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HomeMy WebLinkAbout03221 - CARRIER CORP AIRPORT MECHANIC ROOM CHILLER M05178 Carrier Corp. Airport Mechanical Room Chiller Mntnce pp m Q Y AGREEMENT #3221 Service AgrGG11 e M05178, 4-21-93 i This AGREEMENT entered into by and between: City of Palm Springs Airport Complex Palm Springs, CA 92263 Hereinafter referred to as "CUSTOMER" and BUILDING. SYSTEMS AND SERVICES DIVISION OF CARRIER CORPORATION Hereinafter referred to as "CARRIER" 381Q23008-5 AM 2/26/93 PROPOSAL NO. PROPOSALTYPE PROPOSAL DATE AGREEMENT NO. Carrier 11 BUILDING SYSTEMS AND SERVICES S-60(9-88) 917-067 • SERVICE AGREEMENT service(s)to be provided atthe CUSTOMER'S location(s)as indicated on preceedirg page or an the attached Schedule Page(s).The page(s) Indicated with an "X' below are part of this AGREEMENT. HEATING& -- COOLING — ` HEATING —� AIR&WATER_-- _ -dam- CONTROLS _ COOLING __ DISTRIBUTION ii XX WATER CHILLER """' BOILER --' HEAT PUMP '-'�AIR HANDLER — DDC - PACKAGED AIR - FURNACE -- HEAT RECLAIM _-- COOLING TOWER ELECTRIC CONDITIONER - - HEAT EXCHANGER - PACKAGED AIR -"- FILTER SVC. — ELECTRONIC XX CONDITIONING& ANALYSIS SVC - - UNIT HEATER -'"- PUMPS _ PNEUMATIC - NON-DESTRUCTIVE HEATING '-" TERMINALS TESTING — WATER TREATMENT ___________________________________________________________________________________________________________________ DIALOG SERVICE(equipment monitoring) Other: Annual SCAQMD Rule 1415 Audit • This AGREEMENT shall be administered by CARRIER'S office presently located at: Carrier Building Systems and Services 2735 Saturn Street Brea, CA 92621 • CARRIER shall provide maintenance service in accordance with the "General Provisions", "Scope of Service", "Schedule Page(s)",and any"Amendment(s)"which constitule(s)an entire AGREEMENT and shall become valid after acceptance by CUSTOMER and appoval by CARRIER. Reference to CUSTOMER'S request for quotation or other documents are made a part of this AGREEMENT only to the extent of specifying the nature of the goods and services ordered and to the extent that such items or terms are consistent with this AGREEMENT. No agent of CARRIER or employee shall have authority to alter or waive any clause of this AGREEMENT unless prior written approval Is obtained from CARRIER headquarters. • The first rice year Is$ $ 6924.00 $ 577 .00 month y p per year payable$ per Any subsequent price may be adjusted on any anniversary date in accordance with the PRICE ADJUSTMENT page. During new equipment warranty, the AGREEMENT price will be$ n a per n/a It is understood that the warranty expires n a /93O nrcl 5�n11 Cen-,hut, ar' �D • This AGREEMENT shall become effective onsyt/1 I � f ive-_ year(s) izpen! Wwii•nmelnt. • The undersigned affirm that they have read and understand the entire AGREEMENT Including the General Provisions appearing on the reverse side. Execution by Authorized Represent 'ves._ Page 2 of 8 U MB ITTED BY. �I �L ,.,, - - --- DATE 3/1/93_ USTOMERACCEP INC Uert Simon CARRIER APPROVAL: arketing Rep. BUILDING SYSTEMS&SERVICES DIVISION OF CARRIER CORPORATION City, tanager_ U wca� ATTEST: `C tv of Pal In-Springs Garner Approval((typed/printed Jed name c..Efti- ��- Title {� C' y Clerk y � Q l�/e��i - Date Carrier Approva (signature) Date /Ai"�xx G''Ev 4i av'ED (i� S-60A(9-88) By /7c5' �Yy-= o°� a;-, 917-068 1 - f GENERAL PROVISIONS 1 PAYMENT shall be net upon receipt of invoice.CARR IER reserves the right to discontinue its service anytime payments have not been made as agreed. In addition to [he AGREEMENT price, the CUSTOMER shall pay CARRIER any applicable taxes or government charges,existing or Imposed after acceptance date,which are required In connection j with the service or material furnished under this AGREEMENT a � i 2. CUSTOMER SHALL permit access to the building and the use of budding services,shall keep areas adjacent to the equipment free of extraneous material,move any stock,fixtures,walls,or partitions needed to perform the work under this AGREEMENT and shall promptly notify CARRIER of any unusual operating conditions during the time when CARRIER is not on the job site. 3. NORMAL WORKING HOURS will apply to all services including major repairs performed under this AGREEMENT except for unscheduled service if so indicated on Schedule Page(s).Services requested by CUSTOMER which are not j li covered under this AGREEMENT,will be invoiced at CARRIER'S prevailing labor and parts charges. f 4 EXCLUDED from [his AGREEMENT, unless otherwise stated herein, are repairs or replacements of disconnect ' { switches,circuit breakers and items not normally mechanically maintainable such as:ductwork,casings, cabinets, j