The URL can be used to link to this page

Home My WebLink AboutContract 29355 CITY SECRETARY ,- PARTIES: JOHNSON CONTROLS, INC. (JCI) CONTRACT NO. 3021 West Bend Dr. Irving TX 75063-3116 CITY OF FORT WORTH (CUSTOMER) Transportation and Public Works Department 1000 Throckmorton Street Fort Worth TX 76102 1. SCOPE Customer is the Owner(or Lessee)of the Premises. Johnson Controls, Inc. (JCI)provides consulting services (Services)which result in utility incentive rebates for work installed under City of Fort Worth City Secretary Contract No. 28983 between Customer and JCI. Services consist of all work deemed necessary by JCI to obtain the maximum utility incentive rebates. Services will include: Research and recommend best rebate alternative; Submit and coordinate Initial Application(IA)and Final Application(FA); Coordinate rebate contract; Coordinate inspections; Measurement and verification requirements; and Communication and compliance of all utility incentive rebate requirements. Customer retains JCI to provide such Services as are described above and in the Additional Terms and Conditions of this Agreement. 2. OWNER'S RESPONSIBILITIES Owner agrees to cooperate with JCI and to participate in the effort to obtain maximum utility incentive rebates. This includes, but is not limited to: a. Permit JCI and utility company reasonable access to each facility associated with this Agreement; and b. Payment of refundable rebate deposit, if required. (in the event the deposit is not refunded due to the fault of JCI, the amount of the deposit will be deducted from JCI's compensation for services provided under this agreement). 3. TERM -� This Agreement is effective tictfn�st deY-ef � c'--eAl 't!�, 2003_and will remain in effect until JCI submits final utility incentive rebate amount to the Customer. 4. DESCRIPTION OF PREMISES The premises,as referred to in this Agreement shall be identified as follows: City Hall Public Safety Building Municipal Annex Meacham Terminal 5. COMPENSATION AND BILLING JCI shall be compensated on the basis of: 10. Raw salary times a multiplier of 3.00 (which includes all overhead and profit). 11. Actual out of pocket expenses and subcontractor services that are incurred during the progress of this agreement at JCI's cost plus 10%. . y The total compensation for all services to be performed by JCI under this agreement shall not exceed$45,000 It is contemplated that JCI will receive rebates directly from one or more utility companies,such rebates being in the form of a check made payable to JCI. Compensation shall be made in the following manner: (a) JCI shall provide a copy of the rebate check to the City,together with names and hourly salary costs of individuals who worked on such rebate and expenses for expenses and services,for completed services earned under such rebate check. (b) JCI will submit a check to the Customer for the rebate amount less the fee for the completed services. 6. EXCLUSIVE AGREEMENT Customer agrees not to enter into any contracts or agreements with other persons or entities regarding the utility incentive rebates associated with this Agreement. 7. LIABILITY AND FORCE MAJEURE JCI shall not be liable under this Agreement in an amount in excess of its primary general comprehensive policy limits. Neither JCI nor the Customer will be responsible to the other for any special, indirect,or consequential damages arising in any manner from the Work or Services. Neither party will be responsible to the other for damages,loss,injury,or delay caused by conditions that are beyond the reasonable control,and without the intentional misconduct or negligence,of that party. Such conditions include,but are not limited to: acts of God;acts of Government agencies;strikes; labor disputes;fire;explosions or other casualties;thefts;vandalism;riots or war; or unavailability of parts,materials or supplies. If this Agreement covers fire safety or security equipment,the Customer understands that JCI is not an insurer regarding those services. JCI shall not be responsible for any damage or loss that may result from fire safety or security equipment that fails to perform properly or fails to prevent a casualty loss. 8. INDEMNITY JCI shall indemnify and hold harmless the Customer, its employees,agents,and assigns against all claims,actions, damages,liabilities,and expenses, including attorney's fees,arising out of or related to any claims of patent infringement and any claims of construction or materialmen's lien made by any subcontractor or materialmen. JCI and the Customer agree that JCI shall be responsible only for such injury,loss,or damage caused by the intentional misconduct or the negligence act or omission of JCI. 9. ADDITIONAL TERMS A. Any failure by either party to require strict performance by the other party, or any waiver by either party of any requirement under this Agreement does not consent to or waive any subsequent failure or breach by the other party. B. If any provision of this