HomeMy WebLinkAbout04009 - CARRIER CORP Kathie Hart
From: Kathie Hart
Sent: Tuesday, March 22, 2016 8:53 AM
To: Staci Schafer;Tabitha Richards
Subject: RE:A40O9-Carrier(for CoGen Plant)
Staci:
Based on your comments, I will close this agreement file. Thank you!
Kathie Hart, MMC
Chief Deputy City Clerk
CALIFORNIA�
City of Palm Springs PP (760) 323-8206
3200 E. Tahquitz Canyon Way z— (760) 322-8332
Palm Springs,CA 92262 G Kathie.Hart@PalmSpringsCA.gov
City Hall is open 8 am to 6 pm, Monday through Thursday,and closed on Fridays.
From: Staci Schafer
Sent: Monday, March 21, 2016 7:33 PM
To: Kathie Hart; Tabitha Richards
Subject: RE: A4009 - Carrier (for CoGen Plant)
Hi Kathie,
We are currently on a PO basis with this vendor for the airport chiller maintenance, but honestly this has not served us
well, as we are now having to do some pretty major repairs due to lack of consistent maintenance. It is my intention to
have the chiller maintenance set up on a contract for the airport and probably a few chillers in other facilities too. Based
on that, I believe this will be a much large scope of work so I will need time to create an RFP with Procurement and get it
prepared for review.
Thanks,
Staci A. Schafer
Director of Maintenance & Facilities
City of Palm Springs
425 N Civic Drive
O. 760-323-8170
F. 760-322-5581
D
Irm
Palm Springs is an inclusive world-class city dedicated to providing excellent and responsive public services to
enhance the quality of life for current and future generations
From: Kathie Hart
Sent: Monday, March 21, 2016 6:26 PM
1
To: Tabitha Richards; Staci Schafer
Subject: A4009 - Carrier(for CoGen Plant)
This agreement expired in 2009.
Are we just doing Purchase Orders?
OK to close?
KAMt
Kathie Hart, MMC
Chief Deputy City Clerk
t.}
x it GAEIFORMIA
t:ke MO akKe ctx:"
City of Palm Springs AP_ (760)323-8206
3200 E. Tahquitz Canyon Way r (760) 322-8332
Palm Springs,CA 92262 Kathie.Hart@Palm5pringsCA.gov
City Hall is open 8 am to 6 pm, Monday through Thursday,and closed on Fridays.
2
Kathie Hart
From: Kathie Hart
Sent: Thursday,June 04, 2015 4:49 PM
To: Mark Jucht;Suzanne Seymour
Cc: Caren Nelson
Subject: A4009-Carrier
Attachments: AEX32 Print.pdf
Hello Everyone!
I'm pretty sure the work has been completed. Just want to double check.
OK to close this agreement file?
Let me know, ok?
Thx!
Kathie Hart, MMC
Chief Deputy City Clerk
l6t;T� '
CALIFORNPA
City of Palm Springs (760)323-8206
3200 E. Tahquitz Canyon Way I` (760) 322-8332
Palm Springs,CA 92262 G Kathie.Hart@Palm5pringsCA.gov
City Hall is open 8 am to 6 pm, Monday through Thursday,and closed on Fridays.
t
Carder Corporation
Licenso#449642
3050 Enterprise Street
Brea,CA 92821
C1i>i:'Il7rir �;ij3KGN�iS'Uft7irnAWdlQxd. Amy Cabral
Phone: (626)926-8659
Fax. (860) 550-0058
January 6, 2009
Palm Springs Airport
3400 E. Tahquitz Canyon
Palm Springs, CA 92262
Attn: Craig Toms
I
Subject: Sandblast and Epoxy Trane and York Chillers, Eddy Current Chillers (Rev 3)
Dear Craig:
Carrier Corporation is pleased to present the following proposal to provide necessary equipment,
labor, and on-site project management to complete the detailed scope of work as listed below:
Eddy Current both chillers(York and Trane):
Report to customer
Perform Eddy Current on chillers
Test system
Clcan work area
Advise customer
I
Carrier's price to perform the above scopes of work: $5.236.00,
"Note:This scope must be completed prior to the sandblast and epoxy taking place.
Protective Epoxy on York.
Report to customer
Remove marine water box
Remove heads
Blow tubes dry
"Vacublast"condenser tubesheets, heads and waterbox to clean metal condition
Apply epoxy
Clean tube holes, bolt holes
Rough up gasket surface to prevent slippage
Test system
Clean work area
Advise customer
Protective 6poxv on Trane
Report to customer
Remove heads
Blow tubes dry
Wacublast"condenser tubesheets and heads to clean metal condition
Apply epoxy
Clean tube holes, bolt holes
Rough up gasket surface to prevent slippage
Test system
Olean work area
Advise customer
Carrier's price to perform the above scopes of work: $28,468.00.
Exclusions:
✓ Proposal does not include replacement of any part not specifically outlined in this proposal.
✓ Exclusions are, but not limited to the following parts, seals, impellers,castings, buffer seals,orifice
plates, automatic valves, rupture discs, motor, temperature sensors,cooler and condenser tubes, rotor,
vane paddles,vane motor, bearings (except as quoted).
✓ Asbestos removal or abatement
✓ Scope of work not explicitly listed as included in this proposal.
✓ Preexisting site conditions.
✓ Overtime
✓ Refrigerant
✓ Oil, Oil change
I
j
i
I
PRICING:
Carrier's total price to provide and install all materials and services outlined in this proposal
based straight time--including all taxes, labor,standard freight, disposal of non-hazardous
material. Price is valid for 30 days from date located at top of this proposal.
PREPAYMENT OPTION:
Should you choose to prepay the above amount in full, a pre-payment discount
will be provided. The amount will be determined predicated on the total amount.
PARKING, LOADING DOCK AND ELEVATOR ACCESS:
Carderwill require a parking and staging area. Furthermore, Carrierwili require uninterrupted
access to the building. This area will be determined and coordinated with building management,
All of us at Carrier look forward to working with you towards a brighter, more reliable, and
efficient future. If I may be of any assistance, please feel free to contact me at (626) 926 -
8669, by fax at(860) 660 - 0068- Your active consideration of Carrier Corporation is greatly
appreciated.
Sincerely, Not TO EXceuc; Z; 7��
Carrier Corporation I i.hout The Expfess 'Nrit4er,
AuthorizaUcn 01 a rye Cody
Amy Cabral Manager,
Account Executive
Customer Signature - � Dat =r ^�e5 o
City M ger
APPROVED B-Y(Clil'CnOUNGIIL
ATTEST:
By.
City ClerkZ+120f0�
i
r,C5, y,
ENVIRONMENTAL, HEALTH AND SAFETY
CARRIER is committed to conducting its operations in compliance with all environmental regulations and to
providing a safe and healthful workplace for all of its employees. Our environmental, health and safety goals
include preventing incidents that harm the environment, accidental injury to our employees and visitors, and/or
exposure to harmful chemical or physical agents, Our goals also include the elimination of accident's that cause
property loss, environmental damage, or result in the interruption to our business. To achieve these goals,
environmental and safety rules and procedures will be enforced equally with production, quality, cost and ethical
standards. Our objective is to provide quality products and services while actively conserving our human and
natural resources. CARRIER firmly believes that all accidents and undesirable environmental incidents are
preventable. Furthermore, everyjob can,and will, be done safely and in an environmentally-sound manner.
Realization of these goals and objectives will demand maximum effort from every employee.
CARRIER's EH&S GOALS:
A, Create and maintain"Safety Awareness". Safety is everyone's responsibility,therefore make safety an
integral part of every service job-
B. Strive to maintain a hazard-free work environment by requiring everyone to provide special attention
to the equipment, processes and procedures utilized in the performance of our work.
C. Provide for the safeguarding of our employees while improving the effectiveness of our quality
assurance and customer satisfaction programs.
D. Ensure compliance with applicable standards, regulations and codes established by local, state and
federal agencies(re:OSHA).
E. Utilize safety and health training, positive reinforcement techniques, identification, evaluation and
correction of hazards and unsafe work procedures and performance to achieve regulatory
compliance.
F. Significant reduction in lost-time injuries, reportable accidents with the long range goal of no lost-
time injuries and no recordable accidents.
G. Active participation by all CARRIER employees in applicable aspects of the safety program.
H. Provide CARRIER service operations with effective training based on both OSHA and CARRIER
Safety Standards in the recognition, evaluation and control of hazards and dangerous work
procedures and performances.
I. Establish safety kits to provide proper personal protective equipment for the assigned tasks.
J. Establishment of procedures for natural disasters, fire and emergency situations, including safe
locations, exit routes, methods for accounting for employees in natural disasters.
K Achieve and ensure the implementation of the safety program with the performance of safety, health
and record-keeping audits by representatives of CARRIER's Safety Committee, and if necessary,
enforcement through an accepted,written, adequately communicated disciplinary program.
L Baseline plot of equipment under current standard conditions.
i
i
I
CARRIER CORPORATION
TERMS AND CONDITIONS OF SALE-SERVICE(rev,4/WO5)
C PAYMENT AND TAXES-Payment shall be made 1.25%101nat 30 days from dale of invoice Censer rrNCrves the Dart io require Cash payment or other
alternative method of payment prior to completion of work if Carrier determines in its sole discretion,that Customer or Customers 2ss10110e's financial condition at
anytime does notjustify,Cominuancc of the net 30 days payment term. In addition to the Agreement price,the Customer shall pay Carrier any applicable taxes or
government charges that may be required in connection With the service]or material Furnished under this Agreement.
2. WORKING HOURS-All servlcee performed under this Agreement Including major repairs, are to be provided during Camlers normal working boors unless
otherwise agreed.
3. ADDITIONAL SERVICE-Services or parts requested by Customer In addition to those specified in this Agreement will he provided upon receipt of Customers
written authorization and involved at Carders prevailing labor rates and part-;charges.Additional services or parts shall be supplied under the terms of this
Agreement,
1. EXCLUSIONS-Carrier is rot responsible for Items not normally subject to mechanical maintenance including but not limited 10;duct work,casings,cabinet-°
FlMures,structural supporth,grillage,water piping steam piping,drain piping,cooling tower fill boiler tubes,boiler nefiaclory,disconnect 3wmtdhes and circuit
breakers.Career is not responsible for repairs,replacements,altemtons additions adjustments,repairs by others,unscheduled calls or emergency calls any Of
which may be❑accetIlated by nogdgenf operation,abuse,misuse,prior Improper maintenance,vandalism,Obsolescence,building system design,damage due to
freezing weather,chamicailelachochernical attack,corrosion,emsion,deterloration due to unusual weer and tray,any damage related to the presence of mold,
fungi,mildew,or bacteria,damage mused by power reductions Or failures at any other reuse beyond Carriers control.
