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HomeMy WebLinkAbout2020-10-27 - AGENDA REPORTS - CITY HALL BOILER REPLACEMENT (2)Agenda Item: 12 P CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL:1 DATE: October 27, 2020 SUBJECT: CITY HALL BOILER REPLACEMENT DEPARTMENT: Public Works PRESENTER: Cruz Caldera RECOMMENDED ACTION City Council: 1. Award a contract to Johnson Controls, Inc., for the replacement of the City Hall boiler using the Sourcewell Contract 030817-JHN, in the amount of $69,687, with a contingency amount of $2,813, for a total contract amount not to exceed $72,500. 2. Authorize the City Manager or designee to execute all documents, subject to City Attorney approval. BACKGROUND The boiler system at Santa Clarita City Hall was installed in 2003 and supplies hot water to the heating, ventilation, and air conditioning (HVAC) system within the building. The boiler system began showing signs of failure in 2019, which included leakage and mechanical equipment failures. In March 2020, the City Hall boiler system failed, causing the loss of heating in City Hall. Although staff continues to make repairs to the boiler system, it is in need of replacement. The requested replacement of the boiler system and additional system modifications will increase the unit serviceability and will integrate the boiler system's controls into the City of Santa Clarita's (City) Energy Management System. On July 11, 1995, the City Council approved the use of "piggyback" purchasing. This process permits the City to place orders against a competitively awarded, existing public agency contract. The Sourcewell Contract 030817-JHN was competitively solicited and awarded on November 14, 2011, with consecutive renewals through 2023, allowing the City to take advantage of an existing process. Sourcewell Contract 030817-JHN was publicly bid and designated for piggyback contract use. Page 1 Packet Pg. 102 Johnson Controls, Inc., currently provides HVAC services for various City facilities, including City Hall. As a result of the exemplary service provided, staff recommends the contract be awarded to Johnson Controls, Inc. ALTERNATIVE ACTION Other action as determined by the City Council. FISCAL IMPACT Adequate funds were appropriated as part of the Fiscal Year 2020-21 annual budget process to expenditure account M1034601-5161.001 (General Fund) to support the recommended action. ATTACHMENTS Johnson Controls Inc. Quote Page 2 Packet Pg. 103 12.a ControlsJohnson I. II. Project: City of Santa Clarita City Hall Boiler Replace Project Address: Date: Thursday, September 17, 2020 Revision '2 00 Jaimeen Vora 657-298-0277 jaimeen.vora(a-Jct i.com Johnson Controls appreciates the opportunity to submit this proposal. The scope of this proposal encompasses replacement of the old non -operable City Hall Boiler as described below for the project. BASIS OF PROPOSAL • Site visit 8/18/20 • Email from Glen on 9/2/2020 — add replacement of expansion tanks to scope BASE SCOPE PRICING Boiler Replacement $ 69 (,s 100 DETAIL SCOPE Boiler Replacement 1) Provide permits, plans, drawing mechanical engineering, & structural attachment details to meet City requirements provided for replacement the existing hot water heating boiler. 2) Provide lock-out/tag-out of hot water heating boiler, & drain down hot water heating system. 3) Disconnect electrical wiring, control wiring, hot water piping, gas piping, drain piping, & anchorage from the existing hot water heating boiler. 4) Provide rigging (via crane) to remove, & properly dispose of the existing hot water heating boiler, and expansion tank mounted to the boiler. 5) Install & attach four (4) new 2" x 6" x 48" wood on top of the existing wood supports. 6) Provide & install sheet metal covers over the new & existing wood supports. 7) Provide & install one (1) new Raypak hot water heating boiler (model 1­19-1801), with pump, morning warm-up kit, & Bacnet card, mounted on the new support wood installed. 8) Provide anchorage of the new hot water heating boiler to wood supports, as specified by the structural engineer. 9) Reconnect the existing hot water piping to the new hot water heating boiler, in a primary secondary configuration. 10) Provide & install new thermometers, gauges, thermowell for control points & test ports required for proper service of the new hot water heating boiler. 11) Pressure test, flush, & fill new hot water heating boiler installed. 12) Check & adjust air pressure in the two (2) existing expansions tanks, to match hot water system operating pressure. 13) Insulate new hot water piping installed, & cover with metal protective jacketing. (match existing standard on roof) 14) Perform start-up of the new hot water heating boiler. 15) Rigging existing boiler from roof, & setting new boiler on roof will be done after normal business hours, on a Saturday morning. 