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Home My WebLink About20210461.tiffCorAvo,C1-1)11K00 March 3, 2024 FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 To: Board of County Commissioners From: Toby Taylor Subject: UPS Maintenance Services — (2021-0461) In 2021, DC Group, Inc. was awarded the UPS Maintenance Service Contract. The bid permitted the option for annual renewal for the period of May 1, 2024 through April 30, 2025 with a 3% annual escalation. Facilities Department is recommending approval of this annual renewal. Sincerely, Chris Coulter Director Co nwri-- 14itnas,L, 4/2UZ ,�5� 2621-- OLIO 6C,oU23 AMENDMENT #3 TO AGREEMENT BETWEEN WELD COUNTY AND DC GROUP INC. This Amendment is made and entered into this Liu day of Apt/t , 2024 , by and between the Board of Weld County Commissioners, on behalf of the Facilities department, hereinafter referred to as the "Department", and DC Group INC., hereinafter referred to as the "Contractor". WHEREAS the parties entered into an Agreement identified by the Weld County Clerk to the Board of County Commissioners as document No. 2021-0461, approved on May 3, 2021. WHEREAS the parties hereby agree to amend the terms of the Agreement in accordance with the terms provided herein. NOW THEREFORE, the parties hereto covenant and agree that the Agreement shall be amended as follows: 1. The current term of the Agreement will end on April 30, 2024. The term is hereby extended for one year commencing on May 1, 2024 and ending on April 30, 2025. 2. Beginning on the first day of the new term, the fee schedule will reflect a 3% escalation from the current fee schedule. 3. All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment as of the day, month, and year first above written. CONTRACTOR: Christiana By: Cudworth Digitally signed by Christiana Cudworth Date: 2024-04-10 16:17-05:00 Date Name: Christiana Cudworth Title: Contract Manager ATTEST: Weld •un- Clerk to the :•ard BY: Deputy CI:/ to the B�-'�� 04/10/2024 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Kevin D.Ross, Chair APR 2 2 2024 Page 1 of 1 02002 -D��v/ ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDYYY) 04/28/20IY23 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the po icy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER North Risk Partners CONTACT Michele Miller NAME: MENNo.ES: (651)379-7800 I rz,No): (651)379-7801 2010 Centre Pointe Blvd. E-DDRESS: michele.miller@northriskpartners.com A INSURERS) AFFORDING COVERAGE NAIL # Mendota Heights MN 55120 INsuRERA: Great Northern Insurance Company 20303 INSURED INSURER B : Federal Insurance Company 20281 DC Group, Inc. INSURER c : Travelers Casualty 8, Surety Company of America 31194 1977 W River Road N INSURER D : INSURER E : Minneapolis MN 55411 INSURER F : OVERAGES CERTIFICATE NUMBER: 23-24 Lob, Ind Crime REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUER INSD WVD POLICY NUMBER POLICY EFF (MMIDDIYYYY) POLICY EXP (MMIDD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ® OCCUR X Contractual Liability 30040803 05552023 05/01/2024 EACH OCCURRENCE $ 1,000,000 PREM SES Ea occurrence) $ 1'000'000 MED EXP (Any one person) $ 10,000 PERSONAL&ADC INJURY $ 1,000,000 X Stop Gap OH, WA, ND, WY GENERAL AGGREGATE $ 2'000'000 Galt AGGREGATE LIMIT APPLIES PER: POLICY ® JE C LOC OTHER: PRODUCTS - COMP/OP AGG $ 2.000,000 Stop Gap $ 1,000,000 B AUTOMOBILE LIABILITY X ANY AUTO OWNED AUTOS ONLY XHIRED AUTOS ONLY X Comp 1,000 SCHEDULED AUTOS X NON -OWNED X AUTOS ONLY X Coll 1,000 73633679 05/01/2023 05/01/2024 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 78199130 05/01/2023 05/01/2024 EACH OCCURRENCE $ 20,000,000 AGGREGATE $ 20,000,000 $ DED I X RETENTION $ 10,000 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE E O (MandatoryIn NH, EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A 70441367 05/01/2023 05/01/2024 X STATUTE I ISO E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ C Crime - 3rd Party - Per Single Loss 106727680 05/01/2023 05/01/2024 EE Theft -Client Property EE Theft Deductible $5,000,000 $50,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Weld County is included as additional insured on the general and auto liability when required by written contract. Waiver of subrogation applies in favor of all additional insureds in regards to general liabililty, auto liability and workers compensation when required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Weld County ACCORDANCE WITH THE POLICY PROVISIONS. 1150 O Street AUTHORIZED REPRESENTATIVE Greeley I CO 80631 GY ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Additional Named Insureds Other Named Insureds West River Road Investments, LLC Additional Named Insured OFAPPINF (02/2007) COPYRIGHT 2007, AMS SERVICES INC Contract Form Entity Information Entity Name * DC GROUP INC Entity ID* @00043490 Q New Entity? Contract Name* Contract ID UPS PREVENTATIVE MAINTENANCE AND REPAIRS 8000 RENEWAL Contract Status CTB REVIEW Contract Lead * CNAIBAUER Contract Lead Email cnaibauer@weld.gov Parent Contract ID Requires Board Approval YES Department Project # Contract Description* PROVIDE PREVENTATIVE MAINTENANCE AND REPAIRS TO COUNTY UPS SYSTEMS PER BID B2100059. TYLER DOCUMENT 2021-0461 Contract Description 2 Contract Type * RENEWAL Amount* $24,258.54 Renewable" NO Automatic Renewal Grant IGA Department Requested BOCC Agenda Due Date BUILDINGS AND Date* 04/11/2024 GROUNDS 04/15/2024 Department Email CM- BuildingGrounds@weldgo v.com Department Head Email CM-BuildingGrounds- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL DGOV.COM Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date" 02/10/2025 Committed Delivery Date Renewal Date Expiration Date* 04/01/2025 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel CURTIS NAIBAUER CHERYL PATTELLI KARIN MCDOUGAL DH Approved Date Finance Approved Date Legal Counsel Approved Date 04/11/2024 04/12/2024 04/16/2024 Final Approval BOCC Approved Tyler Ref # AG 042224 BOCC Signed Date Originator CNAIBAUER BOCC Agenda Date 04/22/2024 eonlivac+- irk �o�i2 April 3, 2023 FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 To: Board of County Commissioners From: Toby Taylor Subject: UPS Maintenance Services — (2021-0461) In 2021, DC Group, Inc. was awarded the UPS Maintenance Service Contract. The bid permitted the option for annual renewal for the period of May 1, 2023 through April 30, 2024 with a 3% annual escalation. Facilities Department is recommending approval of this annual renewal. Sincerely, Toby Taylor Director Conger7F Hy-11So,- OL/AcI/2,3 zo21 &C o02`3 AMENDMENT # 2 TO AGREEMENT BETWEEN WELD COUNTY AND DC GROUP, INC. This Amendment is made and entered into this t9 day of 010A\ , 2023, by and between the Board of Weld County Commissioners, on behalf of the Facilities Department, hereinafter referred to as the "Department", and DC Group, INC., hereinafter referred to as the "Contractor". WHEREAS the parties entered into an Agreement identified by the Weld County Clerk to the Board of County Commissioners as document No. 2021-0461, approved on May 3, 2021. WHEREAS the parties hereby agree to amend the terms of the Agreement in accordance with the terms provided herein. NOW THEREFORE, the parties hereto covenant and agree that the Agreement shall be amended as follows: 1. The current term of the Agreement will end on April 30, 2023. The term is hereby extended for one year commencing on May 1, 2023 and ending on April 30, 2024. 2. Beginning on the first day of the new term, the Fee Schedule shall reflect a 3% escalation from the current Fee Schedule. 3. All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment as of the day, month, and year first above written. CONTRACTOR: Christiana By: Cudworth Digitally signed by Christiana Cudworth Date: 2005%04-06 7 005:00 Name: Christiana Cudworth Title: Contract Manager ATTEST: [14/1% `"j6114 4 Weld Co nt Clerk to the Bo rd BY: Deputy Cler / o the Bo Date 04/06/2023 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Chair APR 1 9 223 Page 1 of 1 moll -o�� Contract Form Request En Entity Name* DC GROUP INC Contract Name. UPS MAINTENANCE Contract Status CTB REVIEW Entity 1D* @00.043490 ❑ New Entity? Contract ID 6812 Contract Lead. SGEESAMAN Contract Lead Email sgeesaman@co.weld.co.us;l redfern@weldgov.com Parent Contract ID Requires Board Approval YES Department Project Contract Description. UPS MAINTENANCE RENEWAL ANNUAL ESCALATION OF 3% (323,551.98, ANNUAL) (S1,962.665/ MONTHLY) Contract Description 2 Contract Type. RENEWAL Amount* $23,551.98 Renewable* YES Automatic Renewal Department Requested BOCC Agenda Due Date BUILDINGS AND GROUNDS Date* 04/13/2023 04/17/2023 Department Email CM- BuildingGrounds@weldgov.c om Department Head Email CM-BuildingGrounds- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL DG OV.COM Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid) RFP #'' 62100059 If this is a renewal enter previous Contract ID If this is part of a MSA enter MEA Contract ID Note! the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Oat! Effective Date Review Date. 04x01;2024 Renewal Date 05101/2024 Termination Notice Period Contact Information Contact Info Contact Name Purchasing Committed Delivery Date Expiration Date Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Approver Purchasing Approved Date CHERYL PATTELLI 04;14/2023 Approval Process Department Head TOBY TAYLOR DH Approved Date 04/12/2023 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 04/19/2023 Originator SGEESAMAN Finance Approver CHERYL PATTELLI Legal Counsel BRUCE BARKER Finance Approved Date Legal Counsel Approved Date 04/13/2023 04/13/2023 Tyler Ref # AG 041923 Con-l-va_c-f- ott 5717 FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 April 4, 2022 To: Board of County Commissioners From: Toby Taylor Subject: UPS Maintenance Services — (2021-0461) In 2021, DC Group, Inc. was awarded the UPS Maintenance Service Contract. The bid permitted the option for annual renewal for the period of May 1, 2022 through April 30, 2023 with a 3% annual escalation. Facilities Department is recommending approval of this annual renewal. Sincerely, Toby Taylor Director Can 0 Ott/170Z2 ec.. ia.J.0s-a-ogi e9-x-esd. 8,&) 4//i/a2A 2UZI-04(o( pe, 0OZ3 AMENDMENT # 1 TO AGREEMENT BETWEEN WELD COUNTY AND DC GROUP, INC. This Amendment is made and entered into this I' th day of April , 2022, by and between the Board of Weld County Commissioners, on behalf of the Facilities Department, hereinafter referred to as the "Department", and DC Group, INC., hereinafter referred to as the "Contractor". WHEREAS the parties entered into an Agreement identified by the Weld County Clerk to the Board of County Commissioners as document No. 2021-0461, approved on May 3, 2021. WHEREAS the parties hereby agree to amend the terms of the Agreement in accordance with the terms provided herein. NOW THEREFORE, the parties hereto covenant and agree that the Agreement shall be amended as follows: 1. The current term of the Agreement will end on April 30, 2022. The term is hereby extended for one year commencing on May 1, 2022 and ending on April 30, 2023. 