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Home My WebLink About20241966.tiffCon+rac+=D*8'Co9O SERVICE AGREEMENT BETWEEN WELD COUNTY AND JOHNSON CONTROLS INC. +h THIS AGREEMENT is made and entered into this. day of 3e.P+embcr, 2024, by and between the Board of Weld County Commissioners, on behalf of The Facilities Department, hereinafter referred to as "County," and Johnson Controls Inc., hereinafter referred to as "Contractor". WHEREAS, County requires an independent contractor to perform the services required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing and has the specific ability to perform the required services at or below the cost set forth in the attached Exhibits; and 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 the attached Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall based upon order of attachment. Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No. B2400109 Exhibit B consists of Contractor's Response to County's Request. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of Work 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 mutual execution of this Agreement, and ends one year later. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements Cone -n+ Ac e nda. O9/1(O/39 cc, 9/ice/ate aoay- 19CoCo ( ooco which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Due to the time needed for County to procure replacement services, Contractor may terminate this Agreement for its own convenience upon ninety (90) days written notice to County. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. 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 completed or partially completed Work 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 Amendment. 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. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay Contractor an amount not to exceed $100,715.00 as set forth in the Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. 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. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). 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). 2 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 (including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. 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 the Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, 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 Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Warranty. Contractor warrants that the Work 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 Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. 10. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the project. 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, and County's action or inaction when any such breach or default exists shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 11. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the 3 Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. Types of Insurance. Workers' Compensation /Employer's Liability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment. The 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 including public liability and property damage, covering all operations required by the Work. Such policy shall include minimum limits as follows: $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal injury $5,000; Medical payment per person. Automobile Liability Insurance: Contractor 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. Proof of Insurance. Upon County's request, Contractor shall provide to County a certificate of insurance, a policy, or other proof of insurance as determined in County's sole discretion. County may require Contractor to provide a certificate of insurance naming Weld County, its elected officials, and its employees as an additional named insured. Subcontractor Insurance. Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. No limitation of Liability. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. 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 by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor 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 Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. 4 12. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against any and all injury, loss, damage, liability, suits, actions, claims, or willful acts or omissions of any type or character arising out of the Work done in fulfillment of the terms of this Agreement 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, judicial decision, or other 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. It is agreed that the Contractor 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 Contractor 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 Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. 13. 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. 14. 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. Contractor agrees to maintain these documents for three years from the date of the last payment received. 15. 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. 16. Notices. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required and received by the sending party; or 5 Either party may change its notice address(es) by written notice to the other. Notice may be sent to: TO CONTRACTOR: Name: Chance Hixon Position: HVAC Sales Engineer Address: 2600 Old Happy Jack Rd Address: Cheyenne, Wy 82001 E-mail: chance.hixon@jci.com Phone: 307-256-3914 TO COUNTY: Name: Curtis Naibauer Position: Interim Facilities Director Address: 1105 H Street Address: Greeley, CO 80632 E-mail: cnaibauer@weld.gov Phone: 970-400-2027 17. 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. 18. 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. 19. 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. 20. 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. 21. 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. 22. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including, 6 without limitation, the warranties, indemnification obligations, confidentiality and record keeping requirements) shall survive any such expiration or termination. 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 Agreement shall be construed or interpreted as a waiver, express or implied, of any of 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. 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. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement. 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. 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 this Agreement knowingly employs or contracts with an illegal alien, Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall 7 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 by the Colorado Department of Labor and Employment. Contractor shall, within twenty days after hiring a 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 the other requirements of federal or state law. If Contractor fails to comply with any requirement of this provision, 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, 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 federal or state law, and (c) shall produce one of the forms of identification required by federal law prior to the effective date of the contract. 29. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 30. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. 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, 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. 8 CONTRACTOR: Johnson Controls In By: Name: Title: cott JOnes GM Date of Signature WELD COUN ATTEST' ,/., arA,AJ Weld oulity lerk to the Bo d BY: Deputy Clerk tot e Bo rd j 4,_ . \Perry L/. Buck, Pro-Tem BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 9 SEP 1 6 2024 pwo`�`T /9/-e, Exhibit A REQUEST FOR BID WELD COUNTY, COLORADO 1301 N. 17TH AVENUE GREELEY, CO 80631 DATE: JUNE 17, 2024 BID NUMBER: B2400109 DESCRIPTION: 1150 HVAC CONTROL UPGRADES DEPARTMENT: FACILITIES MANDATORY PRE -BID: JULY 2, 2024 BID OPENING DATE: JULY 16, 2024 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Controller (collectively referred to herein as, "Weld County"), wishes to purchase the following: 1150 HVAC CONTROL UPGRADES A mandatory pre -bid conference will be held on July 2, 2024 at 1:00 PM at Weld County Administration Building located at 1150 O Street, Greeley, CO 80631. Bidders must participate and record their presence at the pre -bid conference to be eligible to submit bids. Bids will be received until: July 16, 2024 at 10:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on July 16, 2024 at 10:30 AM. To join, call the phone number and enter the Conference ID provided below or you are invited to attend the bid opening in person at the Weld County Purchasing Conference Room, 1301 N. 17th Avenue, Greeley, CO 80631. Phone number: 720-439-5261 Phone Conference ID: 702 923 615# PAGES 1 - 8 OF THIS REQUEST FOR BIDS CONTAINS 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 Weld County to pay if awarded the bid. You can find information concerning this request on the BidNet Direct website at https://www.bidnetdirect.com/. 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. Bid Delivery to Weld County: A. PREFERRED: email bids to bids(a�weld.gov If your bid exceeds 25MB please upload your bid to https://www.bidnetdirect.com. The maximum file size to upload to BidNet Direct is 500 MB. If vendor does not desire email submission, sealed bids will be received at the Office of the Weld County Purchasing in the Weld County Building located at 1301 North 17th Avenue, Greeley, CO 80631 by the bid due date and time. B. 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 your bid is received. 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 name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the 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 who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Controller, satisfactory evidence of the authority of the officer signing in behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person 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 Bid Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid 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 for the premature opening of a bid not properly addressed and identified. Bids may be withdrawn upon written request to and approval of the Weld County Controller; 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. Bidders 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 preference 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. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), the successful bidder's response, 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. The County may require a separate contract, which if required, has been made a part of this RFB. 4. GENERAL PROVISIONS: A. 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 BID REQUEST #B2400109 Page 2 acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. Trade Secrets and other Confidential Information: Weld County discourages bidders from submitting confidential information, including trade secrets, that cannot be disclosed to the public. If n ecessary, confidential information of the bidder shall be transmitted separately from the main bid submittal, clearly denoting in red on 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 (CORA) with regard to public records, and cannot guarantee the confidentiality of all documents. The bidder is responsible for ensuring that all information contained within the confidential portion of the submittal is exempt from disclosure pursuant to C.R.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 of them may be withheld from disclosure pursuant to CORA, and disclose those portions staff determines are not protected from disclosure. Weld County staff will n ot be responsible for redacting or identifying Confidential information which is included 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 of 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 to the contract. Neither the successful bidder n or any agent or 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 shall 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 local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or u nderstanding, 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 matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: 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: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third -Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, 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 o r 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 u nder the contract shall be an incidental beneficiary only. BID REQUEST #B2400109 Page 3 H. Attorney's Fees/Legal 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 opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. 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 of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L. 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. M. 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 the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been u njustly 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. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall n ot 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. County shall have the right in its reasonable discretion to approve all personnel assigned 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 o bligation) 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. The bidder warrants that the 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 of all liens, encumbrances, and security interests. BID REQUEST #B2400109 Page 4 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. 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. R. 