16) All remaining work will be performed during normal business hours, Monday through Friday. 7) Iiv,uo (2) u��� Maris:i�mp Ilaril<s Cupp ]uc qwi, v at a s,,teri�� � I��ss .s,�uir°ucw Io a Ouudc Iq Buz lq�u� IIu°,u.�upuumu u�uuu �luuu�u.u�:�, �'/� M��' Hupv'uuu1;; a C11, qO iIq�.u���urimst and �uccq< �'m (q:�ir� (giu°u„aVuupuus The information contained in this document is proprietary to Johnson Controls Inc. Use or disclosure of this information, except for purposes of evaluation, is prohibited without the written permission of Johnson Controls Inc. This information is copyrighted. Copyright JCWSI 2004. All rights reserved. Johnson Controls, Inc. Page 1 of 6 Packet Pg. 104 12.a ControlsJohnson Project: City of Santa Clarita City Hall Boiler Replace Project Address: Jaimeen Vora 657-298-0277 jaimeen.vora(a-Jct i.com c Cl�uu d< ch.urgic° and quuu'p<ag;c d Cl�uu d< FM q aks uuu ann.,,,!, c Cl�uu d< FM q aks uuu udu.0 al +,ab ,s F Clea a amuunud ]u.0 c4pilprilwW, 0) IRcc,riLi^°e 3 kuuk,, y)VA V uu�:gw pm°amiuub �,ah ,,s a Assuire PBuu° aw usok.inmu �,ah so ),,c du:p iI qu,vc o cfialnu huu u���Wluuu IV. CLARIFICATIONS: 1. This Proposal is in accordance with Sourcewell Contract 030817-JHN 2. Plenum rated cable will be utilized where allowable by code. Conduit otherwise. 3. All accessories are field installed I Oncc Y ie o'nedNtlfYe °'u//\ / is iCa')'1i.dCak;mc( I qllrttlr' �7 ift; `It dN1:uogi9l V. EXCLUSIONS 1. Overtime (except as noted above). 2. Structural Upgrades. 3. Asbestos testing or removal if present. 4. Chemical treatment & installation of eye was/shower station. 5. All work with Fire/Life Safety, Smoke Tests, Fire Dampers and Combination Smoke/Fire Dampers not specifically included in this proposal is excluded. Any fire life safety interlocks, including equipment shutdown FSD dampers or wiring, or interlocks for FLS system. 6. Storage of equipment, parts, and supplies. The information contained in this document is proprietary to Johnson Controls Inc. Use or disclosure of this information, except for purposes of evaluation, is prohibited without the written permission of Johnson Controls Inc. This information is copyrighted. Copyright JCWSI 2004. All rights reserved. Johnson Controls, Inc. Page 2 of 6 Packet Pg. 105 12.a ControlsJohnson Project: City of Santa Clarita City Hall Boiler Replace Project Address: Jaimeen Vora 657-298-0277 jaimeen.vora(a-ict i.com Delays, Costs and Extensions of Time. JCI's time for performance of the Work shall be extended for such reasonable time as JCI is delayed due to causes reasonably beyond JCI's control, whether such causes are foreseeable or unforeseeable, including pandemics such as coronavirus (provisionally named SARS-CoV-2, with its disease being named COVID-19) including, without limitation, labor, parts or equipment shortages. To the extent JCI or its subcontractors expend additional time or costs related to conditions or events set forth in this provision, including without limitation, expedited shipping, hazard pay associated with site conditions, additional PPE requirements, additional time associated with complying with social distancing or hygiene requirements, or additional access restrictions, the Contract Sum shall be equitably adjusted. This proposal is hereby accepted and This proposal is valid for Johnson Controls is authorized to proceed with the work; subject, however, to credit approval by Johnson Controls, Inc., 45 Days Milwaukee, Wisconsin. Signature PO Number: Company: Name: Jaimeen Vora Name: Title: Account Executive Title: Date: 09/17/2020 Date: The information contained in this document is proprietary to Johnson Controls Inc. Use or disclosure of this information, except for purposes of evaluation, is prohibited without the written permission of Johnson Controls Inc. This information is copyrighted. Copyright JCWSI 2004. All rights reserved. Johnson Controls, Inc. Page 3 of 6 Packet Pg. 106 12.a ControlsJohnson Project: City of Santa Clarita City Hall Boiler Replace Project Address: TERMS AND CONDITIONS By accepting this proposal, Purchaser agrees to be bound by the following terms and conditions: Jaimeen Vora 657-298-0277 jaimeen.vora(a-JcJ i.com 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), shall be distributed and installed by others under JCI'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 JCI for any costs or expenses without JCI's written consent unless specifically noted in the statement of the scope of work or services undertaken by JCI under this agreement, JCI'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 PCSs, discovered in or on the premises. Any language or provision of the agreement elsewhere contained which may authorize or empower the Purchaserto change, modify, or alterthe scope of work or services to be performed by JCI shall not operate to compel JCI to perform any work relating to Hazards without JCI'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 