accepted for return without prior written authorization. Returned goods may be subject to a restocking charg e. Special order and non-stock items cannot be returned. 4. SHIPMENT - All shipments shall be F.O.B. shipping point, freight prepaid and allowed to the job site. Shipment dates quoted are approxim ate. Carrier does not guarantee a particular date for shipment or delivery. 5. PARTIAL SHIPMENT - Carrier shall have the right to ship any portion of the equipment, goods or other materials included in this Agreement and invoice Custo mer for such partial shipment. 6. DELAYS - Carrier shall not be liable for delays in manufacturing, shipping or delivery by causes bey ond the control and without the fault or negligence of Carrier, including but not restricted to acts of God, acts of a public enemy, acts of government, acts of terrorism, fires, floods, epidemics, quarantin e restrictions, freight embargoes, supplier delays, strikes, or labor difficulties (collectively “Force Majeure Events”) which directly or indirectly affect manufacturing, shipping or delivery. C arrier shall remain excused from performance to the extent which, in its reasonable discretion, any such Force Majeure Event(s) continue to negatively impact Carrier’s performance, whether or not the Force Majeure Event itself has ended . Carrier agrees to notify Customer in writing as soon as practicable of the causes of such delay. In the event that any materials or equipment to be provided by Carrier under this Agreement become permanently unavailable as a result of a Force Majeure Event, Carrier shall be excused from furnishing such materials or equipment. 7. WARRANTY - Carrier warrants that all equipment manufactured by Carrier Corporation and all Carrier equipment, parts or components supplied hereunder will be free from defects in material and workmanship. Carrier shall at its option repair or replace, F.O.B. point of sale, any equipment, part or compone nt sold by Carrier and determined to be defective within one (1) year from the date of initial operation or eighteen (18) months from date of shipment, whichever is earlier. Carrier does not warrant products not manufactured by Carrier Corporation, but it does pass on to Customer any transferrable manufacturer warranties for those products. Carrier warrants that all service provided by Ca rrier hereunder shall be performed in a workmanlike manner. In the event any such service is determined to be defective within nin ety (90) days of completion of that service, Carrier shall at its option re -perform or issue a credit for such service. Carrier’s obligation to repair or replace any defective equipment, parts or components during the wa rranty period shall be Customer’s exclusive remedy. Carrier shall not be responsible for labor charges for removal or reinstallation of defective equipment, parts or components, for cha rges for transportation, handling and shipping or refrigerant loss, or for repairs or replacement of such equipment, parts or components, required as a consequence of faulty installation, misapplication, vandalism, abuse, exposure t o chemicals, improper servicing, unauthorized alteration or improper operation by persons other than Carrier. THIS WARRANTY IS GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 8. WORKING HOURS - All services performed under this Agreement, including but not limited to, major rep airs, are to be provided during Carrier’s normal working hours unless otherwise agreed. 9. CUSTOMER RESPONSIBILITIES (Service Contracts only) - Customer shall: ⚫ Provide safe and reasonable equipment access and a safe work environment. ⚫ Permit access to Customer’s site, and use of building services including but not limited to: water, elevators, receiving dock facilities, electr ical service and local telephone service. ⚫ Keep areas adjacent to equipment free of extraneous material, move any stock, fixtures , walls or partitions that may be necessary to perform the specified service. ⚫ Promptly notify Carrier of any unusual operating conditions. ⚫ Upon agreement of a timely mutual schedule, allow Carrier to stop and start equipment necessary to perform service. ⚫ Provide adequate water treatment. ⚫ Provide the daily routine equipment operation (if not part of this Agreement) including availability of routine equipment log readings. ⚫ Where Carrier’s remote monitoring service is provided, provide and maintain a telephone line with long distance direct dial and answer capability. ⚫ Operate the equipment properly and in accordance with instructions. ⚫ Promptly address any issues that arise related to mold, fungi, mildew or bacteria. ⚫ Identify and label any asbestos containing material that may be present. The customer will provide, in writing, prior to the start of a job, a signed statement regarding the absence or presence of asbestos for any job where the building or the equipment to be serv iced is older than 1981. Should this document state that no asbestos is present, the customer will also provide in writing the method used to determine the absence of asbestos. 10. EXCLUSIONS - Carrier is not responsible for items not normally subject to mechanical maintenance including but not limited to: duct work, casings, cabinets, fixtures, structural supports, grillage, water piping, steam piping, drain piping, cooling tower fill, boiler tubes, boiler refractory, disconnect switches and circuit breakers. Carrier is not responsible for repairs, replacements, alterations, additions, adjustments, repairs by others, unscheduled calls or emergency calls, any of which may be necessitated by negligent operation, abuse, misuse, prior improper maintenance, vandalism, obsolescence, building system design, damage due to freezing weather, chemical/electrochemic al attack, corrosion, erosion, deterioration due to unusual wear and tear, any damage related to the presence of mold, fungi, mildew, or bacteria, damage caused by power reductions or failures or any other cause beyond Carrier’s control. Carrier shall not be required to perform tests, install any items of equipment or make modifications that may be recommended or directed by insurance companies, government, state, municipal or other authority. However, in the event any such recommendations occur, Carrier, at its option, may submit a proposal for C ustomer’s consideration in addition to this Agreement . Carrier shall not be required to repair or replace equipment that has not been properly maintained. 11. EQUIPMENT CONDITION & RECOMMENDED SERVICE (Service Contracts only) - Upon the initial scheduled operating and/or initial annual stop inspection, should Ca rrier determine the need for repairs or replacement, Carrier will provide Customer in writing an ‘equipment condition’ report inclu ding recommendations for corrections and the price for repairs in addition to this Agreement. In the event Carrier recommends certain services (that are not included herein or upon initial inspection) and if Customer does not elect to have such services properly performed in a timely fashion, Carrier shall not be responsible for any equipment or control failures, oper ability or any long-term damage that may result. Carrier at its option will either continue to maintain equipment and/or controls to the best of its ability, without any responsibility, or remove such equipment from this Agreement, adjusting the price accordingly. 12. PROPRIETARY RIGHTS - Carrier may elect to install, attach to Customer equipment, or provide portable devices (hardware and/or software) that shall remain the personal proprietary property of Carrier. No devices installed, attached to real property or portabl e device(s) shall become a fixture of the Customer locations. Customer shall not acquire any interest, title or equity in any hardware, software, processes, and other intellectual or proprietary rights to devices that are used in connect ion with providing service on Customer equipment. 13. DATA RIGHTS - Customer hereby grants and agrees to grant to Carrier a worldwide, non¬exclusive, non-terminable, irrevocable, perpetual, paid-up, royalty free license to any Source Data, with the right to sub-license to its affiliates and suppliers for (i) Carrier’s performance of services pursuant to this Agreement, (ii) the improvement of Carrier services, and Carrier’s Analytics Platform; (iii) improving product performance, operation, reliability, and maintainability; (iv) to create, compile, and/or use datasets and/or statistics for the purposes of benchmarking, development of best practices, product improvement; (v) the provision of services to third parties, (vi) resear ch, statistical, and marketing purposes, and/or (vii) in support of Carrier agreements. Source Data – shall mean data that is produced directly from a system, or device and received at a collection point or a central server (e.g. a Carrier database, data lake, or third party cloud service). Analytics Platform – shall mean server algorithms or web interface systems used to (i) interpret, convert, manipulate, or calculate data, (ii) per form data processing, and/or (iii) the delivery of data to Carrier, affiliates or suppliers of Carrier, and/or Customer. 14. RETURN OF DATA - Customer understands and acknowledges that the portable devices will collect Source Data that will be stored on and/or transm itted to Carrier’s servers and to suppliers or affiliates that are contracted by Carrier and used to transmit, process, extract or store such Source Data for purposes of Carrier’s performance of the service in accordance with this Agreement. Once such data and information has been stored and/or transmitted to Carrier’s servers, Customer agrees that such data and information shall become part of Carrier’s database and therefore subject to the license terms under section 13. 15. DATA DELIVERY - During the term of the Agreement Customer shall (i) make reasonable efforts to ensure that the hardware remains powered on, (ii) avoid intentional action to impede, block or throttle collection and transmission of Source Data by Carrier, and (iii) avoid intentional action to disabl e, turn off, or remove the hardware without Carrier’s express written consent, which consent shall not be unreasonably withheld. 16. REVERSE ENGINEERING - Customer shall not extract, decompile or reverse engineer any software included with, incorporated in, or otherwise associate d with the hardware and shall not reverse engineer any reports or analytics provided to or r eceived by Customer from Carrier. 17. WAIVER OF DAMAGES - Under no circumstances shall Carrier be liable for any indirect, incidental, special or consequential damages, including loss of revenue or profit, loss of use of equipment or facilities, loss of data, or economic damages howsoever arising. 18. LIMITATION OF LIABILITY - Carrier’s maximum liability for any reason (except for personal injuries) arising from this Agreement shall not exceed the va lue of the payments received by Carrier under this Agreement. DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 19. CANCELLATION - Customer may cancel this Agreement only with Carrier’s prior written consent, and upon payment of reasonable cancellation cha rges. Such charges shall take into account costs and expenses incurred, and purchases or contract commitments made by Carrier and all other losses due to the cancellation including a reasonable profit. 20. CUSTOMER TERMINATION FOR CARRIER NON-PERFORMANCE - Customer shall have the right to terminate this Agreement for Carrier’s non-performance provided Carrier fails to cure such non-performance within thirty (30) days after having been given prior written notice of the non-performance. Upon early termination or expiration of this Agreement, Carrier shall have free access to enter Customer locations to disconnect and remove any Ca rrier personal proprietary property or devices as well as remove any and all Carrier -owned parts, tools and personal property. Additionally, Customer agrees to pay Carrier for all incurred but unamortized service cos ts performed by Carrier including overheads and a reasonable profit. 21. CARRIER TERMINATION - Carrier reserves the right to discontinue its service any time payments have not been made as agreed or if alterations, addit ions or repairs are made to equipment during the term of this Agreement by others without prior agreement between Customer and Carrier. 22. CLAIMS - Any lawsuits arising from the performance or nonperformance of this Agreement, whether based upon contract, negligence, stric t liability or otherwise, shall be brought within one (1) year from the date the claim arose. In the event of any dispute arising out of or related in any way to this Agreement, Carrier shall be entitled to recover all costs and expenses incurred in enforcing its rights hereunder, whether based in contract, tort or other wise, including but not limited to all costs and attorney’s fees incurred in any such dispute. 23. GOVERNMENT PROCUREMENTS - The components, equipment and services provided by Carrier are “commercial items” as defined in Section 2.101 of the Federal Acquisition Regulations ("FAR"), and the prices of such components, equipment and services are based on Carrier's commercial prici ng policies and practices (which do not consider any special requirements of U.S. Government cost principles, FAR Part 31, or any similar procurement regulations). As such, Carrier will not agree to provide or certify cost or pricing data, nor will Carrier agree to comply with the Cost Accounting Standards (CAS). In addition, no government procurement regulations, such as FARs or DFARs, shall apply to this Agreement except those regulations expressly accepted in writing by Carrier. 