HomeMy WebLinkAbout20101742.tiff RESOLUTION
RE: APPROVE QUOTATION AND PROPOSAL FOR CONTROLS UPGRADE FOR WELD
COUNTY CLINIC BUILDING AND AUTHORIZE CHAIR TO SIGN - JOHNSON
CONTROLS, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Quotation and Proposal for a Controls
Upgrade for the Weld County Clinic Building between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Department of
Buildings and Grounds, and Johnson Controls, Inc., with terms and conditions being as stated in
said quotation and proposal, and
WHEREAS, after review, the Board deems it advisable to approve said quotation and
proposal, a copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Quotation and Proposal for a Controls Upgrade for the Weld County
Clinic Building between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Buildings and Grounds, and
Johnson Controls, Inc., be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said quotation and proposal
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 2nd day of August, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: /�, r o \ YL a a tr
7. N.' "'_ -�� OouglO Radema Fier, hair
Weld County Clerk to th.el Boa
` ��; ara Kirkmeyer, ro-Tem
BY:
Deputy Clerk to the Bo �� e
LF►� Se . Cdn
APPF3O�ZED AS RM: (f 4 /Z
/ William' is
F. G
County Attorney EXCUSED
David E. Long
Date of signature: 8/2V
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k \ oToh j Ct hW Ci LTOb(0 2010-1742
.3 .1O BG0013
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Johnson /1J), 4
360 Whitney Bay
Controls Windsor, CO 80550
Phone 970-231-8998
Fax:970-797-1693
Email Charles.e.Ha11e,JCI.com
QUOTATION
July 26,2010
To: Weld County
Attn: Toby Taylor
P.O.Box 758
Greeley,CO 80632
Subject: Weld County Controls Upgrade Building 1551 N.T°Street
Terms: Freight Included,F.O.B.Factory
Net 30 Days,No Taxes Included
2%Pre-payment discount if applicable
Dear Mr Taylor.
We are pleased to have the opportunity to quote the following equipment and services for the above referenced
project.
SCOPE OF OFFER
Item I: Temperature Controls- 1151 N. 17th Street
ITEM I:Temperature Controls TAG:
Variable Air Volume Boxes(Controls only)Typical of 18 Boxes
• Zone Temperature-AI
• Warm/Cool Ad-Al
• CFM Sensor-AI
• Discharge Air Temperature-Al(extra above scope)
• Damper Command-AO
• (1)Heating Valve Command-DO(reuse existing valve)
2010-1742
PAGE 1OF4
g&, ad/3
1551 N. 17th Street
Rooftop Unit
• Supply Fan Command-DO
• Supply Fan Status-DI
• Discharge Air Temperature-Al
• Mixed Air Temperature-Al
• Duct Static Pressure-AI
• Building Static Pressure-Al
• Mixing Dampers Command-AO
• Inlet Vane Command-(2-DO)
• (4)Stages of Cooling-DO
• Smoke Detector Input-DI(Reuse existing Smoke Detector)No work on FA system
• Digital Controller Bacnet MS/TP(Open protocol system)
Temperature Controls Network
• Network Automation Engine
Air Balance
• VAV Boxes
• Registers
Global Control System to include:
• Provide project engineering,drawings,installation,check-test-start,programming,project management and
a one-year parts and labor warranty.
PAGE 2 OF 4
1551 N. 17th Street
Protect Bid Clarifications to include:
Miscellaneous Clarifications:
• All work can done during normal business hours
• All conduit for project can be EMT type
• Plenum rated cable can be used for all assessable concealed areas
• Owner will provide IP address and network drop at Network Control Engine
• Mechanical repairs to systems is excluded.
• Complete Building Air Balance for 1551 N. 17d'street.
Prficin
Base Price $40,534.00
IMPORTANT: This proposal incorporates by reference the terms and conditions on the reverse side
hereof.)
This proposal is hereby accepted This proposal is valid until:
And Johnson Controls is authorized 30 days after quote
To proceed with the work;subject,
However to credit approval by Johnson
Controls,Inc.,Milwaukee,Wisconsin. JOHNS N CS,INC.
