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HomeMy WebLinkAbout20250991.tiffCulivack- N*9 41 SERVICE AGREEMENT BETWEEN WELD COUNTY AND DC GROUP, INC. THIS AGREEMENT is made and entered into this Z $.t41 day of M Cu , 2025, by and between the Board of Weld County Commissioners, on behalf of Fatilities, hereinafter referred to as "County," and DC Group, INC., hereinafter referred to as "Contractor'. WHEREAS, County requires an independent contractor to perform the services required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing and has the specific ability to perform the required services at or below the cost set forth in the attached Exhibits; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the attached Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall be based upon order of attachment. Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No. B2500058. Exhibit B consists of Contractor's Response to County's Request. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel, and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and ends one year later. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from Form Revision 3-2025 Censer 5/ Z$/25 Cc; Onloo.(Bel) pk" sisr� Zozs-099I BC,OOZ-7 entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Due to the time needed for County to procure replacement services, Contractor may terminate this Agreement for its own convenience upon ninety (90) days written notice to County. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and Contractor shall deliver to County all completed or partially completed Work under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Amendment. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. 6. Compensation. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay Contractor an amount not to exceed $77,703.52 as set forth in the Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in 2 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 or agents 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. Any provisions in this Contract that may appear to give the County the right to direct Contractor as to details of doing work or to exercise a measure of control over the work mean that Contractor shall follow the direction of the County as to end results of the work only. The Contractor is obligated to pay all federal and state income tax on any moneys earned or paid pursuant to this contract. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of the Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees, and subcontractors. 9. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. 10. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the project. In no event shall any action 3 by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default exists shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 11. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. Contractor shall provide coverage with limits of liability no less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a "following form" basis. Acceptability of Insurers: Insurance is to be placed with insurers duly licensed or authorized to do business in the state of Colorado and with an "A.M. Best" rating of not less than A -VII. The County in no way warrants that the above -required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency. Required 'Noes of Insurance. Workers' Compensation and Employer's Liability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 100,000 $ 100,000 $ 500,000 Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work. The policy shall be endorsed to include the following additional insured language: "County, its elected officials, trustees, employees, agents, and volunteers shall be named as additional insureds 4 with respect to liability arising out of the activities performed by, or on behalf of the Contractor." Such policy shall include Minimum Limits as follows: Each Occurrence $ 1,000,000 General Aggregate $ 2,000,000 Products/Completed Operations Aggregate $ 2,000,000 Personal/Advertising Injury $ 1,000,000 Automobile Liability Insurance for Bodily Injury and Property Damage for any owned, hired, and non -owned vehicles operating both on County property and elsewhere in the performance of this Contract. Contractor's Automobile Insurance Policy shall include Minimum Limits as follows: Bodily Injury/Property Damage (Each Accident) $ 1,000,000 12. Proof of Insurance. All insurers must be licensed or approved to do business within the State of Colorado, and unless otherwise specified, all policies must be written on a per occurrence basis. The Contractor shall provide the County with a Certificate of Insurance evidencing all required coverages, before commencing work or entering the County premises. The Contractor shall furnish the County with certificates of insurance (ACCORD) form or equivalent approved by the County as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Contractor shall name the County, its elected officials, trustees, employees, agents, and volunteers as "Additional Insureds" for work that is being performed by the Contractor. On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract. Upon request by the County, Contractor must provide a certified copy of the actual insurance policy and/or required endorsements, for examination, effecting coverage(s) required by the Contract. Such documents are deemed confidential and deemed not public records for purposes of the Colorado Open Records Act. All certificates and endorsements are to be received and approved by the County before work commences. Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration 5 of the project, and for a longer period of time if required by other provisions in this Agreement. Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal is a material breach of contract. All certificates and any required endorsement(s) shall be sent directly to the County Department Representative's Name and Address. The project/contract number and project description shall be noted on the certificate of insurance. The County reserves the right to require complete, certified copies of all insurance policies for examination required by this Agreement at any time. Any modification or variation from the insurance requirements in this Agreement shall be made by the County Attorney's Office, whose decision shall be final. Such action will not require a formal contract amendment but may be made by administrative action. 13. Additional Insurance Related Requirements: The County requires that all policies of insurance be written on a primary basis, non-contributory with any other insurance coverages and/or self-insurance carried by the County. The Contractor shall advise the County in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit. At their own expense, the Contractor will reinstate the aggregate limits to comply with the minimum requirements and shall furnish the County with a new certificate of insurance showing such coverage is in force. Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project. Contractors Professional Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years after completion of the project. Certificates of insurance shall state that on the policies that the County is required to be named as an Additional Insured, the insurance carrier shall provide a minimum of 30 days advance written notice to the County for cancellation, non -renewal, suspension, voided, or material changes to policies required under this Agreement, except when cancellation is for non-payment of premium, then ten (10) days prior notice may be given. On all other policies, it is the Contractor's responsibility to give the County 30 days' notice if policies are reduced in coverage or limits, cancelled or non -renewed. However, in those situations where the insurance carrier refuses to provide notice to County, the Contractor shall notify County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days or receipt of insurer's notification to that effect. 6 The Contractor agrees that the insurance requirements specified in this Agreement do not reduce the liability Contractor has assumed in the indemnification/hold harmless section of this Agreement. Failure of the Contractor to fully comply with these requirements during the term of this Agreement may be considered a material breach of contract and may be cause for immediate termination of the Agreement at the option of the County. The County reserves the right to negotiate additional specific insurance requirements at the time of the contract award. 14. Subcontractor Insurance. Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above -described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. 15. 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. 16. Mutual Cooperation. The County and Contractor shall cooperate with each other in the collection of any insurance proceeds which may be payable in the event of any loss, including the execution and delivery of any proof of loss or other actions required to effect recovery. 17. Indemnity. The Contractor shall defend, indemnify, hold harmless and, not excluding the County's right to participate, defend the County, its officers, officials, agents, and employees, from and against all liabilities, claims, actions, damages, losses, and expenses including without limitation reasonable attorneys' fees and costs (hereinafter referred to collectively as "claims") for bodily injury or personal injury including death, or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors. This indemnity includes any claim or amount arising out of or recovered under the Workers' Compensation law or arising out of the failure of such contractor to conform to any federal, state, or local law, statute, ordinance, rule, 7 regulation, or court decree. It is the specific intention of the parties that County shall, in all instances, except for claims arising solely from the negligent or willful acts or omissions of the County, be indemnified by Contractor from and against any and all claims. It is agreed that Contractor will be responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable. In consideration for the award of this contract, the Contractor agrees to waive all rights of subrogation against the County, its officers, officials, agents, and employees for losses arising from the work performed by the Contractor for the County. 18. 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. 19. Examination of Records. To the extent required by law, the Contractor agrees that a duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers, and records of Contractor, involving all matters and/or transactions related to this Agreement. Contractor agrees to maintain these documents for three years from the date of the last payment received. 20. 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. 21. Notices. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required and received by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice may be sent to: TO CONTRACTOR: Name: Geoffrey Dopkins Position: Senior Government Sales executive 8 Address: 1977 West River Road, Minneapolis, MN 55411 E-mail: Geoffrey.dopkins@DC-Group.com Phone: 612-235-3130 TO COUNTY: Name: Patrick O'Neill Position: Director Facilities Address: 1105 H Street, Greeley, CO 80631 E-mail: Poneill@Weld.gov Phone: 970-400-2023 22. 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. 23. 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. 24. 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. 25. 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. 26. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 27. 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 requirements) shall survive any such expiration or termination. 9 28. 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. 29. Non -Waiver. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of the monetary limitations or any of the other immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§ 24-10-101 et seq., as applicable now or hereafter amended. 30. 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. 31. 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. 32. 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. 