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HomeMy WebLinkAboutCarrier Municipal Building 2024 Phone:(501)945-6000 Carrier Commercial Service Little Rock Fax:(501)663-5673 715 East Roosevelt Rd Little Rock,AR 72206 November 3. 2023 Rick Elumbaugh CITY OF BATESVILLE 500 E Main St Batesville,AR 72501-4660 S_ubi LCaffif Servi e Agmement_Ng.-Z6A21041 Rick Elumbaugh: We appreciate the confidence you have shown in us by selecting Carrier for your maintenance needs and look forward to continuing our relationship. In accordance with the provisions of the subject service agreement,the following shall serve as the renewal for the contract period beginning January 1,2024 and will continue for a period of 1 Year(s).The agreement price for this period is 518,428.00,excluding applicable taxes,payable$18,428.00 Annually. Except as revised by this letter,the existing agreement shalt remain in full force and effect. Please return a copy of this letter with your signature and updated purchase order information if applicable. Should you have questions please contact our office. Sincerely, Harriet Bot harriet.bot@carrier.com -- Authorized Acceptance: t Signature: 4 Title: -- Date: I 1/ T.�.� 23 PO#: O Carrier Corporation 2017 Visit us at: www.carrier.com/commercial m r 160 l e This SERVICE AGREEMENT entered into by and between: CITY OF BATESVILLE 500 E.MAIN STREET BATESVILLE,AR 72501 FOR SERVICE AT: 500 E.Main Street Batesville,AR 72501 Proposal Number: 544086N5000029 Proposal Date: January 19,2005 Hereinafter referred to as "CUSTOMER" and CARRIER COMMERCIAL SERVICE Division of Carrier Corporation Hereinafter referred to as "CARRIER" Carrier CARRIER COMMERCIAL SERVICE SERVICEPLUS Carrier Corporation Printed in US.A. 01f03 808-304 SERVICEPLUS This SERVICE AGREEMENT shall be administrated by Carrier Commercial Service presently located at: 1805 S.Bond Street Little Rock,AR 72206 501-945-6000 EQUIPMENT/CONTROLS DEVICE SERVICED See"Equipment/Controls Device List"section for a list of equipment included in this SERVICE AGREEMENT, AGREEMENT PRICE The AGREEMENT PRICE in year one shall be $10,688 payable S2,673 Per Quv*er-• The TOTAL AGREEMENT PRICE is$21,376 covering a term of 2 year(s). Pa.c ri.S , t e.- e,.��t' AGREEM M ENTTER t,F�.,`�t�ft. \O\�\oS .� YF This AGREEMENT shall become effective upon January 1, 2005 and shall continue for a 2-year term, and from year-to-year thereafter. Either party may terminate this AGREEMENT according to the Early Termination Schedule,if any,or at any time by giving the other party at least thirty(30)days prior written notice. ACCEPTANCE AND APPROVAL This shall become a valid AGREEMENT upon signature by CUSTOMER and signature by a CARRIER representative in the CARRIER Approval blocks below. The undersigned acknowledges and agrees by its signature that the General Provisions, Scope of Service, and any amendment or addenda prepared by CARRIER with respect thereto constitutes the entire AGREEMENT_ No agent of CARRIER or employee shall have authority to alter or waive any General Provision unless written approval is obtained from CARRIER headquarters. SUBMITTED BY: __- -----__ ----.._ _ DATE: Philip Hodges Execution by Authorized Representatives: CUSTOMER ACCEPTANCE: CARRIER APPROVAL: COMMERCIAL SERVICE Custo er Company Name stomer Acceptance (typed/printed name) Carrier Approval ( ed/printed name) Title Title C06mer Acceptance(signatui e'a Date Carrier Approva)JW91W Date Garner Corporation Printed in U S A. 10tD3 808.305 SERVICEPLUS CARRIER CORPORATION COMMERCIAL SERVICE TERMS AND CONDITIONS OF SALE-SERVICE(Rev 10-03) 1. PAYMENT AND TAXES—Payment shall be made 1.25%10/net 30 days from -Permit access to Customer's site,and use of building services including but date of invoice. Carrier reserves the right to require cash payment or other alter- not limited to:water,elevators,receiving dock facilities,electrical service and native method of payment prior to completion of work if Carrier determines,in its local telephone service. sole discretion,that Customer or Customer's assignee's financial condition at any -Keep areas adjacent to equipment free of extraneous material,move any time does not justify continuance of the net 30 days payment term. In addition to stock,fixtures,walls or partitions that may be necessary to perform the the Agreement price,the Customer shall pay Carrier any applicable taxes or gov- specified service. ernment charges that may be required in connection with the service or material -Promptly notify Carrier of any unusual operating conditions. furnished under this Agreement. -Upon agreement of a timely mutual schedule,allow Carrier to stop and start 2. WORKING HOURS—All services