HomeMy WebLinkAbout49-11 RESOLUTIONRESOLUTION NO. 49-11
A RESOLUTION AUTHORIZING A CONTRACT WITH CARRIER
CORPORATION IN THE AMOUNT OF $3,476.00 FOR THE PURCHASE
AND INSTALLATION OF HVAC CONTROLS ADDED TO THE CONTRACT
AUTHORIZED BY RESOLUTION NO. 184-10 FOR THE POLICE
DEPARTMENT BUILDING
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby authorizes a
contract, a copy of which is attached as Exhibit "A", with Carrier Corporation in the amount of
$3.476.00, for the purchase and installation of HVAC controls added to the contract authorized
by Resolution No. 184-10 for the Police Department building.
PASSED and APPROVED this 5th day of April, 2011.
APPROVED: ATTEST:
By:
ON LD JORD , Mayor
By: - /4°11(4)-A-)
SONDRA E. SMITH, City Clerk/Treasurer
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January 7,2011
TO: City of Fayetteville
Carrier Building Systems and Service
Division of Carrier Corporation
372 Agnes
Tontitown, AR 72770
(479) 756-4552 Phone
(860) 660-1243 Fax
Subject: City of Fayetteville - Police Department HVAC Control System
Quote No: 186QT11001
Carrier Building Systems and Service appreciates the opportunity to provide pricing information
associated with controls for this project.
The following is included in our scope of service:
1. Installation and termination of BACnet MS/TP communication wiring.
4 Installation and termination of low voltage control system sensor wiring.
5 Provide and field install (3) i -Vu Open BACnet controllers for the RTUs that were not
included in the original project.
6 Installation and termination of Carriers sensors and control devices.
7 Installation of (3) Carrier i -Vu Open Space temperature sensors with LCD display, set
point adjustment, local override and alarm icon.
8 All Control system software and programming to add to the new i -Vu Open system.
9 Provide one graphic for each piece of equipment.
10 Customer training
11 Parts and labor warranty as defined by Carrier Corporation's standard terms and
conditions and limited to workmanship, materials and equipment provided through
Carrier's Commercial Service Division.
The project price is: (excluding any applicable taxes) $3,476.00
Exclusions No
Alternates No
Tax Included No Bond Include No
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Notes:
1. Communication and sensor wiring will be open air and in plenum rated.
2. This pricing is base on Carrier Corporation's standard terms and conditions.
3. The above quoted price is valid for thirty (30) days.
4. All work not specifically listed under the scope of service section of this quote.
6. Smoke detectors and associated wiring.
6. All applicable taxes HAVE NOT BEEN added.
7. Progress billings will be invoiced by the 20th of the month, based on labor and/or materials
stored or installed. The information contained in this proposal is CONFIDENTIAL.
We appreciate the opportunity to provide this information. We look forward to talking with you in
the near future. If we can be of additional service please contact me at 479-756-4552.
TERMS OF PAYMENT to Carrier Corporation shall be net (30) upon receipt of invoice. This
pricing is base on Carrier Corporation's standard terms and conditions. Further, this pricing is
based on Carrier Corporation's standard forty (40) hour work week, premium time is not included.
The above quoted price is valid for thirty (30) days. All applicable taxes HAVE NOT BEEN added.
Progress billings will be invoiced by the 201h of the month, based on labor and/or materials stored
or installed. The information contained in this proposal is CONFIDENTIAL.
We appreciate the opportunity to provide this information. We look forward to talking with you in
the near future. If we can be of additional service please contact me at 479-756-4552.
Respectfully,
Bret Thompson
Carrier Corporation
Carrier Commercial Service
Attachments: Terms & Conditions
Accepted b
Title:
Date:
2 of 3
CARRIER CORPORATION
TERMS AND CONDITIONS OF SALE- SERVICE
1. PAYMENT AND TAXES-- Payment shall be made t25% 10/net 30 days from date of invoice. Carrier reserves the right to require cash payment or other alternative
method of payment prior to completion of work if Carrier determines, in its sole discretion, that Buyer or Buyer's assignees financial condition at any time does not
justify continuance of the net 30 days payment term. In addition to the Agreement price, the Customer shall pay Carrier any applicable taxes or government charges
which may be required in connection with the service or material furnished under this Agreement.
2. WORKING HOURS— All services performed under this Agreement including major repairs, are to be provided during Carrier's normal working hours unless
otherwise agreed.