2. Beginning on the first day of the new term, the Fee Schedule shall reflect a 3% escalation from the current Fee Schedule. 3. All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment as of the day, month, and year first above written. CONTRACTOR: Christiana Cudworth Digitally signed by Christiana Cudworth By: Date: 2022-04-04 14:15-05:00 Date 04/04/2022 Name: Christiana Cudworth Title: Contracts Specialist ATTEST: Weld BY: datriwo xido;ok, Deputy i1►-_ to the B BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO tt K. James, Chair APR 1 8 2022 Page 1 of 1 Contract Form New Contract Request Entity Information Entity Name* DC GROUP INC Contract Name* UPS MAINTENANCE (2021-0461) Contract Status CTB REVIEW Entity ID* gO0043490 Contract Description* CONTRACT RENEWAL FOR UPS MAINTENANCE SERVICES Contract Description 2 Contract Type* RENEWAL Amount' S22,866.00 Renewable* YES Automatic Renewal Grant IGA Department BUILDINGS AND GROUNDS Department Email CM- BuildingGrounds@weldgov.c om Department Head Email CM-BuildingGrounds- DeptHead wnweldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYA I I ORNEYgWELDG OV.COM ❑ New Entity? Contract ID 5717 Contract Lead* SGEESAMAN Contract Lead Email sgeesaman@co.weld.co.us Requested BOCC Agenda Date* 04x'18;2022 Parent Contract ID Requires Board Approval YES Department Project # Due Date 04/14/2022 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid/REP # B2100059 If this is a renewal enter previous Contract ID if this is part of a NR5A enter NSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in On Base Contract Dates Effective Date Review Date* 04'03:2023 Renewal Date 05. 01/2023 Termination Notice Period Committed Delivery Date Expiration Date Contact Information Intact In Fttrchasig Purchasing on ESTHER GESICK Approval Piroces Department Head TOBY TAYLOR OH Approved Date 04/05/2022 FinalApproval BOCC Approved BOCC Signed Date BOCC Agenda Date 04:18/2022 Originator SGEESAMAN Contact Type Contact Email Contact Phone 1 Contact Phone 2 Finance Approver CHERYL PATTELLI Purchasing Approved Date 04,/1312022 Legal Counsel BRUCE BARKER Finance Approved Date Legal Counsel Approved Date 04/08/2022 04!08; 2022 Tyler Ref AG041822 aon+roic+ E ) # `1(o 5Co AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & DC GROUP, INC. UPS PREVENTATIVE MAINTENANCE & REPAIR THIS AGREEMENT is made and entered into this 3' day of ` ' , 2021, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and dc Group, INC. whose address is 1977 West River Road N, Minneapolis, MN 55411, hereinafter referred to as "Contract Professional". WHEREAS, County requires an independent contractor to perform the services required by County and set forth in Exhibits A and B; and WHEREAS, Contractor is willing to perform and has the specific ability to perform the required Services at or below the cost set forth in Exhibit B: WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and Bare specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Bid (RFB) as set forth in "Bid Package No. B2100059". The RFB contains all of the specific requirements of County. Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in Exhibits A and B which is attached hereto and incorporated herein by reference. Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of Exhibits A and B within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities c2rn+Acreta, O103( 1 00Q1-OyCot 6�ooa3 described in Exhibits A and B. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. 6. Compensation/Contract Amount. Upon Contractor's continued successful completion of the work, and County's acceptance of the same, County agrees to pay an amount no greater than $22,200.00 which is the bid set forth in Exhibit B. Contractor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by Weld County, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 7. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. 10. Confidentiality. Confidential financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 11. Warranty_ Contractor warrants that the services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. 12. Acceptance of Services Not a Waiver. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor. Acceptance by the County of, or payment for, the services completed tinder this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance and Indemnification. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement. This paragraph shall survive expiration or termination hereof. Types of Insurance: The Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance with the minimum limits as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products & completed operations aggregate; $1,000,000 personal advertising injury Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Contractors/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent Contractors, sub - vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent Contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contractors, sub -vendors suppliers or other entities upon request by the County. 14. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 15. Examination of Records. To the extent required by law, the Contractor agrees that an duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 16. 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. 17. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Toby Taylor, Weld County Director of Facilities. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: DC Group, Inc. Attn: Collin Duke- Contracts manager Address: 1977 West River Road N Address: Minneapolis, MN 55411 E-mail: brandon.meyer@dc-group.com Telephone: (612) 238-0021 County: Name: Toby Taylor Position: Director of Facilities Address: 1105 H Street, Greeley, CO 80632 Address: PO Box 758 E-mail: ttaylor@weldgov.com Facsimile: 970.304.6532 18. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 19. 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. 20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings 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. 21. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 22. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, 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. 24. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of tie Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 25. 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. 26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor kas actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 15th day of April , 2021. CONTRACTOR: DC Group, Inc. By: Collin Duke ;- _• n a r_.e._.._,....._ ___ Date 04/15/2021 Name: Collin Duke Title: Contracts Manager WELD COU::�` , ATTEST: _1�s eAl Weld • u ty Clerk to the Board WELD COUNTY, COLORADO BOARD OF COUNTY COMMISSIONERS BY: Deputy CIe i' to ' e Steve Moreno, Chair MAY 0 3 2021 Exhibit A REQUEST FOR BID WELD CO JNTY, COLORADO 115D O STREET GREELEY, CO 80631 DATE: JANUARY 28, 2021 BID NUMBER: B2100059 DESCRIPTION: UPS PREVENTATIVE MAINTENANCE AND REPAIRS DEPARTMENT: BUILDINGS & GROUNDS PRE -BID MEETING: FEBRUARY 3, 2021 BID OPENING: FEBRUARY 10, 2021 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Controller/Purchasing Director (collectively referred to herein as, "Weld County"), wishes to purchase the following: A pre -bid conference UPS PREVENTATIVE MAINTENANCE AND REPAIRS will be held on February 3, 2021 at 1:00 PM M be adhering to current state odial distanddni B uide at 1105 H Street, Greeley, CO 80631. We Bids will be received for the above stated equipment up to, but not later than: 11:00 AM on February 1 0, 2021 jWeid County Purchasing Time Clock). Due to C ViD-19 the bid openhng a be held via a Micrsoft Teams Conference CS1. To join; call the phone number and e: etc r the Con Ter once 6D provide bellow: Phone Number (720) 439 261 Conference OD: 897769141 PAGES 1 — 8 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1-8 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 8. 2. INVITATION TO BID: Weld County requests bids for the above -listed merchandise, equipment, and/or services. Said merchandise and/or equipment shall be delivered to the location(s) specified herein Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid. You can find information concerning this request on the BidNet Direct website at https://www.bidnetdirect.comi Weld County Government is a member of BidNet Direct which is an online notification system being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Deliverv.to.eld.Coot!: 1. Email. Due to COVID-19, entailed bids are required. Bids may be emailed to bids@weldgov.com; however, if your bid exceeds 25MB please upload your bid to https://www.bidnetdirect.corn. The maximum file size to upload to BidNet is 500 MB. PDF format is required. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when we receive your bid/proposal. Please call Purchasing at 970-400-4222 or 4223 with any questions. 3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature . Bids by partnerships must furnish the full names of all partners and must be signed with the partnership n dme by re of the members of the partnership or by an authorized representative, followed by the signature and title >f the person signing. Bids by corporations must be signed with the legal name of thr3 corporation, followed by he name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person wh.- affixes to his signature the word "president," "secretary," "agent," or other titl without disclosing his principal, may De held to be the bid of the individual signing. When requested by the Weld County Controller/Purchasing girt-ctor/Purchasing Director, satisfactory evidence of the authority of the officer signing on behalf if a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized t• bind the Bidder. Ail corrections or erasures shall be initialed by the persc•n signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Prposal must be filled out completely, in detail, and signed by the Bidder. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Controller/Purchasing Director/Purchasing Director for the premature opening of a bid not properly addressed and identified. Bids may be withdrf.wn upon written request to and approval of the Weld County Controller/Purchasing Director/Purchasing Director; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. idders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' risk. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that Weld County will give prefer nce to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is -.-accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. a' u In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to the product specifications and scope of services), the formal acc ptance of the bid by Weld County, and signature of the Chair of the loard of County Commissinerss together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. 4. SUCCESSFUL IDDER HIRING P" . CTICES — ILLEGAL ALIENS Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Successful bidder will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agr ernent, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. § 17.5-102(5)(c). Successful bidder shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that the subcontract r shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Successful BID REQUEST #B2 100059 Page 2 biddcr obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or contracting with an illegal alien and s[r all terminate the subcontract if a subcontractor does n t stop employing or contracting with the illegal alien within three (3) days of receiving notice. Successful bidder shall nit terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder shall comply with reasonable requests mace in the course of an invstigatkn, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Successful bidder participates in the State .fColorado program, Successful bidder shall, within twenty days after hiring a new employee to perform wrk under the contract, affirm that Successful bidder has examined the legal work status of such employee, retained file copies of th:t docum--r,ts, and not a tered or falsified the identification documents for such employees. Successful bidder shall deliver to County, a written ntarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Success'ul bidder fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate tilt Agre=:ment for breach, and if so termiktited, Successful bidder shall be liable for actual ar d consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5- 103(4), if such individual aoplies for public benefits provided under the contract. if Successful bidder operates as a sole proprietor, it hereby swears r affirms under penalty of perju v that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms •f identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 5. GENERAL PROVISIONS Fund Availability: Financial obligations of Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds wiI be available to fund the contract b yond the current fiscal year. Trade Secrets and other Confidential Information: eld County discourages bidders from submitting confidential information, including trade secrets, that cannot be disclosed to the public. Of necessary, confidential information of the bidder shall be transmitted separately from the main bid submittal, dearly denoting in red in the information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., the Colorado Open Records Act (Cl/WA), with regard to public records, and cann..t guarantee the confidentiality of all documents. The bidder is responsible for ensuring that all information cont.sined within the confidential portion of the submittal is exempt from disclosure pursuant to C. .S. 24-72-204(3)(a)(IV) (Trade secrets, privileged information, and confidential commercial, financial, geological, or geophysical data). If Weld County receives a CORA request for bid information marked "CONFIDENTIAL", staff will review the confidential materials to determine whether any if them may be withheld from disclosure pursuant to CRA, and disclose those portions staff determines are not protected from disclosure. Weld County staff will not be responsible =.r redacting or identifying Confidential information which is Incluced within the body of the bid and not separately identified. Any document which is incorporated as an exhibit into any contract executed by the County shall be a public document regardless of whether it is marked as confidential. C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any o f the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant ti he contract. Neither the successful bidder nor any agent or BID REQUEST #B2100059 Page 3 employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County snail not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and cal head taxes (if applicble) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance mailers: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof th ,reef when requested to do so by Meld County. E. Compliancy& with Lad The successful bidder shall strictly comply with all applicable federal and state laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law: Co orado law, and rules and regulations established pursuant thereto, shall be applied in the interpret tion, execution, and en' rcement of the c = ntract. Any provision includ - d or incorp rated herein by reference which co,nt icts with said laws, rules and/or regulations shall be null and void. S if S G. No Third -Party = eneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the c ntract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorney's Fees/Le!Fal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full t p> ortunity to submit bids in response to all invit Lions and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. r J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term .f this Agreement begins upon the date of the execution of this Agreement by C and shall continue through and until successful bidder's completion of the responsibilities described in the L. Termin fltr1: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. M. Extension or IV tdificatin: Any amendments or modifications to this agreement shall be in writing sign :d by both parties. No additional services or work performed by the successful bidder shall be thy- basis for additional compensation unless and until the successful bidder has obtained written auth • rization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. BID REQUEST #B2100059 Page 4 N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise ; .f the successful bidder. he successful bidder shall not enter in:o any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld ir County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel ass gned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. Warranty: The successful bidder warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. The successful bidder further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one-year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance. The bidder warrants that be goods to be supplied shall be merchantable, of good quality, and free from defects, whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein. The successful bidder shall warrant that he has title to the goods supplied and that the goods are free and clear cf all liens, encumbrances, and security interests. Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: 1. Detailed equipment specifications to include the warranty. 2. Descriptive literature. P. Non -Assignment: The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by the successful bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. Q. lnterrupti• ns: 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 cortrol, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. P_ NoneExclusive Agreement: This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. S. Employee Financ al Interest/Conflict of Interest - C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall rot acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person BID REQUEST #B2100059 Page 5 having such known interests. During the term of this Agreement, the successful bidder sn II not engage in any business or personal activities or practices or maintain any relationships which actually conflicts with or on any way appear to conf ict with the full performance of its obligations under this Agreement. Failure by the successful bidder .o ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's f roily shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes aunding to the successful bidder. T. SeverabHity: If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of executi ,n within the .original intent of the parties. S Bonding Arbitration Prohibited: Weld County does not agree to binding arbitration by any e rg. -judicial body or person. Any rovision to the contrary in the contract or incorporated herein by reference shu;Il be null and void V.Board! of County Commissioners of Weld County Approval: This Agreement shall not be valid until it has been appr•Dved by the oard f Cc.;unty Commissioners of Weld County, Colorado or its designee. W. Compensation Amount: Upon the successful bidder's successful completion of the service, and County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted bid. he successful bidder acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by tie County's delegated employee, r by formal reslution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. X. Taxes: County will n.t withhold any taxes from monies paid to the successful bidder hereunder and the succssful bidder agrees to be solely responsibly for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Contractor shall not 'Ea! entitled to bill at overtime and/or double time rates fir wore done outside of normal business hours unless specifically authorized in writing by Coun 6. INSURANCE REQUIREMENTS General Requirements: Successful bidders must secure, at or before the time of execution of any