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. S. Employee Financial 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 not 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 having such known interests. During the term of this Agreement, the successful bidder shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful bidder to 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 family 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 funding to the successful bidder. T. 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 U. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. V. 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. 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. The 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 the BID REQUEST #B2400109 Page 5 County's delegated employee, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. X. Taxes: County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder 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. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. 6. INSURANCE REQUIREMENTS: Insurance and Indemnification. 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. 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 required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A" VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Controller by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or 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 Contract Professional. Contract Professional shall be responsible for the payment of any deductible or self - insured retention. County reserves the right to require Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect them from liabilities that might arise out of the performance of the work under this Contract by the Contract Professional, its agents, representatives, employees, or subcontractors. The Contract Professional shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contract Professional 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 Contract Professional shall maintain, at its own expense, any additional kinds or 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 Contract Professional stipulates that it has met the insurance requirements identified herein. The Contract Professional 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 Contract Professional and shall, without additional compensation, promptly remedy and correct any errors, o missions, or other deficiencies. INDEMNITY: The Contract Professional shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or willful acts or o missions of Contract Professional, 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 Contract Professional to conform to any statutes, ordinances, regulation, law or court decree. The Contract Professional 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, o r on account of or in consequence of neglect of the Contract Professional 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 Contract Professional will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of BID REQUEST #B2400109 Page 6 the award of this contract, the Contract Professional 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 Contract Professional 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 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 Contract Professional'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 Contract Professional or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contract Professional or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance shall include bodily injury, property damage, and liability assumed u nder the contract. $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal Advertising injury Automobile Liability: 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 o perating both on County property and elsewhere, for vehicles owned; hired, and non -owned vehicles used in the performance of this Contract. P rofessional Liability (Errors and Omissions Liability) The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contract Professional shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contract Professional warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Minimum Limits: Per Loss Aggregate $ 1,000,000 $ 2,000,000 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 o perations hereunder set forth in the related Bid. P roof of Insurance: County reserves the right to require the 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, Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contract Professional's insurer shall waive subrogation rights against County. BID REQUEST #B2400109 Page 7 Subcontractors: All subcontractors, independent Contract Professionals, 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 Contract Professional. Contract Professional shall include all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contract Professionals, 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. BID REQUEST #B2400109 Page 8 SCOPE OF WORK 1150 HVAC Control Upgrades P ROJECT OVERVIEW: Weld County is seeking bids for a turn -key lump sum price to replace the current HVAC control at 1150 O Street in Greeley, Colorado. METHOD OF PROCUREMENT: Request for Bid (RFB): is a procurement method often referred to as a sealed bid solicitation. When issued, the bid package is considered complete for bidding purposes. Responsiveness to the solicitation's terms and conditions are required. Incomplete or non -responsive bids will be eliminated from consideration. Low price is the key consideration by Weld County in awarding an RFB the contract. P ROJECT SCOPE: The scope of this project is for the complete replacement of the current out of date supervisory controller and zone controller hardware / software at 1150 O Street — Admin Building. This will include all scopes outlined in the provided documents, as well as all other associated scopes specified below. Project documents and specifications have been provided per the following attachment to this bid. This is a turn- key project which the contractor will be responsible for completing all extents of the project as outlined and specified in the project contract documents that have been provided as part of this bid request. These scopes shall be included in the bid price and construction schedule. This also includes all additions, alterations, engineering services, and new work required for a complete and code compliant finished product. It is the contractor's responsibility at the time of bid to ensure all project specifications and requirements have been considered and included in their bid submission. ATTACHMENTS: The attachments listed below will become part of this bid and are available on BidNet. Attachment A: Weld County Project Documents P ROJECT SPECIFIC TERMS AND CONDITIONS: 1 All equipment and materials shall be submitted and approved prior to commencement of work. 2. Contractor will be allowed to perform work during business hours based on the following requirements. All HVAC systems must be operational and any disruptive work to be performed afterhours. 