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Home My WebLink About20240286.tiffCurd-vae+r R403 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Jail 1 east RTU replacement change order DEPARTMENT: Facilities PERSON REQUESTING: Patrick O'Neill DATE: April 24, 2025 Brief description of the problem/issue: The RTU that serves one of the gymnasiums at the North Jail facility currently does not have cooling capabilities and the replacement unit was bid without cooling as well. The jail command staff has determined that the new unit needs to have cooling capabilities per current statutes. A similar unit with cooling will weigh more and have additional electrical requirements. This change order will eliminate this RTU from the project and give facilities time to have a new RTU engineered and specified for the replacement. What options exist for the Board? 1. Approve the change order 2. Deny the change order Consequences: Impacts: Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): The current cost is a credit to this project. Facilities will add this RTU replacement to a future budget request for replacement. Recommendation: Facilities recommends placing this change order on an upcoming BOCC agenda for approval. Perry L. Buck Scott K. James Jason S. Maxey Lynette Peppier Kevin D. Ross Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: npCIA- 5/5/25 e c ; on bc&Se CSC) pu,v0,,ceUl 5/5/25 Z024-On(0 April 24, 2025 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: Patrick O'Neill Subject: Jail 1 east RTU replacement change order — (62400042) The RTU replacement on jail 1 east roof was awarded to Lakeside Mechanical. During the submittal review process, it was realized by the Jail command staff that the original RTU that serves the gymnasium did not have cooling capabilities and the new unit was bid without cooling capabilities as well. Command staff at the jail has determined that per current statutes, the new unit will be required to have cooling capabilities. This will require additional engineering and work to specify and install a similar unit with cooling capabilities. Facilities has determined that it is in the County's best interest to eliminate this RTU from the current project and replace it at a future date after design and engineering can be completed. Lakeside Mechanical INC. has provided a change order to eliminate this RTU from the project for a credit of ($35,980.00) The Facilities Department is recommending this change order be approved for ($35,980.00). If you have any questions, please contact me at extension 2023. Sincerely, Patrick O'Neill Director CC Change Order #1 to Service Agreement Between Weld County and Lakeside Mechanical INC. Date: April 24, 2025 Original Agreement: 2024-0286 County Department: Facilities The parties hereby agree to amend the work to be completed pursuant to the Original Agreement in accordance with the terms of this Change Order. 1. Contractor agrees to provide the amended services as described in the attached Exhibit, which is hereby incorporated into the Agreement. 2. Department agrees to compensate Contractor for said amended services in accordance with the Exhibit. 3. The amount of the contract is adjusted as follows: $ 521,000.00 Original Contract Amount $ 0.00 Previously Approved Change order(s) Amount ($ 35,980.00) Current Change Order Amount $ 485,020.00 New Contract Total All other terms and conditions of the Original Agreement remain unchanged. CONTRACTOR: Name: Title: P a ATTEST: .-1-'aJ JC,1"%4. Weld ounty Clerk to the Board BY: Deputy lerk to the Bo rd ,s, Date 4/Xi/ZS-- BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO uck, Chair MAY 0 5 2025 zoo -I -Ono Lakeside Mechanical Inc. 526 W. 66th St. Loveland Co. 80538 Date: Subject: PO No.: Project Name: Project Location: To: April 22, 2025 Change Order Deduct RTU 25 removal P2400141 Weld County Jail 1 East RTU Project 2110 O Street. Greeley, CO 80631 Jeremy Duran, Project Manager Please review the following for pricing for contract price deduction for the removal of RTU 25 and controls from the scope. Original Contract Amount: $ 521,000.00 RTU 25 and Controls Removal Deduct: -$ 35,980.00 Total Contract Amount: $485,020.00 Change Request Adds - 0 — Day(s) To Contract Duration. Please advise if any additional information is required. Thank you. Sincerely, �, ,ur 4 .,w 14/2.2 /2-0 Z5 Terry Heckman , Owner Lakeside Mechanical Service Inc. Contract Form Entity Information Entity Name* Entity ID* LAKESIDE MECHANICAL SERVICE @00048093 INC Q New Entity? Contract Name" Contract ID JAIL - 1 EAST RTU REPLACEMENT CHANGE ORDER 9403 Contract Status CTB REVIEW Contract Description * DELETE THE GYMNASIUM RTU FROM THE PROJECT. Contract Description 2 Contract Lead * CNAIBAUER Contract Lead Email cnaibauer@weld.gov Parent Contract ID Requires Board Approval YES Department Project # Contract Type* Department Requested BOCC Agenda Due Date CHANGE ORDER BUILDINGS AND Date* 05/03/2025 GROUNDS 05/07/2025 Amount* ($35,980.00) Department Email Will a work session with BOCC be required?* CM- NO Renewable* BuildingGrounds@weld.go NO Does Contract require Purchasing Dept. to be Automatic Renewal Grant IGA Department Head Email CM-BuildingGrounds- DeptHead@weld.gov County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV 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* 05/30/2025 Committed Delivery Date Renewal Date Expiration Date* 05/30/2025 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel PATRICK O'NEILL CHERYL PATTELLI BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 04/30/2025 04/30/2025 04/30/2025 Final Approval BOCC Approved Tyler Ref # AG 050525 BOCC Signed Date Originator CNAIBAUER BOCC Agenda Date 05/05/2025 Ct 4a ct n416113 l3 AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & LAKESIDE MECHANICAL SERVICES, INC PROJECT THIS AGREEMENT is made and entered into this I 0hday of IVI avCh , 2024, by and between the Board of Weld County Commissioners, on behalf of the Facilities Department, hereinafter referred to as "County," and Lakeside Mechanical Services, INC., hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contractor to perform construction services as required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing to perform and has the specific ability, qualifications, and time to perform the required construction services to provide the services according to the terms of this Agreement; 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 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. B2400042. Exhibit B consists of Contractor's Response to County's Request for Bid. 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 faithfully perform the Work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractors performing construction services of a similar nature to those described in this Agreement. 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. conwo- 3n8/ 21, ,�/a/are 2024 -OZ$ Q 00210 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and shall continue through and until Contractor's completion of the responsibilities described in the attached Exhibits. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. In its sole discretion, the County, by the Director of the Facilities Department or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. 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 drawings, drafts, or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product that is incomplete at the time of termination shall be marked "DRAFT - INCOMPLETE." If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by Change Order. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated Change Order. Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay an amount not to exceed $ 521,000.00 as set forth in 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). 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 this 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. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential information of Contractor should be transmitted separately from non -confidential information, clearly denoting in red on the relevant document at the top the word, "CONFIDENTIAL". However, Contractor is advised that as a public entity, Weld County must comply with the provisions of the Colorado Open Records Act (CORA), C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this Agreement. 11. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the professional construction 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. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a warranty period during which Contractor must correct any failures or deficiencies caused by Contractor's workmanship or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project, and shall continue for one year, or such greater time as specified in the attached Exhibits. 12. 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, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction 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 shall exist 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. 13. 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 Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. a. Types of Insurance: Workers' Compensation/Employer's Liability Insurance as required by state statute, covering all 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; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury; $50,000 any one fire; and $5,000 Medical payment per person. Medical operations coverage shall be provided for a minimum period of one (1) year following final acceptance. Automobile Liability: 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. Professional Liability (Errors and Omissions Liability): Contractor shall maintain limits of $1,000,000 Per Loss and $2,000,000 Annual Aggregate for both the Contractor and subcontractors where: (1) the Work includes Construction Surveying and/or Survey Monumentation and/or (2) plans, specifications, and submittals are required to be signed and sealed by the Contractor's or subcontractor's Professional Engineer including but not limited to (a) Shop drawings and working drawings as defined in subsection 105.25 of the Specifications, (b) Mix designs, (c) Contractor performed design work as required by the plans and Specifications, (d) Change Orders, or (e) Approved Value Engineering Proposals. The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contractor 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, Contractor 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. Umbrella or Excess Liability Insurance: Contractor shall maintain limits of $1,000,000 and shall become primary in the event the primary liability policy limits are impaired or exhausted. The policy shall be written on an Occurrence form and shall be following form of the primary. Pollution Liability. Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions that may arise from the operations of the Contractor described in the Exhibits. The policy shall cover the Contractor's completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims -made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed. Minimum Limits: Per Loss $ 1,000,000 Aggregate $ 1,000,000 Builders' Risk Insurance or Installation Floater — Completed Value Basis: Unless otherwise provided in the attached Exhibits, the Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in Colorado, Builders' Risk Insurance in the amount of the initial contract amount as described in the attached Exhibits, plus the value of subsequent modifications, change orders, and cost of material supplied or installed by others, comprising total value of the entire Project at the site on a replacement cost basis without optional deductibles. 1) The policy must provide coverage from the time any covered property becomes the responsibility of the Contractor, and continue without interruption during construction, renovation, or installation, including any time during which the covered property is being transported to the construction installation site, or awaiting installation, whether on or off site. 2) Such Builders' Risk Insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the County 's has insurable interest in the property to be covered, whichever is later. 3) The Builders' Risk insurance shall include interests of the County and if applicable, affiliated or associate entities, the General Contractor, subcontractors and sub -tier contractors in the Project. 4) The Builders' Risk Coverage shall be written on a Special Covered Cause of Loss form and shall include theft, vandalism, malicious mischief, collapse, false -work, temporary buildings, transit, debris removal including demolition, increased cost of construction, architect's fees and expenses, flood (including water damage), earthquake, and if applicable, all below and above ground structures, piping, foundations including underground water and sewer mains, piling including the ground on which the structure rests and excavation, backfilling, filling, and grading. Flood damage coverage is not required for work within the floodway or 100 year floodplain. Regardless, Contractor shall bear all risk associated with any and all loss resulting from flood events during construction. 5) The Builders' Risk shall include a Beneficial Occupancy Clause. The policy shall specifically permit occupancy of the building during construction. County Contractor shall take reasonable steps to obtain consent of the insurance company and delete any provisions with regard to restrictions within any Occupancy Clauses within the Builder's Risk Policy. The Builder's Risk Policy shall remain in force until acceptance of the project by the County. 