Carrier Is not responsible for the Identification,detection,abatement,encapsulabng or removal of asbestos,products Or materials containing asbestos,
similar hazardous subslences,or mold,fungi,mildew,or bacteria. In the event that Carrier encounters any asbestos product or any hazardous material in
the Course of penarming Its work,Carrier may suspend its work and remove its employees From the project.until such product or material,and any hazards
connected with It are abated, Carder shall receive an extension of beta to complete its work and compensation for delays encountered as a result of such
siluatian and Its correction.
Cagier 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,stale,municipal or other authority However,in the ovem any such recommendations occur,Carrier,at its option may submit a
proposal for Customer's consideration in addition to this Agreement. Carder shall not be required to repair or replace cqulpmentthat has not boon properly
maintained.
5- WARRANTY-Carrier warrants that all service provided under thin Agreement shall be performed in a workmanlike manner. Carrier also warrants all Canier parts
or components supplied hereunder to be free from detects in material and workmanship.For parts Or components determined 10 be defective within one year from
date of installation W before the termination date of this Agreement,whichever Is earlier,and In the case of Service,delennined to he derectne within ninety(SO)
r days of completion of that seNim,Carrier shall at its option repair,Mptace,or issue a credit,for any such parts,components or service,provided they were not
damaged,abused,oraffected hychemicatpropedias Carrier shall not be liable for repairs required as a consequence Otfsulty installation by persons othcfthan
Carrier, misapplication, abuse, improper servicing, unauthorized allemhon ar Improper operation by persons other than Carder. Any claim for detective
workmanship must be pmvidud to Carrier in writing. THiy_!U! R TY IS IN LIEU OF A.l I.OTHER WARRANTIES EXPRESS IMPLI OR STATUTORY
INCLUDING THE IM r IFD WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ,PARTICUI. PURPOSE.Career's obligations to repair,replace,or
m issue creditfor any defective parts,components or service shall he Customers exclusive remedy.
G. PROPRIETARY RIGHTS-During the ton of this Agreement and in combination with certain services,Carder may elect to Install,attach to Customer equipment,
or provide portable devices(hardrY.afe andler Sollwafe)that Shall remain the personal proprietary property Of Carrier. No devices Installed,attached to real
property or portable devlce(s)shall become a fixture Of the Customer locations. Customer shall not acquire any Interest,90e or equity in any hardware,software,
processes,and other intellectual Or proprietary fights to devices that are used In connection with providing service on Customer equipment.
7. DELAYS-Delays caused by conditions beyond the reasonable,control of either party shall not be the liability of either party to this Agreement,
S. CUSTOMER RESPONSIBILMES-Customer shall;
• Provldesafe and reasonable oqulpment access and a safe worn envlronmenL
• Permit access to Customers site,and use of building Services Including but not limited to;water.Nevators,receiving dock faclltlae.electrical aennoic and
local telephone service.
• Keep areas adjacent to equipment free of extraneous material,move any stock,fixturcs,welts or partitions that may be necessary to perform the specified
service.
• prompify notify Carder of any unusual Operating conditions
• Upon agreement Of a timely mutual schedule allow Carrier to stop and start equipment necessary to perform servlcc.
• Provlda adequate water baahnen.
• Provide the daily routne equipment opemtlon(ff not pan of this Agreement)Including availability of routine equipment log readings.
Where Lamers remote monitoring service IS provided,provide and maintain a telephone line with tong distance direct Olat and answer capability
• Operate the equipment proporly and in accordance with instructions.
Promptly address any Issues that adse related to mold,fungi,mildew or bacteria
9. EQUIPMENT CONDITION&RECOMMENDED SERVICE Upon the Initial scheduled operating andlor 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 Cartier recommends certain services(that are not included herein or upon initial Inspection)and If Customer does not elect to have such servion
property performed in a timely fashion,Carrier sn20 not be responsible for any equipment or control failures.Operebility or any long-term damage that may result.
Carter at its option will either continue to maintain equipment and/or controls to the best of its ability wn0oul any responsibility,or remove Such equipment from
this Agreement,adjustNg the price accordingly.
10, CUSTOMER TERMINATION-Customer shall have the right to terminate this Agreement for Carders non-pedormance provided Carrier falls to Cure such non-
performance within 30 days after having been given prior written notlee of the non-performance Upon early temllnation or expiration of this Agmoment,Cartier
shall have tree access to enter Customer locations to disconnect and remove any Cartier personal proprietary property or devices as well as remove any and all
Carder owned parts,loOls and personal property Additionally,Customer agrees to pay Carrier for all incurred but unamortized sbrvke costs performed by Gamer
including overheads and a reasonable pront
11, CARRIER TERMINATION-Carrier reserves the right to discontinue its seNke any uma payments have not been made as agreed of It alterations,additions or
Details are made to equipment during the term of this Agreement by others without prior agreement between Customer and Carrier.
12. LIMITATION OF LIABILITY-Under no circumstances shall Center be hold sable for any incidental,special or consoquential damages,including toss of revenue,
Toss of use of equipment or facilities,or ecenomic damages based an Strict liability or negligence.Carrier shall be liable for damage to property,ether Nan the
equipment provided under this Agreement,and to persona,to the=ant that Garners neglige.nl acts or omissions directly contributed to Such Inlay or property
damag0. Gamey 5 maximum ImbIBy,for any Mason(except for personal injures)shall consist of the refunding of all moneys paid by Customer to Carter Under
this Agreement
13 WASTE DISPOSAL-Customer is wholly responGINC for the removal and pmper disposal of waste oil refrigerant and any other material generated dunmg the
term of this Agreement
14, CLAIMS-Any Suits ageing from She performance or non-perlornance of flits Agreement,whether based upon contract,negligence,strict liability or othOnNse,
shall be brought whthm one(1)year from the date the claim arose.
10. GOVERNMENT PROCUREMENTS-Carrier offers standard Commercial Items that may not comply,with Government specifications. Carrier does not comply
With the Cost Accounting Standards(CAS)or wlth the Federal Arquiston Regulations(FAR).excerpt for FAR Pan 12, In no event shall Carder provide any Cost
or Pricing Data in connection with this Agreement of subsequent modifications
IIi, SUPERSEDURE,ASSIGNMENT and MODIFICATION.This Agreement Contains the complete and exclusive statement of the agreement between the parley
and supersedes all previous or contemporaneous,oral Or Written,statements. Customer may assign this Agreement only with Carriers prior written consent No
modlfloe ion to this Agreement shall be binding unless in writing and signed by both faNas
Carrier Corporation
CoGen Maintenance
Agreement A4009, Amend 1
MO 7524, 07-21-04
FIRST AMENDMENT TO AGREEMENT NO. 4009
WITH CARRIER CORPORATION
This FIRST AMENDMENT ("First Amendment") is made and entered into this day
of �oodo , 2M4, by and between the CITY OF PALM SPRINGS, a
municipal corporation ("City") and CARRIER CORPORATION ("Contractor").
RECITALS
WHEREAS, on or about July 29, 1998 City and Contractor entered into the
"Maintenance Services for HVAC Building Systems" ("Agreement"), pursuant to which
Contractor agreed, for a term of five years, to maintain the City's three (3) air
conditioning systems.
WHEREAS, at this time, the parties desire to extend the Agreement for an
additional five-year term and to add an additional air conditioning unit to the contract.
AGREEMENT
WHEREAS, the recitals contained above are incorporated herein by reference and
the Agreement is hereby amended as follows:
SECTION 2.1 "Contract Sum" is hereby amended to read as follows:
Contract Sum. For the services rendered pursuant to this
Agreement, the Contractor shall be compensated in accordance
with the "Schedule of Compensation" attached hereto as Exhibit
"C" and incorporated herein by this reference, but not exceeding
the maximum contract amount of One Hundred Forty Thousand
Dollars ($140,000) (herein "Contract Sum"), except as provided in
Section 1.8. The method of compensation shall be as set forth on
Exhibit "C". Compensation shall not include reimbursement for
expenses."
SECTION 3.4 "Term" is amended to read as follows:
Term. Unless earlier terminated in accordance with Section 7.8 of
this Agreement, this Agreement shall continue in full force and
effect until completion of the services but not exceeding five (5)
years from the date hereof, except as otherwise provided in the
Schedule of Performance."
EXHIBIT "C" is amended to read as follows:
,a;lrD) ��'�OT
1 003/001/3 2 862.01 Page t. of 3
.i
i
i
i
i
I
"Contractor shall provide the services set forth in this Agreement
and shall be paid for such services by the City as follows:
(1) Cost per year to maintain the Municipal Cogan Plant
i absorption chiller model Carrier 1SJ8036: Contract# (883A11316)
$7,560 payable at$630.00 per month
(2) Cost per year to maintain the Sunrise Plant Cogan absorption
chiller model Carrier 16JB018: Contract# (883A11317)
$6,288 payable at$524.00 per month
(3) Cost per year to maintain the two (2) centrifugal chillers at the
airport models Trane CVHE036FAN61-U3CJZ99N 1 and York I
YTG1A3C1-CJHS: Contract# (883A11318)
$12,462 payable at$1,038.50 per month
For a total first year cost of $ 26,310.00 starting July 1, 2005, and annually
thereafter, all contract pricing shall increase by the annual average Los Angeles
County/Riverside County Consumer Price Index, or three percent (3%), whichever is
less."
EXHIBIT"D" shall be amended to add the attached Exhibit "1".
Except as expressly provided herein, all other terms and conditions of the
Agreement shall remain in full force and effect.
1003100IA2962.01 Page 2 of 3
i
i
I IN WITNESS WHEREOF, the parties hereto executed this First Amendment to be
effective as of the Date first written above.
'• CITY OF PALM SPRINGS,
A municipal corporation
City Mang`
ATTEST: Carrier Corporation
Gity Cleric Name: ,
/�� Title: P'vr' ✓rS Oki
APPROVED �{p FORM:
By: �l���/ APPROVED BY CITY COUKIL
City Auomey rno 16�1� 1
1003/00113290.01 Page 3 of 3
State of California )
P ss.