JCI'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. Invoicing disputes must be identified in writing within 21 days of the date of invoice. Payments of any disputed amounts are due and payable upon resolution. All other amounts remain due within 30 days. In the event of Purchaser's default, the balance of any outstanding amounts will be immediately due and payable. Payment is a condition precedent to JCI's obligation to perform under the agreement. Failure to make payments when due will give JCI, without prejudice to any other right or remedy, the right to: (i) to stop performing, withhold deliveries of equipment and other materials, terminate or suspend any unpaid software licenses and/or terminate this agreement; and (ii) charge Purchaser interest on the amounts unpaid at a rate equal to the lesser of one and one half (1.5) percent per month orthe maximum rate permitted under applicable law, until payment is made in full. 3. MATERIALS. If the materials or equipment included in this proposal become temporarily or permanently unavailable for reasons beyond the control and without the fault of JCI, 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. Prices for materials, labor, and equipment covered by this contract may be adjusted by JCI, upon notice to Purchaser at any time, to reflect any increase in JCI's cost of raw materials (e.g., steel, aluminum) incurred by JCI. 4. WARRANTY. JCI warrants that the equipment manufactured by it shall be free from defects in material and workmanship arising from normal usage for a period of ninety (90) days from delivery of said equipment, or if installed by JCI, for a period of ninety (90) days from installation. JCI warrants that for equipment furnished and/or installed but not manufactured by JCI, JCI will extend the same warranty terms and conditions which JCI receives from the manufacturer of said equipment. For equipment installed by JCI, if Purchaser provides written notice to JCI of any such defect within thirty (30) days after the appearance or discovery of such defect, JCI shall, at its option, repair or replace the defective equipment. For equipment not installed by JCI, if Purchaser returns the defective equipment to JCI within thirty (30) days after appearance or discovery of such defect, JCI shall, at its option, repair or replace the defective equipment and return said equipment to Purchaser. All transportation charges incurred in connection with the warranty for equipment not installed by JCI shall be borne by Purchaser. These warranties do not extend to any equipment which has been repaired by others, abused, altered or misused, or which has not been properly and reasonably maintained. THESE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY AND FITNESS FOR A SPECIFIC PURPOSE. JCI makes no and specifically disclaims all representations or warranties that the services, products, software orthird party product or software will be secure from cyberthreats, hacking or other similar malicious activity. 5. LIABILITY. To the maximum extent permitted by law, in no event shall JCI and its affiliates and their respective personnel, suppliers and vendors ("JCI Parties") be liable to Purchaser or any third party under any cause of action or theory of liability even if advised of the possibility of such damages, for any: (a) special, incidental, indirect, punitive or consequential damages; (b) loss of business, use, profits, revenues, customer opportunities, anticipated savings or goodwill; (c) business interruption; or (d) data loss or other losses arising from viruses, ransomware, cyber-attacks or failures or interruptions to network systems arising in any manner from the The information contained in this document is proprietary to Johnson Controls Inc. Use or disclosure of this information, except for purposes of evaluation, is prohibited without the written permission of Johnson Controls Inc. This information is copyrighted. Copyright JCWSI 2004. All rights reserved. Johnson Controls, Inc. Page 4 of 6 Packet Pg. 107 12.a /`� Jaimeen Vora U���� 657-298-0277 Controls 7almeen.vora(& GJ Lcom Project: City of Santa Clarita City Hall Boiler Replace Project Address: equipment or material furnished or the work performed pursuant to this agreement. In any case, the entire aggregate liability of the JCI Parties underthis agreement for all damages, losses, causes of action, whether in contract, tort (including negligence), or otherwise, shall be limited to the amount actually received by JCI for the performance of its obligations hereunder. 6. TAXES/TARIFFS. 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. Pricing for products and parts covered by this proposal does not include any amounts for changes in tariffs or other similar charges imposed and/or enacted by a government. At any time prior to shipment, JCI shall be entitled to an increase in time and money for any costs that it incurs directly or indirectly that arise out of or relate to changes in tariffs or similar charges due to such changes. 