6) Equipment Breakdown Coverage (a.k.a. Boiler & Machinery) shall be included as required by the Contract Documents or by law, which shall specifically cover insured equipment during installation and testing (including cold and hot testing). 7) The deductible shall not exceed $25,000 and shall be the responsibility of the Contractor for all covered perils within the required policy. For all general liability, excess/umbrella liability, and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. b. Proof of Insurance: Contractor shall provide to County a certificate of insurance, a policy, or other proof of insurance as determined in County's sole discretion. Contractor shall provide a certificate of insurance naming Weld County, Colorado, its elected officials, and its employees as an additional named insured. c. Subcontractor Insurance: Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above described insurance prior to the 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. d. 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. e. Certification of Compliance with Insurance Requirements. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. 14. 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. 15. 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. 16. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 17. 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. 18. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. 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 by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice shall be sent to: Contractor: Lakeside Mechanical, INC. Name: Terry Heckman Position: Owner Address: 1008 Englewood Place Address: Loveland CO, 80538 E-mail: Lakesidemech@msn.com Phone:970-391-4915 County: Name: Chris Coulter Position: Facilities Director Address: 1105 H Street Address: Greeley, CO. 80632 E-mail: ccoulter@weld.gov Phone: 970-400-2020 19. 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. 20. 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. 21. 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. 22. 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. 23. 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. 24. 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 without limitation, the warranties, indemnification obligations, confidentiality, and record keeping) shall survive any such expiration or termination. 25. 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. 26. 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. 27. 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. 28. 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. 29. 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. 30. 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 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. 31. Public Contracts for Services C.R.S. §8-17-101. For public contracts in excess of $500,000 annually, or for public contracts for road or bridge construction in excess of $50,000, Contractor certifies, warrants, and agrees that Colorado labor shall be employed to perform at least eighty percent of the work under this Contract. "Colorado labor" means any person who is a resident of the state of Colorado at the time of the public works project, who can provide a valid Colorado driver's license, a valid Colorado state -issued photo identification, or documentation that he or she has resided in Colorado for the last thirty days. The County, in its sole discretion, may waive the eighty percent requirement if there is reasonable evidence to demonstrate insufficient Colorado labor is available to perform the work, and this requirement would create an undue burden that would substantially prevent the work from proceeding to completion. [This section shall not apply to any project which is funded in whole or in part with federal funds, or where otherwise contrary to federal law. In accordance with C.R.S. §8-17-107 and 2 C.F.R. §200.319(c), this section shall not apply if the Work is funded wholly or in part with federal funds.] 32. 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. 33. 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 A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. CONTRACTOR: By: '<..., Name: -.77-A- NeCkyA,f Title: dllj,iE'�2,, WELD COUNTY: ATTEST: , CA ; ok of Ord Weld C. Clerk to the Bo Date of Signature BOARD OF COUNTY COMMISSIONERS WELD COUNT O to e B • . d / /� ;,►/ �� Kevin D. Ross, Chair MAR 1 8 2024 EXHIBIT A REQUEST FOR BID WELD COUNTY, COLORADO 1301 N. 17TH AVENUE GREELEY, CO 80631 DATE: JANUARY 3, 2024 BID NUMBER: B2400042 DESCRIPTION: JAIL 1 - EAST ROOF TOP UNIT (RTU) REPLACEMENT DEPARTMENT: FACILITIES MANDATORY PRE -BID: JANUARY 17, 2024 BID OPENING DATE: JANUARY 31, 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: JAIL 1 — EAST ROOF TOP UNIT (RTU) REPLACEMENT A mandatory pre -bid conference will be held on January 17, 2024 at 9:00 AM at Weld County Jail located at 2110 O Street, Greeley, CO 80631. Meet in the main lobby of the Weld County Jail. Bidders must participate and record their presence at the pre -bid conference to be eligible to submit bids. Bids will be received until: January 31, 2024 at 10:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on January 31, 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: 259 074 69# 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. 1. 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 locations) 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. Emailed bids are required. PREFERRED: email bids to bids(c!weldgov.com; however, if your bids exceeds 25MB please upload your bid to https://www.bidnetdirect.com. The maximum file size to upload to BidNet Direct is 500 MB. 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 acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. BID REQUEST #B2400042 Page 2 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 or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorney's Fees/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. BID REQUEST #B2400042 Page 3 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. 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 BID REQUEST #B2400042 Page 4 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 County's delegated employee, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. BID REQUEST #B2400042 Page 5 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, omissions, 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 omissions 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, or 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 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 BID REQUEST #B2400042 Page 6 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 under 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 operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Professional 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 operations hereunder set forth in the related Bid. Proof 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. 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 BID REQUEST #B2400042 Page 7 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 #B2400042 Page 8 SCOPE OF WORK Weld County Jail -1 East Housing Unit-HVAC Roof Top Units Replacement PROJECT OVERVIEW: Weld County is seeking bids for a Turn -Key Lump Sum bid to replace the nine HVAC roof top units at the Weld County Jail located at 2110 O Street, Greeley, CO. PROJECT SCOPE: The scope of this project is for replacement of the roof top HVAC units at the Weld County Jail -1 East Housing Unit. Work will include removal & replacement of (9) existing Roof Top Units. Units will include: (8) Package Heating -A/C units and (1) gas fired make -up -air unit. All new units will be replaced with equal to, or better than what is outlined in the specifications below. 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. This will include all scopes outlined in the provided documents, as well as all other associated scopes needed to complete this project. Bids for this work shall include all work, labor, materials, equipment, logistics, warranties associated with this replacement: ATTACHMENTS: • Attachment A: Weld County Project Documents • Attachment B: RTU Specifications-Trane • Attachment C: Roof-RTU Layout • Attachment D: Electrical Panel Schedule PROJECT SPECIFIC TERMS AND CONDITIONS: 1. Contractor shall perform turn -key removal of the old roof top units and installation of the new roof top units. Which will include proper haul off and disposal of units and their contents in a legal and safe manner. 2. All new HVAC Units will be installed with new power exhaust vents. 3. All new HVAC Units will be installed with new electrical disconnects. 4. Currently the existing units are functional and are in service. Contractor will work with County operations to ensure that the scheduling of the removal of the units will not interfere with normal operations. 5. Contractor will be required to have all wiring, wiring harness, building automation control modules, duct work, or any alterations that need to be completed before all HVAC units are set in place to minimize all down time. 6. Contractor will be responsible for verifying the existing units and their individual specifications, during the pre -bid conference. Below are the model and serial numbers for the associated existing units. Replacements shall meet or exceed the current unit's specifications. All new units will have power exhaust. Existing RTU specifications can also be found in Attachment A of this bid request. a. RTU-17/M POD 1. Manufacture: Trane ii. Model: YCD210C4HA 111. Serial: 303100381D b. RTU-18/N POD i. Manufacture: Trane ii. Model: YCD151C4HA BID REQUEST #B2400042 Page 9 iii. Serial: 303100397D c. RTU-19/O-POD i. Manufacturer: Trane ii. Model: YCD330A4HK2 iii. Serial: CO3A00065 d. RTU-20/R POD i. Manufacturer: Trane ii. Model: YCD330A4HK2 iii. Serial: CO3A00066 e. RTU-21/S-POD 1. Manufacturer: Trane ii. Model: YCD21064HA 111. Serial: 303100399D f. RTU-22/T-POD 1. Manufacturer: Trane 11. Model: YSC 120A4RH iii. Serial: 305101350L g. RTU-23/H Areas i . Manufacturer: Trane 11. Model: YSC 120A4RH iii. Seria1:30210135L h. RTU-RTU 24/Visitation 1. Manufacturer: Trane ii. Model: VCH048A4RH iii. Serial: 302101178L i. MAU-RTU-25/Exercise i. Manufacturer: Trane ii. Model: GRAA50PFBF iii. Serial: L03A00157 7. Contractor is responsible for all roof curbs that may be needed to support the new units if existing roof curbs are not feasible or appropriate to be reused with the new units. Curb adapters will be allowed by the county. 8. Contractor is responsible for making all necessary repairs to the roof area where it may be disturbed or damaged through the removal of existing and install of new RTU's. Including but not limited to all patching, flashing, and sealing as required to maintain the existing roofs warranty. 9. Contractor is responsible for all mechanical, plumbing, and electrical connections that may be needed to complete the replacement of the Nine (9) RTU's to a fully operational and functional system. 10. Contractor is responsible for any penetrations through the roof or any wall surface including any fire rated assembly. 11. Replacement of RTU can be done during business hours. Replacement shall be coordinated with county personnel to minimize downtime. The RTU replacement shall occur during a time when heating and cooling are at the lowest demand. Weld County will have sole discretion and approval of contractors proposed schedule. 12. Contractor must provide submittals of proposed equipment before equipment is ordered. Submittals shall include engineer or manufacturer's certification that proposed equipment meets or exceeds the capacities/capabilities of the existing RTU. 13. The County currently operates on a Delta Control System through Set Point Systems and runs on version 4.2. The new RTU's will be required to maintain the same building automation system, and control capabilities. Including all interlocks and their associated control points. New discharge air temperature sensors will be installed down stream of each new roof top unit. Contractor will be BID REQUEST #B2400042 Page 10 responsible to contract & coordinate with Set Point Controls for all new automation controls for the new units. VFD Control System -Points 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 Mix Air Temp Duct Static Setpoint Control Duct Static Status VFD Command 0% to 100% Control VFD Status Constant Volume Control System -Points 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 Mix Air Temp Duct Static Setpoint Control Duct Static Status Bypass Damper 0% to 100% Control Bypass Damper Status 14. Contractor will provide a final report showing what the existing RTU's CFM was and what the new RTU's CFM is making sure that the new units are operating equal to the existing units. This testing shall be done by a certified TAB technician. 15. Bidders must provide manufacturers specifications with their bid responses that show the proposed equipment meets the minimum capacities and specifications. 16. Contractor shall provide a 1 -year labor and workmanship warranty and roof top unit shall have a standard manufacturer's warranty. 17. Contractor will provide a maintenance schedule to ensure compliance with all manufacturer's warranty requirements. 18. Work is to be done at a secure facility, therefor everyone that will be on premises either working or not, will need to submit to a background check through the Weld County Sheriff's Department prior to being on site. Weld County Facilities Project Manager will coordinate with contractor for the submittal of all authorization forms. 19. 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 contractor. 