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HomeMy WebLinkAbout20252439.tiffCtnkkac\- 9 Q1 August 18, 2025 FACILITIES DEPARTMENT PHONE: (970) 400-2023 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: Data Room HVAC Services Agreement DVL Group, Inc. has provided the 24/7 service agreement for the HVAC units located in the County's Data Centers. The response time is 2-4 hour of notification using the fees identified in the quote. Therefore, The Facilities Department is recommending approving this annual emergency response agreement with DVL Group, Inc. in the amount of $4,829.00. If you have any questions, please contact me at extension 2027. Sincerely, Patrick O'Neill Director Conte+ fl 812-1/ZS cc: onbasQ CBE) pat/ cha5cng giz�/zs 2025-2439 Beib0Z-1 SERVICE AGREEMENT BETWEEN WELD COUNTY AND DVL GROUP INC THIS AGREEMENT is made and entered into this 71141 day of 1uciuS , 2025, by and between the Board of Weld County Commissioners, on behalf o Facilities, hereinafter referred to as "County," and DVL 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 Contractor's Response to County's Request for proposal. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel, and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and ends one year later. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. Form Revision 5-2025 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 $4,829.00 as set forth in the Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local 2 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) fumished 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, 3 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) 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, affiliated entities, 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." 4 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. The policy shall be endorsed to include the following additional insured language: "County, its elected officials, affiliated entities, 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." 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 on the certificate" Weld County, its elected officials, affiliated entities, employees, agents, and volunteers as Additional Insureds" for the Commercial General Liability coverage and for the Automobile Liability coverage for work that is being performed by or on behalf of 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. 5 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. 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 actu injury including death, or loss or camage to tangible or intangible property caused, of 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 7 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 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: Keaton Isaacson 8 Position: Service Sales Manager Address: 6555 S. Kenton Street, Suite 304, Centennial, CO 80111 E-mail: kisaacson@dvinet.com Phone: 303-771-5000 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 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: By: %e t2'raiu. Name: T O'Hare Title: Director of Safety & Risk Management WELD COUNTY: ATTEST: W.drAvy Weld C unty lerk to the Board BY: Deputy Clerk to the Board U I rry L. Buck, Chair Date of Signature: August 25, 2025 BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO 11 AUG 2 7 2025 z 243 BEYOND THE PRODUCT Cliai GOD :HH[. C±F ale MEI GIS Ili Olt an MEI 411111111S INDCDt Philadelphia I Albuquerque I Denver I Harrisburg I Salt Lake City SERVICE & MAINTENANCE CONTRACT RENEWAL This agreement between DVL Group INC., and the customer, agrees to furnish services in accordance with the "General Terms and Conditions" and attached "Schedules". This AGREEMENT shall become valid only upon acceptance by the CUSTOMER. AGREEMENT DATED: 9/1/2025 - 8/31/2026 SITE ADDRESS: ATTENTION: DVL QUOTE #: Weld County 1950 O Street Greely, CO 80111 Curtis Naibauer cnaibauer@weldgov.com KMI08152025-1 �. EQUIPMENT TO BE SERVICED & SERVICE COVERAGE PROVIDED: • See attached equipment summary. This AGREEMENT PRICE is $4,829.00 /annual (applicable state & local taxes are not included). Customer signature of this agreement authorizes DVL GROUP, INC to invoice for services mentioned herein and to utilize the provided purchase order number. If a purchase order number is not used, then the customer authorizes and guarantees DVL GROUP, INC the payment of such invoices by authority of the signature below. Quotation is valid 90 days from date of submission. Emergency HVAC 7x24x365: 1-866-DVL-HVAC UVL GROUP, INC will invoice in the following manner: Bill ng Frequency: Annual x Semi -Annual Quarterly Please indicate desired invoicing plan. If no option is selected, agreemeit will be invoiced annually. Payment terms: Net 30 days. Contact: AR Department. (505) 305-5850 email: AR@dvinet.com Credit card Payments are limited to $10,000. B. TERM OF AGREEMENT: Commencement date of this Agreement shall occur upon receipt of Customer acceptance of Agreement, along with payment and shall run for one year. Multi year service agreements are offered, and would he based on the above annual pricing, times the number of years selected, up three (3) years. Customer must provide a multi -year purchase order for the number of years selected. The contract is killed annually. Voluntary Termination: Either party to this Agreement may terminate the Agreement effective 30 days after serving written notice to termination upon the other party, provided that all billings have been paid to date. Any refunds or credits will be issued on a Pro -Rated basis. DVL Signature Quoted By "Title Date Xesatarr AL Joa acoova Keaton M. Isaacson Service Sales Manager kisaacsonr dv Inct.com (720) 692-6067 8/15/2025 Customer Signature Purchase Order # Date of Acceptance # Years for Contract DVL Group, Inc. 16555 South Kenton Street, Suite 304, Centennial, CO 80111 1303.771.5000 I DVLnet.com 1100% Employee Owned GENERAL TERMS & CONDITIONS 1 PURCHASE ORDER REQUIREMENTS: A purchase order is to be issued c/o DVL Group, INC for the term of the agreement. • If parts and materials are not included in this agreement, additional funds should be included in the purchase order to cover the cost for any parts and materials used during the term of the agreement. 