HomeMy WebLinkAboutPROPOSAL RESOLUTION 2006-476 "7I ' UL
J HNS DN PROPOSAL Johnson Controls,Inc,
Systems and Services Division
CONTR LS 1351 60th Street N.E.
Cedar Rapids, IA 52402
Tel.319/395-7070
FAX: 319/393-3247
TO: City of Waterloo DATE: June 1, 2006
ATTN: Mr. Louis Cutwright
Building Official/Maintenance Administration
715 Mulberry Street
Waterloo, IA 50703
PROJECT: Five Sullivan Brothers Convention
Center Phase Two— Mechanical Upgrade
We propose to furnish the materials an/or perform the work described above for a net price of Two Hundred
Seventy-Five Thousand Nine Hundred and Fifty-One Dollars ($275,951) Base Bid.
For the above price, this proposal includes all of the facility improvement measures that are listed in the Scope of
Work Section of the RFP issued on April 17, 2006 by Mr. Louis Cutwright.
And is limited to that work defined by the request for proposal issued on April 17, 2006 including Addendum
Number One.
Alternates to this proposal are: NONE
(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
M 27/7 C1-1610•C' ).e0 7 We)
Signature Date ignature Date
Jim McDowell
Name: 1;m )4(,c,'/c , Name:
Title: rayt, 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 fumished 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.
Johnson Controls,Inc.
Systems and Services Division
1351 60th Street NE
Cedar Rapids,IA 52402-1252
Tel.319/395.7070
FAX: 319/393.3247
JIHNSON
CONTRCONTkILS
June 1, 2006
City of Waterloo
ATTN: Mr. Louis Cutwright
Building Official/Maintenance Administration
715 Mulberry Street
Waterloo, IA 50703
Project-Five Sullivan Brothers Convention Center
Phase Two- Mechanical Upgrade
Schedule of Values
Mobilization $ 27,595.00
Material $ 139,862.00
Installation $ 85,095.00
Project Management / Engineering $ 15,443.00
Commissioning $ 7,956.00
Total $ 275,951.00
CITY OF WATERLOO JOHNSON CONTROLS, INC.
Purchaser- Company Name
- � - scY, jr cn&ele 4//vim
Signature Date nature Date
Name: / J yur/ey Name: Jim McDowell
Title: fayor Title: Systems Integration Services
06/01/2006 11:15 FRANK HAACK & ASSOC 4 13193933247 NO.978 D03
M1. a i o t3A$ECO•lnturenaa Company
P4 Boa 94828
ae*Ale,WA 88120525
aond No, 642412Q -
PaREORMANCE BONO
Conforms with The American institute of Architects
A.I.A.document No.A-311
KNOW ALL LY THESE PRESENTS: that Johnson Controls, Inc.
(Hero(neerl fug name and Wraps or legal title of contractor)
5757 North Green Bay Avenue, Milwaukee,WI 53209
its PrittclPat,hereinafter called Contractor,and, SAFECO INSURANCE COMPANY 05 AMERICA
(Hare!lean full name rind addrnma or legal tide of Surety)
Safeco Plaza, Seattle, WA 98185
as Surety,hereinafter called Surely, fire held and firmly hound unto City of Waterloo
(Hare Inaort full neme and seams a►,coal titla of owner)
718 Mulberry Street, Waterloo, IA 50703
a$ Obligee, hereinafter called Owner, In the amount of Two Hundred Seventy Five Thousand Nine Hundred Fifty
One Dollars and 00/100 politics($276,951.00
for the payment whereof Contractor and Surety bind themselves,their heirs, executors, administrators,successors and assigns,jointly
and severally,firmly by these presents,
WHI?RFAS,
Contractor has by written agreement dated June 5 , 2006 , entered into a contract
with Owner for
(Hero Insert full namf5,Address and oeacrlptlen of project)
DOC Project
in accordance with Drawings and Specifications prepared by
(Flute)Heart full Home and address or legal htla of Archllecl)
which contract is by reference made a part hereof.and is hereinafter referred to rte the Contract,
S-12i91SAEF 10109 Page 1 of 2 earecots anti the 9afeco logo are trademarks of Waco CofForOl1On.