agreement or commencement any work, the following insurance covering all operations, go ids or services provided pursue. nt to this request. Successful bidders shall keep the required insurance c.veru ge in force t all times during the term of the Agreement, or,ny extension there f, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company s "A" VIII or better. Each policy shell c ntain a valid provision or endorsement stating "Should any of the above® described policies by canceler` or should t"any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Controller/Purchasing Director/Purchasing Director by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation • r reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Successful bidder. Successful bidder sha l be responsibk for the paymerrt of any deductibk or s-�lf-insured retention. County reserves the right to require Successful bidder to pr -vide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insur nce coverages specified in this Agreement are the minimum requirements, wcnc: these requirements do [lot decrease or limit the liability of Successful bidder. The County in no way warrants that the minimum limits cone fined herein are sufficient to protect the Successful bidder from liabilities that might arise out of the pert >rmance of the work under this Contract by the Successful bidder, its agents, representatives, employees, or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate and/r prudent, maintain higher limits and/or broader coverages. The successful bidder is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The successful bidder shall maintain, at its own expense, any additional kinds or LEA Al tarn a 3 Lill BID REQUEST #B2100059 Page 6 amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The successful bidder stipulates that it has met the insurance requirements identified herein. The successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of all materials and services provided, the timely delivery of said services, and the coordination of all services rendered by the successful bidder and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the successful bidder to conform to any statutes, ordinances, regulation, law or court decree. The successful bidder shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of The successful bidder in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the successful bidder will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the successful bidder agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the successful bidder for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The successful bidder shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts. Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the successful bidder's err ployees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such successful bidder or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance for bodily injury, property damage, and liability assumed under an insured contract, and defense costs, with the minimum limits must be as follows: $1,000, 000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury Automobile Liability: Successful bidder shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Successful bidders shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the Request for Bid. Proof of Insurance: County reserves the right to require the successful bidder to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. BID REQUEST #B2100059 Page 7 Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Successful bidder's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Successful bidder's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Successful bidder. Successful bidder shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Successful bidder agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. s BID REQUEST #B2100059 Page 8 UPS Preventative Maintenance and Repairs Weld County is seeking bids for UPS Preventative Maintenance and Repairs for Uninterruptable Power Supplies located at various buildings. SCOPE OF SERVICES Contractor will provide labor, materials, supervision, training, complete mechanical maintenance service including both corrective and preventive maintenance, and emergency service, inspection, battery replacement and replacement of worn cr defective parts and devices for UPS system maintenance for the Weld County Buildings & Grounds Department at various Weld County buildings. In addition to the Preventik a Maintenance services to be quoted, the unit cost must include training, the cost of Emergency Maintenance 24 hours/7 days per week and non -emergency Corrective Maintenance. The unit cost shall also include travel, labor and all materials except batteries and repair parts for all maintenance activities. Response Time — shall mean the time from when a dispatch operator receives a phone call from the County to the time a service technician arrives on -site. UPS LOCATIONS The following table details the UPS types, locations that are required to be maintained with this preventative maintenance bid. As a reliability measure, batteries will be replaced every 4 to 5 years. In addition, capacitors and fans will be replaced every 5 to 7 years. The table below is developed on a four-year battery replacement schedule and a 6 -year capacitor and fan replacement schedule: Building Name Address Model # Serial # Brand KVA Battery Replaced Date Capacitor Replaced Date Centennial Center 915 10th Street, Greeey SYCF40KF PD1549150082 APC 40 2/24/20 4 Capacitors No Centennial Center 915 Street, 10th Gree ey 375AO50C0C6E4 40 37-2994 i Liebert 50 2/17/17 due good Looking this but year Law Admin 1950 Greeley O -Street, 37SA065A0C6EA 02 37-8813 Liebert N Power 65 9/10/18 due good Looking this but year Law Admin 1950 Greeley 0 -Street, SYCF100KF OD1714140676 SCHNIEDER ELECTRIC 65 4/2018 4/2018 North East. Jail 2 2110 O -Street, Greeley SYA8K16PXR AD1807120031 APC 16 N/A No Capacitors North Jail West 2110 Greeley O -Street, 375A030A0C6E56 3 37-3798 Liebert Power N 30 9/10/18 9/10/18 North East Jail 1 2110 Greeley O -Street, SYA8K16PXR AD1809120533 APC 9 6/27/17 ? 1551 Building 1551 Ave, Greeleti N. 17th NRD90CCSA0A10 77 M13KF0007 Liebert Emerson 90 2/17/17 No Capacitors North West Control Jail Master 1 2110 O Street SBP16KP UA1815000093 APC 2400 VA Weld 35th Tower County 3105 Greeley 35th Ale, NXB 30 38 7399 Liebert NX 30 6/28/17 DUE Now Weld 35th Tower County 3105 Greeley 35th Ade, NRD90CCSAOA34 26 M12E3F0018 Liebert APM 65 9/10/18 Capacitors No BID REQUEST #B2 100059 Page 9 RESPONSIBILITIES 1. Provide competent supervision. 2. Provide competent workers. Vendor agrees to utilize only experienced responsible people in the performance of work. 3. All contractors' personnel must wear uniforms with vendor's company NAME and wear photo ID's, which must be visible at all times. 4. The Contractor shall be responsible for notifying Buildings & Grounds of any warranties or guarantees and the terms contained therein covering replacement components. 5. Contractor shall furnish all labor, adequate & qualified supervision, materials tools & other incidentals necessary to complete all Preventative Maintenance activities. 6. Contractor shall maintain a clean worksite at all times. Work area shall be kept free from debris, materials, tools and equipment. 7. Contractor shall be responsible, at Contractor's cost, for disposing of all hazardous materials in compliance with all federal, state and local regulations. S. All work shall be conducted in accordance with all applicable OSHA regulations and NFPA 70E Standard for Electrical Safety in the Workplace. 9. Contractor shall ensure that only qualified personnel are permitted to work on electrical systems and equipment that use or control electrical power. 10. All work is to be done by employees of the awarded vendor. Any subcontracting must have prior approval of Director of Buildings & Grounds. Payment for subcontractors will be on a "pass-thru" basis. 11. Contractor shall provide their personnel, at Contractor's cost, all proper safety equipment and personal protective equipment (PPE) to prevent accidental injury in accordance with OSHA requirements. Contractor shall also ensure their personnel working at the site are trained and are aware of the potential hazards. 12. Contractor shall ensure proper environmental health and safety precautions are followed in accordance with the Occupational Safety and Health Administration (OSHA), Environmental Protection Agency (EPA), Code of Federal Regulations (CFR), and any other applicable regulatory agencies. 13. Contractor shall ensure all personnel follow all federal, state, local, and Weld County regulations. 14. County reserves the right to remove Contractor personnel for any overt violation of safety regulations, nonperformance or other. WARRANTY 1. In addition to all other warranties that may be supplied by vendor, contractor shall warrant its products and/or services against faulty labor and/or defective material. All materials, labor and workmanship for services, replacement parts and supplies shall be fully warranted and guaranteed for a minimum period of one (1) year from date of acceptance of the labor, materials and/or equipment by the County. This warranty requirement will remain in force for the full one (1) year period, regardless of whether the vendor is under contract with the County at the time of defect. Any payment by the County on behalf of the goods or services received from the bidder does not constitute a waiver of these warranty provisions. Copy of the Warranty(s), including warranty contact name, phone number and address, must be provided upon completion of work. 2. Correcting Defects Covered Under Warranty. The contractor shall be responsible for promptly correcting any deficiency, at no cost to the County, within fivr (5) calendar days after the County notifies the contractor of such deficiency in writing. If the contractor fails to honor the warranty and/or fails to correct or replace the defective work or items within the period specified, the County may, at its discretion, notify the contractor, in writing, that the contractor may be subject to contractual default if the corrections or replacements are not completed to the satisfaction of the County within five (5) calendar days of receipt of the notice. If the bidder fails to satisfy the warranty within the period specified in the notice, the County may procure the products or services from another vendor and charge the bidder for any additional costs that are incurred by the County for this work or items through a credit memorandum or through invoicing. 