CONTRO
ov
P.O.Number Charles Hall
x-It- 424cas-rap-r-
Signs
Douglas Rademacher, Chair
Board of Weld County Commissioners
AUG 0 2 2010
PAGE 3 OF 4
oio- /73'a
1551 N. 17th Street
JOHNSON CONTROL 4 CONDTIONs OF SAT F
I.CONTROLLING PROVISIONS:ALL SALES ARE EXPRESSLY LIMITED TO AND THE RIGHTS OF THE PARTIES SHALL BE GOVERNED EXCLUSIVELY BY THE TERMS
AND CONDITIONS STATED HEREIN V/HETHER THIS CONTRACT,OF WHICH THIS CONDITIONS OF SALE IS A PART REPRESENTS AN OFFER BY SELLER OR SELLERS
CONDITIONAL ACLErt_ANCE OF BUYER'S OFFER.SELLERS OFFER IS EXPRESSLY CONDITIONED ON BUYER'S ACCEPTANCE OF THE TERMS AND CONDITIONS OF
THIS CONTRACT SELLERS ACCEPTANCE OF BUYERS OFFER IS EXPRESSLY CONDITIONED ON BUYER'S ASSENT TO THE TERMS AND CONDITIONS OF THIS
CONTRACT-No addition to,waiver or modification of these tenor and coditioa shall be binding on St then expressly agreed to in wiring by Seller.All quotations or resulting contracts
dull be interpreted under the laws of the State of Pennsylvania.No Se shall be fain wail acknowledged in writing by S .
2.TERMS,TAXES AND RICIS:a.Terms of payment are subject to the approval ofSde's credit department.Unless otherwise agreed to in writing by Seller,all payments are due net dirty
(30)days from the date of invoice In the event that the Buyer his Poled to pay Seller for products or service ordered under different contracts or order this Comma as required by the taw and
conditions of said contracts or Contract St, ar its option shag have the right to make any delivery under this Contract payable outwit beforesM1ipomt basis.In die care of export des
unless otherwise agreed to in wring by Seller,all payments are to be by means ofa confirmed irrevocable letter of credit.b.In addition to the prices specified in the Contact between the parties,
(refined to in this Conditions of Sale as"Contract'),Buyer shell pay St the amount of any attire,W.priviegq We or arty other taxer or Sove nmmt charge,local,state Or faded,which
arise from the sale or delivery of the products,or in lieu thereof Buyer shall provide St with a tax exemption certificate acceptable to the appropriate taxing authorities.c.Prices and deliveries
are F O.B..p Eta of manufacture.Prices on accepted orders and covering St-manufactured products are firm for a period of 90 days from date of acceptance St reserves the right to
increase the price at the time ofshipment to the alas of any increase in con to it of any the not of Ste manufacture on which fine prices were not available on the date of acceptance.
3 SHIPMENT:Deliveries are F.O.B.poke of manufacture Risk of loss shag pass to the Buyer upon delivery to the cattir.Any claims for damage or loos in shipment art between the carrier and
Buyer.Seller shall not be involved in such claims beyond Seller's ardstance is processing and securing information pertaining to such damage claims.
4.DELAYS:The delivery dme(s)under the Comm is only an estimate and is based upon prompt receipt of all necessary iofamrtims from Buyer.The delivery dates)is mbject to and shall be
extended by delaya cured by stoles.firer,acciderer,shortages of labor or rarials,embargon or delays in transportation,compliance with governs agency or official requests,or any other
similar or dissimilar cause beyond the reasonable control of Seiler.FAILURE TO DELIVER WITHIN THE TIME ESTIMATED SHALL:NOT BE A BREACH OF CONTRACT ON SELLER'S
PART AND IN NO EVENT WHATSOEVER WILL SFa a PR BE RESPONSIBLE OR BUYER ENTITLED TO ANY DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OR OF OR RELATING TO ANY DELAY IN DELIVERY.If Buyer causes St to delay shipment or completion of wort Seller shall be entitled to any and all
extra con and expenses rending from such delay.