33. No Employment of Unauthorized Aliens - Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an unauthorized alien who will perform work under this Agreement (see 8 U.S.C.A. §1324a and (h)(3)) nor enter into a contract with a subcontractor that employs or contracts with an unauthorized alien to perform work under this Agreement. Upon request, contractor shall deliver to the County a written notarized affirmation that it has examined the legal work status of an employee and shall comply with all other requirements of federal or state law. Contractor agrees to comply with any reasonable request from the Colorado Department of Labor and Employment in the course of any investigation. 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. 10 34. 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. 35. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating -to the subject matter of this Agreement. CONTRACTOR: Christiana Cudworth Digitally signed by Christiana Cudworth By: Date: 2025-05-19 15:56-05:00 Name:Christiana Cudworth Title: Contract Manager Date of Signature: 05/19/2025 WELD COUNTY: ATTEST:Wddr.444) GC aok, BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO Weld County Clerk to the Board BY: Deputy Clerk to the Boail9(1) P ry L. Buck, Chair 11 MAY 282325 7o-j-o9ct I Exhibit A Weld County Finance Department Purchasing Division 1301 North 17th Avenue Greeley, Colorado 80631 General Services - Invitation for Bid (IFB) Cover Sheet Bid Number: B2500058 Title: UPS Preventative Maintenance and Repairs Advertisement Date: March 14, 2025 Pre- Bid Meeting: March 27, 2025 at 9:00 AM Pre- Bid Location: 1105 H Street, Greeley CO Questions Due: April 3 2025, by 5:00 PM Questions Posted: April 4, 2025 by 5:00 PM Questions email: bids@weld.gov Bid Due Date: April 10, 2025 by 11:00 AM, Purchasing's Clock Bid Delivery: Preferred email to bids@weld.gov or option to hand delivery to 1301 North 17'h Avenue, Greeley, CO 80631 For additional information: bids@weld.gov Documents Included in this Bid Package IFB Schedules S chedule A: Bid Instructions S chedule B: Scope of Work Schedule C: Project Schedule S chedule D: Bid Form Schedule E: Insurance Schedule F: Weld County Contract Form Revision 12-2024 Table of Contents General Services - Invitation for Bid (IFB) Cover Sheet 1 Documents Included in this Bid Package 1 IFB Schedules 1 Table of Contents 2 Schedule A - Bid Instructions 3 Purpose/Background 3 Bid Advertisement 3 Bid Submission 3 Introductory Information 3 Cooperative Purchasing 4 Schedule B - Scope of Work 6 Project Overview 6 Method of Procurement 6 Pricing Method g Specific Requirements and Responsibilities 6 Schedule C - Procurement Schedule 15 Schedule D - Bid Response Form 16 Bid Submittal Instructions 16 Fees 16 Attestation 17 Schedule E — Insurance 18 Insurance 18 Insurance Mailing Information 20 Schedule F - Weld County Contract 21 Contractual Obligations 21 Weld County Standard Contract 21 Solicitation #B2500058 Page 2 Schedule A - Bid Instructions Purpose/Background The Board of County Commissioners of Weld County, Colorado, by and through its Purchasing Office (collectively referred to herein as, "Weld County"), wishes to purchase the following: UPS Preventative Maintenance and Repairs A Mandatory pre -bid conference will be held on March 27, 2025 at 9:00 AM at the Facilities Building located at 1105 H Street, Greeley, CO 80631. Bidders must participate and record their presence at the pre -bid conference to be eligible to submit bids. Bids will be received until: April 10 , 2025 at 11:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on April 10, 2025 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. Microsoft Teams By Phone Join the meeting now +1 720-439-5261„947218931# Phone United conference States, ID: Denver 947 218 931# Meeting ID: 285 537 757 713 Passcode: xZ3JE73D Bid Advertisement 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. BidNet Direct is an on-line notification system which is 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 Submission 1. PREFERRED: emailbidstobids@eweld.gov Ifyourbidexceeds25MBpleaseuploadyour bid to https://www.bidnetdirect.com. The maximum file size to upload to BidNet Direct is 500 MB. If vendor does not desire email submission, sealed bids will be received at the Office of the Weld County Purchasing in the Weld County Building located at 1301 North 17th Avenue, Greeley, CO 80631 by the bid due date and time. 2. 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 las been received. Please call Purchasing at 970-400-4222 or 4223 with any questions. Introductory Information 1. Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Division. Each bid must give the full business address of bidder and be signed by authorized person. 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 Solicitation #B2500058 Page 3 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 Procurement Manager satisfactory evidence of the authority of the officer signing on 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 Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. 2. 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 Division on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Hard copy bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Procurement Manager 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 Procurement Manager; 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. 3. 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. 4. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Invitation for Bid contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. Cooperative Purchasing Weld County encourages cooperative purchasing in an effort to assist other agencies to reduce their cost of bidding and to make better use of taxpayer dollars through volume purchasing. Vendor(s) may, at their discretion, agree to extend the prices and/or terms of the resulting award to other state or local government agencies, school districts, or political subdivisions in the event they would have a need for the same product/service. Usage by any entity shall not have a Solicitation #B2500058 Page 4 negative impact on Weld County in the current term or in any future terms. Solicitation #B2500058 Page 5 Schedule B - Scope of Work Project Overview Weld County is seeking bids for a turn -key lump sum project for a vendor to provide maintenance and repair services for multiple UPS units throughout county buildings. Method of Procurement Invitation for Bid (IFB): is a procurement method often referred to as a sealed bid solicitation. When issued, the bid package is considered complete for bidding purposes. Responsiveness to the solicitation's terms and conditions are required. Incomplete or non -responsive bids will be eliminated from consideration. Low price is the key consideration by Weld County in awarding an IFB contract. Pricing Method Lump Sum Price: The lump sum price is the simplest and easiest price. Based on specifications, the contractor estimates their cost to provide the work, adds a profit margin, then proposes the sum as a price of the project. Lump Sum requires the proposals to include a fixed, not -to -exceed lump sum, which shall include all costs that may be paid to the contractor. The solicitation may include an itemized list of costs, in which case the proposals shall include itemized costs. Specific Requirements and Responsibilities Contractor will provide labor, materials, supervision, training, complete mechanical maintenance service including both corrective and preventive maintenance, and emergency service, inspection, battery replacement and replacement of worn or defective parts and devices for UPS system maintenance for the Weld County Facilities Department at various Weld County buildings. In addition to the preventive maintenance services to be quoted, the unit cost must include training, the cost of Emergency Maintenance 24 hours / 7 days per week and non -emergency Corrective Maintenance. The unit cost shall also include travel, labor and all materials except batteries and repair parts for all maintenance activities. Response Time — shall mean the time from when a dispatch operator receives a phone call from the County to the time a service technician arrives on -site. UPS Locations The following table details the UPS types, locations that are required to be maintained with this preventative maintenance bid. As a reliability measure, batteries will be replaced every 4 years. In addition, capacitors and fans will be replaced every 5 years. The table below is developed on a four-year battery replacement schedule and a 6 -year capacitor and fan replacement schedule: Solicitation #B2500058 Page 6 Building Blame Address Model # _ Serial # F -Brand KVA Battery Replaced , Date Capacitor Replaced Date Centennial Center 91510th Street, Greeley SYCF40KF PD1549150082 APC _ 40 2/24/20 No Capacitors Centennial Center 91510th Street, Greeley OG-PDRPPNX10-M QI-2324240006 APC 50 2/17/17 Looking good but due this year , Law Admin 1950 O- Street, Greeley 37SA065A0C6EA02 37-8813 APC 1001 9/10/18 Looking good,but due this year Law Admin 1950 O- Street, Greeley SYCF100KF QD1714140676 SCHNIEDER ELECTRIC 65 4/2018 , 4/2018 North Jail 2 East 2110 O- Street, Greeley - SYA8K16PXR AD1807120031 APC 16 N/A No Capacitors North Jail West 2110 O- Street, Greeley OG-PD40G6FK1-M QI2321140120 APC 40 9/10/18 9/10/18 North Jail 1'East - 2110 O- Street, Greeley SYA8K16PXR AD1809120533 APC 9 3/1/2025 , 1551 Budding 1551 N 17th Ave, Greeley NRD90CCSA0A1077 M13KF0007 Liebert ' Emerson 90 2/17/17 No Capacitors North Jail 1 West Master Control 2110 O Street SBP16KP UA1815000093 APC 2400VA Weld County 35th, Tower, 3105 35th Ave, Greeley NXB 30 38 7399 Liebert NX 30 6/28/17 DUE Now Weld County 35th Tower 3105 35th Ave, Greeley, NRD90CCSAOA3426 M12E3F0018 Liebert APM 65 , 9/10/18 No Capacitors Responsibilities 1 Provide competent supervision 2 Provide competent workers Vendor agrees to utilize only expenenced responsible people in the performance of work 3 All contractors' personnel must wear uniforms with vendor's company NAME and wear photo ID's, which must be visible at all times 4 The Contractor shall be responsible for notifying Facilities of any warranties or guarantees and the terms contained therein covering replacement components 5 Contractor shall furnish all labor, adequate & qualified supervision, materials tools &'other incidentals necessary to complete all preventative maintenance activities 6 Contractor shall maintain a clean worksite at all times Work area shall be kept free from debris, materials, tools and equipment 7 Contractor shall be responsible, ,at"Contractor's cost, for disposing of all hazardous materials in compliance with all federal, state and local regulations Solicitation #B2500058 Page 7 8 All work shall be conducted in accordance with all applicable OSHA regulations and NFPA 70E Standard for Electncal Safety in the Workplace 9 , Contractor shall ensure that only qualified personnel are permitted to work on electncal systems and equipment that use or control electncal power 10, All work is to be done by employees of the awarded vendor Any subcontracting must have pnor approval of Director of Facilities Pay M ent for subcontractors will be on a "pass-thru" basis 11 Contractor shall provide their personnel, at Contractor's cost, all proper safety equipment and personal protective equipment (PPE) to prevent accidental injury in accordance with OSHA requirements Contractor shall also ensure their personnel working at the site are trained and are aware of the potential hazards 12 Contractor shall ensure proper environmental health and safety precautions are followed in accordance with the Occupational Safety and Health Administration (OSHA), Environmental Protection Agency (EPA), Code of Federal Regulations (CFR), and any other applicable regulatory agencies 13 Contractor shall ensure all personnel follow` all federal, state, local, and Weld County regulations 14 County reserves the nght to remove Contractor personnel for any overt violation of safety regulations, nonperformance or other 1 15 In order to adhere to the emergency response timelines, the contractor shall have technicians who work directly for the bidder permanently located no further than 2 hours from Greeley CO C 16 All, employees that will need to enter the 1/14Id County Jail will need to pass' a background check performed -by the Weld County Shenffs Office pnor to entenng the jail Only those individuals