Agreement is invalid under any applicable law, that provision shall not apply, but the remaining provisions shall apply as written. C. The captions and titles in this Agreement are for convenience only and shall not affect the interpretation or meaning of this Agreement. D. This Agreement is the full Agreement between JCI and the Customer as of the date it is signed. All previous conversations, correspondence, agreements, or representations related to this Agreement are not part of the Agreement between JCI and the Customer and are superceded by this Agreement;provided,however, that in the event of a conflict between this agreement and City Secretary Contract No. 28983, the terms of City Secretary Contract No.28983 shall control over this agreement. E. This Agreement shall be construed in accordance with the laws of the state of Texas. Venue shall lie exclusively in federal or state court located in Tarrant County,Texas. F. JCI will assist but will in no way represent customer in any claims or disputes with utility companies yK , �� , YE1% 10. RIGHT TO AUDIT: Contractor agrees that the City shall, until the expiration of three years after final payment under this contract, have access to and the right to examine any directly pertinent books, documents, papers and records of the contractor involving transactions relating to this contract. Contractor further agrees to include in all his subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall,until the expiration of three years after final payment under the subcontract,have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract. The term"subcontract" as used herein includes purchase orders. Contractor agrees to photocopy such documents as may be requested by the city. The city agrees to reimburse Contractor for the costs of copies at the rate published in the Texas Administrative Code. 11. NOTICES All notices or communications related to this Agreement shall be in writing and shall be deemed served if and when sent by facsimile or mailed by certified or registered mail to JCI at the address listed on page I of this Agreement and to JCI, ATTN: Controller, SSNA, 507 East Michigan Street,Milwaukee,Wisconsin,53202,and to Customer at the address listed on page 1 of this Agreement. JOHNSON CONTROLS,INC. CUSTOMER BY: BY: SIGNATURE: SIGNATURE: TITLE: TITLE: &ISic.0 !� G it CL C1e f DATE: — - i . .�� DATE: pQ� o^' /Z, Ao o3 APPROVED AS TO FORM AND LEGALITY: By: Assistant�i�Attomey APPROVAL RECOMMENDED: By: rr Transportation and Public Works By. CityManager Assistant Ci Contract Authorization RECORDED• 1 �- I By: y Date C Secretary l ' kkti/ Pagel of 2 VI Ly WE i VI c II VI Lily I '.AAJ Mayor and Council Communication COUNCIL ACTION: Approved on 11/18/2003 DATE: Tuesday, November 18, 2003 LOG NAME: 20JCIONCOR REFERENCE NO.: C-19860 SUBJECT: Contract with Johnson Controls, Inc. for Preparation and Management of Rebate from Oncor for Energy Improvements to the Municipal Complex and the Fort Worth Meacham International Airport Terminal Building RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Johnson Controls, Inc. to provide consulting services to procure utility incentive rebates for work installed under current City of Fort Worth Performance Contract at the City's Municipal Complex (City Hall, Public Safety Building, and City Hall Annex) and the Fort Worth Meacham International Airport terminal building for actual expenses not to exceed $45,000. DISCUSSION: On September 2, 2003 (M&C C-19739), the City Council approved the execution of a contract with Johnson Controls, Inc. to design and install improvements to the Municipal Complex and the Fort Worth Meacham International Airport terminal building. It is estimated that Oncor will rebate the City over $200,000 in recognition of the load reductions on the electrical generating and transmission facilities. A detailed report of the improvements, a pre-installation survey, and a post installation survey are required to verify the savings. Johnson Controls, Inc. is best able to develop the data, prepare the application, and conduct the required surveys. Their fee will be be based on actual expenses for services rendered, not to exceed $45,000. Oncor will remit the rebate directly to Johnson Controls, Inc., and they will collect their fee from the rebate check and forward the balance to the City. MWBE - A waiver of the goal for M/WBE subcontracting requirements was requested by the department and approved by the M/WBE Office because the purchase of services is from sources where subcontracting or supplier opportunities are negligible. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds at this time. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office by: Marc Ott (8476) Robert Goode (7804) �^ 16,11 http://www.cfwnet.org/council_packet/Reports/mc_print,asp /2003 Page2 of2 Originating Department Head: Additional Information Contact: Greg Simmons (7862) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 12/3/2003