Loading...
HomeMy WebLinkAboutHarrison Energy Partners HVAC 2024 WINI'Maintenance P--Wpftw Scheduled Maintenance Fitzhugh Park Community Center Contract PROPOSAL#SA00261 Valid Agreement Start Date 1/1/2024 Prepared for Fitzhugh Park Community Center 1420 20th St. Batesville,AR 72501 Prepared by Daniel Nehus 501-661-0621 DNehus@harrisonenergy.com *,Harrison Energy Partners Commercial HVAC Excellence WE ARE p The freedom to do and outd)is the HEP d-ference. champi :9B s We em ower success for our partners by delivering comfort and control no matter what.Your building's OF FREEDOM purpose stays the focal point with a team focused an your success,today and tomorrow. r AVAIW r 7 7 FREEDOM FREEDOM FREEDOM AROUND THE CLOCK FROM FAILURE TO CHOOSE AND AROUND THE CORNER Experience equals safety with Choice is the ultimate Respect the unexpected long-tenured HVAC experts expression of confidence. with 24/7 service and local who anticipate hidden Clients choose us,year after techs dispatching from four challenges that stall progress. year,because we provide offices across Arkansas Take comfort with the endless custom solutions as and Oklahoma.No matter confidence that safe and well as open protocol systems who broke it,we'll be there innovative solutions are at —creating the ultimate level to fix it. the core of everything we do. of access and control. IMF • HVAC Lines i Over Associates SAFETYRATING • • -. CI + BCS Technicians Represent • :0• 50 journeymen Largest HVAC Manufacturer Calls Annually Page 12 a ExecutiveOra—liew Jeff Owens 1420 20th St. Batesville, AR 72501 Dear Jeff Owens, Thank you for taking the time to meet with me and giving Harrison Energy Partners the opportunity to provide this proposal for mechanical systems services. We are committed to working with you to ensure your building serves the needs of your organization. By choosing to protect your HVAC assets with a maintenance agreement, you are: • extending the life of the system, • receiving better labor rates, • finding problems before they become problems, • easing the burden on your internal maintenance team, • protecting your asset, • and creating energy savings. According to the U.S. Department of Energy and the Building Owners and Managers Association (BOMA) energy savings of 5 to 30% can be realized through improved operations and maintenance of building systems. After careful survey of your mechanical systems, discussions with your staff, and evaluation of financial information, we present the following recommendations for system improvements and planned preventive maintenance. Thank you again for your time, we look forward to working with you! Respectfully, Harrison Energy Partners Daniel Nehus '2 �ti ProgramOw�rlN There are numerous benefits to ensuring the overall health of your mechanical systems with a well-planned preventative maintenance program.Not only are routine maintenance activities required by equipment manufacturers in order to keep warranties in effect, they protect capital investments in expensive mechanical equipment, reduce system downtime, and ensure that equipment is running efficiently, thereby helping to control energy costs and management to adhere to operational budgets. Professional Preventive Maintenance This program includes the highest level of professional preventive maintenance. Preventive maintenance services will be determined based upon your business objectives, risk tolerance, manufacturer's recommendations and our industry i� experience.This level of professional preventive maintenance is designed to keep your mechanical assets operating at peak performance to maximize equipment life while reducing operating cost and energy consumption. Maintenance Supplies lak This program includes all required maintenance supplies to effectively implement our Professional Maintenance Program. Maintenance Supplies include a variety of materials that is required to ensure all of the serviced equipment and system are proactively services based on manufactures recommendations,specifications and our experience. kw. J Equipment Coamags Protect your equipment like its lifespan depends on it. Assets Qty Equipment Manufacturer Model Serial# Rating Location area Served I BLR 1 Lochinvar CPN0502 15 HP Pool Pump Room Pool Area 1 BLR 2 Lochinvar CPN0992 30 HP Pool Pump Room Pool Area 1 BLR 3 Lochinvar PBN1501 50 HP AHU Mech Room AHU/Fan Coil 1 BLR 4 Lochinvar PBN1501 50 HP AHU Mech Room AHU/Fan Coil 1 BLR 5 Lochinvar PBN1501 50 HP AHU Mech Room AHU/Fan Coil 1 BLR 6 Lochinvar ERN252-A 7.5 HP e 15 . : Maintenance " Assets Annual Coif Filter Annual Belt Qty tinitDesc. Type SPRING SUMMER FALL NI'IN TER CleaningChanges Changes I BLR I BLR-GAS- 1 0 0 1 0 0 0 HW BLR-GAS- 1 0 0 1 0 0 0 1 BLR 2 HW 1 BLR 3 BLR-GAS- 1 0 0 1 0 0 0 HW 1 BLR 4 BLR-GAS- 1 0 0 1 0 0 0 HW 1 BLR 5 BLR-GAS- 1 0 0 1 0 0 0 HW 1 BLR 