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HomeMy WebLinkAboutSexson Mechanical Company, LLC/STREET/$7,854/Indiana Design Center Maintenance Agreement - ASACzBmmjtpoMzodi.NdHsbuibu3;22qn-Bqs32-3134 DocuSign Envelope ID: F958AD14-DC17-4D8D-B2B6-A04320874CCF 5/3/2023 5/3/2023 5/3/2023 5/3/2023 Exhibit A Preventative Maintenance Agreement For: Indiana Design Center 200 S Range line RD. Carmel, IN 46032 This Preventative Maintenance Agreement is designed to provide the following benefits: Increase Energy Efficiency Reduce Mechanical Failure Improve Comfort Conditions Improve Overall System Reliability Assist with Maintenance Issues Sexson Mechanical Company will provide the services in accordance with the schedules, terms and conditions on the pages which are attached and listed below. Type of Service: Preventive Maintenance Program with inspections to be performed per attached document for one year. Any repairs will be invoiced at Preferred hourly rates. Agreement coverage will begin on: ththJanuary16, 2023, through January 15, 2024 The agreement price is $2,618.00 for one year, to be paid $1,309.00 per quarter. The coverages included in this agreement, including terms, conditions and schedules attached, will constitute the entire agreement between Sexson Mechanical Company and City of Carmel. This agreement is the property of Sexson Mechanical Company and is provided for the customer’s use only. No waivers, changes, or modification of any terms and conditions shall be binding on Sexson Mechanical Company unless made in writing and signed by authorized management of Sexson Mechanical Company. Sexson Mechanical Company, LLC 1001 Commerce Parkway South Drive, Suite A Greenwood, IN 46143 Office: 317 884-0010 Fax: 317 884-0040 Page | 1 DocuSign Envelope ID: F958AD14-DC17-4D8D-B2B6-A04320874CCF XX ClintRempeAuthorizedRepresentativeServiceAccountManager This annual agreement shall continue in effect for one year unless either party gives written notice to the other of intention not to renew thirty (30) days prior to any anniversary date. Sexson Mechanical Company Customer Emergency Services and Rates Emergency services, repair labor and materials not covered by this agreement will be invoiced separately. Materials are billed at consumer list price plus 15%. Hourly Rate – 7a.m. to 3:30p.m. Monday – Friday $ 95.00/hour Overtime Rate $ 120.00/hour Premium Hours Sundays and Holidays $ 150.00/hour Truck Charge $ 75.00 These services are performed on a Time and Material basis. When circumstances permit, an estimate for the costs of alterations and repairs will be submitted for approval. Sexson Mechanical Company, LLC 1001 Commerce Parkway South Drive, Suite A Greenwood, IN 46143 Office: 317 884-0010 Fax: 317 884-0040 Page | 2 DocuSign Envelope ID: F958AD14-DC17-4D8D-B2B6-A04320874CCF Schedule of Maintained Equipment Indiana Design Center Snow Melt System Bi-annually (2x) 2) Glycol Pumps 2) Condensing Boilers 1) Glycol Fill System Allmaintenancewill beperformedaccordingtothe manufacturer’s recommendations. Sexson Mechanical Company, LLC 1001 Commerce Parkway South Drive, Suite A Greenwood, IN 46143 Office: 317 884-0010 Fax: 317 884-0040 Page | 3 DocuSign Envelope ID: F958AD14-DC17-4D8D-B2B6-A04320874CCF Terms and Conditions General 1. Sexson Mechanical Company agrees to perform all work in a careful and workman-like manner and to furnish only materials of good quality. 2. The client agrees to operate and maintain the equipment covered by this agreement in accordance with the manufacturer’s guidelines of operation 3. The customer will provide reasonable access to all areas and equipment. 4. All tests and inspections and non-emergency repair or replacement will be performed during normal working hours, 7:00 a.m. to 3:30 p.m., Monday through Friday. 5. Emergency repairs outside of normal working hours will be billed at overtime rates. 6. The customer will notify Sexson Mechanical Company of any defect in the system promptly when it becomes known to them. 7. If any emergency call is made at the customer’s request and no defect is found to be present, Sexson Mechanical Company may charge the customer at the preferred customer rate for such services. 8. In addition to any price specified on the face hereof, the customer shall pay and be responsible for the gross amount of any present or future sales, use, excise, value added, or other similar tax, however designated, applicable to the price, sale or delivery or any products, services or the work furnished hereunder or for their use by Sexson Mechanical Company on behalf of the customer whether such tax shall be local, state or federal in nature. This will include but not be limited to the recovery; recycling, reclamation, handling and disposal of all refrigerants or halons and the additional costs incurred for refrigerant tax and/or increased costs due to shortages. 