24. HAZARDOUS MATERIALS - Carrier is not responsible for the identification, detection, abatement, encapsulating or removal of asbestos, products or mater ials containing asbestos, similar hazardous substances, or mold, fungi, mildew, or bacteria. If Carrier encounters any asbestos or other hazardous material while performing this Agreement, Carrier may suspend its work and remove its employees from the project, until such material and any hazards associated with it are abated. The ti me for Carrier’s performance shall be extended accord ingly, and Carrier shall be compensated for the delay. 25. WASTE DISPOSAL - Customer is wholly responsible for the removal and proper disposal of waste oil, refrigerant and any other material generated during the term of this Agreement. 26. SUPERSEDURE, ASSIGNMENT and MODIFICATION - This Agreement contains the complete and exclusive statement of the agreement between the parties and supersedes all previous or contemporaneous, oral or written, statements. Customer may assign this Agreement only with Carrier’s prior written consent. No modification to this Agreement shall be binding unless in writing and signed by both parties. Orders shall be binding upon Carrier when accepted in writing by an aut horized representative of Carrier. CARRIER’S ACCEPTANCE OF CUSTOMER’S ORDER IS CONDITIONED UPON CUSTOMER’S ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH HEREIN (THIS “AGREEMENT”) AND CUSTOMER’S AGREEMENT TO BE BOUND BY AND COMPLY WITH THIS AGREEMENT. THIS AGREEMENT AND ALL REFERENCED ATTACHMENTS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN CARRIER AND CUSTOMER, AND NO AMENDMENT OR MODIFICATION SHALL BE BINDING ON CARRIER UNLESS SIGNED BY AN OFFICER OR AUTHORIZED EMPLOYEE OF CARRIER. THE FAILURE OF CARRIER TO OBJECT TO PROVISIONS CONT AINED IN ANY PURCHASE ORDER OR OTHER DOCUMENT OF CUSTOMER SHALL NOT BE CONSTRUED AS A WAIVER BY CARRIER OF THE TERMS IN THIS AGREEMENT OR AN ACCEPTANCE OF ANY OF CUSTOMER’S PROVISIONS. ANY CONFLICTING OR ADDITIONAL TERMS OR CONDITIONS SET FORTH BY CUSTOMER IN A PURCHASE ORDER OR OTHER DOCUMENT SHALL N OT BE BINDING UPON CARRIER, AND CARRIER HEREBY EXPRESSLY OBJECTS THERETO. 27. CUSTOMER CONSENT - Customer consents and agrees that Carrier may, from time to time, publicize Carrier related projects with Customer, including the value of such projects, in all forms and media for advertising, trade, and any other lawful purposes. 28. FOR WORK BEING PERFORMED IN CALIFORNIA - Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleg ed violation. A complaint regarding a latent act 29. INTELLECTUAL PROPERTY – Notwithstanding anything to the contrary stated herein, Carrier retains ownership of its intellectual property and no license to Carrier’s intellectual property is granted except as necessary for Customer to use any deliverables and/or services provided h ereunder. 30. DATA PRIVACY – Carrier processes personal data in accordance with its privacy notice at Carrier.com or via the following link: https://www.carrier.com/carrier/en/worldwide/legal/privacy-notice. Each party will comply with applicable data privacy laws governing personal information collected and processed under this Agreement, including the California Consumer Privacy Act and the European General Data Protection Regulation, and take all reasonable commercial and legal steps to protect personal data. If Customer provides Carrier with personal data, Customer will ensure that it has the legal right to do so, including noti fying the individuals whose personal data it provides to Carrier. If a party collects or processes personal data from California re sidents under this Agreement, such party is a “Service Provider” under the CCPA, and will not sell or exchange such personal data for anything of value. 31. FACTORY ACCEPTANCE TESTS AND INSPECTIONS – The nature and extent of factory acceptance tests or factory inspections, including without limitation, the number and identity of participants, locations visited, and activities undertaken, shall be limited to activities directly related to th e performance of this Agreement. The tests or inspections will be subject to mutual agreement of the parties, Carrier policy and internal pre-approval requirements, and strictly comply with Customer’s policies as well as all applicable laws and regulations including, without limitation, all applicable laws and regulations proh ibiting corruption. 32. CHANGE ORDER / ADDITIONAL WORK / PRICE ADJUSTMENTS – Carrier will not perform additional work until such time as Carrier receives a change order, duly executed by each party, setting forth the scope and an agreed upon price for the addi tional work, as well as any appropriate adjustments to the delivery schedule. Additional work and/or materials supplied under any change order shall be subject to the terms of this Agreement. The price of services performed under this A greement is subject to change due to increases in material costs related to tariffs, import duties, trade policy, epidemics, commodity or material costs, fuel surcharges, supplier cost s, labor costs, or related impacts or market conditions. Such change shall come into effect on thirty (30) days’ prior written notice from Carrier to Customer. The price of equipment supplied under this Agreement is s ubject to increase in accordance with the Producer Price Index (PPI) published by the U.S. Department of Labor Bureau of Labor Statistics (BLS) for commodity: PCU33341-33341 HVAC and Commercial Refrigeration Equipment. Price escalation will be calculated as (i) total Agreement price multiplied by (ii) the PPI on date of equipment d elivery to end customer, divided by (iii) PPI on date of execution of the Agreement. Total Agreement price is not subject to decrease. 33. OCCUPATIONAL SAFETY AND HEALTH (Service Contracts Only) – Carrier and Customer agree to notify each other immediately upon becoming aware of an inspection under, or any alleged violation of, the Occupational Safety and Health Act (“OSHA”) relating in any way to the performance of work under this Agr eement, the project or the job site. 34. ANTI-DISCRIMINATION POLICY – The Carrier Fostering a Respectful and Safe Work Environment poli cy is incorporated into these terms via this link: https://www.carrier.com/commercial/en/us/media/carrier -anti-discrimination-harassment-policy-02192021 tcm199-109848.pdf. 35. EQUIPMENT RENTALS – If all or a portion of this Agreement is for equipment rental, the Carrier Rental Systems Master Terms and Conditions – Rental, available at https://www.carrier.com/rentals/en/us/rental -equipment/rental-forms/, shall apply to the rental equipment. 36. STATE CONTRACTOR LICENSE NUMBERS – A list of Carrier’s state contractor license, certificate, and registration numbers, which list is incorporated herein, is available via this link: https://www.carrier.com/commercial/en/us/service/contractor-licenses. 37. ADDITIONAL TERMS AND CONDITIONS - CANNABIS INDUSTRY - If Customer is involved in the cannabis industry in the US as a manufacturer, distributor, or otherwise, the additional terms and conditions available at https://www.carrier.com/commercial/en/us/legal/additional -terms, which are incorporated herein, shall apply. 38. ADDITIONAL TERMS AND CONDITIONS – ABOUND – If this Agreement includes a subscription to the Abound platform, then the additional terms and conditions of the Abound Master SaaS Subscription Agreement available at https://abound.carrier.com/en/worldwide/saas -agreement which are incorporated herein, shall apply. 39. ADDITIONAL TERMS AND CONDITIONS – I-VU CLOUD – If this Agreement includes a subscription to the i -Vu Cloud platform, then the additional terms and conditions of the i-Vu Master SaaS Subscription Agreement available at https://www.shareddocs.com/hvac/docs/1000/Public/06/i-Vu_Master_SaaS_Agreement_Direct_09232022.pdf which are incorporated herein, shall apply. Terms and Conditions of Sale – Equipment and/or Service 6.19.23 Carrier Corporation Accepted By: Proposal Date: 08/10/2023 Name: Proposal Number: 0823BLAN0410 Title: PO Number: * Company: Project Name: Natatorium Air Handling Unit Replacement at Recreation Center and Natatorium - City of Pearland Date: * No terms, conditions or provisions of the referenced Purchase Order are incorporated into this Agreement. DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 Submittal-(23 64 23) Carrier Direct Sales Houston, Texas Air Cooled Scroll Chiller- (AL/CU with E-Coat) (N-ACCH-01 & N-ACCH-02) Project Natatorium Air Handling Unit Replacement at Recreation Center and Natatorium - City of Pearland 4141 Bailey Rd. Pearland, TX 77584 Date 08/03/2023 Mechanical Contractor To be Determined Mechanical Engineer Leaf Engineers 11 Greenway Plaza, 22nd Floor Houston, TX 77046 Carrier Direct Sales, 10343 Sam Houston Park Drive | Suite 220 | Houston, TX 77064 Phone: 713-797-8989 DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 Company: Date: 8/3/2023 Attention: David Garza @ Leaf Engineers Project: Natatorium Air Handling Unit Replacement at Recreation Center and Natatorium - City of Pearland Your PO#: Job No.: Submitted For Approval For Your Information Enclosed are 1 copies of Submittals: Unit Number Description Drawing No. N-ACCH-01 N-ACCH-02 30RB UNIT REPORT “ CERTIFIED DRAWING “ FIELD WIRING “ DETAILED SUMMARY REPORT “ WARRANTY DATA “ COMPLIANCE REVIEW Notes: Installation, Connections, Concrete Pad, and Vibration Isolation to be provided by others. Please Return 1 Copy Of Approved Submittal For Our Files. Thank You For Your Business ! Brett Noack Sales Representative DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 Clarification: See notes below Note 1:Comply Note 2:Comply Note 3:Comply Note 4:Comply Note 5:Comply Note 6:Comply Note 7:Comply Note 8:Comply Note 9:Comply Note 10:Comply Pearland Recreation Center &Natatorium 4141 Bailey Rd,Pearland,TX 77584 N-ACCH-01 &02:Air-Cooled Scroll Chillers-23 64 23 DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 MARK FOR Submittal (L x W x H)Schedule (L x W x H) N-ACCH-01 236" X 89" X 90" 236" X 89" X 99" N-ACCH-02 236" X 89" X 90" 236" X 89" X 99" FOOTPRINT COMPARISON Dimensional Chart No Deviation DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 N-ACCH-01 and 02-ALCU Project: Pearland Natatorium 08/04/2023 Prepared By: Brenda Lang 11:47AM N-ACCH-01 and 02-ALCU Tag Cover Sheet Unit Report Certified Drawing Wiring Diagram Acoustic Summary Detailed Performance Report Packaged Chiller Builder NACO 3.63 Page 1 of 8 DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 Unit Report For N-ACCH-01 and 02-ALCU Project: Pearland Natatorium 08/04/2023 Prepared By: Brenda Lang 11:47AM Unit Information Tag Name:N-ACCH-01 and 02-ALCU Model Number:30RB170 Condenser Type:Air Cooled Compressor Type:Scroll Nameplate Voltage:460-3-60 V-Ph-Hz Quantity:2 Manufacturing Source:Charlotte, NC USA Refrigerant:R410A Independent Refrigerant Circuits:2 Capacity Control Steps:8 Minimum Capacity:10.0 % Shipping Weight:9990 lb Operating Weight:10601 lb Unit Length:236 in Unit Width:89 in Unit Height:90 in Accessories and Installed Options Freeze Protection Suction Line Insulation Non-Fused Disconnect Al Fin/Cu Tube, E-Coat Ultra Low Sound Option Minimum Load Control Single Point BACnet Communications Coil Trim Panels, Grilles(both sides of the chiller), Upper Hail Guards High SCCR 65 k Current Rating (460V) (included non-fused disconnect) Greenspeed Intelligence: High-Efficiency Variable Condenser Fans Chiller Warranty Information (Note: for US & Canada only) First Year - Parts Only (Standard) Start-up and Complete Unit 1st Year Labor, First Unit Start-up and Complete Unit 1st Year Labor, Each Additional Unit Complete Unit Less Hydronic System Year 2-5.5 Parts & Labor Ordering Information Part Number Description Quantity 30RBX17062-HQW3C Packaged Chiller 2 Base Unit Freeze Protection Suction Line Insulation Non-Fused Disconnect Al Fin/Cu Tube, E-Coat Ultra Low Sound Option Minimum Load Control Single Point BACnet Communications Coil Trim Panels, Grilles(both sides of the chiller), Upper Hail Guards High SCCR 65 k Current Rating (460V) (included non-fused disconnect) Greenspeed Intelligence: High-Efficiency Variable Condenser Fans Packaged Chiller Builder NACO 3.63 Page 2 of 8 Additional Item Provided: One Year Maintenance from Date of Substantial Completion DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 Certified Drawing for N-ACCH-01 and 02-ALCU Project: Pearland Natatorium 08/04/2023 Prepared By: Brenda Lang 11:47AM Packaged Chiller Builder NACO 3.63 Page 3 of 8 DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 Field Wiring Diagram for N-ACCH-01 and 02-ALCU Project: Pearland Natatorium 08/04/2023 Prepared By: Brenda Lang 11:47AM Packaged Chiller Builder NACO 3.63 Page 4 of 8 DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 Detailed Performance Summary For N-ACCH-01 and 02-ALCU Project: Pearland Natatorium 08/04/2023 Prepared By: Brenda Lang 11:47AM PackagedChillerReport:DoNotEdit; 30RB with Greenspeed®Intelligence Unit Information Tag Name:N-ACCH-01 and 02-ALCU Model Number:30RB170 Condenser Type:Air Cooled Compressor Type:Scroll Nameplate Voltage:460-3-60 V-Ph-Hz Quantity:2 Manufacturing Source:Charlotte, NC USA ASHRAE 90.1:2013/2016, 2010, 2007 Refrigerant:R-410A Capacity Control Steps:8 Minimum Capacity:10.00 % Shipping Weight:9990 lb Operating Weight:10601 lb Refrigerant Weight (Circuit A):162 lb Refrigerant Weight (Circuit B):133 lb Unit Length:236 in Unit Width:89 in Unit Height:90 in Minimum Outdoor Operating Temp:-20.0 °F Performance Information Cooling Capacity:160.7 Tons Total Compressor Power:178.7 kW Total Fan Motor Power:25.69 kW Total Unit Power (without pump):204.4 kW Efficiency (without pump) (EER):9.438 BTU/Wh Evaporator Information Fluid Type:Fresh Water Fouling Factor:0.000100 (hr-sqft-F)/BTU Leaving Temperature:45.00 °F Entering Temperature:55.34 °F Fluid Flow:372.0 