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 JCI'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 JCI in the collection of amounts due and payable under this Agreement. 14. ONE-YEAR CLAIMS LIMITATION. No claim or cause of action, whether known or unknown, shall be brought against JCI more than one year after the claim first arose. Except as provided for herein, JCI's claims must also be brought within one year. Claims not subject to the one-year limitation include claims for unpaid: (a) contract amounts, (b) change order amounts (approved or requested) and (c) delays and/or work inefficiencies. 15. PURCHASER RESPONSIBILITIES. Purchaser is solely responsible forthe establishment, operation, maintenance, access, security and other aspects of its computer network ("Network") and shall supply JCI secure Network access for providing its services. Products networked, connected to the internet, or otherwise connected to computers or other devices must be appropriately protected by Purchaser and/or end user against unauthorized access. Purchaser is responsible to take appropriate measures, including performing back-ups, to protect information, including without limit data, software, or files (collectively "Data") prior to receiving the service or products. 16. FORCE MAJEURE. JCI shall not be liable, nor in breach or default of its obligations under this Agreement, for delays, interruption, failure to render services, or any other failure by JCI to perform an obligation under this Agreement, where such delay, interruption or failure is caused, in whole or in part, directly or indirectly, by a Force Majeure Event. A "Force Majeure Event" is a condition or event that is beyond the reasonable control of JCI, whether foreseeable or unforeseeable, including, without limitation, acts of God, severe weather (including but not limited to hurricanes, tornados, severe snowstorms or severe rainstorms), wildfires, floods, earthquakes, seismic disturbances, or other natural disasters, acts or omissions of any governmental authority (including change of any applicable law or regulation), epidemics, pandemics, disease, viruses, quarantines, or other public health risks and/or responses thereto, condemnation, strikes, lock -outs, labor disputes, an increase of 5% or more in tariffs or other excise taxes for materials to be used on the project, fires, explosions or other casualties, thefts, vandalism, civil disturbances, insurrection, mob violence, riots, war or other armed conflict (or the serious threat of same), acts of terrorism, electrical power outages, interruptions or degradations in telecommunications, computer, network, or electronic communications systems, data breach, cyber-attacks, ransomware, unavailability or shortage of parts, materials, supplies, or The information contained in this document is proprietary to Johnson Controls Inc. Use or disclosure of this information, except for purposes of evaluation, is prohibited without the written permission of Johnson Controls Inc. This information is copyrighted. Copyright JCWSI 2004. All rights reserved. Johnson Controls, Inc. Page 5 of 6 Packet Pg. 108 12.a ControlsJohnson Project: City of Santa Clarita City Hall Boiler Replace Project Address: Jaimeen Vora 657-298-0277 jaimeen.vora(a-JcJ i.com transportation, or any other cause or casualty beyond the reasonable control of JCI. If JCI's performance of the work is delayed, impacted, or prevented by a Force Majeure Event or its continued effects, JCI shall be excused from performance under the Agreement. Without limiting the generality of the foregoing, if JCI is delayed in achieving one or more of the scheduled milestones set forth in the Agreement due to a Force Majeure Event, JCI will be entitled to extend the relevant completion date by the amount of time that JCI was delayed as a result of the Force Majeure Event, plus such additional time as may be reasonably necessary to overcome the effect of the delay. To the extent that the Force Majeure Event directly or indirectly increases JCI's cost to perform the services, Customer is obligated to reimburse JCI for such increased costs, including, without limitation, costs incurred by JCI for additional labor, inventory storage, expedited shipping fees, trailer and equipment rental fees, subcontractor fees or other costs and expenses incurred by JCI in connection with the Force Majeure Event. 