County of%weraide )
7{ - V1 G��
t7n a � before me,
Date Name and Ti lc of Officer
personally appeared
Name(s)of Signer(O
nal4y-known-to-mc
proved to me on the basis of satisfactory evidence
YOGESH B.DESAI to be the person(f)whose name
p (p)is/are subscribed to the
Commission#15B21 hB z within instrument and acknowledged to me that
3 "r�a Notary Publln-Calltomta >
` n e Los Mgoies county he/she/they executed the same in hisRterLf}i®ix authorized
u'My Comm.Expires Jun 10,2009J capaeity(ie5),and that byhis/her/theirsignatures(S)on the
instrument the person(s), or the entity upon behalf of
which the person(?)acted,executed the instrument-
7SS my wand official seal
p/
Signature ofNotary Public
I
i09/22/2005 11:06 9098608912 CRAIG MACKEY PAGE 02
Carrier Corporation
i Building Syste4118&SerViCes
Craig Mackey
oiw hutr�[rirlgxurs uJ'sirwuurkm, 179M E.Ajax Circla
City of Industry,CA 91748-1133
'CUSTOMER SATISFACTION,OUR FIRST PRIORITY" CCeH(626926-6118ta
Fax(860)998-9Mg
I September 22, 2005 Craig-mackey@carrW,utc-corn
i City of Palm Springs
Jan Anderson
425 North Civic Center Drive
Palm Springs, CA 92263-2743
Subject: Maintenance contract 883A11316, 883A11317 &883A11318
Your service agreement with Carrier Building Services has reached its renewal date. In
accordance with terms and conditions of the Agreement, the pricing will be increased 3%,
which is less than the annual average Los Angeles, Riverside, and orange County Consumer
Price Index of 4%.
The contract pricing is as follows for each facility:
• Municipal Cogen Facility contract#883A11316 ...................... $7,787.00
• Sunrise Cogen Facility contract# 883A11317 ......................... $6,477-00
• Palm Springs Airport contract#883A11318 ........................... $12,836.00
Total annual contract price ........................................................... $27,100.00
Your business is most appreciated and we look forward to Continuing to serve your
maintenance requirements. Should you have any questions, please contact me at
626-926-6116.
Please sign below to acknowledge agreement and acceptance of this contract continuation
and return for our records by fax at(860) 998-9004 or by mail.
Respectfully submitted,
AlV
Craig Mackey
Account Manager
Carrier Corporation
ACCEPTED BY: DATE:
TITLE: P.O.#:
hdW
Carrier Commercial Services
.`"`'. Donald Eddy
e`_ •s;, 17900 E.Ajax Circle
sy City of Industry,CA 91748-1133
One hundrere d y years of innovation. Office( (626) 6-688133
Cell(626)926-6881
Kax(626)435-3066
June 9,2003
City of Palm Springs
Jan Anderson
425 N Civic Center Dr.
Palm Springs,CA 92263-2743
Subject: Maintenance contract 883AI1316, 883AI1317, 883AI1318
Your service agreement with Carrier Building Services has reached its renewal date. The new
I contract term will run for a period of 5 years from July, 12003 to June,30 2008. In accordance
with terms and conditions of the Agreement,the following pricing information is effective July,
12003 through June,30 2005. Starting on June, 30 2005 and annually thereafter the contract
pricing will increase by the annual average Los Angeles,Riverside,Orange County Consumer
Price Index or 3% which ever is less
j This amendment is a part of your original Service Agreement with Carrier and should remain in
your files and all previous terms and conditions will remain the same. Please note the contract
investment for each facility has been increased by 5%. Carrier has not increased the contract
r price in 5 years and this increase is due to our increased costs for labor and materials.
t The contract pricing is as follows for each facility:
❑ Municipal Cogen facility contract#883AI 1316 .........................$7,560.00
❑ Sunrise Cogen facility contract#883AI1317 ............................$6,288.00
❑ Palm Springs Airport contract#883AI 1318 priced with the addition of the York
chiller at the airport.Please see attached sheets for the addition of the York chiller at
the airport. These sheets would be added to you contract
files................................................................................$12,462.00
❑ Total yearly contract price .................................................$26,310.00
❑ Your hourly cost for additional repair work on these contracts will be$95.00/Hr
Your business is most appreciated and we look forward to continuing to serve your
maintenance requirements. Should you have any questions,please contact me at 626-435-3033.
Please sign below to acknowledge agreement and acceptance of this contract continuation and
return for our records by fax at(626)435-3066 or by mail.
Respectfully submitted,
E"/'tDonald Eddy
Service Supervisor
Carrier Corporation
ACCEPTED BY: DATE;
TITLE: P.O.#:
EQUIPMENT/CONTROLS DEVICE LIST
Item: Centrifugal(open drv) -single camp, low press
Quantity: IYTG1A3CI-CJHS, COMPRESSORYDTJ-85
SERVICE AGREEMENT SUMMARY
i
Item: Centrifugal(open drv) -single comp, low press
Quantity: I YTGIA3C1-CJHS, COMPRESSORYDTJ-85
Serial Number(s): GNGM23760
Frequency:
Tasks Year I Year 2 Year 3 Year 4 Year 5
Annual Maintenance I 1 1 1 I
Routine Operating Inspection 3 3 3 3 3
i
l TASK ACTJON LIST
Item: Centrifugal(open drv)-single comp, low press
Quantity: I
Serial Number(s): GNGM23760
Frequency:
Task and Actions Year I Year 2 Year 3 Year 4 Year 5
Annual Maintenance I 1 I 1 I
REPORT TO CUSTOMER UPON ARRIVAL x x x x x
CHECK/CLEAN PURGE SYSTEM x x x x x
LEAK TEST ENTIRE UNIT x x x x x
CALIBRATE OPERATING CONTROLS x x x x x
INSPECT CONTACTORS x x x x x
TIGHTEN ELECTRICAL CONNECTIONS x x x x x
CHECK STARTER WIRING AND CONTACTS x x x x x
CHECK GAUGES/INDICATOR LIGHTS x x x x x
CALIBRATE MOTOR AMPS&VOLTS x x x x x
RECORDNERIFY CONFIGURATIONS x x x x x
RECORD SOFTWARE VERSION(S) x x x x x
CALIBRATE FLOW SWITCHES/DEVICES x x x x x
REVIEW AND EVALUATE LOG READINGS x x x x x
REPLACE OIL FILTER x x x x x
CALIBRATE CONTROLS x x x x x
REPLACE OIL RECLAIM FILTER/STRAINER(ifapplicable) x x x x x
CLEAN UP WORK STATION x x x x x
REPORT TO CUSTOMER ON DEPARTURE,ADVISE x x x x x
BRUSH CONDENSER TUBES x x x x x
• REMOVE OIL SAMPLE FOR ANALYSIS x x x x x
CHANGE COMPRESSOR OIL x x x x x
• MEGGER COMPRESSOR MOTOR x x x x x
Frequency:
Task and Actions Year I Year 2 Year 3 Year 4 Year 5 _
Routine Operating Inspection 3 3 3 3 3
REPORT TO CUSTOMER UPON ARRIVAL x x x x x
CHECK GENERAL MACHINE OPERATION x x x x x
CHECK CONTROL,POWER AND PIPING x x x x x
CHECK SAFETY/OPERATING CONTROLS x x x x x
CHECK REFRIGERANT CHARGE x x x x x
CHECK STARTER WIRING AND CONTACTS x x x x x
CHECK GAUGES/INDICATOR LIGHTS x x x x x
CHECK WATER FLOW x x x x x
LOG CH WBRINE IN TEMPERATURE x x x x x
LOG CHWBRINE OUT TEMPERATURE x x x x x
LOG CHWBR.INE FLOW DELTA P x x x x x
LOG CHW/BRINE PUMP DELTA P x x x x x
LOG COOLER REFRIGERANT TEMPERATURE x x x x x
LOG COOLER REFRIGERANT PRESSURE x x x x x
LOG COOLER LTD x x x x x
LOG CONDENSER WATER TEMP-IN x x x x x
LOG CONDENSER WATER TEMP-OUT x x x x x
LOG CONDENSER REFRIGERANT TEMP x x x x x
LOG CONDENSER REFRIGERANT PRESSURE x x x x x
LOG CONDENSER LTD x x x x x
LOG COND SUBCOOLER TENT(if applicable) x x x x x
LOG OIL LEVEL AND COLOR x x x x x
LOG OIL PUMP CURRENT x x x x x
LOG OIL SUPPLY PRESSURE x x x x x
LOG OIL SUMP TEMPERATURE x x x x x
CHECK PURGE OPERATION x x x x x
CHECK APPROACHES THROUGH CALCULATION x x x x x
CHECK FOR LEAKS x x x x x
LUBRICATE AS NEEDED x x x x x
MAKE EQUIPMENT ADJUSTMENTS AS REQUIRED x x x x x
MAKE OPERATION/CONTROL ADJUSTMENTS A/R x x x x x
CLEAN UP WORK STATION x x x x x
REPORT TO CUST,ADVISE&OBTAIN SIGNATURE x x x x x
SCOPE OF SERVICE
PREVENTATIVE MAINTENANCE:
ROUTINE OPERATING INSPECTION(S)
Each Routine Operatine Inspection is to consist of the task-actions listed herein for each
equipment type and to be performed at the frequency listed.
ANNUAL PREVENTIVE MAINTENANCE
Each Annual Preventive Maintenance is to consist of pre-scheduled recurring preventive maintenance
actions which are to be performed on a yearly interval determined by equipment operating hours that
may be recommended by each equipment manufacturer.These annual tasks are designed to prepare the
equipment for prime operating condition so that the equipment will operate effectively, reliably, and
efficiently during the peak demand months.
SCOPE OF SERVICE
GENERAL SERVICES:
FILTER CHANGES
Filters will be cleaned and/or replaced (as necessary) at the intervals indicated on the SERVICE
AGREEMENT for each applicable equipment. In the event the filter material or cleaning requires
different frequencies than indicated (due to experience or changes in operating conditions),
recommendations will be made for CUSTOMER'S approval to adjust the frequencies and any
associated price.
TUBE BRUSHING
Internal Tube Brushing and visual tube inspection of the heat exchanger water side tubes are to be
performed at the intervals indicated on the applicable SERVICE AGREEMENT. Tube Brushing
j and inspection includes the peat exchanger Head Removal and Replacement by CARRIER only if
j indicated on the SERVICE AGREEMENT.
i
I
ENVIRONMENTAL,HEALTH AND SAFETY
i CARRIER is committed to conducting its operations in compliance with all environmental
i regulations and to providing a safe and healthful workplace for all of its employees. Our
environmental, health and safety goals include preventing incidents that harm the environment,
accidental injury to our employees and visitors, and/or exposure to harmful chemical or physical
i agents. Our goals also include the elimination of accidents that cause property loss, environmental
damage, or result in the interruption to our business. To achieve these goals, environmental and
safety rules and procedures will be enforced equally with production, quality, cost and ethical
standards. Our objective is to provide quality products and services while actively conserving our
human and natural resources. CARRIER firmly believes that all accidents and undesirable
i environmental incidents are preventable. Furthermore, every job can, and will, be done safely and
in an environmentally-sound manner. Realization of these goals and objectives will demand
maximum effort from every employee.