gpm Fluid Flow Min:204.0 gpm Fluid Flow Max:816.0 gpm Pressure Drop:8.63 ft H2O Condenser Information Altitude:0.000 ft Number of Fans:10 Total Condenser Fan Air Flow:124,000 CFM Entering Air Temperature:100.0 °F Integrated Pump Information No Pump Selected Accessories and Installed Options Freeze Protection Suction Line Insulation Non-Fused Disconnect Al Fin/Cu Tube, E-Coat Ultra Low Sound Option Minimum Load Control Single Point BACnet Communications Coil Trim Panels, Grilles(both sides of the chiller), Upper Hail Guards High SCCR 65 k Current Rating (460V) (included non-fused disconnect) Greenspeed Intelligence: High-Efficiency Variable Condenser Fans Electrical Information Unit Voltage:460-3-60 V-Ph-Hz Connection Type:Single Point Minimum Voltage:414 Volts Maximum Voltage:506 Volts SCCR:65 kA Electrical Electrical Amps Circuit 1 Circuit 2 MCA 355.6 --- MOCP 400.0 --- ICF 563.6 --- Rec Fuse Size 400.0 --- Packaged Chiller Builder NACO 3.63 Page 6 of 8 DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 Detailed Performance Summary For N-ACCH-01 and 02-ALCU Project: Pearland Natatorium 08/04/2023 Prepared By: Brenda Lang 11:47AM Integrated Part Load Value (AHRI) IPLV.IP:17.21 BTU/Wh Unit Performance Percent of Full Load Capacity, %100.00 75.00 50.00 25.00 Percent of Full Load Power, %100.00 53.25 26.51 11.52 Unloading Sequence B B B B Cooling Capacity, Tons 163.4 122.5 81.70 40.85 Total Unit Power, kW 194.9 103.8 51.68 22.46 Efficiency (EER), BTU/Wh 10.06 14.17 18.97 21.83 Evaporator Data Fluid Entering Temperature, °F 54.00 51.49 48.99 46.50 Fluid Leaving Temperature, °F 44.00 44.00 44.00 44.00 Fluid Flow Rate, gpm 390.7 390.7 390.7 390.7 Fouling Factor, (hr-sqft-F)/BTU 0.000100 0.000100 0.000100 0.000100 Pressure Drop, psi 4.12 4.14 4.16 4.18 Condenser Data Entering Air Temperature, °F 95.0 80.0 65.0 55.0 Nonstandard Part-Load Value NPLV.IP:17.08 BTU/Wh Unit Performance Percent of Full Load Capacity, %100.00 75.00 50.00 25.00 Percent of Full Load Power, %100.00 51.25 24.88 10.69 Unloading Sequence B B B B Capacity, Tons 160.7 120.6 80.37 40.19 Total Unit Power, kW 204.4 104.8 50.84 21.85 Efficiency (EER), BTU/Wh 9.438 13.81 18.97 22.07 Evaporator Data Fluid Entering Temperature, °F 55.34 52.74 50.16 47.58 Fluid Leaving Temperature, °F 45.00 45.00 45.00 45.00 Fluid Flow Rate, gpm 372.0 372.0 372.0 372.0 Fouling Factor, (hr-sqft-F)/BTU 0.000100 0.000100 0.000100 0.000100 Pressure Drop, psi 3.74 3.76 3.78 3.80 Condenser Data Entering Air Temperature, °F 100.0 83.1 66.3 55.0 Sound power measured in accordance with ANSI/AHRI Standard 370-2015. Certified in accordance with the AHRI Air-Cooled Water-Chilling Packages Certification Program, which is based on AHRI Standard 550/590 (I-P) and AHRI Standard 551/591 (SI). Certified units may be found in the AHRI Directory at www.ahridirectory.org. The NPLV is not an AHRI 550/590 metric and is not certified. It is based on ambient temperature varying linearly from the full load ambient to 55 F at 0% load. Packaged Chiller Builder NACO 3.63 Page 7 of 8 DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 Detailed Performance Summary For N-ACCH-01 and 02-ALCU Project: Pearland Natatorium 08/04/2023 Prepared By: Brenda Lang 11:47AM Unit Parameters Tag Name:N-ACCH-01 and 02-ALCU Model Number:30RB170 Condenser Type:Air Cooled Compressor Type:Scroll Chiller Nameplate Voltage:460-3-60 V-Ph-Hz Quantity:2 Manufacturing Source:Charlotte, NC USA Refrigerant:R-410A Shipping Weight:9990 lb Operating Weight:10601 lb Refrigerant Weight (Circuit A):162 lb Refrigerant Weight (Circuit B):133 lb Unit Length:236 in Unit Width:89 in Unit Height:90 in 1 - Chiller Height Above Ground 2 - Horizontal Distance From Chiller to Receiver 3 - Receiver Height Above Ground (See Note 3) Accessories and Installed Options Freeze Protection Suction Line Insulation Non-Fused Disconnect Al Fin/Cu Tube, E-Coat Ultra Low Sound Option Minimum Load Control Single Point BACnet Communications Coil Trim Panels, Grilles(both sides of the chiller), Upper Hail Guards High SCCR 65 k Current Rating (460V) (included non-fused disconnect) Greenspeed Intelligence: High-Efficiency Variable Condenser Fans Acoustic Information Table 1. A-Weighted Sound Power Levels (dB re 1 picowatt). See note #1. Octave Band Center Frequency, Hz 31 63 125 250 500 1k 2k 4k 8k Overall 100% Load --- 69 82 88 94 98 93 89 81 101 75% Load --- 66 75 83 86 89 85 83 77 93 50% Load --- 58 66 74 78 78 77 76 76 84 25% Load --- 56 61 71 75 77 74 72 73 82 Table 2. A-Weighted Sound Pressure Levels (dB re 20 micropascals) calculated based upon user defined input for dimensions 1, 2 and 3 as shown in above diagram. See note #2 and #3. Octave Band Center Frequency, Hz 31 63 125 250 500 1k 2k 4k 8k Overall 100% Load --- 41 54 60 66 70 65 61 53 73 75% Load --- 38 47 54 58 61 57 55 49 65 50% Load --- 30 38 46 50 50 49 48 47 56 25% Load --- 28 33 42 47 49 46 44 44 54 Notes: (1) Measurements performed in accordance with AHRI Standard 370-2015 for air cooled Chillers. (2) Chiller is assumed to be a point source on a reflecting plane. (3) Without user defined input, the default dimensions used to construct Table 2 are as follows: 1 - Chiller Height Above Ground = 0.0 ft 2 - Horizontal Distance From Chiller to Receiver = 30.0 ft 3 - Receiver Height Above Ground = 3.0 ft Packaged Chiller Builder NACO 3.63 Page 8 of 8 DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 1 Quote #00772123CARRIER DIRECT SALESPrepared For: CARRIER DIRECT SALES For Service At: CARRIER DIRECT SALES 4141 Bailey Rd, Pearland, TX 77584-6047 August 7, 2023 Over 100 years of innovation carrier.com/service Carrier® Commercial Service HVAC Maintenance Plan Core Providing a One Year Service and Maintenance Agreement. DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 2 Quote #00772123CARRIER DIRECT SALES – MAINTENANCE PLANREDUCE BREAKDOWNS BY 70–75% REDUCE DOWNTIME BY 35–40% LOWER REPAIRS & MAINTENANCE BY 5–20% Carrier® Commercial Service Proposed Maintenance Plan Noack, Thank you for considering Carrier for your mechanical HVAC service. As a leading expert in the industry, we have carefully considered your unique needs in putting together this proposal. The specific details of this plan will be outlined in the following pages of this packet, but here is a summary for your convenience. Benefits Safeguarding your equipment by choosing Carrier brings the security of having forged a true partnership with the HVAC industry’s foremost servicing and technology leader. We have access to the most advanced technical service tools and engineering resources. By partnering with us we are confident you can experience many benefits such as: •Prolonged equipment life •Maximum energy savings •Increased comfort •Lower operating costs If you require any additional information about the scope of work and details contained in this proposal, please do not hesitate to contact me. Again, Carrier would like to thank you for the continuing opportunity to be of service. Sincerely, Blair Gillard Service Plan Level: Carrier Core Agreement Term: One Year Location Address:4141 Bailey Rd, Pearland, TX 77584-6047 Equipment Summary: Type Quantity Air-Cooled Chiller 2 Impact Research has shown regular maintenance can: Source FEMP O&M Guide – July 2004 DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 3 Quote #00772123CARRIER DIRECT SALES – MAINTENANCE PLANYour Carrier® Team We are pleased to provide you with a first-class team dedicated to meeting your scheduled and unscheduled service needs. Here is an introduction to the Carrier® team that will be serving you. Name Title Email Blair Gillard Maintenance Solutions Specialist blair.gillard@carrier.com Timothy Dean Service Manager timothy.dean@carrier.com Our Commitment to You Carrier Commercial Service commits to providing you the best service in the industry. Here are just a few of the ways we strive to earn the title of expert. 24/7 Support – We know your equipment has no predictable timetable. That is why we have teams of experts standing by to assist you at any hour of the day or night. Certified Technicians – Our technicians are certified as Carrier Specialists or Masters – through our progressive Tech360 Certification Program – and thoroughly tested to our exacting standards. Systems Expertise – At Carrier, we don’t just change filters – we provide a complete spectrum of services to meet your diverse HVAC needs. Scheduled maintenance, emergency repairs, remote diagnostics and analytics, equipment replacement and modernization are just a few of the services we can provide. As the servicing entity of Carrier, we have access to the latest engineering advancements and the most advanced technical servicing tools. Standard Work Procedures – Our Achieving Competitive Excellence (ACE) operating system brings you standardized solutions, no guesswork, and no variables. We focus on quality, efficiency and consistency at your jobsite and in all our day-to-day business practices Environmental Health and Safety (EH&S) – We support a multi-faceted EH&S management system which ensures a focused approach to safety every day. On all levels, we adhere to the most stringent safety standards, which translates to safety on your job site. DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 4 Quote #00772123CARRIER DIRECT SALES – MAINTENANCE PLANEquipment Summary The following equipment is covered in the Carrier Core HVAC maintenance plan. DESCRIPTION MFR.MODEL SERIAL NUMBER LOCATION Carrier Air-Cooled Chiller 30RB Carrier 30RB170 Carrier Air-Cooled Chiller 30RB Carrier 30RB170 DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 Quote #00772123CARRIER DIRECT SALES – MAINTENANCE PLANGeneral Services Included 5 Operating Inspection An Operating Inspection shall include specific tasks and recommended frequencies for each equipment type. Each inspection will be used to ensure a consistent and thorough review of the covered equipment. Parts, oil, lubricants and materials (refrigerant is a separate item herein) are included as required items to perform the Operating Inspection tasks/actions as indicated in the Service Agreement. Annual Preventive Maintenance (PM) Annual Preventive Maintenance is defined as pre-scheduled recurring preventive maintenance actions, which is to be performed once a year or as recommended by the equipment manufacturer. This annual maintenance is designed to maintain the machine at factory standards and prepare the equipment for effective, reliable and efficient operation. Items such as gaskets, filters, o-rings, oil, lubricants and materials (refrigerant is a separate item herein) are included on an as required basis to perform the Annual Preventive Maintenance tasks/actions indicated in the Service Agreement. DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 Quote #00772123CARRIER DIRECT SALES – MAINTENANCE PLANDetailed Description of Work 6 In this section, detailed action items for each piece of equipment are presented. All work is done according to manufacturers’ recommendations and with the utmost attention to detail. 30RB170 Quantity 1 S/N Location Description Carrier Air-Cooled Chiller 30RB Frequency of services Yr1 Yr2 Yr3 Yr4 Yr5 Operating Inspection 3 3 3 3 3 Annual PM 1 1 1 1 1 DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 Quote #00772123CARRIER DIRECT SALES – MAINTENANCE PLANDetailed Description of Work 7 30RB170 Quantity 1 S/N Location Description Carrier Air-Cooled Chiller 30RB Frequency of services Yr1 Yr2 Yr3 Yr4 Yr5 Operating Inspection 3 3 3 3 3 Annual PM 1 1 1 1 1 DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 Quote #00772123CARRIER DIRECT SALES – MAINTENANCE PLAN 8 Carrier® Service Agreement Brett Noack Quote #:00772123 CARRIER DIRECT SALES Submitted By:Blair Gillard 4141 Bailey Rd Date:08/07/2023 Pearland, TX 77584-6047 Service Plan Carrier Core as defined in General Services section. Agreement Term This Agreement shall become effective upon 08/01/2024 and shall continue for a One (1) year term. The Agreement shall automatically renew at each contract anniversary (see Agreement Renewal). Either party may terminate this agreement as outlined in the Terms and Conditions. Agreement Price Total agreement price is for One (1) year(s), payable on quarterly schedule. Agreement price per quarter: Agreement price in year one: Total agreement price: This proposal is valid for 30 days from the date of proposal. Carrier's terms and conditions will govern in lieu of any other terms and conditions contained in any resulting Purchase, Order, Contract, Agreement, etc. Acceptance and Approval This contract will become binding upon signature by Customer and signature by a Carrier representative. The undersigned acknowledges and agrees by its signature that the Scope of Service, and any amendment or addenda prepared by Carrier with respect thereto, constitutes the entire Agreement. Customer Acceptance (typed/printed name)Carrier Acceptance (typed/printed name) Title Title Customer Acceptance (signature)Carrier Acceptance (signature) Date Date DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 Quote #00772123CARRIER DIRECT SALES – MAINTENANCE PLAN 9 Agreement Renewal The Agreement shall automatically renew at each contract anniversary for an additional like term (a renewal term). The Agreement Price for the first year of the initial renewal term will be adjusted to reflect the percent increase shown by the index of the Producer Price Index for Metals and Metal products published by the U.S. Department of Labor, Bureau of Statistics for the adjustment month compared with the index for the same month of the final year of the original term of the Agreement and the percent increase to Carrier straight-time hourly labor rates contained in the applicable Carrier collective bargaining agreement compared with the straight-time hourly labor rates for the same month of the final year of the original term of the Agreement. The Agreement Price will be adjusted annually thereafter to reflect the percent increase shown by the index of the Producer Price Index for Metals and Metal products published by the U.S. Department of Labor, Bureau of Statistics for the adjustment month compared with the index for the same month of the previous year, and the percent increase to Carrier straight-time hourly labor rates contained in the applicable Carrier collective bargaining agreement compared with the straight-time hourly labor rates for the same month of the previous year. DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 Quote #00772123CARRIER DIRECT SALES – MAINTENANCE PLAN 10 Carrier® Terms and Conditions 1. PAYMENT AND TAXES - Payment shall be made net 30 days from date of invoice. Carrier reserves the right to require cash payment or other alternative method of payment prior to shipment or completion of work if Carrier determines, in its sole discretion, that Customer or Customer's assignee’s financial condition at any time does not justify continuance of the net 30 days payment term. In addition to the price, Customer shall pay Carrier any taxes or government charges arising from this Agreement. If Customer claims that any such taxes or government charges do not apply to the transactions governed by this Agreement, Customer shall provide Carrier with acceptable tax exemption certificates or other applicable documents. All past due invoices will accrue interest at the lesser of 1% per month or the maximum amount allowable by law. 2. EXTRAS - Equipment, parts or labor in addition to those specified in this Agreement will be provided upon receipt of Customer’s written authorization, paid for as an extra at Carrier’s prevailing labor rates and equipment/parts charges, and subject to the terms of this Agreement. 