6 BLR-GAS- 1 0 0 1 0 0 0 HW Page 16 -Scope Scheduled Maintenance Program Routine maintenance inspections are performed throughout the year. The schedules of Maintenance will be determined with Client input. Emergency Service Emergency service and repairs are available on a 24-frour-per-day basis and will be invoiced at the prevailing straight- time or overtime Agreement rates. The after-hours phone number is (501) 661-1058. Major Repair Labor All labor to diagnose, repair, or replace failed components of the equipment covered under the provisions of this agreement shall be provided as authorized and invoiced above and beyond the fee of this agreement. Replacement Parts and Components Parts and materials shall be provided as authorized and invoiced extra to the fee of this agreement. Inspections This coverage includes one(1) comprehensive annual inspection and one(1) periodic maintenance inspection per year. Written Reports Written reports will be provided to the Client representative following each regular inspection or emergency call. Preferential Service and Agreement Service Rate This Agreement includes preferential service to the Client over non-Agreement customers. For work outside the scope of service,the specified Agreement rate applies.This rate is subject to adjustment. Agreement Service Rate: 15%discount off current published rate per hour straight time. xs 'iWN?.? 'g :..- g � r s via � _ ,Maintenance Company Proposal Date: 12/7/2022 Harrison Energy Partners Proposal Number:SA00261 1501 Westpark Dr.,Ste.9 Agreement Number: Little Rock,AR 72204 Ph:501-661-0621 Fax: 501-661-9109 Bill To Identity Agreement Location Fitzhugh Park Community Center ! Fitzhugh Park Community Center 1420 20th St. 1420 20th St. Batesville,AR 72501 Batesville,AR 72501 Attn:Jeff Owens Attn:Jeff Owens Harrison Energy Partners will provide the services described in the maintenance program indicated below, MAINTENANCE PROGRAM: Scheduled Maintenance SCHEDULES:*Equipment Schedule*Air Filter Service*Equipment Pictures Agreement coverage will commence on 1/1/2024. The Agreement price is$7,563.00 per year,payable in advanced installments of$7,563.00 per Annual beginning on the effective date of 1/1/2024 through 12/31/2024. (State and local taxes not included.) This Agreement is the property of Harrison Energy Partners and is provided for Customer's use only.Harrison Energy Partners guarantees the price stated in this Agreement for thirty(30)days from proposal date above.This Agreement is for an initial term of 1 year and shall renew for successive one year terms unless either party gives written notice to the other of intention not to renew thirty(30)days prior to any anniversary date.Upon execution as provided below,this Agreement,including the following pages attached hereto(collectively,the"Agreement"),shall become a binding and enforceable agreement against both parties hereto. Customer,by execution of this Agreement,acknowledges that it has reviewed and understands the attached terms and conditions and has the authority to enter into this Agreement. Harrison Energy Partners(Company) Custo er Signature(Authorized Representative) Signatur (Authorizeres ive Daniel Nehus '& Name(Print/Type) Name(Print/Type) 501-661-0621 y 12 jv Phone Title SA00261 J / �/ y Date Proposal# Date PO# y,�?h <m,: - .�s,« $ "is�,8�"? �, �� ;.'K�A".�'ei'g'.�.t � K # Y '�s,'"A 1•' �•c,r s-�K ? � ,'d#t y,s�g. ,ai`. r N 4 W, •.x ',_.,� Scheduled Maintenance Program This agreement provides the Customer with an ongoing,comprehensive maintenance agreement for the lifetime of the contract and all renewals thereof.This agreement will be initiated,scheduled,administered,monitored and updated by the Service Provider.The service activities will be directed and scheduled,on a regular basis,by our comprehensive equipment maintenance scheduling system based on manufacturers'recommendations,equipment location,application,type,run time,and Service Provider's own experience.The Customer is informed of the agreement's progress and results on a continuing basis via a detailed Service Report,presented after each service call for Customer's review,approval signature and record. Harrison Energy Partners and its affiliates are not Trane Authorized Dealers,Distributors,or Service Providers. WE WILL PROVIDE THE FOLLOWING PROFESSIONAL MAINTENANCE SERVICES FOR THE BUILDING ENVIRONMENTAL MECHANICAL SYSTEM(S)COMPRISED OF THE EQUIPMENT LISTED ON SCHEDULE 1 (INVENTORY OF EQUIPMENT): TEST AND INSPECT: On-Site labor,travel labor and travel and living expenses required to visually INSPECT and TEST equipment to determine its operating condition and efficiency.Typical activities include: *TESTING for excessive vibration; motor winding resistance; refrigerant charge; fan RPM; refrigerant oil (acid); water condition; flue gas analysis;safety