20. All damages to building structure and finishes shall be repaired to original condition as a part of this contract. 21. All lifting and hoisting equipment shall be provided by the contractor. 22. The projected contract date is expected to be March 4, 2024. Based on this date, provide an expected start and finish date. BID REQUEST #B2400042 Page 11 PROJECT CLOSE OUT: 1. Contractor will provide two (2) paper copies and PDF's which include all changes and or modifications for all affected scopes. This will include but not limited to all redlined drawings, RFI's, or discoveries, or any change from project documents. 2. Contractor will provide all manufacturer's warranty documentation as well as all equipment manuals. 3. Contractor will provide a maintenance schedule for all systems and or equipment as required to maintain all warranties. 4. Contractor will provide a detailed report for all craftsmanship and labor warranties. 5. Contractor will provide formal training as outlined and required by all manufacturer's recommendations, to Weld County's designated staff. This includes but is not limited to Security Electronics, HVAC, and Access Control. 6. Contractor will host a Project Closeout meeting with all contractors, design team, and Weld County personnel associated with this project. 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-A3 l 2 bond form. Other bond forms will not be accepted. BID REQUEST #B2400042 Page 12 16. Retainage in the amount of 5% shall be held on all pay requests until the final acceptance of the project. 17. Contractor will be required to provide Professional Liability Insurance (PLI) and builders risk insurance in the amount of the bid. 18. 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. 19. Weld County is a tax-exempt entity. 20. Davis -Bacon and Buy American requirements are NOT required. 21. Contractor will be required to enter a contract with Weld County for this service. A standard Weld County contract is available through the Weld County Purchasing Department and is available for viewing upon request. 22. Contractor will be required to provide pollution liability insurance with the following minimum limits: Per Loss $1,000,000 and Aggregate $1,000,000. SCHEDULE: 1. Contractor is responsible for providing and maintaining a full project schedule as well as a three week look ahead schedule throughout the life of this project. Contractor will have an updated project schedule available upon request. 2. The contractor will host a weekly coordination meeting with all associated contractors, and County representatives. At this time the contractor will provide the three (3) weeks look ahead schedule as well as all applicable updates to the overall project schedule. This will need to be submitted in person at the weekly meeting as well as sent electronically to the County project manager and construction team. Below is the anticipated schedule for this project: Date Of This Bid Advertisement Date Pre -Bid Conference Bid Questions are Due Bids Are Due Bid Award Notice Contract Execution Construction Start Construction Finish January 3, 20224 January 3, 20224 January 17, 2024 January 24, 2024 January 31, 2024 February 21, 2024 March 4, 2024 Immediately upon receipt of signed contract. December 1, 2024 BID REQUEST #B2400042 Page 13 PROPOSED DATES: Please provide proposed schedule dates with the expectation of contract execution being March 4, 2024. Construction Start Construction Complete TOTAL LUMP SUM COST BREAKOUT: Contractor will provide there pricing per the breakout below: LUMP SUM COST DESCRIPTION MECHANICAL $ ELECTRICAL $ EQUIPMENT $ TOTAL LUMP SUM COST $ 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 January 31, 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 #B2400042 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. #B2400042. 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 Ross, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller PSRFB0323 BID REQUEST #B2400042 Page 15 EXHIBIT B Carolzn Geisert From: Sent: To: Subject: Attachments: Terry Heckman <lakesidemech@msn.com> Wednesday, January 31, 2024 9:42 AM bids Weld Cty Jail East RTU Scope of Work.pdf; Trane RTU Specifications.docx; W9.pdf; Proposal Weld Cty Jail -1 East RTU's.doc Caution: 'i ,,i . ciiiail origiu;ited it run ilit`;;f1O fir .-, I.i ••j,I,,t'c. 1 i.1',i ii►:less you recogni. sender Ind kitoi, • .; c�J,t� �.• , ,n=. Please find attached proposal, W9, Scope of Work Form and Trane manufacturer specifications documents. Regards, Terry Heckman Lakeside Mechanical Service Inc. Phone: 970-391-4915 Fax: 970-663-5123 1 SCOPE OF WORK Weld County Jail -1 East Housing Unit-HVAC Roof Top Units Replacement PROJECT OVERVIEW: Weld County is seeking bids for a Turn -ley Lump Sum bid to replace the nine HVAC roof top units at the Weld County Jail located at 2110 0 Street, Greeley, CO. PROJECT SCOPE: The scope of this project is for replacement of the roof top HVAC units at the Weld County Jail -1 East Housing Unit. Work will include removal & replacement of (9) existing Roof Top Units. Units will include: (8) Package Heating -A/C units and (1) gas fired make -up -air unit. All new units will be replaced with equal to, or better than what is outlined in the specifications below. 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. This will include all scopes outlined in the provided documents, as well as all other associated scopes needed to complete this project. Bids for this work shall include all work, labor, materials, equipment, logistics, warranties associated with this replacement: ATTACHMENTS: • Attachment A: Weld County Project Documents • Attachment B: RTU Specifications-Trane • Attachment C: Roof-RTU Layout • Attachment D: Electrical Panel Schedule PROJECT SPECIFIC TERMS AND CONDITIONS: 1. Contractor shall perform turn -key removal of the old roof top units and installation of the new roof top units. Which will include proper haul off and disposal of units and their contents in a legal and safe manner. 2. All new HVAC Units will be installed with new power exhaust vents. 3. All new HVAC Units will be installed with new electrical disconnects. 4. Currently the existing units are functional and are in service. Contractor will work with County operations to ensure that the scheduling of the removal of the units will not interfere with normal operations. 5. Contractor will be required to have all wiring, wiring harness, building automation control modules, duct work, or any alterations that need to be completed before alt HVAC units are set in place to minimize all down time. 6. Contractor will be responsible for verifying the existing units and their individual specifications, during the pre -bid conference. Below are the model and serial numbers for the associated existing units. Replacements shall meet or exceed the current unit's specifications. All new units will have power exhaust. Existing RTU specifications can also be found in Attachment A of this bid request. a. RTU-17/M POD i. Manufacture: Trane ii. Model: YCD210C4HA iii. Serial: 3031003810 b. RTU-181N POD i. Manufacture: Trane ii. Model: YCD151C41-1A 010 REQUEST#dg4oinw. Page 9 iii. Serial: 303100397D c. RTU-19/0-POD i. Manufacturer: Tease ii. Model: YCD330A4HK2 iii. Serial: CO3A00065 d. RTU 20/R POD i. Manufacturer: Trane ii. Model: YCD330A4FIK2 iii. Serial: CO3A00066 e. RTU-21/S-POD i. Manufacturer: Trane ii. Model: YCD21064HA iii. Serial: 303100399D RTU-22/T-POD i. Manufacturer: Trane ii. Model: YSC120A4RH iii. Serial: 305101350L g. RTU-23/11 Areas i. Manufacturer: Trane ii. Model: YSC120A4RH iii. Seria1:30210135L h. RTU RTU 24/Visitation i. Manufacturer: Trane ii. Model: VCH048A4RH iii. Serial: 302101178L i. MAU RTU-25/Exercise i. Manufacturer: Trane ii. Model: GRAA50PFBF iii. Serial: L03A00157 7. Contractor is responsible for all roof curbs that may be needed to support the new units if existing roof curbs are not feasible or appropriate to be reused with the new units. Curb adapters will be allowed by the county. 8. Contractor is responsible for making all necessary repairs to the roof area where it maybe disturbed or damaged through the removal of existing and install of new RTU's. Including but not limited to all patching, flashing, and sealing as required to maintain the existing roofs warranty. 9. Contractor is responsible for all mechanical, plumbing, and electrical connections that may be needed to complete the replacement of the Nine (9) RTU's to a fully operational and functional system. 10. Contractor is responsible for any penetrations through the roof or any wall surface including any fire rated assembly. 11. Replacement of RTU can be done during business hours. Replacement shall be coordinated with county personnel to minimize downtime. The RTU replacement shall occur during a time when heating and cooling are at the lowest demand. Weld County will have sole discretion and approval of contractors proposed schedule. 12. Contractor nmst provide submittals of proposed equipment before equipment is ordered. Submittals shall include engineer or manufacturer's certification that proposed equipment meets or exceeds the capacities/capabilities of the existing RTU. 13. The County currently operates on a Delta Control System through Set Point Systems and runs on version 4.2. The new RTU's will be required to maintain the same building automation system, and control capabilities. Including all interlocks and their associated control points. New discharge air temperature sensors will be installed down stream of each new roof top unit. Contractor will be BID REQUEST #B2406042 Page 10 responsible to contract & coordinate with Set Point Controls for all new automation controls for the new units. VFD Control System -Points Fan Start/ Stop command. Fan Start/Stop Status Heat 1 On/OffControl Heat 2 On/Off Control Heat Status 1 Heat Status 2 Cool I On/Off Control Cool2 On/Off Control Cool Status 1 Cool Status 2 Outside Air Temp Supply Air Setpoint Supply Air Temp Return Air Temp Mix Air Temp Duct Static Setpoint Control Duct Static Status VFD Command 0% to 100./. Control VFD Status Constant Volume Control System -Points Fan Start / Stop command. Fan Start/Stop Status Heat 1 On/Off Control Heat 2 On/Off Control Heat Status l Heat Status 2 Cool I On/Off Control Cool 2 On/Off Control Cool Status I Cool Status 2 Outside Air Temp Supply Air Setpoint Supply Air Temp Return Air Temp Mix Air Temp Duct Static Setpoint Control Duct Static Status Bypass Damper 0% to 100% Control Bypass Damper Status 14. Contractor will provide a final report showing what the existing RTU's CFM was and what the new RTU's CFM is making sure that the new units are operating equal to the existing units. This testing shall be done by a certified TAB technician. 15. Bidders must provide manufacturers specifications with their bid responses that show the proposed equipment meets the minimum capacities and specifications. 16. Contractor shall provide a 1 -year labor and workmanship warranty and roof top unit shall have a standard manufacturer's warranty. 17. Contractor will provide a maintenance schedule to ensure compliance with all manufacturer's warranty requirements. 18. Work is to be done at a secure facility, therefor everyone that will be on premises either working or not, will need to submit to a background cheek through the Weld County Sheriff's Department prior to being on site. Weld County Facilities Project Manager will coordinate with contractor for the submittal of all authorization forms. 19. 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 contractor. 20. All damages to building structure and finishes shall he repaired to original condition as a part of this contract. 21. All lifting and hoisting equipment shall be provided by the contractor. 22. The projected contract date is expected to be March 4, 2024. Based on this date, provide an expected start and finish date. BID REQUEST00042 Page 11 PROJECT CLOSE OUT: 1. Contractor will provide two (2) paper copies and PDF's which include all changes and or modifications for all affected scopes. This will include but not limited to all redlined drawings, RFI's, or discoveries, or any change from project documents. 2. Contractor will provide all manufacturer's warranty documentation as well as all equipment manuals. 3. Contractor will provide a maintenance schedule for all systems and or equipment as required to maintain all warranties. 4. Contractor will provide a detailed report for all craftsmanship and labor warranties. 5. Contractor will provide formal training as outlined and required by all manufacturer's recommendations, to Weld County's designated staff. This includes but is not limited to Security Electronics, HVAC, and Access Control. 6. Contractor will host a Project Closeout meeting with all contractors, design team, and Weld County personnel associated with this project. 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 insist 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. S. All electrical work will be done bye 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. Ali 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. BID REQUEST#B2i5O0442 Page 12 16. Retainage in the amount of 5% shall be held on all pay requests until the final acceptance of the project. 17. Contractor will be required to provide Professional Liability Insurance (PLI) and builders risk insurance in the amount of the bid. 18. 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. 19. Weld County is a tax-exempt entity. 20. Davis -Bacon and Buy American requirements are NOT required. 21. Contractor will be required to enter a contract with Weld County for this service. A standard Weld County contract is available through the Weld County Purchasing Department and is available for viewing upon request. 