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HomeMy WebLinkAboutJohnson Controls - Controler Replacement - 10/9/2006 JQHNSON PROPOSAL and Services Division Johnson Controls,Inc. CONT LS Systems a 135160"Street N.E. Cedar Rapids,IA 52402 Tel,319/395-7070 FAX: 319/393-3247 TO: City of Waterloo DATE: September 28, 2006 ATTN: Louis Cutwright, Building Official 715 Mulberry Street PROJECT: Replacement of the Water Waterloo, IA 50703 Damaged Controller WORK PROPOSED: Johnson Controls will furnish and install a new Web-Based Controller to replace the existing controller at the Art Center that failed as a result of water flowing into the Control Panel. We will perform this project for the sum of$11,360. This price includes the material, labor, and a one-year warranty. PAYMENT TERMS: 1. All invoices are due upon receipt. 2. Upon acceptance of this proposal, an invoice in the amount of 50% of the contract price will be issued for job mobilization. 3. Upon completion of the work, you will receive a final invoice for the remaining 50% of the contract price. (IMPORTANT: This proposal incorporates by reference the terms and conditions on the second page of this proposal hereof.) This proposal is hereby accepted and Johnson Controls is authorized to proceed with the work; subject, however, to This proposal is valid for the next credit approval by Johnson Controls, Inc, Milwaukee, Wisconsin 30 Days CITY OF WATERLOO JOHNSON CONTROLS, INC. Purchaser-Company Name A). u G Signature Date Signature Date Name: �yy, 141Ale yName: Jim McDowell Title:_ Qyo Y' Title: Systems Integration Services TERMS AND CONDITIONS By accepting this proposal,Purchaser agrees to be bound by the following terms and conditions: 1. SCOPE OF WORK. This proposal is based upon the use of straight time labor only, Plastering,patching and painting are excluded. "In-line"duct and piping devices, including, but not limited to, valves, dampers, humidifiers, wells,taps, flow meters, orifices, etc., if required hereunder to be furnished by Johnson Controls, Inc.(hereinafter referred to as JCI),shall be distributed and installed by others under JCI's supervision but at no additional cost to JCI. Purchaser agrees to provide JCI with required field utilities(electricity,toilets,drinking water, project hoist,elevator service,etc.)without charge. JCI agrees to keep the job site clean of debris arising out of its own operations. Purchaser shall not back charge JCI for any costs or expenses without JCI's written consent. Unless specifically noted in the statement of the scope of work or services undertaken by JCI under this agreement,JCI's obligations under this agreement expressly exclude any work or service of any nature associated or connected with the identification, abatement, clean up, control, removal, or disposal of environment Hazards or dangerous substances,to include but not be limited to asbestos or PCSs,discovered in or on the premises. Any language or provision of the agreement elsewhere contained which may authorize or empower the Purchaser to change,modify,or alter the scope of work or services to be performed by JCI shall not operate to compel JCI to perform any work relating to Hazards without JCI's express written consent. 2. INVOICING & PAYMENTS. JCI may invoice Purchaser monthly for all materials delivered to the job site or to an off-site storage facility and for all work performed on-site and off-site. Ten percent(10%)of the contract price is for engineering,drafting and other mobilization costs incurred prior to installation. This 10%shall be included in JCI's initial invoice. Purchaser agrees to pay JCI the amount invoiced upon receipt of the invoice. Waivers of lien will be furnished upon request,as the work progresses,to the extent payments are received. If JCI's invoice is not paid within 30 days of its issuance,it is delinquent. 3. MATERIALS. If the materials or equipment included in this proposal become temporarily or permanently unavailable for reasons beyond the control and without the fault of JCI,then in he case of such temporary unavailability,the time for performance of the work shall be extended to the extent thereof,and in the case of permanent unavailability,JCI shall(a)be excused from furnishing said materials or equipment,and(b)be reimbursed for the difference between the cost of the materials or equipment permanently unavailable and the cost of a reasonably available substitute therefor. 4. WARRANTY. JCI warrants that the equipment manufactured by it shall be free from defects in material and workmanship arising from normal usage for a period of one(1) year from delivery of said equipment, or if installed by JCI, for a period of one(1) year from installation. JCI warrants that for equipment furnished and/or installed but not manufactured by JCI,JCI will extend the same warranty terms and conditions which JCI receives from the manufacturer of said equipment. For equipment installed by JCI, if Purchaser provides written notice to JCI of any such defect within thirty(30)days after the appearance or discovery of such defect,JCI shall,at its option,repair or replace the defective equipment. For equipment not installed by JCI,K Purchaser returns the defective equipment to JCI within thirty(30)days after appearance or discovery of such defect,JCI shall,at its option,repair or replace the defective equipment and return said equipment to Purchaser. All transportation charges incurred in connection with the warranty for equipment not installed by JCI shall be bome by Purchaser. These warranties do not extend to any equipment which has been repaired by others, abused, altered or misused, or which has not been properly and reasonably maintained. THESE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES,EXPRESS OR IMPLIED, INCLUDING,BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY AND FITNESS FOR A SPECIFIC PURPOSE. 5. LIABILITY. JCI shall not be liable for any special,indirect or consequential damages arising in any manner from the equipment or material furnished or the work performed pursuant to this agreement. 6. TAXES. The price of this proposal does not include duties,sales,use,excise,or other similar taxes,unless required by federal,state or local law. Purchaser shall pay, in addition to the stated price, all taxes not legally required to be paid by JCI or, alternatively, shall provide JCI with acceptable tax exemption certificates. JCI shall provide Purchaser with any tax payment certificate upon request and after completion and acceptance of the work. 7. DELAYS. JCI shall not be liable for any delay in the performance of the work resulting from or attributed to acts or circumstances beyond JCI's control, including,but not limited to,acts of God,fire,riots,labor disputes,conditions of the premises,acts or omissions of the Purchaser,Owner or other Contractors or delays caused by suppliers or subcontractors of JCI,etc. 8. COMPLIANCE WITH LAWS. JCI shall comply with all applicable federal, state and local laws and regulations and shall obtain all temporary licenses and permits required for the prosecution of the work. Licenses and permits of a permanent nature shall be procured and paid for by the Purchaser. 9. DISPUTES. All disputes involving more than$15,000 shall be resolved by arbitration in accordance with the rules of the American Arbitration Association. The prevailing party shall recover all legal costs and aftomey's fees incurred as a result. Nothing here shall limit any rights under construction lien laws. 10. INSURANCE. Insurance coverage in excess of JCI's standard limits will be furnished when requested and required. No credit will be given or premium paid by JCI for insurance afforded by others. 11. INDEMNITY. The Parties hereto agree to indemnify each other from any and all liabilities, claims,expenses, losses or damages, including attorneys'fees, which may arise in connection with the execution of the work herein specified and which are caused,in whole or in part,by the negligent act or omission of the Indemnifying Party. 12. OCCUPATIONAL SAFETY AND HEALTH. The Parties hereto agree to notify each other immediately upon becoming aware of an inspection under,or any alleged violation of,the Occupational Safety and Health Act relating in any way to the project or project site. 13. ENTIRE AGREEMENT. This proposal, upon acceptance,shall constitute the entire agreement between the parties and supersedes any prior representations or understandings. 14. CHANGES. No change or modification of any of the terms and conditions stated herein shall be binding upon JCI unless accepted by JCI in writing.