Res 2022-191R/approving a contract with Walker Engineering, Inc through a Texas Interlocal Purchasing

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additional labor beyond initial installation required to replace such defective products. In the case of Owner, Designer or Contractor specified specialty products purchased by Walker pursuant to this subcontract, Walker's warranty obligations shall be limited to a pass through of the manufacturer or distributor product warranty. Walker represents and warrants to Client that the work shall conform with the Scope of Work and be free from defective material or workmanship for a period of twelve (12) period of twelve (12) months from substantial completion of the work. WALKER MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OTHER THAN THOSE EXPRESSLY SET FORTH HEREIN. ANY IMPLIED WARRANTIES INCLUDING THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. 3 This proposal is based upon the assumption that the labor and materials anticipated herein will be reasonably available and not subject to unanticipated market fluctuations. Walker's price and schedule are subject to equitable adjustments for delays caused by Client's failure to provide any required approval or suitable Project access or by occurrences or circumstances beyond Walker's reasonable control, such as fires, fires, flood, earthquakes, strikes, riots, war, terrorism, threat of terrorism, acts of God, acts or regulation of a governmental agency, emergency, security measure or other circumstances, including, without limitation, unusual weather conditions and unanticipated shortage of labor and/or materials. 4 PROPOSAL IS BASED UPON TODAY'S WIRE PRICES AND MAY REQUIRE ADJUSTMENT AT TIME OF RELEASE. 5 In the event of any changes in the scope of services to be performed by Walker, as directed by Client, Walker shall prepare and submit a change order defining the change in scope, and setting forth the change, if any, in the schedule and cost. Upon written approval of the change order, Walker shall proceed with the work and compensation will be adjusted in accordance with the approved change order. 6 Client must provide all reasonable assistance required by Walker in connection with the services, including, without limitation, all information related to the services or subject matter thereof in Client's possession, custody or control reasonably required by Walker. 7 This propos valid- for 10 hncinocc d2vs from the da of submission eXG!udhn _ Per email confirmation In the event of significant delay or price increase ofon July 27, 2022, material or equipment occurring between the date of this proposal and the date Contractor agrees to of execution of the Subcontract through no fault of Walker Engineering, Inc. hold quoted price, Lynda Williams, ("Walker"), Walker reserves the right to withdraw this proposal and/or the Purchasing Manager Subcontract sum, Subcontract schedule, and contract requirements shall be equitably adjusted. 8 Except as otherwise specified in the Proposal, Client will pay each invoice within 30 days of its date. Interest will be charged on unpaid balances beginning 30 days from the invoice date at the lesser of 1.5% per month or the maximum rate permissible under law. Upon 10 business days' notice, Walker may suspend Services without liability until all past due amounts, including accrued interest, have been paid in full. WALKER ENGINEERING INC. 2 OF 4