22. Contractor will be required to provide pollution liability insurance with the following minimum limits: Per Loss $1,000,000 and Aggregate $1,000,000. SCHEDULE: 1. Contractor is responsible for providing and maintaining a full project schedule as well as a three week look ahead schedule throughout the life of this project. Contractor will have an updated project schedule available upon request. 2. The contractor will host a weekly coordination meeting with all associated contractors, and County representatives. At this time the contractor will provide the three (3) weeks look ahead schedule as well as all applicable updates to the overall project schedule. This will need to be submitted in person at the weekly meeting as well as sent electronically to the County project manager and construction team. Below is the anticipated schedule for this project: Date Of This Bid January 3, 20224 Advertisement Date January 3, 20224 Pre -Bid Conference January 17, 2024 Bid Questions are Due January 24, 2024 Bids Are Due January 31, 2024 Bid Award Notice February 21, 2024 Contract Execution March 4, 2024 Construction Start Immediately upon receipt of signed contract. Construction Finish December 1, 2024 BID REQUEST #82400.042 Page 13 PROPOSED DATES: Please provide proposed schedule dates with the expectation of contract execution being March 4, 2024. Construction Start Construction Complete TOTAL LUMP SUM COST BREAKOUT: 2o2.4 Kii)v3O, 2_o24 Contractor will provide there pricing per the breakout below: DESCRIPTION MECHANICAL ELECTRICAL EQUIPMENT TOTAL LUMP SUM COST LUMP SUM COST $ X38 , Set ss oc) $ 33, oo, .oa $ zqq 1 `0,-- . oa s $21, coo . co BID SUBMITTAL INSTRUCTIONS: The following items must be completed and submitted with your bid on lir'liefoi Aiiebid;'Sitiriin7g diiadliii ofj4OtQQ°AM•on January 31.2024: 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. ,a_ 4te:ia Jude any of the above items upon submittal of your bid may resultin, iour.:bi ilAij t: . It1oo kekkAlityciay bid being rejected. If there are any exclusions or contiriggiiblOS i 6:44feil: g__L'r.6ic nay`tie:c squahfied. BID REQUEST #0l400c42 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;;#B2400042. 2. The quotations set forth herein are exclusive of any federal excise taxes and ail 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 at 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 1.—d,ie'.e l , (kited/1,10(j BY I (Pleasd BUSINESS ADDRESS !Q`I A0(1Q. puN Lv CS. DATE 1(02°24 CI Y, Q jai STATE, gP S CODE TELEPHONE NO a7Q -3 I-jISFAX TAX ID # P4 I57'551 SIGNATURE Wiecitet E-MAIL i Gt.kQ+..5 i A,i 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- ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Kevin Ross, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller PSRFB0323 BID REQUEST #52400042 Page 15 TRAWl' Proposal Proposal is valid for 15 days. Customer must obtain credit approval and release order to production within 60 days of proposal date. PROPRIETARY AND CONFIDENTIAL PROPERTY OF Trane U.S. Inc. DISTRIBUTION TO OTHER THAN THE NAMED RECIPIENT IS PROHIBITED Prepared For: All Bidders Job Name: Weld County North Jail - Phase 2 RTU Replacement Delivery Terms: Freight Allowed and Prepaid - F O B. Factory Date: January 25, 2024 Revised 1.30.24 Proposal Number: V5-239449-15442-1 Payment Terms: Net 30 Days Trane U.S. Inc. is pleased to provide the following proposal for your review and approval. Taa Data - 6- 25 Ton PKGD Precedent Unitary Rooftops (Qty: 5 Tag(s) Qty Description Model Number Item RTU-17, RTU-21 2 6- 25 Rooftop Ton PKGD Precedent Unitary YSJ210A4S0H**D0C0000100B0000000 000000000 Al A2 RTU-18 1 6- 25 Rooftop Ton PKGD Precedent Unitary YSJ 00000000 150A4S0H**D0B0000100B00000000 A3 RTU-22, RTU-23 2 6- 25 Rooftop Ton PKGD Precedent Unitary YSJ 00000000 120A4S0H**D0B0000100B00000000 Product Data - 6- 25 Ton PKGD Precedent Unitary Rooftops All Units DX Cooling / Gas Heat Standard Efficiency R -410A 460/60/3 Symbio 700 Digital display zone sensor (Field Installed) High altitude kit (Field Installed) Powered Exhaust (Field Installed) Item: Al Qty: 2 Tag(s): RTU-17, RTU-21 17.5 Ton High Gas Heat Economizer, DB with Barometric Relief Standard Panels with 2 -in MERV 8 Filter Advanced Controls and BACnet BAS Supply Air Smoke Detector Curb Adapter (Field Installed) Item: A2 Qty: 1 Tag(s): RTU-18 12.5 Ton High Gas Heat Economizer, DB with Barometric Relief Standard Panels with 2 -in MERV 8 Filters Advanced Controls and BACnet BAS Supply Air Smoke Detector Curb Adapter (Field Installed) Q 2024 Trane Technologies All rights reserved Weld County North Jail - Phase 2 RTU Replacement Proposal 01-25-2024.docx Weld County North Jail - Phase 2 RTU Replacement January 25, 2024 Item A3 Qty. 2 Tag(s): RTU-22, RTU-23 10 Ton High Gas Heat Economizer, DB with Barometric Relief Standard Panels with 2 -in MERV B Filters Advanced Controls and BACnet BAS Supply Air Smoke Detector Not Included: Start-up Service, Fault Detection & Diagnostics, Low Leak Economizer Damper, Factory Knockdown Curb, Disconnect Switch(s), Convenience Outlet(s), Hinged Panels, Condenser Complete Coat, Seismic Calc /Tie Downs, Wiring (power controls), Spare Filters/Belts, External Spring Isolation, Extra Refrigerant, Job Permitting, Craning and Rigging, Additional Warranties, Labor Tag Data - Packaged Rooftop, Cooling / Heating Units (Qty: 2) Item B1 Tag(s) RTU-19, RTU-20 Qty 2 Description 27 1/2-50 Ton Packaged Commercial Roofto Model Number YCD330C4H*6B1 CCFA0****GHHB0000*0N00E0000 X 0 Product Data - Packaged Rooftop, Cooling / Heating Units Item B1 Qty 2 Tag(s). RTU-19, RTU-20 Standard Unit US/Canada DX Cooling, natural gas heat Downflow supply and upflow return 27 5 ton 60 Hertz R -410A 460 Volt 60 Hertz 3 Phase High gas heat capacity 100% Power exhaust w/ Stratitrac building pressure control 2" MERV 8 High efficiency, throwaway filters 0-100% Economizer, dry bulb control Multi -speed Fan w/o Bypass & w/ Shaft Grounding Ring Service valves Ventilation override Hinged service access doors Louvered condenser coil hail guards Adv Ctrl & BACnet/Modbus Comm (BCI) 5k SCCR Standard efficiency unit Year 1 Labor Warranty Whole Unit Startup Not Included Fault Detection & Diagnostics, Low Leak Economizer Damper, Factory Knockdown Curb, Disconnect Switch(s), Convenience Outlet(s), Condenser Complete Coat, Seismic Calc /Tie Downs, Wring (power controls), Spare Filters/Belts, External Spring Isolation, Extra Refrigerant, Job Permitting, Craning and Rigging, Additional Warranties, Labor Tag Data - Y4C (Qty: 1) Item C1 Tag(s) RTU-24 Qty Description 3-10 Ton R -410A PKGD Unitary Gas/Elects Model Number YHC048F4RHA**D201000601 B0000000 ,000000000 Product Data - Y4C Item. C1 Qty 1 Tag(s) RTU-24 DX cooling, gas heat High efficiency Convertible configuration 4 Ton 460/60/3 Equipment Proposal Page 2 of 10 Weld County North Jail - Phase 2 RTU Replacement January 25, 2024 Microprocessor controls High gas heat Economizer Dry Bulb 0-100% with Barometric Relief Optional belt drive motor Standard condenser coil w/hail guard BACnet Communications Interface Frostat Supply air smoke detector Digital display zone sensor (Field Installed) Curb Adapter (Field Installed) Powered Exhaust (Field Installed) Not Included: Start-up Service, Fault Detection & Diagnostics, Low Leak Economizer Damper, Factory Knockdown Curb, Disconnect Switch(s), Convenience Outlet(s), BAS Communication Interface, Hinged Panels, Condenser Complete Coat, Seismic Calc./Tie Downs, Wiring (power controls), Spare Filters/Belts, External Spring Isolation, Extra Refrigerant, Job Permitting. Craning and Rigging, Additional Warranties, Labor. - Indirect Fired Gas Heating Units (Outdoor) (Qty: 1 Item Tag(s) Qty Description Model Number D1 MAU-25 1 y , Outdoor Gas Heating Unit (GRAA) , GRAA50PFMF0N7JT305U Product Data - Indirect Fired Gas Heating Units (Outdoor) Item: D1 Qty: 1 Tag(s): MAU-25 Rooftop gas heating unit Standard temperature rise furnace 20 - 60 F (-7 - 16 C) per furnace - left hand 500 MBH input Power venting 460/60/3 main power supply Electronic modulating gas control with external 0 - 10vdc input, furnace 1 Natural gas 409 stainless steel heat exchanger package (all furnace sections) Rooftop arrangement J - High cfm blower with downflow supply plenum 10 HP supply fan motor with magnetic starter Single speed high efficiency open drip proof motor Outside and return air openings with an outside air hood OA/RA modulating dampers with 0 - 10VDC or 4 - 20 mA analog input/spring return Orifices for elevations above 2000' (610 m) Air flow proving switch Supply air firestat Low leak dampers Standard filters 60 amp 460-575/60/3 non -fused disconnect (Field Installed) NOT INCLUDED ARE: Start-up Service, Labor Warranty. Isolation, Smoke Detectors, Spare Filters, Wring (Line Voltage, Controls), BACnet, Convenience Outlet, Spare filters/belts, Craning & Rigging, Powered Exhaust Tax Status: Taxable Exempt O IF EXEMPT PLEASE SUBMIT COMPLETED TAX EXEMPTION CERTIFICATE WITH YOUR SIGNED PROPOSAL OR WITH YOUR PURCHASING DOCUMENTS, KEEP YOUR ORIGINAL ON FILE IN THE OFFICE. YOU WILL BE CHARGED TAX IF A VALID EXEMPTION CERTIFICATE IS NOT ON FILE BEFORE EQUIPMENT, PARTS OR SERVICES ARE PROVIDED. SEE WWW TAXSITES.COM/STATE- LI NKS. HTML FOR TAX FORMS. This proposal and pricing are based on shipment of all products (not including field labor) by no later than 2nd quarter of 2024 year. Equipment Proposal Page 3 of 10 Weld County North Jail - Phase 2 RTU Replacement January 25, 2024 Sincerely, Shelby Felix, Account Manager Irene U.S. Inc. 2416 Donella Ct, Unit D Fort Collins, CO 80524 E-mail: shelby.felix©trane.com Office Phone: (877) 652-9316 Cell: (469) 222-4645 This proposal is subject to your acceptance of the attached Trane terms and conditions. Equipment Proposal Page 4 of 10 Weld County North Jail - Phase 2 RTU Replacement January 25, 2024 TERMS AND CONDITIONS - COMMERCIAL EQUIPMENT "Company" shall mean Trane U.S. Inc. for sales in the United States and Trane Canada ULC for sales in Canada 1. Acceptance. These terns and conditions are an integral part of Company's offer and form the basis of any agreement (the "Agreement") resulting from Company's proposal (the "Proposal") for the sale of the described commercial equipment and arty ancillary services (the "Equipment"). COMPANY'S TERMS AND CONDITIONS AND EQUIPMENT PRICES ARE SUBJECT TO PERIODIC CHANGE OR AMENDMENT. The Proposal is subject to acceptance in writing by the party to whom this offer is made or an authorized agent ('Customer) delivered to Company within 15 days from the date of the Proposal. Prices in the Proposal are subject to change at any time upon notice to Customer. If Customer accepts the Proposal by placing an order, wfthout the addition of any other terms and conditions of sale or any other modification, Customer's order shall be deemed acceptance of the Proposal subject to Company's terms and conditions. If Customers order is expressly conditioned upon Company's acceptance or assent to terms and/or condtions other than those expressed herein, return of such order by Company with Company's terms and conditions attached or referenced serves as Company's notice of objection to Customers terms and as Company's counteroffer to provide Equipment In accordance with the Proposal and the Company's terms and conditions. If Customer does not rejector object in writing to Company within 1O days, Company's counteroffer will be deemed accepted. Notwithstanding anything to the contrary herein, Customers acceptance of the Equipment will in any event constitute an acceptance by Customer of Company's terms and conditions. This Agreement is subject to credit approval by Company. Upon disapproval of credit, Company may delay or suspend performance or, at its option, renegotiate prices and/or terms and conditions with Customer. If Company and Customer are unable to agree on such revisions. this Agreement shall be cancelled without any liability. 2. Connected Services. In addition to these terms and conditions, the Connected Services Terms of Service ("Connected Services Terms.), available at https:l/www.Crane.comlTreneConneotedServicesTenns, as updated from lime to time, are incorporated herein by reference and shall apply to the extent that Company provides Customer with Connected Services, as defined in the Connected Services Teens. 3. Title and Risk of Loss. All Equipment sates with destinations to Canada or the U.S. shall be made as follows: FOB Company's U.S. manufacturing facility or warehouse (full freight allowed). Title and risk of loss or damage to Equipment will pass to Customer upon tender of delivery of such to carrier at Company's U.S. manufacturing facility or warehouse. 4. Pricing and Taxes., Within forty-five (45) days following Customer acceptance of the Proposal without addition of any other terms and conditions of sale or any modification, Customer shall provide notification of release for immediate production at Company's factory. Prices for Equipment are subject to change at any time prior to shipment to reflect any cost increases related to the manufacture, supply, and shipping of Equipment. This includes, but is not limited to, cost increases in raw materials, supplier components, labor, utilities, freight, logistics, wages and benefits, regulatory compliance, or any other eve. beyond Company's oontrol. If shipnent is delayed due to Customers actions, Company may also charge Customer with storage fees. If a release is not received within 6 months following order acceptance, Company reserves the right to cancel any order. Company shall be entitled to equitable adjustments In the contract price to reflect any cost increases as set forth above and will provide notice to Customer prior to the date for which the increased price is to be in effect for the applicable customer contract In no event will prices be decreased. The price of Equipment does not include any present or future foreign, federal, state, or local property, license, privilege. sales, use. excise, value added, gross receipts or other like taxes or assessments. Such amounts will be itemized separately to Customer, who will make prompt payment to Company. Company will accept valid exemption documentation for such taxes and assessments from Customer, if applicable. All prices include packaging in accordance with Company's standard procedures. Charges for special packaging, crating or packing are the responsibility of Customer. 