3. RETURNS - No items will be accepted for return without prior written authorization. Returned goods may be subject to a restocking charge. Special order and non-stock items cannot be returned. 4. SHIPMENT - All shipments shall be F.O.B. shipping point, freight prepaid and allowed to the job site. Shipment dates quoted are approximate. Carrier does not guarantee a particular date for shipment or delivery. 5. PARTIAL SHIPMENT - Carrier shall have the right to ship any portion of the equipment, goods or other materials included in this Agreement and invoice Customer for such partial shipment. 6. DELAYS - Carrier shall not be liable for delays in manufacturing, shipping or delivery by causes beyond the control and without the fault or negligence of Carrier, including but not restricted to acts of God, acts of a public enemy, acts of government, acts of terrorism, fires, floods, epidemics, quarantine restrictions, freight embargoes, supplier delays, strikes, or labor difficulties (collectively “Force Majeure Events”). Carrier agrees to notify Customer in writing as soon as practicable of the causes of such delay. In the event that any materials or equipment to be provided by Carrier under this Agreement become permanently unavailable as a result of a Force Majeure Event, Carrier shall be excused from furnishing such materials or equipment. 7. WARRANTY - Carrier warrants that all equipment manufactured by Carrier Corporation and all Carrier equipment, parts or components supplied hereunder will be free from defects in material and workmanship. Carrier shall at its option repair or replace, F.O.B. point of sale, any equipment, part or component sold by Carrier and determined to be defective within one (1) year from the date of initial operation or eighteen (18) months from date of shipment, whichever is earlier. Carrier does not warrant products not manufactured by Carrier Corporation, but it does pass on to Customer any transferrable manufacturer warranties for those products. Carrier warrants that all service provided by Carrier hereunder shall be performed in a workmanlike manner. In the event any such service is determined to be defective within ninety (90) days of completion of that service, Carrier shall at its option re- perform or issue a credit for such service. Carrier’s obligation to repair or replace any defective equipment, parts or components during the warranty period shall be Customer’s exclusive remedy. Carrier shall not be responsible for labor charges for removal or reinstallation of defective equipment, parts or components, for charges for transportation, handling and shipping or refrigerant loss, or for repairs or replacement of such equipment, parts or components, required as a consequence of faulty installation, misapplication, vandalism, abuse, exposure to chemicals, improper servicing, unauthorized alteration or improper operation by persons other than Carrier. THIS WARRANTY IS GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 8. WORKING HOURS - All services performed under this Agreement, including but not limited to, major repairs, are to be provided during Carrier’s normal working hours unless otherwise agreed. 9. CUSTOMER RESPONSIBILITIES (Service Contracts only) - Customer shall: ·Provide safe and reasonable equipment access and a safe work environment. ·Permit access to Customer’s site, and use of building services including but not limited to: water, elevators, receiving dock facilities, electrical service and local telephone service. ·Keep areas adjacent to equipment free of extraneous material, move any stock, fixtures, walls or partitions that may be necessary to perform the specified service. ·Promptly notify Carrier of any unusual operating conditions. ·Upon agreement of a timely mutual schedule, allow Carrier to stop and start equipment necessary to perform service. ·Provide adequate water treatment. ·Provide the daily routine equipment operation (if not part of this Agreement) including availability of routine equipment log readings. ·Where Carrier’s remote monitoring service is provided, provide and maintain a telephone line with long distance direct dial and answer capability. ·Operate the equipment properly and in accordance with instructions. ·Promptly address any issues that arise related to mold, fungi, mildew or bacteria. ·Identify and label any asbestos containing material that may be present. The customer will provide, in writing, prior to the start of a job, a signed statement regarding the absence or presence of asbestos for any job where the building or the equipment to be serviced is older than 1981. Should this document state that no asbestos is present, the customer will also provide in writing the method used to determine the absence of asbestos. 10. EXCLUSIONS - Carrier is not responsible for items not normally subject to mechanical maintenance including but not limited to: duct work, casings, cabinets, fixtures, structural supports, grillage, water piping, steam piping, drain piping, cooling tower fill, boiler tubes, boiler refractory, disconnect switches and circuit breakers. Carrier is not responsible for repairs, replacements, alterations, additions, adjustments, repairs by others, unscheduled calls or emergency calls, any of which may be necessitated by negligent operation, abuse, misuse, prior improper maintenance, vandalism, obsolescence, building system design, damage due to freezing weather, chemical/electrochemical attack, corrosion, erosion, deterioration due to unusual wear and tear, any damage related to the presence of mold, fungi, mildew, or bacteria, damage caused by power reductions or failures or any other cause beyond Carrier’s control. Carrier shall not be required to perform tests, install any items of equipment or make modifications that may be recommended or directed by insurance companies, government, state, municipal or other authority. However, in the event any such recommendations occur, Carrier, at its option, may submit a proposal for Customer’s consideration in addition to this Agreement. Carrier shall not be required to repair or replace equipment that has not been properly maintained. 11. EQUIPMENT CONDITION & RECOMMENDED SERVICE (Service Contracts only) - Upon the initial scheduled operating and/or initial annual stop inspection, should Carrier determine the need for repairs or replacement, Carrier will provide Customer in writing an ‘equipment condition’ report including recommendations for corrections and the price for repairs in addition to this Agreement. In the event Carrier recommends certain services (that are not included herein or upon initial inspection) and if Customer does not elect to have such services properly performed in a timely fashion, Carrier shall not be responsible for any DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 Quote #00772123CARRIER DIRECT SALES – MAINTENANCE PLAN 11 equipment or control failures, operability or any long-term damage that may result. Carrier at its option will either continue to maintain equipment and/or controls to the best of its ability, without any responsibility, or remove such equipment from this Agreement, adjusting the price accordingly. 12. PROPRIETARY RIGHTS - Carrier may elect to install, attach to Customer equipment, or provide portable devices (hardware and/or software) that shall remain the personal proprietary property of Carrier. No devices installed, attached to real property or portable device(s) shall become a fixture of the Customer locations. Customer shall not acquire any interest, title or equity in any hardware, software, processes, and other intellectual or proprietary rights to devices that are used in connection with providing service on Customer equipment. 13. DATA RIGHTS - Customer hereby grants and agrees to grant to Carrier a worldwide, non-exclusive, non-terminable, irrevocable, perpetual, paid-up, royalty free license to any Source Data, with the right to sub-license to its affiliates and suppliers for (i) Carrier’s performance of services pursuant to this Agreement, (ii) the improvement of Carrier services, and Carrier’s Analytics Platform; (iii) improving product performance, operation, reliability, and maintainability; (iv) to create, compile, and/or use datasets and/or statistics for the purposes of benchmarking, development of best practices, product improvement; (v) the provision of services to third parties, (vi) research, statistical, and marketing purposes, and/or (vii) in support of Carrier agreements. Source Data – shall mean data that is produced directly from a system, or device and received at a collection point or a central server (e.g. a Carrier database, data lake, or third party cloud service). Analytics Platform – shall mean server algorithms or web interface systems used to (i) interpret, convert, manipulate, or calculate data, (ii) perform data processing, and/or (iii) the delivery of data to Carrier, affiliates or suppliers of Carrier, and/or Customer. 14. RETURN OF DATA - Customer understands and acknowledges that the portable devices will collect Source Data that will be stored on and/or transmitted to Carrier’s servers and to suppliers or affiliates that are contracted by Carrier and used to transmit, process, extract or store such Source Data for purposes of Carrier’s performance of the service in accordance with this Agreement. Once such data and information has been stored and/or transmitted to Carrier’s servers, Customer agrees that such data and information shall become part of Carrier’s database and therefore subject to the license terms under section 13. 15. DATA DELIVERY - During the term of the Agreement Customer shall (i) make reasonable efforts to ensure that the hardware remains powered on, (ii) avoid intentional action to impede, block or throttle collection and transmission of Source Data by Carrier, and (iii) avoid intentional action to disable, turn off, or remove the hardware without Carrier’s express written consent, which consent shall not be unreasonably withheld. 16. REVERSE ENGINEERING - Customer shall not extract, decompile or reverse engineer any software included with, incorporated in, or otherwise associated with the hardware and shall not reverse engineer any reports or analytics provided to or received by Customer from Carrier. 17. WAIVER OF DAMAGES - Under no circumstances shall Carrier be liable for any indirect, incidental, special or consequential damages, including loss of revenue or profit, loss of use of equipment or facilities, loss of data, or economic damages howsoever arising. 18. LIMITATION OF LIABILITY - Carrier’s maximum liability for any reason (except for personal injuries) arising from this Agreement shall not exceed the value of the payments received by Carrier under this Agreement. 19. CANCELLATION - Customer may cancel this Agreement only with Carrier’s prior written consent, and upon payment of reasonable cancellation charges. Such charges shall take into account costs and expenses incurred, and purchases or contract commitments made by Carrier and all other losses due to the cancellation including a reasonable profit. 20. CUSTOMER TERMINATION FOR CARRIER NON-PERFORMANCE - Customer shall have the right to terminate this Agreement for Carrier’s non- performance provided Carrier fails to cure such non-performance within thirty (30) days after having been given prior written notice of the non-performance. Upon early termination or expiration of this Agreement, Carrier shall have free access to enter Customer locations to disconnect and remove any Carrier personal proprietary property or devices as well as remove any and all Carrier-owned parts, tools and personal property. Additionally, Customer agrees to pay Carrier for all incurred but unamortized service costs performed by Carrier including overheads and a reasonable profit. 