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Home My WebLink AboutContract 41648-CO1City of Fort Worth ..,ITY S~CRETARY Change Order Request CON TRACiNO. t.f:Jtzt./f -CDi Change Order No . Date TPW Project No . Funding (FAC ) 1 (one) 5/2/11 GG04 539120 0246000 Facility and Project Description City Secretary Contract No. Replace Air Handling Units Fort Worth Convention Center ORIGINAL CONTRACT AMOUNT ............................................................... . EXTRAS TO DATE .................................................................... . CREDITS TO DATE ................................................................... . 41648 $ 634 ,723 $ 0 $ 0 CONTRACT COST TO DATE ................................................................................................. . AMOUNT OF PROPOSED CHANGE ORDER. ......................................................................... . REVISED CONTRACT AMOUNT ............................................................................................ . ORIGINAL FUNDS AVAILABLE FOR CHANGE ORDERS ........................................................... . REMAINING FUNDS AVAILABLE FOR CHANGE ORDERS ........................................................ . ADDITIONAL FUNDING (IF NECESSARY) ............................................................................... . IN ACCORDANCE WITH THIS CHANGE ORDER , THE CONTRACTOR SHALL: Furnish all labor and material for Ultra Sound Pipe Testing at 12 locations as per PCR 1 attached Total Add this Change ADD Add $ 634 ,723 $ 12 ,412 $ 647,135 $ 74 ,277 i R1 RR~ 0 $ 12 ,412 $12,412 It is understoo d and agreed that the acceptan ce of th is Change Order by the co ntracto r constitutes an accor d and satis fa ct io n and represents payment in fu ll (both ti m e an d money) fo r al l costs ari sin g out of, or in c idental to, the above Change Order Contractor's Name Johnson Controls , Inc Original Contra ct Time Add iti ona l Approve d Ti me To Date Approved Contract Time To Date Add itiona l Time For Th is Change Orde r 165cd O 165cd Ocd X Contractor -Johnson Controls , Inc o a ,..... .....-2 :::::::, Chief, Arch itectural Services Division Distributi on :File Attested by : Co nst ruction Manager Project Manager Contractor OPi'ICIAL RECORD tlTY SECRETARY Ft WORTH, TX Date ~/Al·PI Date ,,,bt/ Date eo1r3 ! ~. Date ~--t~, ( I Date ez. Johnson Controls -Building Efficiency 7461 Airport Freeway Richland Hills, TX 76118 Phone : 866-589-9413 FAX : 866-621-0399 April 12, 2011 City of Fort Worth Fort Worth Convention Center 1201 Houston Street Fort Worth, Texas 76102 Attn: Mr. Danny Rose Re: City of Fort Worth Convention Center Subject: East Exhibit Hall CHW and HW Piping Ultra-Sound Testing Dear Mr. Rose, Johnson Controls Incorporated is pleased to provide you with a price of: TWELVE THO USAND FOUR HUNDRED TWELVE DOLLARS AND NO CENTS($ 4,882.00), to perform Ultra Sound Testing in Twelve (12) locations for CHW and HW piping mains serving the East Exhibit Hall Air Handlers . PRICE BREAKDOWN Item QTY Cost Ext. Cost Sell Price CHW & HW Piping Ultra-Sound 12 $ 762.00 $ 9,144.0 0 $ 11,7 04.32 Sub Total $ 11,7 04.32 JC I Lab or Straight Time Labor 12 $ 59.00 $ 708.00 $ 708.00 Sub Total $ 708.00 Total $ 12,412 INCLUSIONS: 1. Twelve (12) Ultra Sound Piping Measurement 2 . Ultra Sound Test Reports 3. Cut and Remove Section of Insulation 4. Repair and Replace Piping Insulation 5. Straight Time Labor EXCLUSIONS: 1. Over Time Labor 2. State and Local Taxes If you have any question regarding this proposal please feel free to contact me at 214-797-9831. We would like to thank you for the opportunity to be of service to you . I Blu e lSk.Y. ~ nvo ve Page 1 of 3 ilYORK Service· JOHNSON CONTROLS, INC. This proposal is hereby accepted and Johnson Controls is authorized to proceed with the work; subject, however, to credit approval by Johnson Controls, Inc., Milwaukee, WI. Alternate Number Accepted -------- Purchaser -Company Name Signature Name :---------------------- Title : Date : This proposal valid 30 days past: April 12, 2011 JOHNSON CONTROLS, INC. Signature Name: Patrick Mooney Title: Senior Account Executive (Important: This Proposal incorporates by reference the attached Johnson Controls Terms and Conditions.) I Blue lSk_y .':..A nvo ve Page 2 of 3 ~YORK Service ~ .. JOHNSON CONTROLS, INC. Standard Terms and Condttions -U.S.A. (1) AGREEMENT AND LIMITATIONS. This document sets forth the terms and conditions of any sale by Seller of the specified product , equipment or services indicated on the reverse side hereof or attachment and is expressly made conditional on the assent of Buyer (hereinafter "B uyerj to these Standard Terms and Conditions. Buyer's acceptance of any part of the product, equipment or services sold or Buyers instructions to Seller to begin work