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Home My WebLink AboutCOST INCURRED JohnsenAcesDN\s\oE S`ls\ems a 35 e600 SkveeS 402 da a'�ds,\P 010 ce Re 3191395132R1 FAY:,31913g3- SIN DPlE. pctobeC 5,2005 ^N marts Oenter • �� rove CO ell -`� e 2Faci��tyCO secs Co G� RC� C�.. ?base �ve gutCNanB p c•as o‘that CA Nurley hnson Cont\ng the city moves �C. City Mayo��\m J° sure Pttn'. act a d s G�ty Ha\\ ec'N Stceet •`,�d the c°Stsmpcovement p�0\ 15 Mu\b \p, 5��g3 tesaosc;e\ake6\ t`n�sWater\oo be,.\2,20Q:, w\th SePtemE>net costsCow �d a <� nd th 36p 925 oa co ;ou NO e b \eted Perth dd�i�ora\\y,y °�u��ty. \No Cp°m 16-- date• F w\th this°pp 2 3341 \o,�acd / a 16,3�g �� 5 Summa Contract 9e 00 \oP'nent $ 2,334 l 633 0) OC1\1\o ec\ng Sc°pe Deve r ng�o 2g�32 Mobs\�2ati�o'� pev\ces Zone Neat�Qeduct-�o Coe�tact ota\Net tl o�this d0cumen on the second page o�\g�nai\nv o\ce date �ti�ons 1e s days of the see tihe teems and sped •n VA S, C. d above W�th� N CON�Rpt. \N MppR�P �'. P\ease t deta�\e �ORNgO I v I i i 0 5 l\ ase Pay the aim°un � � pate p\e OF,�P,�ER�00 Name ryr� ENE Ct�� Company .► ,o S \gnatuce McDowe\\ purr\�asec � - �.. Date Name• J\m Sa\es So\ut�ons Se��ce i Y''� Name: a 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,if 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 borne 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 attorney'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. J^H NSON ORIGINAL CONTRz."'LS INVOICE Direct Inquires To: JOHNSON CONTROLS INC EASTERN IOWA/QUAD CITIES SERVICE 4703 15th Street A MOLINE, IL 61265 Federal ID#: 39-0380010 Bill To: CITY OF WATERLOO ATTN:LOUIS CUTWRIGHT Phone: 309-736-4300 715 MULBERRY ST Fax: WATERLOO,IA 50703 Mail Check To: Johnson Controls, Inc. Drawer 242 Milwaukee,WI 53278 Project Name/Project Site/Tax Loc Purchase Order/Date/Authorized By JCI Project/CO COW-Sullivan Phase 2 JCI Project Manager signed proposal 5114-0008 JAMES CHOSTNER 08/25/05 000 IA5070300 Ron Welper Period Covered Application# Invoice Number Invoice Date Terms Due Date 08/25/05-09/12/05 I 3 i 00013072087 09/15/05 NET CASH I 09/15/05 Original Contract Amount $360,925 Approved The Project Manager named above submits this application pp oved Change Orders: $0 with knowledge,information,and belief that the work covered New Contract Amount: $360,925 by this application for payment has been completed in accordance Work Completed To Date: with the Contract Documents,that all amounts have been paid $29,732 for Work for which previous applications for payment were Less Retention: $0 Total e Retention: issued and for which payments were received from the Owner $29,732 and that current payment shown herein is now due. Less Invoiced To Date: $0 Total Amount Due This Invoice: $29,732 Work Scheduled Previous Work In Stored Total Complete Balance 0% Item Description Value Application Place Material and Stored Percent To Finish Retention A B C D E F 1 Engineering Scope Development $16,340 G(D+E+F) H(G/C) I(C-G) J 2 Mobneei $0 $16,340 $0 $16,340 100% $0 $0 $2,334 $0 $2,334 $0 $2,334 100% $0 3 Zone Heating Devices $11,058 $0 $11 058 $0 4 Balance Of Contract $331,193 $0 $11,0$0 100% $0 $0 $0 $0 $0 $0 0% $331,193 $0 Totals $360,925 $0 $29,732 $0 $29,732 8% $331,193 $0 Page 1 of 1