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HomeMy WebLinkAboutATS - DDC Controls Support Agreement with YPDAMC% 0000 004 0 ofir ..... rr� MI NM Eon in. Or elm aft N. MUMS MON OM am L. iii "''''�+" /moi �ilia� wS i�ri�I _arr°" r A5*'� ri�iVjwnruit` rni110 as/ Pagill100011101_......LNIIINgs,...___Olauft Yakima Police Department DDC Controls Support Agreement May 1, 2017 through April 30, 2022 Prepared By: Darin Fox — Service Sales Engineer April 7, 2017 Introduction: Yakima Police Department utilizes the Alerton building management system for mechanical systems control and energy management. Facilities staff is responsible for critical equipment that is sensitive to temperature and other environmental influences. The facility staff is experienced in all areas of HVAC and temperature controls and does not require a high level of support from vendors, but uses support plans to augment their current knowledge and protect their equipment investment over the long term. About ATS ATS engineers and installs building automation systems to optimize control schemes for buildings' mechanical and electrical systems. This allows owners to reduce their energy consumption and maximize the effects of facilities management personnel. We keep your HVAC system and other building technology systems running effectively, while working with you to meet your unique needs. We strive to assist customers in meeting their business objectives through controlling occupied comfort, energy efficiency and systems operations. What do we do? ATS can enhance your facility's environment to meet your specific needs. Our knowledge of leading products and cutting-edge technologies will help create solutions that enhance the safety, energy efficiency and sustainability of your facility. We provide safer, more comfortable and more efficient building environments through innovative HVAC solutions, building technology solutions, energy services, on-site service and training. Why a support agreement? Support agreements augment your staffs' current knowledge and protect your equipment investment over the long term. The goals of this support agreement are to update and maintain your system software and hardware to keep it up-to-date, support your facility staff with pre- season inspections and maintenance, and to develop a regular maintenance relationship with you to promote automated operation of controls and make sure you get the most from your buildings' systems. Support Agreement Goals: The goals with this proposal are: 1. Upgrade and maintain system software and hardware to current revisions. 2. Support facility staff with pre -season inspections/maintenance. 3. Develop a regular maintenance relationship with Yakima Police Department to promote automated operation of controls and maximum facility uptime. 1 ATS Customer Support Agreement Following is a comprehensive list of the Support Services we can perform to maximize the value of your investment in your Alerton Building Control System. Following the list of Support Services is a detailed description of each service. Building Automation Control System Services: 1. Alerton Technology Updates • Alerton Software Updates 2. System Performance Services; On -Line/ On-site Services • Troubleshooting and Diagnostics • Building Control System Database Protection • Preventative Maintenance & Equipment Functional Performance Testing • Flex -Hours Support • Annual Spare Parts Allowance 3. Customer Training • On -Site Informal Operator Training/Software Consultation • Formal Classroom Alerton Factory Certified Training 4. Emergency Response Services (Standard or Premium) • On -Line Response (Direct Connect or via Telephone) • On -Site Response 5. General Services; Included in All Support Agreements • Account Management • Documentation of All Services Provided • Quality Assurance Program • Discounted Material & Labor Rates 2 ATS Customer Support Agreement Features 1. Technology Updates Alerton periodically releases software updates that provide added features, increase communications and processing speed for your Alerton Control System. ATS will provide these updates as they become available, always keeping your system software state-of-the-art. Please note: This service includes updates to the Alerton Control System software only. No hardware, operating system or other 3rd -party software updates or upgrades are included with this service. ® Included with this Support Agreement - As Released ❑ Not included with this Support Agreement 2. System Performance Services; On -Line/ On -Site Services A. Online Services Troubleshooting and Diagnostics Assistance. If your operators are in need of technical support simply contact us during normal working hours. We will provide troubleshooting and diagnostics assistance via telephone, modem and/or an internet connection. You simply need to supply the necessary modem equipment to enable our local office to remotely log -on to your system via regular voice grade dial up phone line or Internet (voice grade phone line and/or internet access to be provided and maintained by the customer). We will sign -on to your system as a first step to your request or inquiry. Our operations personnel will try to fix the problem or at a minimum scope the problem down to a specific item or group of items. The operations group contacts you when the sign -on is completed and conclusions have been reached. This