CARRIER's EII&S GOALS:
A. Create and maintain"Safety Awareness". Safety is everyone's responsibility, therefore
make safety an integral part of every service job.
B. Strive to maintain a hazard-free work environment by requiring everyone to provide
special attention to the equipment, processes and procedures utilized in the
performance of our work.
C. Provide for the safeguarding of our employees while improving the effectiveness of
our quality assurance and customer satisfaction programs.
D. Ensure compliance with applicable standards, regulations and codes established by
local,state and federal agencies(re:OSHA).
E. Utilize safety and health training, positive reinforcement techniques, identification,
evaluation and correction of hazards and unsafe work procedures and performance to
achieve regulatory compliance.
F. Significant reduction in lost-time injuries, reportable accidents with the long range
goal of no lost-time injuries and no recordable accidents.
G. Active participation by all CARRIER employees in applicable aspects of the safety
program.
H. Provide CARRIER service operations with effective training based on both OSHA and
CARRIER Safety Standards in the recognition, evaluation and control of hazards and
dangerous work procedures and performances.
I. Establish safety kits to provide proper personal protective equipment for the assigned
tasks. `
J. Establishment of procedures for natural disasters, fire and emergency situations,
including safe locations, exit routes, methods for accounting for employees in natural
disasters.
4
K. Achieve and ensure the implementation of the safety program with the performance of
safety, health and record-keeping audits by representatives of CARRIEWs Safety
Committee, and if necessary, enforcement through an accepted, written, adequately
communicated disciplinary program.
L. Baseline'plot of equipment under current standard conditions.
I
i
i
i
i
i
I
r ALAj
A
M E M ® R A N D U M
n1o2ffrtS£ryry"
TO: Jan Anderson, Supervisor
1 Facilities
FROM: Kathie Hart
Chief Deputy City Clerk
DATE: March 6, 2006
SUBJECT: Carrier Corporation —Amend 1 to A4009
(CoGen Maintenance Services)
cc: File
Attached is a duplicate original for your records and/or distribution. We have retain the original
for our records.
Please feel free to contact our office if there are any concerns.
i
/kdh
Attachment
•I
CONTRACT ABSTRACT
Contract
Company Name: Carrier Corporation
Company Contact: Gerald W. McCarthy
Summary of Services: Maintenance Services for HVAC Building Systems
Contract Price: $140,000
Funding Source: 520-5641-43240
Contract Term: Five Years
Contract Administration
Lead Department: Public Works &Engineering
Contract Administrator: David Barakian/Jan Anderson
Contract Approvals
Council/ Ity
Agency Approval Date: July 21, 2004
Minute Order : 7524 n
Agreement Number: 4009
I
Contract Compliance
Exhibits:
Signatures:
Insurance: l(]"
Bonds:
n
Contract prepared by: � (,q
Submitted on: By:
MINUTE ORDER NO. 7524 '
APPROVING AMENDMENT NO. 1 TO A4009
WITH CARRIER BUILDING SERVICES FOR
HVAC BUILDING SYSTEMS FOR THE
MUNICIPAL AND SUNRISE COGENERATION
PLANTS AND THE PALM SPRINGS
INTERNATIONAL AIRPORT FOR A PERIOD OF
FIVE (5) YEARS, IN AN AMOUNT NOT TO
EXCEED $140,000, PURSUANT TO THE TERMS
AND CONDITIONS SET FORTH IN THE
AGREEMENT AS STIPULATED IN EXHIBITS "A",
"B", "C"AND"ID" RESPECTIVELY. A04009
I
j I HEREBY CERTIFY that this Minute Order, approving Amendment 1 to
A4009 with Carrier Building Services for maintenance services for HVAC
building systems for the Municipal and Sunrise Cogeneration Plants and the
Palm Springs International Airport for a period of five (5) years, in an amount
not to exceed $140,000, pursuant to the terms and conditions set forth in the
Agreement as stipulated in Exhibits "A", "B", "C" and "D" respectively, was
adapted by the City Council of the City of Palm Springs, California, in a
meeting thereof held on the 21st day of July, 2004.
(:::�i , -- J--D I
PATRICIA A. SANDERS
City Clerk
FILE COPY
CERTIFICATION
RESOLVED, That the President of the Corporation be and he hereby is authorized to sign,
execute and have executed all agreements, assignments, transf6rs, instruments, documents,
guaranties, checks, notes, drafts, deeds, mortgages and obligations of every kind and
description for and on behalf of the Corporation, without restriction or limitation; and
FURTHER RESOLVED, That the President be and he hereby is authorized to delegate
signing authority under this resolution, through the Chief Operating Officer, when applicable,
to officers, employees, counsel and others representing or acting for or on behalf of the
Corporation; and
FURTHER RESOLVED, That the authority granted under this resolution shall continue until
rescinded or revised by the Board of Directors of the Corporation.
I, DEBORAH J. HALL, Assistant Secretary of Carrier Corporation, a Delaware
Corporation, certify that the foregoing resolutions were passed by unanimous consent of all
the Directors of the Corporation; that said resolutions are in full force and effect; and I further
certify that the President, Geraud Darnis, has authorized and delegated authority to Robert E.
Galli, Vice President and General Counsel, and Secretary to sign, execute and have executed
obligations of every kind and description on behalf of the Corporation and also received
I authority to further delegate.
I further certify that Charles D. Gill as Vice President and General Counsel, and
I Secretary has authorized and delegated authority to Stephen C. Bulloa, the authority to sign,
execute and have executed on behalf of the Corporation, with the authority to further delegate
I this authority, equipment bids, proposals and contracts in the normal course of business
valued at no more that $10,000,000.00.
I further certify that Stephen C. Bullock has authorized and delegated authority to
Stephen Wlodarski, the authority to sign, execute and have executed on behalf of the
Corporation, all form of bids, proposals and contracts in the normal course of business for the
sale of goods and services that are valued at no more than $500,000.00 and also received
! authority to farther delegate.
i
I further certify that Stephen Wlodarski has authorized and delegated authority to
Gerald McCarthy, Service Supervisor, City of Industry, CA of the Corporation's Commercial
Systems and Services Division, the authority to execute an Amendment to Agreement No.
4009 with the City of Palm Springs for a five year HVAC Maintenance Services on three (3)
air conditioning systems valued at no more than $200,000.00.
i
Dated as of February 2, 2006
1 ;i1-11u /1.I.li?
ec, t1 a9010
aCi ,r, I DeborahJ. Hall
,9 �,1- „ Assistant Secretary
Carrier Corporation
Cogeneration Chillers
AGREEMENT #4009
— M06212, 7-29-98
CITY OF PALM SPRINGS
CONTRACT SERVICES AGREEMENT FOR
THIS CONTRACT SERVICES AGREEMENT(herein "Agreement"), is made and entered into this
29 day of July , 1998 , by and between the CITY OF PALM SPRINGS, a municipal corporation, (herein
"City") and CARRIER CORPORATION, (herein "Contractor"). (The term Contractor includes professionals
performing in a consulting capacity.) The parties hereto agree as follows:
1.0 SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the
Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and
incorporated herein by this reference, which services may be referred to herein as the "services" or "work"
hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants
that Contractor is a provider of first class work and services and Contractor is experienced in performing the work
and services contemplated herein and, in light of such slams and experience, Contractor covenants that it shall
follow the highest professional standards in performing the work and services required hereunder and that all
materials will be of good quality,fit for the purpose intended. For purposes of this Agreement, the phrase"highest
professional standards" shall mean those standards of practice recognized by one or more first-class firms
performing similar work under similar circumstances.
1.2 Contractor's Proposal. The Scope of Service shall include the Contractor's proposal or
bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any
inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance
with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local
governmental agency having jurisdiction in effect at the time service is rendered.
1.4 Licenses, Permits. Fees and Assessments. Contractor shall obtain at its sole cost and
expense such licenses, permits and approvals as may be required by law for the performance of the services
required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes,
plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the
Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold
harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against
City hereunder.
1.5 Familiarity with Work. By executing this Contract, Contractor warrants that Contractor
(a) has thoroughly investi fated and considered the scope of services to be performed, (b) has carefully considered
how the services should be performed, and (c)fully understands the facilities, difficulties and restrictions attending
performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants
that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing,
prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions,
which will materially affect the performance of the services hereunder, Contractor shall immediately inform the
City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the
Contract Officer.
RS2 o99999-]00611606b1]d14Y6
cAscd OIRW9E
I
1.6 Care of Work. The. Contractor shall adopt reasonable methods during the life of the
Agreement to furnish continuous protection to the work, and the equipment, materials, papers,documents, plans,
studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such
damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be
caused by City's own negligence.
1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and
diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to
execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the
purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the
other.
1.8 Additional Services. City shall have the right at any time During the performance of the
services,without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or
make changes by altering,adding to or deducting from said work. No such extra work may be undertaken unless a
written order is first given by the Contract Officer to the Contractor,incorporating therein any adjustment in/�(r)the
Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written
approval of the Contractor. Any increase in compensation of up to five percent (5%) of the Contract Sum or
$25,000; whichever is less, or in thetime to perform of up to one hundred eighty (180) days may be approved by
the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City
Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services
specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges
that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time
consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation
therefore.
1.9 Special Requirements. Additional terms and conditions of this Agreement, if any,
which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and
incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any
other provisions of this Agreement, the provisions of Exhibit"B"shall govern.
2.0 COMPENSATION
2.1 Contract Sum. Foir the services rendered pursuant to this Agreement, the Contractor
shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and
incorporated herein by this reference, but :not exceeding the maximum contract amount of One Hundred
Thousand,Five Hundred Sixty and no/100 Dollars (S 100,560.00) (herein "Contract Sum"), except as provided
in Section 1.8. The method of compensation may include: (i)a lump sum payment upon completion, (ii)payment
in accordance with the percentage of completion of the services, (iii) payment for time and materials based upon
the Contractor's rates as specified in the Schedule of Compensation, but not exceeding the Contract Sum or (iv)
such other methods as may be specified in the Schedule of Compensation. Compensation may include
reimbursement for actual and necessary expenditures for reproduction costs, telephone expense, transportation
expense approved by the Contract Officer in advance, and no other expenses and only if specified in the Schedule
of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably
deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said
meetings.
2.2 Method of PaymenC. Unless some other method of payment is specified in the Schedule
of Compensation, in any month in which Contractor wishes to receive payment, no,later than the first (1st)
working day of such month, Contractor shall submit to the City in the form approved by the City's Director of '
rsvnemsssrv.�ooweieoe...i muss
R�awaa
2
Finance, an invoice for services rendered prior to the date of the invoice. Except as provided in Section 7.3, City
shall pay Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement no
later than the last working day of the month.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance. Contractor shall commence the services pursuant to this
Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s)
established in the "Schedule of Performance" attached hereto as Exhibit "D", if an3, and incorporated herein by
this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of
Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180)days
cumulatively.