3. The Contractor is required to expressly warrant that all items are new and free from defects, warranted for their merchantability and meet the performance specifications of the original equipment. Parts no longer under manufacturer's warranty: the contractor may use "or equal" parts only in the event that Original Equipment Manufacturer (OEM) parts are not available and warrant the repair for a period of one (1) year from date of installation. 4. Used parts shall be returned to the County unless otherwise directed. Parts that are to be disposed of shall be disposed of by the Contractor at the Contractor's cost and in compliance with all regulatory requirements. BID REQUEST #B2100059 Page 10 WORKMANSHIP Where not more specifically describes in any of t various secti • ns ;if these specifications, workmanship shall conform to all of the niethous and operations of best standards and accepted practices of the trade or trades involve°, and snail include all items of fabrication swnstruction or installation regularly furnished or required for cornple,ion of the services. All work shall be executed by personnel skit ed in their respective lines of work. HOURS OF SERV CE 1. County regular hours are fr: , 8 am. to 5 p.m., Monday through Friday. Preventative Maintenance in the UPS systems will need to be performed outside the County normal business hours. 2. Preventive maintenance procedures and repairs may be requested and scheduled by contacting Buildings & Grounds. 3. Contractor should perform all Preventative Maintenance and call-back service after regular working hours, except emergency call service for which Contractor shall be available twenty-four (24) hours, seven (7) days a week. 4. Contractor shall coordinate any major shut downs or work that may impact the flow of c•ntinuous electric supply for Preventive Maintenance with Buildings & Grounds. 5. Contr,.1ctor shall notify the Buildings & Gr:•unds, seven (7) days in advance of any scheduled shutdowns/maintenance. RESPONSE TIMES d 2. Contractor shall provide repair service twenty-four hours a day, seven days a week. Emergency repair will be requested by the Buildings 5 Grounds Department. Contractor shall provide the County with phone numbers and names of persons to be contacted f it repair services outside regular office hours. Call back service response time s call be within two (2) hours by phone and requires an eight (8) hours on -site response time, unless other arrangements are made with the Director of Buildings & Grounds. Emergency call service response time shall be within fifteen (15) minutes by phone and two (2) hours on -site response time will apply to emergency calls only, i.e., where the UPS System is in bypass mode, with a dead critical bus due t. UPS failure In instances where repairs cannot be completed during the initial service call due to parts availability, Contractor shall place the equipment in a ter porary mode of operation. Cntractor shall obtain parts in the most expeditious means available when requested by Buildings & Grounds. iNTERPRISE TECHNOLOGY SERVICES (ETS) Bidders submitting bids on the Liebert or APC equipment should provid a cr rtific to or proof of training on the iebert or APC equipment with this bid. Failure on the part of the vendor to submit the requested information may rresutt in their bed being declared non -responsive. Ca GENERAL INSTRUCTIONS 1. The c•'ntract•r shall report to the Director of Buildings & Ground or designee before performing .any maintenance and after maintenance is complete. All maintenance shall be performed by the Contractor at mutually agreeable times 2. Repairs shall consist of all work necessary to fulfill orders placed by authorized employees. 3. The Contractor shall adhere top all Federal, State and local building codes concerning the maintenance and disposal of batteries for UPS systems. This will also include the National Electrical Code (NEC), NEPA *V 11, atest editions and all related codes and factory specifications. 4. Only new pans or refurbished parts, certified and warranted as new, and are equal or better quality than the original shall be used for maintenance or repairs. Refurbished parts must be identified prior to installation. 5. Lsed parts will be returned to the County. 6. Contractor will install all engineering changes and upgrades issued for the equipment listed at no additional cost to the County. PREVENTIVE MAINTENANCE RECORD 1. The Contractor shall provide the County with a Preventive Maintenance checklist for each location, and each unit listed on the bid sheets. The checklist should include all items, locations specified in on bid sheets and indicate date inspects are made. BID REQUEST #B21 00059 Page 11 2. After each maintenance routine the Contractor will provide County with a written report describing the condition of the UPS system including the related battery system, corrective maintenance performed and recommendations. 3. In addition, a copy of the signed checklist should be provided to the County at the time completing the maintenance service and a copy retained by the Contractor for his records. The inspection checklist must be signed by the Director of Buildings & Grounds or designee at each location. Failure to have the checklist signed may cause payment for services to be delayed. PREVENTIVE MAINTENANCE SCHEDULE 1. Preventive Maintenance will be performed twice a year on each system unless otherwise noted on the bid sheets. The maintenance shall be scheduled to allow the maximum amount of time reasonable between services. 2. At the time of maintenance, the Contractor agrees to make such mechanical adjustments and minor repairs to the UPS system which is necessary for the proper operation of the equipment. 3. Only new parts or refurbished parts, certified and warranted as new and are equal or better quality shall be used for maintenance or repairs. PREVENTIVE MAINTENANCE FOR UPS SYSTEMS All services are to be performed either during normal on-line operation with no damage to the UPS's operation condition and the critical load, or during off-line operation, in the bypass mode. Preventive maintenance shall include, but nt limited to the following items: 1. inspect UPS and battery bank for general appearance and cleanliness. Vacuum out any dust or dirt which may have accumulated as a result of fan ventilation. 2. Check ventilation fan for proper operation and any indication of impending failure. Ensure that air flow, through the heat sink assembly is unobstructed. Ensure that temperature inside unit is within allowable limits. 3. Check battery charging circuits for proper operation, voltage and current readings. 4. Test each battery for proper voltage and signs of overheating. Perform battery load test if there are any indications of low voltage or overheating. 5. Perform all engineering changes. 6. Check all battery connections for tightness and corrosion. Clean corroded terminals and reassemble with corrosion preventive. Torque terminal bolts and nuts to proper value. 7. Inspect all printed circuit board connections for cleanliness and swab contacts. 8. Inspect all power connections for signs of overheating and inspect all subassemblies, bridges and legs for signs of component defects or stress. 9. Inspect all DC and AC capacitors for signs of leakage. 10. Verify DC filter capacitance and AC tank and trap filter capacitance. 11. Perform generator and interface verification. 12. Adjust all panel meters to measured values. 13. Check ambient temperature of UPS area and check the condition of ventilating equipment. 14. Clean control panels, UPS power modules and UPS area. 15. Replace all air filters. 16. Replace all burned out monitor bulbs. 17. Replace power module power supply backup control battery cells where needed. 18. Perform a static switch test. Check and correct any problems causing high temperatures on breakers, connections and associated equipment. 19. Perform inverter test procedure and indicate measurements are within acceptable limits. 20. Perform operational load test by removing AC input to the unit. Ensure that output voltage, current and frequency measurements are within acceptable limits. 21. Test manual and UV transfer and verify uninterrupted transfer waveform. 22. Perform outage simulation and battery capability and verify charger current limit. 23. Perform lamp test on local and remote panels. 24. On completion of each inspection, a written report on the findings of the inspection will be submitted to the Director of Buildings & Grounds. 25. System Input Voltages (all phases). 26. System Input Currents (all phases).\ 27. DC Charging Voltage (float operation), record setting adjust to nominal if necessary. 28. Inverter Output Voltage (all phases), record settings. 29. Inverter Output Currents (all phases). 30. Adjust panel meters to measured values. ra-.n.,».nn.s.. BID REQUEST #B2100059 Page 12 31. Rectifier and Inverter phase on and walk up 32. System Bypass Voltages (all phases) . 33. Manual and UN Transfer Testing, verify uninterrupted transfer waveform. 34. Generator operation and interface verification. 35. DC Ground Detection Offset. 36. Inverter leg average balance. 37. Output filter current average phase balance. 38. Rectifier bridge current average leg balance. 39. DC Protection settings and operation 40. Input and Output Frequency and Voltage Bandwidth settings 41. Power Supply voltages and 'waveforms 42. UPS area ambient temperature and condition of ventilating equipment. General Cleanliness of UPS Power Modules (e.g. General Cleanliness of UPS area, Clean or replace all air filters, Clean control panels, etc.) 43. Alarm test — local and remote panels. 44. Replace all burned -out bulbs. 45. On completion of each inspection, a written report on the findings of the inspection will be submitted to the Director of Buildings & Grounds. BATTERY SYSTEM MAINTENANCE Preventive Maintenance will be performed in accordance with the schedule of activities listed bid. The maintenance shall be scheduled to allow the maximum amount of time reasonable between services. Maintenance for battery system shall include but not be limited to the tasks listed below: 1. Measure and record individual cel float potentials and the total battery terminal voltage. 