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HomeMy WebLinkAbout750709.tiff RESOLUTION RE: AGREEMENT BETWEEN JOHNSON CONTROLS INC. (FORMERLY JOHNSON SERVICE COMPANY) DENVER, COLORADO PROVIDING FOR TOTAL MECHANICAL MAINTENANCE SERVICE OF THE WALTON BUILDING LOCATED ON NORTH 11TH AVENUE, GREELEY, COLORADO, ON BEHALF OF THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES. WHEREAS, Johnson Controls, Inc. Denver, Colorado, has presented an agreement between itself and Weld County, providing for total maintenance service covering all mechanical, heating, ventilating, and air conditioning equipment installed throughout the Walton Building subject facility located at North 11th Avenue, Greeley, Colorado, on behalf of the Weld County Depart- ment of Social Services, and WHEREAS, Weld County, Colorado is desirous of obtaining a complete mechanical service agreement covering all heating, ventilating, and air con- ditioning equipment installed throughout the Walton Building on behalf of the Weld County Department of Social Services, and WHEREAS, after careful consideration, the Board of County Com- missioners, Weld County, Colorado believes it to be desirous and in the best interests of the County to enter into the aforementioned agreement as proposed and submitted and upon the basis recited therein. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Com- missioners, Weld County, Colorado, that said agreement providing for com- plete maintenance service covering all mechanical heating, ventilating, and air conditioning equipment installed through said Walton Building located at North 11th Avenue, Greeley, Colorado, on behalf of the Weld County Depart- ment of Social Services, per copy attached hereto and made a part hereof by reference, be, and it hereby is approved. BE IT FURTHER RESOLVED that the Board be, and it hereby is authorized, to execute the agreement as submitted and to make the same effective forthwith. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19 day of February, A. D. , 1975. BOARD OF COUNTY COMMISSIONERS WE COUNTY, COLORADO — e-SStrfrA Y ATTEST: %—ra< Weld County Clerk and Recorder and Clerk to the Board By , c�ccet CD (c' Lc'-c Deputy County;Clerk (fl ( j ✓ AP R V AS TOcFORM: C unty Attorney '. 750709 L ,HA' / r ekk ^ ^ eh. / SON CONTROLS INC. .. merly Johnson Set°vice Co) Building Automation Systems Service Agreement MILWAUKEE, WISCONSIN •53201 CUSTOMER: WELD COUNTY COURTHOUSE SERIAL NO: 15 48 3 ADDRESS: Greeley, Colorado 80631 DATE: February 5, 1975 In consideration of their mutual promises, Johnson Service Company and Customer agree to the following: A. SCOPE OF SERVICE Johnson shall service the equipment specified below in accordance with the applicable provisions of the Building Automation Systems Addendum ("Addendum") which is a part of this agreement. The type of service to be provided is that checked (V) below. L = Labor LP = Labor and Parts �\ LX TEMPERATURE & el L FIRE ALARM & ` ' HUMIDITY CONTROLS I SMOKE DETECTION it X AIR FILTERS LP LP Mi L CONTROL L SECURITY COIL LP CENTERS A' LP SYSTEMS F . CLEANING app L HEATING i(' L CLOCK SYSTEM W• t. WATER LP ,�1 - LP SYSTEM TREATMENT REFRIGERATION ° L 1LPL EMERGENCY PROCESS AND AIR CONDITIONING `I` LP SYSTEM LIGHTING ��� CONTROLS SILL ROOFTOP CONTRACT III � UNITS 4 LNURSE CALL f�LP LP OPERATIONS L ELECTRICAL itEQUIPMENT LP Exceptions and Additions' Location of equipment checked: Equipment Location Heating, Air Conditioning and Tempera- Walton Building ture Control Systems. Greeley, Colorado ❑ If checked (V), twenty-four hour emergency service is included. B. PRICE AND PAYMENT TERMS Except as otherwise provided herein, Customer shall pay Johnson $ 975 On payable W.—monthly C. DURATION for a total annual payment of I$ 1,650. 00 This agreement shall remain in effect for a period of one year from Marnh 1 , 19 75 and from year to year thereafter unless at least thirty (30) days prior to the expiration date of the original term or any extended term, either party gives to the other written notice of its intention to terminate the agreement. IMPORTANT: Additional Terms and Conditions on Reverse Side. CONTRACT NO. PURCHASE ORDER NO. BRANCH NO., I ACCOUNT NO. I RENEWAL DATE DATE OF ACCEPTANCE Control Tnr• JOHNSON7l 161020Qpyleip{ (303) 744-1321 CUSTOMER: Jean d Sn pi,pay .ojt — Denver. CO 80223 at Colo 0 BY. Star Al .P.r ,, ,,� (Sam S. Parkins) B TITLE Servi OP Sal PA Engi neer TITLE Di ractnr of Management and Budget DATE Pehrnary c 1975 DATE February 19, 1075 FORM NO. 658 REVISION 3/72 PRINTED IN U.S.A. ORIGINAL • • ADDITIONAL TERMS AND CONDITIONS . • 0.( INITIAL INSPECTION AND REPAIRS Johnson shall make an initial inspection and shall advise Customer of any equipment covered by this agreement which is inoperative or in need of repair. Johnson shall not be required to service such equipment until it is brought up to acceptable industry standards, except that upon special request of the Customer, Johnson shall service such equipment, but only with the understanding that Customer shall be responsible for its future repair or replacement. E. REPAIRS 1. Where Johnson is obligated under this agreement for repairs and replacement, such obligation shall be that described in Section A and the Addendum. 