06/01/2006 11:15 FRANK HAACK & ASSOC - 13193933247 NO.978 D04
BOND #6424120 .„-
PERFORMANCE BOND •
NOW, THEREFORE, TEE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said•
Contract,then this obligation shall be null.and void;otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or contract pr contracts of completion arranged under this paragraph)
extension of time made by the Owner. sufficient funds to pay the cost of completion less the balance of the
contract price;but not exceeding,including other costs and damages
Whenever Contractor shall be, and declared by Owner to be for which the Surety may be liable hereunder, the amount set forth
i.n default under the Contract, the Owner having performed in the first paragraph hereof. The term "balance of the contract
Owner's obligations thereunder, the Surety may promptly remedy price," as used in this paragraph, shall mean the total amount
the default,or shall promptly payable by Owner to Contractor under the Contract and arty
amendments thereto, less the amount properly paid by Owner to
I) Complete the Contract in accordance with its terms and Contractor,
conditions,or
2) Obtain a bid or bids for completing the Contract in accordance Any suit under this bond must be instituted before the
with its terms and conditions,and upon determination by Surety of expiration of two (2) years from the date on which final payment
the lowest responsible bidder, or, if the Owner elects, upon under the Contract falls due.
determination by the Owner and the Surety jointly of the lowest
responsible bidder, arrange for a contract between such bidder and No right of action shall accrue on this bond to or for the use of
Owner,and make available as Work progresses(even though there any pet-son.Co-corporation other than ,.he Owner named herein or the
should be a default or a succession of defaults under the heirs,executors,administrators or successors of the Owner,
r
Signed and sealed this in day of JUNE , 2006 ,
Load 4a.. 41.(1.4JOHNSON CONTROLS, INC. (Seal)
(Witness) (Principal)
SCO D. MCBRIDE; ATTORNEY-IN-FACT" (Title)
,� •.c. s..�....- SAFECO INSURANCE COMPANY OF AMERICA (Seat)
(Witness) (Surety)
MARY K. SS , ATTORNEY-IN-FACT (Tide)
s-1214?SA�F 5i09 Pogo 2 of 2
06/01/2006 11: 15 FRANK HAACK & ASSOC -> 13193933247 NO.978 P05
-
Safec(.) ,r- SAPECO Insurance Company
PO Deg 3402e
Seattle,WA 88124-1525
LABOR AND MATERIAL PAYMENT Bond No.6424120
BOND Conforms with Thu American Institute of Archltacte
A.I.A.Document No,A•311
THIS BOND IS issuep SIMUI.TANEOu8LY WITH FERFORMANCE HONo IN FAVOR OFTHP
OWNER CONDITION) 0 ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
KNOW AU.BY THESE PRESRNTSr that Johnson Controls, Inc.
(Hero Insert ruff name and address or legal tlue of Contractor)
5757 North Green Bay Avenue, Milwaukee,WI 53209
as Principal,hereinatl'er Caned Principal,and, SAFBCO INSURANCE COMPANY OF AMERICA
(Here Insert lutt name and ocfrifeie Or loyal Utfe of Surety)
Safeco Plaza, Seattle,WA 98185
es Surety,hereinafter Galled Surety,are held and firmly bound unto City of Waterloo
(Here Insert MI name end eddresb or logaf Ulla of Owner)
715 Mulberry Street, Waterloo, IA 50703
ar Obligee,hereinafter Galled Owner, for the tin and benefit of claimants as hereinbelow defined,in the amount of
Two Hundred Seventy Flve Thousand Nine Hundred Fifty One Dollars and 00f100 Dollars($275,951.00 ).
for the payment whereof Principal and Surety bind themselves,their heirs,executors,administrators,successors and assigns jointly and
severally,firmly by these presents.
WHEREAS,
Principal has by written agreement dated June 5 , 200E , entered into a contract
with Owner for
Mara',wert full name,etJcJrase and descrlpllcn of protect)
DOG Project
in accordance with Drawings and Specifications prepared by
(Mere laser;full name end address or legal Ulla of Arttlect)
which contract is by reference made a part hereof,and is hereinafter referred to as the Contract.