who can pass,the background check will be allowed access to the jail Warranty I- 1 In'addition to all other warranties that may be supplied by vendor, contractor shall warrant its products and/or services against faulty labor and/or defective matenal All matenals, labor and workmanship for services, replacement parts and supplies shall be fully warranted and guaranteed for a minimum period of one (1) year from date of acceptance of the labor, materials and/or equipment by the County This warranty requirement will remain in force for the full one (1) year penod, regardless of whether the vendor is under contract with the County at the time of defect Any payment by the County on behalf of the goods or services received from the bidder does not constitute a waiver of these warranty provisions Copy of the Warranty(s), including warranty contact name, phone number and address, must be provided upon completion of work I 2 Correcting Defects Covered Under Warranty The contractor shall be_responsible for promptly correcting any deficiency, at no cast to the County, within five (5) calendar days - , after the County notifies the contractor of such deficiency in writing If the contractor fails to honor the warranty and/or fails to correct oii replace the defective work or items within the ' period specified, the County may, at its discretion, notify the contractor, in writing, that the contractor may be subject to contractual default if the corrections or -replacements are not 'completed to the satisfaction of the Countylwithin five (5) calendar days of receipt of the notice If the bidder fails to satisfy the warranty within the period specified in the notice, the County may procure the products or services from another, vendor and charge the bidder for any additional costs that are incurred by the County for this work or items through a credit memorandum or through invoicing 3 The Contractor is required to expressly warrant that all items are new and free from defects, warranted for their merchantability land meet the performance specifications of the original equipment Parts no longer under manufacturer's warranty the contractor may use Solicitation #B2500058 Page 8 "or equal" parts only in the event that Original Equipment Manufacturer (OEM) parts are not available and warrant the repair for a period of one (1) year from date of installation. 4. Used parts shall be returned to the County unless otherwise directed. Parts that are to be disposed of shall be disposed of by the Contractor at the Contractor's cost and in compliance with all regulatory requirements. Workmanship Where not more specifically described in any of the various sections of these specifications, workmanship shall conform to all of the methods and operations of best standards and accepted practices of the trade or trades involved, and shall include all items of fabrication construction or installation regularly furnished or required for completion of the services. All work shall be executed by personnel skilled in their respective lines of work. Hours Of Service 1. County regular hours are from 8 a.m. to 5 p.m., Monday through Friday. Preventative Maintenance on the UPS systems will need to be performed outside the County normal business hours. 2. Preventive maintenance procedures and repairs may be requested and scheduled by contacting Facilities. 3. Contractor should perform all Preventative Maintenance and call-back service after regular working hours, except emergency call service for which Contractor shall be available twenty-four (24) hours, seven (7) days a week. 4. Contractor shall coordinate any major shut downs or work that may impact the flow of continuous electric supply for Preventive Maintenance with Facilities. 5. Contractor shall notify the Facilities, seven (7) days in advance of any scheduled shutdownsimaintenance. Response Times 1. Contractor shall provide repair service twenty-four hours a day, seven days a week. Emergency repair will be requested by the Facilities Department. Contractor shall provice the County with phone numbers and names of persons to be contacted for repair services outside regular office hours. 2. Call back service response time shall be within two (2) hours by phone and requires an eight (8) hours on -site response time, unless other arrangements are made with the Director of Facilities. 3. Emergency call service response time shall be within fifteen (15) minutes by phone and two (2) hours on -site response time will apply to emergency calls only, i.e., where the UPS System is in bypass mode, with a dead critical bus due to UPS failure 4. In instances where repairs cannot be completed during the initial service call due to parts availability, Contractor shall place the equipment in a temporary mode of operation. Contractor shall obtain parts in the most expeditious means available when requested by Facilities. Enterprise Technology Services (ETS) Bidders submitting bids on the Liebert or APC equipment should provide a certificate or proof of training on the Liebert or APC equipment with this bid. Failure on the part of the vendor to submit the requested information may result in their bid being declared non -responsive. Solicitation #B2500058 Page 9 General Instructions 1. The contractor shall report to the Director of Facilities or designee before performing any maintenance and after maintenance is complete. All maintenance shall be performed by the Contractor at mutually agreeable times. 2. Repairs shall consist of all work necessary to fulfill orders placed by authorized employees. 3. The Contractor shall adhere to all Federal, State and local building codes concerning the maintenance and disposal of batteries for UPS systems. This will also include the National Electrical Code (NEC), NFPA #111, latest editions and all related codes and factory specifications. 4. Only new parts or refurbished parts, certified and warranted as new, and are equal or better quality than the original shall be used for maintenance or repairs. Refurbished parts must be identified prior to installation. 5. Used parts will be returned to the County. 6. Contractor will install all engineering changes and upgrades issued for the equipment listed at no additional cost to the County. Preventative Maintenance Record 1. The Contractor shall provide the County with a Preventive Maintenance checklist for each location, and each unit listed on the bid sheets. The checklist should include all items, locations specified in on bid sheets and indicate date inspects are made. 2. After each maintenance routine the Contractor will provide County with a written report describing the condition of the UPS system including the related battery system, corrective maintenance performed and recommendations. 3. In addition, a copy of the signed checklist should be provided to the County at the time completing the maintenance service and a copy retained by the Contractor for his records. The inspection checklist must be signed by the Director of Facilities or designee at each location. Failure to have the checklist signed may cause payment for services to be delayed. Preventative Maintenance Schedule 1. Preventive Maintenance will be performed twice a year on each system unless otherwise noted on the bid sheets. The maintenance shall be scheduled to allow the maximum amount of time reasonable between services. 2. At the time of maintenance, the Contractor agrees to make such mechanical adjustments and minor repairs to the UPS system which is necessary for the proper operation of the equipment. 3. Only new parts or refurbished parts, certified and warranted as new and are equal or better quality shall be used for maintenance or repairs. Preventative Maintenance For UPS Systems All services are to be performed either during normal on-line operation with no damage to the UPS's operation condition and the critical load, or during off-line operation, in the bypass mode. Preventive maintenance shall include, but not limited to the following items: 1. Inspect UPS and battery bank for general appearance and cleanliness. Vacuum out any dust or dirt which may have accumulated as a result of fan ventilation. Solicitation #B2500058 Page 10 2. Check ventilation fan for proper operation and any indication of impending failure. Ensure that air flow, through the heat sink assembly is unobstructed. Ensure that temperature inside unit is within allowable limits. 3. Check battery charging circuits for proper operation, voltage and current readings. 4. Test each battery for proper voltage and signs of overheating. Perform battery load test if there are any indications of low voltage or overheating. 5. Perform all engineering changes. 6. Check all battery connections for tightness and corrosion. Clean corroded terminals and reassemble with corrosion preventive. Torque terminal bolts and nuts to proper value. 7. Inspect all printed circuit board connections for cleanliness and swab contacts. 8. Inspect all power connections for signs of overheating and inspect all subassemblies, bridges and legs for signs of component defects or stress. 9. Inspect all DC and AC capacitors for signs of leakage. 10.Verify DC filter capacitance and AC tank and trap filter capacitance. 11. Perform generator and interface verification. 12.Adjust all panel meters to measured values. 13. Check ambient temperature of UPS area and check the condition of ventilating equipment. 14. Clean control panels, UPS power modules and UPS area. 15. Replace all air filters. 16. Replace all burned out monitor bulbs. 17. Replace power module power supply backup control battery cells where needed. 18. Perform a static switch test. Check and correct any problems causing high temperatures on breakers, connections and associated equipment. 19. Perform inverter test procedure and indicate measurements are within acceptable limits. 20. Perform operational load test by removing AC input to the unit. Ensure that output voltage, current and frequency measurements are within acceptable limits. 21. Test manual and UV transfer and verify uninterrupted transfer waveform. 22. Perform outage simulation and battery capability and verify charger current limit. 23. Perform lamp test on local and remote panels. 24.On completion of each inspection, a written report on the findings of the inspection will be submitted to the Director of Facilities. 25. System Input Voltages (all phases). 26. System Input Currents (all phases).\ 27. DC Charging Voltage (float operation), record setting adjust to nominal if necessary. 28. Inverter Output Voltage (all phases), record settings. 29. Inverter Output Currents (all phases). 30. Adjust panel meters to measured values. 31. Rectifier and Inverter phase on and walk up 32. System Bypass Voltages (all phases). 33. Manual and U/V Transfer Testing, verify uninterrupted transfer waveform. 34. Generator operation and interface verification. 35. DC Ground Detection Offset. 36. Inverter leg average balance. 37.Output filter current average phase balance. 38. Rectifier bridge current average leg balance. 