HomeMy WebLinkAboutResolution - 5148 - Service Agreement - Trane Service Group - A/C Chiller Maintenance, LIA - 03/28/1996RESOLUTION NO. 5148
March 28, 1996
Item 414
RESOLU'T'ION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Service Agreement by and between the City
of Lubbock and Trane Service Group for maintenance of air conditioning chillers at the Lubbock
International Airport, attached hereto, and which shall be spread upon the minutes of the Council
and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as
if fully copied herein in detail.
Passed by the City Council this
ATTEST:
,i
Betty 14. lohnsorV, City Secretary
APPROVED AS TO CONTENT:
MarkX.Earle, Aviation Manager
APPROVED AS TO FORM:
arold it ar , Assistant CityAttorney
I HWjs/SA-TR,AVE.RES
ccdocs/February 29, 1496
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RESOLUTION NO. 5148
SERVICE AGREEMENT
LUBBOCK INTERNATIONAL AIRPORT
Prepared For: 5401 N. MARTIN LUTHER KING BLVD.
LUBBOCK, TEXAS 79401
Project;
LUBBOCK INTERNATIONAL AIRPORT
K13072
MANUFACTURER'S EXTENDED WARRANTY
March 28, 1996
Item #14
Trane Service roup TACL A3.
13821 Diplomat Drive 6320 Airport Freeway
2512 Texas Avenue
PO Box 814609 Fort Worth TX 76117
PO Box 3963
Dallas TX 75381 4609 TEL 817 838 1330
Lubbock TX 79452
TEL 214 406 3600 FAX 817 831 8135
TEL 806 747 0266
FAX 214 243 1349
FAX 806 747 2805
SERVICE AGREEMENT
LUBBOCK INTERNATIONAL AIRPORT
Prepared For: 5401 N. MARTIN LUTHER KING BLVD.
LUBBOCK, TEXAS 79401
Project;
LUBBOCK INTERNATIONAL AIRPORT
K13072
MANUFACTURER'S EXTENDED WARRANTY
BY
AGREEMENT NO. K13072
SERVICE AGREEMENT
PROJECT AND LOCATION: LUBBOCK INTERNATIONAL AIRPORT
5401 N. MARTIN LUTHER KING BLVD.
LUBBOCK, TEXAS 79401
TRANE SERVICE GROUP, herein referred to as the Service Company, agrees to furnish
services in accordance with the "General Terms and Conditions" and attached "Schedules. This
AGREEMENT shall become valid only upon acceptance by CUSTOMER and approved by the
Service Company.
EQUIPMENT TO BE SERVICED:
MODEL/TYPE SERIAL
QUANTITY MANUFACTURER OF EQUIPMENT NUMBER SCHEDULE
2 TRANE CVHE-032 L88F-02743 23
1,9113-01241 23
The AGREEMENT PRICE is $104,585,00 for five (5) years, payable $ 20,917.00 per year (in
advance of each year).
This AGREEMENT is effective from APRIL 1, 1996 through MARCH 31, 2001 and shall
remain in effect from year to year unless terminated by either party, with or without cause, at the
end of the anniversary date by giving at least thirty (30) days written notice. Applicable taxes are
not included.
SUBMITTED BY: CALVIN CROSSLAND
TITLE: SERVICE REPRESENTATIVE
APPROVED AS TO CONTENT:
CUSTOMER ACCEPT
SIGNATURE
DAVID R. LANGSTON, M
ACCEPTANCE DATE 3 --13
ATTEST: APPROVED AS TO FORM:
el Page 2
Betty M.
Fon, City Secretary Warold WiNiard, Asst. City Attorney
SUPPLEMENTAL TERMS AND CONDITIONS
(FOR "ALL INCLUSIVE", "TOTAL MAINTENANCE",
or "EXTENDED WARRANTY COVERAGE ON EXISTING EQUIPMENT".)
A. This agreement presupposes that all major pieces of equipment are in proper operating condition
at the signing of this agreement.
B. It shall be the responsibility of the Service Company to inspect and report to the Customer any
malfunctions and defects within thirty (30) days after effective date. If equipment can not be
operated within this 30 day period due to seasonal conditions or other factors beyond our control,
the period for initial inspection will be extended to 30 days after the equipment can be operated
and checked.