17. SOFTWARE AND DIGITAL SERVICES. Use, implementation, and deployment of the software and hosted software products ("Software") offered under these terms shall be subject to, and governed by, JCI's standard terms for such Software and Software related professional services in effect from time to time at https://www.mohnsoncontrols.com/techterms (collectively, the "Software Terms"). Applicable Software Terms are incorporated herein by this reference. Otherthan the right to use the Software as set forth in the Software Terms, JCI and its licensors reserve all right, title, and interest (including all intellectual property rights) in and to the Software and improvements to the Software. The Software that is licensed hereunder is licensed subject to the Software Terms and not sold. If there is a conflict between the other terms herein and the Software Terms, the Software Terms shall take precedence and govern with respect to rights and responsibilities relating to the Software, its implementation and deployment and any improvements thereto. 18. ENTIRE AGREEMENT. This proposal, upon acceptance, shall constitute the entire agreement between the parties and supersedes any prior representations or understandings. 19. 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. The information contained in this document is proprietary to Johnson Controls Inc. Use or disclosure of this information, except for purposes of evaluation, is prohibited without the written permission of Johnson Controls Inc. This information is copyrighted. Copyright JCWSI 2004. All rights reserved. Johnson Controls, Inc. Page 6 of 6 Packet Pg. 109 ControlsJohnson I. II. Project: City of Santa Clarita City Hall Boiler Replace Project Address: Date: Thursday, September 17, 2020 Revision '2 00 Jaimeen Vora 657-298-0277 jaimeen.vora(a-Jct i.com Johnson Controls appreciates the opportunity to submit this proposal. The scope of this proposal encompasses replacement of the old non -operable City Hall Boiler as described below for the project. BASIS OF PROPOSAL • Site visit 8/18/20 • Email from Glen on 9/2/2020 — add replacement of expansion tanks to scope BASE SCOPE PRICING Boiler Replacement $ 69 (,s 100 DETAIL SCOPE Boiler Replacement 1) Provide permits, plans, drawing mechanical engineering, & structural attachment details to meet City requirements provided for replacement the existing hot water heating boiler. 2) Provide lock-out/tag-out of hot water heating boiler, & drain down hot water heating system. 3) Disconnect electrical wiring, control wiring, hot water piping, gas piping, drain piping, & anchorage from the existing hot water heating boiler. 4) Provide rigging (via crane) to remove, & properly dispose of the existing hot water heating boiler, and expansion tank mounted to the boiler. 5) Install & attach four (4) new 2" x 6" x 48" wood on top of the existing wood supports. 6) Provide & install sheet metal covers over the new & existing wood supports. 7) Provide & install one (1) new Raypak hot water heating boiler (model 1­19-1801), with pump, morning warm-up kit, & Bacnet card, mounted on the new support wood installed. 8) Provide anchorage of the new hot water heating boiler to wood supports, as specified by the structural engineer. 9) Reconnect the existing hot water piping to the new hot water heating boiler, in a primary secondary configuration. 10) Provide & install new thermometers, gauges, thermowell for control points & test ports required for proper service of the new hot water heating boiler. 11) Pressure test, flush, & fill new hot water heating boiler installed. 12) Check & adjust air pressure in the two (2) existing expansions tanks, to match hot water system operating pressure. 13) Insulate new hot water piping installed, & cover with metal protective jacketing. (match existing standard on roof) 14) Perform start-up of the new hot water heating boiler. 15) Rigging existing boiler from roof, & setting new boiler on roof will be done after normal business hours, on a Saturday morning. 16) All remaining work will be performed during normal business hours, Monday through Friday. 7) Iiv,uo (2) u��� Maris:i�mp Ilaril<s Cupp ]uc qwi, v at a s,,teri�� � I��ss .s,�uir°ucw Io a Ouudc Iq Buz lq�u� IIu°,u.�upuumu u�uuu �luuu�u.u�:�, �'/� M��' Hupv'uuu1;; a C11, qO iIq�.u���urimst and �uccq< �'m (q:�ir� (giu°u„aVuupuus The information contained in this document is proprietary to Johnson Controls Inc. Use or disclosure of this information, except for purposes of evaluation, is prohibited without the written permission of Johnson Controls Inc. This information is copyrighted. Copyright JCWSI 2004. All rights reserved. Johnson Controls, Inc. Page 1 of 6 ControlsJohnson Project: City of Santa Clarita City Hall Boiler Replace Project Address: Jaimeen Vora 657-298-0277 jaimeen.vora(a-Jct i.com c Cl�uu d< ch.urgic° and quuu'p<ag;c d Cl�uu d< FM q aks uuu ann.,,,!, c Cl�uu d< FM q aks uuu udu.0 al +,ab ,s F Clea a amuunud ]u.0 c4pilprilwW, 0) IRcc,riLi^°e 3 kuuk,, y)VA V uu�:gw pm°amiuub �,ah ,,s a Assuire PBuu° aw usok.inmu �,ah so ),,c du:p iI qu,vc o cfialnu huu u���Wluuu IV. CLARIFICATIONS: 1. This Proposal is in accordance with Sourcewell Contract 030817-JHN 2. Plenum rated cable will be utilized where allowable by code. Conduit otherwise. 