5. Delivery and Delays. Delivery dates are approximate and not guaranteed. Company will use commercially reasonable efforts to deliver the Equipment on or before the estimated delivery date, will notify Customer if the estimated delivery dates cannot be honored, and will deliver the Equipment and services as soon as practicable thereafter. In no event will Company be liable for any damages or expenses caused by delays in delivery. 6. Performance. Company shall be obligated to furnish only the Equipment described in the Proposal and In submittal data (if such data Is issued in connection with the order). Company may rely on the acceptance of the Proposal and submittal data as acceptance of the suitability of the Equipment far the particular project or location. Unless specifically stated in the Proposal, compliance with any local building codes or other laws or regulations relating to specifications or the location, use or operation of the Equipment is the sole responsibility of Customer. If Equipment is tendered that does not fully comply with the provisions of this Agreement and Equipment is rejected by Customer, Company will have the right to cure within a reasonable time after notice thereof by substituting a conforming tender whether or not the time for performance has passed. 7. Force Majeure. Company's duty to perform under this Agreement and the Equipment prices are contingent upon the non-occurrence of an Event of Force Majeure. If the Company shall be unable to carry out any material obligation under this Agreement due to an Event of Force Majeure, this Agreement shall at Company's election (i) remain in effect but Company's obligations shall be suspended until the uncontrollable event terminates or (ii) be terminated upon 10 days' notice to Customer, in which event Customer shall pay Company for all parts of the Work furnished to the date of termination. An "Event of Force Majeure" shall mean any cause or event beyond the control of Company. Without limiting the foregoing, "Event of Force Majeure" includes: acts of God; acts of terrorism, war or the public enemy; flood; earthquake; tornado; stone; fire; civil disobedience; pandemic insurrections; riots; labofiabour disputes; labor/labour or material shortages; sabotage; restraint by court order or public authority (whether valid or invalid); and action or non -action by or inability to obtain or keep in force the necessary governmental authorizations, permits, licenses, certificates or approvals if not caused by Company; and the requirements of any applicable government in any manner that diverts either the material or the finished product to the direct or indirect benefit of the government. 8. Limited Warranty. Company warrants the Equipment manufactured by Company fora period of the lesser of 12 months from initial start-up or 18 months from date of shipment, whichever is less, against failure due to defects in material and manufacture and that it has the capacities and ratings set forth in Company's catalogs and bulletins ("Warranty'). Equipment manufactured by Company that includes required start-up and sold in North America will not be warranted by Company unless Company performs the Equipment startup. Exclusions from this Warranty include damage or failure arising from: wear and tear, corrosion, erosion, deterioration; modifications made by others to the Equipment; repairs or alterations by a party other than Company that adversely affects the stability or reliability of the Equipment: vandalism; neglect; accident; adverse weather or environmental conditions; abuse or improper use; improper installation; commissioning by a party other than Company; unusual physical or electrical or mechanical stress; operation with any accessory, equipment or part not specifically approved by Company: refrigerant not supplied by Company; and/or lack of proper maintenance as recommended by Company. Company shall not be obligated to pay for the cost of lost refrigerant or lost product Company's obligations and liabilities under this Warranty are limited to furnishing replacement equipment or parts, at its option, FCA (Incoterms 2000) factory or warehouse (f.o.b. factory or warehouse for US domestic purposes) at Company -designated shipping point freight -allowed to Company's warranty agent's stock location. for all non- conforming Company -manufactured Equipment (which have been returned by Customer to Company). Returns must have prior written approval by Company and are subject to restocking charge where applicable. Equipment, material and/or parts that are not manufactured by Company ('Third -Party Product(sr) are not warranted by Company and have such warranties as may be extended by the respective manufacturer. CUSTOMER UNDERSTANDS THAT COMPANY IS NOT THE MANUFACTURER OF ANY THIRD -PARTY PRODUCT(S) AND ANY WARRANTIES, CLAIMS, STATEMENTS, REPRESENTATIONS, OR SPECIFICATIONS ARE THOSE OF THE THIRD -PARTY MANUFACTURER, NOT COMPANY AND CUSTOMER IS NOT RELYING ON ANY WARRANTIES, CLAIMS, STATEMENTS, REPRESENTATIONS, OR SPECIFICATIONS REGARDING THE THIRD -PARTY PRODUCT THAT MAY BE PROVIDED BY COMPANY OR ITS AFFILIATES, WHETHER ORAL OR WRITTEN. COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE.ADDITIONALLY, COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND REGARDING PREVENTING., ELIMINATING, REDUCING OR INHIBITING ANY MOLD, FUNGUS, BACTERIA, VIRUS, MICROBIAL GROWTH, OR ANY OTHER CONTAMINANTS (INCLUDING COVID-19 OR ANY SIMILAR VIRUS) (COLLECTIVELY, "CONTAMINANTS'), WHETHER INVOLVING OR IN CONNECTION WITH EQUIPMENT, ANY COMPONENT THEREOF, SERVICES OR OTHERWISE. IN NO EVENT SHALL COMPANY HAVE ANY UABILITY FOR THE PREVENTION, ELIMINATION, REDUCTION OR INHIBITION OF THE GROWTH OR SPREAD OF SUCH CONTAMINANTS INVOLVING OR IN CONNECTION WITH ANY EQUIPMENT, THIRD - PARTY PRODUCT, OR ANY COMPONENT THEREOF, SERVICES OR OTHERWISE AND CUSTOMER HEREBY SPECIFICALLY ACKNOWLDGES AND AGREES THERETO. No warranty liability whatsoever shall attach to Company until Customer's complete order has been paid for in full and Company's liability under this Warranty shall be limited to the purchase price of the Equipment shown to be detective. Additional warranty protection Is available on an extra -cost basis and must be in writing and agreed to by an authorized signatory of the Company. EXCEPT FOR COMPANY'S WARRANTY EXPRESSLY SET FORTH HEREIN, COMPANY DOES NOT MAKE, AND HEREBY EXPRESSLY DISCLAIMS, ANY WARRANTIES, EXPRESS OR IMPLIED CONCERNING ITS PRODUCTS, EQUIPMENT OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF DESIGN, MERCHANTABILITY OR OF FITNESS FORA PARTICULAR PURPOSE, OR OTHERS THAT ARE ALLEGED TO ARISE FROM COURSE OF DEALING OR TRADE. 9. Indemnity. To the fullest extent permitted by law, Company and Customer shall indemnify, defend and hold harmless each other from any and all claims, actions, costs. expenses, damages and liabilities. including reasonable attorneys' fees, resulting from death or bodily injury or damage to real or personal property, to the extent caused by the negligence or misconduct of their respective employees or other authorized agents in connection with their activities within the scope of this Agreement. Neither party shall indemnify the other against claims, damages, expenses or liabilities to the extent attributable to the acts or omissions of the other party. If the parties are both at fault, the obligation to indemnify shall be proportional to their relative fault. The duty to indemnity will continue in full force and effect, notwithstanding the expiration or early termination hereof, with respect to any claims based on facts or conditions that occurred prior to expiretion or termination. 10. Insurance. Upon request, Company will furnish evidence of its standard insurance coverage. If Customer has requested to be named as an additional insured under Company's insurance policy, Company will do so but only subject to Company's manuscript additional insunad endorsement under its primary Commercial General Liability policies. In no event does Company waive any rights of subrogation. Equipment Proposal Page 5 of 10 Weld County North Jail - Phase 2 RTU Replacement January 25, 2024 11. Customer Breach. Each of the following events or conditions shall constitute a breach by Customer and shall give Company the right, without an election of remedies, to terminate this Agreement, require payment prior to shipping, or suspend performance by delivery of written notice: (1) Any failure by Customer to pay amounts when due; (2) any general assignment by Customer for the benefit of its creditors, or if Customer becomes bankrupt or insolvent or takes the benefit of any statute for bankrupt or insolvent debtors, or makes or proposes to make any proposal or arrangement with creditors, or if any steps are taken for the winding up or other termination of Customer or the liquidation of its assets, or if a trustee, receiver, or similar person is appointed over any of the assets or interests of Customer; (3) Any representation or warranty furnished by Customer in connection with this Agreement is false or misleading in any material respect when made; or (4) Any failure by Customer to perform or comply with any material provision of this Agreement. Customer shall be liable to the Company for all Equipment furnished and all damages sustained by Company (including lost profit and overhead). 12. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT CONSEQUENTIAL, PUNITIVE, EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION REFRIGERANT LOSS, BUSINESS INTERRUPTION, LOST DATA, LOST REVENUE, LOST PROFITS),OR CONTAMINANTS LIABILITIES, EVEN IF A PARTY HAS BEEN ADVISED OF SUCH POSSIBLE DAMAGES OR IF SAME WERE REASONABLY FORESEEABLE AND REGARDLESS OF WHETHER THE CAUSE OF ACTION IS FRAMED IN CONTRACT, NEGLIGENCE, ANY OTHER TORT, WARRANTY, STRICT LIABILITY, OR PRODUCT LIABILITY. In no event will Company's liability in connection with the provision of products or services or otherwise under this Agreement exceed the entire amount paid to Company by Customer under this Agreement 13. CONTAMINANTS LIABILITY The transmission of COVIO-19 may occur in a variety of ways and circumstances, many of the aspects of which are currently not known. HVAC systems, products, services and other offerings have not been tested for their effectiveness in reducing the spread of COVID-19, including through the air in closed environments. IN NO EVENT WILL COMPANY BE LIABLE UNDER THIS AGREEMENT OR OTHERWISE FOR ANY INDEMNIFICATION, ACTION, OR CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE, FOR ANY BODILY INJURY (INCLUDING DEATH), DAMAGE TO PROPERTY, OR ANY OTHER LIABILITIES, DAMAGES OR COSTS RELATED TO CONTAMINANTS (INCLUCING THE SPREAD, TRANSMISSION, MITIGATION, ELIMINATION, OR CONTAMINATION THEREOF) (COLLECTIVELY, "CONTAMINANTS LIABILITIES") AND CUSTOMER HEREBY EXPRESSLY RELEASES COMPANY FROM ANY SUCH CONTAMINANTS LIABILITIES. 14. Nuclear Liability. In the event that the Equipment sold hereunder is to be used in a nuclear facility, Customer will, prior to such use, arrange for insurance or governmental indemnity protecting Company against all liability and hereby releases and agrees to indemnify Company and its suppliers for any nuclear damage, including loss of use, in any manner arising out of a nuclear incident, whether alleged to be due, in whole or in part to the negligence or otherwise of Company or its suppliers. 15. Intellectual Property; Patent Indemnity. Company retains all ownership, license and other rights to all patents, trademarks, copyrights, trade secrets and other intellectual property rights related to the Equipment, and, except for the right to use the Equipment sold, Customer obtains no rights to use any such intellectual property Company agrees to defend any suit or proceeding brought against Customer so far as such suitor proceeding is solely based upon a claim that the use of the Equipment provided by Company constitutes infringement of any patent of the United States of Amerce, provided Company is promptly notified in writing and given authority, information and assistance for defense of same. Company will, at its option, procure for Customer the right to continue to use said Equipment, or modify it so that it becomes non -infringing, o replace same with non -infringing Equipment, or to remove said Equipment and to refund the purchase price. The foregoing will not be construed to include any Agreement by Company to accept any liability whatsoever in respect to patents for inventions including more than the Equipment furnished hereunder, or in respect of patents for methods and processes to be carried out with the aid of said Equipment. The provision of Equipment by Company does not convey any license, by implication, estoppel, or otherwise, under patent claims covering combinations of said Equipment with other devices or elements. The foregoing states the entire liability of Company with regard to patent infringement Notwithstanding the provisions of this paragraph, Customer will hold Company harmless against any expense or loss resulting from infringement of patents or trademarks arising from compliance with Customer's designs or specifications or instructions. 