2. Batteries in trays should be removed from the cabinet and each unit load tested applying 2 times its 100 -ampere hour rating 10 seconds and record cell voltage at the end of test period. 3. Measure and record ambient temperature of the top and bottom row of each battery cabinet. 4. Measure and record all of the inter-cell/unit connector and battery cable contact resistance to verify that connection resistance is within 20 percent of the average optimum contact resistance determined for the particular battery per manufacturer's guidelines. This is not applicable units with spade terminals. 5. Visually inspect conditions and appearance of connection terminals, inter-cell/unit connectors, cables and associated hardware. 6. Visually inspect conditions and appearance of cell/unit covers, containers and post seals. 7. Visually inspect conditions and appearance of battery racks or cabinets and associated components and hardware. Clean all accessible surfaces. 8. Spot check torque on battery rack frames, rails, braces and be rods. 9. Re -torque all battery connections found to be beyond acceptable contact resistance values. Connection resistance remaining above acceptable limits should be analyzed to determine the effect of the increased resistance on connection integrity and corrected as indicated. 10. inspect and adjust float and equalize voltage settings and adjust operation of output current and voltage meters. 11. Inspect area for safety equipment and check warning/hazard land operation information placards. 12. Check battery system area ambient temperature and condition of ventilating equipment. 13. Clean battery system area. 14. Inspect all DC connections for abnormalities and correct if necessary. 15. Inspect all battery cells for deformity and vents for abnormalities and correct or report any problems to the Buildings & Grounds.. 16. Record temperature of cells. Measure and record all individual cell and string float voltages. 17. Clean all external vent areas, terminals and racks. 18. Provide an analysis (spreadsheets, graphs, etc.) and furnish a maintenance report. In the report describe the condition of the batteries needing replacement. BATTERY REPLACEMENT At various times during the length of the contract, the County may require the routine replacement of batteries for one or more of the UPS units covered under this contract. The County requires the batteries to be replaced every 3 to 5 years. The table below shows the due date at the 4 -year point In addition, it shall be the responsibility of the awarded Contractor to notify the County when battery replacement is necessary as determined by the routine battery system maintenance and inspections. Documentation will accompany the recommendation to indicate the projected life expectancy of battery life cycles. - ,Y.. BID REQUEST #B2100059 Page 13 Vendor shall be responsible for providing the batteries on a "pass thru" invoicing basis. Vendor shall be responsible for all labor and any miscellaneous parts to provide and install new batteries. Contractor shall be responsible for the removal and disposal of old batteries. CAPACITOR/FAN REPLACEMENT At various times during the length of the contract, the County may require the routine relacement of capacitors and fans for one or more of the UPS units covered under this contract. The County requires the caoa.citors and fans to be replaced every 5 to 7 ye;.3rs. . he table below shows the due date at the 6 -year point. In addition, it shall be the responsibility of the awarded Contractor to notify the County when capacit.•,r and/or fan replacement is necessary as determined by the routine system maintenance and inspections. Documentation will accompany the recommendation to indicate the projected fife expectancy of capacitor life cycles Vendor shall be responsible for providing the capacitors and fans on a "pass thru" invoicing basis. Vendor shall be responsible for all labor and any miscellaneous parts to provide and install new capacitors. Contractor shall be responsible for the removal and disposal of old capacitors. TRAINING At the Contractor's cost, the Contractor is to provide documented UPS/Battery Bank Training to Buildings & Grounds service technicians or other qualified maintenance personnel responsible for the daily operation of the PDU's. Training is to include Electrical Safety Training and Lock Out/Tag out Instructions. Training is to be at date(s) and time mutually agreed to by all parties. SCHEDULE OF INSP CTION/PREVENTA IVE MAINTENANCE 1. UPS Equipment - Contractor agrees to provide inspection/preventative maintenance one (1) to two (2) times per year in accordance with the schedule of activities listed in this bid. 2. Battery Banks - Contractor agrees to provide preventative maintenance two (2) to four (4) times per year in accordance with the schedule of activities listed in this bid. PAYMENT 1. Vendor must have proper purchase order prior to performing any maintenance. After completion of all Preventive BliAntenance, Contractor should invoice the County as per the charge specified on the bid sheets. Contractor's invoices must have the purchase order number. 2. A copy of the inspection report must be given to the Director of Buildings & Grounds before any invoice for maintenance will be processed for payment. 3. Payment for batteries, repair parts and materials not included in the preventive maintenance charge will be paid at Contractor's cost. The cost for these items will be a "pass thru", i.e. The Contractor shall charge the County the same invoice prices he/she is charged by his/her suppliers. A copy of the Contractor's invoice(s) from their supplier for such parts and materials shall be submitted with the Contractor's invoice for payment. In cases where the Contractor manufactures their own parts, the contractor will charge the County a price no higher than what they charge their most favored customer. The County reserves the right to request verification. ADDITION/DELETION OF UNITS 1. The County reserves the right to add units to this contract as such systems may be installed. Units to be added may result from, but are not limited to, expansions or additions to existing facilities and acquisition or construction of new properties. In such events, the vender shall provide the County with a price for the preventive maintenance and repairs of the new unit based upon a procedure or formula which is the same or very similar to that used in establishing the prices as contained in the vendor's bid. Units may be added to the contract at a price mutually acceptable to both the County and the Vendor. if the price offered is not acceptable to the County, and the matter cannot be resolved to the satisfaction of the County, the County reserves the right to procure preventive maintenance and repairs of the new unit from other vendors. BID REQUEST #B2100059 Page 14 2. The County reserves the right to delete units from this contract in the event they are no longer used or removed, or as deemed in the best interest of the County. In such events, contract prices will not be adjusted. No guarantee is expressed or implied as to the total quantity of commodities/services to be purchased under any open end contract. TERMINATION OF PARTICULAR LOCATIONS: In the event the County shall sell, vacate, abandon, or otherwise dispose of or terminate a location to which this contract applies, all existing contracts or agreements or services pplicable to such location, the portion of this contract that applies to such location is so terminated. The County shall give the Contractor written notice of such termination of locatic ns a minimum of thirty (30) days in advance. NATURAL DISASTER RECOVERY In the event of a natura0 d saster, it shall be the responsibility of the Contractor to immediately make arrangements with Director of Buildings & Grounds to inspect and determine if equipment is operational and/or mace any recommendations necessary to make sure equipment is fully operational. If there is no power at the site, it shall be the responsibility of the Contractor to make sure the equipment will be operational and/or will not cause additional damage ivhen power is restored. Provide the proposed cos' in the table below. 1. Provide costs for the preventative maintenance and repairs detailed is the base bid. This bid is from March 1, 2021 until February 28, 2022. 2. Provide the cost for the battery replacement. Exclude the cost of the batteries themselves that will be billed at the pass -through rate. 3. Provide the cost of the capacitor & fan replacement. Exclude the cost of the capacitor & fans themselves that will be billed at the pass -through rate. Building Name Centennia Center Centennial Center 4,4 141•0•144.11.3teellie _ Law Admin Address 915 10th Street, G ree ley Model # SYCF40KF 915 10th 37SAo5OC006E44O Street, Greeley 1950 °- Street, Greeley _ Law Admin 11953 0 - Street, Greeley North Jail 2 East. North Jail West North Jail 1 East 2113 ()- Street, Greeley 37SAO6SAOC6EAO2 SYCF100KF SYASK1GP R 2110 O- 37SA030A0C6E563 Street; Greeley BID REQUEST #B2 100059 SYASK1EPXR Preventative Maintenance Cost Battery Replacement Cost Sae Capacitor & Fan Replacement Cost Page 15 1551 N. 17th Ave/ Greeley This contract may be renewed for three additional one-year increments. Please identify the escalation cost percentage for each subsequent year renewal. A re -bid conference will be held on SU '�) SEQUENT YEAR ESCALATION February 3® 2021 at 1:00 PM a be adhering to current state social distancing guidelines, at 1105 H Street, Greeley, CO 80631. We Bids will be received for the above stated equipment up to, but not later than: 11:00 AM on February < 7°'g e .SyZI ^t 'i i� . 1 � bid a ° S '1 ° r � � i p (Weld County Purchasin Time Clock). Due to C � D=19 the bid opening �UU0 be he via P /C S' S B I 2-- —.+rte r :w..+nme Y bHsl oVd IH Teams Conference C To joh ; 00 the phone number and enter the Conference I! provide below : Ph ne Nun ber: (720) 439-5261 Conference OD: 897769141 Please n to that due to C Vi egg the following changes have been unthO future notice: i a :e to our current bid process 1. No hard copies of bids will be accepted. 