performed under this Agreement including equipment necessary to perform service. major repairs,are to be provided during Carrier's normal working hours unless -Provide adequate water treatment. otherwise agreed. -Provide the daily routine equipment operation(if not part of this Agreement) 3. ADDITIONAL SERVICE—Services or parts requested by Customer in addition including availability of routine equipment log readings. to those specified in this Agreement will be provided upon receipt of Customer's -Where Carrier's remote monitoring service is provided,provide and maintain written authorization and invoiced at Carrier's prevailing labor rates and parts a telephone line with long distance direct dial and answer capability. charges.Additional services or parts shall be supplied under the terms of this -Operate the equipment properly and in accordance with instructions. Agreement. -Promptly address any issues that arise related to mold,fungi,mildew or 4. EXCLUSIONS—Carrier is not responsible for items not normally subject to bacteria. mechanical maintenance including but not limited to:duct work,casings,cabinets, 9. EQUIPMENT CONDITION&RECOMMENDED SERVICE—Upon the initial fixtures,structural supports,grillage,water piping,steam piping,drain piping, scheduled operating and/or initial annual stop inspection,should Carrier determine cooling tower fill,boiler tubes,boiler refractory,disconnect switches and circuit the need for repairs or replacement,Carrier will provide Customer in writing an breakers.Carrier is not responsible for repairs,replacements,alterations,addi- 'equipment condition'report including recommendations for corrections and the lions,adjustments,repairs by others,unscheduled calls or emergency calls,any of price for repairs in addition to this Agreement. which may be necessitated by negligent operation,abuse,misuse,prior improper In the event Carrier recommends certain services(that are not included herein maintenance,vandalism,obsolescence,building system design,damage due to or upon initial inspection)and if Customer does not elect to have such services freezing weather,chemical/electrochemical attack,corrosion,erosion,deterioration properly performed in a timely fashion,Carrier shall not be responsible for any due to unusual wear and tear,any damage related to the presence of mold,fungi, equipment or control failures,operability or any long-term damage that may mildew,or bacteria,damage caused by power reductions or failures or any other result. Carrier at its option will either continue to maintain equipment and/or con- cause beyond Carrier's control. trols to the best of its ability,without any responsibility,or remove such equip- Carrier is not responsible for the identification,detection,abatement,encapsu- ment from this Agreement,adjusting the price accordingly. lating or removal of asbestos,products or materials containing asbestos,similar 10.CUSTOMER TERMINATION—Customer shall have the right to terminate this hazardous substances,or mold,fungi,mildew,or bacteria. In the event that Agreement for Carrier's non-performance provided Carrier fails to cure such non- Carrier encounters any asbestos product or any hazardous material in the course performance within 30 days after having been given prior written notice of the of performing its work,Carrier may suspend its work and remove its employees non-performance. Upon early termination or expiration of this Agreement,Carrier from the project,until such product or material,and any hazards connected with it shall have free access to enter Customer locations to disconnect and remove any are abated. Carrier shall receive an extension of time to complete its work and Carrier personal proprietary property or devices as well as remove any and all compensation for delays encountered as a result of such situation and its correc- Carrier-owned parts,tools and personal property. Additionally,Customer agrees tion. to pay Carrier for all incurred but unamortized service costs performed by Carrier Carrier shall not be required to perform tests,install any items of equipment or including overheads and a reasonable profit. make modifications that may be recommended or directed by insurance compa- 11.CARRIER TERMINATION—Carrier reserves the right to discontinue its service nies,government,state,municipal or other authority. However,in the event any any time payments have not been made as agreed or if alterations,additions or such recommendations occur,Carrier,at its option,may submit a proposal for repairs are made to equipment during the term of this Agreement by others with- Customer's consideration in addition to this Agreement. Carrier shall not be out prior agreement between Customer and Carrier. required to repair or replace equipment that has not been properly maintained. 