service does not included after- hours support. For afterhours support please see the Emergency Response Services section below. ® Included with this Support Agreement - Limited Services ❑ Not included with this Support Agreement B. Onsite Services Building Control System Database Protection Alerton Workstation Database and Graphics backups safeguard your HVAC Control System's vital databases of business information from unforeseen and costly catastrophic events (lightning strike, electrical power surge, flood, physical damage, etc.). We will back-up your HVAC Control System database, software and graphics a minimum of once per year, and provide safe storage of this critical business information. Should a catastrophic event occur, we will respond onsite (or online if such service is included in this Agreement) to reload the databases and system files from our stored backup copy and to ensure proper operation and performance. Repair costs and the costs to reload the databases and system file will be at the preferred material and labor rate stated below. ® Included with this Support Agreement - Once annually (minimum) (1 Not included with this Support Agreement 3 Preventative Maintenance & Equipment Functional Performance Testing Each PM visit shall begin with a review of the service log to prioritize items to be addressed. After identifying and correcting high priority issues recorded in the service log, PM services will focus on daily operating systems including; (these services will be provided as time permits within the quarterly planned visit schedule) 1. Alarm management - reviewing alarm reports and correct alarm conditions as possible or if alarm is mechanical in nature, note required corrective action in site logbook and discuss a repair plan and timeline with maintenance staff. 2. Review of non-communicating or failed controllers - note required corrective action in logbook and discuss a repair plan with maintenance staff. 3. Schedule validation - verify proper site / equipment schedules including holiday schedules. 4. Review of overall operational conditions - identify and correct as possible, sensors out of normal operating limits, equipment status vs. command discrepancies, economizer and heating / cooling valve operation. Meet with maintenance staff to discuss a repair plan if more follow up is required. ® Included with this Support Agreement - Four (4) PM visits annually ❑ Not included with this Support Agreement Flex -Hours Support Services Flex -hours support, as you need it, whether it is online support from our office, or for an on-site visit from a service technician. Prepaying for these hours allows you to budget for emergency calls or special projects, and spread the payments on your terms. We will provide an agreed upon number hours of Flex -Hours Support per year. ® Included with this Support Agreement - Twenty (20) hours annually ❑ Not included with this Support Agreement Spare Parts Allowance ATS will provide $XXX per year of standard spare parts at your preferred price. Your Service Account Manager will work with you to track your annual purchases and will periodically review the status of your account with you. Note: This Spare Parts Allowance is for standard DDC control parts, it does not include any computer hardware or software. ❑ Included with this Support Agreement ® Not included with this Support Agreement 4 3. Customer Training Factory Certified Classroom Training- ATS offers Alerton online and classroom -format, factory certified training courses. As a Support Agreement customer you will receive a discount on all factory training. These training classes are conducted online and at the Alerton Corporate training facility in Redmond, Washington. The discounted pricing for each class is listed below. Note these prices are subject to change and do not include travel, lodging, meals or any incidental costs. Course Type Course Tuition Online e -learning Instructor -led courses BT -e100 $440 BT -e230 $750 NT -e100 $440 BT -100 $1,550 BT -230 Lab BT -400 Please note that prices are subject to change. $1,550 $1,550 On -Site Training/Operator Coaching Through our individual On -Site Training/Operator Coaching, we will introduce, review and reinforce skills, leading to greater utilization of HVAC Control System applications implemented in your facility. Annually, we will provide an agreed upon number of hours per year of coaching for your facility staff, Monday through Friday 8:00 a.m. to 5:00 p.m. Our systems experts assist your operators in identifying, verifying and resolving problems found in executing tasks. During the training/coaching sessions, we can address logbook issues, assist your operators in becoming more self-sufficient, and tailor HVAC Control System applications to the needs of your facility and to your operators' specific job responsibilities. ['Included with this Support Agreement - XX (XXXX) hours per year ® Not included with this Support Agreement 5 4. Emergency Response Services On-line Emergency Response To quickly respond to emergency service requests and to reduce the costs and disruptions of downtime we will use our Direct Connect technology and/or the telephone as our first action to a request for emergency response. You simply need to supply the necessary modem equipment to enable our local office to remotely log -on to your system via regular voice grade dial up phone line or Internet (voice grade phone line and/or internet access to be provided and maintained by the customer). We will sign -on to your system as a first step to your request or inquiry. Our operations personnel will try to fix the problem or at a minimum scope the problem down to a specific item or group of items. The operations group contacts you when the sign -on is completed and conclusions have been reached. Emergencies will be determined by your staff and ATS. Priority Emergency On-line Response Time (Included with all Customer Support Agreements) - - - within 2 business hours; Monday through Friday; 8:00 AM to 5:OOPM, excluding holidays Note: Our first action to a request for emergency response will be to attempt to resolve the situation on-line via direct -connect modem. There may be a one (1) hour minimum charged for each on-line service. If on-line diagnosis determines a site visit is required to complete troubleshooting and problem resolution procedures, we will be on- site based on the level of Emergency Onsite Response selected (described below). On-site Emergency Response If during our On-line Emergency response we are unable to resolve the situation we will dispatch a Service Engineer to your facility. Non -emergency calls, as determined by your staff and ATS will be incorporated into the next scheduled service call. Priority Emergency On-site Response Time (Included with all Customer Support Agreements) We will be on site by the end of the next business day; Monday through Friday; 8:00 AM to 5:OOPM, excluding holidays hours, 21 hours/day, 7 days/week, including holidays (after the completion of the telephone and dial up response). Emergency Response Services listed above describe ATS' response time to an emergency situation only. The use of on-line and/or on-site emergency service is not included in the scope of this contract and will be billed at the applicable time & material rates. The labor and material rates for 2016 are listed below. Prices are subject to change. 6 After -Hours Support: Emergencies can and usually happen when you least expect it and many times on the weekends or after 5:00 PM. It is very important to ATS to provide support in all emergency situations for all of our customers. We have available a 24-7 emergency answering service. You can utilize this service in an after-hours emergency situation by calling (425) 251-9680. After receiving the call we will first attempt to solve the issue on-line as described in the On-line Emergency Response section of this proposal. If the problem persists we will discuss it with you and upon your approval dispatch a service technician to your site. As a Standard Emergency Response customer we do not guarantee the after-hours response time in an emergency situation. Any/all after-hours labor will be billed as listed in the General ATS Customer Support Agreement Features section of this proposal. 7 6. General ATS Customer Support Agreement Features (Included with all service plans) • Account Manager - The Account Manager will be responsible for your total service satisfaction. Your Account Manager will provide the designated services, monitor equipment performance, track equipment service history, and consult with you to meet your objectives. Your Account Manager will also serve as your initial, single point of contact for all ATS matters. • Dedicated Service Team - Our Service Team knows Alerton systems. A Primary and a Secondary ATS Service Technician will be assigned to your support agreement account. All of our service technicians are factory trained on Alerton equipment, and are specialists in maintaining and troubleshooting your system. • Documentation - All service visits will be documented by a work order detailing the service performed, materials used, and hours spent • System and Service Log - ATS will provide you with a log for documentation of concerns, system problems, and other related items requiring our attention. Each scheduled service visit shall begin with a review of the log. • Price Advantage- Discounted Labor and Material - As Support Agreement customer; you will receive a discount off the normal labor and material prices. You will receive approximately an 18% discount on labor and an additional 22% discount on material. For any components listed in the Alerton Controls Price List your multiplier will be .45 times List Price. Following are the prices for 2017. Please note that prices are subject to change. Note: Any additional hours used beyond Service Agreement planned visits and/or individual purchase orders, will be charged at the preferred rates listed below. Labor Rates: 8 Standard Time & Material Rate (M -F 8 AM to 5 PM) excl. Holidays Preferred Time & Material Rate (M -F 8 AM to 5 PM) excl. Holidays Standard Overtime Rate (M -F 5 PM to 8 AM, Sat, Sun & Holidays) Preferred Overtime Rate (M -F 5 PM to 8 AM, Sat, Sun & Holidays) Service Engineer $ 145.00 $ 115.00 $ 195.00 $ 155.00 Account Manager $ 145.00 $ 115.00 $ 195.00 $ 155.00 8 ATS Automation - Tentative Calendar of Services Customer: Yakima Police Department Checked items are included as detailed Database Protection Preventative Maintenance Visits Control System Analysis Energy Monitoring and Optimization Central Equipment Performance Testing AHU Performance Testing Chilled Water System Testing Hot Water System Testing Services: in "Support Agreement Features" 2017-2022 Support