fixtures,structural supports,grillage,tower fill,water piping,steam piping,drain piping,boiler shell,boilertubes and boiler refractory 5 NOTINCLUDED in this AGREEMENT are repairs,replacements,alterations,additions,adjustments,repairs byothers, ! I or unscheduled calls any of which are necessitated by negligent operation,abuse, misuse, prior neglect, vandalism, obsolescence,building system design,damage due to freezing weather,corrosion,erosion,orany othercause beyond CARRIER'S control. f 6 NOT INCLUDED is the identification, detection, abatement, encapsulating or removal of asbestos, or products or materia!s containing asbestos or similar hazardous substances. ' In the event that CARRIER encounters any asbestos product or material in the course of performing its work, CARRIER shall have the right to discontinue its work and remove its employees from the project,or that portion of the projectwherein such product or material was encountered,until such product or materials,and any hazards connected therewith are abated,encapsulated or removed,and/or it is determined that no hazard ekists CARRIER shall receive an extension of lime to complete its work hereunder and compensation for delays encountered as a result of such situation and correction of same 7, CARRIER SHALL NOT,under any circumstances,be liable for any accident,injury,breakage.loss or damage to the equipment or machinery, appliances, or property connected therewith, or the resultant consequences, unless such ! loss or damage is caused by the negligence of CARRIER'S agents,employees,or subcontractors Also CARRIER shall riot be required to perform tests,install any items of equipment or make modifications that may be recommended or directed by insurance companies,government,state, municipal or other authority. 8. DELAYS occasioned by conditions beyond the reasonable control of either party shall not be the liability of either party ` to this AGREEMENT y 9 WARRANTY: CARRIER guarantees that all service provided under this AGREEMENT shall be performed_ri,n_a workman]I ke manner Any claim for defective workmanship must be provided to CARRIER by written noliceiiiiiUM t e p,�,_ , termination date of this AGREEMENT upon which CARRIER agrees to remedy and redo any such service(s)in a timely manner without cost to the customer !, CARRIER also warrants against defects in materials, and workmanship of all CARRIER part(s) or component(s) supplied hereunder fora period of one year from date of installation or until the termination date of this AGREEMENT, whichever is earlier.If any parts)orcomponent(s)should prove defective during the aforementioned warranty period, CARRIER will at its option repair,replace or ssue credit for any such items provided they were not damaged,abused,or effected by chemical properties THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CARRIER'S obligation to repair,replace,perform a service,orissue credit(orany defective part(s),componem(s),or service shall be CUSTOMER'S exclusive remedy under this AGREEMENT Part(s), component(s) or services furnished by others to CARRIER carry the same guarantee to CUSTOMER as i CARRIER receives. If the CUSTOMER requests parts or services not included in this AGREEMENT and has not selected the option for REPLACEMENT PARTS or other optional service, it is agreed that all requested part(s), component(s)or services supplied by CARRIER will be accepted subject to the CARRIER Conditions of Sale issued with each order 10. NEITHER PARTY to this AGREEMENT shall hold the other responsible for any indirect or consegential damages of a commercial nature such as, but not limited to, loss of revenue or loss of use of any equipment or facilities. { 11 BOTH PARTIES agree that any claim arising from the performance or nonperformance of this AGREEMENT,whether based upon contract, negligence strict liability or otherwise, shall be brought within one(1)year from the date such claim arose ; Page 3 ADDITIONAL GENERAL PROVISIONS Page 3a Warranty 9 (a) . Provided, however, that these "guarantees', will not provide CUSTOMER with less protection than otherwise provided CUSTOMER pursuant to the terms of this AGREEMENT, and will not derogate from the protection otherwise afforded CUSTOMER under this AGREEMENT. r APPROVED BY CARRIER: APPROVED BY CUSTOMER: XC✓ra✓tD � . GJraei Robe Type/Print Name 4Sigt4A int NSignature SERVICE AGREEMENT ADDITIONAL GENERAL PROVISIONS Page 3b 10 . INSURANCE. Carrier shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to CUSTOMER, during the entire term of this AGREEMENT including any extension thereof, the following policies of insurance: (a) Comprehensive General Liability Insurance. A policy of comprehensive general :Liability insurance written on a per occurrence basis in an amount not less than either (i) a combined single limit of $1, 000, 000 . 