3.3 Force Maieure. The time period(s) specked in the Schedule of Performance for
performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not
restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics,
quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency,
including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the
Contract Officer in writing of the causes of the.delay. The Contract Officer shall ascertain the facts and the extent
of delay, and extend the time for performing the services for the period of the enforced delay when and if in the
judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and
conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against
the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being
extension of the Agreement pursuant to this Section.
3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this
Agreement shall continue in full force and effect until completion of the services but not exceeding five (5) years
from the date hereof,except as otherwise provided in the Schedule of Performance.
4.0 COORDINATION OF WORK
4.1 Representative of Contractor. The following principals of Contractor are hereby
designated as being the principals and representatives of Contractor authorized to act in
its behalf with respect to the work specified herein and make all decisions in connection therewith:
Mr. Randy Ouillman
Senior Account Executive
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing
principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals
shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting
sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing
principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the
express written approval of City.
FSYrrbtl99999.30 16o6 1&IU96
Rcv"e3 OIRO9i
3
4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the
City Manager of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed
of the progress of the performance of the services and the Contractor shall refer any decisions which must be made
by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall
mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on
behalf of the City required hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge,
capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to
enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in
part the services required hereunder without the express written approval of the City. In addition, neither this
Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered
voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written
approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting
in concert of more than twenty five percent(251/6)of the present ownership and/or control of Contractor, taking all
transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any
bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any
surety of Contractor of any liability hereunder without the express consent of City.
The City's policy is to encourage the awarding of subcontracts to persons or entities with offices located
within the jurisdictional boundaries of the City of Palm Springs and, if none are available, to persons or entities
with offers located in the Coachella Valley ("Local Subcontractors"). Contractor hereby agrees to use good faith
efforts to award subcontracts to Local Subcontractors, if Local Subcontractors are qualified to perform the work
required. In requesting for the City to consent to a subcontract with a person or entity that is not a Local
Subcontractor, the Contractor shall submit evidence to the City that such good faith efforts have been made or that
no Local Subcontractors are qualified to penform the work. Said good faith efforts may be evidenced by placing
advertisements inviting proposals or by sending requests for proposals to selected Local Subcontractors. The City
may consider Contractor's efforts in determining whether it will consent to a particular subcontractor. Contractor
shall keep evidence of such good faith efforts and copies of all contracts and subcontracts hereunder for the period
specified in Section 6.2.
4.4 Independent Contmctor. Neither the City nor any of its employees shall have any
control over the manner, mode or means by which Contractor, its agents or employees, perform the services
required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge,
supervision or control of Contractor's employees, servants, representatives or agents, or in fixing their number,
compensation or hours of service. Contractor shall perform all services required herein as an independent
contractor of City and shall remain at all times as to City a wholly independent contractor with only such
obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or
any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose
become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of
any joint enterprise with Contractor.
5.0 INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance. The Contractor shall procure and maintain, at its sole cost and expense, in a
form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the
following policies of insurance:
FS1/i76999999.xW'i 16 ]NIl
an„dr alarvsr
4
(a) Comprehensive General Liability Insurance. A policy of comprehensive general
liability insurance written on a per occurrence basis. The policy of insurance shall be in an amount not less than
either(i)a combined single limit of$1,000,000 for bodily injury, death and property damage or (ii) bodily injury
limits of$500,000 per person, $1,000,000 per occurrence and $1,000,000 products and completed operations and
property damage limits of$500,000 per occurrence. If the Contract Sum is greater than $100,000, the policy of
insurance shall be in an amount not less than 55,000,000 combined single limit.
(b) Worker's Compensation Insurance. A policy of worker's compensation insurance in
such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and
provide legal defense for both the Contractor and the City against any loss, claim or damage arising from any
injuries or occupational diseases occurring to any worker employed by or any persons retained by the Contractor in
the course of carrying out the work or services contemplated in this Agreement.
1
(c) Automotive Insurance. A policy of comprehensive automobile liability insurance
written on a per occurrence basis in an amount not less than either(i)bodily injury liability limits of$500,000 per
person and S1,000,000 per occurrence and property damage liability limits of $250,000 per occurrence and
$500,000 in the aggregate or(ii) combined single limit liability of$1,000,000. Said policy shall include coverage
for owned, non-owned, leased and hired cars.
(d) Additional Insurance. Policies of such other insurance, including professional
liability insurance,as may be required in the Special Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City, its officers,
employees and agents as additional insureds, except that the City shall not be named as an additional insured for
the Workers Compensation Insurance nor the Professional Liability Insurance. The insurer shall waive all rights
of subrogation and contribution it may have against the City, its officers,employees and agents and their respective
insurers. All of said policies of insurance shall provide that said insurance may not be amended or canceled
without providing thirty (30) days prior written notice by registered mail to the City. In the event any of said
policies of insurance are canceled, the Contractor shall, prior to the cancellation date, submit new evidence of
insurance in conformance with this Section 5.1 to the Contract Officer. No work or services under this Agreement
shall commence until the Contractor has provided the City with Certificates of Insurance or appropriate insurance
binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the
City.
All certificates shall name the City as additional insured (providing the appropriate endorsement), be
signed by an authorized agent of the insurer,and shall contain the following"cancellation" notice:
"CANCELLATION: Should any of the above described policies be cancelled before the expiration dated
thereof, the issuing compny shall mail advance 30-day written notice to the Certificate holder named
herein."
The Contractor green that the provisions of this Section 5.1 shall not be construed as limiting in any way
the extent to which the&ntractor may be held responsible for the payment of damages to any persons or property
resulting from the Contractor's activities or the activities of any person or persons for which the Contractor is
otherwise responsible.
In the event the Contractor subcon0racts any portion of the work in compliance with Section 4.3 of this
Agreement, the contract between the,Contractor and such subcontractor shall require the subcontractor to maintain
the same policies of insurance that the Contractor is required to maintain pursuant to this Section 5.1.
FSYl]6999999 3 I 4.1 Wl1
Rcvi� "ln2
5
5.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and
employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims,
damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims
or liabilities")that may be asserted or claimed by any person, firm or entity arising out of or in connection with the
negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or
invitees, provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or arising
from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this
Agreement, whether or not there is concurrent passive or active negligence on the part of the City, its officers,
agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct
of the City, its officers,agents or employees,who are directly responsible to the City, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of said
claims or liabilities and will pay all costs and expenses, including legal costs apd attorneys' fees incurred in
connection therewith;
(b) Contractor will promptly pay any judgment rendered against the City, its
officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent
performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor
agrees to save and hold the City, its officers,agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any
action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in
connection with the negligent performance of or failure to perform the work, operation or activities of Contractor,
hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses
incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to,
legal costs and attorneys'fees.
5.3 Performance Bond. Concurrently with execution of this Agreement, Contractor shall
deliver to City a performance bond in the sum of the amount of this Agreement, in the form provided by the City
Clerk, which secures the faithful performance of this Agreement, unless such requirement is waived by the
Contract Officer. The bond shall contain the original notarized signature of an authorized officer of the surety and
affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and
remain in force during the entire term of the Agreement and shall be mill and void only if the Contractor promptly
and faithfully performs all terms and conditions of this Agreement.
5.4 Sufficiency of Insw'er or Surety. Insurance or bonds required by this Agreement shall be
satisfactory only if issued by companies qualified to do business in California, rated"A" or better in the most recent
edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial
category Class VII or better, unless such requirements are waived by the Director of Administrative Services or
designee of the City("Director of Administrative Services")due to unique circumstances. In the event the Director
of Administrative Services determines that the work or services to be performed under this Agreement creates an
increased or decreased qsk of loss to the City, the Contractor agrees that the minimum limits of the insurance
policies and the performance bond required by this Section 5 may be changed accordingly upon receipt of written
notice from the Director of Administrative Services; provided that the Contractor shall have the right to appeal a
determination of increased coverage by the Director of Administrative Services to the City Council of City within
ten(10)days of receipt of notice from the Director of Administrative Services.
6.0 REPORTS AND RECORDS
6.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such
reports concerning the performance of the services required by this Agreement as the Contract Officer shall
FSLi76099999-3fgp216066�]Gl"
0.�Dln6
6
1
require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to
be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of
any facts,circumstances, techniques,or events that may or will materially increase or decrease the cost of the work
or services contemplated herein or, if Contractor is providing design services, the cost of the project being
designed, Contractor shall promptly notify the. Contract Officer of said fact, circumstance, technique or event and
the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the
estimated increased or decreased cost estimate for the project being designed.
6.2 Records. Contractor shall keep, and require subcontractors to keep, such books and
records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to
evaluate the performance of such services. The Contract Officer shall have full and free access to such books and
records at all times during normal business hours of City, including the right to inspect, copy, audit and make
records and transcripts from such records. Such records shall be maintained fir a period of three (3) years
following completion of the services hereunder, and the City shall have access to such records in the event any
audit is required.
6.3 Ownership of Documents. All drawings, specifications, reports, records, documents and
other materials prepared by Contractor, its employees, subcontractors and agents in the performance of this
Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon
the termination of this Agreement, and Contractor shall have no claim for further employment or additional
compensation as a result of the exercise by City of its frill rights of ownership of the documents and materials
hereunder. Any use of such completed documents for other projects and/or use of uncompleted documents without
specific written authorization by the Contractor will be at the City's sole risk and without liability to Contractor,
and the City shall indemnify the Contractor for all damages resulting therefrom. Contractor may retain copies of
such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein.
All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the
event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting
therefrom.
6.4 Release of Documents. The drawings, specifications, reports, records, documents and
other materials prepared by Contractor in the performance of services under this Agreement shall not be released
publicly without the prior written approval of the Contract Officer.
7.0 ENFORCEMENT OF AGREEMENT
7.1 California Law. This Agreement shall be construed and interpreted both as to validity
and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning
any dispute,claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court
of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor
covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
i
7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party
shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall
continue performing its obligations hereunder so long as the injuring party commences to cure such default within
ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after
service of the notice,or such longer period as may be permitted by the injured party; provided that if the default is
an immediate danger to the health, safety and general welfare, such immediate action may be necessary.
Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for
cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in
FS2/276999999 3000/n 606M16n 06
a�i olnw
7
the event that the dispute is not cured, provided that nothing herein shall limit City's or the Contractors right to
terminate this Agreement without cause pursuant to Section 7.8.