Agreement Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec X X X X X X X Other X Limited Troubleshooting and Diagnostics Included X Account Management Included X Emergency Response Services Included X Material & Labor Discounts Included Spare Parts Allowance X Additional Support Hours (20) hours annually X Technology Updates Included 9 Support Plan Pricing Summary: We have included the following Custom Service Plan Features in this agreement as detailed in the previous section: Technology Updates Database Protection Troubleshooting & Diagnostics Preventative Maintenance & Equipment Functional Performance Testing - 4 visits annually Flex Hours Support - Twenty (20) hours annually Priority Emergency Response Parts and Labor Discounts Pricing for these features is based on a 5 -year program, billed quarterly in advance. Year 1: $ 10,578.00 plus WSST; beginning May 1, 2017 Year 2: $ 10,578.00 plus WSST Year 3: $ 10,578.00 plus WSST Year 4: $ 10,578.00 plus WSST Year 5: $ 10,578.00 plus WSST ATS believes that this proposal includes the best interests of Yakima Police Department and is based on your input. Please feel free to contact me if you have any changes. If accepted, sign and date below and return to ATS with purchase order information. The other copy is for your records. The pricing stated in this proposal is valid for sixty (60) days. Prices stated do not include applicable taxes. We understand budget constraints are an ongoing concern; as such this agreement may be modified or cancelled due to future financial constraints. Modification/Cancellation conditions are detailed in the "Terms and Conditions" section 1.3 (attached). Sincerely, Darin Fox Service Sales Engineer Proposal Accepted Signa #re, Date &fir LA -4 tr 04 W116- Please IZcPlease Print Name C(7 � 1 ,vi61 Title CITY CONTRACT NO: sL O ! ` ~ Oco RESOLUTION NO: fl (4 10 ATS Automation, Inc. TERMS AND CONDITIONS The following terms and conditions are attached to and form an integral part of ATS Automation, Inc.'s (referred to herein as "ATS") Customer Support Agreement Proposal ("Proposal"). The portions of such Proposal relating to "Scope of Work" or any "Proposed Solution" (in either case, referred to herein as the "Proposed Solution"), together with these terms and conditions, are collectively referred to as the "CSA Agreement". Article 1: General 1.1 a) The CSA Agreement, when accepted in writing by the Customer and approved by an authorized representative of ATS shall constitute the entire, complete and exclusive agreement between the parties relating to a technical support program ("Services") for the equipment and software identified in the List of Equipment or the Service Coverage Report attached to the CSA Agreement ("Equipment") and shall supersede and cancel all prior agreements and understandings, written or oral, relating to the subject matter of the CSA Agreement. The CSA Agreement and any rights or obligations thereunder may not be assigned by either party without the advance written consent of the other. (b) The terms and conditions of this CSA Agreement shall not be modified or rescinded except in writing, signed by a corporate officer of ATS. ATS's performance under this CSA Agreement is expressly conditioned on Customer's assenting to all of the terms of this CSA Agreement, notwithstanding any different or additional terms contained in any writing at any time submitted or to be submitted to ATS by Customer relating to this subject matter. c) The terms and conditions set forth herein shall supersede, govern and control any conflicting terms of the Proposed Solution or the Proposal. 1.2 This CSA Agreement shall automatically renew for successive one (1) year periods beginning on the anniversary date of the original term as set forth in the Proposal, unless stated otherwise in the CSA Agreement 1.3 At any given time during the contract period, either party may terminate this CSA Agreement by giving the other party at least thirty (30) days prior written notice intent not to renew. This Agreement will then be terminated (30) days after receipt of said intent. Any amendments to this CSA Agreement will require written consent of both parties before implementation can occur. 1.4 This CSA Agreement shall be governed by and enforced in accordance with the laws of the State of Washington. 1.5 Customer will at all times designate a contact person with authority to make decisions for Customer regarding the Services. Customer will provide ATS with information sufficient to contact such person in an emergency. If such representative cannot be reached, any request for Service received from a person located at Customer's premises will be deemed authorized by Customer, and ATS will, in its discretion, act accordingly. 