controls,combustion and draft;crankcase heaters,control system(s),etc. *INSPECTING for worn,failed or doubtful parts;mountings,drive couplings;oil level;rotation;soot;flame composition and shape; pilot and igniter;steam,water,oil and/or refrigerant leaks,etc. PREVENTIVE MAINTENANCE:On-Site labor,travel labor and travel and living expenses required to clean,align,calibrate,tighten, adjust and lubricate equipment.These activities are intended to extend equipment life and assure proper operating condition and efficiency.Typical activities include: *CLEANING coil surfaces; fan impellers and blades; electrical contacts; burner orifices; passages and nozzles; pilot and igniter; cooling tower baffles,basin,sump and float;chiller,condenser and boiler tubes,etc. *ALIGNING belt drives;drive couplings;coil fins,etc. *CALIBRATING safety controls;temperature and pressure controls,etc. *TIGHTENING electrical connections;mounting bolts;pipe clamps;refrigerant piping fittings;damper sections,etc. *ADJUSTING belt tension; refrigerant charge; super heat;fan RPM; burner fuel/air ratios; gas pressure; set point of controls and limits;compressor cylinder unloaders;damper close-off;sump floats,etc. *LUBRICATING motors;fan and damper bearings;valve stems;damper linkages;fan vane linkages,etc. REPAIR AND REPLACE NOT INCLUDED: Labor, travel labor, parts procurement labor (locating, ordering, expediting, and transporting) and travel and living expenses required to REPAIR or REMOVE AND REPLACE broken, worn and/or doubtful components and/or parts will be extra charge. en - Scheduled Maintenance Terms and Conditions 1. William A. Harrison, Inc. d/b/a Harrison Energy Partners (hereinafter"HEP") shall perform its proposal, maintenance agreement, and these parameters,when signed by both parties(collectively,the "Agreement"), by trained mechanics directly employed or supervised by HEP and qualified to keep Client's equipment operating properly. 2. HEP shall not be required to furnish any item of equipment recommended or required by any insurance company or federal, state,or local government or other regulatory authority. 3. HEP's invoices are due upon receipt.The person or entity identified in HEP's proposal as the customer(hereinafter"Client")shall be responsible for all taxes applicable to the services and/or materials hereunder.Should any payment due by Client become 30 days or more delinquent,HEP may give written notice to Client of such delinquency. If full payment of the delinquent amount is not made within five(5) business days after the date of such notice, HEP has the option to declare this Agreement terminated, and if so terminated, all monies owed by Client shall be immediately payable upon written demand. The maximum interest rate allowed by law may be charged on delinquent accounts over 30 days. 4. The original term of this Agreement shall be for one(1)year from the execution of this Agreement and will renew automatically for additional one-year terms unless either party shall furnish the other party written notice of termination no later than 30 days prior to the end of any yearly term of the Agreement.The Agreement may also be terminated as provided in Sections 11 and 17.1 below. 5. The annual Agreement price is subject to adjustment upon each renewal term to reflect increases in labor,material and other costs. 6. All planned preventive maintenance service work under this Agreement is to be performed during the regular working hours of our regular working days,Monday through Friday,excepting state and federal holidays. 7. Client agrees to use exclusively HEP for the service and repair work of the listed equipment and promptly notify HEP of any condition of the equipment that is unusual or that may adversely affect its operation and reliability.Should anyone other than HEP's personnel perform such work,HEP may,at its option,cancel this Agreement or eliminate the involved item of equipment from inclusion in this Agreement.HEP shall not be required to make replacements or repairs necessitated by reason of Client's negligence or other abuse or misuse,or by reason of any other cause beyond HEP's control,including but not limited to equipment that has exceeded its useful life or faulty design of the equipment or system, unless designed by or on behalf of HEP. 8. When emergency or regular service is made at Client's request under the Agreement and such service is caused by Client's improper operation or misuse of the equipment,or by any other cause beyond the control of HEP,HEP reserves the right to charge Client for such emergency call, repairs and/or replacements in accordance with the then current service labor rates,subject to the rate provisions,if any,listed in the proposal's scope of services("Scope of Services").In the event that a given piece of equipment,part,or component requires replacement or repair,HEP reserves the right to decide it its sole discretion whether the component,part,or.equipment shall be repaired or replaced to maintain optimum operation of that equipment. Prompt notice of that decision will be given to the Client. If a service call is made at Client's request, and an inspection indicates a condition which is not covered under this Agreement,HEP may charge Client at the rate then in effect for such services and materials. 