9. Payment for the maintenance agreement will be made in advance of the period during in which the service is provided. Sexson Mechanical Company, LLC 1001 Commerce Parkway South Drive, Suite A Greenwood, IN 46143 Office: 317 884-0010 Fax: 317 884-0040 Page | 4 DocuSign Envelope ID: F958AD14-DC17-4D8D-B2B6-A04320874CCF 10. Sexson Mechanical Company will adjust the price of this agreement annually on the anniversary date to reflect prevailing labor and material costs. 11. Acceptance of this agreement by Sexson Mechanical Company assumes that all systems and equipment covered are in functioning condition. If repairs are found necessary during the new agreement start up inspection or an inspection visit, a repair proposal will be submitted for approval. If repair proposal is declined, the non-functioning items will be eliminated from the maintenance agreement and the agreement price adjusted accordingly or the agreement may be canceled or otherwise revised. 12. Repair, replacement, and emergency service provisions apply only to the systems and equipment covered by this agreement. Repair or replacement of non-maintainable parts of the system(s) such as, but not limited to, piping, unit cabinets, insulating material, electrical wiring, structural supports, and other non-moving parts are not included in this agreement. 13. If the system(s) or equipment covered is altered, modified, changed, or moved this agreement may be adjusted accordingly or terminated. Limitations of Liability and Indemnities 1. Sexson Mechanical Company will not be liable for damage or loss caused by delay in installation or interrupted service due to fire, flood, corrosive substance in the air, strike lockout, dispute with workmen, inability to obtain material or services, commotion, war, partial or complete failure of the sprinkler system to function, act of God, or any other causes beyond Sexson Mechanical Company reasonable control. 2. In no event, whether as a result of breach of contract, or any tort including negligence or otherwise shall Sexson Mechanical Company or its suppliers, employees, or agents be liable for any special, consequential, incidental, or penal damage including, but not limited to, loss of profit or revenues loss of use of any products, machinery, equipment, damage to associated equipment, cost of capital, cost of substitute products, facilities, services or replacement power, down time costs, lost profits, or claims of Buyer’s customers for such damages. 3. No other warranty or other liability is given and no other affirmation of Sexson Mechanical Company by word or action shall constitute a warranty. This warranty is expressly in lieu of any other expressed or implied warranty including any implied warranty or merchantability of fitness, and any other obligation on the part of Sexson Mechanical Company. Sexson Mechanical Company, LLC 1001 Commerce Parkway South Drive, Suite A Greenwood, IN 46143 Office: 317 884-0010 Fax: 317 884-0040 Page | 5 DocuSign Envelope ID: F958AD14-DC17-4D8D-B2B6-A04320874CCF 4. Sexson Mechanical Company warrants materials only to the extent and for the time period said materials are warranted to Sexson Mechanical Company by the manufacturer of the same. Sexson Mechanical Company liability, if any, upon any warranty, either expressed or implied, shall be limited to replacement of defective materials and correction of faulty workmanship which is in violation of local, state, or federal building codes at the time of performance of the work by Sexson Mechanical Company. Sexson Mechanical Company, LLC 1001 Commerce Parkway South Drive, Suite A Greenwood, IN 46143 Office: 317 884-0010 Fax: 317 884-0040 Page | 6 DocuSign Envelope ID: F958AD14-DC17-4D8D-B2B6-A04320874CCF Preventative Maintenance Agreement For: Carmel Street Department st3400131 Street Carmel, IN 46074 This Preventative Maintenance Agreement is designed to provide the following benefits: Increase Energy Efficiency Reduce Mechanical Failure Improve Comfort Conditions Improve Overall System Reliability Assist with Maintenance Issues Sexson Mechanical Company will provide the services in accordance with the schedules, terms and conditions on the pages which are attached and listed below. Type of Service: Preventive Maintenance Program with inspections to be performed per attached document for one year. Any repairs will be invoiced at Preferred hourly rates. Agreement coverage will begin on: ththJanuary16, 