39. DC Protection settings and operation 40. Input and Output Frequency and Voltage Bandwidth settings 41. Power Supply voltages and waveforms 42. UPS area ambient temperature and condition of ventilating equipment. General Cleanliness of UPS Power Modules (e.g. General Cleanliness of UPS area, Clean or replace all air filters, Clean control panels, etc.) 43.Alarm test— local and remote panels. Solicitation #B2500058 Page 11 44 Replace all burned -out bulbs 45 On completion of each inspection, a wntten report on the findings of the inspection will be submitted to the Director of Facilities Battery System Maintenance Preventive Maintenance will be performed in accordance with the schedule of activities listed bid The maintenance shall be scheduled to allow the maximum amount of time reasonable between services Maintenance for battery system shall include but not be limited to the tasks listed below 1 Measure and record individual cell float potentials and the total battery terminal voltage 2 Battenes in trays should be removed from the cabinet and each unit load tested applying 2 times its 100 -ampere hour rating 10 seconds and record cell voltage at the end of test penod 3 Measure and record ambient temperature of the top and bottom row of each battery cabinet 4 Measure and record all of the inter-cell/unit connector and battery, cable contact resistance to venfy that connection resistance is within' 20 percent of the average optimum contact resistance determined for the particular battery per manufacturer's guidelines This is not applicable units with spade terminals 5 Visually inspect conditions and appearance of connection terminals, inter-cell/unit connectors, cables and associated hardware 6 Visually inspect conditions and appearance of cell/unit covers, containers and post seals 7 Visually inspect conditions and appearance, of battery racks or cabinets and associated components and hardware Clean all accessible surfaces 8 Spot check torque on battery rack frames, rails, braces and tie rods 9 Re -torque all battery connections found to Ije beyond acceptable contact resistance values Connection resistance remaining above acceptable limits should be analyzed to determine the effect of the increased resistance on connection integrity and corrected as indicated 10 Inspect and adjust float and equalize voltage settings and adjust operation of output current and voltage meters 11 Inspect area for safety equipment and check warning/hazard land operation information placards 12 Check battery system area ambient temperature and condition of ventilating equipment 13 Clean battery system area 14 Inspect all DC connections for abnormalities and correct if necessary 15 Inspect all battery cells for deformity and vents for abnormalities and correct or report any problems to the Facilities f 16 Record temperature of cells Measure and record all individual cell and string float voltages 17 Clean all external vent areas, terminals and racks 18 Provide an analysis (spreadsheets, graphs,f etc ) and furnish a maintenance report In the report descnbe the condition of the batteries needing replacement Battery Replacement I At venous times during the length of the contract, the County may require the routine replacement of battenes for one or more of the UPS units covered under this contract The County requires the batteries to be replaced every 4 years The table below shows the due date at the 4 -year point In addition, it shall be the responsibility of the awaded Contractor to notify the County when battery replacement is necessary as determined by the routine battery system maintenance and inspections Documentation will accompany the recommendation to indicate the projected life Solicitation #B2500058 Page 12 expectancy of battery life cycles Vendor shall be responsible for providing the battenes on a "pass thru" invoicing basis- Vendor shall be responsible for all labor and any miscellaneous parts to provide and install new battenes Contractor shall be responsible for the removal and disposal of old battenes Capacitor / Fan Replacement At vanous times dunng the length, of the contract, the County may require the routine replacement of capacitors and fans for one or more of the UPS ,units covered under this contract , The County requires the capacitors and fans to be replaced every 5 to 7 years The table below shows the due date at the 6 -year point , In addition, it shall be the responsibility of the awarded Contractor to notify_the County, when capacitor and/or fan replacement is necessary as determined by the routine system maintenance and inspections Documentation will accompany the recommendation to indicate the projected life expectancy of capacitor life cycles Vendor shall be responsible for providing the capacitors and fans on a "pass thru" invoicing basis Vendor shall be responsible for all labor and any miscellaneous parts to provide and install new capacitors Contractor shall be responsible for the removal and disposal of old capacitors Training At the Contractor's cost, the Contractor is to provide documented UPS/Battery Bank Training to Buildings & Grounds service technicians or other qualified maintenance personnel responsible for the daily operation of the PDU's Training is to include Electncal Safety Training and Lock Out/Tag out Instructions Training is to be at date(s) and time mutually agreed to by all parties ' Schedule Of Inspection/Preventative Maintenance 1 UPS Equipment - Contractor agrees to provide inspection/preventative maintenance two (2) times per year in accordance with the schedule of activities listed in this bid 2 Battery Banks - Contractor`agrees to provide preventative maintenance two (2) times per year in accordance with the schedule of activities listed in this bid Payment 1 Vendor must have proper purchase order pnor to performing any maintenance After completion of all Preventive Maintenance, Contractor should invoice the County as per the charge specified on the bid sheets Contractor's invoices must have the purchase order number 2 A copy of the inspection report must be given to the Director of Buildings & Grounds before any invoice for maintenance will be processed for payment 3 Payment for batteries, repair parts and matenals not included in the preventive maintenance charge will be paid at Contractor's cost The cost for these items will be a "pass thru", i e The Contractor shall charge the County the same invoice pnces he/she is charged by his/her suppliers A copy of the Contractor's invoice(s) from their supplier for such parts and matenals shall be submitted with the Contractor's invoice for payment In Solicitation #B2500058 Page 13 cases where the Contractor manufactures their own parts, the contractor will charge the County a pnce no higher than what they charge their most favored customer The County reserves_the nght to request venfication Addition / Deletion of Units 1 The County reserves the nght to add units to this contract as such systems may be installed Units to be added may result from, but are not limited to, expansions or additions to existing facilities and acquisition or construction of new properties In such events, the vendor shall provide the County with a pace for the preventive maintenance and repairs of the new unit based upon a procedure or formula which is the same or very similar to that used in establishing the pnces as contained in the vendor's bid Units may be added to the contract at a pnce mutually acceptable to both the County and the Vendor If the price offered is not acceptable to the County, and the matter cannot be resolved to the satisfaction of the County, the County reserves the right to procure preventive maintenance and repairs of the new unit from other vendors 2 The County reserves the right to delete units from this contract in the event they are no longer used or removed, or as deemed in the best interest of the County In such events, contract prices will not be adjusted No guarantee is expressed or implied as to the total quantity of commodities/services to be purchased under any open end contract Termination Of Particular Locations: In the event the County shall sell, vacate, abandon, or otherwise dispose of or terminate a location to which this contract applies, all existing contracts or agreements or services applicable to such location, the portion of this contract that applies to such location is so terminated The County shall give the Contractor wntten notice of such termination of locations a minimum of thirty (30) days in advance Natural Disaster Recovery In the event of a natural disaster, it shall be the responsibility of the Contractor to immediately make arrangements with Director of Facilities to inspect and determine if equipment is operational and/or make any recommendations necessary to make sure equipment is fully operational If there is no power at the site, it shall be the responsibility of the Contractor to make sure the equipment will be operational and/or will not cause additional damage when power is restored Provide the proposed cost in the table below 1 Provide costs for the preventative maintenance and repairs detailed is the base bid This bid is from May 1, 2025 until Apnl 30, 2026 2 Provide the cost for the battery replacement Exclude the cost of the battenes themselves that will be billed at the pass -through rate 3 Provide the cost of the capacitor & fan replacement Exclude the cost of the capacitor & fans themselves that will be billed at the pass -through rate Solicitation #B2500058 Page 14 Schedule C - Procurement Schedule Below is the anticipated schedule for procurement of this solicitation: Advertisement Date Pre -Proposal Meeting Mandatory Technical Questions Due Technical Questions email Questions Answered via Addendum Proposals Are Due Solicitation Notice of Award (Anticipated) Contract Execution (Anticipated) Completion March 14, 2025 March 27, 2025 at 9:00 AM 1105 H Street Greeley, CO April 3, 2025 by bids@weld.gov April 4, 2025 April 10, 2025 by 11:00 AM Purchasing's Clock April 30, 2025 May 7,2025 April 30, 2026 Solicitation #B2500058 Page 15 Schedule D - Bid Response Form Bid Submittal Instructions The following items must be completed and submitted with your bid on or before the bid opening deadline of 11:00 am on April 10, 2025: 1 J Schedule D - Bid Response Form 2) Any potential or future Addenda must be completed/acknowledged. 3) All other items as requested in the Bid Specifications and/or Scope of Work. Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete, non -responsive, and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it may be disqualified. Fees Provide fees for this project below: Building Name Address Model # Preventative Maintenance Cost Replacement Battery Cost Capacitor Replacement Fan Cost & Centennial Center 915 Street, Greeley 10th SYCF40KF $ $ $ Centennial Center 915 Street, Greeley 10th OG-PDRPPNX10-M $ $ $ Law Ad min i n 1950 Street, Greeley O- 37SA065A0C6 EA02 $ $ $ Law Admin 1950 Street, Greeley O- SYCF100KF $ $ $ North Jail 2 2110 Street, Greeley O- SYA8K16PXR $ $ $ East. North West Jail 2110 Street, Greeley O- OG-PD40G6FK1-M $ $ $ North Jail 1 2110 Street, Greeley O- SYA8K16PXR $ $ $ East 1551 Building 1551 Ave, N. Greeley 17th NRD90CCSA0A 1077 $ $ $ North West Master Control Jail 1 2110 Street O SBP16KP $ $ $ Weld County 35th 3105 Ave, 35th Greeley NXB 30 $ $ $ Tower Solicitation #B2500058 Page 16 Weld County 35th 3105 Ave, 35th Greeley NRD90CCSAOA342 6 $ $ $ Tower Total $ $ $ This contract may be renewed for three additional one-year increments at Weld County's discretion. Please identify the escalation cost percentage for each subsequent year renewal. Annual escalation rate: Attestation % The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all the conditions, specifications and special provisions set forth in the Invitation for Bid for Request No. #B2500058. 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. Acknowledgement that bidder is required to submit a current IRS Form W9 upon award and prior to contracting. 5. Acknowledgement of Schedule E — Insurance 6. Acknowledgment of Schedule F — Weld County Contract 7. By submitting a responsive bid or proposal, the supplier agrees to be bound by all to -ms and conditions of the solicitation as established by Weld County. 8. 