16. Cancellation. Equipment is specially manufactured in response to orders. An order placed with and accepted by Company cannot be delayed, canceled, suspended, or extended except with Company's written consent and upon written terms accepted by Company that will reimburse Company for and indemnify Company against loss and provide Company with a reasonable profit for its materials, time, labor, services, use of facilities and otherwise. Customer will be obligated to accept any Equipment shipped, tendered for delivery or delivered by Company pursuant to the order prior to any agreed delay, cancellation, suspension or extension of the order. Any attempt by Customer to unilaterally revoke, delay or suspend acceptance for any reason whatever after it has agreed to delivery of or accepted any shipment shall constitute a breach of this Agreement. For purposes of this paragraph, acceptance occurs by any waiver of inspection, use or possession of Equipment, payment of the invoice, or any indication of exclusive control exercised by Customer. 17. Invoicing and Payment. Unless otherwise agreed to in writing by Company, equipment shall be invoiced to Customer upon tender of delivery thereof ►o the carrier. Customer shall pay Company's invoices within net 30 days of shipment date. Company reserves the right to add to any account outstanding for more than 30 days a service charge equal to the lesser of the maximum allowable legal interest rate or 1.5% of the principal amount due at the end of each month. Customer shall pay all costs (including attorneys' fees) incurred by Company in attempting to collect amounts due and ot.rwise enforcing these terms and conditions. If requested, Company will provide appropriate lien waivers upon receipt of payment. Company may at any time decline to ship, make delivery or perform work except upon receipt of cash payment, letter of credit, or security, or upon other terms and conditions satisfactory to Company. Customer agrees that, unless Customer makes payment in advance, Company will have a purchase money security interest in all Equipment to secure payment in full of all amounts due Company and its order for the Equipment, together with these terns and conditions, forma security agreement (as defined by the UCC in the United States and as defined in the Personal Property Security Actin Canada). Customer shall keep the Equipment free of all taxes and encumbrances, shall not remove the Equipment from its original installation point and shall not assign or transfer any interest in the Equipment until all payments due Company have been made. The purchase money security interest granted herein attaches upon Company's acceptance of Customer's order and on receipt of the Equipment described in the accepted Proposal but prior to its installation. The parties have no agreement to postpone the time for attachment unless specifically noted in writing on the accepted order. Customer will have no rights of set off against any amounts, which become payable to Company under this Agreement or otherwise. 18. Claims. Company will consider claims for concealed shortages in shipments or rejections due to failure to conform to an order only if such claims or rejections are made in writing within 15 days of delivery and are accompanied by the packing list and, if applicable, the reasons in detail why the Equipment does not conform to Customer's order. Upon receiving authorization and shipping instructions from authorized personnel of Company, Customer may return rejected Equipment, transportation charges prepaid, for replacement. Company may charge Customer any costs resulting from the testing, handling, and disposition of any Equipment returned by Customer which are not found by Company to be nonconforming. All Equipment damaged during shipment and all claims relating thereto must be made with the freight carrier in accordance with such carrier's policies and procedures. Claims for Equipment damaged during shipment are not covered under the warranty provision stated herein. 15. Export Laws. The obligation of Company to supply Equipment under this Agreement is subject to the ability of Company to supply such items consistent with applicable laws and regulations of the United States and other governments. Company reserves the right to refuse to enter into or perform any order, and to cancel any order, under this Agreement if Company 'nit sole discretion determines that performance of the transaction to which such order relates would violate any such applicable law or regulation. Customer will pay all handling and other similar costs from Company's factories including the costs of freight, insurance, export clearances, import duties and taxes. Customer will be .exporter of record" with respect to arty export from the United States of America and will perform all compliance and logistics functions in connection therewith and will also comply with all applicable laws, rules and regulations. Customer understands that Company and/or the Equipment are subject to laws and regulations of the United States of America which may require licensing or authorization for and/or prohibit export, re-export or diversion of Company's Equipment to certain countries, and agrees it will not knowingly assist or participate in any such diversion or other violation of applicable United States of America taws and regulations. Customer agrees to told harmless and indemnify Company for any damages resulting to Customer or Company from a breach of this paragraph by Customer. 20. General. Except as provided below, to the maximum extent provided by law, this Agreement Is made and shall be interpreted and enforced in accordance with the laws of the state of New York for Equipment shipped to a U.S. location and the laws of the province to which Equipment is shipped within Canada, without regard to its conflict of law principles that might otherwise call for the application of a different state's or province's law, and not including the United Nations Convention on Contracts for the International Sale of Goods. Any action or suit arising out of or related to this Agreement must be commenced within one year otter the cause of action has accrued. To the extent the Equipment is being used at a site owned and/or operated by any agency of the Federal Government determination of any substantive issue of law shall be according to the Federal common law of Government contracts as enunciated and applied by Federal judicial bodies and boards of contract appeals of the Federal Government ThisAgreement contains all of the agreements, representations and understandings of the parties and supersedes all previous understandings, commitments or agreements, oral or written, related to the subject matter hereof. This Agreement may not be amended, modified or terminated except by a writing signed by the parties hereto. No documents shall be incorporated herein by reference except to the extent Company is a signatory thereon_ If any term or condition of this Agreement is invalid, illegal or incapable of being enforced by any rule of law, all other terms and conditions of this Agreement will nevertheless remain intuit force and effect as long as the economic or legal substance of the transaction contemplated hereby is not affected in a manner adverse to any party hereto. Customer may not assign, transfer, or convey this Agreement, or any part hereof, or its right, title or interest he., without the wrifen consent of the Company. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of Customer's permitted successors and assigns. This Agreement may be executed in several counterparts, each of which when executed shalt be deemed to be an original, but all together shall constitute but one and the same Agreement. A fully executed facsimile copy hereof or the several counterparts shall suffice as an original. 21. Equal Employment Opportunity/Affirmative Action Clause. Company is a federal contactor that complies fully with Executive Order 11246, as amended, and the applicable regulations contained in 41 C.F.R. Parts 60-1 through 60-60, 29 U.S.C. Section 793 and the applicable regulations contained in 41 C.F.R. Part 60-741; and 38 Equipment Proposal Page 6 of 10 Weld County North Jail - Phase 2 RTU Replacement January 25, 2024 U.S.C. Section 4212 and the applicable regulations contained in 41 C.F.R. Part 60-250 Executive Order 13498 and Section 29 CFR 471, appendix A to subpart A. regarding the notice of employee rights in the United States and with Canadian Charter of Rights and Freedoms Schedule B to the Canada Act 1982 (U.K.) 1982, C. 11 and applicable Provincial Human Rights Codes and employment law in Canada. 22. U.S. Government Work. The following provision applies only to direct sales try Company to the US Government. The Parties acknowledge that Equipment ordered and delivered under this Agreement are Commercial Items as defined under Part 12 of the Federal Acquisition Regulation (FAR). In particular, Company agrees to be bound only by those Federal contracting clauses that apply to'eommerciat suppliers and that are contained in FAR 52.212-5(a)(1). The following provision applies only to indirect sales by Company to the US Government Asa Commercial Item Subcontractor, Company accepts only the following mandatory flow down provisions: 52.219.8; 52.222-28; 52.222-35: 52.222.38; 52.222-39; 52.24784. If the sale of the Equipment is in connection with a U.S. Government contract. Customer certifies that it has provided and will provide current. accurate, and complete Information, representations and certifications to all government officials, indudtng but not limited to the contracting officer and officials of the Small Business Administration, on all matters related to the prime contract. including but not limited to all aspects of its ownership. eligibility, and performance. Anything herein notwithstanding, Company will have no obligations to Customer unless and until Customer provides Company with a true. coned and complete executed copy of the prime contract. Upon request. Customer will provide copies to Company of all requested written communications with any government official related to the prime contract prior to or concurrent with the execution thereof, including but not limited ha any communications related to Customer's ownership. eligibility or performance of the prime contract Customer will obtain written authorization and approval from Company prior to providing any government offldal any information about Company's performance of the work that is the subject of the Proposal or this Agreement, other than the Proposal or this Agreement. 23. Limited Waiver of Sovereign Immunity. If Customer is an Indian tribe (in the U.S.) or a First Nation or Band Council (in Canada), Customer, whether acting In its capacity as a government, governmental entity, a duly organized corporate entity or otherwise, for itself and for its agents, successors, and assigns: (1) hereby provides this limited waiver of its sovereign immunity as to any damages. claims, lawsuit, or cause of action (herein 'Action') brought against Customer by Company and arising or alleged to arise out of the furnishing by Company of any product or service under this Agreement, whether such Action i5 based in contract, tor, strict liability, civil liability or any other legal theory; (2) agrees that jurisdiction and venue for any such Action shall be proper and valid (a) if Customer is in the U.S., in any state or United States court located in the state in which Company is performing this Agreement or (b) if Customer is in Canada, In the superior court of the province or territory in which the work was performed; (3) expressly consents to such Action, and waives any objection to jurisdiction or venue; (4) waives any requirement of exhaustion of tribal court or administrative remedies for any Action arising out of or related to this Agreement; and (5) expressly acknowledges and agrees that Company is not subject to the jurisdiction of Customer's tribal court or any similar tribal forum, that Customer will not bring any action against Company in tribal court, and that Customer will rot avail itself of any ruling or direction of the tribal court permitting or directing it to suspend its payment or other obligations under this Agreement The individual signing on behalf of Customer warrants and represents that such individual Is duly authorized to provide this waiver and enter into this Agreement and that this Agreement constitutes the valid and legally binding obligation of Customer, enforceable in accordance with its terms. 1-26.130-4 (0822) Supersedes 1-26.130-4(1221b) Equipment Proposal Page 7 of 10 Weld County North Jail - Phase 2 RTU Replacement January 25, 2024 SECURITY ADDENDUM This Addendum shall be applicable to the sale, installation and use of Trane equipment and the sale and provision of Trane services. "Trane" shall mean Trane U.S. Inc. for sales and services in the United States, or Trane Canada ULC for sales and services in Canada. 