3. Contractor is responsible for communicating with Trane to release control points for BACnet card. 4. Contractor is responsible for providing adjustable thermostats + / - 3 to 4 degrees if not compatible with the current systems. 5. Mechanical controls to be updated by a local Johnson Controls (MetaSys) or Setpoint (Delta Controls). 6. Contractor to provide a new supervisory controller with the following requirements. a. Metasys Supervisory Controller or Delta Controls (Total 1) i. Scheduling ii. Alarming iii. Trending iv. User interface for monitoring and adjustments b. Direct Control of VAV Boxes (Total 49) i. Furnish and install 1 new DDC controller with integrated actuator mounted at the VAV box. The below control devices are to be replaced during this project and wired back to BID REQUEST #B2400109 Page 9 the new controller. 1. Supply air damper actuator (integrated to the new controller) 2. Zone temperature sensor with display ii. Existing Control Devices (to remain and integrated with new controller) 1. Discharge air temperature 2. Supply airflow 3. Supply fan status 4. Supply fan command 5. Heating command 1 and 2 (where necessary) c. Direct Digital Control of Exhaust Fans (Total 2) i. Following Devices are to remain and be wired back to the new controller. 1. Exhaust Fan Start / Stop 2. Exhaust Fan Status d. Direct Digital Control of Rooftop Units (Total 5) i. BCI-2 BACnet communication cards for all rooftop units with assistance of Trane Service Technician ii. Control company to integrate / program BACnet communication into new controller to improve functionality and control of units. 7. Contractor to provide the following control points. RTU, MUA, AHU Full Control and VAV, Fan Power Boxes Set Point Version 4.0 or Johnson Control Version 900.4256 or Newest Version HVAC Control Points VFD Control System Fan Start / Stop command. Fan Start/Stop Status Heat 1 On/Off Control Heat 2 On/Off Control Heat Status 1 Heat Status 2 Cool 1 On/Off Control Cool 2 On/Off Control Cool Status 1 Cool Status 2 Outside Air Temp Supply Air Setpoint Supply Air Temp Return Air Temp Constant Volume Control System Fan Start / Stop command. Fan Start/Stop Status Heat 1 On/Off Control Heat 2 On/Off Control Heat Status 1 Heat Status 2 Cool 1 On/Off Control Cool 2 On/Off Control Cool Status 1 Cool Status 2 Outside Air Temp Supply Air Setpoint Supply Air Temp Return Air Temp BID REQUEST #B2400109 Page 10 Mix Air Temp Duct Static Setpoint Control Duct Static Status VFD Command 0% to 100% Control VFD Status VAV Electric Heat Supply Air Temp Room Temp Heating Setpoint Control Cooling Setpoint Control Heat On Heat Off Damper Position 0% to 100% Damper Position Status CFM Heating Min Set Point CFM Cooling Min Set Point CFM Cooling Max. Mix Air Temp Duct Static Setpoint Control Duct Static Status Bypass Damper 0% to 100% Control Bypass Damper Status FP VAV Electric Heat Supply Air Temp Room Temp Heating Setpoint Control Cooling Setpoint Control Heat On Heat Off Damper Position 0% to 100% Damper Position Status CFM Heating Min Set Point CFM Cooling Min Set Point CFM Cooling Max. Fan on Fan off 8. Contractor to provide Full Graphic Control. 9. New panel to be mounted where the existing panel is located. 10. Contractor to provide owner training for all new equipment. 11. Bidders must provide manufacturers specifications with their bid responses that shows all materials meet the minimum requirements as represented in the design documents. 12. Any additional work or scope that may result in changes must be submitted to the County project manager in writing and approved before any work is to be started. If the contractor does not submit in writing and receive written approval but starts any additional work, the contractor will be responsible for all associated cost and or schedule impacts/delays. 13. The contractor will provide a full-time qualified representative on site while any work is being performed. 14. The contractor is responsible for all daily cleanup and ensuring that all materials or equipment have been properly stored in the designated areas at the end of each shift to ensure normal building operations are not interrupted. If at any time Weld County personnel or contractors have to clean or move materials or equipment that were not properly stored the contractor will assume all associated costs. Daily cleanup includes any contaminate produced during removal of old paint. BID REQUEST #B2400109 Page 11 PROJECT CLOSE OUT: 1. Contractor will provide all manufacturer's warranty documentation as well as all equipment manuals. 2. Contractor will provide a maintenance schedule for all systems and or equipment as required to maintain all warranties. 3. Contractor will host a Project Closeout meeting with all contractors, design team, and Weld County personnel associated with this project. 4. At project close-out, provide all maintenance manuals, including operation and maintenance instructions, parts listing with sources indicated, recommended parts inventory listing, emergency instructions, and similar information. Include all diagnostic and repair information available to manufacturer's and installer's maintenance personnel. A digital copy of these records to be reviewed and approved by Weld County. After review and approval, the contractor will be required to provide 2 (two) hard copies of these records to the Weld County Project Manager. WELD COUNTY STANDARD TERMS AND CONDITIONS: 1. All submittals will be provided to the County project manager for review and approval no later than thirty (30) days after contract execution. 2. Any additional work or scope that may result in changes must be submitted to the County project manager in writing and approved before any work is to be started. If the contractor does not submit in writing and receive written approval but starts any additional work, the contractor will be responsible for all associated cost and or schedule impacts/delays. 3. Any clarification or information needed from the contractor must be submitted through an RFI for response. It is the contractor's responsibility for tracking and maintaining all RFI's. An RFI log must be maintained and kept by the contractor and available for review at the weekly coordination meeting or upon request. 4. RFI's are only to be sent through the County project manager. RFI responses will be sent from the County project manager to the construction team. Direct submissions to or responses from any other source will not be permitted. If additional resources are needed to clarify or answer an RFI the County project manager will coordinate as needed 5. All damages to building structure and finishes shall be repaired to original condition as a part of this contract. 6. Contractor is responsible for all private and public locates. 