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Res 207-83 10/18/1983RESOLUTION NO.7.— 7 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A SERVICE AGREEMENT WITH CARRIER BUILDING SERVICES FOR PREVENTIVE MAINTENANCE ON THE MEMORIAL AUDITORIUM AIR CONDITIONING SYSTEM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain service agreement, a copy of which is attached hereto, between the City and Carrier Building Services, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. PASSED AND APPROVED THIS THE 18th day of October 1983. ra i YOR ATTEST:411. 111Yry4 C. CITY CLERK Service Agreement This AGREEMENT entered into by and between: MUNICIPAL AUDITORIUM 1300 7TH STREET WICHITA FALLS, TEXAS 76301 Hereinafter referred to as "Customer" and CARRIER BUILDING SERVICES CARRIER CORPORATION Hereinafter referred to as "Carrier" 8/10/83 869A12025 PROPOSAL NO. PROPOSAL DATE AGREEMENT NO. UNITEDI//% TECHNOLOGIES CARRIER BUILDING SERVICES CARRIER Poge 1 of 7 S-60(12-81) 917-067 SERVICE AGREEMENT This AGREEMENT shall be administered by CARRIER'S office presently located at: 2354 GREAT SW PKWY FORT WORTH TEXAS 76106 Services to be provided at the CUSTOMER location(s) as indicated on the attached Schedule Sheet(s). The "Schedule Sheet(s)" indicated with an "X" below are attached to and part of this Agreement. F A Refrigeration Equipment E D Special Services •G Building Systems Operations B Boiler/Heating Equipment •:E Water Treatment 5H Packaged Equipment C System Equipment 5 F Filter Service CARRIER shall provide maintenance service in accordance with the "General Provisions", "Scope of Service", Schedule Sheet(s)",and"Amendment(s)"(if any)which constitutes an entire AGREEMENT and shall become valid after acceptance by CUSTOMER and approved 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 or employee shall have authority to waive any clause of this AGREEMENT unless approval is obtained from CARRIER in Syracuse, New York. The AGREEMENT price is $ 4668.00 per year payable $ 389.00 per month in advance beginning on the effective date of 10/1/83 This price to be adjusted annually as herein provided. During the warranty period for new equipment, the AGREEMENT price will be S per It is understood that the warranty expires Execution by Authorized Representatives: SUBMITTED By: ROLAND P DESJARDINS Date: 8/10/83 ACCEPTANCE: APPROVAL: CARRIER BUILDING SERVICES CARRIER CORPORATION By: By: TITLE TITLE ACCEPTANCE DATE APPROVAL DATE CARRIER Page 2 of 7 S-60A(12-81) 917-068 GENERAL PROVISIONS 1. AGREEMENT TERM shall start on the effective date and rer''a.n in effect from year to year unless terminated by either party at the end of any anniversary date cy giving at least thirty (30; days prior t.vritten notice t. * 2. ANNUAL PRICE ADJUSTMENT may, be performed or any anniversary date t.,,e`iect the increase,decrease ratio of change in material and labor costs. The matena! ratio c' change to be based on the former aria current t,published Producer Price Index for Metals and Metal Products. The tabor ratio of change to be bases on the former and current straight time hourly labor costs. 3. PAYMENT for this AGREEMENT shall be net upon receipt of invoice.CARRIER reserves the right to d,scontinue its S)r .•• service any time:.payments have not been made as agreed. In addition to the AGREE"vtENT price,the CUSTOMER shall pay CARRIER any applicable taxes or government charges.existing or imposed in the future.which are required in connection with the service or material furnished under this AGREEMENT. 4r CUSTOMER'SHALL permit access to building. permit use et oui ding services keep areas adjacent to the equip- t, 1.. t-.ment free of extraneous material, move any stock.fixtures.walls. or partitions needed to pertorm the work under this 44: :H AGREEMENT and promptly notify CARRIER of any unusual operarhg.conditions during the time'when CARRIER)s not ion..the job site.' :v 5NORMAL WORKING HOURS will apply to all services including major 'repairs performed under this t i.