9. Unless otherwise provided in the Scope of Services, this Agreement applies only to the maintainable and moving portions of the system(s). Unless otherwise provided in the Scope of Services,the Agreement does not include the maintenance,repair,or replacement of:recording or portable instruments, electrical disconnect switches, casing or cabinets, ductwork, boiler shell and tubes, cabinets, main power service and electrical wiring,circuit boards,piping,refrigerant, refrigerant piping,the replacement of refrigerant, refrigerant systems,or refrigerant types due to system leaks or changes in law and/or regulation,DDC Controls,tube bundles,valve bodies,heat exchangers,evaporator or condenser coils,structural supports,gas valves,oil storage tanks and other similar items,insulation of any equipment,damage from freezing,damage from power fluctuations,corrosion,electrolysis,drain stoppage or plumbing beyond equipment,gas lines,domestic water lines,non-moving parts of heating,cooling and ventilating equipment such as interconnecting communication wiring,ductwork,boiler shell,tubes and refractory material and other like items,air balancing,cooling tower framework and fill,any asbestos related work,chemical or water treatment,and other special equipment required by insurance,government regulations,or codes. 10.Client shall provide HEP with reasonable means of access to equipment being serviced. HEP shall be permitted to start and stop all equipment necessary to perform the herein-agreed services as arranged with,and approved by(such approval will not be unreasonably withheld),Client's representative, provided that HEP will not unreasonably interfere with the Client's business or the operation of the Client's facility. Service Provider shall not be required to move,replace,or alter any part of the building structure in the performance of this Agreement. 11.It is mutually understood that the listed equipment is in proper operating condition. If,upon HEP's initial inspection of the equipment or system, HEP determines that repairs are necessary,the rates in the Scope of Service will not be effective until the repairs have been completed by HEP at then prevailing labor and material rates. If Client does not authorize the repairs, HEP may either terminate this Agreement or remove the unacceptable system(s),component(s)or part(s)from its scope of responsibility and adjust the annual agreement price accordingly. 12.Harrison Energy Partners and its affiliates are not Trane Authorized Dealers,Distributors,or Service Providers. 13.In the event of riot,war, rebellion,fire,flood,act of God,terrorism,act of governmental authorities or any other cause beyond the control of the parties hereto which renders it impossible for either party to comply with the terms of this Agreement(a Force Majeure Occurrence),there shall be no liability for non-compliance caused thereby during the continuance thereof; provided, however, in the event of any such Force Majeure Occurrence affecting a party's ability to perform hereunder,such party shall use its reasonable efforts to eliminate the cause of such inability to perform and shall perform to the fullest extent it is able under the circumstances. In addition,during the period of any Force Majeure Occurrence affecting HEP's ability to perform the services,Client shall be entitled to contract with and receive services from other sources and shall have no obligation to pay HEP any amounts otherwise due to HEP allocable to the period of such Force Majeure Occurrence.HEP shall not be liable for any delay, loss, damage, or detention caused by the unavailability of machinery, equipment, or materials, delay of carriers,or strikes,including those by HEP's employees. HEP SHALL NOT BE LIABLE FOR LOSS OF USE, LOSS OF PROFIT, INCREASED OPERATING OR MAINTENANCE EXPENSES, CLAIMS OF CLIENT'S TENANTS OR CLIENTS,OR ANY SPECIAL,INDIRECT,INCIDENTAL,PUNITIVE,OR CONSEQUENTIAL DAMAGES. 14.For services and materials not covered under the Scope of Services that are performed by HEP upon Client's authorization,Client agrees to pay HEP upon presentation of itemized invoice(s)at HEP's then current labor,transportation,and material charges,subject to the rates,if any,set forth in the Scope of Services. 