HomeMy WebLinkAboutContract 41648-CO1 City of Fort Worth
Change Order Request JITY SECRETARY
CONTRACT NO. -C 0 f
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 41648
ORIGINAL CONTRACT AMOUNT................................................................ $ 634,723
EXTRASTO DATE..................................................................... $ 0
CREDITSTO DATE.................................................................... $ 0
CONTRACTCOST TO DATE.................................................................................................. $ 634,723
AMOUNT OF PROPOSED CHANGE ORDER........................................................................... $ 12,412
REVISEDCONTRACT AMOUNT............................................................................................. $ 647,135
ORIGINAL FUNDS AVAILABLE FOR CHANGE ORDERS............................................................ $ 74,277
REMAINING FUNDS AVAILABLE FOR CHANGE ORDERS.........................................................
R1 RRS
ADDITIONAL FUNDING (IF NECESSARY)................................................................................ 0
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 ADD $ 12,412
Total Add this Change Add $ 12,412
It is understood and agreed that the acceptance of this Change Order by the contractor constitutes an accord and satisfaction and represents payment in full(both time
and money)for all costs arising out of,or incidental to,the above Change Order
Contractor's Name
Johnson Controls, Inc
Original Contract Time Additional Approved Time To Date Approved Contract Time To Date Additional Time For This Change Order
165 cd 0 165 cd 0 cd
Contractor—Johnson Controls, Inc Date Co truc0o,6 Ilan r Date /
Chief,Architectural Services Division at or,Transportation and Public works Date
ell mot+ C� (� E/(3 40 c�
Architect/NA bate y Date
City Date Council Action(If Required) Date
El Approved ❑Dis pprove
❑ Other NO M&C <
Distribution: ��A� pq�p4YlUA��
File by:
Construction Manager `mil pG 000000
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( OFFICIAL RECORD Y Hendri , pity Secretary P�g o�d
CITY SECRETARY �� &%ono
FT. WORTH TX `� P51 �
TPW Facilities Management Division ,r X 44°
Change Order Form(12/19/01)
Johnson Controls—Building Efficiency
7461 Airport Freeway
Rich Johnson
' Richland Hills,TX 76118
Phone:866-589-9413 Controls
FAX:866-621-0399 9
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 THOUSAND 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 $ 9,144.00 $ 11,704.32
Sub Total $ 11,704.32
JCI Labor
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.
Page 1 of 3
Blue, ' OYORK Service
1
JOHNSON CONTROLS, INC.
This proposal is hereby accepted and Johnson Controls is authorized to This proposal valid 30 days past:
proceed with the work;subject,however,to credit approval by Johnson April 12, 2011
Controls,Inc.,Milwaukee,WI.
Alternate Number Accepted
JOHNSON CONTROLS, INC.
Purchaser-Company Name
Signature Signature
Name: Name:Patrick Mooney
Title: Title: Senior Account Executive
Date:
(Important:This Proposal incorporates by reference the attached Johnson Controls Terms and Conditions.)
Page 2 of 3
'� g WYORK Service
4
JOHNSON CONTROLS, INC.
Standard Terms and Conditions—U.S.A.
(1)AGREEMENT AND LIMITATIONS.This document sets forth the terms and conditions of any sale by Seller infringing activity after being notified thereof and/or after being informed of modifications that would have
of the specified product,equipment or services indicated on the reverse side hereof or attachment and is avoided the alleged infringement without significant loss of performance or functionality,or(f)where Buyer's
expressly made conditional on the assent of Buyer(hereinafter'Buyer's to these Standard Terms and use of the product or equipment is incident to an infringement not resulting primarily from the product or
Conditions.Buyers acceptance of any part of the product,equipment or services sold or Buyer's instructions to equipment;Buyer will indemnify Seller and its officers,directors,agents,and employees from all damages,
Seller to begin work or to ship any product or equipment after receipt of these Standards Terms and Conditions settlements,attorneys'fees and expenses related to a claim of infringement,misappropriation,defamation,
shall constitute such assent,and a waiver of all terms and conditions in its purchase order or similar document violation of rights of publicity or privacy excluded from Sellers indemnity obligation herein,
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 Terns and Conditions. (9)GOVERNING LAW.The formation and performance of the Agreement shall be governed by the laws of the State of
References to'products"or"equipment"herein shall mean the product and equipment to be furnished by Seller Wisconsin,U.SA Any action fa breach of the Agreement or any covenant or warranty must be commenced within one
as identified on the applicable Seller Quotation.These Standard Terns and Conditions may be modified or year after the cause of action has accrued unless such pimsion is not pernnited by applicable law.
rescinded only by a writing signed by authorized representatives of both Seller and Buyer.