•. - ,,,':AGREEMENT except for unscheduled service if so indicated on Schedule Sheet(s). Services requested by CUSTOMER not covered under this AGREEMENT to be invoiced at CARRIERS prevailing labor and parts charges. ti"6...EXCLUDED from this AGREEMENT unless otherwise stated herein are repairs or replacement of items notnormallymechanicallymaintainablesuchasductwork,casings,caoinets.fixtures,structural supports,grillage;tower Tilt,water piping, steam piping, drain piping, boiler shell, boiler tubes, and cover refractory. Also excluded unless gifierwise stated herein are disconnect switches. circuitbreakers. steam side/air side corrosion or erosion. Water/brine side erosion,acid cleaning and damage beyond CARRIER'S control due to freezing weather.In the event r -• IwVater:treatment rs not.inciuded herein, corrosion damage to water/brine side of equipment is excluded l 'T LIABILITY FOR REPAIRS, replacements.alterations. additions.adjustments:repairs by others.or unscheduled 1 ,.• : h,;..a...i.•-calls"caused by negiigence,'abuse:misuse. building system design.'or any other cause beyond CARRIERS control si "• except normal wear)is not.part of this AGREEMENT. AI:'' '''Y0 CARJUER 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 rt'ISUch loss or damage is caused by negligent acts of omission or commission by CARRIER'S agents,employees,or 4 r .. ubcontractor5 ' t 9.,CARRIER SHALL NOT be required to perform tests install any items of equipment or make modifications that fir 1•:?;may•be recommended or directed by insurance companies, government, state, municipal or other authority. r . K, 10 DELAYS occasioned by conditions beyond the reasonable control of either party shall not be the liability of either party to this AGREEMENT. r; ' f i) _WARRANTY: CARRIER guarantees'that all labor provided under this AGREEMENT shall be performed in a rT!$ workmanlike manner,NO claim for defective workmanship may be brought upon any cause of action,however,unless y. gar: C o ,;,i,CUSTOMER,has provided CARRIER with written notice of such defect prior to the termination date or this pit 4GREEMENT:''` I, '' „ r,, e .!CARRIER also warrants against defects in materials,design and workmanship of all CARRIER manufactured part(s) y: ' sir comportpnf($)Aupptied hereunder until the termination date of this AGREEMENT. If any part(s) or component(s) houtd.prove defective during the aforementioned warranty period,CARRIER tali at its option repair,replace or issue ,t'+;asti¢redit for arty such items provided they were not damaged, abused. or effected by chemical properties. i 0••••'.0.,? 1,: HIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES. EXPRESS. IMPLIED OR STATUTORY INCLUDING THE'IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. I 1?CARRIER'S obligation to repair, replace, or issue credit for any defective part(s) or component(s) shall be • l.,, w?CUSTOMER'S exclusive remedy under this AGREEMENT. f` r t,, ..Part(s). component(s)'or services furnished by others to CARRIER carry the same guarantee to CUSTOMER as . 41 CARRIER receives.If the CUSTOMER has not selected the option for Replacement Parts or optional services set forthi-: . i any ... d wtthin the various schedules of this AGREEMENT,it is agreed that all replacement part(s).component(s)or services t'.4 i`'''supplied by CARRIER will be accepted subject to the CARRIER Conditions of Sale issued with each order. 4 ep!.-;12:NEITHER PARTY to this AGREEMENT shall hold the other responsible for any indirect or consequential I.4( 0 damages of commercial nature such as'but not limited to, loss of revenue or loss of use of any equipment or c c µ' 2CllitieS S4C r '- its,CARRIER'S MAXIMUM LIABILITY based upon any claim or cause of action(except forpersonal injury)shall not3• u ' a. :_ tom..-,''.1'''::. A.'. ,:.' '" i1 si exceed the yearly contract price of this AGREEMENT. c , X4, 4 BOTH PARTIES agree that any claim arising from the performance or nonperformance of this AGREEMENT, ., j - -Nether based upon contract,negligence,strict liability or otherwise.shall be brought within one(1)year from the date _ r, , e t ti claim arose - `..a,.1 , ti;:;• 1.'' ,,,*..AMENDMENT: :The price for services described in this Agreement is .subject to r adjust on any anniversary date to reflect Carrier's prevailing rates, by gor., CARRIER Page i of 7•- ? •iving at'least'45 days notice to the customer. it raeg . „ ,.5 . ..-.of _...., 9 Pages SCOPE OF SERVICE 1.0 ROUTINE OPERATING INSPECTIONS to be provided by CARRIER such that the equipment listed herein receives at least the number of inspections per year as stated on the attached Schedule Sheet(s). Each inspection to be in accordance with CARRIER'S standards and unless otherwise stated herein to consist of but not limited to the following: 1.1 LOG EQUIPMENT noting: general condition, operating data. noises. vibration, temperatures and pressures where applicable including review of past operating reports. 1.2 INSPECTION REPORTS to be completed and submitted to CUSTOMER after each scheduled inspection. 1.3 LUBRICATE, check and adjust equipment oil level as required. 1.4 ALL CONTROL DEVICES including 9 auges, dampers, thermostats, capacity overloads, pressure controls,temperature controls and safety controls located on the equipment listed herein to be inspected and placed in normal operating mode as applicable. 1.5 REFRIGERANT, SOLUTION AND WATER charge of equipment to be checked and adjusted as applicable. 1.6 ROUTINE VENTING of pumps,coils and air traps located at equipment listed herein to be performed as required. 1.7 RECOMMEND those changes, if any, to the equipment listed herein which should be considered to reduce CUSTOMER'S overall operating costs and/or improve equipment performance. 1.8 OPERATING INSTRUCTIONS to be provided to a representative employed by CUSTOMER who is designated to receive and carry out such instructions on applicable equipment. 2.0 ROUTINE STOP INSPECTION to be provided by CARRIER such that the applicable equipment listed herein receives at least one stop inspection each year on a routine basis according to CARRIER'S standards.Unless otherwise stated herein each annual Routine Stop Inspection to consist of but not limited to the following: 2.1 ALL ROTATING EQUIPMENT listed herein to be inspected as applicable including associated components such as couplings, drives, belts and holddown bolts. 2.2 MOTOR ELECTRICAL INSULATION and wiring insulation between motor and starter on all hermetic compressors (except fractional H.P. motors), primary pumps, cooling towers and all other large motors included herein to be checked in accordance with the manufacturer's recommendations. 2.3 ELECTRICAL CONNECTIONS, switches, relays and contactors to be inspected for tightness. alignment, contact condition and checked for proper operation. 2.4 STRAINERS and piping dirt legs located at the equipment listed herein to be inspected as required. 2.5 CALIBRATION or functional checks, adjustments, and dry runs to be performed on applicable equipment and control devices located on the equipment listed herein. 2.6 STARTERS associated with the equipment listed herein to be inspected as required. CARRIER Page 4 of 7 S-60B 4-6O ?17-069 SCOPE OF SERVICE CONTINUED 3.0 OPTIONAL SERVICES to be provided by CARRIER on the equipment listed herein to be part of this AGREEMENT if so indicated on the attached Schedule Sheet(s). In the event any of these items are not included. CARRIER will recommend to CUSTOMER the appropriate preventive maintenance and needed repairs. 3.1 ROUTINE ANNUAL MAINTENANCE labor to provide those routine tasks which do not require dis- assembly including:annual oil change,replace oil filters,replace refrigerant dryer cores,routine leak testing, clean drain pans,clean strainers and pipe dirt legs,clean starters and electronic modules,and provide touch- up painting to protect from deterioration. 3.2 MINIIRCHIMINIC PREVENTIVE MAINTENANCE labor to provide those recurring tasks which are performed on a yearly cycle that may require minor disassembly and removal of available inspection covers for internal inspections, measurements and adjustments i-; - r•. • - - • ... - ::- s :. water pump bcaringo, pump packing, float valves, repair refrigerant leaks and maintenance of refrigerant 3.3 MULTI-YEAR MAJOR STOP MAINTENANCE labor to provide those preventive maintenance tasks which normally require major disassembly.overhauling, re-assembly, and on refrigeration equipment may require complete leak testing and dehydration. This service to be provided such that the applicable equipment listed herein receives at least the multi-year major stop maintenance which is in addition to the above scope of service and is performed at intervals greater than one year according to CARRIER'S standards. The intervals of the multi-year major stop maintenance to be determined by CARRIER'S best judgement based on: equipment application, operating hours, age, and routine inspection results. Unless otherwise stated herein, the multi-year major stop maintenance to include: 3.3.1 T7lafor n ernaTlV1-aNnlenaCnRca to repair or replace those parts and/or components whose normal wear indicates repair or replacement is needed including all necessary maintenance tasks to perform internal: cleaning, clearance adjustments, bearing maintenance, shaft maintenance, and those preventive maintenance tasks that are required to keep equipment in good operating condition. et(S).• a , - . - . .- - .:: ng•inspeetions,-stop inpeefiiorrranc}the•servee-optiarrs-that-are 11 ts CARRIER Page 5 of 7 REFRIGERATION EQUIPMENT SCHEDULE A. MUNICIPAL AUDITORIUM CUSTOMER CARRIER PROPOSAL NO 1300 7TH STREET 8/10/83 LOCATION PROPOSAL DATE WICHITA FALLS, TEXAS 76301 869A12025 AGREEMENT NO 10/1/83 EFFECTIVE DATE The equipment listed below to be inspected at least 6 times annually consisting of: 5 ROUTINE OPERATION INSPECTIONS and 1 ROUTINE STOP INSPECTION. OPTIONAL SERVICES are included or not included as indicated by the X" under the "YES" or "NO". YES NO ITEM Cl 1. ROUTINE ANNUAL MAINTENANCE. MINIMAL DISASSEMBLY gr ,,,. r,:!64i j ` iT*,',4 g * . 4 MINOR DISASSEMBLY CI 3. MULTI-YEAR MAJOR STOP MAINTENANCE.INCLUDES ITEMS 1 AND 2 MAJOR DISASSEMBLY S.ci:?r• `$P`iS 1 ," gia'=® A ni t 'Y°'" ,-,a'b`.: i ..,` a: 1 5.REPLACEMENT PARTS PROVIDED AS REQUIRED. OPTIONAL SERVICES DO NOT CUPARTS U INNLLESDE S 5 OR 5A ARE REPLACEMENT X"YES 6. UNSCHEDULED SERVICE PROVIDED AS REQUIRED. 1X1 7. ANALYSIS SERVICE AS DESCRIBED HEREIN. ter. Cy'{•p ' q. ,. u!. y..y E k ,}*ky_R,{t9 + 3y' ylw. 9i E ,i ; c r Y.'r?"ti `a.'" a,c j, ti.<... 'q 9. INSPECT TUBES WITH HEAD REMOVAL/REPLACEMENT BY CARRIER. IBM C] ® 10.BRUSH CLEAN TUBES AS INDICATED.MUST ALSO INCLUDE ITEM 9 OR 9A CONDENSER UP TO TIMES PER YEAR COOLER UP TO — TIMES PER — YEAR(S) ABSORBER UP TO — TIMES PER YEARIS). C d! 3 C 1 0 Q 11A.WATER/BRINE SIDE TUBE RESPONSIBILITY ONLY WHEN AGREEMENT INCLUDES SCHEDULE E. MUST ALSO INCLUDE ITEMS 3 AND 9 OR 9A EQUIPMENT LIST QUANTITY MANUFACTURER COMPONENT MODEL NO. SERIAL NO 1 CARRIER ABSORBER 16HA041 3398 CARRIER Page 6 of 7 S-60C(2-83) 917-070 CARRIER BUILDING SERVICES WILL PROVIDE ONE (1) LITHIUM BROMIDE ANALYSIS EACH YEAR. THE BROMIDE SAMPLE WILL NORMALLY BE TAKEN DURING THE ANNUAL STOP INSPECTION AND A FORMAL REPORT WILL BE PROVIDED THE CUSTOMER UPON REQUEST. CARRIER Page 7 of 7 S-60P 4-80) 917-082