00 for bodily injury, death and property damage or (ii) bodily injury limits of $500 , 000 . 00 per person, $1, 000, 000 . 00 per occurrence and $1, 000, 000 . 00 products and completed operations and property damage limits of $500, 000 . 00 per occurrence and $500, 000 . 00 in the aggregate. (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 CARRIER and CUSTOMER against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CARRIER in the course of carrying out the work or services contemplated in this AGREEMENT. (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 $250, 000 . 00 per person and $500, 000 . 00 per occurrence and property damage liability limits of $100, 000 . 00 per occurrence and $250 , 000 . 00 in the aggregate or (ii) combined single limit liability of $500, 000 . 00 . Said policy shall include coverage for owned, non-owned, leased and hired cars . The policies of insurance required by this AGREEMENT shall be satisfactory only if issued by companies qualified to do business in California, rated "A" ox: 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, APPROVED BY CARRIER: APPROVED BY CUSTOMER: X 9✓V&P3)W,) ?a , eiq 17 1� QRobert W. Parki s Type/Print Name Print e x a2 � Signature Sig ature SERVICE AGREEMENT ADDITIONAL GENERAL PROVISIONS Page 3c unless such requirements are waived by CUSTOMER. City shall be given 30 days prior written notice by registered mail of any amendment or cancellation of said insurance. In the event any of said policies of insurance are cancelled, CARRIER shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section to the Contract Officer. No work or services under this AGREEMENT shall commence until CARRIER has provided CUSTOMER with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverage and said Certificates of Insurance or binders are approved by CUSTOMER. CARRIER agrees that the provisions of this Section shall not be construed as limiting in any way the extent to which CARRIER may be held responsible for the payment of damages to any persons or property resulting from CARRIER' S activities or the activities of any person or persons for which CARRIER is otherwise responsible. In the event CARRIER subcontracts any portion of the work, the contract between CARRIER and such subcontractor shall require the subcontractor to maintain the same policies of insurance that CARRIER is required to maintain pursuant to this Section. 11. INDEMNIFICATION. CARRIER agrees to indemnify, protect, defend and hold CUSTOMER, its officers, agents and employees 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 (other than CUSTOMER) arising out of or in connection with the negligent performance of the work, operations or activities of CARRIER, its agents, employees, subcontractors, or APPROVED BY CARRIER: APPROVED BY CUSTOMER: X . Park Type/Print Name Type/Print Name Y, Signature Sig ur FS1\241\014094-0045\33191. 04/05/93 SERVICE AGREEMENT ADDITIONAL GENERAL PROVISIONS Page 3d invitees, provided for herein, or arising from the negligent acts or omissions of CARRIER hereunder, or arising from CARRIER' 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 CUSTOMER, its officers, agents or employees but excluding such claims or liabilities to the extent arising from the active negligence or willful misconduct of CUSTOMER, its officers, agents or employees . In no event shall CARRIER be required to defend or indemnify the City for its own active negligence. 12 . COST OF LIVING ADJUSTMENT. Upon each anniversary date of the this AGREEMENT,, the AGREEMENT price shall be adjusted in proportion to changes in the Consumer Price Index. Such adjustment shall be made by multiplying the original AGREEMENT price by a fraction, the numerator of which is the difference between (i) value of the Consumer Price Index for the calendar month three (3) months preceding the calendar month for which such adjustment is to be made and (ii) the value of the Consumer Price Index for the same calendar month immediately prior to Commencement Date and the denominator of which is equal to the Consumer Price Index specified in subsection (ii) above. The "Consumer Price Index" to be used in such calculation is the Consumer Price Index.l All Urban Consumers (All Items) , for the Los Angees-Anaheim- Riverside Metropolitan Area, published by the United States Department of Labor, Bureau of Labor Statistics (1982-84 = 100) . If both an official index and one or more unofficial indices are published, the official index shall be used. If said Consumer Price Index is no longer published at the adjustment date, it shall be constructed by conversion tables included in such new index. APPROVED BY CARRIER: APPROVED BY CUSTOMER: x Robert W. Parki Type/Print /Name Type/Print N e Signature S ' n to FS1\241\014084-0045\33191. 