12.LIMITATION OF LIABILITY—Under no circumstances shall Carrier be held 5. WARRANTY—Carrier warrants that all service provided under this Agreement liable for any incidental,special or consequential damages,including loss of rev- shall be performed in a workmanlike manner. Carrier also warrants all Carrier enue,loss of use of equipment or facilities,or economic damages based on strict parts or components supplied hereunder to be free from defects in material and liability or negligence.Carrier shall be liable for damage to property,other than the workmanship.For parts or components determined to be defective within one year equipment provided under this Agreement,and to persons,to the extent that from date of installation or before the termination date of this Agreement, Carrier's negligent acts or omissions directly contributed to such injury or property whichever is earlier,and in the case of service,determined to be defective within damage. Carrier's maximum liability for any reason(except for personal injuries) ninety(90)days of completion of that service,Carrier shall at its option repair, shall consist of the refunding of all moneys paid by Customer to Carrier under this replace,or issue a credit,for any such parts,components or service,provided Agreement,subject to right of removal and return of equipment provided under they were not damaged,abused,or affected by chemical properties. Any claim for this Agreement to Carrier. defective workmanship must be provided to Carrier in writing. THIS WARRANTY 13.WASTE DISPOSAL—Customer is wholly responsible for the removal and prop- IS IN LIEU OF ALL OTHER WARRANTIES,EXPRESS,IMPLIED OR STATUTORY er disposal of waste oil,refrigerant and any other material generated during the INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS term of this Agreement. FOR A PARTICULAR PURPOSE.Carrier's obligations to repair,replace,or issue 14.CLAIMS—Any suits arising from the performance or non-performance of this credit for any defective parts,components or service shall be Customer's exclusive Agreement,whether based upon contract,negligence,strict liability or otherwise, remedy. shall be brought within one(1)year from the date the claim arose. 6. PROPRIETARY RIGHTS—During the term of this Agreement and in combina- 15.G0VERNMENT PROCUREMENTS—Carrier offers standard commercial items tion with certain services,Carrier may elect to install,attach to Customer equip- that may not comply with Government specifications. Carrier does not comply ment,or provide portable devices(hardware and/or software)that shall remain the with the Cost Accounting Standards(CAS)or with the Federal Acquisition personal proprietary property of Carrier. No devices installed,attached to real Regulations(FAR). In no event shall Carrier provide any Cost or Pricing Data in property or portable device(s)shall become a fixture of the Customer locations. connection with this Agreement or subsequent modifications. Customer shall not acquire any interest,title or equity in any hardware,software, 16.SUPERSEDURE,ASSIGNMENT and MODIFICATION—This Agreement contains processes,and other intellectual or proprietary rights to devices that are used in the complete and exclusive statement of the agreement between the parties and connection with providing service on Customer equipment. supersedes all previous or contemporaneous,oral or written,statements. 7. DELAYS—Delays caused by conditions beyond the reasonable control of either Customer may assign this Agreement only with Carrier's prior written consent. No party shall not be the liability of either party to this Agreement. modification to this Agreement shall be binding unless in writing and signed by 8. CUSTOMER RESPONSIBILITIES—Customer shall: both parties. -Provide safe and reasonable equipment access and a safe work environment. SERVICEPLUS CN EQUIPMENT/CONTROLS DEVICE LIST �Zd 1' OA Item: Terminal- Fan CoilG `'�-' Quantity: All included in building Item: Water Pump Quantity: 4 Model Number Serial Number Description Location Chilled Water Pumps Mechanical Rm. Hot Water Pumps Mechanical Rm. Item: Air Handler- Central Station Quantity: I Model Number Serial Number Description Location AHU I AHU 2nd Floor Item: CONTROLLER-6400 Quantity: 1 Item: CONTROLLER- 640011/0 Quantity: 3 Item: AIR COMPRESSOR<= 10 HP Quantity: 1 Item: PNEUMATIC CONTROL VALVE 2.0-THRU4.0 INCHES Quantity: 1 Item: Reciprocating chiller-air cooled Quantity: 1 Model Number Serial Number Description Location 30GTNO90631 S Carrier Air Cooled Chiller Roof 0 Ll F-/6 is a Item: Boiler- Hot