3. All accessories are field installed I Oncc Y ie o'nedNtlfYe °'u//\ / is iCa')'1i.dCak;mc( I qllrttlr' �7 ift; `It dN1:uogi9l V. EXCLUSIONS 1. Overtime (except as noted above). 2. Structural Upgrades. 3. Asbestos testing or removal if present. 4. Chemical treatment & installation of eye was/shower station. 5. All work with Fire/Life Safety, Smoke Tests, Fire Dampers and Combination Smoke/Fire Dampers not specifically included in this proposal is excluded. Any fire life safety interlocks, including equipment shutdown FSD dampers or wiring, or interlocks for FLS system. 6. Storage of equipment, parts, and supplies. The information contained in this document is proprietary to Johnson Controls Inc. Use or disclosure of this information, except for purposes of evaluation, is prohibited without the written permission of Johnson Controls Inc. This information is copyrighted. Copyright JCWSI 2004. All rights reserved. Johnson Controls, Inc. Page 2 of 6 ControlsJohnson Project: City of Santa Clarita City Hall Boiler Replace Project Address: Jaimeen Vora 657-298-0277 jaimeen.vora(a-ict i.com Delays, Costs and Extensions of Time. JCI's time for performance of the Work shall be extended for such reasonable time as JCI is delayed due to causes reasonably beyond JCI's control, whether such causes are foreseeable or unforeseeable, including pandemics such as coronavirus (provisionally named SARS-CoV-2, with its disease being named COVID-19) including, without limitation, labor, parts or equipment shortages. To the extent JCI or its subcontractors expend additional time or costs related to conditions or events set forth in this provision, including without limitation, expedited shipping, hazard pay associated with site conditions, additional PPE requirements, additional time associated with complying with social distancing or hygiene requirements, or additional access restrictions, the Contract Sum shall be equitably adjusted. This proposal is hereby accepted and This proposal is valid for Johnson Controls is authorized to proceed with the work; subject, however, to credit approval by Johnson Controls, Inc., 45 Days Milwaukee, Wisconsin. Signature PO Number: Company: Name: Jaimeen Vora Name: Title: Account Executive Title: Date: 09/17/2020 Date: The information contained in this document is proprietary to Johnson Controls Inc. Use or disclosure of this information, except for purposes of evaluation, is prohibited without the written permission of Johnson Controls Inc. This information is copyrighted. Copyright JCWSI 2004. All rights reserved. Johnson Controls, Inc. Page 3 of 6 ControlsJohnson Project: City of Santa Clarita City Hall Boiler Replace Project Address: TERMS AND CONDITIONS By accepting this proposal, Purchaser agrees to be bound by the following terms and conditions: Jaimeen Vora 657-298-0277 jaimeen.vora(a-JcJ i.com 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), shall be distributed and installed by others under JCI'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 JCI for any costs or expenses without JCI's written consent unless specifically noted in the statement of the scope of work or services undertaken by JCI under this agreement, JCI'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 PCSs, discovered in or on the premises. Any language or provision of the agreement elsewhere contained which may authorize or empower the Purchaserto change, modify, or alterthe scope of work or services to be performed by JCI shall not operate to compel JCI to perform any work relating to Hazards without JCI'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 JCI'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. Invoicing disputes must be identified in writing within 21 days of the date of invoice. Payments of any disputed amounts are due and payable upon resolution. All other amounts remain due within 30 days. In the event of Purchaser's default, the balance of any outstanding amounts will be immediately due and payable. Payment is a condition precedent to JCI's obligation to perform under the agreement. Failure to make payments when due will give JCI, without prejudice to any other right or remedy, the right to: (i) to stop performing, withhold deliveries of equipment and other materials, terminate or suspend any unpaid software licenses and/or terminate this agreement; and (ii) charge Purchaser interest on the amounts unpaid at a rate equal to the lesser of one and one half (1.5) percent per month orthe maximum rate permitted under applicable law, until payment is made in full. 3. MATERIALS. If the materials or equipment included in this proposal become temporarily or permanently unavailable for reasons beyond the control and without the fault of JCI, 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. Prices for materials, labor, and equipment covered