7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any amount
payable to Contractor(whether or not arising out of this Agreement) (i)any amounts the payment of which may be
in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages
suffered by City,and(ii)all amounts for which City may be liable to third parties,by reason of Contractor's acts or
omissions in performing or failing to perform 1:ontractoes obligation under this Agreement. In the event that any
claim is made by a third party,the amount or validity of which is disputed by Contractor, or any indebtedness shall
exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without
liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to
exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure,
indemnify, and prof City as elsewhere provided herein.
7.4 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting
party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or
approval of any act by the other party requiring the party s consent or approval shall not be deemed to waive or
render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of
any default must be in writing and shall not be a waiver of any other default concerning the same or any other
provision of this Agreement.
7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies
expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the
exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same
or different times,of any other rights or remedies for the same default or any other default by the other party.
7.6 Legal Action. In addition to any other rights or remedies, either party may take legal
action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel
specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy
consistent with the purposes of this Agreement.
7.7 Liquidated Damages. Since the determination of actual damages for any delay in
performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of
this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of as
Two Hundred Fifty and no/100 Dollars (� 250.00 ) liquidated damages for each working day of delay in the
performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit "D"). The
City may withhold from any monies payable on account of services performed by the Contractor any accrued
liquidated damages.
7.8 Termination Prior to Expiration Of Term. This Section shall govem any termination of
this Agreement except �s specifically provided in the following Section for termination for muse. The City
reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written
notice to Contractor,except that where termination is due to the fault of the Contractor,the period of notice may be
such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to
terminate this Agreement at any time upon, with or without cause, upon sixty (60) days' written notice to City,
except that where termination is due to the fault of the City, the period of notice may be such shorter time as the
Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all
services hereunder except such as may be specifically approved by the Contract Officer. Except where the
Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior
to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter
FS1R]6b99999.0 1606r/r d11
8
in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as
provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to
compensation only for the reasonable value of the work product actually produced hereunder. In the event of
termination without cause pursuant to this Section, the terminating party need not provide the non-terminating
party with the opportunity to cure pursuant to Section 7.2.
7.9 Termination for Default of Contractor. If termination is due to the failure of the
Contractor to fulfill its obligations under this Agreement, City may,after compliance with the provisions of Section
7.2,take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be
liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation
herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may
withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City
as previously stated. 1
7.10 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or
made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such
action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be
entitled to reasonable attorney's fees. Attorney's fees shall include attorney's foes on any appeal, and in addition a
party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking
depositions and discovery and all other necessary costs the court allows which arc incurred in such litigation. All
such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or
not such action is prosecuted to judgment.
8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees. No officer or employee of the City shall
be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City
or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of
the terms of this Agreement.
8.2 Conflict of Interest. No officer or employee of the City shall have any financial interest,
direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to
the Agreement which effects his financial interest or the financial interest of any corporation, partnership or
association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The
Contractor warrants that it has not paid or given and will not pay or give any third party any money or other
consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination. Contractor covenants that,by and for itself, its heirs,
executors, assigns,and all persons claiming under or through them, that there shall be no discrimination against or
segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status,
national origin, or ancer in the performance of this Agreement. Contractor shall take affirmative action to
insure that applicants are employed and that employees are treated during employment without regard to their race,
color,creed, religion,sex, marital status, national origin, or ancestry.
9.0 MISCELLANEOUS PROWSIONS
9.1 Notice. Any notice, demand, request, document, consent, approval, or communication
either party desires or is required to give to the other party or any other person shall be in writing and either served
personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of
the Contract Officer, CITY OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and in the case
rsrmsv9ssvv-xoaa�eaewa viwva
a�ovtoAa
9
of the Contractor, to the person at the address designated on the execution page of this Agreement. Either party
may change its address by notifying the other party of the change of address in writing. Notice shall be deemed
communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as
provided in this Section.
9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the
meaning of the language used and shall not be construed for or against either party by reason of the authorship of
this Agreement or any other nde of construction which might otherwise apply.
9.3 Integration; Amendment. It is understood that there are no oral agreements between the
parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous
negotiations,arrangements, agreements and understandings, if any, between the parties, and none shall be used to
interpret this Agreement. This Agreement may be amended at any time by the mutupl consent of the parties by an
instrument in writing.
9.4 Severability. In the event that any one or more of the phrases, sentences, clauses,
paragraphs,or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment
or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the
remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as
severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so
material that its invalidity deprives either parry of the basic benefit of their bargain or renders this Agreement
meaningless.
9.5 Corporate Authority. The persons executing this Agreement on behalf of the parties
hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and
deliver this Agreement on behalf of said party, (iii)by so executing this Agreement, such party is formally bound to
the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any
other Agreement to which said party is bound.
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first
written above.
ATTEST: C Y OF PALM SPRIN S ALIFORNIA
L�� ✓L
Ciky,Clerk _7/7 4 Cit anager
APPROVED AS TO FORM:
./9 APPROVED BY THE CITY COUNCIL
BNO. (a
City yA Ai rney �
(-no
CITY OF PALM SPRINGS,
a municipal corporation
FS]/t7N099999JIpOR1606[I]&1
Revved OI110/9t
10
0
CONTRACTOR:
CARRIER CORPORATION
Check One: individual,
partnership, g corporation
u (NOTARIZED By: * h1b
Signature
DEBORAH J.HALL
Notary Public in the State of New IrorR Donna L. Clayton, V.P. — Counsel, NAO
OUIWW N Onondaga Coungr No.01"t Print Name&Title
Mr Conitniaiott Expire&Onnober rti
(NOTARIZED), By:
Signature
/ Carolyn Stennett, Assistant Secretary
Print Name&Title
DEBORAH J.HALL
Notary Public in the State of Newyork
Ckali"ad In Onondaga County No.01 HA49(Wa Mailing Address: Carrier Parkway
14Y C*nVr4§1itat Expire&Oclabar j9,1AC'
A & R Building
Syracuse, NY 13221
(Corporations require two signatures; one from each of the following: A. Chairman of Board, President, any Vice
President;AND B. Secretary, Assistant Secrelary, Treasurer, Assistant Treasurer, or Chief Financial Officer).
End of Signatures
* Our acceptance of this Contract Services Agreement dated July 29, 1998
is on the condition that Carrier will provide the City of Palm Springs
with its Service Work Order Reports ("WOR") as required in Section' 6.0
REPORTS AND RECORDS, HOWEVER, Carrier will not be required to provide
any Cost or Pricing Data."
FS2276/099999-3000216W4.2 6/14M
x 1" 09/01M
11
-------------
LEVEL OF
SCOPE OF SERVICE
SERVICE
EXHIBIT "A"
The following service level(s) to be included in this Service Agreement as indicated on the
attached schedule page(s):
1
1.0 INSPECT AND REPORT (IR) service to be provided by CARRIER such that the equipment listed herein will receive at least the number of inspections as stated on
the attached Schedule page(s). Each inspection will be in accordance with
CARRIER'S standards and, unless otherwise staled herein will include but is not
limited to the following:
j • EACH OPERATING INSPECTION: Log equipment noting general condition,
operating data, noises, vibration, temperature and presJure. Where applicable
inspect control and safety devices,check for proper refrigerant solution,lubricant
'• and water level, confirm control and equipment responses, adjust for normal
operation, provide inspection reports including recommendations for corrective
f actions.
• EACH STOP INSPECTION:(Equipment not'normally operating).Where applicable
inspect all rotating devices,couplings and drives,inspect hold down bolts,inspect
electrical connections,perform functional checks on control and safety devices,
provide inspection report identifying any problem area including recommendations
for corrective actions.
2.0 OIL AND GREASE(OG) service includes all (IR) services plus those routine tasks
which do not require component disassembly, but may require inspection cover or
plate removal. Unless otherwise stated herein, the OIL AND GREASE service
includes but is not limited to the following:
• Annual oil change,routine lubricating,replace oil filters,replace refrigerant fillers,
touch-up painting, blow down dirt legs/strainers, cleaning of control starter
contacts, clean electronic modules, clean drain pans, leak testing of any
disassembled joints.
3.0 ANNUAL PREVENTIVE MAINTENANCE (AM) service includes all the (IR) and
(OG)services plus those recurring tasks which are performed on a yearly cycle as
rgcommended by the equipment manufacturer and may require minor disassembly
and removal of available inspection covers. Unless otherwise stated herein, the
ANNUAL PREVENTIVE MAINTENANCE service includes, but is not limited to the
following:
• Annual preventive maintenance tasks, internal inspection, clean oil sump,
replacement of yearly expendable parts, minor adjustments, minor repairs,
alignment check,calibrate controls,measure and record accessible clearances.
leak testing of any disassembled joints or interconnecting refrigerant piping.
917-069
ANALYSIS SERVICE
iSCHEDULE LITHIUM BROMIDE
OIL
EXHIBIT "A" Continued REFRIGERANT
TUBE ANALYSIS
WATER
City_of Palm S.Rrings _ _
( MA uniComplex ACREEM WNo.
jSunrise_Com�lex,_Pa.lm_Sp�;ings,. Cq�2Z63--____,
I LOCATION IN dperen pun page 1) EFFECTIVE DATE _--
ANALYSIS SERVICE will be provided as described below.After the completion of each analysis CARRIER shall interpret the
results and provide a written report to the CUSTOMER including any recommendations for corrective acliorXs). If the
recommended corrective action(s) are within the Scope of Service and Schedule pages) of this AGREEMENT, then
CARRIER shall schedule and complete such action(s).
SYSTEM.
EQUIPMENT On PRooucT TYPE OF
IDENTIFICATION ANALYSIS SERVICE FREQUENCY
(1) 163BO18 Absorption Chiller Lithium Bromide Annually
(1) 16JB036 Absorption Chiller
4
The following applies in lieu of paragraph 9,WARRANTY of the General Provisions with respect to ANALYSIS SERVICE:
WARRANTY:CARRIER guarantees the quality of all workmanship of the ANALYSIS SERVICE that is performed under this
AGREEMENT for a period of sixty(60)days after completion.Upon written notification within such period that the ANALYSIS
SERVICES were not performed in a workmanlike manner.CARRIER agrees to remedy and redo any such services in a
timely manner without cost to the CUSTOMER.in the event that it proves impractical or impossible to remedy or redo such
services.CARRIER will reduce the AGREEMENT price to reflect the reduced value of the ANALYSIS SERVICE performed.
CARRIER'S obligation to remedy any improperly performed ANALYSIS SERVICE or reduce the AGREEMENT price for such
services shall be The CUSTOMER'S exclusive remedy under this AGREEMENT.