7. Project will be permitted through Weld County. Fees for Weld County Building Permit will be waived. Any other fees associated with this project will be paid for by the contractor. Contractor is responsible for the coordination and scheduling of all inspections that are required. The contractor will be responsible for having a qualified representative on site for any inspection. 8. All electrical work will be done by a qualified State licensed electrician. 9. All plumbing work will be done by a qualified State licensed plumber. 10. All mechanical work will be done by a qualified State Licensed technician. 11. Any temporary protection for flooring, walls, ceilings, furniture, or any other surface or equipment that could be damaged is the responsibility of the contractor to protect at their cost. Any damages occurred will be the contractor's responsibility to repair or replace. 12. All lifting and hoisting equipment shall be provided by the contractor as needed. 13. Work will comply with all applicable Federal, State and local laws, ordinances and regulatory requirements. 14. No bid bond is required for this project. 15. Bids over $50,000 will require a payment (100%) and performance (100%) bond. Performance and payment bonds must be submitted using an AIA-A312 bond form. Other bond forms will not be accepted. 16. Retainage in the amount of 5% shall be held on all pay requests until the final acceptance of the project 17. All trash and debris to be properly disposed of offsite. Due to the space constraints of this project this will need to be done on a regular basis. At no time will debris be allowed to accumulate. 18. Weld County is a tax-exempt entity. 19. Davis -Bacon and Buy American requirements are NOT required. BID REQUEST #B2400109 Page 12 20. Contractor will be required to enter into a standard Weld County contract for this service. A standard Weld County contract is available through the Weld County Purchasing department and is available for viewing upon request. 21. Contractor shall provide a 1 -year labor and workmanship warranty. ADDITIONAL REQUIRED INSURANCES: 1. Contractor will be required to provide professional liability insurance in the amount of the bid. SCHEDULE: 1. Contractor is responsible for providing and maintaining a three week look ahead schedule throughout the life of this project. Below is the anticipated schedule for this project: Date of this Bid Advertisement Date Pre -bid conference Bid Questions Due Bids Are Due Bid Award Notice Contract Execution Construction Start Construction Finish June 17, 2024 June 17, 2024 July 2, 2024 July 9, 2024 July 16, 2024 August 5, 2024 August 19, 2024 Immediately following Contract. September 30, 2024 PROPOSED DATES: Please provide proposed schedule dates with the expectation of contract execution being August 19, 2024. START DATE COMPLETION DATE TOTAL LUMP SUM COST: LUMP SUM COST FACILITY 1150 HVAC CONTROLS UPGRADES TOTAL LUMP SUM COST $ BID REQUEST #B2400109 Page 13 BID SUBMITTAL INSTRUCTIONS: The following items must be completed and submitted with your bid deadline of 10:00 AM on July 16, 2024: on or before the bid opening 1) Pages 9 thru 15 of the Bid Specifications/Scope of Work. 2) W9, if applicable.* 3) Any future Addenda must be completed. 4) All other items as requested in the Bid Specifications/Scope of Work. *A current W9 is required for new bidders. If you have previously worked with Weld County, only provide your W9 if there has been a change. Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it may be disqualified. BID REQUEST #B2400109 Page 14 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 Bid No. #B2400109. 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 Bid sheets. 4. The signed bid submitted, all of the documents of the Request for Bid 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 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 BY BUSINESS ADDRESS CITY, STATE, (Please print) DATE ZIP CODE TELEPHONE NO FAX TAX ID # SIGNATURE E-MAIL 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: Weld County Clerk to the Board BY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy Clerk to the Board Kevin D. Ross, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller PSRFB0124 BID REQUEST #B2400109 Page 15 Exhibit B Carolyn Geisert From: Sent: To: Subject: Attachments: Chance Hixon <chance.hixon@jci.com> Tuesday, July 16, 2024 9:55 AM bids 1150 HVAC Control Upgrades - JCI Bid 1150 JO Bid Submission.pdf Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, I hereby waive my right to a sealed bid. Please see attached and please send confirmation the bid is received. Thanks! Chance Hixon HVAC Sales Engineer - Cheyenne. WY 307-256-3914 Johnson Controls 1 SCOPE OF WORK 1150 HVAC Control Upgrades PROJECT OVERVIEW: Weld County is seeking bids for a turn -key lump sum price to replace the current HVAC control at 1150 O Street in Greeley, Colorado. METHOD OF PROCUREMENT: Request for Bid (RFB): is a procurement method often referred to as a sealed bid solicitation. When issued, the bid package is considered complete for bidding purposes. Responsiveness to the solicitation's terms and conditions are required. Incomplete or non -responsive bids will be eliminated from consideration. Low price is the key consideration by Weld County in awarding an RFB the contract. PROJECT SCOPE: The scope of this project is for the complete replacement of the current out of date supervisory controller and zone controller hardware / software at 1150 O Street — Admin Building. This will include all scopes outlined in the provided documents, as well as all other associated scopes specified below. Project documents and specifications have been provided per the following attachment to this bid. This is a turn- key project which the contractor will be responsible for completing all extents of the project as outlined and specified in the project contract documents that have been provided as part of this bid request. These scopes shall be included in the bid price and construction schedule. This also includes all additions, alterations, engineering services, and new work required for a complete and code compliant finished product. It is the contractor's responsibility at the time of bid to ensure all project specifications and requirements have been considered and included in their bid submission. ATTACHMENTS: The attachments listed below will become part of this bid and are available on BidNet. Attachment A: Weld County Project Documents PROJECT SPECIFIC TERMS AND CONDITIONS: 1. All equipment and materials shall be submitted and approved prior to commencement of work. 2. Contractor will be allowed to perform work during business hours based on the following requirements. All HVAC systems must be operational and any disruptive work to be performed afterhours. 3. Contractor is responsible for communicating with Trane to release control points for BACnet card. 4. Contractor is responsible for providing adjustable thermostats + / - 3 to 4 degrees if not compatible with the current systems. 