(2)TERMINATION OR MODIFICATION.Accepted orders may by cancelled or modified by Buyer only with (10)DISPUTE RESOLUTION.Seller shall have the sole and exclusive right to determine whether any dispute,
Seller's express written consent If cancellation or modification is allowed,Buyer agrees to pay to Seller all controversy or claim arising out of or relating to this Agreement,or the breach thereof,shall be submitted to a court of
expenses incurred and damage sustained by Seller on account of such cancellation or modification,plus a law or arbitrated.The venue for any such arbitration shad be in Milwaukee,Wisconsin.The arbitir"s award may be
reasonable profit confirmed and reduced to judgment in arty court of competent jurisdicton.In the event the matter is submitted to a court,
(3)PRICE,SHIPMENT,AND PAYMENT.Prices on accepted orders are firm for a period of 90 days from date of Seller and Buyer hereby agree to waive their right to trial by jury and covenant that neither of them will request trial by
acceptance.Johnson may invoice Purchaser monthly for all materials delivered to the job site or to an off-site jury in any such litigation.
storage facility and for all work performed on-site and off-site.Twenty-Five percent(25%)of the contact price (11)SOFTWARE LICENSE.To the extent software is provided by Seller under this Agreement,Buyer agrees
is for engineering,drafting and other mobilization costs incurred prior to installation.This 25 1h shall be included that such software may only be used in accordance with the terms and conditions of the software license
in Johnson's initial invoice.Price and delivery is F.O.B.point of manufacture,unless otherwise provided.Unless agreement that accompanies the software.Buyer agrees not to directly or indirectly decompile,disassemble,
otherwise agreed to in writing by Seller,all payments are due net thirty(30)days from the date of invoice. reverse engineer or otherwise derive the source code for the software.If Buyer is a U.S.Government agency,
Seller may,at its sole option,have the right to make any delivery under this Agreement payable on a cash or Buyer acknowledges that the software licensed under this agreement is a commercial item that has been
payment guarantee before-shipment basis.In the case of export sales,unless otherwise agreed to in writing by developed at private expense and not under a Government contract The Government's rights relating to the
Seller,all payments are to be by means of a confirmed irrevocable letter of credit software are limited to those rights applicable to Buyer's as set forth herein and is binding on Government
(4)TAXES.Ad prices exclude state and local use,sales or similar taxes.Such taxes,tapplicable,will appear as separate users in accordance with Federal Acquisition Regulation 48 C.F.R.Section 12.212 for non-defense agencies
items on the invoice unless Buyer provides a tax exemption certificate that is acceptable to taxing authorities. and/or Defense FAR Supplement 48 C.F.R.Section 227.7202-1 for defense agencies.
(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 delivery date(s)is subject to and shall (12)MISCELLEANEOUS
be extended by delays caused by strikes,fires,accidents,shortages of labor or materials,embargoes,or (a) CHANGES OF CONSTRUCTION AND DESIGN:Seller reserves the right to change or
delays in transportation,compliance with government agency or official requests,or any other similar or revise the construction and design of the products or equipment purchased by Buyer,without liability or
dissimilar cause beyond the reasonable control of Seller. FAILURE TO DELIVER WITHIN THE TIME obligation to incorporate such changes to products or equipment ordered by Buyer unless specifically,agreed
ESTIMATED SHALL NOT BE A MATERIAL BREACH OF CONTRACT ON SELLER'S PART.If Buyer causes upon in writing reasonably in advance of the delivery date for such products or equipment Buyer agrees to
Seller to delay shipment or completion of the product or equipment,Seller shall be entitled to any and all extra bear the expense of meeting any changes or modifications in local code requirements which become effective
cost and expenses resulting from such delay. after Seller has accepted Buyers order.
(b)CHARACTER OF PRODUCT AND SECURITY INTEREST:The goods delivered by Seller
(6)LIMITED WARRANTY.Seller warrants that the product and equipment furnished by Seller under this under the terms of the Agreement shall remain personal property and retain its character as such no matter in
Agreement will be of good quality and that the services provided by Seller will be provided in a good and what manner affixed or attached to any structure or property.Buyer grants Seller a security interest in said
workmanlike manner. If Seller installs or furnishes product or equipment under this Agreement,and such goods,any replacement parts and any proceeds thereof until all sums due Seller have been paid to it in cash.
product or equipment,or any part thereof,is covered by a manufacturers warranty,Seller will transfer the This security interest shall secure all indebtedness or obligations of whatsoever nature now or hereafter owing
benefits of that manufacturer's warranty to Buyer. This warranty does not cover failures caused in whole or in Buyer to Seller.Buyer shall pay all expenses of any nature whatsoever incurred by Seller in connection with
part by(i)improper installation or maintenance performed by anyone other than Seller;(ii)improper use or said security interest
application; (iii) corrosion; (iv) normal deterioration; (v) operation beyond rated capacity, (vi) the use of (c)INSURANCE:Buyer agrees to insure the goods delivered under the Agreement in an amount
replacement parts or lubricants which do not meet or exceed Sellers specifications,or(vii)if Sellers serial at least equal to the purchase price against loss or damage from fire,wind,water or other causes.The
numbers or warranty date decals have been removed or altered.To qualify for warranty consideration for insurance policies are to be made payable to Seller and Buyer in accordance with their respective interests,
products or equipment,at the earlier of the Buyers discovery of the defect or the time at which the Buyer and when issued are to be delivered to Seller and held by it Failure to take out and maintain such insurance
should have discovered the defect;Buyer must immediately notify Seller in writing for instructions on warranty shall entitle Seller to declare the entire purchase price to be immediately due and payable and shall also entitle
procedures.Sellers sole obligation for defective services shall be to repair or to replace defective parts or to Seller to recover possession of said goods.