— -1 ANALYSIS SERVICE
LITHIUM BROMIDE
EXHIBIT "A" Continued OIL
REFRIGERANT
I
j TUBE ANALYSIS
WATER
1
I
4 �T Y-Rf PAlm.OWR AGREEMENTr+o
)
Airport Complex,_Palm._S.prings, CA -j.2263 __—__
' LOCATION(tl JMen:M Yin page 1) EFFECTIVE WTE
ANALYSIS SERVICE will be provided as described below.After the completion of each analysis CARRIER shall interpret the
results and provide a written report to the CUSTOMER including any recommendations for corrective actiorl(s). If the
recommended corrective action(s) are within the Scope of Service and Schedule page(s) of this AGREEMENT. then
CARRIER shall schedule and complete such action(s).
SYSTEAL
EOUIPMENT OR Pn00UCT TYPE OF
IDENTIFICATION ANALYSIS SERVICE FREOUENCY
(1) Trane Chiller Oil Annually
-
CVHE036FAN6lU3J299N1
t
The following applies in Neu of paragraph 9.WARRANTY of the General Provisions with respect to ANALYSIS SERVICE:
WARRANTY:CARRIER guarantees the quality of all workmanship of the ANALYSIS SERVICE that is performed under this
AGREEMENT for a period of sixty(60)days after completion.Upon written notification within such period that the ANALYSIS
SERVICES were not performed in a workmanlike manner.CARRIER agrees to remedy and redo any such services in a
limety manner without cost to the CUSTOMER.In the event that it proves impractical or impossible to remedy or redo such
services.CARRIER will reduce the AGREEMENT price to reflect the reduced value of the ANALYSIS SERVICE performed.
CARRIER'S obligation to remedy any improperly performed ANALYSIS SERVICE or reduce the AGREEMENT price for such
services shall be the CUSTOMER'S exclusive remedy under this AGREEMENT.
Page 7 Of 8
911At
REPLACEMENT PARTS
SCOPE OF SERVICE UNSCHEDULED SERVICE
OPTIONS
EXHIBIT "A" Continued
PARTS I-A
REPLACEMENT PARTS will be included it indicated: "as required" or "as listed herein' on any attached
Schedule page(s). Unless otherwise stated.the"as required" parts are provided and installed by CARRIER
necessary to perform the level of service selected: the "as listed herein" parts are provided and installed by
CARRIER only to the extent of the following:
Replacement parts included are those required to complete annual stop
maintenance including gaskets, nitrogen and cleaners.
Steam valve will be inspected and resealed the first year of contract.
Steam valve will be inspected the third year of contract and new parts
will be provided by the City of Palm Springs.
UNSCHEDULED SERVICE will be included if indicated:"as required"or"as specified herein"on any attached
Schedule page(s). Unless otherwise stated. the "as required" UNSCHEDULED SERVICE is provided when
necessary to diagnose problems and perform minor adjustments between scheduled inspection: the "as
specified herein" UNSCHEDULED SERVICE is provided only to the extent of the following:
Unscheduled service is available twenty-four hours a day, seven days a
week at Carrier's prevailing labor rates. Normal business hours consist
of Monday through Friday, 7:30 AM to 4:30 PM. Should additional service
by required after normal business hours, or on holidays, client will be
billed for premium time.
on.m
1� Cc..f'.iias :�rrcc�p Pi�i
_ REPLACEMENT PARTS
SCOPE OF SERVICE UNSCHEDULED SERVICE
OPTIONS
EXHIBIT "A" Continued i
REPLACEMENT PARTS will be included if indicated: "as required" or "as listed herein" on any attached
Schedule page(s). Unless otherwise staled, the "as required"parts are provided and installed by CARRIER
necessary to perform the level of service selected:the "as listed herein"parts are provided and installed by
CARRIER orgy to the extent of the following:
Replacement parts included :are those required to complete annual stop
maintenance including gaskets , o-rings, oil filters and cleaners.
I
Customer responsible for the removal of waste oil.
1
In order to meet any additional SCAQMD Rule 1415 requirements and the
Federal Clean Air Act on CFO" restrictions, client will be billed
charges necessary to fulfill mandates.
I
Carrier will make minor leak repairs as detected by the SCAQMD audit.
(i.e. torquing bolts on flanges and tightening up couplings) . If major
leaks are found, customer will be advised. Authorization to proceed
and purchase order will be required before commencing with work not
covered under this agreement.
Refrigerant, if required, will be extra.
UNSCHEDULED SERVICE will be included if indicated:"as required"or"as specified herein"on any attached
Schedule page(s). Unless otherwise slated, the "as required" UNSCHEDULED SERVICE is provided when
necessary to diagnose problems and perform minor adjustments between scheduled inspection: the "as
specified herein' UNSCHEDULED SERVICE is provided only 10 the extent of the following:
I
Unscheduled service is available twenty-four hours a day, seven days a
week at Carrier's prevailing labor rates. Normal business hours consist
of Monday through Friday, 7:30 AM to 4:30 PM. Should additional service
ibe required after normal business hours, or on holidays, client will be
1 billed for p`emium time.
Regular Hours not covered ender this contract will be charged at $84.00 per hour.
1
Overture (before 7:30 and after 4:30.FM., including ecelcends) will be 1.5 tin s the
Regular Rate, or $ 126.00 ,per hoar.
the major holidays will be charged at 2 times the Regular Rate, or $ 168.00 per tour.
I
917-07
— NON-DESTRUCTIVE
SCHEDULE TESTING SERVICE ,
EXHIBIT "A" Continued
City of Palm Springs
CUSTOMER AGREEMENTrap,
Muni Complex
Sunrise Complex, Palm Springs, CA 92263
LOCATION IN 6nereN tvn page 1) FF C-U DA
NON-DESTRUCTIVE TESTING service will be provided as described below.After the completion of each Non-Destructive
test,CARRIER shall interpret the results and provide a written report to the CUSTOMER including any recommendations for
corrective actions),II the recornmended corrective acfion(s)are within the Scope of Service and Schedule page(s)of INS
AGREEMENT,then CARRIER shad schedule and complete such actiorl(s).
1
i EOUIPMENT OR TYPE OF
COMPONENT NON-DESTRUCTNE
IDENTIFICATION TEST i FREOUENCY
i
+ (1) 16JB018 Absorption Chiller Eddy Current Test 1st Year 1998
1 * Cooler 3rd Year
ll ) 16JB036 Absorbtion Chiller ° condenser 2001
° Absorber
* Generator
* Cooler and generator heads to be removed and 'replaced by customer.
1
I
The following applies in lieu of paragraph 9,WARRANTY of the General Provisions with respect to NON-DESTRUCTIVE
TESTING:
WARRANTY:CARRIER guarantees the; quality of all workmanship of the NON-DESTRUCTIVE TEST that is performed
under this AGREEMENT fora period of sixty(60)days after completion.Upon written notification within such period that the
testing services were not performed in a workmanlike manner.CARRIER agrees to remedy and redo any such testing
' services in a timely manner without cost to the CUSTOMER.In the event that it proves impractical or impossible to remedy or
redo such testing services. CARRIER will reduce the AGREEMENT price to reflect the reduced value of the NOW
DESTRUCTIVE TESTING services performed.Due to inherent limitations of certain NON-DESTRUCTIVE TEST.CARRIER
does not guarantee or warrant that all existing or potential damage to of defects in the equipment tested win be discovered of
that there will be no failures of such equipment following such tests. CARRIER'S obligation to remedy any improperly
performed testing services or reduce the AGREEMENT price for such testing services shall be the CUSTOMER'S exclusive
remedy under this AGREEMENT.
917
• EXHIBIT "B"
GENERAL PROVISIONS
-I. PAYMENT shag be net tpon receipt«invoice.CARRIER reserves the right 10 discontinue its service anytime payments
have not been made as agreed.In addition to the AGREEMENT price. the CUSTOMER shag pay CARRIER any
applicable taxes a govemmeM charges,existing or imposed after acceptance dale,which are required in connection
%ith the service or material punished under tlxs AGREEMENT.
2. CUSTOMER SHALL permit access to the building and the use of builnxng services,shag keep areas adiacent to the
equipment kee of extraneous material move any stock.fixtures,wags,or partitions needed 10 perform the work under
this AGREEMENT and shag promptly rattly CARRIER of any annual Operating conditions during die lime when
CARRIER is no(on the job site.
3. NORMAL WORKING HOURS will apply to al services including major repairs performed under Iris AGREEMENT
except for unsdheduled service W so ndcated on ScFhedule Page(s).Services requested by CUSTOMER which are not
covered under INS AGREEMENT,win be Invoiced at CARRIER'S prevailing labor and parts charges.
4. EXCLUDED from INS AGREEMENT, unless otherwise staled herein. are repairs or replacements of disconnect
swddnes,circuit breakers and items not normally mechanically maintainable such as:ductwork casings,cabinets.
fixtures,structural supports,gnitage,tower fig.water piping,steam piping.drain piping.boiler M.boiler tubes and boiler
relradory.
5. NOT INCLUDED in INS AGREEMENTare repairs.replacements.alterations.addiitionS.2djustrnerits.repaifs by others.
Of unscheduled cads any of wh ch are necessitated by negfgent operation,abuse,misuse.prior neglect,vandalism,
obsolescence,bulling system design.damage due to freeing weather,corrosion.erosiorx or any other cause beyond
CARRIER'S control
6. NOT INCLUDED is the identification,detection, abalemenL encapsulating or removal of asbestos.or products or
materia!s containing asbestos or slnnilar hazardous substances.In the event that CARRIER encounters any asbestos product or material in the course of perfomling its work
CARRIER shad have the right to discontinue its work and remove its employees from the project.M that portion of the
ffq=ct wherein such product or material was encountered.unlit such product or materials.and any hazards connected
tl•,er_wilh are abated,encapsulated or removed.and/or 4 is determined that no hazard exists.CARRIER shad receive
an extension of time to complete its work hereunder and compensation for delays encountered as a result of such
situation and correclKKl Of same.
7. Except in cases of gross negligence of willful misconduct, in no event shall Contractor(Carrier)
be held liable for any indirect, special or consequential damages of a commercial nature.
1
• EXHIBIT "C"
Building Systems &Services
July 16, 1998
Mr. Jan Anderson/Chief Engineer
City of Palm Springs
P.O. Box 2743
i Palm Springs, Ca 92263-2743
Subject: HVAC SERVICE AGREEMENT RENEWAL
[Municipal/Airport/Sunrise complexes]
Reference: Quotation Number: 883QA19373
[AGREEMENTS 781A33220, 781A33221, 781A33222]
Dear Jan,
Your service Agreement with Carrier Building Systems and Services is at its scheduled
renewal-date.As a result, Carrier Building Systems and Services is pleased to submit
this HVAC Service Agreement renewal for Contract number referenced above.