5. Mechanical controls to be updated by a local Johnson Controls (MetaSys) or Setpoint (Delta Controls). 6. Contractor to provide a new supervisory controller with the following requirements. a. Metasys Supervisory Controller or Delta Controls (Total 1) i. Scheduling ii. Alarming iii. Trending iv. User interface for monitoring and adjustments b. Direct Control of VAV Boxes (Total 49) i. Furnish and install 1 new DDC controller with integrated actuator mounted at the VAV box. The below control devices are to be replaced during this project and wired back to BID REQUEST #B2400109 Page 9 the new controller. 1. Supply air damper actuator (integrated to the new controller) 2. Zone temperature sensor with display ii. Existing Control Devices (to remain and integrated with new controller) 1. Discharge air temperature 2. Supply air flow 3. Supply fan status 4. Supply fan command 5. Heating command 1 and 2 (where necessary) c. Direct Digital Control of Exhaust Fans (Total 2) i. Following Devices are to remain and be wired back to the new controller. 1. Exhaust Fan Start / Stop 2. Exhaust Fan Status d. Direct Digital Control of Rooftop Units (Total 5) i. BCI-2 BACnet communication cards for all rooftop units with assistance of Trane Service Technician ii. Control company to integrate / program BACnet communication into new controller to improve functionality and control of units. 7. Contractor to provide the following control points. RTU, MUA, AHU Full Control and VAV2 Fan Power Boxes Set Point Version 4.0 or Johnson Control Version 900.4256 or Newest Version HVAC Control Points VFD Control System Fan Start / Stop command. Fan Start/Stop Status Heat 1 On/Off Control Heat 2 On/Off Control Heat Status 1 Heat Status 2 Cool 1 On/Off Control Cool 2 On/Off Control Cool Status 1 Cool Status 2 Outside Air Temp Supply Air Setpoint Supply Air Temp Return Air Temp Constant Volume Control System Fan Start i Stop command. Fan Start/Stop Status Heat 1 On/Off Control Heat 2 On/Off Control Heat Status 1 Heat Status 2 Cool 1 On/Off Control Cool 2 On/Off Control Cool Status 1 Cool Status 2 Outside Air Temp Supply Air Setpoint Supply Air Temp Return Air Temp BID REQUEST #B2400109 Page 10 Mix Air Temp Duct Static Setpoint Control Duct Static Status VFD Command 0% to 100% Control VFD Status VAV Electric Heat Supply Air Temp Room Temp Heating Setpoint Control Cooling Setpoint Control Heat On Heat Off Damper Position 0% to 100% Damper Position Status CFM Heating Min Set Point CFM Cooling Min Set Point CFM Cooling Max. Mix Air Temp Duct Static Setpoint Control Duct Static Status Bypass Damper 0% to 100% Control Bypass Damper Status FP VAV Electric Heat Supply Air Temp Room Temp Heating Setpoint Control Cooling Setpoint Control Heat On Heat Off Damper Position 0% to 100% Damper Position Status CFM Heating Min Set Point CFM Cooling Min Set Point CFM Cooling Max. Fan on Fan off 8. Contractor to provide Full Graphic Control. 9. New panel to be mounted where the existing panel is located. 10 Contractor to provide owner training for all new equipment. 11 Bidders must provide manufacturers specifications with their bid responses that shows all materials meet the minimum requirements as represented in the design documents. 12 Any additional work or scope that may result in changes must be submitted to the County project manager in writing and approved before any work is to be started. If the contractor does not submit in writing and receive written approval but starts any additional work, the contractor will be responsible for all associated cost and or schedule impacts/delays. 13 The contractor will provide a full-time qualified representative on site while any work is being performed. 14 The contractor is responsible for all daily cleanup and ensuring that all materials or equipment have been properly stored in the designated areas at the end of each shift to ensure normal building operations are not interrupted. If at any time Weld County personnel or contractors have to clean or move materials or equipment that were not properly stored the contractor will assume all associated costs. Daily cleanup includes any contaminate produced during removal of old paint. BID REQUEST #82400109 Page 11 PROJECT CLOSE OUT: 1. Contractor will provide all manufacturer's warranty documentation as well as all equipment manuals. 2. Contractor will provide a maintenance schedule for all systems and or equipment as required to maintain all warranties. 3. Contractor will host a Project Closeout meeting with all contractors, design team, and Weld County personnel associated with this project. 4. At project close-out, provide all maintenance manuals, including operation and maintenance instructions, parts listing with sources indicated, recommended parts inventory listing, emergency instructions, and similar information. Include all diagnostic and repair information available to manufacturer's and installer's maintenance personnel. A digital copy of these records to be reviewed and approved by Weld County. After review and approval, the contractor will be required to provide 2 (two) hard copies of these records to the Weld County Project Manager. WELD COUNTY STANDARD TERMS AND CONDITIONS: 1. All submittals will be provided to the County project manager for review and approval no later than thirty (30) days after contract execution. 2. Any additional work or scope that may result in changes must be submitted to the County project manager in writing and approved before any work is to be started. If the contractor does not submit in writing and receive written approval but starts any additional work, the contractor will be responsible for all associated cost and or schedule impacts/delays. 3. Any clarification or information needed from the contractor must be submitted through an RFI for response. It is the contractor's responsibility for tracking and maintaining all RFI's. An RFI log must be maintained and kept by the contractor and available for review at the weekly coordination meeting or upon request. 4. RFI's are only to be sent through the County project manager. RFI responses will be sent from the County project manager to the construction team. Direct submissions to or responses from any other source will not be permitted. If additional resources are needed to clarify or answer an RFI the County project manager will coordinate as needed 5. All damages to building structure and finishes shall be repaired to original condition as a part of this contract. 6. Contractor is responsible for all private and public locates. 7. Project will be permitted through Weld County. Fees for Weld County Building Permit will be waived. Any other fees associated with this project will be paid for by the contractor. Contractor is responsible for the coordination and scheduling of all inspections that are required. The contractor will be responsible for having a qualified representative on site for any inspection. 