2. In no event, however, shall Johnson be obligated to repair or replace any equipment damaged by reason of the negligence, faulty system design, misuse, or abuse of anyone other than Johnson, or by reason of any other cause beyond Johnson's control, other than fair wear and tear. F. EMERGENCY SERVICE Service required to safeguard life or property shall be provided by Johnson at all times during Johnson's normal working hours (twenty-four hours if Customer so elected under Section A) for all of the equipment included herein, provided, however, that emergency service shall be limited to the type of service described under Section A, i.e. labor or labor and parts, as applicable. If emergency service discloses no defect for which Johnson is responsible under this agreement, or if the emergency service call is outside Johnson's normal working hours, and Customer has not elected twenty-four hour service, Customer agrees to pay Johnson the prevailing charge for such service. G. CHANGES TO SYSTEMS If Customer causes the systems included in this agreement to be changed in any material respect, this agreement shall be modified to incorporate such changes and the contract price shall be adjusted accordingly. - H. EXCLUSIONS The service to be provided under this agreement, unless otherwise specified, shall not include any of the following: 1. Duct work, plumbing, electrical power installations, and complementary equipment, e.g. kitchen equipment, range hoods and fans, refrigerators or laboratory equipment, etc. 2. Work necessitated by adjustments, repairs, or alterations by parties not authorized by Johnson. 3. Equipment under warranty. C.rtomer shall provide Johnson with a copy of any and all warranties covering the equipment now or hereafter included in this agreement. Johnson shall advise Customer if such equipment becomes defective within the warranty period, during which time Johnson shall not be responsible for replacing or repairing such equipment, but shall be responsible for the labor necessary to service and maintain such equipment to the extent provided herein. I. ACCESS It is agreed that Customer shall, at any and all times, provide Johnson with access to all devices which are a part of this agreement. Johnson may at reasonable times and as necessitated by maintenance procedures, regulate the primary equipment incidental to the operation of the mechanical systems. J. LIABILITY Johnson's responsibility for injury to persons or property shall be limited to injury caused directly by Johnson's negligence in performing its operations under this agreement, and in no event, shall Johnson be liable for consequential, special, or indirect damages. Johnson shall not be liable for any loss, delay, injury, or damage, whether direct or consequential, that may be caused by conditions beyond Johnson's control, including but not limited to acts of God, acts of Government, strikes, lockouts, fire, explosion, theft, riot, civil commotion, war, or malicious mischief. K. TAXES The prices quoted herein do not include any applicable sales and/or use taxes. Customer agrees to pay Johnson any present or future taxes or any other government charges now or hereafter imposed by existing or future laws with respect to the transfer, use, ownership, or possession of the equipment to which this agreement relates. L. NOTICES Any notice required shall be in writing and shall be sent by certified mail, addressed to the parties at the addresses indicated herein. M. ASSIGNMENT This agreement shall not be assignable without the prior written consent of the parties hereto. N. INSURANCE Johnson shall keep in force, for the term of this agreement, insurance for workmen's compensation, employer's liability, and public liability, and shall furnish evidence thereof upon Customer's request. The responsibility for insuring Customer's property, however, rests solely with Customer. 0. ENTIRE AGREEMENT This instrument embodies the entire agreement between the parties, and no oral agreement or correspondence shall be held to alter the provisions hereof. To be valid, all subsequent changes and modifications shall be embraced within a written instrument duly executed by both parties. —a." ‘.2 QJJOHNSON CONTROLS INC. (formerly Johnson Service Co) JOHNSON _ 1440 SOUTH LIPAN STREET • DENVER, COLORADO 80223 • TELEPHONE: 303-744-1321 February 5, 1975 Weld County Courthouse Greeley, Colorado 80631 Attention: Mr. James Deakins Superintendent of Buildings and Grounds Reference: WALTON BUILDING Dear Mr. Deakins: Please find enclosed, for your consideration, a Total Maintenance Service Agreement proposal covering all mechanical heating, ventilating, and air conditioning equipment installed throughout the subject facility. You will note, this proposal is based on six Preventive Maintenance Inspections a year. During each of these inspections, we will verify proper operating condition of all mechanical equipment and shall perform all necessary preventive maintenance procedures such as oiling motors, greasing pumps, inspecting motor pulleys and belts. Also, included is a thorough annual operational test procedure on the heating and cooling side of rooftop units. Enclosed, are copies of the service and inspection schedule used during these inspections. It should be understood that this is to be strictly a preventive maintenance procedure and that all necessary repairs and replacements to the mechanical system found to be necessary during these inspections, will be accomplished over and above the proposed contract amount. Air filters will be changed every sixty days, the cost of which is included in the agreement price. Repairs or replacements, other than those included under the contract, will not be made until the problem has been brought to your attention, along with an estimate of the cost of the necessary repairs or replacements, and your authorization is received. This letter as well as the terms spelled out under Appendix-A, are to be considered as a part and parcel of the contract. I trust this will meet with your approval and that you will sign and return the contract to my attention, keeping the original copy for your file. Very truly yours, JOHNSON CONTROLS INCORPORATED / j --1 'Sam S. Parkins Service Sales Engineer Denver Office cjb Enclosure Hello