2023, through January 15, 2024 The agreement price is $5,236.00 for one year, to be paid $1,309.00 per quarter. The coverages included in this agreement, including terms, conditions and schedules attached, will constitute the entire agreement between Sexson Mechanical Company and City of Carmel. This agreement is the property of Sexson Mechanical Company and is provided for the customer’s use only. No waivers, changes, or modification of any terms and conditions shall be binding on Sexson Mechanical Company unless made in writing and signed by authorized management of Sexson Mechanical Company. Sexson Mechanical Company, LLC 1001 Commerce Parkway South Drive, Suite A Greenwood, IN 46143 Office: 317 884-0010 Fax: 317 884-0040 Page | 1 DocuSign Envelope ID: F958AD14-DC17-4D8D-B2B6-A04320874CCF XX ClintRempeAuthorizedRepresentativeServiceAccountManager This annual agreement shall continue in effect for one year unless either party gives written notice to the other of intention not to renew thirty (30) days prior to any anniversary date. Sexson Mechanical Company Customer Emergency Services and Rates Emergency services, repair labor and materials not covered by this agreement will be invoiced separately. Materials are billed at consumer list price plus 15%. Hourly Rate – 7a.m. to 3:30p.m. Monday – Friday $ 95.00/hour Overtime Rate $ 120.00/hour Premium Hours Sundays and Holidays $ 150.00/hour Truck Charge $ 75.00 These services are performed on a Time and Material basis. When circumstances permit, an estimate for the costs of alterations and repairs will be submitted for approval. Sexson Mechanical Company, LLC 1001 Commerce Parkway South Drive, Suite A Greenwood, IN 46143 Office: 317 884-0010 Fax: 317 884-0040 Page | 2 DocuSign Envelope ID: F958AD14-DC17-4D8D-B2B6-A04320874CCF Schedule of Maintained Equipment Carmel Street Quarterly (4x): 1) Air Handler MUA 5) Electric reheats 4) Force heater 1) Return fan 1) Condensing unit Annually (1x) 10) Exhaust fans Tube heaters Allmaintenancewill beperformedaccordingtothe manufacturer’s recommendations. Sexson Mechanical Company, LLC 1001 Commerce Parkway South Drive, Suite A Greenwood, IN 46143 Office: 317 884-0010 Fax: 317 884-0040 Page | 3 DocuSign Envelope ID: F958AD14-DC17-4D8D-B2B6-A04320874CCF Terms and Conditions General 1. Sexson Mechanical Company agrees to perform all work in a careful and workman-like manner and to furnish only materials of good quality. 2. The client agrees to operate and maintain the equipment covered by this agreement in accordance with the manufacturer’s guidelines of operation 3. The customer will provide reasonable access to all areas and equipment. 4. All tests and inspections and non-emergency repair or replacement will be performed during normal working hours, 7:00 a.m. to 3:30 p.m., Monday through Friday. 5. Emergency repairs outside of normal working hours will be billed at overtime rates. 6. The customer will notify Sexson Mechanical Company of any defect in the system promptly when it becomes known to them. 7. If any emergency call is made at the customer’s request and no defect is found to be present, Sexson Mechanical Company may charge the customer at the preferred customer rate for such services. 8. In addition to any price specified on the face hereof, the customer shall pay and be responsible for the gross amount of any present or future sales, use, excise, value added, or other similar tax, however designated, applicable to the price, sale or delivery or any products, services or the work furnished hereunder or for their use by Sexson Mechanical Company on behalf of the customer whether such tax shall be local, state or federal in nature. This will include but not be limited to the recovery; recycling, reclamation, handling and disposal of all refrigerants or halons and the additional costs incurred for refrigerant tax and/or increased costs due to shortages. 9. Payment for the maintenance agreement will be made in advance of the period during in which the service is provided. Sexson Mechanical Company, LLC 1001 Commerce Parkway South Drive, Suite A Greenwood, IN 46143 Office: 317 884-0010 Fax: 317 884-0040 Page | 4 DocuSign Envelope ID: F958AD14-DC17-4D8D-B2B6-A04320874CCF 10. Sexson Mechanical Company will adjust the price of this agreement annually on the anniversary date to reflect prevailing labor and material costs. 11. Acceptance of this agreement by Sexson Mechanical Company assumes that all systems and equipment covered are in functioning condition. If repairs are found necessary during the new agreement start up inspection or an inspection visit, a repair proposal will be submitted for approval. If repair proposal is declined, the non-functioning items will be eliminated from the maintenance agreement and the agreement price adjusted accordingly or the agreement may be canceled or otherwise revised. 