1. Definitions. All terms used in this Addendum shall have the meaning specified in the Agreement unless otherwise defined herein. For the purposes of this Addendum, the following terms are defined as follows: "Customer Data" means Customer account information as related to the Services only and does not include HVAC Machine Data or personal data. Trane does not require, nor shall Customer provide personal data to Trane under the Agreement. Such data is not required for Trane to provide its Equipment and/or Services to the Customer. "Equipment" shall have the meaning set forth in the Agreement. "HVAC Machine Data" means data generated and collected from the product or fumished service without manual entry. HVAC Machine Data is data relating to the physical measurements and operating conditions of a HVAC system, such as but not limited to, temperatures, humidity, pressure, HVAC equipment status. HVAC Machine Data does not include Personal Data and, for the purposes of this agreement, the names of users of Trane's controls products or hosted applications shall not be Personal Data, if any such user chooses to use his/her name(s) in the created accounts within the controls product (e.g., firstname.lastname@address.com). HVAC Machine Data may be used by Trane: (a) to provide better support services and/or products to users of its products and services; (b) to assess compliance with Trans terms and conditions; (c) for statistical or other analysis of the collective characteristics and behaviors of product and services users; (d) to backup user and other data or information and/or provide remote support and/or restoration; (e) to provide or undertake: engineering analysis; failure analysis; warranty analysis; energy analysis; predictive analysis; service analysis; product usage analysis; and/or other desirable analysis, including, but not limited to, histories or trends of any of the foregoing; and (f) to otherwise understand and respond to the needs of users of the product or furnished service. "Personal Data" means data and/or information that is owned or controlled by Customer, and that names or identifies, or is about a natural person, such as: (i) data that is explicitly defined as a regulated category of data under any data privacy laws applicable to Customer; (ii) non-public personal information ("NPI") or personal information ("PI"), such as national identification number, passport number, social security number, social insurance number, or driver's license number; (iii) health or medical information, such as insurance information, medical prognosis, diagnosis information, or genetic information; (iv) financial information, such as a policy number, credit card number, and/or bank account number; (v) personally identifying technical information (whether transmitted or stored in cookies, devices, or otherwise), such as IP address, MAC address, device identifier, International Mobile Equipment Identifier ("IMEI"), or advertising identifier, (vi) biometric information; and/or (vii) sensitive personal data, such as, race, religion, marital status, disability, gender, sexual orientation, geolocation, or mother's maiden name. "Security Incident" shall refer to (i) a compromise of any network, system, application or data in which Customer Data has been accessed or acquired by an unauthorized third party; (ii) any situation where Trane reasonably suspects that such compromise may have occurred; or (iii) any actual or reasonably suspected unauthorized or illegal Processing, loss, use, disclosure or acquisition of or access to any Customer Data. "Services" shall have the meaning set forth in the Agreement. 2. HVAC Machine Data; Access to Customer Extranet and Third Party Systems. If Customer grants Trane access to HVAC Machine Data via web portals or other non-public websites or extranet services on Customer's or a third party's website or system (each, an "Extranet"), Trans will comply with the following: Accounts. Trane will ensure that Trane's personnel use only the Extranet account(s) designated by Customer and will require Trane personnel to keep their access credentials confidential. b. Systems. Trane will access the Extranet only through computing or processing systems or applications running operating systems managed by Trane that include: (i) system network firewalls; (ii) centralized patch management; (iii) operating system appropriate anti-malware software; and (iv) for portable devices, full disk encryption. c. Restrictions. Unless otherwise approved by Customer in writing, Trane will not download, mirror or permanently store any HVAC Machine Data from any Extranet on any medium, including any machines, devices or servers. d. Account Termination. Trane will terminate the account of each of Trane's personnel in accordance with Trane's standard practices after any specific Trane personnel who has been authorized to access any Extranet (1) no longer needs access to HVAC Machine Data or (2) no longer qualifies as Trane personnel (e.g., the individual leaves Trane's employment). e. Third Party Systems. Trane will provide Customer prior notice before it uses any third party system that stores or may otherwise have access to HVAC Machine Data, unless (1) the data is encrypted and (2) the third party system will not have access to the decryption key or unencrypted "plain text" versions of the HVAC Machine Data. 3. Customer Data; Confidentiality. Trane shall keep confidential, and shall not access or use any Customer Data and information that is marked confidential or by its nature is considered confidential ("Customer Confidential Information") other than for the purpose of providing the Equipment and Services, and will disclose Customer Confidential Information only: (i) to Trane's employees and agents who have a need to know to perform the Services, (ii) as expressly permitted or instructed by Customer, Equipment Proposal Page 8 of 10 Weld County North Jail - Phase 2 RTU Replacement January 25, 2024 or (iii) to the minimum extent required to comply with applicable law, provided that Trane (1) provides Customer with prompt written notice prior to any such disclosure, and (2) reasonably cooperate with Customer to limit or prevent such disclosure. 4. Customer Data: Compliance with Laws. Trane agrees to comply with laws, regulations governmental requirements and industry standards and practices relating to Trane's processing of Customer Confidential Information (collectively, "Laws"). 5. Customer Data: Information Security Management. Trane agrees to establish and maintain an information security and privacy program, consistent with applicable HVAC equipment industry practices that complies with this Addendum and applicable Laws ('information Security Program"). The Information Security Program shall include appropriate physical, technical and administrative safeguards, including any safeguards and controls agreed by the Parties in writing, sufficient to protect Customer systems, and Customer's Confidential Information from unauthorized access, destruction, use, modification or disclosure. The Information Security Program shall include appropriate, ongoing training and awareness programs designed to ensure that Trane's employees and agents, and others acting on Trane's, behalf are aware of and comply with the Information Security Program's policies, procedures, and protocols. 6. Monitoring. Trane shall monitor and, at regular intervals consistent with HVAC equipment industry practices, test and evaluate the effectiveness of its Information Security Program. Trane shall evaluate and promptly adjust its Information Security Program in light of the results of the testing and monitoring, any material changes to its operations or business arrangements, or any other facts or circumstances that Trane knows or reasonably should know may have a material impact on the security of Customer Confidential Information, Customer systems and Customer property. 7. Audits. Customer acknowledges and agrees that the Trane SOC2 audit report will be used to satisfy arty and all audit/inspection requests/requirements by or on behalf of Customer. Trane will make its SOC2 audit report available to Customer upon request and with a signed nondisclosure agreement. 8. Information Security Contact. Trane's information security contact is Local Sales Office. 9. Security Incident Management. Trane shall notify Customer after the confirmation of a Security Incident that affects Customer Confidential Information, Customer systems and Customer property. The written notice shall summarize the nature and scope of the Security Incident and the corrective action already taken or planned. 10. Threat and Vulnerability Management. Trane regularly performs vulnerability scans and addresses detected vulnerabilities on a risk basis. Periodically, Trane engages third -parties to perform network vulnerability assessments and penetration testing. Vulnerabilities will be reported in accordance with Trane's cybersecurity vulnerability reported process. Trane periodically provides security updates and software upgrades. 11. Security Training and Awareness. New employees are required to complete security training as part of the new hire process and receive annual and targeted training (as needed and appropriate to their role) thereafter to help maintain compliance with Security Policies, as well as other corporate policies, such as the Trane Code of Conduct. This includes requiring Trane employees to annually re -acknowledge the Code of Conduct and other Trane policies as appropriate. Trane conducts periodic security awareness campaigns to educate personnel about their responsibilities and provide guidance to create and maintain a secure workplace. 12. Secure Disposal Policies. Policies, processes, and procedures regarding the disposal of tangible and intangible property containing Customer Confidential Information so that wherever possible, Customer Confidential Information cannot be practicably read or reconstructed. 13. Logical Access Controls. Trane employs internal monitoring and logging technology to help detect and prevent unauthorized access attempts to Trane's corporate networks and production systems. Trane's monitoring includes a review of changes affecting systems' handling authentication, authorization, and auditing, and privileged access to Trane production systems. Trane uses the principle of "least privilege" (meaning access denied unless specifically granted) for access to customer data. 14. Contingency Plannina/Disaster Recovery. Trane will implement policies and procedures required to respond to an emergency or other occurrence (i.e. fire, vandalism, system failure, natural disaster) that could damage Customer Data or any system that contains Customer Data. Procedures include the following (i) data backups; and (ii) formal disaster recovery plan. Such disaster recovery plan is tested at least annually. 15. Return of Customer Data. If Trane is responsible for storing or receiving Customer Data, Trane shall, at Customer's sole discretion, deliver Customer Data to Customer in its preferred format within a commercially reasonable period of time following the expiration or earlier termination of the Agreement or, such earlier time as Customer requests, securely destroy or render unreadable or undecipherable each and every original and copy in every media of all Customer's Data in Trane's possession, custody or control no later than [90 days] after receipt of Customers written instructions directing Trane to delete the Customer Data. Equipment Proposal Page 9 of 10 Weld County North Jail - Phase 2 RTU Replacement January 25, 2024 16. Background checks Trane shall take reasonable steps to ensure the reliability of its employees or other personnel having access to the Customer Data, including the conducting of appropriate background and/or verification checks in accordance with Trane policies. 17. DISCLAIMER OF WARRANTIES. EXCEPT FOR ANY APPLICABLE WARRANTIES IN THE AGREEMENT, THE SERVICES ARE PROVIDED "AS IS", WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT AS TO SUCH SERVICES SHALL BE WITH CUSTOMER. TRANE DISCLAIMS ANY AND ALL OTHER EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICES AND THE SERVICES PROVIDED HEREUNDER, INCLUDING ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE SERVICES WILL OPERATE ERROR -FREE OR UNINTERRUPTED OR RETURN/RESPONSE TO INQUIRIES WITHIN ANY SPECIFIC PERIOD OF TIME. November 2023 Equipment Proposal Page 10 of 10 Lakeside Mechanical Service Inc. 1008 Engleman Place - Loveland, CO 80538 (970) 391-4915 - Fax (970) 663-5123 January 30, 2024 Weld County Weld County Jail 2110 O Street Greeley, CO Re: Weld County Jail -1 East RTU's Thank you for the opportunity to submit this proposal to perform the work detailed on Bid Request #B2400042. Scope of Work: Remove and replace 8 RTU's and 1 MUA 3 crane work days Proper refrigerant and system disposal TAB before and after report of readings Tie in smoke dampers to existing wiring Setpoint Systems and Delta Controls tie in 1 year labor and workmanship warranty Payment and Performance Bond Exclusions: Work not called out in Project Specific Terms and Conditions Mechanical: $188,595.00 Electrical: $33,000.00 Equipment: $299,405.00 Total Cost: $521,000.00 Sincerely, Terry Heckman Lakeside Mechanical Service, Inc. Acceptance of Proposal: The above price, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Date of Acceptance: Signature: Form W-9 (Rev, Ou1005r 2015) Waren.%of the Teasley Internet Revenue Sere= a;? H o m Request for Taxpayer Identification Number and Certification ► Go to www.ira.gov/FormW9 for instructions and the latest information. 1 Name (as shown on your income tax return). Name is required on this ane: do not lave this Imo blank. LAKESIDE MECHANICAL SERVICE, INC. 2 9osfnses nemeldlsregarded entity name, a dab:rent from above Give Form to the requester. Do not send to the IRS. 3 Check appropriate box for federal tax classification of the person whose name is entered on line I. Cheek only one of the knowing seven boxes. ❑ ...due.. proprietor or O c Corporation D S Corporation O Partnership O Trustiestate single -member LLC Q Limited liability company. Enter the tee etassikettOn (C_C corporation, S=S corporation. P=Partnership) ► Note Check art appropriate box In ear arm above nor rho rex dessa0ten of the sklgte-member owner. ou not cheek LLC a the LLC is claw. as a single -mew LLC that Is disregarded from the owner unless the owner of the LLC Is another LLC Mails not disregarded Gorr the owner for U.S. federal tax purposes Mervrise. a singteamember LLC that is disregarded hero the owner should check the appropriate box for the tae classification of its Owner. ❑ Other (see Insbvations) ► e fktdress(nueber, street, and apt. or suns no.) See tnstructlons. 