5.CANCELLATIONS AND ALTERATIONS a Accepted orders may by cancelled by Buyer only with Seller's express written consent.Ifarellation in allowed,Buyer agrees to pay to Sella
all expenses incurred and damage smashed by Seller on account of such cancellation,pia a reasonable profit.b.The delivery date(s)s specifications af*MOPS cedar,whrber canpheted Or in
process,cannot be altered except by Sego's express written toes and upon taw which will indenting,St for all comets incurred and damages sustained by Seller on account of aids
alteration,phis a reasonable pros
6 WARRANTY:Subject to the terms,conditions and limitations ha®after set forth,St warrants,to the original Buyer only,each new product manufactured by at to be free from defects
in material and workmanship.Seth's mire end exclusive obligation and liability,and Buyer's sole and emissive remedy,under the warmth is limited to repairing or replacing at Sellers option,
free of charge;FOB.factory,any past proving defective during the duration of this express warranty.The oblgndau of Seller wider this warmly shall not include any BasWrtation cost,labor
cons,.installation costs.or other car or charges associated with to repair or replacement This warranty dull not be enforceable if the Buyer is in dedult in making any contract payment The
duration of this express warranty(a)for new equipment 18 months Boer the date of sham*,and(b)for any YORK replannad pan is 90 days din the date of installation This warranty dm
not cover allures caused in whole of n part by 0)improper installation,by other than YORK, or w"vaaana;(2)improper urn or spoliation;(3)cnoaioe;(4)normal deteriation;(5)
operation beyond rated capacity,(6)the use of replacement pat or lubricants which do not meet or exceed Seller's specification,or(7)improper repairs Products famished,but not
manufactured by Seta,are not covered by this warremy,but by only such warranties as are give by the said motheaten to St To qualify for warranty consideration at the earlier of the
Buyer's discovery of the defect or the time at which to Buyer should have discovered the defect;Buyer men immedimdy try St and neat promptly thereafter return to St(freight
prepaid)all defective puts.THIS WARRANTY IS EXCLUSIVE AND IN LILNOP ALL OTHER EXPRESS OR IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION ANY
WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WHICH ARE HFRFBY DISCLAIMED THE OBLIGATION AND LIABILITY OF YORK
(SELLER)UNDER THE EXPRESS WARRANTY STATED SHALL NOT INCLUDE LIABILITY FOR LOSS OF USE,LOSS OF PROFITS OR ANY OTHER DIRECT OR INDIRECT
INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY THE FAILURE OF ITS PRODUCT OR ANY DEFECT N THAT PRODUCT OR DELAY IN REMEDYING THE SAME.
7.LIABILITY:Seller shall not be liable to Buyer for(a)any lore;(h)any direct or indirect incidental Or tnaequential damages or(c)any delays,caused by the failure of its produce Or any
defect in that product,except to repair or replace defective parts as provided for in the Warranty provision,Sellers warranty rum only to Buyer and does not extend expressly or by eophctioes,to
any other person.Buyer agrees that Seller's fulfilment of its obligations under the Warranty provision shall constitute a(unmet of all Seller's liabilities whether in contract or in tort,with
respect to the Contract.Buyer aho agrees that St shall not be liable for any damages to Buyer or to a third person arising out of the presence of the installed products on Buyers premises or out
of the use or operation thereof In no event whatsoever,shell St be held liable to Buyer for any direct or Mama incidental or consequential damages
8.PATENTS:Sella agrees to mde nn*.Buyer against all damages and cow recovered in any paten litigation upon Buyer's use of Se ler's products in the manner intended by Seer in an mount
not exceeding the am paid for the thinning products provided(I)Buys immediately notifies the St in writing of any such claim of infringement(2)Buyer allows St to employ counsel,
conduct the defense to a finality sad mist Seller with the defame:and(3)Buyer shall have paid for all the products or shall not be in default in any of the requited payments.St assumes ne
liability as to possible perm infirgmmt by virtue of the use of its produces in combisrton with other elements or rnacnues or the use of products manufactured to Buyer specifications.Nary of
its products should be held in any such suit to constitute infringement and is use enjoined Sear shall have the tight,at Sera option,at its own expense,either to praise for Buys the fight to
continue such use or to substitute,other non-infringing or to remove such infringing products and refired to Buyer all money pad to Sella Except as herein specifically provided,St shall not be
liable to Buyer for any paten infringement by said products or any part thereof
9.EQUIPMENT NOT SPECIFIED:Machinery, equipment,materials and labor service,including engineering or mechanical savior.not specified in the Comma,are to be Smashed in all
cane,by Buyer
10.CHANGES OF CONSTRUCTION AND DESIGN:Seller reserves the right to change or revise the coonnMion and design of the products purchased by Buyer,din its judgement it is to its
own Or Buyer's hen interest to do an.Buyer agrees to the the epase of neeting my changes Or nod'Acatiom in local code requirements which become effective after Seller has accepted
Buyer's order.
II.MATERIAL SPECIFIED BY CONTRACT: The Contract specifies the products applied by St.The amount or the kind of such products is not changed nor increased by anything
down upon drawings gnashed by Seller which are not a pat of the Contract documents.