C. It shall also be the responsibility of the Service Company to make recommendations and to assist
the Customer in restoring the equipment to proper operating condition. However, all of the
actual restoration costs shall be paid by the Customer.
D. After equipment restoration to original operating conditions has been approved by the Service
Company, coverage will become effective in accordance with the terms of this agreement.
Page 3
SCOPE OF COVERAGE - CENTRIFUGAL CHILLERS
MAINTENANCE AND
SERVICES INCLUDED
Optional Service
Programs
Al
A
B
C
D
* All
Inclusive
Service
Program
*TOW
Maintenance
Program
Comprehensive
Preventive
Maintenance
Program
Limited
Inspection
Maintenance
Program
Annual Winter
Maintenance
Program
1. Annual Winter Maintenance
X
2. Written Reports
X
3. Oil Analysis Service
X
4. Seasonal Start -Up
5. Preventive Maintenance
Inspections
X
6. Emergency Service
X
7. Tube Cleaning (Water -Cooled)
Coil Cleaning (Air -Cooled)
X
8. Annual Operator's Training
9. Replacement Parts
X
10. Major Repair Labor
X
11.Guara.ntee Of Reliability
and Efficiency
12.Guarantee of Renewability
Additional Services
13.Non-Destructive
Tube Testing
X
14. Water Treatment
15.Annual Cooling Tower
Maintenance
16.System and. Equipment
Upgrade
17.
Scope of Coverage - Centrifugal Chillers
The Extended Service Program can provide protection under an All Inclusive or a Total Maintenance agreement provided jointly by The Trane Company and the Authorize
Trane Service Company.
Note See appropriate schedules for details of coverage.
Page 4
SCHEDULE NO. 23
CENTRIFUGAL CHILLERS
TOTAL MAINTENANCE PROGRAM
The various services described below are provided as part of our Comprehensive Maintenance Program.
1. ANNUAL WINTER MAINTENANCE - Once a year a thorough preventative maintenance schedule will
be performed including the following.
a. Check purge unit controls. (If applicable, change drier cores or re -seal compressor.)
b. Clean purge oil separator.
C. Clean purge condenser.
d. Acid clean purge drum.
e. Check purge unit for proper operation after service.
f. Meg compressor motor and record for owner's records.
g. Meg oil pump motor and record for owner's records.
h. Lubricate inlet vane control shaft.
i. Set pilot positioner or electronic control per TRANE specifications, if applicable.
j. Set vane operator per TRANE specifications.
k. Utilize hot water to pressurize unit and leak -check in accordance with EPA regulations.
1. Test and calibrate all safety and operating controls using nitrogen, ice and hot water, as required.
m. Change oil and filter per TRANS specifications. (Oil included.)
n. Dispose of oil per EPA regulations.
o. Perform spectrographic oil analysis and report findings.
p. Perform acid test on old oil before placing new oil in pump to see if corrective action is indicated.
q. Check flow rates through evaporator and condenser; calibrate to design conditions.
r. Tighten all electrical connections.
S. Inspect starter.
t. Check operation of motor starters for proper sequence.
U. Calibrate load limit relay or electronic.
V. Check setting and operation of PE switches.
w. Check all sight glasses.
X. Check refrigerant level and correct charge
Y. Set oil pressure regulator for proper pressure.
Z. Check operator's log.
aa. Review operating procedures with operating personnel.
bb. Run unit and log operation.
cc. Provide written report of work completed and indicate all detected deficiencies.
dd. Furnish Owner operating log and copy, indicating work performed.
2. WRITTEN REPORTS - Provide to customer representative following each regular inspection or
emergency call.
Page 5
SCHEDULED PREVENTATIVE MAINTENANCE - 3 Inspections during the operating season
will be made and include:
a. Adjust operating and safety controls. Record settings.
b. Complete operating log of temperatures, pressures, voltage and amp erages. (S ample log sheet
attached)
C. Check operation of control circuit.
d. Check operation of lubrication system including oil pump and oil pressure regulator.
e. Check operation of motor and starter.
f Check customer's log with operator, discuss operation of the machine generally.
g. Report to operator any uncorrected deficiencies noted.