15.In the event that either party is forced to bring legal action to enforce this Agreement,the prevailing party shall be entitled,in addition to any judgment for damages which it receives,to recover reasonable attorney fees and costs of litigation.Any legal action against HEP relating to this Agreement shall be commenced within one(1)year from the date that HEP provided the applicable labor or materials.Any claims commenced after this one(1)year period are void. 16.This Agreement covers the complete understanding between parties and shall become a valid Agreement only when accepted by Client and subsequently approved in writing by an officer or agent of HEP.No verbal representations shall be binding on either party. 17.This Section 17,described in the following paragraphs A through J including Miscellaneous sub-paragraphs a through f,is as follows: A. In the performance of the Services,HEP shall at all times comply with all applicable laws,ordinances,statutes,and rules and regulations relating to HEP or HEP s performance of the Services, including without limitation those promulgated by federal, state, county, and municipal governing bodies. B. HEP shall carry and maintain policies of insurance in accordance with the following: C. At all times during the term of this Agreement,HEP shall procure and maintain with insurers reasonably acceptable to Client(a)worker's compensation insurance and (b) comprehensive general liability insurance with a minimum liability coverage of Two Million Dollars ($2,000,000). D. Priorto execution of this Agreement,if requested by Client,HEP shall furnish Client with a certificate of insurance for all policies of insurance required hereunder,stipulating that the insurer shall furnish Client thirty(30)days prior written notice of any cancellation,non-renewal or material change in the insurance coverage.Client shall be named as an additional insured by endorsement,except with respect to worker s compensation insurance. HEP shall maintain the comprehensive general liability insurance described above for not less than one year after the expiration or earlier termination of this Agreement and will pay all premiums on all policies as and when the same become due. E. HEP warrants that Services performed by HEP for Client and all equipment and materials furnished to Client will be of good quality and workmanship, lien-free,free from defects, and in compliance with all applicable governmental requirements and regulations. Standard original manufacturer product warranty terms apply to parts and equipment provided by HEP.HEP MAKES NO OTHER WARRANTIES.HEP'S LIABILITY UNDERTHIS WARRANTY IS LIMITED TO THE COST TO REPAIR OR REPLACE EQUIPMENT,THE DECISION OF WHICH IS WITHIN HEP'S SOLE DISCRETION,AND SUCH REPAIR OR REPLACEMENT SHALL BE CUSTOMER'S SOLE REMEDY.This warranty is conditioned upon proper operation and maintenance by Client and shall not apply if the failure is caused or contributed to by accident,alteration,abuse,or misuse, and this warranty shall not extend beyond the term of this Agreement. F. HEP shall indemnify and hold Client harmless from and against any and all liability, losses, costs, and expenses (including reasonable attorney's fees)for all damage or injury of any kind or nature(including death)to any person and for all property damage to the extent caused by or resulting from the negligence or fault of HEP, its employees,agents,and representatives. Client shall indemnify and hold harmless HEP,its agents and employees from and against all claims,damages,losses and expenses,including but not limited to attorneys' fees,arising out of or resulting from the performance of work hereunder,to the extent caused by an active or passive act or omission of Client,anyone directly or indirectly employed by Client,or anyone for whose acts Client may be liable. Further,HEP shall not be liable to Client for any claims,liabilities,damages,losses,and expenses related to mold or the creation of mold at Client's location(s)and shall have no obligation to treat,identify,or remove such mold. G. HEP shall not be liable for the indoor air quality of the Client's facility,including without limitation injury or illness to occupants of the facility or third parties,arising out of or in connection with the HEP's work under this Agreement. H. Any information of Client or relating to Client's business,which HEP obtains as a result of the work contemplated by this Agreement,which information is not generally available to the public,shall be considered"Confidential Information." All requests for Confidential Information shall be directed to Client's representative,who will determine in his/her sole discretion whether disclosure of the requested Confidential Information is necessary to enable HEP to perform the Services.Regardless of how it is obtained,HEP shall not disclose to any third party or parties,or use,except expressly for the sole purpose of performing its obligations under this Agreement,any