2. Only one electronic copy of your bid is needed. PDF f r at is reuired3 3. Email bids to bids weld„ ec�. If your bid exceeds 25MB please upload your bid to htt s:!!w w.bi netd re 4xom1. The maximum file size to upload to BidNet is 500 MB. -- - BID REQUEST #B2100059 Page 16 The undersigned, by his or her signature, hereby acknowledges and represents that: The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B2100059. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted; all of the documents of the Request for Proposal contained herein (including, but not limited to, product specif cations and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM BUSINESS ADDRESS CITY, STATE, ZIP CODE TELEPHONE NO FAX TAX ID # PRINTED NAME AND TITLE _ SIGNATURE E-MAIL DATE **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-0355140000. YOU DO NOT NEED TO SEND BACK PAGES 1 — 8e ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Steve Moreno, Chair BID REQUEST #B2100059 APPROVED AS TO SUBSTANCE Elected Official or Department Head Controller/Purchasing Director Page 17 ADDENDUMfiti BID REQUEST NO. B2100059 UPS PREVENTATIVE MAINTENANCE AND REPAIRS The bid due date has been extended to February 12, 2021. Amend date on page 1 as follows: Bids will be received for the above stated equipment up to, but not later than: 11:00 AM on February 12, 2021 (Weld County Purchasing Time Clock). n ue to OV1D499 the bid peni.ng will be held via a Microsoft Teams ConfereConference Cal o To join, call the phone number and enter the Conference ID provide be ow: Phone Number: (720) 439-5261 Conference tDo 897769141 The tabulation price sheet was missing two line -items. Amend tabulation sheet as follows: Building Name Address I Centennial 915 10th Center Street, Greeley _ Centennial Center Law Admin Law Admin 915 10th Street, Creep 1950O- Str-eet, Greele Model Preventative Maintenance Cost Battery Replacement Cost Capacitor & Fan Replacement Cost SYCF40KF 37SAO50C0C6 E440 37SA065A006E A02 1950 0 - Street, Greeley SYCFIQ0KF North Jail 2110 O- 2 East. Street, Greeley S YA8K 16PXR North Jail West North Jail 1 East 1551 Building 2110O - Street, Greeley 21:0O - Street, Greeley 1551 N. 17th Aye, Greeley 37SA030A006E 563 SY.A8K 16PXR NRD90CCSA0 A1077 North Jail 1 West Master Control 2110O Street SBP16KP Weld County 35th Tower 3105 35th Ave, Greeley NXB 30 $ $ $ Weld County 35th Tower 3105 35th Ave, Greeley NRD9QCCSAOA3 426 $ $ $ Total $ $ $ This contract may be renewed for three additional one-year increments. Please identify the escalation cost percentage for each subsequent year renewal. SUBSEQUENT YEAR ESCALATION ***We need si-+ned copy on file with your bid. Thank You!*** Addendum received by: FIRM ADDRESS CITY AND STATE BY EMAIL February 10, 2021 Exhibit B The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B2100059. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right b reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM DC Group, Inc. BUSINESS ADDRESS 1977 West River Road N CITY, STATE, ZIP CODE Minneapolis, Minnesota 55411 TELEPHONE NO (612) 238-0021 FAX (612) 235-3131 PRINTED NAME AND TITL€`CollinRuke, Contracts Manager SIGNATURE, E-MAIL BrandonMeyer@DC-Group_com TAX ID # 41-0957854 DATE 2/10/2021 **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1-8. ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Steve Moreno, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller/Purchasing Director BID REQUEST #82100059 Page 17 ADDENDUM#1 BID REQUEST NO. B2100059 UPS PREVENTATIVE MAINTENANCE AND REPAIRS The bid due date has been extended to February 12, 2021. Amend date on page 1 as follows: Bids will be received for the above stated equipment up to, but not later than: 11:00 AM on February 12, 2021 (Weld County Purchasing Time Clock). Due to COVID-19, the bid opening will be held via a Microsoft Teams Conference Call. To join, call the phone number and enter the Conference ID provide below: Phone Number: (720) 439-5261 Conference ID: 897769141 The tabulation price sheet was missing two line -items. Amend tabulation sheet as follows: Building Name Address Model # Preventative Maintenance Cost Battery Replacement Cost Capacitor & Fan Replacement Cost Centennial Center 915 10th Street, Greeley SYCF40KF $ 2,300.00 $4,900 00 $ n/a Centennial Center 915 10th Street, Greeley 37SAO50C0C6 E440 $2,300.00 $4,700.00 $5,100.00 Law Admin 1950 O- Street, Greeley 37SA065A0C6E A02 $2,300.00 $3,100.00 $4,900.00 Law Admin 1950 O- Street, Greeley SYCF I00KF $2,800 00 $ 5,500.00 $ n/a North Jail 2 East. 2110 O- Street, Greeley SYA8K16PXR $1,400.00 $ 3,600.00 $ n/a North Jail West 2110 O- Street, Greeley 37SA030A0C6E 563 $1,900 00 $ 3,100.00 $ 4,600.00 North Jail 1 East 2110 O- Street, Greeley SYA8K16PXR $1,400.00 $ 3,600.00 $ n/a 1551 Building 1551 N. 17th Ave, Greeley NRD90CCSA0 A1077 $ 2,800.00 $2,700.00 $ n/a North Jail 1 West Master Control 2110 O Street SBPI6KP $ 800 00 $ n/a $ n/a Weld County 35th Tower 3105 35th Ave, Greeley NXB 30 $ $1,900.00 $ $2,700.00 $ $4,200.00 Weld 3105 35th NRD90CCSAOA3 County Ave, 426 $ $ $ 35th Greeley $2,300.00 $2,800.00 n/a Tower Total $ 22,200.00 $ 36,700.00 $18,800.00 This contract may be renewed for three additional one-year increments. Please identify the escalation cost percentage for each subsequent year renewal. SUBSEQUENT YEAR ESCALATION * * * We need signed copy on file with your bid. Thank You!*** Addendum received by: February 10, 2021 DC Group, Inc. FIRM 1977 West River Road N ADDRESS Minneapolis, MN 55411 CITY AND STATE Brandon.Meyer@DC-Group.com EMAIL 3 VilrForm •9 (Rev. October 2016) lispetemmtetthe easury M Aare u Service Request for Taxpayer identification Number and Certification ► Go to www.irs.gov/FormW9 for instructions and the latest information. Give Form to the requester. Do not send to the IRS. ed 0 b I 1 Name (as shown on your moons tax return). Nome Is required on this Ins; do not leave tie Ina blink. DC Group, Inc. Business name imgsided archly name. If different from above 3 Chock appropriate box for federal tax classification of the parson whose name le entered on fine 1. Check only one of the following seven boxes. ❑ IndMNdusVsolaproprietor or angle -member LLC ❑ limited liability company. Enter the tax classification (C=C corporation, 3=S corporation. P=Pannership) ► Notsr Chock the appropriate box in the lino above for the lax classification of the single-membor owner. Do not Brock LLC If the LLC Is classified as a single -member LLC that Is disregarded from the owner unless tho owner of the LLC l. another LLC that Is not disregarded from the owner for U.S. federal tax purposes. Otherwise. a single -member LLC fist is dieregardad from the owner should check the appropriate box for the tax classification of Its owner. ❑ Other (saw hlatnictionr) O C Corporation 0 S Corporation O Partnership O Trust/estate 5 Address Humber. street, and apt. or suite no.) See Instructions. 1977 West River Rd N 0 City, shte. end ZIP code Minneapolis, MN 55411 T Lfet aoeiiart number(s) titers (optional 4 Exemptions (codes apply only to certain entitles, not individuals: see kketructione on page 3): Exempt payee code (if any) Exemption from FATCA reporting cods II any) rove m maws nrrb Me usj Requester's name end address toptbniq Part Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individulds, this is generally your social security number (SSN). However, for e resident alien, sole proprietor, or disregarded entity, see the Instructions for Part I, later. For other entitles, it is your employer Identification number (EIN). If you do not have a number, see How to get a 77N, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. hoed siaaity number or 1 0 9 5 r Part II certification Under penalties of perjury, I certify that 1. The number shown on this form is my correct taxpayer Identification number (or 1 am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that 1 am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA coda(s) entered on this form (If any) indicating that I am exempt from FATCA reporting is correct. Certification Instructions. You must cross out Item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions, Item 2 does not apply. For mortgage Interest paid, acquisition or abandonment of secured properly, cancellation of debt. contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN, See the instruction for Part II, later. Sign Hera Signature of U.S. person k• i .pt,.o caws- 01194i Z0 2-t General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and Its instructions, such as legislation enacted after they were published, go to wtvw.irs.gov/FonnW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an Information return with the IRS must obtain your correct taxpayer Identification number (TIM which may be your social security number (SSW), Individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer Identification number (EIN). to report CO an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT Interest earned or paid) • Form 1099-DIV (dividends, Including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-6 (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1095-E (student oxen Interest), 1098-1 (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you area U.S. person including a resident alien), to provide your correct TIN. H you do not return Form W-9 to the requester with a TiN, you might be subject to backup withholding. See What is backup withholding, tater. Cat. No. 10231X Form W-9 (Rev. 10-2018) AC Q� CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 04/15/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms aid conditions of the po icy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER North Risk Partners 2010 Centre Pointe Blvd. Mendota Heights MN 55120 CONTACT Lisa Spanjers NAME: (AHC No, Ext): (651) 379-7800 I FAX No): (651) 379-7801 E-MAIL lisa.spanjers@northriskpartners.