properly redo defective services.All replaced equipment becomes Sellers property. THIS WARRANTY IS (d)INSTALLATION:If installation by the Seller is included within the Sellers Quotation,Buyer
EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES INCLUDING WITHOUT shall provide all of the following at its own expense and at all times pertinent to the installation:i)free,dry,and
LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE reasonable access to Buyers premises;and ii)proper foundations,lighting,power,water and storage facilities
WHICH ARE HEREBY DISCLAIMED.THESE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, reasonably required.
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY AND (e)Compliance with Laws:Sellers obligations are subect to the export administrafion and control lavis
FITNESS FOR A PARTICULAR PURPOSE. and regulations of the United States.Buyer shad comply fully with such laws and regulation in the export,resale or
disposition of purchased products or equipment Quotations or proposals made,and arry orders accepted by Safer from a
(�INDEMNIFICATION,REMEDIES AND LIMITATIONS OF LIABILITY, In addition to Paragraph 8 below regarding Buyer outside the Uniled States are wth the understancling that the ulfirnale destination of the products or equ#TW Is the
patents,Buyer agrees that Seller shall be responsible only for such injury,loss,or damage caused by the intentional country indicated therein.Diversion of the products or equipment to any other destination contrary to the United States is
misconduct or the negligent act or omission of Silo.In the event Buyer claens.Seder has breached any of its prohibiled.Accordingly,Kthefoegoingunderstanciingisincorrect,or#Buyer intends mdivertthe products orequipmentto
obligations under the Agreerment,wAhether of warranty a otherwise,Seder may request the return of the goods and tender any other destination,Buyer shad immediately inform Seller of the cared ultimate destination.
to Buyer the purchase price theretofore paid by Buyer,and in such event,Seder shall have no further obligation under the
Agreement except to refund such purchase price upon redelivery of the goods.I Seller so requests the return of the goods,
the goods shad be redelivered to Seller in accordance with Seders instructions and at Sellers expense.The remedies
contained in these Standard Terms and Conditions shall constitute the sole recourse of Buyer against Seller fa breach of
arty of Seders obligations under the Agreement,wAhether of warranty or otherwise.In no event shall Safer be fable for
special,indirect,incidental,or ronsecluential damages,including loss of anticipated profit,or other economic
loss,or for any damages arising in tort whether by reason of strict liability,negligence,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,harmless from and against any and
all claims,suits,actions or proceeds(`Claims/against such parties based upon the infringement or alleged
infingement,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
Buyer's 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'fine)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 ro such modification,(d)combined with other products,processes
or matenals where the alleged infringement relates to such combination.(e)where Buyer continues allegedly
Page 3 of 3
A .
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 Original Contract Amount: $ 634,723.00
Extras to Date: $ _
Credits to Date: $ _
Contract Amount to Date: $ 634,723.00
Amount of Proposed Change Order: $ 12,412.00
Revised Contract Amount: $ 647,135.00
Contingency Funds Avail. for Admin. Change Orders: $ 74,277.00
Remaining Funds Available for Change Orders: $ 61,865.00
Additional Funding (if necessary): $ _
w
FORT WORTH
Routing & Transmittal Slip
To: Department Initials Date
01 Dalton Murayama TPW it
02 Glenn F. Balog TPW
03 Karen Striker TPW
04 Douglas W. Wiersig, P.E. TPW
05 Doug BIacK ' " LAW
l I
06 Fernando Co to ACM
07 Jack Durham TPW
Project: REPLACE AIR HANDLING UNITS
FORT WORTH CONVENTION CENTER
Change Order 1
Remarks: Change Order 1—Provide Ultra Sound Pipe Testing at various locations to verify pipe integd*yr.
M&C is not required.
Action _ File _ Note & Return
Approval _ For Clearance _ Per Conversation
As Requested _ For Correction _ Prepare Reply
Circulate _ For Your Information See Me
Comment _ Investigate X Signature
_Coordination _Justify _Other
NOTE to CMO: Please call Jack Durham @#392-8072 for pickup upon completion.
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
ARCHITECTURAL SERVICES SECTION,FACILITIES MANAGEMENT DIVISION
909 Taylor Street, Suite 35 * Fort Worth, TX 76102
Fax 817-871-8488