8.1Z2e19AEF ict90 Pogo 1 of 2 ear000e And the Woo No ero Irebemwrfca 4r Serece Corporaeton.
FtQP
06/0172006 11:15 FRANK HAACK & ASSOC 4 13193933247 NO.978 D06
BOND #6424110
LABOR AND MATERIAL PAYMENT BOND
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shell promptly make payment to all claimants as hereinafter
ctetined,for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void;otherwise it shall
remain in full force and effect,subject,however,to the following conditions:
1. A claimant is defined as one having a direct contract with the were furnished, or for whom the work or labor was done or performed. A,-
Principal or with a Subcontractor of the Principal for labor, material, or Such notice shall be served by mailing the same by registered mail or
both, used or reasonably required for use in the performance of the certified mail,postage prepaid, in an envelope addressed to the Principal,
Contract, labor and material being construed to include that part of water, Owner or Surety,at any place where art office is regularly maintained far
gas, power, light, heat, oil, gasoline. telephone service or rental of the transaction of business,or served in any manner in which legal process
equipment direetly applicable to the Contract. may be served in the state in which the aforesaid project is located, save
that such service need not be made by a public officer.
2. The above named Principal and Surety hereby jointly end
severally agree with the Owner that every claimant as herein defined,who b)After the expiration of one(i)year following the date on which Principal
has not been paid in full before the expiration of a period of ninety(90) , ceased Work on said Contract, it being understood, however, that if any
days after the date on which the last of such claimant's work or labor was limitation embodied in this bond is prohibited by eny law controlling the
done or performed,or materials were furnished by such claimant,may sue construction hereof such limitation shall be deemed to be amended so as to
on this bond for the use of such claimant, prosecute the suit to final be equal to the minimum period of limitation permitted by-such law.
judgment for such sutra or sums as may be justly due claimant, and'have
execution thereon_The Owner shall not be liable for the payment of any
costs or expenses of tiny such suit, c)Other than in a state court of competent jurisdiction in and for the county
or other political subdivision of the state in which the Project,or any part
thereof, is situates),or in the United States District Court for the district in
3. No suit or action shall he commenced hereunder by any claimant: which the Project,or any part thereof,is situated,and not elsewhere.
a) Unless claimant, other than one having a direct contract with the
Principal, shall have given written notice to any two of the following: the 4. The amount of this bond shalt be reduced by and so the exten•
t of
Principal, the Owner,or the Surety above named, within ninety(hp) days any payment or payments macic in good faith hereunder, inclusive of the
after such claimant did or perlbrmed the last or the work or labor, or
payment by Surety of mechanics.lions which may be filed of record agtiipst
furnished the last of the Ipnterials for which said claim is made, stating said improvement, whether or not claim for the amount of such lien be
with substantial accuracy the amount claimed and the name of the party to presented under and against this bond.
whom the materials
Signed and sealed this 1ST day of JUNE 2006
/DOA-624 -- CQOJ JOHNSON CONTROLS, INC. (Seal)
(Witness) { (Principal)
SC T D. MCBRIDE: ATTORNEY-IN-FACT (Title)
SAFECO INSURANCE COMPANY OF AMERiCA (Seal)
(Witness) (Surety)
MARY K. SS ;ATTORNEY-IN,FACT (Title)
13•122Q/SA0 F 2/08 Page 2 of 2
06/01/2006 11:15 FRANK HAACK & ASSOC 3 13193933247 NO.978 D07
Johnson Controls, Inc,
5767 N. Green Ray Avenue
Post Office Iaox 581
Mjlweukee, WI 5320i-0591
Tel, 414/524 1200
JOIHNSON P J ELATION Of AUTHORITY
CONTR LS
The undersigned, President of Johnson Controls, Inc., a Wisconsin corporation, pursuant to the
authority vested in him by a certain resolution adopted by the Board of Directors of the Company on
January 23, t 980,hereby authorizes
Scott McBride
Risk Management Services
to perform, on behalf of the Company, the,acts described below:
To execute and deliver, as attorney-in-fact for the Company, any and all assignments of surety,
performance, and bid bonds necessary and proper in carrying on the business of the company,
This authority does�t extend to
a. the execution of contracts for the performance of work, sale of goods, and furnishing of
services;
b, the collection, receipt and recovery of monies due or to become due to the Company and
the issuance o receipts and releases for the payment thereof;
c, the signing army notes,contracts, or any other agreement to borrow money in the name
of the Company; and
d. the signing, on behalf of the Company, of any deeds, abstracts, offers to purchases, or any
other instruments pertaining to the purchase or sale of real property.