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Phoenix Insurance Co. 25623 INSURED DC Group, Inc. 1977 W River Road N Minneapolis MN 55411 INSURER B : Travelers Property Casualty Co of America 25674 INSURER C : Travelers Casualty & Surety Company of America 31194 INSURER D : INSURER E : INSURERF: COVERAGES CERTIFICATE NUMBER: 20-21 Master incl Crime REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLISUBR INSD WVD POLICY NUMBER POLICY EFF (MM/DDIYYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 6303J971980 05/01/2020 05/01/2021 EACH OCCURRENCE $ 1000000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 300,000 J CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 X Incl contractual liability GENERALAGGREGATE $ 2,000,000 GEN'L AGGREGATE X LIMIT APPLIES PROCT J E X P PER: LOC PRODUCTS-COMP/OPAGG $ 2,000,000 $ B AUTOMOBILE X X - LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY X SCHEDULED AUTOS NON -OWNED AUTOS ONLY 8109M245388 05/01/2020 05/01/2021 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ B X UMBRELLA LIAB EXCESSLIAB X OCCUR CLAIMS-IIIADE CUP4J104789 05/01/2020 05/01/2021 EACH OCCURRENCE $ 20,000,000 AGGREGATE $ 20,000,000 $ DED I XI RETENTION $ 10,000 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below VIN N N/A U63J995387 05/01/2020 05/01/2021 XI STATUTE I I EOTH E.L. EACH ACCIDENT 1000 $ '000 , E.L. DISEASE- EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1000,000 $ , C Crime -3rd Party -$10K Ded Stop Gap Liab-OH,WA,ND,WY 166727680 05/01/2020 05/01/2021 Crime Single Loss Limit Stop Gap #UB3J995387 EaAcc//BI Dis-EE/Limit 3,000,000 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACZIRD 101, Additional Remarks Schedule, may be attached if more space is required) Weld County is included as additional insured on the general and auto liability when required by written contract. Waiver of subrogation applies in favor of all additional insureds in regards to general liabililty, auto liability and workers compensation when required by written contract. CERTIFICATE HOLDER CANCELLATION Weld County 1150 O Street Greeley CO 80631 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Contract Request Entity Information Entity Name* DC GROUP INC Contract Name* UPS MAINTENANCE & REPAIRS Contract Status CTB REVIEW Contract Description* PREVENTATIVE MAINTENANCE & REPAIRS Contract Description 2 Contract Type CONTRACT Amount* $22,200.00 Renewable YES Automatic Renewal Entity ID* "00043490 Department BUILDINGS AND GROUNDS Department Email CM- BuildingGrounds@weldgov.c sm Department Head Email CM-BuildingGrounds- DeptHead reldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYA I I ORNEY IiELDG OV.COM If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID ❑ New Entity? Contract ID 4656 Contract Lead* SGEESAMAN Contract Lead Email sgeesamanco.weld.co.us Requested BOCC Agenda Date* 04,21/2021 Parent Contract ID Requires Board Approval YES Department Project # Due Date 04/17/2021 Will a work session with BOCC be required?* ND Does Contract require Purchasing Dept. to be included? YES Bid/RFP #* 62100059 Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in Ongase Contract Dates Effective Date Review Date* 04/042022 Renewal Date 04:25`2022 Termination Notice Period Committed Delivery Date Expiration Date Contact Information Contact Info Contact Name Purchasing Purchasing Approver ROB TURF Approval Process Department Head TOBY TAYLOR DH Approved Date 04,16 2021 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 05i03r`2021 Originator SGEESAMAN Contact Type Contact Email Finance Approver BARB CONNOLLY Contact Phone 1 Purchasing Approved Date 04,'272`2021 Finance Approved Date 04:19.2021 Tyler Ref AG 050321 Legal Counsel BOB CHOATE Contact Phone 2 Legal Counsel Approved Date 04'19%2021 FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 April 5, 2021 To: Board of County Commissioners From: Toby Taylor Subject: UPS Preventative Maintenance & Repairs Bid; B2100059 As advertised this bid is for Uninterruptable Power Supply preventative maintenance. In addition, pricing was requested for forecasted battery, capacitor, and fan replacements. The following overall compilation of fees were detailed within the bids: Company Preventative Battery Capacitor Total Eola Power 24,630.00 10,850.00 17,800.00 53,280.00 Millennium 29,440.00 15,855.00 13,120.00 58,415.00 Weissco Power 27,005.00 24,750.00 24,750.00 76,505.00 DC Group Inc 22,200.00 36,700.00 18,800.00 77,700.00 United Power 37,950.00 20,350.00 20,350.00 78,650.00 Computer sites 52,954.00 18,296.00 26,527.00 97,777.00 Battery Systems 26,475.00 99,497.00 18,778.00 144,750.00 Originally this bid was awarded to the low bidder: Eola Power. During the contracting phase, it was discovered that Eola Power misrepresented that their company had employees located in Colorado. It was discovered that Eola Power dispatches personnel through air flights to locations around the United States and uses third party vendors that may or may not be located in Colorado. This business approach does not meet the bid requirements of a company being able to respond to repairs in no longer than 4 hours. The second low bidder is Millennium UPS. And the third low bidder is Weissco Power. Both of these 09107 Qoal-oy(Di eGooa3 vendors indicate they have a similar approach of using third party vendors that may or may not be located in Colorado. The fourth low bid is DC Group Inc. They have employees in Colorado and have confirmed addresses/locations. They state that they can meet the 4 -hour maximum timeline to respond to emergency repairs for UPS that support Data Center operations. Therefore, the Facilities Department is recommending approval of this bid to DC Group Inc for the annual fee of $22,200.00 for the annual preventative maintenance. In addition, the recommendation includes battery replacements at $36,700.00 and Capacitor & Fan Replacements at $18,800.00. These items will be scheduled independently as the end of life cycle for these items approaches. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: UPS Maintenance — Retract Bid Award DEPARTMENT: Facilities DATE: 3-29-2021 PERSON REQUESTING: Toby Taylor Brief description of the problem/issue: The bid for maintenance on the County's Uninterruptable Power Supplies (UPS) was awarded to the low bidder: Eola Power. During the contracting phase, it was discovered that Eola Power misrepresented that their company had employees located in Colorado. It was discovered that Eola Power dispatches personnel through air flights to locations around the United States and uses third party vendors that may or may not be located in Colorado. This business approach does not meet the bid requirements of a company being able to respond to repairs in no longer than 4 hours. The second low bidder is Millennium UPS. And the third low bidder is Weissco Power. Both of these vendors indicate they have a similar approach of using third party vendors that may or may not be located in Colorado. The fourth low bid is DC Group Inc. They have employees in Colorado and have confirmed addresses/locations. They state that they can meet the 4 -hour maximum timeline to respond to emergency repairs for UPS that support Data Center operations. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. Continue to contract with a company that misrepresented their response capabilities. 2. Rescind the bid award. Then award to the low bidder which meets the specifications. Recommendation: Recommendation is: Rescind the bid award. Then award to the low bidder which meets the specifications (DC Group Inc) at an upcoming BOCC Meeting. Approve Recommendation Perry L. Buck Mike Freeman Scott K. James, Pro -Tern Steve Moreno, Chair Lori Saine Schedule Work Session Other/Comments: FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 March 2, 2021 To: Board of County Commissioners From: Toby Taylor Subject: UPS Preventative Maintenance & Repairs Bid; B2100059 As advertised this bid is for Uninterruptable Power Supply preventative maintenance. In addition, pricing was requested for forecasted battery, capacitor, and fan replacements. The following overall compilation of fees were detailed within the bids: Company Preventative Battery Capacitor Total Eola Power 24,630.00 10,850.00 17,800.00 53,280.00 Millennium 29,440.00 15,855.00 13,120.00 58,415.00 Weissco Power 27,005.00 24,750.00 24,750.00 76,505.00 DC Group Inc 22,200.00 36,700.00 18,800.00 77,700.00 United Power 37,950.00 20,350.00 20,350.00 78,650.00 Computer sites 52,954.00 18,296.00 26,527.00 97,777.00 Battery Systems 26,475.00 99,497.00 18,778.00 144,750.00 The low bid is Eola Power LLC and meets specifications. Therefore, Facilities Department is recommending approval of this bid for the annual fee of $24,630.00 for preventative maintenance. In addition, the recommendation includes battery replacements at $10,850.00 and Capacitor & Fan Replacements at $17,800.00. These items will be scheduled independently as the end of life cycle for these items approaches. 0347 If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 March 2, 2021 To: Board of County Commissioners From: Toby Taylor Subject: UPS Preventative Maintenance & Repairs Bid; B2100059 As advertised this bid is for Uninterruptable Power Supply preventative maintenance and repairs. Facilities Department is requesting the approval be extended until March 10, 2021 If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director 0,2a02/-. D / '6C1ooa3 DATE OF BID: FEBRUARY 12, 2021 REQUEST FOR: UPS PREVENTATIVE MAINT & REPAIRS DEPARTMENT: FACILITIES DEPT BID NO: #B2100059 PRESENT DATE: FEBRUARY 17, 2021 APPROVAL DATE: MARCH 3, 2021 VENDOR COMPUTER SITES INC 1225 SOUTH HURON ST. DENVER, CO 80223 DC GROUP INC 1977 WEST RIVER ROAD N MINNEAPOLIS, MN, 55411 EOLA POWER LLC 8782 NW 18TH TER. DORAL, FL 33172 MILLENNIUM UPS LLC 11251 SIERRA AVE STE 2E630 FONTANTA, CA 92337 BATTERY SYSTEMS LLC 2136 CITY GATE LN STE 300 NAPERVILLE, IL 60563 UNITED POWER & BATTERY 6833 JOYCE ST ARVADA, CO 80002 WELD COUNTY PURCHASING 1150 O Street Room #107, Greeley CO 80631 E-mail: reverett(a�weldgov.com E-mail: cmpetersweldgov.com E-mail: rturf(a�weldgov.com Phone: (970) 400-4222, 4223 or 4216 Fax: (970) 336-7226 SUBSEQUENT PREVENTATIVE BATTERY CAPACITOR & FAN YEAR MAINT. REPLACEMENT REPLACEMENT ESCALATION $52,954.00 $18,296.00 $26,527.00 $22,200.00 $36,700.00 $18,800.00 $24,630.00 $10,850.00 $17,800.00 $29,440.00 $ VARIES $13,120.00 $26,475.00 $99,497.00 $18,778.00 $37,950.00 $20,350.00 $20,350.00 3% 3°/0 2% 30/0 0% 0% a0a1-0410 -bb DCa3 PAGE 2 DATE OF BID: FEBRUARY 12, 2021 REQUEST FOR: UPS PREVENTATIVE MAINT & REPAIRS DEPARTMENT: FACILITIES DEPT BID NO: #B2100059 PRESENT DATE: FEBRUARY 17, 2021 APPROVAL DATE: MARCH 3, 2021 VENDOR WEISSCO POWER LLC 516 RT 513 PO BOX 223 CALIFON, NJ 07830 SUPPORTEK, INC 230 YUMA STREET DENVER, CO 80223 PREVENTATIVE MAINT. $27,005.00 BATTERY REPLACEMENT $24,750.00 NON -RESPONSIVE BID THE FACILITIES DEPARTMENT WILL REVIEW THE BIDS. CAPACITOR & FAN REPLACEMENT $24,750.00 SUBSEQUENT YEAR ESCALATION 1% Hello