04/02/93 SERVICE AGREEMENT LEVEL OF SCOPE OF SERVICE SERVICE 3 Page 4 of 8 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 stated herein will include but is not limited to the following: • EACH OPERATING INSPECTION: Log equipment noting general condition, operating data, noises, vibration, temperature and pressure. 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 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 filters, 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 recommended 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. 1 i S-60B(2-89) 917-069 Service Agreement - • _ REPLACEMENT PARTS SCOPE OF SERVICE UNSCHEDULED SERVICE OPTIONS Page 5 of 8 REPLACEMENT PARTS will be included if 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: fReplacement parts included are those required to complete annual stop maintenance including gaskets, o-rings, oil filters and cleaners. 7 1 Customer responsible for the removal of waste oil. In order to meet any additional SCAQMD Rule 1415 requirements and the Federal Clean Air Act on C:FC restrictions, client will be billed charges necessary to fulfill mandates. 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. i 1 I I 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: I Unscheduled service is available twenty-four hours a day ,y, 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 be required after normal business hours, or on holidays, client will be billed for premium time. ]1 1 J I S-60D11-891 917-071 WATER CHILLER m COOLING SCHEDULE EQUIPMENT Page 6 of 8 City of Palm Springs CUSTOMER PROPOSAL NO. AGREEMENT NO. Airport Complex, Palm Springs, CA 92263 LOCATION(If different than page 1) PROPOSAL DATE EFFECTIVE DATE AYES" indication means the service(s) is included 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 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 or xx AS LISTED HEREIN. `Yes UNSCHEDULED SERVICE n/a AS REQUIRED or XX AS SPECIFIED HEREIN. *-Yes TUBE INSPECTION head removal by n/a CARRIER or xx CUSTOMER on: xx cooler, xx condenser, n/a absorber, n/a generator. Yes TUBE BRUSH CLEANING includes TUBE INSPECTION **-cooler up to ORe times per year condenser up to one timesper year Acid cleaning extra if absorber up to n/a times per n/a required. generator up to n/a times 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 QUANTITY: MANUFACTURER: COMPONENT/UNIT ID MODEL NO SERIAL NO. NOTES 1 Trane Centrifugal Chiller CVHE036PAN61- L91KO8700 R-11 U3CJZ99N1 Carrier to provide one (1) unscheduled service call annually during normal business hour sr a-F- hD COSH ^^ Tube inspection condit:ional upon the condenser water and chilled water valves holding when the valves are closed. *` Cooler heads to be removed and replaced by customer. S-60H(2-90) ScP 917-075 _ _ ANALYSIS SERVICE . SCHEDULE � .._....__._�,.._, ...,,..,._...�....._.............._ LITHIUM BROMIDE OIL REFRIGERANT I TUBE ANALYSIS WATER _Ci_ty of Palm Springs CUSTOMER AGREEMENT NO I Airport_Complex, Palm Springs, CA_92263 __ LOCATION(If different than 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 action(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). SYSTEM, EQUIPMENT OR PRODUCT TYPE OF IDENTIFICATION ANALYSIS SERVICE FREQUENCY (1) Trane Chiller Oil Annually CVIiE036FAN61U3J299N1 t The fallowing 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 Page 7 of g S-600(5-88) 917-083 —� Service Agreement PRICE ADJUSTMENT a 9 Page 8 of 8 City_of Pa_1n__Springs__ ________ _ _ CUSTOMER AMENDMENT NO _Air_gort_Comple_x,_Palm_Springs. CA 92263 LOCATION SUBMITTAL DATE d t 1 ----- -- ------ i AGREEMENTNO AGREEMENT EFFECTIVE DATE NO PAGE OF i i ( This PRICE ADJUSTMENT to be attached to and made part of the above AGREEMENT. PRICE ADJUSTMENT(S) may be performed In accordance with one of the following methods i 1.0 _ Ye5___-_ANNIVERSARY ADJUSTMENT: .t (Yes, No) I No -,___on any anniversary date(or) i j (Yes, No) " Yes on the anniversary date of any subsequent - One year term. i (Yes, No) The current AGREEMENT price Is$ _$ 69.24.00 per _year-__ beginning on the effective date ofg'k/_1[93_ 4, D') i 1 The AGREEMENT price to be adjusted to$.— —----per year payable$_.___ * per Rlonth beginning on the effective date of S_k/_l/94__ 2.0 _. No_ _.--PRICE SCHEDULE: !!! (Yes, No) t + •• Based upon Cost of Living index. 1 I. j t s-sowg-..,_......... ...._.. .M__r..._... . , _r......, sf lv C p i 88) n