3. ADDITIONAL SERVICE- Services or parts requested by Customer In addition to those specified in this Agreement will be provided upon receipt of Customers
written authorization and invoiced at Carrier's prevailing labor rates and parts charges. Additional services or parts shall be supplied under the terms of this
Agreement
4. EXCLUSIONS— Carrier Is not responsible for items not normally subject to mechanical maintenance including but not limited to: duct work, casings, cabinets,
fixtures, structural supports. grillage, water piping, steam piping, drain piping, cooling tower fill, boiler tubes, boiler refractory, disconnect switches and circuit
breakers. Carrier is not responsible for repairs, replacements, alterations, additions, adjustments, repairs by others. unscheduled calls or emergency calls, any of
which may be necessitated by negligent operation, abuse, misuse, prior improper maintenance, vandalism, obsolescence, building system design, damage due to
freezing weather, chemical/electrochemical attack, corrosion, erosion, deterioration due to unusual wear and tear, or any other cause beyond Carrier's control.
Carrier is not responsible for the Identification, detection, abatement, encapsulating or removal of asbestos, or products or materials containing asbestos or similar
hazardous substances. In the event that Carrier encounters any asbestos product or any hazardous material in the course of performing its work, Carrier may
suspend its work and remove its employees from the project, until such product or material, and any hazards connected with it are abated. Carrier shall receive an
extension of time to complete its work and compensation for delays encountered as a result of such situation and its correction.
Carrier shall not be required to perform tests, install any items of equipment or make modifications that may be recommended or directed by insurance companies,
government, state, municipal or other authority. However, in the event any such recommendations occur, Carrier, at its option, may submit a proposal for
Customer's consideration in addition to this Agreement. Carrier shall not be required to repair or replace equipment that has not been properly maintained.
5. WARRANTY— Carrier warrants that all service provided under this Agreement shall be performed in a workmanlike manner. Carrier also warrants all Carrier parts or
components supplied hereunder to be free from defects in material and workmanship. For parts or components determined to be defective within one year from date
of installation or before the termination date of this Agreement, whichever is earlier, and in the case of service, determined to be defective within ninety (90) days of
completion of that service, Carrier shall at its option repair, replace, or issue a credit, for any such parts, components or service, provided they were not damaged,
abused, or affected by chemical properties. Any claim for defective workmanship must be provided to Carrier in writing. THIS WARRANTY IS IN LIEU OF ALL
OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. Carrier's obligation to repair, replace, or issue credit for any defective parts, components or service shall be Customer's exclusive
remedy.
6. PROPRIETARY RIGHTS— During the term of this Agreement and in combination with certain services, Carrier may elect to install, attach to Customer equipment, or
provide portable devices (hardware and/or software) that shall remain the personal proprietary property of Carrier. No devices installed, attached to real property or
portable device(s) shall become a fixture of the Customer locations. Customer shall not acquire any interest, title or equity in any hardware, software, processes,
and other intellectual or proprietary rights to devices which are used in connection with providing service on Customer equipment.
1. DELAYS— Delays caused by conditions beyond the reasonable control of either party shall not be the liability of either party to this Agreement.
8. CUSTOMER RESPONSIBILITIES— Customer shall:
• Provide a safe work environment.
• Permit access to Customer's site, and use of building services including but not limited to: water, elevators, receiving dock facilities, electrical
service and local telephone service.
• Keep areas adjacent to equipment free of extraneous material, move any stock, fixtures, walls or partitions that may be necessary to perform the
specified service.
• Promptly notify Carrier of any unusual operating conditions.
• Upon agreement of a timely mutual schedule, allow Carrier to stop arid start equipment necessary to perform service.
• Provide adequate water treatment.
• Provide the daily routine equipment operation (if not part of this Agreement) including availability of routine equipment tog readings.
• Where Carrier's remote monitoring service is provided, provide and maintain a telephone line with long distance direct dial and answer capability.
• Operate the equipment properly and in accordance with instructions.
9. EQUIPMENT CONDITION & RECOMMENDED SERVICE— Upon the initial scheduled operating and/or initial annual stop inspection, should Carrier determine the
need for repairs or replacement, Carrier will provide Customer in writing an 'equipment condition' report including recommendations for corrections and the price for
repairs in addition to this Agreement.
In the event Carrier recommends certain services (that are not included herein or upon initial inspection) and if Customer does not elect to have such services
properly performed in a timely fashion, Carrier shall not be responsible for any equipment or control failures, operability or any long-term damage that may result.
Carrier at its option will either continue to maintain equipment and/or controls to the best of its ability, without any responsibility. or remove such equipment from this
Agreement, adjusting the price accordingly.
10. CUSTOMER TERMINATION— Customer shall have the right to terminate this Agreement for Carrier's non-performance provided Carrier fails to cure such non-
performance within 30 days after having been given prior written notice of the non-performance. Upon early termination or expiration of this Agreement, Carrier shall
have free access to enter Customer locations to disconnect and remove any Carrier personal proprietary property or devices as well as remove any and all Carrier -
owned parts, tools and personal property. Additionally, Customer agrees to pay Carrier for all incurred but unamortized service costs performed by Carrier including
overheads and a reasonable profit.