21. CARRIER TERMINATION - Carrier reserves the right to discontinue its service any time payments have not been made as agreed or if alterations, additions or repairs are made to equipment during the term of this Agreement by others without prior agreement between Customer and Carrier. 22. CLAIMS - Any lawsuits arising from the performance or nonperformance of this Agreement, whether based upon contract, negligence, strict liability or otherwise, shall be brought within one (1) year from the date the claim arose. 23. GOVERNMENT PROCUREMENTS - The components, equipment and services provided by Carrier are “commercial items” as defined in Section 2.101 of the Federal Acquisition Regulations ("FAR"), and the prices of such components, equipment and services are based on Carrier's commercial pricing policies and practices (which do not consider any special requirements of U.S. Government cost principles, FAR Part 31, or any similar procurement regulations). As such, Carrier will not agree to provide or certify cost or pricing data, nor will Carrier agree to comply with the Cost Accounting Standards (CAS). In addition, no government procurement regulations, such as FARs or DFARs, shall apply to this Agreement except those regulations expressly accepted in writing by Carrier. 24. HAZARDOUS MATERIALS - Carrier is not responsible for the identification, detection, abatement, encapsulating or removal of asbestos, products or materials containing asbestos, similar hazardous substances, or mold, fungi, mildew, or bacteria. If Carrier encounters any asbestos or other hazardous material while performing this Agreement, Carrier may suspend its work and remove its employees from the project, until such material and any hazards associated with it are abated. The time for Carrier’s performance shall be extended accordingly, and Carrier shall be compensated for the delay. 25. WASTE DISPOSAL - Customer is wholly responsible for the removal and proper disposal of waste oil, refrigerant and any other material generated during the term of this Agreement. 26. SUPERSEDURE, ASSIGNMENT and MODIFICATION - This Agreement contains the complete and exclusive statement of the agreement between the parties and supersedes all previous or contemporaneous, oral or written, statements. Customer may assign this Agreement only with Carrier’s prior written consent. No modification to this Agreement shall be binding unless in writing and signed by both parties. Orders shall be binding upon Carrier when accepted in writing by an authorized representative of Carrier. CARRIER’S ACCEPTANCE OF CUSTOMER’S ORDER IS CONDITIONED UPON CUSTOMER’S ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH HEREIN (THIS “AGREEMENT”) AND CUSTOMER’S AGREEMENT TO BE BOUND BY AND COMPLY WITH THIS AGREEMENT. THIS AGREEMENT AND ALL REFERENCED ATTACHMENTS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN CARRIER AND CUSTOMER, AND NO AMENDMENT OR MODIFICATION SHALL BE BINDING ON CARRIER UNLESS SIGNED BY AN OFFICER OR AUTHORIZED EMPLOYEE OF CARRIER. THE FAILURE OF CARRIER TO OBJECT TO PROVISIONS CONTAINED IN ANY PURCHASE ORDER OR OTHER DOCUMENT OF CUSTOMER SHALL NOT BE CONSTRUED AS A WAIVER BY CARRIER OF THE TERMS IN THIS AGREEMENT OR AN ACCEPTANCE OF ANY OF CUSTOMER’S PROVISIONS. ANY CONFLICTING OR ADDITIONAL TERMS OR CONDITIONS SET FORTH BY CUSTOMER IN A DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 Quote #00772123CARRIER DIRECT SALES – MAINTENANCE PLAN 12 PURCHASE ORDER OR OTHER DOCUMENT SHALL NOT BE BINDING UPON CARRIER, AND CARRIER HEREBY EXPRESSLY OBJECTS THERETO. 27. CUSTOMER CONSENT - Customer consents and agrees that Carrier may, from time to time, publicize Carrier related projects with Customer, including the value of such projects, in all forms and media for advertising, trade, and any other lawful purposes. 28. FOR WORK BEING PERFORMED IN CALIFORNIA - Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826. 29. INTELLECTUAL PROPERTY – Notwithstanding anything to the contrary stated herein, Carrier retains ownership of its intellectual property and no license to Carrier’s intellectual property is granted except as necessary for Customer to use any deliverables and/or services provided hereunder. 30. DATA PRIVACY – Carrier processes personal data in accordance with its privacy notice at Carrier.com or via the following link: https://www.carrier.com/carrier/en/worldwide/legal/privacy-notice. Each party will comply with applicable data privacy laws governing personal information collected and processed under this Agreement, including the California Consumer Privacy Act and the European General Data Protection Regulation, and take all reasonable commercial and legal steps to protect personal data. If Customer provides Carrier with personal data, Customer will ensure that it has the legal right to do so, including notifying the individuals whose personal data it provides to Carrier. If a party collects or processes personal data from California residents under this Agreement, such party is a “Service Provider” under the CCPA, and will not sell or exchange such personal data for anything of value. 31. FACTORY ACCEPTANCE TESTS AND INSPECTIONS – The nature and extent of factory acceptance tests or factory inspections, including without limitation, the number and identity of participants, locations visited, and activities undertaken, shall be limited to activities directly related to the performance of this Agreement. The tests or inspections will be subject to mutual agreement of the parties, Carrier policy and internal pre-approval requirements, and strictly comply with Customer’s policies as well as all applicable laws and regulations including, without limitation, all applicable laws and regulations prohibiting corruption. 32. CHANGE ORDER / ADDITIONAL WORK / PRICE ADJUSTMENTS – Carrier will not perform additional work until such time as Carrier receives a change order, duly executed by each party, setting forth the scope and an agreed upon price for the additional work, as well as any appropriate adjustments to the delivery schedule. Additional work and/or materials supplied under any change order shall be subject to the terms of this Agreement. The price of services performed under this Agreement is subject to change due to increases in material costs related to tariffs, import duties, trade policy, epidemics, commodity or material costs, fuel surcharges, supplier costs, labor costs, or related impacts or market conditions. Such change shall come into effect on thirty (30) days’ prior written notice from Carrier to Customer. The price of equipment supplied under this Agreement is subject to increase in accordance with the Producer Price Index (PPI) published by the U.S. Department of Labor Bureau of Labor Statistics (BLS) for commodity: PCU33341-33341 HVAC and Commercial Refrigeration Equipment. Price escalation will be calculated as (i) total Agreement price multiplied by (ii) the PPI on date of equipment delivery to end customer, divided by (iii) PPI on date of execution of the Agreement. Total Agreement price is not subject to decrease. 33. OCCUPATIONAL SAFETY AND HEALTH (Service Contracts Only) – Carrier and Customer agree to notify each other immediately upon becoming aware of an inspection under, or any alleged violation of, the Occupational Safety and Health Act (“OSHA”) relating in any way to the performance of work under this Agreement, the project or the job site. 34. ANTI-DISCRIMINATION POLICY – The Carrier Fostering a Respectful and Safe Work Environment policy is incorporated into these terms via this link: https://www.carrier.com/commercial/en/us/media/carrier-anti-discrimination- harassment-policy-02192021_tcm199-109848.pdf. 35. EQUIPMENT RENTALS – If all or a portion of this Agreement is for equipment rental, the Carrier Rental Systems Master Terms and Conditions – Rental, available at https://www.carrier.com/rentals/en/us/rental-equipment/rental-forms/, shall apply to the rental equipment. 36. STATE CONTRACTOR LICENSE NUMBERS – A list of Carrier’s state contractor license, certificate, and registration numbers, which list is incorporated herein, is available via this link: https://www.carrier.com/commercial/en/us/service/contractor-licenses. 37. ADDITIONAL TERMS AND CONDITIONS - CANNABIS INDUSTRY - If Customer is involved in the cannabis industry in the US as a manufacturer, distributor, or otherwise, the additional terms and conditions available at https://www.carrier.com/commercial/en/us/legal/additional-terms, which are incorporated herein, shall apply. 38. ADDITIONAL TERMS AND CONDITIONS – ABOUND – If this Agreement includes a subscription to the Abound platform, then the additional terms and conditions of the Abound Master SaaS Subscription Agreement available at https://abound.carrier.com/saas-agreement which are incorporated herein, shall apply. DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 Quote #00772123CARRIER DIRECT SALES – MAINTENANCE PLAN 13 DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 Quote #00772123CARRIER DIRECT SALES – MAINTENANCE PLAN 14 Over 100 years of innovation carrier.com/service DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 (800) 227-7437 CARRIER CORPORATION Contract Administration Dept P.O. BOX 4808 Syracuse, NY 13221 Send To: Attention: Subject: I want to start by thanking you for your purchase of Carrier equipment as well as your use of Carrier Commercial Service for the equipment startup. Our files show that the following equipment, furnished on the subject order, has been placed into operation: MODEL# SERIAL#ORDER #SHIP DATE START UP DATE The Carrier warranty on the above equipment is governed by the terms and conditions on the sales document with Carrier. Our standard warranty period ends 12 months from the date of the initial operation (start-up) or 18 months from the date of shipment, whichever occurs first. Standard warranty includes parts only. Labor is also included during the standard warranty period for equipment model numbers beginning with 16, 17, 18, 19, 23, 30HX, 30MP, 30XA, 30XW, 30RA OR 30RB. All first year warranty labor must be performed by Carrier Commercial Service. Products other than those listed above may include first year labor coverage if the option was expressly included in the sale of the equipment. Carrier offers several options to maintain and help ensure reliable equipment operation during and after the standard warranty period. If you purchased optional extended warranty coverage with your equipment, you will be receiving a certificate of coverage in a separate letter. If you wish to purchase extended warranty coverage now, Carrier offers optional extended warranties which can be purchased through this office. Carrier also offers several levels of maintenance contracts covering every aspect of equipment preventive maintenance. Preventive maintenance is one of the best ways to help ensure reliable equipment operation. We value your confidence in Carrier and thank you for the opportunity to be of service. My staff and I are available to help you. We can be reached at Very Truly yours, Carrier Commercial Services Carrier Corporation Tag:KINGWOOD, TX 77339 KINGWOOD, TX 77339 Humble ISD 2020 Elm Grove ES . 2020Q90929 Humble ISD 2020 Elm Grove ES 9011 S Sam Houston Pkwy W STE 100 2815 CLEAR RIDGE DR 8003796484 3213882 2815 CLEAR RIDGE DR 30RBX13062-HNL8C 05/28/2020 Carrier Commercial Service, Houston 07/18/2020 HOUSTON, TX 77085 Annette Riley Sample Warranty Form DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 EXTENDED WARRANTY CUSTOMER PROTECTION PLAN CARRIER CORPORATION P.O. BOX 4808 Syracuse, NY 13221 Registration # _________________ Contract Codes _________________ Model Number _________________ Serial Number _________________ Start up Date _________________ Extended Warranty _________________ Start Date End Date _________________ Tag _________________ RE OWNER: Below indicates the applicable coverage for the Extended Warranty portion of Carrier’s Warranty Plan (i.e., after expiration of the initial standard warranty). _______ (quantity) Verification Inspection(s) per year to be performed by Carrier to verify that preventative maintenance is being performed in accordance with Carrier’s operating and maintenance instructions. The foregoing is for information purposes only and is not intended to vary or supplement the obligations of the parties which are stated in the contract of sale for the equipment. For complete warranty coverage and conditions, see the applicable terms and conditions covering the sale by Carrier of the above referenced equipment. Procedures: The extended Warranty is based on the condition that good preventative maintenance practices are followed in accordance with Carrier’s operating and maintenance manual for each unit. The Extended Warranty is further based on the condition that Carrier is allowed to perform at least one jobsite verification inspection per year and is allowed to review the owner’s maintenance logs, service reports, and preventative maintenance records for the equipment under Extended Warranty. The equipment owner should notify Carrier Commercial Service as soon as possible of equipment problems or of any warranty claim. Exclusions: Any damage beyond Carrier’s control or due to: unauthorized alterations, improper or lack of preventative maintenance. Damage due to any outside services such as: steam, voltage, water or air conditions. Equipment fluids such as: lithium bromide, oil, refrigerant. Failure caused by: abuse, accident, corrosion, erosion, freezing weather, improper operation, malicious acts, misuse or vandalism. Items not mechanically maintainable such as: cabinets, fixtures, grillage, piping, supports or tubes. Moving of stock, fixtures, walls or partitions needed to perform any warranty or limited maintenance work. Tube cleaning or water box head removal. Maintenance Options: An “X” below indicates the party is responsible to perform the necessary preventative maintenance during the Extended Warranty period. (N/A means Not Applicable) Coverage Service Performed: Service Performed: Carrier or Owner Carrier or Owner Second Year Annual Limited Maintenance :Sixth Year Annual Limited Maintenance: Third Year Annual Limited Maintenance:Seventh Year Annual Limited Maintenance: Fourth Year Annual Limited Maintenance:Eighth Year Annual Limited Maintenance: Fifth Year Annual Limited Maintenance:Ninth Year Annual Limited Maintenance: 01/16/2026 DPISD Parkwood ES 2020 30XW-22560--DJWR HOUSTON, TX 77085 07/17/2020 PASADENA, TX 77503 IN6039026320 5.5 years only, the complete unit will have labor and parts coverage. Carrier will provide the straight time, labor, and parts to repair or replace any part ormaterials determined by Carrier to be defective Carrier Commercial Service, Houston 1920Q26505 HT 404 PARKWOOD DR May 27, 2020 07/18/20219011 S Sam Houston Pkwy W STE 100 DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 LEAF Engineers Pool Unit Replacement at Recreation Center and Natatorium Project No. 220346 City of Pearland, Texas SCROLL WATER CHILLERS AIR-COOLED 23 64 23 - 1 SECTION 23 64 23 - SCROLL WATER CHILLERS AIR-COOLED This specification section is part of an early equipment procurement package and outlines the manufacturers and model numbers of the equipment to be purchased. Reference the drawings and equipment schedules for actual equipment identified as being part of the early procurement package. All other references in this specification to installation and products will be part of the base bid construction contract issued separately. All installation items within this specification shall be the responsibility of the installing contractor and work scope identified to be part of the base bid construction contract. Complete equipment submittals are due at the time of pricing submission for the early equipment package. Any pricing submitted without a submittal package will not be accepted. All submittals shall contain line by line specification compliance as well as a line-by-line equipment schedule compliance to indicate proposer is complying with equipment listed in this specification. Any deviations from the specification should be highlighted and identified and reason for deviation. Any incomplete submittals will not be accepted. Equipment shall be shipped to the project jobsite or to a designated storage facility; coordinate exact delivery address with The City of Pearland or the awarded installing contractor prior to shipment. PART 1 GENERAL 1.1 RELATED DOCUMENTS A.Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A.Section includes chiller package, controls and control connections, chilled water connections, starters, and electrical power connections. B.Related Sections: 1.Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 2.Section 23 05 48 Vibration and Seismic Controls for HVAC Piping and Equipment - Product requirements for Vibration Isolators for placement by this section. 3.Section 23 05 19 Meters and Gages for HVAC Piping: Product requirements for piping specialties for placement by this section. 1.3 DEFINITIONS A.BAS: Building automation system. B.COP: Coefficient of performance. The ratio of the rate of heat removal to the rate of energy input using consistent units for any given set of rating conditions. C.EER: Energy-efficiency ratio. The ratio of the cooling capacity given in terms of Btu/h to the total power input given in terms of watts at any given set of rating conditions. D.IPLV: Integrated part-load value. A single-number part-load efficiency figure of merit calculated per the method defined by ARI 550/590 and referenced to ARI standard rating conditions. Aluminum Copper Option Noted Noted Chillers are Not Seismic Rated &Vibration Isolation by Others Meters and Gages for HVAC Piping by Others. Noted Noted DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 LEAF Engineers Pool Unit Replacement at Recreation Center and Natatorium Project No. 220346 City of Pearland, Texas SCROLL WATER CHILLERS AIR-COOLED 23 64 23 - 2 E.KW/Ton (kW/kW): The ratio of total power input of the chiller in kilowatts to the net refrigerating capacity in tons (kW) at any given set of rating conditions. F.NPLV: Nonstandard part-load value. A single-number part-load efficiency figure of merit calculated per the method defined by ARI 550/590 and intended for operating conditions other than the ARI standard rating conditions. 1.4 REFERENCES A.Air-Conditioning and Refrigeration Institute: 1.ARI 550/590 - Water Chilling Packages Using the Vapor Compression Cycle. B.American Society of Heating, Refrigerating and Air-Conditioning Engineers: 1.ASHRAE 15 - Safety Code for Mechanical Refrigeration. 2.ASHRAE 90.1 - Energy Efficient Design of New Buildings Except Low-Rise Residential Buildings. C.American Society of Mechanical Engineers: 1.ASME Section VIII - Boiler and Pressure Vessel Code - Pressure Vessels. D.Underwriters Laboratories Inc.: 1.UL 1995 - Heating and Cooling Equipment. 1.5 ACTION SUBMITTALS A.Provide line-by-line specification review annotated to certify compliance or deviation. B.Provide line-by-line schedule notes review annotated to certify compliance or deviation. C.Provide Footprint Discrepancy Chart in spreadsheet form. Clearly show the differences in height, length, and width between the submitted units and designed units per plans for each chiller with corresponding tag. Include required D.Shop Drawings: Indicate components, assembly, dimensions, weights, and loads, required clearances, and location and size of field connections. Indicate equipment, piping and connections, valves, strainers, and thermostatic valves required for complete system. E.Product Data: Submit rated capacities, specialties and accessories, electrical requirements, and wiring diagrams. F.Design Data: Indicate energy input versus cooling load output from 25 to 100 percent of full load at specified and minimum condenser water temperature. G.Test Reports: Indicate results of factory performance test. H.Manufacturer's Installation Instructions: Submit assembly, support details, connection requirements, and include start-up instructions. I.Manufacturer's Certificate: Certify products meet or exceed specified requirements including components not produced by manufacturer. Installation Manuals to be provided under separate cover. Comply Comply Noted DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 LEAF Engineers Pool Unit Replacement at Recreation Center and Natatorium Project No. 220346 City of Pearland, Texas SCROLL WATER CHILLERS AIR-COOLED 23 64 23 - 3 J.Manufacturer’s Field Reports: Submit start-up report for each unit. Indicate results of leak test and refrigerant pressure test. 1.6 INFORMATIONAL SUBMITTALS A.Coordination Drawings: Floor plans, drawn to scale, on which the following items are shown and coordinated with each other, using input from installers of the items involved: 1.Structural supports. 2.Piping roughing-in requirements. 3.Wiring roughing-in requirements, including spaces reserved for electrical equipment. 4.Access requirements, including working clearances for mechanical controls and electrical equipment, and tube pull and service clearances. B.Certificates: For certification required in "Quality Assurance" Article. C.Seismic Qualification Certificates: For chillers, accessories, and components, from manufacturer. 1.Basis for Certification: Indicate whether withstand certification is based on actual test of assembled components or on calculation. 2.Dimensioned Outline Drawings of Equipment Unit: Identify center of gravity and locate and describe mounting and anchorage provisions. 3.Detailed description of equipment anchorage devices on which the certification is based and their installation requirements. D.Source quality-control reports. E.Startup service reports. F.Warranty: Sample of special warranty. 1.7 CLOSEOUT SUBMITTALS A.Operation and Maintenance Data: Submit start-up instructions, maintenance data, parts lists, controls, and accessories. Include trouble- shooting guide. 1.8 QUALITY ASSURANCE A.ARI Certification: Certify chiller according to ARI 550 certification program. B.ARI Rating: Rate chiller performance according to requirements in ARI 550/590. C.ASHRAE Compliance: 1.ASHRAE 15 for safety code for mechanical refrigeration. 2.ASHRAE 147 for refrigerant leaks, recovery, and handling and storage requirements. D.ASHRAE/IESNA Compliance: Applicable requirements in ASHRAE/IESNA 90.1. Comply Operation &Maintenance Manuals to be provided under separate cover. Clarification Chillers are not Seismic Rated. Drawings to be Coordinated with Contractor. Comply Clarification Comply Comply DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 LEAF Engineers Pool Unit Replacement at Recreation Center and Natatorium Project No. 220346 City of Pearland, Texas SCROLL WATER CHILLERS AIR-COOLED 23 64 23 - 4 E.ASME Compliance: Fabricate and label chillers to comply with ASME Boiler and Pressure Vessel Code: Section VIII, Division 1[, as applicable to chiller design]. For chillers charged with R-134a refrigerant, include an ASME U-stamp and nameplate certifying compliance. F.Comply with NFPA 70. G.Comply with requirements of UL and UL Canada and include label by a qualified testing agency showing compliance. 1.9 DELIVERY, STORAGE, AND HANDLING A.Chillers shall be factory wrapped by the manufacturer prior to shipment to prevent damage due to weather and road debris during transportation and thereafter while in storage awaiting installation. Protection of the complete unit from rusting and water migration must be handled as best suits the circumstances. Store in a place protected from construction traffic and weather. B.All equipment shall remain in manufacturer’s protective shipping wrap during construction. Openings must remain protected and covered during construction. If protective wrap has been damaged, the contractor shall provide additional protective wrap as directed by engineer. C.Contractor shall adequately protect equipment from damage after delivery to the project. Equipment shall be completely covered and secured with heavy tarpaulins, drop cloths or other protective coverings as required to protect from inclement weather, moisture, chemicals, construction traffic, plaster, paint, mortar and/or dirt. Do not cover with plastic materials and trap condensate and cause corrosion. Protective covering is in addition to the manufacturer’s original factory packaging. Original factory packaging shall not be deemed as acceptable protection of equipment. D.Do not deliver equipment to the project site until progress of construction has reached the stage where equipment is actually needed or until building is closed in enough to protect the equipment from weather. Equipment allowed to stand in the weather will be rejected, and the contractor is obligated to furnish new equipment of like kind at no additional cost to the Owner. Limit shipment of bulk and multi-use materials to quantities needed for immediate installation. E.Comply with manufacturer's installation instructions for rigging, unloading, and transporting units. F.Protect units from physical damage. Leave factory covers in place until startup of machine. 1.10 COORDINATION A.Coordinate sizes and locations of concrete bases with actual equipment provided. Cast anchor-bolt inserts into bases. B.If chiller is mounted on structural-steel support structure coordinate sizes, locations, and anchoring attachments of structural-steel support structures. 1.11 WARRANTY A.The chiller manufacturer shall provide a full machine parts, labor, and refrigerant warranty for a period of one (1) year. Warranty shall begin from date of Certificate of Substantial To Coordinated with Contractor. Comply Comply By Contractor Comply Comply DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 LEAF Engineers Pool Unit Replacement at Recreation Center and Natatorium Project No. 220346 City of Pearland, Texas SCROLL WATER CHILLERS AIR-COOLED 23 64 23 - 5 Completion. Provide manufacturer’s warranty certificates as described below. Warranty start dates from shipment or start up will not be accepted. B.Provide an extended four (4) year FULL machine parts, labor, and refrigerant warranty for chillers. All chiller components to be included such as but not limited to refrigerant, compressors, motors, starters, variable frequency drives, condenser coils, evaporator coils, fans, controls, and gear assemblies (as applicable) etc. In the event of failure, the chiller manufacturer shall provide a new motor, compressor, drive assembly, etc. Local or field rebuilt motors, compressors, drive assemblies etc. are not acceptable. C.In addition to full machine parts, labor and refrigerant, the Standard and Extended warranty shall include miscellaneous materials, travel time, incidental expenses, normal freight/shipping, refrigerant, oils, lubricants, belts, filters, insulation, and any expenses related to service calls required to diagnose and correct warranty issues. D.The manufacturer shall provide factory certificates for each chiller listing as a minimum the model, serial number, and warranty information as specified above. Payment to contractor may be held if warranty certificates are not provided in a timely manner. E.All warranty work shall be performed by factory direct service technician. Warranty work shall not be performed by installing mechanical contractor. 