4. EMERGENCY SERVICE - This coverage includes emergency calls between inspections as required
(maximum of 2 hours each) for purpose of diagnosis of trouble, adjustment, minor repairs, or resetting of
controls.
ANALYSIS SERVICES - Various diagnostic tests are to be performed depending on equipment duty
and type. Reports with interpretation and recommendations to be included.
a. Oil sample and analysis for wear metals, acid content and moisture. Samples to be taken 1
time per year.
b. Refrigerant analysis for acid and moisture content (as required).
c. Eddy Current tube analysis for wear and pitting. To be performed on the condenser every 3
years and evaporator every 3 years. Additional charge of one thousand, eight hundred thirty
dollars ($1,830.00). (Tubes must be brushed first, to be done during Annual inspection in
years specified.)
6. CLEAN CONDENSER TUBES - Once a year, famish labor for brush cleaning of condenser tubes.
(Chemical cleaning extra if required.)
7. REPLACEMENT PARTS AND COMPONENTS - All parts, refrigerant, oil and other material to
complete repairs are furnished under the provisions of this agreement.
MAJOR REPAIR LABOR - This includes all labor to diagnose, repair or replace failed components of
the equipment covered under the provisions of this agreement.
9. NOTES:
1. ) Leak check will be performed using hot water in lieu of nitrogen in order to comply with the
new EPA regulations. The effectiveness of your particular leak test will be dependent upon
the following:
a.) How well your water isolation valves hold.
b.) If the drain plug is accessible and removable.
c.) The temperature of your mechanical room.
2.) The oil in this machine will be changed and removed from the premises. Oil will be disposed
of in accordance with the EPA requirements for hazardous waste, if required.
3.) Proper water treatment must be maintained on equipment covered under this contract.
Page 6
ADDITIONAL TERMS AND CONDITIONS OF THIS CONTRACT
The service agreement is subject in all respects to the following additional terms and conditions:
Acceptance
Theagreement is subject to acceptance, which shall be expressly limited to the terms
and conditions hereof, by the customer described therein ("Buyer") within thirty (30 days
from the date thereof and thereafter shall be null and void. Upon such acceptance. the
agreement and these additional terms and conditions shall constitute a contract (the
"Contract'l between Buyer and Trane Service Group or the division thereof designated
therein, it any (collectively, the "Company".) Any purchase order. acknowledgment or other
form issued by Buyer in connection with this transaction shall be for Buyer's internal use
only and the terms of any such form shall be of no force and effect. The transaction
covered by this Contract shall be governed exclusively by the terms and conditions hereof
and of the agreement and such terms and conditions shall supersede any prior agreement
or understanding between the parties hereto. For purposes of this Contral the term
"Product" shall mean all or any pan of the goods, work and services to be provided by the
Company to Buyer hereunder.
Prices, Taxes And Terms Of Payment.
Except as stated in the agreement, all prices are subject to change at any time without
notice, except that prices applicable to this Contract shall not exceed the Company's
prevailing rates for labor and material used at the time provided. Prices do not include
transportation charges, federal, state or local sales, use, excise or similar taxes or customs
duties or other charges than may arise from the manufacture, sale, transportation installation
or use of the Product Buyer agrees to pay such taxes and other charges directly to the
appropriate taxing or other authorities, except that if such taxes or charges are assessed
against or paid by the Company, Buyer agrees to pay such taxes or charges to the
Company upon demand. Buyer agrees to pay for the Product according to the terms
hereof. Payment for the Product shall be net cash due within ten (10) days from the date of
invoice, and shall be made to the Company's facilities in Dallas, Texas without setoff for any
reason, unless contrary terms appear in the agreement or unless otherwise expressly
agreed to in writing by the Company. All accounts not paid when due shall be considered
past -due and shall bear interest thereafter until paid at the rate of eighteen percent (18%)
per annum or the maximum rate permitted by applicable law, if lower. it is the express
intent of the parties hereto to contract in strict compliance with applicable usury laws. The
Company expressly disavows any intention to charge or collect excessive or unearned
interest charges and it the Company shall ever collect monies that are deemed to constitute
interest that would increase the interest on amounts due under this Contract to an amount
in excess of that permitted to be charged by applicable law then in effect,all such sums
deemed to constitute interest in excess of such legal limit shah be immediately returned to
Buyer upon such determination.
Performance.