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. Item Entry Company Name: Address: Phone Email: FEIN/Federal Tax ID #: CONTRACTOR: By: Name: Title: Date of Signature Solicitation #B2500058 Page 17 Schedule E — Insurance Insurance Required Types of Insurance. Workers' Compensation and Employer's Liability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Coverage B (Employers Liability) $ Statutory 100,000 100,000 500,000 Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work. The policy shall be endorsed to include the following additional insured language: "County, its elected officials, trustees, employees, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor." Such policy shall include Minimum Limits as follows: Each Occurrence General Aggregate Products/Completed Operations Aggregate Personal/Advertising Injury 1,000,000 2,000,000 2,000,000 1,000,000 Automobile Liability Insurance for Bodily Injury and Property Damage for any owned, hired, and non -owned vehicles operating both on County property and elsewhere in the performance of this Contract. Contractor's Automobile Insurance Policy shall include Minimum Limits as follows: Bodily Injury/Property Damage (Each Accident) $ 1,000,000 12. Proof of Insurance. All insurers must be licensed or approved to do business within the State of Colorado, and unless otherwise specified, all policies must be written on a per occurrence basis. The Contractor shall provide the County with a Certificate of Insurance evidencing all required coverages, before commencing work or entering the County premises. The Contractor shall furnish the County with certificates of insurance (ACCORD) form or equivalent approved by the County as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Contractor shall name the County, its elected officials, trustees, employees, Solicitation #B2500058 Page 18 agents, and volunteers as "Additional Insureds" for work that is being performed by the Contractor On,insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract Upon request by the County, Contractor must provide a certified copy of the actual insurance policy and/or required endorsements, for examination, effecting coverage(s) required by the Contract Such documents are deemed confidential and deemed not public records for purposes of the Colorado Open Records Act All certificates and endorsements are to be received and approved by the County before work commences Each insurance policy required by this Agreement must be in effect at or pnor to commencement of work under this Agreement and remain in effect for the duration of the project, and for a longer penod of time if required by other provisions in this Agreement Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal is a matenal breach of contract All certificates and any required endorsement(s) shall be sent directly to the County Department Representative's Name and Address The project/contract number and project description shall be noted on the, certificate of insurance The County reserves the nght to require complete, certified copies of all insurance policies for examination required by this Agreement at any time -Any modification or variation from the insurance requirements in this Agreement shall be made by the County Attorney's Office, whose decision shall be final Such action will not require a _ formal contract amendment but may be made by administrative action 13 Additional Insurance Related Requirements The County requires that all policies of insurance be wntten on a pnmary basis, non-contributory with any other insurance coverages and/or self-insurance carned by the County The Contractor shall advise the County in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit At their own expense, the Contractor will reinstate the aggregate limits to comply with the minimum requirements and shall furnish the County with a new certificate of insurance showing such coverage is in force Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project Contractors Professional Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years after completion of the project Certificates of insurance shall state that on the policies that the County is required to be named as an Additional Insured, the insurance carner shall provide a minimum of 30 days advance wntten notice to the County for cancellation, non -renewal, suspension, voided, or matenal changes to policies required under this Agreement, except when cancellation is for non- payment of premium, then ten (10) days pnor notice may be given On all other policies, it is the Contractor's responsibility to give the County 30 days' notice if policies are reduced in coverage or limits, cancelled or non -renewed However, in those situations where the insurance carner refuses to provide notice to County, the Contractor shall Solicitation #B2500058 Page 19 notify County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days or receipt of insurer's notification to that effect. The Contractor agrees that the insurance requirements specified in this Agreement do not reduce the liability Contractor has assumed in the indemnification/hold harmless section of this Agreement. Failure of the Contractor to fully comply with these requirements during the term of this Agreement may be considered a material breach of contract and may be cause for immediate termination of the Agreement at the option of the County. The County reserves the right to negotiate additional specific insurance requirements at the time of the contract award. 14. Subcontractor Insurance. Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above -described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. 15. 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. Insurance Mailing Information Certificates of Insurance, endorsements and bonds shall be provided to the County via electronic correspondence or mail using the information below: Email: Project Manager: Curtis Naibauer Email: cnaibauer@weld.gov Telephone: 970-400-2027 Mail: Weld County Facilities ATTN: Curtis Naibauer PO Box 758 Greeley, CO 80632 Solicitation #B2500058 Page 20 Schedule F - Weld County Contract Contractual Obligations 1. The successful Contractor will be required to sign a contract substantially similar to the Weld County Standard Contract shown in Schedule F of this document. The County reserves the right to add or delete provisions to the form prior to Agreement execution. 2. Issuance of this solicitation does not commit the County to award any agreement or to procure. 3. If a formal contract is required, the Contractor agrees and understands that a Notice of Award does not constitute a contract or create a property interest of any nature until a contract is signed by the Awardee and the Board of County Commissioners and/or their authorized designee. 4. Contractor is responsible for reviewing the Weld County Standard Contract and understanding the terms and conditions contained therein, including, but not limited to, insurance requirements, indemnification, illegal aliens, equal opportunity, non - appropriation, and termination. 5. Contractor's Response to this solicitation is a willingness to enter into the Weld County Standard Contract or Contractor shall identify and include any proposed revisions they have for the Weld County Standard Contract. Any proposed revisions made by the Contractor after the County Notice of Intent to Award the Solicitation may be grounds for rescinding said Notice. The identification of willingness to enter into the standard Agreement is for general purposes at this time, but is part of the evaluation process and must be included. There may be negotiations on a project -by -project basis that provide further clarification. Weld County Standard Contract Below is a sample of a standard Weld County Contract for General Services: SERVICE AGREEMENT BETWEEN WELD COUNTY AND [CONTRACTOR] THIS AGREEMENT is made and entered into this day of , 202_, by and between the Board of Weld County Commissioners, on behalf of [DEPARTMENT], hereinafter referred to as "County," and [CONTRACTOR], hereinafter referred to as "Contractor". WHEREAS, County requires an independent contractor to perform the services required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing and has the specific ability to perform the required services at or below the cost set forth in the attached Exhibits; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below. Solicitation #B2500058 Page 21 NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the attached Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall be based upon order of attachment. Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No. B Exhibit B consists of Contractor's Response to County's Request. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products n ecessary for the Work and agrees to diligently provide all services, labor, personnel, and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and ends one year later. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience u pon thirty (30) days written notice to Contractor. Due to the time needed for County to procure replacement services, Contractor may terminate this Agreement for its own convenience upon n inety (90) days written notice to County. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and Contractor shall deliver to County all completed or partially completed Work under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Amendment. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. 6. Compensation. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay Contractor an amount not to exceed $ as set forth in the Exhibits. No payment in excess of that set forth in the Exhibits will Solicitation #B2500058 Page 22 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 or agents 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. Any provisions in this Contract that may appear to give the County the right to direct Contractor as to details of doing work or to exercise a measure of control over the work mean that Contractor shall follow the direction of the County as to end results of the work only. The Contractor is obligated to pay all federal and state income tax on any moneys earned or paid pursuant to this contract. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of the Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees, and subcontractors. 9. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. Solicitation #B2500058 Page 23 10. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default exists shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 11. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. Contractor shall provide coverage with limits of liability no less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a "following form" basis. Acceptability of Insurers: Insurance is to be placed with insurers duly licensed or authorized to do business in the state of Colorado and with an "A.M. Best" rating of not less than A -VII. The County in no way warrants that the above -required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency. Required Types of Insurance. Workers' Compensation and Employer's Liability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Coverage B (Employers Liability) Statutory 100,000 100,000 500,000 Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work. The policy shall be endorsed to include the following additional insured language: "County, its elected officials, trustees, employees, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor." Such policy shall include Minimum Limits as follows: Solicitation #B2500058 Page 24 Each Occurrence General Aggregate Products/Completed Operations Aggregate Personal/Advertising Injury 1,000,000 2,000,000 2,000,000 1,000,000 Automobile Liability Insurance for Bodily Injury and Property Damage for any owned, hired, and non -owned vehicles operating both on County property and elsewhere in the performance of this Contract. Contractor's Automobile Insurance Policy shall include Minimum Limits as follows: Bodily Injury/Property Damage (Each Accident) $ 1,000,000 16. Proof of Insurance. All insurers must be licensed or approved to do business within the State of Colorado, and unless otherwise specified, all policies must be written on a per occurrence basis. The Contractor shall provide the County with a Certificate of Insurance evidencing all required coverages, before commencing work or entering the County premises. The Contractor shall furnish the County with certificates of insurance (ACCORD) form or equivalent approved by the County as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Contractor shall name the County, its elected officials, trustees, employees, agents, and volunteers as "Additional Insureds" for work that is being performed by the Contractor. On insurance policies where the County is named as an additional insured, the County shat be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract. Upon request by the County, Contractor must provide a certified copy of the actual insurance policy and/or required endorsements, for examination, effecting coverage(s) required by the Contract. Such documents are deemed confidential and deemed not public records for purposes of the Colorado Open Records Act. All certificates and endorsements are to be received and approved by the County before work commences. Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project, and for a longer period of time if required by other provisions in this Agreement. Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal is a material breach of contract. All certificates and any required endorsement(s) shall be sent directly to the County Department Representative's Name and Address. The project/contract number and project description shall be noted on the certificate of insurance. The County reserves the right to require complete, certified copies of all insurance policies for examination required by this Agreement at any time. Any modification or variation from the insurance requirements in this Agreement shall be made by the County Attorney's Office, whose decision shall be final. Such action will not require a formal contract amendment but may be made by administrative action. Solicitation #B2500058 Page 25 17. Additional Insurance Related Requirements: The County requires that all policies of insurance be written on a primary basis, non-contributory with any other insurance coverages and/or self-insurance carried by the County. The Contractor shall advise the County in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit. At their own expense, the Contractor will reinstate the aggregate limits to comply with the minimum requirements and shall furnish the County with a new certificate of insurance showing such coverage is in force. Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project. Contractors Professional Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years after completion of the project. Certificates of insurance shall state that on the policies that the County is required to be named as an Additional Insured, the insurance carrier shall provide a minimum of 30 days advance written notice to the County for cancellation, non -renewal, suspension, voided, or material changes to policies required under this Agreement, except when cancellation is for non- payment of premium, then ten (10) days prior notice may be given. On all other policies, it is the Contractor's responsibility to give the County 30 days' notice if policies are reduced in coverage or limits, cancelled or non -renewed. However, in those situations where the insurance carrier refuses to provide notice to County, the Contractor shall notify County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days or receipt of insurer's notification to that effect. The Contractor agrees that the insurance requirements specified in this Agreement do not reduce the liability Contractor has assumed in the indemnification/hold harmless section of this Agreement. Failure of the Contractor to fully comply with these requirements during the term of this Agreement may be considered a material breach of contract and may be cause for immediate termination of the Agreement at the option of the County. The County reserves the right to negotiate additional specific insurance requirements at the time of the contract award. 18. Subcontractor Insurance. Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above -described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. 19. 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. Solicitation #B2500058 Page 26 20 Mutual Cooperation The County and Contractor shall cooperate with each other in the collection of any insurance proceeds which may be payable in the event of any loss, including the execution and delivery of any proof of loss or other actions required to effect recovery 21 Indemnity. The Contractor shall defend, indemnify, hold harmless and, not excluding the County's nght to participate, defend the County, its officers, officials, agents, and employees, from and against all liabilities, claims, actions, damages, losses, and expenses including without limitation reasonable attorneys' fees and casts (hereinafter referred to collectively as "claims") for bodily injury or personal injury including death, or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors This indemnity includes any claim or amount ansing out of or recovered under the Workers' Compensation law or ansing out of the failure of such contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or court decree It is the specific intention of the parties that County shall, in all instances, except for claims ansing solely from the negligent or willful acts or omissions of the County, be indemnified by Contractor from and against any and all claims It is agreed that Contractor will be responsible for pnmary loss investigation, defense, and judgment costs where this indemnification is applicable In consideration for the award of this contract, the Contractor agrees to waive all nghts of subrogation against the County, its officers, officials, agents, and employees for losses arising from the work performed by the Contractor for the County 22 Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the pnor wntten approval of County. Any attempts by Contractor to assign or transfer its nghts hereunder without such pnor approval by County shall, at the option of County, automatically terminate this Agreement and all nghts of Contractor hereunder Such consent may be granted or denied at the sole and absolute discretion of County 23 Examination of Records. To the extent required by law, the Contractor agrees that a duly authonzed representative of County, including the County Auditor, shall have access to and the nght to examine and audit any books, documents, papers, and records of Contractor, involving all matters and/or transactions related to this Agreement Contractor agrees to maintain these documents for three years from the date of the last payment received 24 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, stnkes, war, flood, earthquakes, or Governmental actions 25 Notices. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances a) personal service by a reputable courier service requiring signature for receipt, or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract, or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required and received by the sending party, or Either party may change its notice address(es) by wntten notice to the other Notice may be sent Solicitation #B2500058 Page 27 to: TO CONTRACTOR: N ame: Position: Address: E-mail: P hone: TO COUNTY: N ame: Position: Address: E-mail. P hone: 26. 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. 27. Non -Exclusive Agreement. This Agreement is nonexclusive, and County may engage or u se other Contractors or persons to perform services of the same or similar nature. 28. 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. 29. 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. 30. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50- 507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 31. Survival of Termination. The obligations of the parties under this Agreement that by their n ature would continue beyond expiration or termination of this Agreement (including, without limitation, the warranties, indemnification obligations, confidentiality and record keeping requirements) shall survive any such expiration or termination. 32. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or u nenforceable 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. Solicitation #B2500058 Page 28 33. Non -Waiver. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of the monetary limitations or any of the other immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§ 24- 10-101 et seq., as applicable now or hereafter amended. 34. 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 riot 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. 35. 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. 36. 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. 33. No Employment of Unauthorized Aliens - Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an unauthorized alien who will perform work under this Agreement (see 8 U.S.C.A. §1324a and (h)(3)) nor enter into a contract with a subcontractor that employs or contracts with an unauthorized alien to perform work under this Agreement. Upon request, contractor shall deliver to the County a written notarized affirmation that it has examined the legal work status of an employee and shall comply with all other requirements of federal or state law. Contractor agrees to comply with any reasonable request from the Colorado Department of Labor and Employment in the course of any investigation. 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. 34. 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. 35. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra -judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. Solicitation #B2500058 Page 29 CONTRACTOR: By: Name: Title: WELD COUNTY: ATTEST: Weld County Clerk to the Board BY: Date of Signature: BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO Deputy Clerk to the Board Insert Name, Chair Solicitation #B2500058 Page 30 April 10, 2015 _V1 1N: \Veld County - 11 • Ii 1i 2500058 and Repairs DC Group Technical Proposal UPS Maintenance, Repair, and Support Services Within this document you will find DC Group's Technical Proposal for UPS Maintenance, Repair, and Support Services. Thank you for your time and consideration in addressing your critical power needs. Sincerely, e'o frey Dopkins Government Sales Executive DC Group, Inc. 1977 West River Road North Minneapolis,1\LN 55411 Hill) 41-0957S54 UEI PCJ9GS7YLYD6 1. Section A, Project Summary Direct Number: 612.235.3130 Email: geoffrev.dopkins(ijdc-grotipecom Table of Contents 2. Section B, DC Group Overview 3. Section C, Responsibility and Qualifications 4. Section D, Methodology 5. Section E, Readiness and Capacity to Perform 6. Section F, Performance Standards, Procedures, and Deliverables 7. Section G, Clarifications 8. Section H, DC Group Field Engineer Bios / Certifications 9. Section I, Schedule D and Amendment #1 DC Group — Technical Proposal Page 2of7 Proposal Section A, Project Summary This proposal is for maintenance and repair of the customer's Uninterruptible Power Supply and Battery Systems. The maintenance being quoted is critical in maintaining the efficiency and reliability of the customer's critical power infrastructure. This maintenance is to be completed by DC Group certified UPS technicians who are very familiar with the operation of UPS equipment. Proposal Section B, DC Group Overview Established in 1991, DC Group is North America's largest independent provider of critical power maintenance with service throughout the U.S. and Canada. DC Group is known for: • Comprehensive OENI-level access to the 5 major brands of UPS equipment • Innovative client software solutions that are defining the future of critical power management • Standard -setting emergency response times (average is 2.35 hours) • 100% service completion rate. • Parts inventory that includes OEM -discontinued and rare parts, over 1,000,000 parts in stock • An industry- leading training and certification process that only accepts candidates with a minimum of 6 years OEM or Military experience. DC Group's PowerTools SuiteTm of proprietary. software is the most comprehensive, proactive asset management solution available. Ever- day, these streamlined and intuitive tools deliver unprecedented efficiency and OEM -level service at independent prices. This suite is complimentary? to DC Group clients. Our SmartKeyTM software tool gives our engineers full communication with the "operating systems" of uninterruptible power supply units and eliminates the need for original equipment manufacturer (OEND service support. SmartKey is a complete diagnostic and troubleshooting solution. With it, we can adjust firmware, provide calibration, change parameters, clear alarms, analyze root causes of issues and much more. Your Vertiv .FPM units require this type of software for routine maintenance, calibration, system adjustments, as well as repair services. If your service provider does not have this type of software, they are putting the countyr at risk not only for extended UPS unit downtime but also significant T&lei expenses. DC Group is the only independent service provider who can provide this capability across UPS brands with our own employed field engineers. We service every make and model of uninterruptible power supply (UPS) equipment built since the 1980s. This is accomplished by maintaining the largest inventory of parts in the industry more than one million parts, including OEM -discontinued parts. This pertains to the Liebert Npower LIPS unit. This UPS model has been discontinued by the manufacturer ♦Ie 1 800 838.7927 I dc-group.com ( 1977 West River Road North Minneapolis. MN 55411 u p DC Group — Technical Proposal Page 3 of 7 DC Group engineers have a minimum of 6 years GEM or military UPS training and receive rigorous ongoing training. Dedicated DC Group account managers work closely with clients to discover opportunities for improved efficiency and performance. Proposal Section C, Responsibility and Qualifications Staffing Plan: 1. Field Service Engineers a. DC Group employs 5 Field Service Engineers located within 2 hours Greeley, CO who will be available to service this agreement. If awarded, a dedicated Account Manager will be assigned to this Agreement and will be the point of contact for customer employees. Resumes/Certifications of Field Service Engineers listed in document b. All maintenance will be provided by DC Group Field Service Engineers with a minimum of six years' OEM or Nalitary industry? experience. (No maintenance tasks are subcontracted) Proposal Section D, Methodology Operating Plan: 1. Standard Hours of Operation ICI -Fr 8:002kNI - 5:00 PM Central Time 2. 