11. CARRIER TERMINATION— Carrier reserves the right to discontinue its service any time payments have not been made as agreed or if alterations, additions or
repairs are made to equipment during the term of this Agreement by others without prior agreement between Customer and Carrier.
12. LIMITATION OF LIABILITY— Under no circumstances shall Carrier be held liable for any incidental, special or consequential damages, including loss of revenue,
loss of use of equipment or facilities, or economic damages based on strict liability or negligence. Carrier shall be liable for damage to property, other than the
equipment provided under this Agreement, and to persons, to the extent that Carrier's negligent acts or omissions directly contributed to such injury or property
damage. Carrier's maximum liability for any reason (except for personal injuries) shall consist of the refunding of all moneys paid by Customer to Carrier under this
Agreement, subject to right of removal and retum of equipment provided under this Agreement to Carrier.
13 WASTE DISPOSAL— Customer Is wholly responsible for the removal and proper disposal of waste oil, refrigerant and any other material generated during the term
of this Agreement
14. CLAIMS—Any suits arising from the performance Or non-performance of this Agreement, whether based upon contract, negligenc,e, strict liability or otherwise, shall
be brought within one (1) year from the date the claim arose.
15. GOVERNMENT PROCUREMENTS- Carrier offers standard commercial items which may not comply with Government specifications. Carrier does not comply with
the Cost Accounting Standards (CAS) nor with the Federal Acquisition Regulations (FAR). In no event shall Carrier provide any Cost or Pricing Data in connection
with this Agreement or subsequent modifications.
16. SUPERSEDURE, ASSIGNMENT and MODIFICATION- This Agreement contains the complete and exclusive statement of the agreement between the parties and
supersedes all previous or contemporaneous, oral or written, statements. Customer may assign this Agreement only with Carrier's prior written consent. No
modification to this Agreement shall be binding unless in writing and signed by both parties.
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John Coleman
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
City Council Council Meeting Date
Agenda Items Only
Sustainability
Division
Action Required:
Sustainability
Department
The City of Fayetteville will have a small amount of additional HVAC work on the Police building that was not included
in the scope of the original contract #2158 with Carrier.
3,476.00
Cost of this request
2240.9240.5210.00
Account Number
none
09011.0010
Project Number
Budgeted Item
250,000.71
Category / Project Budget
203,463.71
Energy Block Grant
Program Category / Project Name
Energy Block Grant
Funds Used to Date Program / Project Category Name
46,537.00 Energy Block Grant
Remaining Balance Fund Name
Budget Adjustment Attached
Di,rffiirt Director
C. 141ttorney
‘41,
• Pad...,
163/1(
Date
/
Date
3
Finance and Internal Services Director Date
Date
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
RES 184-10
11/2/2010
2158
Received in City
Clerk's Office
03-08-11 Al 1:34 RCVD
Received in
Mayor's Office
ERED\
Comments:
Revised January 15, 2009
ayest, eville
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
CORRESPONDENCE
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8272
TO: Mayor Jordan
FROM:.. -(John Coleman, Director of Sustainability &
Thru: .--' Don Marr, Chief of Staff
DATE: March 8, 2011
SUBJECT: Extension of Police Department Bid 10-59
Strategic Planning
— Energy Retrofit
Description
Using funds from the Energy Efficiency and Conservation Block Grant as part of the American Recovery
and Reinvestment Act (ARRA), the City has awarded bids to cover both lighting and heating and air
conditioning (HVAC) retrofits on the Police Department building.
Initial Bid 10-59 was awarded to Carrier Corporation for an amount not to exceed $58,620 after receiving
three bids on the project. The purpose of this action is to expand that bid in the amount of $3,476 to cover
necessary HVAC controls costs that were added to the project.
Budget Impact
Bid 10-59 was awarded for an amount not to exceed $58,620. The additional $3,476 will also be paid for
exclusively by Energy Efficiency and Conservation Block Grant funding as obtained by the City of
Fayetteville in September 2009.
RESOLUTION NO.
A RESOLUTION AUTHORIZING A CONTRACT WITH CARRIER
CORPORATION IN THE AMOUNT OF $3,476.00 FOR THE PURCHASE
AND INSTALLATION OF HVAC CONTROLS ADDED TO THE CONTRACT
AUTHORIZED BY RESOLUTION NO. 184-10 FOR THE POLICE
DEPARTMENT BUILDING
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby authorizes a
contract, a copy of which is attached as Exhibit "A", with Carrier Corporation in the amount of
$3.476.00, for the purchase and installation of HVAC controls added to the contract authorized
by Resolution No. 184-10 for the Police Department building.
PASSED and APPROVED this 5th day of April, 2011.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer