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HomeMy WebLinkAbout4619 Vendor Subject Department Status Code Amount Begin Date End Date Review Date Insurance Comments AIR SYSTEMS Maintenance Parks SVC $15684.00 01/01/2007 12/31/2009 11/01/2009 Contract Number 4619 ENGINEERING INC - Jarstad Aquatic Center HVAC File Class LEG 12-1 GL AL E&O $2000000.00 Insurance Total $ $1000000.00 Insurance Review Date $ MAINTENANCE SERVICES AGREEMENT Glenn J arstad Aquatic Center HV AC Comprehensive Planned Maintenance Agreement Air System Engineering, Inc. The City of Bremerton ("City") and Air Systems Engineering, Inc. ("Contractor"), referred to collectively as the "Parties," enter into the following Agreement for services: I. Scope: The Contractor agrees to perform the services more specifically described in the Scope of Work, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.G. of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Contractor agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Contractor the amount of$5,228.00, plus Washington State Sales Tax. The Contractor shall bill the City quarterly as defined under the Financial Considerations of attached Exhibit A. Upon receipt of a conforming billing statement, the City shall promptly process payment. Contractor shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Contractor shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit A. IV. Relationship of Parties: Contractor represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Contractor and its personnel are independent Contractors and not employees of the City. Contractor and its personnel have no authority to bind the City or to control the City's employees and other Contractors. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-Contractors of the Contractor. Contractor will be solely and entirely responsible for its acts and for the acts of Contractor's agents, employees, representatives and sub-Contractors during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Contractors to perform the same or similar work. City of Bremerton/Air Systems Engineering, Inc. Jarstad Aquatic Center HVAC Maintenance Agreement 07 Page 1 of 6 As an independent Contractor, Contractor is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Contractor or its personnel. As an independent Contractor, Contractor is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Contractor. V. Indemnification: Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement, except for that portion of the injuries and damages caused by the City's sole negligence. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. , IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HA VE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. City of Bremerton/Air Systems Engineering, Inc. Jarstad Aquatic Center HV AC Maintenance Agreement 07 Page 2 of 6 VI. Insurance: The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, sub-Contractors or sub-Contractors. Before beginning work on the project described in this Agreement, the Contractor shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operationslbroad form property damage; explosion, collapse and underground (XCV) if applicable; and employer's liability; and 3. Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate. Any payment of deductible or self insured retention shall be the sole responsibility of the Contractor. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a "claims-made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Contractor and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Contractor's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Contractor's insurance shall be primary insurance as respects the City and the City shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. City of Bremerton/Air Systems Engineering, Inc. Jarstad Aquatic Center HV AC Maintenance Agreement 07 Page 3 of 6 VII. General Conditions: A. Reports and Information: When requested by the City, Contractor shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Contractor shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. D. Place of Work: The Contractor shall perform the work authorized under this Agreement at the Glenn Jarstad Aquatic Center, 50 Magnuson Way, Bremerton, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. E. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral,that have not been set forth in the text of this Agreement. F. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. G. Modification: This Agreement may only be modified by written instrument signed by both Parties. H. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address 345 6th Street. Suite 600 Bremerton. W A 98337 Contractor Address 3602 Pine St. Tacoma. WA 98409 1. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. J. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. K. Compliance with Laws: Contractor shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. City of Bremerton/Air Systems Engineering, Inc. Jarstad Aquatic Center HV AC Maintenance Agreement 07 Page 4 of 6 L. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. M. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. N. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Nondiscrimination: Contractor shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, or disability, except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Any Notice by Contractor shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A. Excusable Delays: The right of Contractor to proceed shall not be terminated nor shall Contractor be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its Contractors, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Contractor must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period oftime commensurate with the period of excusable delay. City of Bremerton/Air Systems Engineering, Inc. Jarstad Aquatic Center HVAC Maintenance Agreement 07 Page 5 of 6 B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Contractor to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Contractor was contracted to perform shall be without liability or legal exposure to the Contractor. CITY OF BREMERTON CONTRACTOR rtment Air B . s: S C7U/l2~ /f1 J'91U7Tj' e?? Date: -s!/~A 00 7 its: Director Date: ~O. lob 2.~7 City of Bremerton/Air Systems Engineering, Inc. Jarstad Aquatic Center HVAC Maintenance Agreement 07 Page 6 of 6 Exhibit A Comprehensive Planned Maintenance #2 Scope of Work In this programwe will perform the following system checks on the attached list of equipment: Quarterly Maintenance . Record motor and compressor amperages . Replace all filters (we use only quality pleated filters) . Check thermostats for proper calibration and operation . Check operating pressures if system imbalance is detected . Check electrical components and wiring . Align pulleys as needed . Lubricate moving components . Check all visible refrigeration lines for signs of oil leaks . Check and adjust operational controls · Check burner . Check draft fan blower wheel . Inspect gas controls and igniter for proper operation . Check outdoor condensing unit coils . Check indoor evaporative coils . Check and clean condensate drain system . Test the operation of the control system and calibrate as required Outdoor Condensers & Indoor Evaporative Coils Quarterly Maintenance . Check and annually clean all outdoor condensing unit coils with brush, nitrogen gas and/or pressure washer . Quarterly check and annually chemically clean indoor evaporative coil . Quarterly check and annually inspect and clean condensate disposal system . Check for refrigerant leaks; repairing leaks and recharging is extra . Check condenser fan. blades and housing clearance . Lubricate condenser fan bearings . Check and adjust condenser for belt tension . Check operation of pressure and temperature controls . Check condenser screws and bolts for tightness . Check condenser motor current and voltage . Inspect electrical connections, contactors, relays, operating and safety controls . Straighten fins as required Boilers Sellli-annual Tasks: · Perform blow-down of boiler and accessories · Check for proper draft control · Inspect firebrick and refractory · Visually inspect boiler pressure vessel for possible .Ieaks · Check burner sequence of operation and combustion air equipment · Check operation of low water cut-off and feed controls · Check settings and test all operating and limit controls · Check sequence and operation of flame safeguard control Annual Tasks: · Inspect fireside and waterside of boiler · Check and clean flues and combustion chamber · Check waterside of boiler for loose scale and sludge; remove as required · Clean or replace water column sight glass · Clean fire inspection glass · Disassemble, inspect and clean low water cut-off; reassemble with new gaskets · Check blow-down valve packing and lubricate · Inspect, clean and lubricate the burner and combustion control equipment · Reassemble and refill · Test safety/relief valves after start~up'(fullpressure test) · Clean burner fan wheel and air dampers · Clean and adjust ignition. electrode.s · Tighten burner linkage · Lubricate motor and shaft bearings · Clean contacts in program timer Circulating Pumps Semi-Annual Maintenance · Check suction and discharge pressures (if gages are present) · Check for vibration · Lubricate bearings (pump and motor per factory specs) · Check drive couplings and alignment . Inspect electrical connections. · Check motor current and voltage . Record arnperage draw · Check gauges · Check isolation and hand valves for positioning and operation · Check for air in system . A,ir Handling Units . Inspect coils for blockage · Inspect drain ,line and pan · Lubricate fan bearings per manufacturer's recommendations · Check belts and sheaves · Check motor mounts and vibration pads · Inspectwiring and tighten electrical connections . Check fan operation · Lubricate and adjust dampers and linkage · Check motor operating voltage and amperage . Check and clean fan assembly . Check coils and clean (annually) . Replace belts annually (cost is included) Annual Maintenance . Replace belts annually (the cost of belts is included in your agreement) . Tighten electrical connections · Megohm compressor motor windings for units over 10 tons and note any conditions which indicate possible problems · Test refrigerant oil for acid for units over 10 tons · Check of heat exchangers for cracks. and corrosion · Determine the percent of fresh air entering the system and record . Clean outdoor condensing unit coils with brush, nitrogen gas and/or pressure washer · Chemically clean indoor evaporative coils . Check -and replace batteries in thermostat (if needed) Technical Support & Systematic Checks For American Automatrix DOC Controls Scope of Work In this program we will perform the following system checks on the attached list of control equipment: · Dial up the system remotely to verify proper operation · Network analysis of system operations · Verify & adjust set points and schedules · Verify equipment operation & optimize energy efficiencies · Verify fan & heater contactor operation · Field panel database diagnostics · Communications trunk diagnostics to ensure reliable communication between.field panels · Diagnostics to ensure proper communication between control devices · Check electrical components and wiring of control system · Lubricate moving components Support Services . Provide account managernent and support to assure all services and technical assistance are rendered in a timely manner and as specified in the "Scope of Work" . Documentation of each on-site visit with description of all services provided and the Technician's or Engineer's name and employee # . On-site service analy~is.& field evaluation meetings yearly to determine changing needs and ASH's performancE} $pecial Services No major repairs or improvements will pe undertaken without your prior approval. To assist in controlling costs and your convenience, any repairs under $300.00 will be done automatically. You will be notified by copies of our work orders of any pending repairs, and contacted with pricing for your review and approval. . . This service agreement may be terminated by either party with at least 30 days written notification. Schedule of Covered Equipment For Jarstad Pool Air Systems Engineering, Inc. agrees to maintain the following equipment under the terms and conditioQs specified herein: UNIT MFG SIZE TYPE MODEL SERIAL TWR030CIOOA4 Z2155J14F TWE030C14FBO Z48YZ,J62V 7.5 T PACKAGE YSC090A3RMA14COOO320101104L 1 TRANE 2.5 T SPLIT HP 2 TRANE 3 RBI BOILER DOMINA TOR LCD 070643291 4 RBI BOILER. DOMINA TOR LCD 070643298 HEAT 5 DES CHAMPS RECOVERY PVMZP87105 46784 UNIT HEAT 6 DES CHAMPS RECOVERY PVMZP87105 46785 UNIT HEAT. 7 GREENHECK RECOVERY ERU251H20AES 03D15717 UNIT HEAT 8 GREENHECK RECOVERY ERV251H20AES 03D15718 UNIT 9 PUMPS VARIOUS Comprehensive Planned Maintenance #2 For Jarstad Pool Financial Considerations: The required Quarterly investment to implement this program will be: $ 1,307.00, plus Washington State Tax The Annual investment will be: $ 5228.00, plus Washington State Sales Tax Payments are due upon receipt of invoice, unless other arrangements have been made. This agreement will be effective on January 1, 2007, and will extend over a (3) year period. This agreement will be adjusted every year according to actual materials and labor required to extend the life of the systems. We specify a (3) year term in the interest of efficiency. · To implement your Comprehensive Planned Maintenance Agreement, please approve below and fax this page only back to Air Systems Engineering, Inc. at (253) 383-6337. Signature: At/~ , Date: Date: .:< -/4-;2.007 * This agreement will be honored for (30) days from 12/7/2006 VI. Air Systems Engineering, Inc. will not be liable in any manner for spoilage of, or damage to foods or commodities during maintenance or equipment failure. We will also not be liable for damages due to the unavailability of repair parts or any other reason such as miss shipment, or for anyloss of business resulting from such causes. VII. Air Systems Engineering, Inc. will not be liable in any manner for any damages as a result of any Indoor Air Quality litigation brought by customers or their tenants: VIII. Air Systems Engineering, Inc. will notbe responsible for any asbestos abatement and it is the customer's responsibility to inform Air Systems Engineering, Inc. of any hazardous materials on site. IX. Equipment repairs include electrical components in the units and the wire to the service disconnect. X. Customer reserves the right to mak~ changes to the agreement by substituting, adding to, or subtracting from the work, the price herein adjusted accordingly . XI. This service agreement maybe terminated by either party with at least 30 days written notification. Exclusions: Everything external to the mechanical equipment, i.e., structural walls, equipment supporting structures, roofing. . This proposal is the exclusive property of Air Systems Engineering and any use of information for competitive purposes must have the written permission of an authorized Air Systems Representative.