24/7 Emergency Services, phones are answered 24/7 3. Spare Parts Program a. DC Group maintains the largest inventory of parts in the industry more than one million parts, including OEM -discontinued parts, for ever- make and model of UPS. Our central warehouse is in Minneapolis, MN where we can expedite the deliver- of parts in order to meet a 24 hour requirement. 4. Batter- Warehousing — As value added to our customers, DC Group warehouses all commonly -used `rRLA batteries for rapid deployment. We can ship most UPS batteries within 24-48 hours, coast to coast. DC Group's engineers are fully trained in proper installation and recycling of UPS batteries, and strictly follow all manufacturer IEEE and EPA guidelines for wet cell and flooded batteries. 5. Schedule - Unless othenvise directed, DC Group plans to maintain the following performance schedule: a. DC Group will work to schedule initial preventative maintenance within the first 30 days of the contract start date depending on the immediate availability and site requests b. Field service reports and recommendations for corrective actions will be delivered and available to view on our client portal, D -Tech. 1 800.888.7327 I dc-aroup.ccm j 1977 West River Road North Minneapo is. MN 55411 u p DC Group — Technical Proposal Page 4of7 c. Corrective actions/parts replacement will be scheduled to be performed as soon as they are approved. d. A maintenance calendar will be maintained by DC Group that tracks the maintenance schedule of each unit. \X -Then the next preventative maintenance visit is due to be completed, a DC Group Account Manager will contact the appropriate site employees to schedule the task. Proposal Section E, Readiness and Capacity to Perform DC Group, its Field Service Engineers, and its Executives are fully prepared, experienced, and committed to carrying out the tasks outlined in this RFP. We believe that DC Group's industry -leading capabilities and expertise position us as the best option for award of this solicitation. 1. Tools a. DC Group Field Service Engineers are equipped with all industry standard tools to perform maintenance to the manufacturer's specifications. b. SmartKey: DC Group Field Service Engineers are also equipped with SmartKey, our proprietary Software tool that allows our Engineers to gain OEM -level access to the UPS and perform evert possible maintenance action needed to keep the equipment running at the highest level. c. Tnick Stock: DC Group Field Service Engineers are equipped with a small parts inventory to handle the most common repairs as they are discovered. ?. Safety a. DC Group employees undergo rigorous safety training to ensure they are prepared for the multitude of dangerous situations that may occur. Our 195 page Safety Manual covers training on Arc Flash conditions, as well as, any other foreseeable safety hazard that may occur. Quality Assurance/Quality Control Plan 1. Quality Control a. While on the phone, the DC Group Account Manager will generate a trouble ticket and assign the customer a job number for future reference; the DC Group Account Manager will also enter the information collected from the customer into DC Group's automated software for tracking and monitoring. 2. Reporting a. DC Group's proprietary reporting and organization software, D -Tech, will be used for the execution of this contract. b. Service reports will be provided via email and uploaded to D -Tech within 24 hours. ♦Ie 1 800.838 7927 j do -group corn, 1977 West River Road North Minneapolis, MN 55411 up DC Group — Technical Proposal Page 5 of 7 3. Response Time a. DC Group will utilize Field Service Engineers for this project with an onsite emergency response time of 2 hours. b. For repairs requiring equipment that the Field Service Engineer does not have access to, equipment can be supplied from our Warehouse via Delta Dash to arrive within 24 hours. c. PM visits will be scheduled at least two weeks in advance. Proposal Section F, Performance Standards, Procedures, and Deliverables 1. Performance Standards a. DC Group services UPS & Battery equipment to meet or exceed manufacturer's specifications. b. Upon Identifying equipment that requires corrective action or upon identifying a safety issue, a DC Group Field Service Engineer records the information \within the Field Service Report to notify the client. Subsequently, repairs that are covered under the contract agreement are immediately- coordinated by the DC Group Account Manager. For repairs beyond the scope of the contract agreement, a quotation will be issued to the client for anv costs associated with the repair. c. DC Group will contact the site by phone or email for the following reasons: i. To schedule a PM ii. To deliver a Field Service Report To deliver a quote for recommended repairs/parts iv. For billing Nr. To clarify any miscellaneous scheduling, logistics, or other issues required to complete the work defined within the contract agreement d. Upon emergency request: i. The assigned DC Group Account Manager or on -duty? Dispatch Manager will be available on a 24/7 basis to receive the initial service request. u. Once request is received, DC Group will attempt to resolve minor issues telephonically- with the site. For minor issues that cannot be solved telephonically, a DC Group Field Service Engineer will immediately be dispatched to the site. In the unlikely- event that all DC Group Field Service Engineers are in the field at time of request, a Field Service Engineer will be rerouted from a nonemergency task in order to service the emergency request within the required timeframe. 2. In addition to the requirements of this solicitation, DC Group will provide the following deliverables through the course of an awarded contract: a. All maintenance tasks to be performed by DC Group Field Service Engineers with a minimum of 5 rears OEM or relevant military experience. (No maintenance/repair tasks subcontracted) b. Detailed Field Service Reports delivered to the client; reports also accessible through our client portal, D -Tech. ♦Ie 1 800.838.7927 do -croup coin I 1977 West River Road North Minneapolis. NAN 55411 u p DC Group — Technical Proposal Page 6 of 7 c Timely quotations for repairs beyond the scope of the contract agreement d Proactive scheduling by a dedicated DC Group Account Manager to ensure that the appropriate maintenance schedule is maintained e Industry -leading parts availability with a focus on stockpiling of rare and discontinued parts f Industry leading emergency service response times g ' DC Group will not unplement manufacturer field change notices I Proposal Section G} Clarifications I **We believe these units were to be removed from contract as site no longer utilizing *DC Group is not able to offer "passthrough" pricing The price listed is for labor charges In addition to the listed price, DCG would add the parts and/or battery cost with shipping fees and add 15% to that total to cover administrative costs The listed prices for battery, capacitor / fan replacement assume the labor is performed during "Normal Hours" "Unknown" We were not able to determine battery quantity so not able to offer price i -Preventative Maintenance can be scheduled anytime Monday — Fnday- %Be 1 800 838 7927 I do -group com 11977 West River Road North Minneapolis MN 55411 DC Group — Technical Proposal Page 7 of 7 Proposal Section H, DC Group Field Engineers Biographies/Certifications See the following: ♦ I ♦ 1.800 838.7927 I de -group com j 1977 West River Road North kilinneapolis. MN 554'11 u p uninterrupted power do group ENGINEER BIOGRAPHY Kuldeep Koul — Sr Field Service Engineer UPS EQUIPMENT EXPERTISE: Experience on all manufacturers/models of UPS systems and related equipment EXPERIENCE: Has experience performing preventative, emergency, and remedial maintenance on all manufacturers/models of uninterruptible power systems and related equipment. EDUCATION: - B.E. Electronics, Baba Sahib Ambedkar University, Aurangabad EMPLOYMENT: - 1996-2005: Overseas Service Engineer (Pillar and Cyberex - New Delhi, India) - 2006 -Present: DC Group CERTIFICATIONS)/AWARD(S) - Certified by DC Group to maintain Liebert, APC, Powerware, MGE, GE, and Mitsubishi UPS Systems OTHER INFO: urnote,rup[ed pawei ♦Ie dc group ENGINEER BIOGRAPHY Scott Maurice Field Service Engineer UPS EQUIPMENT EXPERTISE: Liebert/Emerson; Powerware EXPERIENCE: Has experience performing preventative, emergency, and remedial maintenance on all manufacturers/models of uninterruptible power systems and related equipment. EDUCATION: U.S. Navy: Nuclear Training Electronic Technicial, Nuclear/Electronics Maintenance Technician EMPLOYMENT: 1999 to 2005: U.S. Navy (Electronic Technicial2nd Class) 2006 to 2006: BAE Systems 2006 to Present: DC Group CERTIFICATION(S): - Certified by DC Group to maintain Liebert, APC, Powerware, MGE, GE, and Mitsubishi UPS Systems 11ntnteril,pted POWP{ do grou'p'" ENGINEER BIOGRAPHY Jay Cantorna Field Service Engineer UPS EQUIPMENT EXPERTISE: GE LP -33 and GE SG EXPERIENCE: Has experience performing preventive, emergency, and corrective maintenance on all models/makes of uninterruptible power supplies and related equipment including, MGE, APC, Liebert, Powerware, GE, Mitsubishi, and Toshiba, including SG and LP33 UPS startups. EDUCATION: Associate of Science Degree in Electronics Engineering, ITT Technical Institute, Sylmar CA EMPLOYMENT: - 2008-2012: General Electric Corporation -2012-Present: DC Group CERTIFICATION(S): - Certified by DC Group to maintain Liebert, APC, Powerware, MGE, GE, and Mitsubishi UPS Systems - GE Certificate for SG and LP33 UPS - GE Certificate for Innova 2100, 3100, and 4100 - Lucent Certificate for CB 228A Flexent CDMA Modcell Stand Alone and Integration Testing - Lucent Certificate for ES5401 5ESS Switch Installation (Hardware Identification) - Lucent Certificate for ES5406 5ESS Switch Installation (AM and CNI Harware) - Lucent Certificate for ES5407 5ESS Switch Installation (CM Hardware) - Lucent Certificate for ES5409 5ESS Switch Instllation (Line and Trunk Test) un nteriupted pf we! % I s dc group ENGINEER BIOGRAPHY John Garcia — Field Service Engineer EXPERIENCE: -Senior Executive and United States Navy veteran with 20+ years of experience in organizational communication, nuclear program management, and team training. Active Secret Clearance. Ensured government regulations and policies were adhered to in a fast paced, dynamic environment through a combination of formal monitoring and inspections, training, root cause analysis with process improvement, and project management. EDUCATION: -2019: Professional Military Education Certificate, Naval War College -2016: Instructor Techniques, Naval Nuclear Power Training Unit -2011: Bachelor of Science, Nuclear Engineering Technology. Thomas Edison State University -2007: Electronics Technician Maintenance, Naval Submarine School -2003: Nuclear Reactor Operator, Naval Nuclear Power Training Unit -2002: Electronics Technician, Naval Nuclear Power Training Command EMPLOYMENT: -Feb 2019 - July 2022: United States Navy (Senior Operations Advisor, Engineering Department Master Chief) -Nov 2015 — Feb 2019: United States Navy (Training Supervisor, Staff Training Group) -July 2011 — Nov 2015: United States Navy (Maintenance Project Manager, Leading Chief Electronics Technician) -July 2008 - July 2011: United States Navy (Submarine Safety Program Manager, Ship Safety Officer) - Sep 2003 -- July 2008: United States Navy (Team Lead, Leading Electronics Technician) - Dec 2001 — Sep 2003: United States Navy (Nuclear Operator) CERTIFICATIONS)/AWARD(S): -2022: Certified by DC Group to maintain Eaton/Powerware/Tripplite, Emerson/Liebert/Chloride/Vertiv/Alber, APC/MGE/Schneider, SolarEdge/Gamatronics, ABB/Cyberex UPS systems, UPS Battery Systems (wet cell, VRLA, Li -ION), plus electrical safety, battery safety, PPE, Lock Out/Tag Out and Field/Safety training as per the DC Group Safety Manual. uninterrupIted power do groUp ENGINEER B OGRAPHY Darrell Jones ® Field Service Engineer UPS EQUIPMENT EXPERTISE. i 6 years US Navy Nuke (Electroncis' Technician) EXPERIENCE: Six (6) years with US Navy with the skills as an experienced technical maintenance and with the thorough understanding of electncal systems such as transformers inverters and rectifiers used in power generation and troubleshootmg processes to ensure proper lockout tag outs and repairs along with generating and filing of documentation for maintenance items Currently certified to maintain Liebert, Powerware, MGE, APC, GE, Mitsubishi, Toshiba, Gamatromcs, Staco, Tnpp Lite UPS systems, plus electncal safety, battery safety, PPE, Lock Out/Tag Out EDUCATION: 2017-2018 Protype Reactor Training 2017 Nuclear Power School 2016 Nuclear Electronics 'A' School EMPLOYMENT. 