1.6 ATS will be permitted to control and/or operate all Equipment necessary to perform the Services. Article 2: Equipment Testing, Inspection and Maintenance 2.1 The Customer represents that all Equipment is in satisfactory working condition. By the latter of the first thirty (30) days of this CSA Agreement or the first scheduled inspection, ATS will have inspected all the Equipment 2.2 If the Proposed Solution provides for maintenance, any repairs and replacements of Equipment are limited to restoring the proper working condition of such Equipment. ATS will not be obligated to provide replacement Equipment that represents significant capital improvement compared to the original. Exchanged components become the property of ATS. Article 3: Charges, Fees and Invoices 3.1 Payments to be made under this CSA Agreement will provide for, and be in consideration of, only Services specifically included under the Proposed Solution. All other Services, including but not limited to the following, shall be separately billed or surcharged on a time and materials basis: (a) emergency Services performed at Customer's request, if inspection does not reveal any deficiency covered by this CSA Agreement; (b) Services performed other than during ATS's normal working hours; and (c) Service performed on equipment not covered by this CSA Agreement 3.2 Invoices are due upon receipt or otherwise as may be set forth therein. If any payment is not received when due, ATS may deem Customer to be in breach hereof and may enforce any remedies available to it hereunder or at law, including without limitation suspension or termination of Services and acceleration of payments. Article 4: Allocation of Risk 4.1 (a) Until one year from either the date hereof or the date the Equipment is installed, whichever first occurs, all equipment manufactured by ATS or bearing its nameplate will be free from defects in material and workmanship arising from normal use and service. (b) Labor for all Services under this CSA Agreement is warranted for 90 days after the work is performed. 4.2 The limited warranties set forth in Section 4.1 will be void as to, and shall not apply to, any Equipment (i) repaired, altered or improperly installed by any person other than ATS or its authorized representative; (ii) subjected to unreasonable or improper use or storage, used beyond rated conditions, operated other than per ATS's or the manufacturer's instructions, or otherwise subjected to improper maintenance, negligence or accident; (iii) damaged because of any use of the Equipment after Customer has, or should have, knowledge of any defect in the Equipment; or (iv) not manufactured, fabricated and assembled by ATS or not bearing ATS's nameplate. 4.3 ATS will indemnify Customer from and against losses, claims, expenses and damages (including reasonable attorney's fees) for personal injury or physical damage to property, but not loss of use of the property resulting from such damage or from damage to any work performed hereunder. Such indemnification shall be solely to the extent caused by or arising directly from ATS's or its employees', consultants' or agents' negligent acts or omissions or willful misconduct in connection with its performance of Services hereunder. ATS's obligations under this indemnity provision shall not extend to claims, losses, expenses and damages arising out of or in any way attributable to the negligence of Customer or its agents, consultants or employees other than ATS. Article 5: Customer Responsibilities 5.1 Customer will operate and maintain all Equipment in accordance with applicable manufacturer's specifications, including those set forth in the manufacturer's operating manuals or instructions, as well as all requirements of applicable law or of authorities having jurisdiction. 5.2 Customer will promptly notify ATS of any unusual operating conditions, system malfunctions or building changes that may affect the Equipment or any Services. 5.3 Customer will provide ATS with reasonable means of access to the Equipment and shall make any necessary provisions to reach the Equipment and peripheral devices. Customer will be solely responsible for any removal, replacement or refinishing of the building structure or finishes that may be required to gain access to such Equipment. Article 6: Limitations of Maintenance or Service Obligations 6.1 ATS will not be responsible for the maintenance, repair or replacement of, or Services necessitated by reason of: (a) non -maintainable, non - replaceable, or obsolete parts of the Equipment, including but not limited to ductwork, shell and tubes, heat exchangers, coils, unit cabinets, casings, refractory material, electrical wiring, water and pneumatic piping, structural supports, cooling tower fill, slats and basins, etc. unless otherwise specifically stated herein; or (b) negligence, abuse, misuse, improper or inadequate repairs or modifications, improper operation, lack of operator maintenance or skill, failure to comply with manufacturer's operating and environmental requirements, Acts of God, or other reasons beyond its control. ATS assumes no responsibility for any service performed on any Equipment other than by ATS or its agents. 6.2 ATS shall not be responsible for loss, delay, injury or damage that may be caused by circumstances beyond its control, including but not restricted to acts or omissions by Customer or its employees or agents, Acts of God, war, civil commotion, acts of government, fire, theft, corrosion, flood, water damage, lightning, freeze -ups, strikes, lockouts, differences with workmen, riots, explosions, fuel, labor or materials. 6.3 ATS is not responsible for repairs, replacements or services to Equipment due to corrosion, erosion, improper or inadequate water treatment by others, electrolytic action, chemical action or other reasons beyond its reasonable control. 6.4 ATS shall not be responsible for the removal or reinstallation of replacement valves, dampers,,•waterflow and tamper switches required from pipes and duct work including any venting or draining systems. 11