Water - Gas Fired Quantity: 2 Came,Cmpotahon PrmfeC m U S A 1298 8W306 SERVIGEPLUS SERVICE AGREEMENT SUMMARY Item: Reciprocating chiller- air cooled Quantity: I Serial Number(s): 2070F16750 Frequency: Tasks Year I Year 2 Annual Maintenance I t Routine Operuting Inspection I l Repair Services 0 AIR Item: Air Handier-Central Station Quantity: I Serial Number(s): AHLJ I Frequency: Tasks _ Year 1 Year 2 Annual Maintenance 1 1 Routine Operating Inspection I I Repair Services 0 AIR Filter Maintenance 4 4 Item: Water Pump Quantity: 4 Serial Number(s): Frequency: Tasks Year 1 Year 2 Annual Maintenance I I Routine Operating Inspection I I Repair Services 0 AIR Item: Terminal - Fan Coil Quantity: 1 Serial Number(s): Frequency: Tasks Year I Year 2 Routine Operating Inspection I I Repair Services 0 AIR Item: Boiler- Hot %Neater - Gas Fired Quantity: 2 Serial Number(s): Frequency: Tasks Year I Year 2 Annual Maintenance I I Repair Services 0 AIR Heating Start-Up I I Camei Comorabon Panted in is S A 120?. SERVICEPLUS Item: PNEUMATIC CONTROL VALVE 2.0-THRU-4.0 INCHES Quantity: 1 Serial Number(s): Frequency: Tasks Year 1 Year 2 Controls Routine Inspection I 1 Controls Repair Service 0 A/R Item: CONTROLLER- 6400 Quantity: 1 Serial Number(s): Frequency: Tasks Year 1 Year 2 Controls Routine Inspection I I Controls Repair Service 0 A/R Controls Tune,Calibrate and Test Service 1 I Item: CONTROLLER-6400 I/O Quantity: 3 Serial Number(s): Frequency: Tasks Year l Year 2 Controls Routine Inspection I I Controls Repair Service 0 A/R Controls Tune,Calibrate and Test Service I I Item: AIR COMPRESSOR<= 10 HP Quantity: 1 Serial Number(s): Frequency: Tasks Year 1 Year 2 Controls Routine Inspection I I Controls Repair Service 0 A/R Controls Tune,Calibrate and Test Service 1 I Carrier Corporation Priwed in U.S.A. 1298 808-306 i SERVICEPLUS SCOPE OF SERVICE PREVENTATIVE MAINTENANCE: ROUTINE OPERATING INSPECTIONS) Each Routine Operating 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. MULTI-YEAR PREVENTIVE MAINTENANCE Each Multi-Year Preventive Maintenance is to consist of the necessary preventive maintenance items performed at intervals greater than one year, which is in addition to the Annual. Preventive Maintenance tasks. The frequency of Multi-Year Maintenance items will be determined by manufacturer's published recommendations,equipment operating hours, inspection results and performed at the intervals indicated herein for each applicable equipment type. In the event the operation or conditions change which require a change in the multi-year frequency, CARRIER shall advise CUSTOMER in writing appropriate frequency changes and any agreement price adjustment. Multi-Year Preventive Maintenance includes the repair or replacement of parts and/or components whose normal wear indicates repair or replacement is needed including: all rotating assemblies, compressor valves/plates/cylinders, bearings, shaft, internal clearance adjustments, internal cleaning, refrigerant/solution charge transfer, complete equipment leak testing,evacuation and dehydration where applicable. ROUTINE CONTROLS INSPECTION Each Routine Controls Inspection is to consist of the tasks-actions listed herein for each control component,and is to be performed at the frequency listed. These inspections will be scheduled seasonally for a balanced assessment of the system design parameters. Carrier's technician shall verify the operation of Customer's system from the Control Components to the Controlled End Devices. Carrier shall also check the system's hardware and software (DDC—Carrier Comfort Network only)to insure that Customer's system is maintaining proper comfort levels. Customer shall be provided a detailed report of the service technician's findings upon the completion of the service inspection. CONTROLS TUNE,CALIBRATE AND TEST During Routine Controls Inspection(s), the Carrier Technician will tune, calibrate, test, and make required modifications to various control loops. This service will ensure optimum system performance and conserve energy. Carrier Corporation Printed m U.SA. 1298 81,18-306 SERVICEPLUS SCOPE OF SERVICE REPAIR SERVICE: MINOR REPAIRS Minor repairs shall consist of tasks which are performed during routine inspection(s)on an as needed basis that may require minor disassembly and removal of available inspection covers for minor repairs, measurements, and adjustments including replacement of routine expendable parts, controls, switches and indicator lamps. Labor and/or Material is to be included as indicated on the AGREEMENT. EMERGENCY CALLS(Unscheduled Service) Emergency Calls s hall b e p rovided when n ecessary to d iagnose p roblems a nd p erform