2016-2022 US Navy 2022 -Present DC Group CERTIFICATION(S)/AWARD(S) 2022 Certified by DC Group to mamtampebert, Powerware, MGE, APC, GE, Mitsubishi, Toshiba, Gamatronics, Staco, Tripp Lite UPS systems, plus electncal safety, battery safety, PPE, Lock Out/Tag Out and Field/Safety training as per DC Group Safety Manual OTHER INFO: Schedule D - Bid Response Form Bid Submittal Instructions The following items must be completed and submitted with your bid on or before the bid opening deadine of 11:00 am on April 10, 2025: 1) Schedule D — Bid Response Form 2) Any potential or future Addenda must be completed/acknowledged. 3) All other items as requested in the Bid Specifications and/or Scope of Work. Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete, non -responsive, and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it may be disqualified. Fees Provide fees for this project below: Building Name Address Model # Preventative Maintenance Cost Battery Capacitor S Fan Replacement Cost Replacement Cost Centennial Center 91510th Street, Greeley SYCF40KF $ ZJS1 `/ $ 11)qZ2. ' ! � $ IVIA Centennial Center 91510th Street, Greeley OG-PDRPPNX10-M NpotArtr cokvA $ Z;4 $ Reymeved $ etemovti Law Admin 1950 Street, Greeley O- 37SA065A0C6EA02 WPo,„, 6SK/A Z) Slit Reoficivrof $ $ let-sic/4 $ Law Admin 1950 Street, Greeley O- SYCF100KF $ 3)060 $ Aup, $I S167.60� North Jail 2 2110 Street, Greeley O- SYA8K16PXR $31g23 file $ NA $ ii East. -C-3° North West Jail 2110 Street. Greeley O- OG-PD40G6FK1-M $ $ &sip*/ $ fertfini 2l 071 Npo1/4...1-u- VOkvAi- North Jail 1 2110 O- SYA8K16PXR $ ') S30 $t1fi691,23'� $ /0/AEast Street, Greeley 1551 Building 1551 Ave, N. Greeley 17th NRD90CCSA0A 1077 $ 2)Selit 01260.03* g /OA North West Master Control Jail 1 2110 Street O SBP16KP $ ��S30 $ 0��A°ten $ N/A Tower Weld County 35th 3105 Ave, 35th Greeley NXB 30 � dog �I* o � S s I L . 3 .� $ Z � �'� 2) 011 *le Solicitation #B2500058 Page 16 Weld County Tower 35th 3105 Ave, 35th Greeley NRD90CCSAOA342 6 $ ZeiS 1 q $ 4)1114Z 'fr & $ NiA Total Z `f 371-7 air s --S 54)2 3s� $ 1/7 � $17 . I � $ g . Qcdo,;(144% This contract may be renewed for three additional one-year increments at Weld County's discretion. Please identify the escalation cost percentage for each subsequent year renewal. "�`` cla,` �,�_ P 9 q Y Annual escalation rate: „? Attestation 0/0 The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all the conditions, specifications and special provisions set forth in the Invitation for Bid for Request No. #B2500058. 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. Acknowledgement that bidder is required to submit a current IRS Form W9 upon award and prior to contracting. 5. Acknowledgement of Schedule E -- Insurance 6. Acknowledgment of Schedule F — Weld County Contract 7. By submitting a responsive bid or proposal, the supplier agrees to be bound by all terms and conditions of the solicitation as established by Weld County. 8. 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. Item Entry Company Name: DC Group÷lit,c L97/rs�- `� uAddress: K:�Rat M =� MA) SSyl1 Phone ‘12, 23s" 330 eo.�('rey. Ice k itsis 0 _ tic - 44_ co/ti Email: FEIN/Federal Tax ID #: y/-- o9s7gos-y CONTRACTOR: By: Name: ri ioureL CANAW0(4--in Title: CeNARckcir MoAr•aPs'� _Ap r:A ct i 2,02,5 - Date of Signature Solicitation #B2500058 Page 17 Addendum # 1 Bid Request Number B2500058 UPS Preventative Maintenance and Repairs 1. Question: Centennial Center — Model OG-PDRPPNXI 0-M• This unit might be a PDU. If so, that item would not have batteries or need capacitor replacement. Please advise Answer: This unit is a UPS and has batteries and capacitors. 2. Question: North Jail — Model OG-PD40G6F1-M; this unit might be a PDU. If so, that item would not have batteries nor need capacitor replacement. Please advise. Answer: This unit is a UPS and has batteries and capacitors. 3. Question: Training — How many training sessions is contractor required to provide per contract year? How many attendees can be expected? Answer: No training sessions are required. 4. Question: Does the county really expect batteries at our invoiced cost? Additional expenses are incurred for warehousing / handling batteries and parts. Answer: All costs associated with purchasing the batteries and getting them to the site shall be covered under the cost provided in this bid. All labor to install them will be based on the labor rates provided in this bid. 5. Question: Are parts/battery prices fixed for entire length of contract? These prices fluctuate regularly. Answer: Prices for batteries and parts will be fixed for the length of the contract. They will be allowed to increase per the yearly escalation given in this bid. 6. Question: Does the annual escalation rate apply just to the PM services? Answer: The annual escalation rate will apply to all prices given in this bid. Addendum Acknowledgement ***A signed copy must be submitted with your bid. Thank you!*** Company Name: tC &el>, Inc- Signature: Name: Title: i5-banik c{,teLafro, Cavj\racirMstinglAr April 8, 2025 [Click to Update] n l pie ?.oZS Date of Signature ACCDR®® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYI� 05105/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(res) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the po icy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) PRODUCER CONTACT Michele Miller NAME North Risk Partners 2010 Centre Pointe Blvd all,„ Extt (651)379-7800 I ;aC No) (651)379-7801 ADDREE MAILSS michele miller@northnskpartners com INSURERS) AFFORDING COVERAGE NAIC N Mendota Heights MN 55120 INSURERA Phoenix Insurance Co 25623 INSURED INSURER B Travelers Property Casualty Co of America 25674 DC Group, Inc INSURER c Fireman's Fund Insurance Company 21873 1977 W River Road N INSURER D Travelers Casualty & Surety Company of America 31194 INSURER E Minneapolis MN 55411 INSURER CERTIFICATE NUMBER 25 26 All Lines REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS DJSR LTR TYPE OF INSURANCE ADDL SUER INSD WVO POLICY NUMBER POLICY EFF (MMIDD/YYYY) POLICY FRCP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ® OCCUR X Contractual Liability H6301Y534721PHX25 05/01/2025 05/01/2026 EACH OCCURRENCE $ 1 C... PREM SES (Ea occurrence) $ 1 000 000 MED EXP (Any one person) $ 10 009 RERSONALaADVINJURY $ 1 000 000 to Stop Gap -ND,WA,WYOH GENERAL AGGREGATE $ 2 000 000 GEN LAGGREGATE LIMIT APPLIES PER _ POLICY ® MT D LOC OTHER PRODUCTS COMP/OP AGG $ 2 OOO 000 $ B AUTOMOBILE LIABILITY X ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY X@ Comp 2,000 SCHEDULED AUTOS NONOWNED AUTOS ONLY X Call 2,000 8101Y42369A2513G 05/01/2025 05/01/2026 COMBINED SINGLE LIMIT (Ea accident) $ 1 000,000 BODILY INJURY (Per person) $ BODILYINJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ S C x UMBRELLA LIAB X EXCESSLIAB X OCCUR CLAIMS MADE UXP1058512/CUP1Y54740325 05/01/2025 05/01/2026 EACH OCCURRENCE $ 20 000,000 AGGREGATE $ 20,000,000 $ D. I X RETENTION $ 10'000 B WORKERS COMPENSATION AND EMPLOYERS LIABILITY �./N ANYPROPRIETcE RTNEETECUTIVE m in N ) EXCLUDED (Mandatory to NH) (Mandatory Ifyes descl"C% er DESCRIPTION OF OPERATIONS Mow NIA U61Y5469162513G 05/01/2025 05/01/2026 QQom�(( d`'l( STATUTE I I EORH EL EACHACC(DENT $ 1,000,000 E L DISEASE - EA EMPLOYEE $ 1,000,000 E L DISFJiSE- POLICY LIMIT $ 1,000,000 D Cnme - 3rd Party - Per Single Loss 106727680 05/01/2025 05/01/2026 EE Theft -Client Property EE Theft Deductible 5,000,000 50,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space IS required) Weld County, Colorado, its elected officials, its subsidiary associated and/or affiliated entities, successors, or assigns, employees, agents, and volunteers are included as additional insured on the general and auto liability when required by written contract Waiver of subrogation applies in favor of all additional Insureds in regards to general liabililty, auto liability and workers compensation when required by written contract CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Weld County ACCORDANCE WITH THE POLICY PROVISIONS 1150 O Street AUTHORIZED REPRESENTATIVE Greeley I CO 80631 �� . c___ _ ACORD 25 (2016/03) @ 1988-2015 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks of ACORD Contract Form Entity Information Entity Name* DC GROUP INC Contract Name* UPS MAINTENANCE AGREEMENT Contract Status CTB REVIEW Entity ID* @00043490 Q New Entity? Contract ID 9416 Contract Lead* CNAIBAUER Contract Lead Email cnaibauergweld.gov Contract Description* PROVIDE MAINTENANCE SERVICE FOR ALL COUNTY UPS SYSTEMS. Contract Description 2 Contract Type* CONTRACT Amount* $77,703.52 Renewable* NO Automatic Renewal Grant IGA Department BUILDINGS AND GROUNDS Department Email CM- BuildingGrounds@weld.go v Department Head Email CM-BuildingGrounds- DeptHead@weld.gov County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEYg WEL D.GOV Requested BOCC Agenda Date* 05/14/2025 Parent Contract ID Requires Board Approval YES Department Project # Due Date 05 10,'2025 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Review Date* 03/02/2026 Committed Delivery Date Contact Type Contact Email Renewal Date Expiration Date* 04/30/2026 Contact Phone 1 Contact Phone 2 Purchasing Approver Purchasing Approved Date Approval Process Department Head PATRICK O'NEILL DH Approved Date 05)120'2025 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 05;'28 2025 Finance Approver RUSTY WILLIAMS Legal Counsel BYRON HOWELL Finance Approved Date Legal Counsel Approved Date 05,721 2025 05/22'2025 Tyler Ref # AG 052825 Originator CNAI BAU ER April 16, 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: Uninterruptable Power Supply preventative maintenance and repairs — B2500058 As advertised this bid is for preventative maintenance and repairs for all the county uninterruptable power supply units. The low and only bid was from DC Group as follows: 1. Yearly preventative maintenance 2. Battery replacement costs 3. Capacitor and fan replacement $ 24,374.00 $ 47,817.17 $ 5,512.35 $ 77,703.52 DC Group is the low and only responsive bidder. They have held this contract for the past four years and have done a good job. Therefore, the Facilities Department is recommending the award to DC Group in the amount of $77,703.52. If you have any questions, please contact me at extension 2023. Sincerely, Patrick O'Neill Facilities Director t4G27S 7025-019) B C� 0027) DATE OF BID: APRIL 10, 2025 REQUEST FOR: UPS PREVENTATIVE MAINTENANCE & REPAIRS DEPARTMENT: FACILITIES BID NO: B2500058 PRESENT DATE: APRIL 14, 2025 APPROVAL DATE: APRIL 28, 2025 VENDOR DC Group, Inc. 1977 West River Road Minneapolis, MN 55411 Hypertec USA, Inc. 1753 E. Broadway Road, Suite 101-514 Tempe, AZ 85282 WELD COUNTY PURCHASING 1301 N. 17th Avenue, Greeley, CO 80631 reverettaweld.gov ccieisertaweld.gov ttavloraweld.dov Phone: (970) 400-4222, 4223 or 4454 SUBSEQUENT PREVENTATIVE BATTERY CAPACITOR & FAN YEAR MAINTENANCE REPLACEMENT REPLACEMENT ESCALATION $24,374.00 $47,817.17 $5,512.35 3% Non -responsive THE FACILITIES DEPARTMENT IS REVIEWING THE BIDS. 2025-0991 4/14 8ei00Z1 Hello