12.RETURNED PRODUCES AND RESTOCKING.Products may not be returned without the amass written consent of St and in accordance with tapping instructions from Seller.All
transportation changes to and from Seller's Amory are to be paid by Buyer.Products made to medal order are not raurmNe.A restocking charge of not less than twenty percent(20%)will apply
on standard products accepted by Seller for a rem and credit.St will not be respondbk for the disposition of returned products these the terms of this provision ate complied with.
13.ENTIRE AGREEMENT:The parties agree that there an no agreements or representations express or implied,between the parties other than what is wanted in this Contract of which this
Conditions of Sale nape.which represents to entire agreement between Sella ad Buyer with the exception of those agreanms,if any.expressly agreed to in writing by Seller.No course of
prior dealings and no usage of the trade shat be relevant to supplmem or explain any terms used in this Contact.The Contract between the parties may be modified or rescinded only by a writing
signed by both Seller and Buyer.
14.CHARACTER OF PRODUCT AND SECURITY INTEREST:The products delivered by St under the terms tithe Contract shall rnsen personal property and retain is character as
such no matter in what matter affixed or attached to any structure or property.Buyer grants Sella a security interest in said products,any replacement pun and any proceeds thereof until all sums
due Sets have bean paid to it in ads His security interest shall secure all indebtedness or obligrom of whatsoever nature now or Salter owing Brayer to St.Buyer shall pay at expenses of
any nature whatsoever incurred by Seller in comaecton with raid recut intact.
15.INSURANCE:Buyer agrees to inure the products delivered under the Contract in an amount at last equal to the purchase price against loss or damage from Are,wind,water or other cares
within such period will not relieve Buyer from its ebhgation melt the Camas.The iamnee policies are to be made payable to Seller and Buyer in accordance with their respective interests,and
when hared are to be delivered to Sete and held by it.Failure to take out and maintain such insurance shall entitle St to declare the entire purchase pia to be immdfarhy due and payable and
shall also entitle Seller to recover possession of said products.
16.INSTALLATION:If installation by the St is included within this quotation,Purchaser shag provide all of the following al is own a mere and at all times pertinent to the installation:
a)Free,dry,unrestricted and continuous access to Purchaser's premises.
b)Proper foundations,fighting,power,water and none facilities reasonably required.
PAGE 4 OF 4
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made by and between the County of Weld, State of Colorado,
whose address is 915 10th Street, Greeley, Colorado, 80631 ("County"), and Johnson Controls,
whose address is 360 Whitney Bay, Windsor, CO 80550, ("Contractor").
WHEREAS, County desires to retain Contractor as an independent contractor to perform
services as more particularly set forth below; and
WHEREAS,Contractor has the time available, equipment, and materials to timely
perform the services, and is willing to perform the services according to the terms of this
Agreement and its attached Exhibit A.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. Engagement of Contractor. County hereby retains Contractor, and Contractor
hereby accepts engagement by County upon the terms and conditions set forth in this Agreement.
2. Term. The term of this Agreement shall be from the date of signing by both parties
hereunder, through and until completion of the Services of installing the controls described in
Exhibit A.
3. Services to be Performed. Contractor agrees to perform the Services listed or
referred to in Exhibit A, attached hereto and incorporated herein.
4. Compensation.
a. County agrees to pay Contractor for services performed as set forth on
Exhibit A the sum of$40,534.00. Said sum shall include payment for all materials and
labor.
b. Payment to Contractor will be made only upon presentation of a proper
invoice by Contractor upon completion of the services described in Exhibit A. Payment
shall be made by County in accordance with the terms set forth in Paragraph 2, Page 4 of
Exhibit A.
5. Additional Work. In the event the County shall require changes in the scope,
character, or complexity of the work to be performed, and said changes cause an increase or
decrease in the time required or the costs to the Contractor for performance, an equitable
adjustment in fees and completion time shall be negotiated between the parties and this
Agreement shall be modified accordingly by a supplemental Agreement. Any claims by the
Contractor for adjustment hereunder must be made in writing prior to performance of any work
covered in the anticipated supplemental Agreement. Any change in work made without such
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prior supplemental Agreement shall be deemed covered in the compensation and time provisions
of this Agreement.
6. Independent Contractor. Contractor agrees that Contractor is an independent
contractor and that neither Contractor nor Contractor's agents or employees are, or shall be
deemed to be, agents or employees of the County for any purpose. Contractor shall have no
authorization, express or implied, to bind the County to any agreement, liability, or
understanding. The parties agree that Contractor will not become an employee of County, nor is
Contractor entitled to any employee benefits from County as a result of the execution of this
Agreement.