Therefore in accordance with the terms and Conditions of the Agreement, the pricing is
effective as of April 1998 through March of 1999.
Please note the terms and Conditions remain the same.
COST PER YEAR(781A33220) $ 7,200.00 PAYABLE @$ 600.00 PER MONTH.
COST PER YEAR (781A33221) ; 6,924.00 PAYABLE @$ 577.00 PER MONTH.
COST PER YEAR(781A33222) $ 5,988.00 PAYABLE @$499.00 PER MONTH
Please sign below to acknowledge Agreement and acceptance of this Contract Proposal,
and return for our records and/or issue a new purchase order whichever is in
accordance with your purchasing procedures. Thank you for the opportunity to provide
service to you I I
Sincerely,
Randy Quiliman
Senior Account Executive
CARRIER CORPORATION THE CITY OF PALM SPRINGS
PALM SPRINGS, CA 92263-2743
Authorized Signature ` Authorized Signature
Title Date
ACCEPTED IN ACCORDANCE WITH CARRIER CORPORATION/BUILDING
SYSTEMS AND SERVICES DIVISIONS LETTER DATED 7/24198.
Carrier Corporation
Contractors License#499642
17900 East Ajax Circle
City of Industry California 91748 1133
626 854 0133 Fax 626 854 9295
n_vni_7
WATER CHILLER
• COOLING • SCHEDULE EQUIPMENT
EXHIBIT "D"
City of Palm Springs
CUSTOMER PROPosm-NO. AGREEMENT NO.__
Muni Complex
Sunrise Complex, Palm Springs, CA 92263
LOCATION Is W(ven n page 7) PROPOSAL DATE EFFEC&E 6.
A YES"indication means the service(s)is included in this AGREEMENT.A-NO-indication means the services)is not
included.
LEVEL OF SERVICE
Yes/No ITEM
Yes 1.INSPECT AND REPORT:
3 OPERATING INSPECTIONS AND 1 STOP INSPECTION(S)PER YEAR.
Yes 2.OIL AND GREASE includes item 1.
Yes 3.ANNUAL PREVENTIVE MAINTENANCE includes items 1.and 2.
No 4.MULTI-YEAR PREVENTIVE MAINTENANCE includes items 1,2.and 3.
No 5.FULL MAINTENANCE includes items 1.,2,3.and 4.
SERVICE OPTIONS
*Yes REPLACEMENT PARTS n/a AS REQUIRED for above level Of xx AS LISTED HEREIN.
**Yes UNSCHEDULED SERVICE n/a AS REQUIRED or xx AS SPECIFIED HEREIN.
***Yes TUBE INSPECTION head removal by xx CARRIER or n/a CUSTOMER On:
xx cooler, xx condenser, xx absorber, n/a general&.
Yes TUBE BRUSH CLEANING includes TUBE INSPECTION.
cooler up to one times per 5 th year
condenser up to one limes per year Acid cleaning extra
absorber up to one limesper 5th year
generator up to n/a limes per n/a
No TUBE REPAIRS—REFRIGERANT SIDE:must include items 4.or 5.and TUBE BRUSH CLEANING.
No TUBE REPAIRS—WATER SIDE must include items 4.or 5_TUBE REPAIRS—REFRIGERANT SIDE and
No WATER TREATMENT.
EQUIPMENT LIST
oUANnTY: MANUFACTURER COMPONENT/UNIT U. MODEL NO. SERIAL NO. NOTES:
1 Carrier Absorption Chiller 16JB036
1 Carrier Absorption Chiller 16JB018
1
* Sheet
See ' Parts (I--Afor (parts to be included.
�tprJ
** Carrier to provide one (1) unscheduled service call annually during
normal business hours :rS= d 'additional service be required after
normal business hoursr, or on holidays, client will be billed for
premium time.
*** Tube inspection conditional upon the condenser water and chilled water
valves holding when the valves are closed.
917
S-60H 12-901 scr
WATER CHILLER ,
COOLING SCHEDULE EQUIPMENT
E);HIBIT "0" Continued
City of Palm Springs
CUSTOMER PROPOSAL NO. 7i6REERAEHT no. --
Airport Complex, Palm Springs, CA 92263 _
LOCATION(K dWatrx rA page 1) PROPOSAL PITE._. ..—FFFEGTNE DATE'
A YES"indication means the service(s)Is inci ded in this AGREEMENT.A`NO"indication means the service(s)is not
Included.
LEVEL OF SERVICE
Yes/No ITEM
Yes 1.INSPECT AND REPORT-.
3 OPERATING INSPECITONS AND 1 STOP INSPECTION(S)PER YEAR.
Yes 2.OIL AND GREASE includes kern 1.
Yes 3.ANNUAL PREVENTIVE MAINTENANCE Includes items 1.and 2.
No 4.MULTI-YEAR PREVENTIVE MAINTENANCE includes hems 1�2.and 3.
No 5.FULL MAINTENANCE includes hems 1.,2,3.and A.
SERVICE OPTIONS
Yes REPLACEMENT PARTS n/a AS REOUIRED for above level or xx AS LISTED HEREIN.
*Yes UNSCHEDULED SERVICE n/a AS REQUIRED or xx-- AS SPECIFIED HEREIN.
**Yes TUBE INSPECTION head removal by n t a CARRIER or xx CUSTOMER on:
xx coder. xx condenser, n/a absorber, n/a generator.
Yes TUBE BRUSH CLEANING includes TUBE:INSPECTION.
***cooler up to one limes per year
condenser up to one limesper year Acid cleaning extra if
absorber up to n/a lunesper n/a required.
generator up to n/a lanes per n/a
No TUBE REPAIRS—REFRIGERANT SIDE must include items 4.or S.and TUBE BRUSH CLEANING.
No TUBE REPAIRS—WATER SIDE must include hems 4.or 5..TUBE REPAIRS—REFRIGERANT SIDE and
No WATER TREATMENT.
EQUIPMENT LIST
a1' nM. UANUFAOTURER: COMPOWNTAHT 10. L400EL NO. SENAL NO. NOTES
1 Trane Centrifugal Chiller CVHE036FAN61- L91KO6700 R-11
U3CJZ99N1
1
* Carrier to provide one (1) unscheduled service call annually during
normal business hourT- OLF no Co'oT-
** Tube inspection conditional upon the condenser water and chilled water
valves holding when the valves are closed.
*** Cooler heads to be removed and replaced by customer.
917-075
&RTIFICATE OF INSURANCE ISSUED: 9contract
NITED TECHNOLOGIES CORP( ION CERT # :
INSURED: This is to certify that policies of insurance listed ben
CARRIER CORPORATION issued to the named insured for the policy period indi
ONE CARRIER PLACE Notwithstanding any requirement, term or condition of orother document with respect to which this cereificate orFARMINGTON, CT 06034-4015 may pertain, the insurance afforded by the policies descrieerein is
subject to all the terms, exclusions, and conditions of such policies.
This certificate is issued as a matter of information only and confers
no rights upon the certificate holder. This certificate does not amend,
extend or alter the coverage afforded by the policies below.
TYPE OF INSURANCE ,POLICY POLICY
COMPANY AFFORDING COVERAGE POLICY EFFECTIVE =IRATION
COVERAGES NUMBER DATE DATE LIMITS OF LIABILITY
COMMERCIAL GENERAL LIABILITY
General Aggregate $ 1,000,000
Hartford Fire Insurance Co. AMB#02231 02CSET10004E 01-01-97 01-01-2000 Products - Completed Ops. $ 1,000,000
✓ Occurence Form
Personal & Advertise Injury $ 1,000,000
Includes Employers' Liability Each Occurrence $ 1,000,000
Excess over $1,000,000 Fire Damage (Any one fire) $
Includes Contractual Liability Mad. Ex . (Any one erson) $
OWNERS' & CONTRACTORS' PROTECTIVE
Hartford Fire Insurance Co. AMB402231 02CSET20399 01-01-99 01-01-00 Each Occurrence $ 1,000,000
A22regate $ 1,000,000
AUTOMOBILE LIABILITY
Hartford Fire Insurance Co. AMB#02231
All states except MA, NJ, TX & HI 02CSE'T10000E 01-01-97 01-01-2000 Combined Single Limit $ 1,000,000
Hartford Casualty Ins. Co. TX Only AMB#02229 02CSE'T10003E 01-01-97 01-01-2000
Twin City Fire Ins. Co. NJ Only AMB#02235 02CSET100o1E 01-01-97 01-01-2000
Hartford Acc & Ind Ins Co. MA Only AMB402230 02CSET10002E 01-01-97 01-01-2000
Hartford Underwriters Ins Cc HI Only AMB#02232 02CSET10019E 01-01-97 01-01-2000
WORKERS' COMP. & EMPLOYERS' LIABILITY
Insurance Company Of The State Of PA AMB#02035 Coverage A STATUTORY LIMITS
All states except: WC2178305 04-01-97 04-01-2000
CA, CT, ME, NV, ND, OH, OK, Coverage B (Employers' Liability)
OR, UT, WA, WI, WV, WY Each Accident $ 1,000,000
CA (Deductible) WC2178304 04-01-97 04-01-2000 Disease Policy Limit $ 1,000,000
National Union Fire Ins. Co. of PA AME#02351 Disease Each Employee $ 1,000,000
OK, OR, UT, WI WC2178306 04-01-97 04-01-2000
CT Excess of $2,500,000 SIR WCEX21.78307 04-01-97 04-01-2000 ' and subsequent policy numbers
assigned within this term.
State Funds and Other:
ME, NV, ND, OH, WA, WV, WY
DESCRIPTION OP OPERATIONS / OTHER CONTRACT #781A23219/781A23220 REFERENCE. 4883
THE CERTIFICATE HOLDER IS THE NAMED INSURED ON THE 0 & CP POLICY.
PROPERTY OWNER: CITY OF PALM SPRINGS
JOBSITE ADDRESS : 425 NORTH CIVIC DRIVE
PALM SPRINGS, CALIFORNIA 92263 l
CANCELLATION
Should any of the above described policies be cancelled or materially changed before the expiration date thereof, the issuing
company will mail 30 days written notice to the certificate holder.
CERTIFICATE HOLDER PRODUCER CONTACT
CARRIER CORPORATION
CITY OF PALM SPRINGS Sedgwick STEPHEN WLCDARSKI
of Connecticut, Inc. VOICE (315) 433-4043
ATTN: JUDITH SUMICH, CITY CLERK
10 Columbus Boulevard FAX (315) 432-3233
PURCHASING & MATERIALS MGT DIV Hartford, CT 06106
425 NORTH CIVIC DRIVE
PALM SPRINGS, CA 92263 AUTHORIZED REPRESENTATIVE