or to ship any product or equipment after receipt of these Standards Terms and Conditions shall constitute such assent , and a waiver of all terms and conditions in its purchase order or similar document . which are different from or additional to those set forth herein . Sellers failure to object to provisions contained in any communication from Buyer shall not be deemed a waiver of these Standard Terms and Conditions. References to "products · or •equipmenr herein shall mean the product and equipment to be furnished by Seller as identified on the applicable Seller Quotation. These Standard Terms and Conditions may be modified or rescinded only by a writing signed by authorized representatives of both Seller and Buyer. (2) TERMINATION OR MODIACATION. Accepted orders may by cancelled or modified by Buyer only with Sellers express written consent If cancellation or modific ation is allowed, Buyer agrees to pay to Seller all expenses incurred and damage sustained by Seller on account of such cancellation or modification , plus a reason able profit (3) PRICE, SHIPMENT, AND PAYMENT. Prices on accepted orders are firm for a period of 90 days from date of acceptance . 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-s ite and off-site. Twenty-Five percent (25%) of the contract price is for engineering , drafting and other mobilization costs incurred prior to installation. This 25% shall be included in Johnson's initial invoice. Price and delivery is F.O.B. point of manufacture , unless othervise provided. Unless otherwise agreed to in writing by Seller , all payments are due net thirty (30) days from the date of invoice. Seller may , at its sole option , have the right to make any delivery under this Agreement payable on a cash or payment guarantee before-shipment basis. In the case of export sales , unless otherwise agreed to in writing by Seller, all payments are to be by means of a confirmed irrevocable letter of credit (4) TAXES. All prices exclude state and local use, sales or similar taxes. Such taxes, ff applicable, will appear as separate items on the invoice unless Buyer Jro,lides a tax exemption certificate that is acceptable to taxing authooties. (5) DELIVERY. The delivery date(s) provided by Seller for the product and equipment is only an estimate and is based upon prompt receipt of all necessary information from Buyer. The del ivery date(s) is subject to and shall be extended by delays caused by strikes, fires , accidents, shortages of labor or materials , embargoes, or delays in transportation , compliance with government agency or official requests , or any other similar or dissimilar cause beyond the reasonable control of Seller. FAILURE TO DELIVER WITHIN THE TIME ESTIMATED SHALL NOT BE A MATERIAL BREACH OF CONTRACT ON SELLER'S PART. If Buyer causes Seller to delay shipment or completion of the product or equipment, Seller shall be entiUed to any and all extra cost and expenses resulting from such delay . (6) UMfTED WARRANTY. Seller warrants that the product and equipment furnished by Seller under this Agreement will be of good qual ity and that the services provided by Seller will be provided in a good and workmanlike manner. If Seller installs or furnishes produ ct or equipment under this Agreement, and such product or equipment, or any part thereof, is covered by a manufacturers warranty, Seller will trans fer the benefits of that manufacturers warranty to Buyer. This warranty does not cover failures caused in whole or in part by (i) improper installation or maintenance performed by anyone other than Seller; (ii) improper use or application ; (iii) corrosion ; (iv) normal deterioration ; (v) operation beyond rated capacity , (vi) the use of replacement parts or lubricants which do not meet or exceed Sellers specifications , or (vii) if Sellers serial numbers or warranty date decals have been removed or altered. To qualify for warranty consideration for products or equipment, at the earlier of the Buyers discovery of the defect or the time at which the Buyer should have discovered the defect Buyer mu_st immed iately notify Seller in writing for instructions on warranty procedures . Sellers sole obligation for defective services shall be to repair or to replace defective parts or to properly redo defective services. All replaced equipment becomes Sellers property. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WHICH ARE HEREBY DISCLAIMED. THESE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES , EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE . (7) INDEMNIFICATION, REMEDIES AND LIMITATIONS OF LIABILITY. In addition b Para!J'aph 8 belCNJ rega'ding patents, Buyer agrees that Seller shall be responsible only foc such injury , loss, or damage caused by the intentional misconduct or the negligent act or omission of Seller. In the event Buyer claims .Seller has breached any of its obligations under the Agreement, whether of warranty er other'Mse , Seller may request the return of the goods and tender · to Buyer the purchase price theretofore paid by Buyer, and in such event, Seller shall have no further obligation under 1he Agreement except ID refund such purchase price upon redelivery of the goods. If Seller so requests the return of 1he goods , 1he g:xxJs shall be redelivered ID Seller in accoroance with Seller's ins1ructions and at Selet's expense. The remedies contained in these Standa'd Terms and Conditions shall constitute 1he sole recourse of Buyer against Seller foc breach of any of Seller's obligations under the Agreement, whether of warranty er otherwise. In no event shall Seller be liable for special, indirect, incidental, or consequential damages, induding loss of anticipated profit, or other economic loss, or for any damages arising in-tort whether by reason of strict liability, negtigence, or otherwise regardless of whether It has been apprised of the possibility of such. · (8) PATENTS. Seller shall indemnify, defend or at its option settle, and hold Buyer and its directors, officers, employees, agents , subsidiaries, affiliates , subcontractors and assignees , hanmless from and against any and all claims , suits , actions or proceeds ("C laims1 against su ch parties based upon the infringement or alleged infringement, or violation or alleged violation , of (a) any United States patent and (b) any copyright, trademark , trade secret or other proprietary right of a third party which is enforceable in the United States, as a result of Buyers use of the product or equipment within the United States , provided that (i) Buyer gives Seller prompt written notice of any such Claim, (ii) Buyer gives Seller full authority to defend or settle any such Claim, and (iii) Buyer gives Seller proper and full information and assistance , at Sellers expense (except for Buyers employees ' time) to defend or settle any such Claim. THE FOREGOING IS IN LIEU OF ANY WARRANTIES OF NONINFRINGEMENT , WHICH ARE HEREBY DISCLAIMED . The foregoing obligation of Seller does not apply with respect to products or equipment or portions or components thereof (a) not supplied by Seller, (b) made in whole or in part in accordance to Buyer or owner specifications, (c) which are modified after shipment by Seller, if the alleged infringement related to such modification , (d) combined with other products , processes or materials where the alleged infringement relates to such combination , (e) where Buyer continues allegedly infringing activity after being notified thereof and/or after being informed of modifications that would have avoided the alleged infringement without significant loss of performance or functi onality , or (Q where Buyers use of the product or equ ipment is incident to an infringement not resulting primarily from the product or equipment; Buyer will indemnify Seller and its officers, directors , agents , and employees from all damages , settlements , attorneys ' fees and expenses related to a claim of infringement, misappropria tio n, defamation, violation of rights of public ity or privacy excluded from Sellers indemnity obligation herein. (9) GOVERNING LAW. The i:Jrmation and pertocmarce of the Agreement shall be QO\lerned by the laws of the State of Wiscoosin , U.SA Any oction for breoch of the A!JOOOO(lt or any cO\lenant er WiJTanty must be ccmnenced within one yea-alter the cause of action has accrued unless such provision is not permitted by applicable law. (10) DISPUTE RESOLUTION. Seller shall have the sole and exclusive right to determine whether any dispute, contl'Ollersy or claim arising out of or relating to this Agreement, or the breach thereof, shall be subm itted to a court of law or arbitrated. The venue for any such arbitration shall be in Milwaukee, WISCOnsin. The arbitrator's award may be confinned and reduced ID judgment in any court of competent jurisdiction. In 1he event the matter is sutrnttteci to a court, Seller and Buyer hereby agree to waive their right to trial by jury and covenant that neither of them will request trial by jury in any such litigation. (11) SOFTWARE LICENSE. To the extent software is provided by Seller under this Agreement, Buyer agrees that such software may only be used in accordance with the terms and con ditions of the software license agreement that accompanies the software. Buyer agrees not to direcUy or indirectly decompile , disassemble , reverse engineer or otherwise derive the source code for the software . If Buyer is a U.S . Government agency , Buyer acknowledges that the software licensed under this agreemenl is a commercial item that has been developed at private expense and not under a