The company shall be obligated to furnish only the Product described in the agreement
and, unless so specified, this Contract shall not cover lighting systems, power wining or
power transformers, the replacement of fuses, circuit breakers or disconnect switches, or, if
this Contract covers an agreement to perform service inspection of any item equipment or
system not listed. In furnishing such Product, the Company shall have the right, at its
option, to (a) subcontract all or a potion of the required labor or fabrication and lb)
substitute materials of equal or greater quality or of different manufacturers, without notice
to Buyer. Unless contrary terms appear in the agreement, the Company shall not be
responsible for condenser or boiler water treatmel cleaning of condenser tubes, lower or
boilers. providing (and shall assume the availability of) a dean, dry source of controt air, or
for any or all painting, repair or patching of building or of insulation for chiller or piping K
necessary to remove for access to the equipment being serviced or inspected. Dates of
performance, delivery or shipment, as applicable are estimates only. This Contract shall not
be construed to be an agreement to perform services or to deliver or ship goods, at a
specified time unless expressly indicated in the agreement or unless otherwise expressly
agreed to in writing by the Company. Quoted prices assume performance of labor and
services during regular work hours (8:00 a.m. to 5:00 p.m., Monday through Friday). Labor
performed outside regular work hours or on holidays at the request of Buyer shall be billed
at prevailing overtime rates. If delivery of goods is by company truck to the job site title and
risk of loss shall pass to Buyer when the goods arrive at the job site. If goods are shipped,
shipment shall be F £1.8factory or warehouse at named shipping point. Title and risk of
loss to such goods shall pass to Buyer upon deliver to the carrier by the Company and
Buyer shall be responsible for all freight and other transportation charges. 4uyaranAai
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The Company shall not be liable for any default or delay in delivery or performance due to
strikes, lockouts, differences with workmen, fires, floods. wars or police actions, accidents,
shortages of supplies or materials. inability to procure materials from usual sources of
supply, delays or default of a supplier, contractor or carrier, exercise of governmental
authority or regulation, disruption of business or Buyers project due to a failure of
production or transportation facilities, or any other cause beyond the control of the
Company. Upon the occurrence of any such event, the Company may delay shipment or
performance or, at its option, cancel this Contract without any liability to Buyer, provided,
however, that Buyer shall pay to the Company upon demand all costs and expenses
incurred by the Company for the Product delivered or performed in accordance with this
Contract prior to such cancellation that benefit Buyer.
Atddkional Wank.
Conditions adversely affecting efficiency or operation, which were not evident on prior
inspection, may be discovered as work progresses. If any sock condition is discovered, the
same will be called to Buyer's attention and an estimate will be furnished for correcting
same. No additional work will be performed unless approved in writing by Buyer and this
Contract is modified accordingly or a separate contract covering such work is entered into.
Unless advised otherwise, the Company will assume that the operator and/or building
manager is empowered to authorize additional work.
Warranty, Disclaimer Of Warranties
And Limited Liability.
The Company warrants the materials lif any) covered by this Contract, when purchased
new, to be free from defects in material and workmanship for a period of ninety 1901 days
from the date of delivery or installation by the Company if required hereunder) whiechever
is later, and warrants the labor covered by this Contract (if any) for a period of ninety (90)
days from the date of performance. This warranty does not extend to or cover repairs,
replacements or services required through normal wear and tear, corrosion or deterioration,
or necessitated in whole or in part by improper installation, operation, or maintenance by
Buyer, freezing weather, misuse, abuse (including excessive operating conditions),
negligence, accident or catastrophe Including damage to materials in shipment without
fault of the Company), adjustment, repair of alteration by other than the Company'sservice
representatives or such as would adversely affect the performance and/or reliability of the
equipment or modification or addition to the controi system, or other causes external to
the equipment {such as tower failure), or for defects in design or estimates of necessary
capacity, cr size, The Company shall be obligated to pay for the cost of lost refrigerant only
lf such loss is due to the Company's negligence. No liability shall attach to the Company
under this warranty until lel payment for the product has been received. (til Buyer notifies
the Company of the alleged defect within thirty (301 days of discovery and such notice is
received by the Company within the warranty period and (c) the Company has been
provided (without cost to it) with reasonable access las determined in the Company's sole
discretion) to the Product covered by this warranty. The exclusive remedy under this
warranty is the Company's obiigation to repair or relate, at its option, any part or parts of
the Product which, on examination by the Company, do not conform to this warranty, or to
furnish such additional services that the Company, in its opinion, deems appropriate to
correct any defect covered by this warranty.