This authority shall remain in full force and effect until revoked in writing by the President of the
Company,
Signed at Milwaukee, Wisconsin, this 6th clay of April, 2006.
J y
Pre ent Attest
Secretary ff
(SEAL)
4
rj0•
; � r
' cEi J '
OE/O1/21305 11: 15 FRANK HAACK & ASSOC -* 13193933247 NO.978 D08
•
94524
af%Co POWER Saraco'neurenceCompanies
aOF ATTORNEY Seartt ORI rWASa1 4-1526
5155
KNOW ALI.BY THESE PRESENTS; No.
That SAFECO INSURANCE COMPANY OF AMERICA and GENERA!_ INSURANCE COMPANY OF AMERICA, each a
Washington corporation,does eecl hereby appoint
'k`*'r'r"I*CYNTHIA A.GROSS;WILLIAM R,HAACK;TRACY K.MATTHEWS;ROBERT F.MCINTYRE;MARY K.05SE;
AMY 5.SHAVER;Milwaukee,Wlscnnsln•"""""" "e%404. """r"~r**"r
•
Its true and lawful atlorney(s)-In-fact,with full authority to execute on Its behalf fidelity and surety bonds or undertakings and other
documents of a similar character issued in the course of its business,and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL iNSURANCE COMPANY OF
AMERICA have each executed and attgeted these pre ente
6th September - 2005
this day or
,1603,11xsuW'aite
STEPt &ftIE PA6EY•WAT al;w s ETARY Mlt(F AFRa PRE5ID'E T g I -12
CERTIFICATE
Extract from the By-Lows of SAFECO INSURANCE COMPANY OF AMERICA
find of GENERAL tNSUR.ANCE COMPANY OF AMERICA:
"Article V,Section 13.-FIDELITY AND SURETY BONDS•,,the President,any Vice President,the Seuetary•and any Assistant Vice
President appointed for that purpose by the officer in charge of surety operations,shad each have authority to appoint Individuals es
allorrley5•in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surely bonds and
other dpeyments of similar character issued by the company in the course of its business,..On any Instrument making or evidencing
such appointment, the signatures may be affixed by facsimile. On any Instrument conferring such authority or on any bond of
undertaking of the company, the seal, or a facsimile thereof, may be Impressed or affixed or In any other manner reproduced:
provided,however,that the seal shall not be necessary to the validity of any such Instrument or undertaking.'
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA soopted July Zs,1970
"On any certificate executed by the Secretary or an assistant secretary of the Company selling out,
f) The provisions of Alicia V,Section 13 of the By-Laws, and
(ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and
(iii) Certifying that said power-of-attorney appointment Is in full force and effect.
the signature of the certifying officer may be by facsimile,and the seal OM Company may be a facsimile thereof,^
I,Stephanie Daley-Watson ,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL-INSURANCE
COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors
of Mese corporations,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both ere EyLaws.Ine Resolution
and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF,I have hereunto set my band and affixed the facsimile seal of said corporation
this 1 ST day of JUNE � • 2046
/Lag.
E
SEAL SEAL I „,pla.,u,' a4-
f.
FDA wAy0' WO STEPHANIE DAt-EY•WATSON,SECR1:TARY
wecilt 4n4 iho Solace lepa are regierered rre emArke of Sareco Corpar'Son.
S•o9'4f0S 4105 WEd POF