12. Repair, replacement, and emergency service provisions apply only to the systems and equipment covered by this agreement. Repair or replacement of non-maintainable parts of the system(s) such as, but not limited to, piping, unit cabinets, insulating material, electrical wiring, structural supports, and other non-moving parts are not included in this agreement. 13. If the system(s) or equipment covered is altered, modified, changed, or moved this agreement may be adjusted accordingly or terminated. Limitations of Liability and Indemnities 1. Sexson Mechanical Company will not be liable for damage or loss caused by delay in installation or interrupted service due to fire, flood, corrosive substance in the air, strike lockout, dispute with workmen, inability to obtain material or services, commotion, war, partial or complete failure of the sprinkler system to function, act of God, or any other causes beyond Sexson Mechanical Company reasonable control. 2. In no event, whether as a result of breach of contract, or any tort including negligence or otherwise shall Sexson Mechanical Company or its suppliers, employees, or agents be liable for any special, consequential, incidental, or penal damage including, but not limited to, loss of profit or revenues loss of use of any products, machinery, equipment, damage to associated equipment, cost of capital, cost of substitute products, facilities, services or replacement power, down time costs, lost profits, or claims of Buyer’s customers for such damages. 3. No other warranty or other liability is given and no other affirmation of Sexson Mechanical Company by word or action shall constitute a warranty. This warranty is expressly in lieu of any other expressed or implied warranty including any implied warranty or merchantability of fitness, and any other obligation on the part of Sexson Mechanical Company. Sexson Mechanical Company, LLC 1001 Commerce Parkway South Drive, Suite A Greenwood, IN 46143 Office: 317 884-0010 Fax: 317 884-0040 Page | 5 DocuSign Envelope ID: F958AD14-DC17-4D8D-B2B6-A04320874CCF 4. Sexson Mechanical Company warrants materials only to the extent and for the time period said materials are warranted to Sexson Mechanical Company by the manufacturer of the same. Sexson Mechanical Company liability, if any, upon any warranty, either expressed or implied, shall be limited to replacement of defective materials and correction of faulty workmanship which is in violation of local, state, or federal building codes at the time of performance of the work by Sexson Mechanical Company. Sexson Mechanical Company, LLC 1001 Commerce Parkway South Drive, Suite A Greenwood, IN 46143 Office: 317 884-0010 Fax: 317 884-0040 Page | 6 DocuSign Envelope ID: F958AD14-DC17-4D8D-B2B6-A04320874CCF 2/21/2023 SEXSON MECHANICAL CORP SUITE A GREENWOOD, IN 46143 - 108556 1001 COMMERCE PKWY S DR City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDOR SHIP TO PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT EXTENSION Street Department 3400 W. 131st Street Carmel, IN 46074- 317) 733-2001 374136 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 Matt Higginbotham 74395 2201Department:2201Fund:Motor Vehicle Highway FND 43-509.00Account: Maintenance Agreement - CSD1 $5,236.00 $5,236.00Each 5,236.00SubTotal 5,236.00 Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D. SHIPMENT CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. CONTROL NO. 108556 ORDERED BY TITLE CONTROLLER Street Department 3400 W. 131st Street Carmel, IN 46074- Lee Higginbotham 317) 733-2001 Commissioner DocuSign Envelope ID: F958AD14-DC17-4D8D-B2B6-A04320874CCF 2/21/2023 SEXSON MECHANICAL CORP SUITE A GREENWOOD, IN 46143 - 108555 1001 COMMERCE PKWY S DR City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDOR SHIP TO PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT EXTENSION Street Department 3400 W. 131st Street Carmel, IN 46074- 317) 733-2001 374136 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 74394 1206Department:101Fund:General Fund 43-509.00Account: Maintenance AgreementIDC1 $2,618.00 $2,618.00Each 2,618.00SubTotal 2,618.00 Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D. SHIPMENT CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. CONTROL NO. 108555 ORDERED BY TITLE CONTROLLER Street Department 3400 W. 131st Street Carmel, IN 46074- Lee Higginbotham 317) 733-2001 Commissioner DocuSign Envelope ID: F958AD14-DC17-4D8D-B2B6-A04320874CCF