The fo•egoing warranty is made expressly in lieu of da) all other warranties (whether
written, oral, statutory, express or implied, at arising by previous course of dealing or
usage of trade), including warranties of merchantability and fitness for a particular
purpose and IN any obligation„ liability, right, claim or remedy in contract or tort
including product liability based on strict liability or negligence actual or imputed. The
rights and remedies provided herein are exclusive in connection with the sale or
performance of the Product by the Company and the stated express warranty provided
herein is in lieu of ail liabilities or obligations of the Company for damages of any type,
Including but not limited to, incidental, special or consequential damages, lost profits or
other commercial loss. or any other loss, damage or expense arising out at or in
connection with the use. loss of use, nonperformance or replacement of the Product or
equipment served by the Company.
Defautt. Cancellation And Returns.,
If Buyer defaults in the performance of its obligations under this Contract by failing to pay
when due any amount owed to the Company, or otherwise the full purchase price (and any
accrued but unpaid past -due interest) for the Product shall immediately be due and payable
upon demand by the Company, or, the Company may, at its option, and without prejudice
to any other legal remedy it may have against Buyer, cancel this Contract in all respects and
recover from Buyer cancellation charges as defined herein as if Buyer had cancelled this
Contract in its entirety. buyer agrees to pay all costs incurred by the Company, including
reasonable attorneys' fees and expenses and court costs, in collecting any sum owed by
Buyer to rho Company or otherwise in enforcing any of Buyer's obligations hereunder. 11,
following acceptance of the agreement by Buyer, all or any portion of this Contract is
canceled by Buyer without fault on the part of the Company, and without the Company's
written consent. Buyer shall be liable to the Company for cancellation charges including, but
not limited to, costs and expenses (including labor and materials) incurred by the Company
and the Company's expected profits as lf this Contract had been fully performed by both
paries. Buyer hereby, grants to the Company a security interest in the Product as security
for the performance of all of Buyer's obligations to the Company hereunder. Goods
purchased by Buyer (individually or as part of a project) may not be returned to the
Company for refund or credit without prior written approval of the Company and shall be
subject to the Company's existing return policies, including, but not limited to, discounts
and restocking charges, freight and delivery costs. Buyer agrees to pay for any returned
goods not previously paid for upon the terms hereof, subject to such return policies.
Patent Infringement
If the Product sold by the Company is constructed in accordance with any designs or
specifications other than the Company's standard commercial designs or spe6fications,
Buyer agrees to indemnify and save harmless the Company from any claims arising out of
any infringement of a United States patent in the design, construction, use or sale of the
Product, and to defend at Buyer's expense any and all actions or demands based an such
claims of patent infringement, including attorneys' fees and expenses, judgements and
costs.
Modification And Waiver.
This Contract constitutes the final written expression of the terms hereof and is the
complete and exclusive statement of those terms. No modification or amendment of this
Contract, or any term or provision hereof, shall be binding upon the Company unless
expressly agreed to in writing by the Company. The Company's failure to enforce any term
or condition or to exercise any of Its rights hereunder shall not constitute a waiver of any
such term condition or right and shall not affect the Company's right to enforce strict
compliance with the terms and conditions of this Contract.
General,
This Contract and the rights of the parties hereto shall be governed by and construed and 1,
enforced in accordance with the substantive laws of the State of Texas without reference to
the laws of any other state or jurisdiction. Buyer hereby irrevocably consents and agrees
that any legal proceeding arising out of or In connection with this Contract or the rights of
the parties hereto may be commenced and prosecuted to conclusion in DaMaa-Bailer-. L�
County, Texas. Buyer shall neither assign any right (including any warranty) nor delegate any 4
duty under this Contract without the prior written consent of the Company. The person
executing this Contract on behalf of Buyer hereby represents that he/she is Buyer's
authorized representative and that Buyer is fully authorized and empowered to enter into
this Contract and has full authority to perform the terms and conditions hereof.
Rev. 61"6 ]Service Agreement]