Confidential Information given to HEP by Client or learned or developed during the course of the Services except that HEP may disclose such Confidential Information to its employees, agents, consultants, counsel and contractors (collectively, "Representatives' ) who need to know such Confidential Information in order for HEP to perform under the Agreement. HEP shall cause all such Representatives to comply with the provisions of this paragraph H. Confidential Information excludes information that:a. is presently in HEP's possession,provided that such information has not been obtained from Client and that such possession can be demonstrated by HEP's written records;b.is,or becomes,generally available to the public,through,for example,such sources as patents or other generally circulated publications,and such availability to the public does not result from any fault of HEP;c.is received by HEP in written form from a third party having no obligation to Client to keep it confidential;or d.is independently developed by HEP provided that such development can be demonstrated by HEP's written records. I. This Agreement may be terminated (a)by Client,for its convenience, upon 30 days prior written notice, (b)by either party, if the other party commits a breach of any provision of this Agreement(other than for non-payment,which is covered in Section 3 above)and such breach continues for a period of thirty(30)days following written notice,(c)by either party,effective immediately,if the other party files, or has filed against it,a petition for voluntary or involuntary bankruptcy or pursuant to any other insolvency law or makes or seeks to make a general assignment for the benefit of its creditors or applies for or consents to the appointment of a trustee,receiver or custodian for its or a substantial part of its property or(d) by either party, in the event of a Force Majeure Occurrence(as defined in Section 13 to the Agreement)affecting the other party which continues for more than sixty(60)days.In the event this Agreement is terminated prior to the expiration of any yearly term,Client shall be entitled to a prorata refund of the portion of any pre-paid annual service fee allocable to the portion of the contract year that follows the date of termination. J. Miscellaneous a. HEP shall have the same obligations and responsibilities as set forth in the Arkansas Mechanics and Materialman's lien statutes applicable to its work under the Agreement. b. This Agreement and any disputes arising under or related thereto(whether for breach of contract,tortious conduct or otherwise)shall be governed by the laws of the State of Arkansas,without reference to its conflicts of law principles. c. HEP s employees shall not be treated as employees of Client or its parent companies,subsidiaries or affiliates for any reason,including benefit plans,employment policies,disability laws,and unemployment and workers compensation. d. This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter specified herein and all prior or contemporaneous oral and all prior written documents with respect to the subject matter hereof are hereby superseded.No failure of either party to enforce any provisions hereof shall constitute a waiver by that party of its right subsequently to enforce the same or any other provision hereof.No waiver of any provision of this Agreement shall be effective unless in writing and signed by the party claimed to have waived such provision. e. The parties voluntarily waive their respective right to trial by jury of any disputes arising hereunder. f. The parties hereby agree that with respect to any dispute arising hereunder,the Courts in Pulaski County,Arkansas shall have exclusive jurisdiction and venue. g. The parties hereby incorporate the requirements of 41 C.F.R. 60-1.4(a),41 C.F.R. 60-250.5(a)and 41 C.F.R. 60-741.5(a). "We are an equal opportunity and affirmative action employer and we do not discriminate based on race, color, religion, sex, national origin, persons with a disability,or status as a protected veteran". 18.Client shall make available to HEP's personnel all pertinent Material Safety Data Sheets(MSDS) pursuant to OSHA'S Hazard Communication Standard Regulations. 19.HEP's obligation under this Agreement does not include the identification,abatement or removal of asbestos or any other toxic or hazardous substances, hazardous wastes, or hazardous materials. In the event such substances, wastes, and materials are encountered, HEP's sole obligation will be to notify the Client of their existence.HEP shall have the right thereafter to suspend its work until such substances,wastes,or materials, and the resultant hazards, are removed. The time for completion of the work shall be extended to the extent caused by the suspension,and the contract price shall be equitably adjusted.