minor a djustments b etween scheduled inspections. Unless otherwise indicated herein, Emergency Calls are to be available 365 days per year, 24 hours per day. REFRIGERANT LEAK REPAIR LABOR Refrigerant leak repair labor is included as indicated on the AGREEMENT. Leak repair labor consists of tightening bolts and flange fittings, replacing gaskets, replacing o-rings and if necessary welding, soldering or brazing to stop leaks of components or any refrigerant piping on or between two or more pieces of equipment. REFRIGERANT MATERIAL The percent of refrigerant material indicated on the SERVICE AGREEMENT is to be the percent of chiller's design refrigerant charge provided per year. The refrigerant provided is to be for the performance of any Major Operating Inspection(s),Routine Operating Inspection(s),Annual Preventive Maintenance,Multi-year Preventive Maintenance or any Repair Service tasks so indicated on the Service Summary Sheet(s)herein. Any refrigerant material stocked on the job site by CARRIER for equipment covered herein is to be in approved storage containers and in accordance with ASHRAE Standard Safety Code for Mechanical Refrigeration (ANSUASHRAE 15-1994). Unless otherwise specified, CARRIER has the option of stocking refrigerant on CUSTOMER'S job site or having access to local stock for immediate delivery. MAJOR REPAIRS Major repairs consist of the repair or replacement of moving parts, motor stators, motor rotors, and maintainable components that may have failed unexpectedly (except for those failures beyond CARRIER'S control as stated in General Provisions). Major Repairs include dip and bake motor windings where applicable. Labor and/or Material is to be included as indicated on the SERVICE AGREEMENT. CONTROLS,REPAIR OR REPLACEMENT Control Repair or Replacement consists of repairing, rebuilding or control replacement when necessary using available original manufacturer's specified repair parts, rebuild kits or recommended equal or better replacement components. Repair or Replacement includes control calibration and lubrication (where applicable) of all control devices including controllers and linkage for valves and dampers. NOTE: Valve and damper removal is NOT included in this service agreement. All labor to repair or replace parts found on the attached definition of covered components shall be performed during normal business hours: 8:00 A.M. until 4:30 P.rtf. Garner Corporation punted m U S A 1298 808 310t SERVICEPLUS SCOPE OF SERVICE PREDICTIVE MAINTENANCE: ANALYSIS OF FLUIDSITUBES CARRIER is to provide audits on the internal integrity of the refrigeration equipment by analysis at the frequency so indicated on the SERVICE AGREEMENT herein. CUSTOMER is to be advised of any dynamic or static parameters that may cause equipment problems. Analysis of Fluids/Tubes will be provided as indicated on the SERVICE AGREEMENT. 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 of this AGREEMENT,CARRIER shall schedule and complete such action(s). The following applies in lieu of the "WARRANTY" paragraph of the General Provisions with respect to Analysis of Fluids/Tubes only: WARRANTY: CARRIER guarantees the quality of all workmanship of the Analysis Service that is performed under this SERVICE AGREEMENT for a period of sixty(60)days after completion. Upon written notification within such period that the Analysis of Fluids/Tubes 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 do such services, CARRIER w711 reduce the SERVICE AGREEMENT price to reflect the reduced value of the Analysis of Fluids,/Tubes performed.CARRIER'S obligation to remedy any improperly performed Analysis of Fluidsrrubes or reduce the SERVICE AGREEMENT price for such services shall be the CUSTOMER'S exclusive remedy under this SERVICE AGREEMENT. Carries Cospwailon Printed m U S A 1298 80836fi SERVICEPLUS SCOPE;OF SERVICE GENERAL SERVICES: COIL CLEANING The coils indicated on the SERVICE AGREEMENT herein are to be cleaned at the interval(s) indicated. Coil cleaning consists of cleaning the coil air side surface to remove any airborne particles and dirt build-up using either brush cleaning, high pressure air, chemicals with low pressure wash or high pressure chemical spray at CARRIER'S discretion based on coil accessibility or if specified under separate cover. 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. 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 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 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 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. 1. 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. tamer corporation Fnnted m 11 11 A. 1298 808-306