by this contract may be adjusted by JCI, upon notice to Purchaser at any time, to reflect any increase in JCI's cost of raw materials (e.g., steel, aluminum) incurred by JCI. 4. WARRANTY. JCI warrants that the equipment manufactured by it shall be free from defects in material and workmanship arising from normal usage for a period of ninety (90) days from delivery of said equipment, or if installed by JCI, for a period of ninety (90) days from installation. JCI warrants that for equipment furnished and/or installed but not manufactured by JCI, JCI will extend the same warranty terms and conditions which JCI receives from the manufacturer of said equipment. For equipment installed by JCI, if Purchaser provides written notice to JCI of any such defect within thirty (30) days after the appearance or discovery of such defect, JCI shall, at its option, repair or replace the defective equipment. For equipment not installed by JCI, if Purchaser returns the defective equipment to JCI within thirty (30) days after appearance or discovery of such defect, JCI shall, at its option, repair or replace the defective equipment and return said equipment to Purchaser. All transportation charges incurred in connection with the warranty for equipment not installed by JCI shall be borne by Purchaser. These warranties do not extend to any equipment which has been repaired by others, abused, altered or misused, or which has not been properly and reasonably maintained. THESE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY AND FITNESS FOR A SPECIFIC PURPOSE. JCI makes no and specifically disclaims all representations or warranties that the services, products, software orthird party product or software will be secure from cyberthreats, hacking or other similar malicious activity. 5. LIABILITY. To the maximum extent permitted by law, in no event shall JCI and its affiliates and their respective personnel, suppliers and vendors ("JCI Parties") be liable to Purchaser or any third party under any cause of action or theory of liability even if advised of the possibility of such damages, for any: (a) special, incidental, indirect, punitive or consequential damages; (b) loss of business, use, profits, revenues, customer opportunities, anticipated savings or goodwill; (c) business interruption; or (d) data loss or other losses arising from viruses, ransomware, cyber-attacks or failures or interruptions to network systems arising in any manner from the The information contained in this document is proprietary to Johnson Controls Inc. Use or disclosure of this information, except for purposes of evaluation, is prohibited without the written permission of Johnson Controls Inc. This information is copyrighted. Copyright JCWSI 2004. All rights reserved. Johnson Controls, Inc. Page 4 of 6 ControlsJohnson Project: City of Santa Clarita City Hall Boiler Replace Project Address: Jaimeen Vora 657-298-0277 jaimeen.vora(a-JcJ i.com equipment or material furnished or the work performed pursuant to this agreement. In any case, the entire aggregate liability of the JCI Parties underthis agreement for all damages, losses, causes of action, whether in contract, tort (including negligence), or otherwise, shall be limited to the amount actually received by JCI for the performance of its obligations hereunder. 6. TAXES/TARIFFS. 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. Pricing for products and parts covered by this proposal does not include any amounts for changes in tariffs or other similar charges imposed and/or enacted by a government. At any time prior to shipment, JCI shall be entitled to an increase in time and money for any costs that it incurs directly or indirectly that arise out of or relate to changes in tariffs or similar charges due to such changes. 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 JCI'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 JCI in the collection of amounts due and payable under this Agreement. 14. ONE-YEAR CLAIMS LIMITATION. No claim or cause of action, whether known or unknown, shall be brought against JCI more than one year after the claim first arose. Except as provided for herein, JCI's claims must also be brought within one year. Claims not subject to the one-year limitation include claims for unpaid: (a) contract amounts, (b) change order amounts (approved or requested) and (c) delays and/or work inefficiencies. 15. PURCHASER RESPONSIBILITIES. Purchaser is solely responsible forthe establishment, operation, maintenance, access, security and other aspects of its computer network ("Network") and shall supply JCI secure Network access for providing its services. Products networked, connected to the internet, or otherwise connected to computers or other devices must be appropriately protected by Purchaser and/or end user against unauthorized access. Purchaser is responsible to take appropriate measures, including performing back-ups, to protect information, including without limit data, software, or files (collectively "Data") prior to receiving the service or products. 