Government contract The Government's rights relating to the software are limited to those rights applicable to Buyers as set forth here in and is binding on Government users in accordance with Federal Acquisition Regulation 48 C.F.R. Section 12.212 for non-defense agencies and/or Defense FAR Supplement 48 C.F.R. Section 227.7202-1 for defense agencies. (12) MISCELLEANEOUS (a) CHANGES OF CONSTRUCTION AND DESIGN : Seller reserves the right to change or revise the construction and des ign of the products or equipment purchased by Buyer, without liability or obligation to incorporate such changes to products or equipment ordered by Buyer unless specifically agreed upon in writing reaso nably in advance of the delivery date for such products or equipment Buyer agrees to bear the expense of meeting any changes or modifications in local code requirements which become effective after Seller has accepted Buyer s order. (b) CHARACTER OF PRODUCT AND SECURITY INTEREST : The goods delivered by Seller under lhe terms of the Agreement shall remain personal property and retain its character as such no matter in wha t manner affixed or attached to any structure or property. Buyer grants Seller a security interest in said goods, any replacement parts and any proceeds thereof until all sums due Seller have been pa id to it in cash. This security interest shall sec ure all indebtedness or obligations of whatsoever nature now or hereafter owing Buyer to Seller. Buyer shall pay all expenses of any nature whatsoever incurred by Seller in connection with said security interest (c) INSURANCE : Buyer agrees to insure the goods delivered under the Agreement in an amount at least equal to the purchase price against loss or damage from fire, wind, water or other causes . The insurance policies are to be made payable to Seller and Buyer in accordance with their respective interests , and when issued are to be delivered to Seller and held by it Failure to take out and mainta in such insurance shall entiUe Seller to declare the entire purchase price to be immediately due and payable and shall also entitle Seller to recover possession of said goods. (d) INSTALLATION : If installation by the Seller is included within the Sellers Quotation , Buyer shall provide all of the following at its own expense and at all times pertinent to the install ation : I) free , dry , and reasonable access to Buyers premises; and ii) proper foundations , lighting , power, water and storage facilities reasonably required . (e) Compliance wtth Laws : Sellers oblgations ire su~ect ID 1he export administration and control laws and regulations of the United States. Buyer shall comply fuly with such laws and regulation in the exiXJft resale or cisposition of purchased products er equii:rnent Quotations er Jroposals made, and any crders occepted by Seller fra!1 a Buyer outside the United States ire with the undersaicing that the ultinate destination of the products or equipment is the country incicated therein . Diversion of 1he Jl'O(iucts or equii:rnent ID any other destination con1ray ID 1he United States is Jrohibited. Acccrdingly, ff the ~ng understanding is incorrect, or ffBuyer intends ID aivert the Jl'O(iucts er equipment to any other destination , Buyer sh;;il inmediatety infocm Seller of 1he cooect utlmate destination. Page 3 of 3 PROJECT SUMMARY SHEET (Change Order Attachment) PROJECT NAME: Replace Air Handling Units ------------=--------------D . O. E. No .: N/A Attachment to Change Order No.: 1 Today's Date: 6/13/2011 TPW's O riginal Contract Amount: Extras to Date : Credits to Date: Contract Amount to Date : Amount of Proposed Change Order: Revised Contract Amount: Contingency Funds Avail. for Admin. Change Orders: Remaining Funds Available for Change Orders: Additional Funding (if necessary): $ 634,723.00 $ $ $ 634,723.00 $ 12,412.00 $ 647,135.00 $ 74,277.00 $ 61,865.00 $ FORT WORTH ~ Routing & Transmittal Slip To: Department Initials 01 Dalton Murayama TPW 02 Glenn F . Balog TPW 03 Karen Striker TPW 04 Douglas W . Wiersig , P.E. TPW 05 Doug Blacl(;) r~ j 6/ -3 \\ LAW 06 Fernando Co sta ( ACM 07 Jack Durham TPW Proiect: REPLACE AIR HANDLING UNITS FORT WORTH CONVENTION CENTER Change Order 1 Date Remark~: Change Order 1-Provide Ultra Sound Pipe Testing at va r ious locations to verify pipe integrity. M&C is not required. Action _Approval _ As Requested Circulate Comment Coordination NOTEtoCMO: File For Clearance For Correction For Your Information _ Investigate _ Justify Note & Return Per Conversation _ Prepare Reply See Me .X Signature Other Please call Jack Durham @ #392-8072 for pickup upon completion. TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ARCHITECTURAL S ERVICES S ECTION, F ACILITIES MANAGEMENT D IVIS ION 909 T aylor Street, Suite 35 * Fort Worth, TX 76102 Fax 817-871-8488