1008 ENGLEMAN PLACE 6 City, state. and ZIP tale LOVELAND, CO 80538 7 List account numbegs) here (optional) r 4 Exemptions (codes apply only to certain entitles, not Individuals: see instnrclbns on page Exempt payee coca ft► .. Exemption from FATCA reporting code Nam} r..,0xcanamwvAte0V eemuuse Requesters nerve and address (ePaonali Min Taxpayer Identification Number (TEN) Enter your TIN in the appropriate box. The TIN provided must match the name given on tine 1 to avoid backup withholdng. For individuals. this is generally your social security number (SSN). However. for a resident alien. sole proprietor, or disregarded entity, see the Instructions for Part 1, later. For other entities. It is your employer identification number (EIN). If you do not have a number, see Now to get a T7N, later. Note: if the account is in more than one name. see the instructions for Mel. Also see What Name and Number To Dine the Requester for guidelines on whose number to enter. i Social sauudtynumber I I Employer Identification number 8 4 I I 71 .1 31 II DM Certification Under penalties of perjury. I certify that: 1. The number shown on this form Is my correct taxpayer Identification number (or I am waiting fora number to be issued to me): and 2. I am not subject to backup withholding because: (a) l am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that t am subject to backup withholding as a result ore (allure to report all interest or dividends. or (c) the IRS has notified me that I am no longer subject to backup withholding: and 3.1 am a U.S. citizen or other U.S. person (defined below): and 4. The FATCA code(s) entered on this form (It any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup wit hhokfing because you have felled to 'epode. interest and dividends on your tax return. Formal estate transactions, item 2 does not apply. For mortgage interest paid. acquisition or abandonment of secured property, cancellation of debt, contributions to an irtdwiduat rethement arrangement ORA), and generally, payments other than inteest rend dividends, you are not required to stgn oe cenificatlon. but you oust provide your correct TIN. See the instructions for Part II. later. fin9 Signature of r yl Here U.S. parson ► tr � 6� .r? )�,;�.{..f�...�PYt.'L r�..� General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and Its instructions, such as legislation enacted after they were published, go to wwwirs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who Is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number ISSN), individual taxpayer identification number (MN), adoption ' taxpayer identification number (ATIN), or employer identification number (SIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include. but are not limited to, the following. • Form 1099-INT (interest earned or paid) Date ► / /jj /0 q • Form 1099-OIV (dividends, including those from stocks or mutual funds) • Ferro 1099-MISC (various types of income, prizes. awards. or gross proceeds) • Form 1099-8 (stock or mutual fund safes and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest). 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form WA only if -you area U.S. person (including a resident alien), to provide your correct TIN. if you do not return Form W-9 to the requester wirrt a AN, you might be subject to backup withholding. See What is backup withholding. Eater: C. No. 10231X Form W-9 (Rev. 10-2010) JAIL 1 EAST RTU REPLACEMENT B24OOO42- QUESTION & ANSWERS 1. Question: Do you need mechanical and electrical drawings for permit before the RTUs can be replaced? We do mechanical, electrical, and plumbing drawings and partner with mechanical contractors to do design/build projects. If you're looking for more efficient systems, than existing, as listed in the request for bid, we can analyze the submittals for a more engineered, solution that meets the current code requirements. Answer: No mechanical drawings required for permit. Weld County Facilities will submit for building permit. All new units will be comparable or better in specification to the existing Trane units. 2. Question: Who currently has the roofing contract & warranty on the roof? Answer: No current contractor for roof warranty. The successful contractor is responsible for maintaining the county's current roof warranties by using certified and approved contractors to repair or replace roofing systems. 3. Question: On page 14 of the request for bid, where does the pricing go for the roofing and plumbing? I assumed under Mechanical but wanted to be sure. Answer: Include roofing and Plumbing in the Mechanical line item. 4. Question: I am assuming the Mechanical total on the total lump sum on page 14 includes plumbing, roofing, mechanical materials, and controls. Please confirm. Answer: Yes, that is correct. 5. Question: Will the county allow the subcontractor access to the south gate for a crane? Answer: Yes, successful contractor will be able to do crane lifts from the front and back side of the building if needed. All contractors will be required to submit background checks to enter the premises of the Weld County Jail Facilities. 6. Question: What is the time frame you will allow for each unit? Is the assumption that you pull a unit and that day it is back up and running? Answer: New units will need to be operational as quickly as possible as to minimize temperature fluctuations within the Jail environment. Each unit that is installed will need to be operational, with controllable building automation points on the same day it was take offline. 7. Question: Is the county allowing more than one unit a day to be replaced? Answer: All units will need to be replaced during normal business hours; the number of units will be to the discretion of the contractor and project management team. Any unit that is replaced will need to be fully functional on the same day of business. 8. Question: Is there a roofing company that currently holds the roofing warrantee. Do we need to contract roof repairs to that company to not void the warranty? Answer: No current contractor for roof warranty. The successful contractor is responsible for maintaining the county's current roof warranties by using certified and approved contractors to repair roofing systems. 9. Question: Are there liquidated damages on this project? Answer: No 10. Question: The existing BAS controllers which serve RTU-17 through RTU-24 & MAU-25 are still current BAS controllers and are still supported by the manufacturer, however these controllers will be phased out in the next calendar year. Would Weld County like to upgrade the BAS controllers that serve these RTUs as part of this project or should the existing controllers be retained for this project? These controllers have not been budgeted for replacement previously. Answer: Controller upgrades are not budgeted within this project. 11. Question: The existing RTU's have a conventional thermostat interface & are connected to the BAS via hardwired points, is the intent to replace the existing RTU's with an in -kind replacement & retain the existing control points? Answer: Yes, maintain existing hardwire points. 12. Question: The existing RTU's did not have status monitoring on the (2) stages of cooling. Would Weld County like to add current switches to monitor the status of the compressors on each RTU and generate an alarm in the event of a compressor failure? Answer: Please include to monitor both stages of cooling. AWRD CERTIFICATE OF LIAR- ILITY INSURANCE DATE (MMIDDIYYYY) 3/5/2024 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's an ADDITIONAL INSURED, the pollcy(les) must 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 Ewing-Leavitt Insurance Agency, Inc 5689 McWhinney Blvd Loveland CO 80538 CONTACTE P Pam KneS el NAM (q/c°Nr o. Extt. (970) 679-7355 I I {A/C, No) 866 237 2179 ADDRESS Pam-knespel@leavitt coin INSURER(S) AFFORDING COVERAGE I NAIL q INSURER SECURA Insurance, A MutuallCompany 22543 INSURED Lakeside Mechanical Service, Inc 1008 Engleman Place Loveland CO 80538 INSURERS Pinnacol Assurance 41190 INSURER INSURER I INSURER E I INSURER F I COVERAGES CERTIFICATE NUMBER 24-25 REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACTOR 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 IN LTR TYPE OF INSURANCE ADDL SUER INS° WVD POLICY NUMBER (MM/DD/YYYY) ;VIVA POLICY EXP (MMIDD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY I CLAIMS MADE �X OCCUR X Blkt Additional Insured 20-TC-003189005-14 2/23/2024 2/23/202$ EACH OCCURRENCE S 1, 000 , 000 PREM SESO(Ea o c rence) S 500,000 MED EXP (Any one person) $ 5,000 PERSONAL B ADV INJURY $ 1,000,000 X Blkt Waiver of Subrogation GENERAL AGGREGATE $ 2,000,000 GEN L AGGREGATE LIMIT APPLIES PER POLICY E jECT LOC OTHER PRODUCTS - COMP/OP AGG $ 2,000,000 I A AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS X HIRED AUTOS X Blkt Add I Insured -, SCHEDULED _ AUTOS NON OWNED X AUTOS X BIM Waiver of Subro 20-A-003189006-14 2/23/2024 2/23/2025 COMBINED SINGLE LIMIT (Ea accidenU $ 1,°°° , 000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per acciden0 I $ $ A X UMBRELLALIAB EXCESS LIAR X OCCUR CLAIMS MADE 20 -CU -003189007-14 2/23/2024 2/23/2025 EACH OCCURRENCE $ 5,000,000 AGGREGATE I S 5,000,000 DED I X IRETENTION $ 10,000 B WORKERS COMPENSATION AND EMPLOYERS LIABILITY Y/ N ANY PROPRIETOR/PARTN DWNECUT1" OFFICERIMEMBER EXCLUDED ❑ (Mandatory m NH) If yes describe under DESCRIPTION OF OPERATIONS below N I A 4104726 5/1/2023 5/1/2024 X I STATUTE I I I ERH E L EACH ACCIDENT $ 1,000 , 000 EL DISEASE E4 EMPLOYEE $ 1,000,000 E L DISEASE POLICY LIMIT $ 1 , 000 , 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101 Additional Remarks Schedule may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION 0duran@weld gov SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Weld County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN FEVsl1tsBo Department ACCORDANCE WITH THE POLICY PROVISIONS 1105 H Street P O BOX 758 Greeley, CO 80632 I AUTHORIZED REPRESENTATIVE �7 B 6 �� n�� Pam Knespel/PAKNES " -t7..4-, ,6. ��%"' ACORD 25 (2014/01) INS025 (201401) © 1988-2014 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks of ACORD Contract Form Entity Information Entity Name * LAKESIDE MECHANICAL SERVICE INC Entity ID* @00048093 Contract Name * REPLACE ROOF TOP UNITS ON JAIL 1 - EAST Contract Status CTB REVIEW Contract Description * REPLACE RTU'S ON JAIL 1 Contract Description 2 Contract Type" CONTRACT Amount* $ 521,000.00 Renewable* NO Automatic Renewal Grant IGA EAST PER BID #B2400042. Department BUILDINGS AND GROUNDS Department Email CM- BuildingGrounds@weldgo v.com Department Head Email CM-BuildingGrounds- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL DGOV.COM Contract ID 7913 Contract Lead * CNAIBAUER Contract Lead Email cnaibauer@weld.gov New Entity? Parent Contract ID Requires Board Approval YES Department Project # Requested BOCC Agenda Due Date Date" 03/14/2024 03/18/2024 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid/RFP #* B2400042 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* 07/01/2024 Committed Delivery Date Renewal Date Expiration Date* 08/30/2024 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 CURTIS NAIBAUER CHERYL PATTELLI BRUCE BARKER DH Approved Date Finance Approved Date Legal Counsel Approved Date 03/08/2024 03/11/2024 03/13/2024 Final Approval BOCC Approved Tyler Ref # AG 031824 BOCC Signed Date Originator CNAIBAUER BOCC Agenda Date 03/18/2024 February 13, 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: Jail 1 East-HVAC Roof Top Units Replacement - 82400042 As advertised this bid is for the replacement of nine-HVAC Roof Top Units on the Jail 1 East Roof Top. The low bid is from Lakeside Mechanical Services Inc. and meets specifications. Therefore, the Facilities Department is recommending the award to Lakeside Mechanical Services Inc. in the amount of $521,000.00. If you have any questions, please contact me at extension 2027. Sincerely, Curtis Naibauer Interim Director 2/21 20-24-0M0 BeicOZ(o DATE OF BID: JANUARY 31, 2024 REQUEST FOR: JAIL 1 - EAST ROOF TOP UNIT (RTU) REPLACEMENT DEPARTMENT: FACILITIES BID NO: B2400042 PRESENT DATE: FEBRUARY 5, 2024 APPROVAL DATE: FEBRUARY 21, 2024 VENDOR LAKESIDE MECHANICAL SERVICE, INC. 1008 ENGLEMAN PLACE LOVELAND, CO 80538 NOCO COMMERCIAL 3665 CANAL DR., UNIT B FORT COLLINS, CO 80524 AIR COMFORT, INC. 150 ROME COURT FORT COLLINS, CO 80524 DS CONSTRUCTORS, LLC 903 N. CLEVELAND AVENUE, SUITE 100 LOVELAND, CO 80537 MTECH MECHANICAL 3597 DRAFT HORSE COURT LOVELAND, CO 80550 WELD COUNTY PURCHASING 1301 N. 17th Avenue, Greeley, CO 80631 reverett(6iweld.gov coeisert@weld.aov ttavlor@weld.ciov Phone: (970) 400-4222, 4223 or 4454 START FINISH DATE DATE TOTAL 3/4/2024 11/30/2024 $521,000.00 8/1/2024 9/1/2024 $554,121.00 7/1/2024 10/1/2024 $573,824.00 8/5/2024 9/2/2024 $597,349.00 6/24/2024 7/10/2024 $605,018.00 2024-0286 Zy5 PAGE 2 DATE OF BID: JANUARY 31, 2024 REQUEST FOR: JAIL 1 - EAST ROOF TOP UNIT (RTU) REPLACEMENT DEPARTMENT: FACILITIES BID NO: B2400042 TCC CORPORATION 609 GYRFALCON COURT, UNIT D WINDSOR, CO 80550 CODA CONSTRUCTION GROUP, LLC 444 LIPAN STREET DENVER, CO 80204 GROWLING BEAR CO. INC. 2330 4TH AVENUE GREELEY, CO 80631 **10 DAYS BEFORE EQUIPMENT ARRIVES 30 DAY FROM ABOVE DATE ** $630,250.00 7/1/2024 9/16/2024 $740,491.00 4/1/2024 3/30/2025 $753,896.00 THE FACILITIES DEPARTMENT IS REVIEWING THE BIDS. Hello