1.12 PREVENTATIVE MAINTENANCE SERVICE A.Furnish service and maintenance of chillers for period of one (1) year from Date of Substantial Completion. B.Include, on a quarterly basis, systematic examination, required adjustments, lubrication of unit and controls calibration. Repair or replace parts in accordance with manufacturer's operating and maintenance data. Use new parts produced by manufacturer of original equipment. C.Perform work without removing units from service during building normal occupied hours. Off- line chiller work must be coordinated with Owner. D.At an additional cost to owner provide emergency call back service at all hours during this maintenance period. E.Maintain locally adequate stock of parts for replacement or emergency purposes. Have personnel available to ensure fulfillment of this maintenance service, without unreasonable loss of time. F.All maintenance work shall be performed by factory direct service technician. Maintenance work shall not be performed by installing mechanical contractor. G.Do not assign or transfer maintenance service to agent or subcontractor. PART 2 – PRODUCTS 2.1 SCROLL WATER CHILLERS AIR-COOLED A.Manufacturers: Subject to compliance with specification and mechanical drawing requirements, provide products by one of the following: 1.Carrier. 2.Trane. Comply Comply Comply DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 LEAF Engineers Pool Unit Replacement at Recreation Center and Natatorium Project No. 220346 City of Pearland, Texas SCROLL WATER CHILLERS AIR-COOLED 23 64 23 - 6 3.Daikin. B.Product Description: Factory assembled and tested, packaged air-cooled liquid chiller consisting of semi-hermetic rotary screw or hermetic scroll compressors, suction gas-cooled compressor motor, condenser coils, evaporator, refrigeration accessories and control cabinet with single point power connection. 2.2 UNIT IDENTIFACTION REQUIREMENTS A.Furnish each unit with a durable, deep etched, .025” thick, factory installed aluminum identification plate, permanently mounted with the following information: Unit identification as indicated within Contract Documents. Serial Number. Model Number. Capacity (tonnage). Entering and leaving water temperature. Flow rate (GPM). Unit Power Supply: Volts / PH / Amps; MCA / MOCP Refrigerant type. Sales Order #. Date of unit manufactured. 2.3 COMPRESSORS A.Scroll Compressors: 1.Unit: Direct drive, hermetic, fixed compression, scroll motor-compressor with control panel. 2.Features: Centrifugal oil pump, sump oil heater, oil level sight glass, oil charging valve, two-point lubrication for each motor bearing, flooded lubrication for journal and thrust bearings, check valve on scroll discharge port. 3.Motor: Suction-gas cooled hermetically sealed, squirrel cage induction type. 4.Automatic Capacity Reduction: Electronic logic controller and air temperature sensor controls unit and hot gas bypass regulator valve. 5.Provide complete refrigerant charge of R-410a and oil charge. B.Lube oil system shall include filtration devices with proper valves for removal of filter without removal of refrigerant charge. 2.4 EVAPORATOR A.Shell and tube type, seamless or welded steel construction with cast iron or fabricated steel, heads, seamless copper tubes or red brass tubes with integral fins, rolled or silver brazed into tube sheets. Furnish multiple refrigerant circuits on multiple compressor units. Include a minimum of two (2) circuits. B.Design, test, and stamp refrigerant side for 445 psig working pressure and water side for 150 psig working pressure, in accordance with ASME Section VIII. Comply Comply Comply Comply DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 LEAF Engineers Pool Unit Replacement at Recreation Center and Natatorium Project No. 220346 City of Pearland, Texas SCROLL WATER CHILLERS AIR-COOLED 23 64 23 - 7 C.Furnish water boxes, with tapped drain and vent connections with flanged or mechanical joint connections arranged to permit inspection of tubes from either end without disturbing refrigerant. D.Furnish refrigerant chambers with baffles to distribute entering liquid and separate liquid from leaving gas. E.Insulate with 0.75-inch minimum thick, closed cell foam, vapor barrier insulation with a maximum K factor of 0.26. Provide heat tape with thermostat to protect evaporator from freezing down to 0º F. ambient. F.Furnish water drain connection and thermometer wells for temperature controller and low temperature cutout. G.Provide single or dual reseating type spring loaded pressure relief valves in accordance with ASHRAE-15. Dual valves shall be equipped with transfer valve to prevent loss of refrigerant when one valve is removed for service or testing. 2.5 CONDENSER COILS, FANS AND MOTORS A.Basis of Design: Coils shall be microchannel and shall have a series of flat tubes containing a series of multiple, parallel flow microchannels layered between the refrigerant manifolds. Coils shall consist of a two-pass arrangement. Coil construction shall consist of aluminum alloys for fins, tubes, and manifolds in combination with a corrosion resistant coating. Tubes shall be cleaned, dehydrated, and sealed. 3. Assembled condenser coils shall be pressure tested at the coil factory at 656 psig and subsequently shall be leak tested at 656 psig. B.Alternate Bid Coils: Aluminum Fins mechanically bonded to seamless copper tubing. Furnish sub-cooling circuits as applicable. Air test under water to 425 psig, and vacuum dehydrate. Seal with holding charge of nitrogen or refrigerant. C.All condenser coils, regardless of type, shall be provided with factory e-coating. 1.E-coated aluminum microchannel coil shall have a flexible epoxy polymer coating uniformly applied to all coil external surface areas without material bridging between fins or louvers. Coating process shall ensure complete coil encapsulation, including all exposed fin edges. E-coat shall have a thickness of 0.8 to 1.2 mil with topcoat having a uniform dry film thickness from 1.0 to 2.0 mil on all external coil surface areas including fin edges. E-coated coils shall have superior hardness characteristics of 2H per ASTM D3363-00 and cross hatch adhesion of 4B-5B per ASTM D3359-02. Impact resistance shall be up to 160 in./lb. (ASTM D2794-93). E-coated coil shall have superior impact resistance with no cracking, chipping, or peeling per NSF/ANSI 51- 2002 Method 10.2. E-coated aluminum microchannel coils shall be capable of withstanding an 8000-hour salt spray test in accordance with the ASTM (American Society for Testing and Materials) (U.S.A.) B-117 Standard. 2.E-coated aluminum-fin coils shall have a flexible epoxy polymer coating uniformly applied to all coil surface areas without material bridging between fins. Coating process shall ensure complete coil encapsulation. Color shall be high gloss black with gloss — 60° of 65 to 90% per ASTM ID523-89. Uniform dry film thickness from 0.8 to 1.2 mil on all surface areas including fin edges. Superior hardness characteristics of 2H per ASTM D3363-92A and cross hatch adhesion of 4B-5B per ASTM D3359-93. Impact resistance shall be up to 160 in./lb (ASTM D2794-93). Humidity and water immersion resistance shall be up to minimum 1000 and 250 hours respectively (ASTM D2247-92 and ASTM D870- 92). Corrosion See Separate Submittals for Al/Cu Option See Separate Submittals for Al/Cu Option Comply Comply Comply DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 LEAF Engineers Pool Unit Replacement at Recreation Center and Natatorium Project No. 220346 City of Pearland, Texas SCROLL WATER CHILLERS AIR-COOLED 23 64 23 - 8 durability shall be confirmed through testing to no less than 3000 hours salt spray per ASTM B117-90. Coil construction shall be aluminum fins mechanically bonded to copper tubes. D.Louvered/Wire Panels: Factory installed louvered steel panels on external condenser coil faces, painted to match unit panels. Factory installed heavy gauge, welded wire-mesh, coated to resist corrosion, around the base of machine to restrict unauthorized access. E.Low Sound Fans: Reduced rpm, vertical direct driven propeller type condenser fans with fan guard on discharge. F.Fan Motors: High efficiency 8-pole low RPM motor, direct drive fan connection, 3 phase power, insulation class “F”, current protected, Totally Enclosed Air-Over (TEAO) with double sealed, permanently lubricated ball bearings. 2.6 SOUND RATINGS A.Noise Rating: Emitted A-Weighted Sound Pressure Level shall not exceed 71 dBA at 30 feet from sides of the unit when measured according to ARI STANDARD 575. B.Acoustic sound compressor blankets and Low Sound Fans shall be provided regardless of if scheduled dBA is met without. 2.7 REFRIGERANT CIRCUIT A.Dual refrigerant circuits with one compressor per circuit. B.Furnish for each refrigerant circuit: 1.Liquid line solenoid valve. 2.Filter dryer (replaceable core type without refrigerant loss or removal). 3.Liquid line sight glass and moisture indicator. 4.Electronic expansion valve. 5.Charging valve. 6.Insulated suction line. 7.Discharge line check valve. 8.Compressor discharge service valve. 9.Pressure relief device. 10.Oil separator. 2.8 CONTROLS A.Factory mounted watertight steel control cabinet containing contactors, power and control wiring with factory wired single point power connection and non-fused disconnect switch with handle extending through face of cabinet. Control cabinet shall include microprocessor-based control system. System shall provide control of chiller operation and monitoring of chiller sensors, actuators, relays, and switches. Control panel shall include LCD display with keypad interface. Display messages shall be plain English. A coded two- or three-character display is unacceptable. B.Control Panel shall be NEC409 and UL508A compliant (high short circuit current rating). C.Chiller manufacturer shall provide a BACnet interface card (gateway) in control panel. Mounting, wiring, programming, and calibration of gateway shall be provided by chiller manufacturer. Chiller supplier shall provide BAS contractor with point list and programming information as needed. Comply Comply Comply Comply Comply DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 LEAF Engineers Pool Unit Replacement at Recreation Center and Natatorium Project No. 220346 City of Pearland, Texas SCROLL WATER CHILLERS AIR-COOLED 23 64 23 - 9 1.A BACnet communication network interface card with building automation system shall enable building automation system operator to remotely control and monitor the chiller from an operator workstation. Control features available, and monitoring points displayed, locally at chiller control panel shall be available through building automation system. D.Gateway shall include the following communication ports: One Ethernet port, one serial port configurable for EIA-232 or EIA-485 and one EIA-485 serial port. E.Gateways that transfer data in proprietary language are not acceptable. F.Gateway shall support open protocol communication for data sharing, alarm and event management, scheduling, trending and device and network management. G.Furnish the following safety control with indicating lights arranged so machine is shut down and requires manual reset. 1.High condenser refrigerant pressure. 2.Low oil pressure. 3.High oil temperature. 4.High motor current. 5.High motor temperature. 6.Low refrigerant (evaporator) pressure. 7.High bearing temperature. H.Furnish the following safety controls. Operating any one control shuts down machine: 1.Low chilled water temperature. 2.Chilled Water Integral flow switches within chiller. Flow proving switches shall be thermal dispersion type (IFM U 40100 or approved equal). Switches shall be U.L. listed, SPDT snap-acting, and pilot duty rated (125 VA minimum). Flow switch shall have relay output, wire break output and temperature output. Flow switch shall be redundant; control contractor to provide flow switch within piping. 3.Loss of an electrical phase. I.Furnish manual machine off-auto switch on control panel and the following manual or menu driven software display. 1.Oil pump switch. 2.Machine selector switch to allow load, unload and hold or automatic operation. 3.Manual Set Point Adjustments: a.Leaving chilled water temperature. b.Current demand limit. 4.Status display: a.Chilled water flow proven. b.Cooling required. 1.Unit running. 2.Unit loading. 3.Unit unloading. 4.Manual reset required. Comply DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 LEAF Engineers Pool Unit Replacement at Recreation Center and Natatorium Project No. 220346 City of Pearland, Texas SCROLL WATER CHILLERS AIR-COOLED 23 64 23 - 10 5.Remote chilled water set point active. 6.Remote current water set point active. 5.Set point and Temperature Display: a.Chilled water set point. b.Current limit set point. c.Entering evaporator water temperature. d.Leaving evaporator water temperature. e.Entering condenser water temperature. f.Leaving condenser water temperature. 6.Dial or Electronic Type Pressure Indicators. a.Evaporator refrigerant pressure. b.Condenser refrigerant pressure. c.Low oil pressure (oil sump). d.High oil pressure (oil supply). J.Furnish the following operating controls: 1.Multi-step chilled water temperature controller to cycle compressor and activate capacity controls, with remote thermostat. 2.Five minute off timer prevents compressor from short cycling. 3.Periodic pump-out-timer to pump down on chilled water flow and high evaporator refrigerant pressure. 4.Solenoid valve between heat recovery condenser and receiver to limit refrigerant level in condenser. 5.Provide low ambient control and high ambient options as required to ensure unit is capable of operation from 0F to 115F ambient. 6.Thermostat to cycle fan motors in response to outdoor ambient temperature. 7.Head pressure switch to cycle fan motors in response to refrigerant condensing pressure. 8.Solid state control to vary speed of one condenser fan motor in response to refrigerant condensing pressure. 9.Load limit thermostat to limit compressor loading on high return water temperature. 