8. All electrical work will be done by a qualified State licensed electrician. 9. All plumbing work will be done by a qualified State licensed plumber. 10. All mechanical work will be done by a qualified State Licensed technician. 11. Any temporary protection for flooring, walls, ceilings, furniture, or any other surface or equipment that could be damaged is the responsibility of the contractor to protect at their cost. Any damages occurred will be the contractor's responsibility to repair or replace. 12. All lifting and hoisting equipment shall be provided by the contractor as needed. 13. Work will comply with ail applicable Federal, State and local laws, ordinances and regulatory requirements. 14. No bid bond is required for this project. 15. Bids over $50,000 will require a payment (100%) and performance (100%) bond. Performance and payment bonds must be submitted using an AIA-A312 bond form. Other bond forms will not be accepted. 16. Retainage in the amount of 5% shall be held on all pay requests until the final acceptance of the project. 17. All trash and debris to be properly disposed of offsite. Due to the space constraints of this project this will need to be done on a regular basis. At no time will debris be allowed to accumulate. 18. Weld County is a tax-exempt entity. 19. Davis -Bacon and Buy American requirements are NOT required. BID REQUEST #B2400109 Page 12 20. Contractor will be required to enter into a standard Weld County contract for this service. A standard Weld County contract is available through the Weld County Purchasing department and is available for viewing upon request. 21. Contractor shall provide a 1 -year labor and workmanship warranty. ADDITIONAL REQUIRED INSURANCES: 1. Contractor will be required to provide professional liability insurance in the amount of the bid. SCHEDULE: 1. Contractor is responsible for providing and maintaining a three week look ahead schedule throughout the life of this project. Below is the anticipated schedule for this project: Date of this Bid Advertisement Date Pre -bid conference Bid Questions Due Bids Are Due Bid Award Notice Contract Execution Construction Start Construction Finish June 17, 2024 June 17, 2024 July 2, 2024 July 9, 2024 July 16, 2024 August 5, 2024 August 19. 2024 Immediately following Contract. September 30, 2024 PROPOSED DATES: Please provide proposed schedule dates with the expectation of contract execution being August 19, 2024. START DATE COMPLETION DATE TOTAL LUMP SUM COST: FACILITY LUMP SUM COST 1150 HVAC CONTROLS UPGRADES , S100.715.00 TOTAL LUMP SUM COST S100.715.00 8/19/2024 11/30/24* *Per addendum 1 BID REQUEST #B2400109 Page 13 BID SUBMITTAL INSTRUCTIONS: The following items must be completed and submitted with your bid on or before the bid opening deadline of 10:00 AM on July 16, 2024: 1) Pages 9 thru 15 of the Bid Specifications/Scope of Work. 2) W9, if applicable.* 3) Any future Addenda must be completed. 4) All other items as requested in the Bid Specifications/Scope of Work. *A current W9 is required for new bidders. If you have previously worked with Weld County, only provide your W9 if there has been a change. Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it may be disqualified. BID REQUEST #B2400109 Page 14 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 Bid No. #B2400109. 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 Bid sheets. 4. The signed bid submitted, all of the documents of the Request for Bid 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 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 Johnson Controls Inc. BY Chance Hixon (Please print) BUSINESS ADDRESS 2600 Old Happy Jack Rd. DATE 7/16/2024 CITY, Cheyenne STATE, WY ZIP 82001 CODE TELEPHONE NO 307-256-3914 FAX TAX ID # 39-0380010 SIGNATURE Cr� E-MAIL chance.hixon@jci.com 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: Weld County Clerk to the Board BY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy Clerk to the Board Kevin D. Ross, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller PSRFB0124 BID REQUEST #B2400109 Page 15 ADDENDUM #1 HVAC Control Upgrades B2400109 - Q&A 1) Answers to questions that were received during bid process: 1. Question: Please confirm each VAV box controller needs to be removed and replaced with a new updated controller Answer: Confirmed 2. Question: Please confirm all thermostats need to be removed and replaced with new Answer: Confirmed, replace like for like with new thermostats. 3. Question: Please confirm thermostats need to have displays on them, similar to what is existing at the site now Answer: Yes 4. Question: Please confirm the vendor for this project needs to have Trane supply and install new and updated BACnet BCI-2 cards in each RTU Answer: Confirmed 5. Question: Please confirm that all other end devices at each VAV unit do not need to be replaced, but need to wire directly back to the new VAV box controller Answer: Confirmed. All end devices need to be wired back to the VAV box controller. Contractor to confirm all programing for each end device works properly. 6. Question: Please confirm Weld County PM will help with phasing and communication with office tenants for phasing of installation of controllers during the day Answer: Confirmed 7. Question: Can the execution/completion of this project be extended to November 30 to ensure proper planning takes place before execution of work? Answer: Yes 8. Question: Please confirm the existing communication bus between controllers is acceptable to be reused if compatible with new controllers Answer: Existing communication bus to be replaced. 9. Question: Please confirm the existing control sensor wiring is acceptable to be reused if compatible with new controllers Answer: Control sensor wiring is acceptable if it is compatible with new devices and controls. If not compatible, contractor to replace control sensor wiring. 10. Question: Please confirm that current graphics for the building can match what is existing Answer: Current graphics do not match existing systems. New graphics will need to be created for this building and included in this bid. End of Addendum ***We need signed copy on file. Thank You!