HomeMy WebLinkAbout890353.tiff RESOLUTION
RE : APPROVE PROPOSAL FROM JOHNSON CONTROLS AND AUTHORIZE CHAIRMAN
TO SIGN
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS , the Board has been presented with a Proposal from
Johnson Controls concerning the Interface of the Conventional
Building Temperature Control System to the Building Automation
System for the Motor Pool Service Center, and
WHEREAS, after review, the Board deems it advisable to
approve said Proposal , with Johnson Controls being the sole
provider.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Proposal from
Johnson Controls be , and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign said Proposal .
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 19th day of
April, A.D. , 1989 .
/7 / BOARD OF COUNTY COMMISSIONERS
ATTEST: t727 /A(14/-A jE .J WELD COUNTY, COLORADO
J
Weld County lerk and Recorder '
and Clerk to the Board C.W. Kir y, airman
Hbctnaifr-
APPROVED AS TO FORM: ,ene R. Brantner
George Kenned `c;
County Attorney
Gor
n
re 890353
Johnson Controls, Inc.
Systems and Services Division
10289 West Centennial Road
J HNSON PROPOSAL Littleton, CO 80124,-2,8,
CONTR®LS
TO: Weld County of Colorado DATE: 4/12/89
915 10th Street
Greeley, Colorado 80631 PROJECT: Motor Pool Service Center
Greeley, Colorado
Part "B" - Interface of the Conventional Building Temperature Control System
to the Building Automation System.
We propose to furnish engineering design for Part B described above for
a price of SIX THOUSAND TWO HUNDRED SIXTY EIGHT DOLLARS and 00/100
($6,268.00) as specified in Section 15900 "Controls & Instrumentation",
Page 15.90 through 15.93.
This proposal includes design, point to point wiring diagrams and field
inspection and validation (3 days) for the extension of the Building
Automation System.
This proposal does not include:
- conduit, wire and junction boxes.
- installation and wiring.
- equipment (panels and field hardware).
Johnson Controls will need temperature control drawings for the mechanical
equipment (pumps, air handling units, exhaust fans, etc.) in order to show
point to point wiring, panel and sensor locations.
Please do not hesitate to call us if you have any questions or need any
further information.
(IMPORTANT: This proposal incorporates by reference the terms and conditions on the reverse
side hereof.)
This proposal is hereby accepted and This proposal is valid until
Johnson Controls is authorized to
proceed with the work; subject, however, May 30, 1989
to credit approval by Johnson Controls, Inc.,
Milwaukee, Wisconsin.
Weld County, Colorado JOHNSON CONTROLS, INC.
Purchaser— Company Name
1/7
Signature Signature
Name: C.W. Kirby Name: Mohammed Sadaoui
Title: Chairman, Board of Commissioners Title: Sales Engineer
. Date: '
4/19 890353
ATTEST: a +u4.C.4t40.
C
Form 975-A (Rev. 6 88)/ ;1")_20.6/-
Printed In U.5 A.
By: /2i 1 ' i
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, shall be distributed and installed by
others under Johnson's supervision but at no additional cost to Johnson. Purchaser agrees to provide Johnson with
required field utilities (electricity, toilets, drinking water, project hoist, elevator service, etc.) without charge. Johnson
agrees to keep the job site clean of debris arising out of its own operations. Purchaser shall not back charge Johnson
for any costs or expenses without Johnson'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 sub-
stances, to include but not be limited to asbestos or PCBs, discovered in or on the premises. Any language or provi-
sion 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 relat-
ing to Hazards without JCI's express written consent.
2. INVOICING & PAYMENTS. Johnson 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
Johnson's initial invoice. Purchaser agrees to pay Johnson 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 Johnson's in-
voice 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 Johnson, then in the 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,
Johnson 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 sub-
stitute therefor.
4. WARRANTY. Johnson 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
Johnson, for a period of one (1) year from installation. Johnson warrants that for equipment furnished and/or installed
but not manufactured by Johnson, Johnson will extend the same warranty terms and conditions which Johnson re-
ceives from the manufacturer of said equipment. For equipment installed by Johnson, if Purchaser provides written
notice to Johnson of any such defect within thirty (30) days after the appearance or discovery of such defect,
Johnson shall, at its option, repair or replace the defective equipment. For equipment not installed by Johnson, if
Purchaser returns the defective equipment to Johnson within thirty (30) days after appearance or discovery of such
defect, Johnson 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 Johnson 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 MER-
CHANTABILITY AND FITNESS FOR A SPECIFIC PURPOSE.
5. LIABILITY. Johnson 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 Johnson or, alternatively, shall provide Johnson with acceptable tax exemption certificates. Johnson shall pro-
vide Purchaser with any tax payment certificate upon request and after completion and acceptance of the work.
7. DELAYS. Johnson shall not be liable for any delay in the performance of the work resulting from or attributed to acts
or circumstances beyond Johnson's control, including, but not limited to, acts of God, fire, riots, labor disputes, condi-
tions of the premises, acts or omissions of the Purchaser, Owner, or other Contractors or delays caused by suppliers
or subcontractors of Johnson, etc.
8. COMPLIANCE WITH LAWS. Johnson 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. ATTORNEYS' FEES. Purchaser agrees that he will pay and reimburse Johnson for any and all reasonable attorneys'
fees which are incurred by Johnson in the collection of amounts-due and payable hereunder.
10. INSURANCE. Insurance coverage in excess of Johnson's standard limits will be furnished when requested and re-
quired. No credit will be given or premium paid by Johnson 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
Johnson unless accepted by Johnson in writing.
890353
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