10.Three phase monitor to protect unit by stopping compressor on phase loss, phase reversal, phase unbalance, or under voltage. 11.Provide capacity control system capable of reducing unit capacity to 10% of full load. Compressor shall start in unloaded condition. Application of factory installed hot gas bypass on screw compressors shall be acceptable as required to meet specified minimum load. For scroll compressors, hot gas bypass must be provided and sized for minimum compressor loading on one circuit only. No exceptions. 12.Cycle counter and operating hour meter. Comply DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 LEAF Engineers Pool Unit Replacement at Recreation Center and Natatorium Project No. 220346 City of Pearland, Texas SCROLL WATER CHILLERS AIR-COOLED 23 64 23 - 11 2.9 MOTOR STARTER A.For scroll compressors, furnish across-the-line starter, non-recycling compressor overload, starter relay, and factory mounted control power transformer. Furnish manual reset and current overload protection. B.Design starter enclosure for top or bottom electrical cable entry with front access door. Furnish door with interlock to non-fused disconnect switch. Provide clips to accommodate padlock. C.Mount the following devices within enclosure: 1.Non-fused disconnect switch online side with door interlock. 2.Pilot relays to start and stop compressor on signal from chiller control panel. 3.Electronic overload provides overload protection, protects compressor motor from distribution system irregularities, and provides motor current signal to chiller capacity control module. 4.Control power transformer. 5.Fused control circuits for control circuit, oil pump motor, oil heater, and purge control unit. 6.Contactor interlocks for communication between starter and control panel. 7.Capacitors, one for each phase, to correct power factor to minimum 95 percent. 8.Fused disconnect and starter for oil pump-if required. 9.Relay for remote mounted emergency shutdown switch. D.Furnish the following devices on starter door or equivalent on unit control panel display: 1.Starter fault trip indicator and reset. 2.Overload trip indicator and reset. 3.Distribution fault trip indicator and reset. 4.Ground fault trip indicator and reset. 5.Ammeters, one for each phase. 6.Voltmeters, one for each phase. 2.10 CHILLER PERFORMANCE A.Minimum efficiency shall be COP of 2.80 and IPLV of 2.80 per 2001 IECC Supplement Table. 2.11 ELECTRICAL CHARACTERISTICS AND COMPONENTS A.Coordinate voltage with electrical drawings, ensure Overcurrent protective device size and type, and minimum circuit capacity are provided per unit manufacturer's published data. Comply Comply Comply DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 LEAF Engineers Pool Unit Replacement at Recreation Center and Natatorium Project No. 220346 City of Pearland, Texas SCROLL WATER CHILLERS AIR-COOLED 23 64 23 - 12 B.Factory mounted non-fused molded case disconnect switch. C.Single point power connection and grounding lug. D.Provide integral 120V control power transformer. E.Provide all 120V accessory branch circuits indicated on unit manufacturer's wiring diagram, including separate connection for oil heaters. F.Power Factor: 1.Provide equipment with factory installed power factor correction capacitors as required to maintain a power factor of 95% at all load conditions. 2.12 FACTORY CAPACITY TEST A.The chiller manufacturer shall provide the necessary special test equipment and services of a factory trained technician to conduct various capacity tests prior to delivery to the project. Tests shall verify and certify that project equipment is in compliance with the Contract Documents. B.Tests shall be conducted in accordance with ARI Standard 550/590. The five (5) percent capacity allowance specified in the ARI test standard shall not be applied. C.Four (4) copies of the tests and their results shall be submitted to the Engineer for approval within five (5) calendar days from chiller test date. If test results do not demonstrate compliance with the Contract Documents, the project chillers will be tested with required correction procedures until compliance can be certified. D.Conform to UL 1995 code for construction of chillers and furnish UL label. E.Conform to ASME Section VIII for construction and testing of chillers. 2.13 PUMPOUT SYSTEM-IF REQUIRED A.Provide service valves and connections for refrigerant pump-out to remote storage tank using portable condensing unit. Valves are not required if chiller is capable of pumping the entire refrigerant charge into condenser vessel for storage. PART 3 - EXECUTION 3.1 INSTALLATION A.Install chiller on concrete housekeeping pad minimum four (4) inches high and six (6) inches wider than chiller base on each side. Refer to Section 23 05 29 Hangers and Supports for HVAC Piping and Equipment. B.Install units on vibration isolation. Refer to Section 23 05 48 Vibration and Seismic Controls for HVAC Piping and Equipment. C.Maintain manufacturer's recommended clearances for service and maintenance. D.Install chiller accessories furnished loose for field mounting. E.Install electrical devices furnished loose for field mounting. F.Install control wiring between chiller control panel and field mounted control devices. By Contractor Not Applicable Comply Comply DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 LEAF Engineers Pool Unit Replacement at Recreation Center and Natatorium Project No. 220346 City of Pearland, Texas SCROLL WATER CHILLERS AIR-COOLED 23 64 23 - 13 G.Provide for connection of electrical wiring between starter and chiller control panel, oil pump, and purge unit. Refer to Division 26, Electrical. H.Provide the following piping accessories on evaporator chilled water piping connections. 3.1 CONNECTIONS A.Coordinate piping installations and specialty arrangements with schematics on Drawings and with requirements specified in piping systems. B.Install piping from chiller rupture disc to outdoors. Size as recommended by manufacturer. Pipe in accordance with local codes and ASHRAE 15. C.Comply with requirements for piping specified in Section 23 21 13 "Hydronic Piping" and Section 23 23 00 "Refrigerant Piping." Drawings indicate general arrangement of piping, fittings, and specialties. D.Install piping adjacent to chiller to allow service and maintenance. Piping shall be arranged for easy dismantling to permit tube cleaning. Locate shut-off valves to permit removal of piping for access. E.Evaporator Fluid Connections: Connect to evaporator inlet with nipple and flow switch, shutoff valve, Y-strainer, flexible connector, thermometer well for temperature controller, thermometer well and thermometer, and plugged tee with pressure gage. Connect to evaporator outlet with flow switch with DDC interface, shutoff valve, balancing valve, flexible connector, thermometer well and thermometer, thermometer well for temperature controller, plugged tee with shutoff valve and pressure gage, and drain connection with valve. Make connections to chiller with a mechanical coupling manufactured by Victaulic. Refer to Sections 23 05 19 Meters and Gages for HVAC Piping and 23 21 13 Hydronic Piping. F.Provide control wiring between chiller control panel and field mounted control devices. G.Provide connection to electrical service. 3.2 STARTUP SERVICE A.A factory direct authorized service representative shall perform startup service. Chiller startup shall not be performed by contractor. 1.Complete installation and startup checks according to manufacturer's written instructions. 2.Verify that refrigerant charge is sufficient, and chiller has been leak tested. 3.Verify that pumps are installed and functional. 4.Verify that thermometers and gages are installed. 5.Operate chiller for run-in period. 6.Check bearing lubrication and oil levels. 7.Verify that refrigerant pressure relief device is vented outside. 8.Verify proper motor rotation. Comply By Contractor By Contractor DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 LEAF Engineers Pool Unit Replacement at Recreation Center and Natatorium Project No. 220346 City of Pearland, Texas SCROLL WATER CHILLERS AIR-COOLED 23 64 23 - 14 9.Verify static deflection of vibration isolators, including deflection during chiller startup and shutdown. 10.Verify and record performance of fluid flow and low-temperature interlocks for evaporator and condenser. 11.Verify and record performance of chiller protection devices. 12.Test and adjust controls and safeties. Replace damaged or malfunctioning controls and equipment. B.Inspect field-assembled components, equipment installation, and piping and electrical connections for proper assembly, installation, and connection. C.Prepare test and inspection startup reports. 3.2 FIELD QUALITY CONTROL A.Furnish cooling season start-up, winter season shutdown service, for first year of operation. When initial start-up and testing takes place in winter and machines are to remain inoperative, repeat start-up and testing operation at beginning of first cooling season. 3.4 MANUFACTURER'S FIELD SERVICES A.Manufacturer's representative shall certify in writing that installation is in compliance with manufacturer's recommendations. B.Furnish services of factory trained representative for minimum three (3) days to leak test, refrigerant pressure test, and start-up, calibrate controls, and instruct Owner on operation and maintenance. 3.5 DEMONSTRATION AND TRAINING A.Demonstrate system operations and verify specified performance. A functional test of the installed chiller control system shall be performed to demonstrate proper functioning of all interlocks and protective systems specified or otherwise required. This testing shall be conducted in the presence of the Owner's representative and the Engineer. The Contractor shall submit test procedure for approval by the Engineer prior to testing. B.Coordinate testing with Testing and Balancing Contractor. END OF SECTION 23 64 23 Comply Comply Comply Comply DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 1 ADDENDUM TO SUPPLY CONTRACT NO. C0823-22 (the “Addendum”) BETWEEN CARRIER CORPORATION (“Contractor”) AND CITY OF PEARLAND, TEXAS (“City”) Dated: 9/1/23 Job: Natatorium Air Handling Replacement Project We (both Contractor and City) understand and agree that the terms and conditions of this Addendum shall supplement the Supply Contract No. C0823-22 (“Agreement”) between us and that, in the event of a conflict between this Addendum and the Agreement or any other contract documents or pre-printed terms, this Addendum shall prevail. Contractor shall not be bound by any contract documents or other pre-printed terms until these have been provided to and are reviewed by and approved by Contractor. 1) Insurance. Contractor will include City as an additional insured for commercial general liability, automobile liability and employers’ liability policies but strictly with respect to loss to the extent arising out of Contractor’s ongoing work for the additional insured. Contractor will waive its right of subrogation unless any loss, action or claim is caused by the negligence of City. Contractor’s insurance will be primary for the work it performs, unless any loss, action or claim is caused by the negligence of City. Contractor will provide copies of certificates of insurance and blanket policy endorsement prior to commencement of services. Contractor shall notify City of any changes, defaults, cancellations, modifications or other insurance amendments that affect the insurance that Contractor is required to maintain under this Agreement. Contractor provides insurance under a controlled, global master policy program, and these policies are both confidential and proprietary in nature. Thus, Contractor does not provide copies of our policies in whole or in part. In the event of a judicial or legal proceeding regarding the coverage provided under any of Contractor’s required insured policies under this Agreement, only pertinent applicable parts of the policy will be provided as required by law. 2) Force Majeure. In the event Contractor is delayed in manufacturing, shipping or delivery or performance of services by causes beyond the control and without the fault or negligence of Contractor, including but not restricted to acts of God, acts of a public enemy, acts of government, acts of terrorism, fires, floods, epidemics, quarantine restrictions, freight embargoes, supplier delays, strikes, or labor difficulties, Contractor agrees to notify City in writing as soon as practicable of the causes of such delay and Contractor shall further be entitled to an extension of the time equivalent to the duration of any such delay and a reasonable time in which to recover from said delay to resume production. 3) Mutual Waiver of Damages. Under no circumstances shall either party be liable for any incidental, indirect, special, liquidated, or consequential damages, including loss of revenue, loss of use of equipment or facilities, or economic damages, based on strict liability or negligence. 4) Mutual Limitation of Liability. Neither party’s liability to the other party for any reason (except for personal injuries) arising from the Agreement shall exceed the value of the Agreement. IN WITNESS WHEREOF the parties hereto have caused this Addendum to be duly executed as of the date first written above. Carrier Corporation City of Pearland, Texas ___________________________ __________________________ Signature Signature ___________________________ __________________________ Printed Name Printed Name ___________________________ __________________________ Title Title ___________________________ __________________________ Date Date DocuSign Envelope ID: 9EA2CD75-AD77-4176-B08F-6ECED2E32550 John J. Geoghegan CSGM Sep-06-2023 DocuSign Envelope ID: 230380A3-6B32-4F5F-BC12-662198B2F321 Trent Epperson 9/12/2023 | 3:37 PM CDT City Manager