*** Addendum received by: Johnson Controls Inc FIRM 2600 Old Happy Jack Rd. ADDRESS Cheyenne, WY 82001 CITY AND STATE Chance Hixon BY Cam.. Nester‘------ chance.hixon@jci.com EMAIL July 11, 2024 AW ®btu � CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 0 811 312 0 2 4 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 policy, 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 MARSH USA LLC 155 N WACKER, SUITE 1200 Chicago, IL 60661 CONTACT NAME Marsh I U 5 Operabons PHONE 666 966 4664 ) FA% (ALC�do 6acp. ( ) � lA��o) Mass JCI certrequestemarsh.com Attn JCI Cerlrequest@marsh corn CN101230596-5 23 24" INSURER(S) AFFORDING COVERAGE NAIL# INSURER A 01d RePUblir<Insuranc.,Cgmpany 24147 INSURED Johnson Controls US Holdings Inc Johnson Controls, Inc Tyco International Holding S a r I SimplexGnnnell LP (see attached Acord 101) 5757 North Green Bay Avenue Milwaukee, WI 53209 INSURER B INSURER C INSURER D INSURER E INSURER F CERTIFICATE NUMBER CHI 010729267 01 REVISION NUMBER 3 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 TVTVTYPE OF INSURANCE ADDL SUER MD WVD POLICY NUMBER POLICY EFF POLICY EXP ;WA; (MNIIDD/YYYV) LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE E OCCUR Contractual Liability MWZY 313947 23 10/01/2023 10/01/2024 EACH OCCURRENCE $ 5,000,000 PREMISES (Ea occurrence)_ $ 5,000,000 MED EXP (Any one person) $ 50,000 PERSONAL B ADV INJURY $ 5,000,000 XCU Included GENERAL AGGREGATE $ 20 000,000 GEN L AGGREGATE LIMIT APPLIES PER X POLICY n JE a n LOC OTHER PRODUCTS - COMP/OP AGG $ INC IN GEN AGG A A A AUTOMOBILE LIABILITY X ANY AUTO - SCHEDULED NLY AUTOS NN OWNEDExcess gENLYAUTOS ONLY MWTB 313946 23 (Excludes New Hemp) MWMB 313949 23 (Primary NH $250k) MWZX 313950 23 (Excess NH $4 75mm) NH Auto Is Follow Form to Primary NH Auto 10/01/2023 10/01/2023 10/01/2023 10/01/2024 COMBINED SINGLE LIMIT {Es acadenq $ 5,000 000 10/01/2024 BODILY INJURY (Per person) $ 10/01/2024 ODILY INJURY (Per accident) L $ ROPERTY DAMAGE per=dd. $ $ UMBRELLA LIAR EXCESS LIAR ^ OCCUR CLAIMS MADE EACH OCCURRENCE $ I AGGREGATE $ $ DED I I RETENTION $ A A WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDES? (Mandatory In NH) II yes describe under DESCRIPTION OF OPERATIONS below N / A MWC 313943-23 AOS - seepage 2 ( ) MWXS 313944 23 (OH U WA) 10/01/2023 10/01/2023 10/01/2024 10/01/2024 ' X I STATUTE I OER E L EACH ACCIDENT $ 1 000 000 E L DISEASE EA EMPLOYEE $ 1,000 000 E L DISEASE POLICY LIMIT $ 1 000 000 DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached If more space Is required) Weld County Facilities Department is included as additional insured per the attached See attached Acord 101 for additional information including Additional Insured Primary/Non contributory, Waiver of Subrogation and Notice of Cancellation provisions CERTIFICATE HOLDER CANCELLATION Weld County Facilities Department 1105H St _ PO Box 758 Greeley, CO 80632 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 of Marsh USA LLC ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks of ACORD AC©R©A CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 08/13/2024 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 policy, 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). PRObUCER MARSH USA LLC 1401 Discovery Parkway, Suite 150_(88966 Wauwatosa, WI 53226 Attn: JCI.Certrequest@marsh,com CN101230596-J&T-PL-24-25 INSURED Johnson Controls International plc (and see attached) 5757 North Green Bay Avenue Milwaukee, WI 53209 ACT Marsh U.S. op.. p1tDt [ FAX" 4664 u t+e� MAIL JCl.certre4 marsh,ctlm "ADd" INSURERS AFFORDING COVERAGE NAIL, INSURER iZraApiungml) i,,s0 eS>X0tp011 16535 INSURER Bu,; INSURER C : INSURER D i INSURER E --_ _.....,. ---. ----_ ._....___ ..__. . L_ INSURER F : CHI -010729288-01 REVISION NUMBER: 5 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 tADOLPSUBR POLICYEFF POLfCYEXP LIMITS LT ... .. TYPE OF INSURANCE �..�__. iNSD WYD -_-- POLICY NUMBER f IMM/DDIYYYY) (MMMIOCIfYYY1 I COMMERCIAL GENERAL LIABILITY j CLAIMS -MADE OCCUR + GENII AGGREGATELIMIT APPLIESPER: p r - i PRO• � , 2 POLICY i_ i 1 SOT I LOC 5 9 THEW _ I EACH OCCURRENCE € y PR _m_15ES._9_ currenc MED EXP An one ersan) ¢ I I PERSONAL 8, ADV INJURY t I !�` I I I,GENERAL AGGREGATE 1 i ! PRODUCTS - COMP/OP AGG $ $ $ $ S _- $ � f AUT0MOBLELIABILITY € iK P ANY AUTO ) ELED I OWNED (� SCHDU H REDS ONLY 4 ON -OWNED t comeINED$.LE.LIMIT I I _ice aG 4 0. r BODILY INJURY (Per person) + I....i BODILURY Per accident) ! DAMAOE--° $ $ --$-- _.... ... ,... . UMBRELLA LIAR : OCCUR ; i 1 EXCESS LIAR CLAIMS MADE ] O. t I RETENTION 77 I ( EACH OCCURRENCE •; AGGREGATE � t t WORKERS COMPENSATION•p 1 AND EMPLOYERS' LIABILITY Y / N I i SANYPROPRIETORIPARTLNUr EXECUTIVE g 1 ( OFICER/MEMBEREXCLUDED? �INlA andatory in NH) It yyes, descrkxlr under C I DESCRlPT�N OF OPEAA7lpNS below I [ j I • PER I 1 OTH �$ + ( ,i ,S.TATUTE „ -.._,...,OT_ j , L EACH ACCIDENT + ° _ E L DISEASE EA EMPLOYER- i E L DISEASE POLICY LIMIT s $ $T $ A Professional Liability { 1 111 EOC0238122-07 1 02/01/2024 [ 02/01/2025 ; Each Claim and Related Claim) Aggregate Limit 1 1,000,000 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached it more space Is required) CERTIFICATE HOLDER CANCELLATION Weld County Facilities Department 1105HSL PO Box 758 Greeley, CO 80632 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 of Marsh USA LLC ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Form Entity Information Entity Name * Entity ID * JOHNSON CONTROLS SECURITY @00000734 SOLUTIONS LLC Contract Name* Contract ID ADMINISTRATION BUILDING BUILDING AUTOMATION 8640 SYSTEM UPGRADES. Contract Status CTB REVIEW Contract Lead * CNAIBAUER [3 New Entity? Parent Contract ID 20241966 Requires Board Approval YES Contract Lead Email Department Project # cnaibauer@weld.gov Contract Description* REPLACE THE EXISTING BUILDING CONTROLS WITH NEW UPGRADED EQUIPMENT. BID # B2400109. Contract Description 2 Contract Type* Department Requested BOCC Agenda Due Date CONTRACT BUILDINGS AND Date* 08/17/2024 GROUNDS 08/21 /2024 Amount $100,715.00 Renewable* NO Automatic Renewal Grant IGA Department Email CM- BuildingGrounds@weldgo v.com Department Head Email CM -Build ingGrounds- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV 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 * 11/29/2024 Committed Delivery Date Renewal Date Expiration Date* 12/31/2024 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 PATRICK O'NEILL CHERYL PATTELLI BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 09/09/2024 09/10/2024 09/10/2024 Final Approval BOCC Approved Tyler Ref # AG 091624 BOCC Signed Date Originator CNAIBAUER BOCC Agenda Date 09/16/2024 July 24, 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: Curtis Naibauer Subject: 1150 HVAC Control Upgrades — 92400109 As advertised this bid is for the 1150 HVAC Control Upgrades. The low bid is from Johnson Controls Inc. in the amount of $100,715.00 and meets the specifications. Therefore, the Facilities Department is recommending the award to Johnson Controls Inc. in the amount of $100,715.00. If you have any questions, please contact me at extension 2023. Sincerely, Curtis Naibauer Interim Director c/5 20Zqnao ..,C�,002Cp DATE OF BID: JULY 16, 2024 REQUEST FOR: 1150 HVAC CONTROL UPGRADES DEPARTMENT: FACILITIES BID NO: B2400109 PRESENT DATE: JULY 22, 2024 APPROVAL DATE: AUGUST 5, 2024 VENDOR JOHNSON CONTROLS INC. 2600 OLD HAPPY JACK ROAD CHEYENNE, WY 82001 SETPOINT SYSTEMS CORPORATION 8167 SOUTHPARK CIRCLE LITTLETON, CO 80120 WELD COUNTY PURCHASING 1301 N. 17th Avenue, Greeley, CO 80631 reverettn6 weld.gov coeisertca.weld.gov ttavlor(aiweld.aov Phone: (970) 400-4222, 4223 or 4454 START FINISH DATE DATE TOTAL 8/19/2024 11/30/2024 $100,715.00 9/23/2024 11/18/2024 $166,234.00 THE FACILITIES DEPARTMENT IS REVIEWING THE BIDS. 2024-1966 7/t% Hello