The URL can be used to link to this page

Home My WebLink About13- Contract between Johnson Controls and the City of Bozeman for Professional Building Controls Upgrade ~ " MontenaGomice—Branch 329 `— 2785 Enterprise Ave, Shs~2 Johnson �� Billings MT 59102 PROPOSAL Tel. 406-656-6004 - _ Fax: 406-656-2997 T<]: City ofBozeman Bate: January 8. 2O13 Bozeman, MT Project: Professional Building Controls Upgrade We propose to furnish the materials and/or perform the work described below for the net price ofi Twenty Six Thousand Eight Hundred Forty Dollars $26,840.00 For the above price this proposal includes: This proposal will replace the existing York ISN electronic control system with a single, integrated, web-accessible Johnson Controls Metasys Direct Digital Control system for the equipment as listed. - Air handler in basement, includes new temperature sensors as required, new relays for supply and return fans, new DX cooling relay, new electro-pneumatic transducers to control existing actuators, - Pneumatic zone controllers will be replaced with digital thermostats, reuse existing pneumatic actuators on reheat coils (both basement and first f|onr). - Roof top unit serving second floor will be converted to Metasys controllers and integrated with new system in basement.All zone thermostats will be replaced, reuse all existing electronic actuators. - Boiler plant will be upgraded to integrate with Metasys system as well, new sensors as required. Pneumatic actuators will be reused. - Programming and functional testing of entire system. - One year labor warranty, three year parts warranty included. - Owner training of hours included. This proposal DOES NOT include: - Overtime labor, normal work hours are7:30omm43Opm Monday-Friday, - Asbestos Abatement This proposal and alternates listed below are hereby This proposal ie valid until:August 4. 2O13 accepted and Johnson Oumtro|sla authorized tu proceed with work; subject, hovwaveriocneditapprovm| byJohn000 Controls, Inc., N1i|vveukee. Wisconsin. Johnson Controls, Inc, Name: Name: Dutkowsky Title: Title: Account Executive Date: - PO: Page 1of 2 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 hereunderto be furnished by Johnson Controls, Inc. (hereinafter referred to as JCi), shah be distributed and installed by others under JCL'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 JCl for any costs or expenses without JCL's written consent unless specifically noted in the statement of the scope of work or services undertaken by JCI under this agreement, JCL'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 PCBs,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 JCL'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 JCL'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 withoui the fault of i 1,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,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 therefore, 5, LIABILITY. JC1 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. 8. 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. In addition to the stated price,purchaser shall pay 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 JCL'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. LEGAL FEES. Purchaser agrees to pay and reimburse JCI for any and all reasonable legal fees which are incurred by JCl in the collection of amounts due and payable under this Agreement. 14. ENTIRE AGREEMENT.This proposal, upon acceptance, shall constitute the entire agreement between the parties and supersedes any prior representations or understandings. 15. 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, Page 2 of 2