7. Warranty. Contractor warrants that services performed under this Agreement will
be performed in a manner consistent with the professional standards governing such services and
the provisions of this Agreement. The warranty described in Exhibit A shall apply.
8. Reports County Property. All reports, test results and all other tangible materials
produced in connection with the performance of this Agreement, whether or not such materials
are in completed form, shall at all times be considered the property of the County. Contractor
shall not make use of such material for purposes other than in connection with this Agreement
without prior written approval of County.
9. Acceptance of Product not a Waiver. Upon completion of the work, Contractor
shall submit to County originals of all test results, reports, etc., generated during completion of
this work. Acceptance by County of reports and incidental material furnished under this
Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy
of the work. Acceptance by the County of, or payment for, any services performed under this
Agreement shall not be construed as a waiver of any of the County's rights under this Agreement
or under the law generally.
10. Insurance and Indemnification. Contractor shall defend and indemnify County, its
officers and agents, from and against loss or liability arising from Contractor's acts, errors or
omissions in seeking to perform its obligations under this Agreement. Contractor shall provide
necessary workers' compensation insurance at Contractor's own cost and expense.
11. Non-Assignment. Contractor may not assign or transfer this Agreement, any
interest therein or claim thereunder, without the prior written approval of County.
12. Access to Records. County shall have access to Contractor's financial records as
they relate to this Agreement for purposes of audit. Such records shall be complete and available
for audit 90 days after final payment hereunder and shall be retained and available for audit
purposes for at least five years after final payment hereunder.
13. Time of Essence. Time is of the essence in each and all of the provisions of this
Agreement.
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14. Interruptions.Neither party to this Agreement shall be liable to the other for delays
in delivery or failure to deliver or otherwise to perform any obligation under this Agreement,
where such failure is due to any cause beyond its reasonable control, including but not limited to
Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions.
15. Notices. Any notice required to be given under this Agreement shall be in writing
and shall be mailed or delivered to the other party at that party's address as stated above.
16. Compliance. This Agreement and the provision of services hereunder shall be
subject to the laws of Colorado and be in accordance with the policies,procedures, and practices
of County.
17. Non-Exclusive Agreement. This Agreement is nonexclusive and County may
engage or use other contractors or persons to perform services of the same or similar nature.
18. Certification. Contractor certifies that Contractor is not an illegal immigrant, and
further, Contractor represents, warrants, and agrees that it has verified that Contractor does not
employ any illegal aliens. If it is discovered that Contractor is an illegal immigrant, employs
illegal aliens or subcontracts with illegal aliens, County can terminate this Agreement and
Contractor may be held liable for damages.
29. Entire Agreement/Modifications. This Agreement, including all of the provisions
set forth in the attached Exhibit A, contains the entire agreement between the parties with respect
to the subject matter contained in this Agreement. This instrument supersedes all prior
negotiation, representation,and understanding or agreements with respect to the subject matter
contained in this Agreement. This Agreement may be changed or supplemented only by a
written instrument signed by both parties.
20. Funding Contingency. No portion of this Agreement shall be deemed to create an
obligation on the part of County to expend funds not otherwise appropriated or budgeted for.
21. No Conflict. No employee of Contractor nor any member of Contractor's family
shall serve on a County Board, committee or hold any such position which either by rule,
practice or action nominates, recommends, supervises Contractor's operations, or authorizes
funding to Contractor.
22. Severability. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable, this Agreement shall be construed and enforced without such provision,
to the extent that this Agreement is then capable of execution within the original intent of the
parties.
23. Governmental Immunity. No portion of this Agreement shall be deemed to
constitute a waiver of any immunities the parties or their officers or employees may possess.
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24. No Third Party Beneficiary. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating to
such enforcement, shall be strictly reserved to the undersigned parties and nothing in this
Agreement shall give or allow any claim or right of action whatsoever by any other person not
included in this Agreement. It is the express intention of the undersigned parties that any entity
other than the undersigned parties receiving services or benefits under this Agreement shall be an
incidental beneficiary only.
IN WITNESS WHEREOF,the parties have executed this Agreement as of August ,
2010.
CONTRACTOR:
JOHNSIC TROLS
By: 1
Title: See'4tt 4 a/149er
ti E�
ATTEST: E ® � BOARD OF COUNTY
CLERK TO THE BOARD ' 861 1;�.�".% COMMISSIONERSOF WELD COUNTY
1O ,
By: %?�/i/! / -�_ . �' I � B • a
Deputy Cler to the Board ��;� � ITougl Radem cher, Chairman
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