16. FORCE MAJEURE. JCI shall not be liable, nor in breach or default of its obligations under this Agreement, for delays, interruption, failure to render services, or any other failure by JCI to perform an obligation under this Agreement, where such delay, interruption or failure is caused, in whole or in part, directly or indirectly, by a Force Majeure Event. A "Force Majeure Event" is a condition or event that is beyond the reasonable control of JCI, whether foreseeable or unforeseeable, including, without limitation, acts of God, severe weather (including but not limited to hurricanes, tornados, severe snowstorms or severe rainstorms), wildfires, floods, earthquakes, seismic disturbances, or other natural disasters, acts or omissions of any governmental authority (including change of any applicable law or regulation), epidemics, pandemics, disease, viruses, quarantines, or other public health risks and/or responses thereto, condemnation, strikes, lock -outs, labor disputes, an increase of 5% or more in tariffs or other excise taxes for materials to be used on the project, fires, explosions or other casualties, thefts, vandalism, civil disturbances, insurrection, mob violence, riots, war or other armed conflict (or the serious threat of same), acts of terrorism, electrical power outages, interruptions or degradations in telecommunications, computer, network, or electronic communications systems, data breach, cyber-attacks, ransomware, unavailability or shortage of parts, materials, supplies, or The information contained in this document is proprietary to Johnson Controls Inc. Use or disclosure of this information, except for purposes of evaluation, is prohibited without the written permission of Johnson Controls Inc. This information is copyrighted. Copyright JCWSI 2004. All rights reserved. Johnson Controls, Inc. Page 5 of 6 ControlsJohnson Project: City of Santa Clarita City Hall Boiler Replace Project Address: Jaimeen Vora 657-298-0277 jaimeen.vora(a-JcJ i.com transportation, or any other cause or casualty beyond the reasonable control of JCI. If JCI's performance of the work is delayed, impacted, or prevented by a Force Majeure Event or its continued effects, JCI shall be excused from performance under the Agreement. Without limiting the generality of the foregoing, if JCI is delayed in achieving one or more of the scheduled milestones set forth in the Agreement due to a Force Majeure Event, JCI will be entitled to extend the relevant completion date by the amount of time that JCI was delayed as a result of the Force Majeure Event, plus such additional time as may be reasonably necessary to overcome the effect of the delay. To the extent that the Force Majeure Event directly or indirectly increases JCI's cost to perform the services, Customer is obligated to reimburse JCI for such increased costs, including, without limitation, costs incurred by JCI for additional labor, inventory storage, expedited shipping fees, trailer and equipment rental fees, subcontractor fees or other costs and expenses incurred by JCI in connection with the Force Majeure Event. 17. SOFTWARE AND DIGITAL SERVICES. Use, implementation, and deployment of the software and hosted software products ("Software") offered under these terms shall be subject to, and governed by, JCI's standard terms for such Software and Software related professional services in effect from time to time at https://www.mohnsoncontrols.com/techterms (collectively, the "Software Terms"). Applicable Software Terms are incorporated herein by this reference. Otherthan the right to use the Software as set forth in the Software Terms, JCI and its licensors reserve all right, title, and interest (including all intellectual property rights) in and to the Software and improvements to the Software. The Software that is licensed hereunder is licensed subject to the Software Terms and not sold. If there is a conflict between the other terms herein and the Software Terms, the Software Terms shall take precedence and govern with respect to rights and responsibilities relating to the Software, its implementation and deployment and any improvements thereto. 18. ENTIRE AGREEMENT. This proposal, upon acceptance, shall constitute the entire agreement between the parties and supersedes any prior representations or understandings. 19. 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. The information contained in this document is proprietary to Johnson Controls Inc. Use or disclosure of this information, except for purposes of evaluation, is prohibited without the written permission of Johnson Controls Inc. This information is copyrighted. Copyright JCWSI 2004. All rights reserved. Johnson Controls, Inc. Page 6 of 6