2. TERMS OF ACCEPTANCE: Prior to DVL Group's acceptance of any new service agreement (or contracts with a lapse in coverage more than 90 days) , we reserve the right to perform an initial inspection of the equipment, with the provision to bill "time and material", to resolve any deficiencies in order to bring the units up to an acceptable level of operation (as recommended by Vertiv, leading MFG of data center thermal solutions, including Liebert.). 3. COVERAGE DISCLOSURE: The proposed maintenance inspection services shall be provided on a regularly scheduled basis and shall be performed during normal working hours. Normal working hours are defined as between 8:00 AM. and 5:00 PM, Monday through Friday. DVL Group on -site service response time is 2 - 4 hours once initial service call is placed; with a 20 -minute call back guarantee. Exemption to the 2-4 hour on site guarantee is in cases of extreme weather conditions, road closures, federal, state, and local governments declared state of emergency and acts of God. This contract does not include labor pertaining to: • equipment removal, replacement, or relocation • modifications (such as but not limited to, monitoring, control upgrades, water detection, and the like) • shutting down/moth-balling equipment operation and removing refrigerant • networking units to interface with ICOM, or other non-Vertiv (including Liebert) equipment. All labor above and beyond the contract scope will be billed at labor rates indicated below, paragraph #4. 4. DISCOUNTED CONTRACT LABOR RATES (FY2025) subject to change without notice): The following rates shall apply to all labor that is not covered under this agreement with the exception of ENGINEERED PRODUCTS - DSE, ICOM-S, XD, DP & CHILLER (noted below) Engineered Products • Regular time: Mon. - Fri., 8:00 AM - 5:00 PM • Premium time -1: Weekdays after 5:00 PM & Saturdays • Premium time -2: Sunday • Premium time -3: Holiday • All Travel time billed (portal to portal) Travel time portal to portal determined by RT from dispatch office $171.00/hr $257.00/hr $342.00/hr $428.00/hr $171.00/hr ✓ Non -contract services: Truck charge per tech/per job $100.00 ✓ Per Diem travel charges, per tech, as required $500.00 $180.00/hr $271.00/hr $360.00/hr $450.00/hr $180.00/hr 5 EQUIPMENT, MATERIALS & WARRANTIES: • See attached equipment summary & Scope of Coverage. 6. FREIGHT CHARGES: All freight costs incurred by DVL Group, INC will be billed to the customer. This includes shipment of warranty and non -warranty parts, overnight and drop -ship. 7 ELECTRONIC (PDF) AND/ORWRITTEN REPORTS: Provided to the customer representative following each regular inspection or emergency call. Electronic PDF documents will be emailed to contract customer contact on file. Service & Maintenance Contract Proposal - Terms & Conditions 1 This document is copyright protected © 2024 DVL GROUP INC, All rights reserved. Rev. 4/25 an GIB DVL Group, Inc. 16555 South Kenton Street, Suite 304, Centennial, CO 801111 303.771.5000 I DVLnet.com 1 100% Employee Owned 8 Maintenance inspections: All maintenance inspections will be scheduled for the term of the contract (year in advance) and will be coordinated with the site contact. All confirmations will be communicated by email and/or telephone. Missed maintenance inspections as a result of scheduling failures by DVL will be credited to the contract customer. Missed maintenance inspections due to scheduling failures by the contract customer, and after three (3) failed attempts to reschedule, the missed inspection will be forfeited, and no credits are applicable. Any repairs resulting from missed inspections will be billed. 9. SAFETY: of OSHA or any other applicable federal, state, or local government, trade association or contractual regulations or standards require a "safety person" to be on -site during maintenance service, Customer will be responsible to advise DVL Group, INC of, make arrangements for, and provide such a person. If DVL Group, INC prior ag-ees to provide and provides a safety person, Customer will be billed for such person's time at DVL GROUP, INC then effective labor rates. Equipment on site must be made accessible to allow for safe working conditions, in accordance with OSHA guidelines and standards. Customer is required to provide adequate access and/or safety equipment to reach equipment for service and routine maintenance. Any labor costs incurred by DVL resulting from inadequate access to equipment will be charged back to the customer, including leasing and rental charges of lifts, scaffolding equipment or cranes provided by DVL to complete services. 10. EXCLUSIONS: • Excludes partsrefrigerant piping and drain lines external from the unit. Building water supplies and/or pumps. Parts and labor billed at contract rates. • Customer supplied CW and condenser water loop system, pumps, drycooler pumps, strainers, and water treatment. • Condenser and/or evaporator coil and drycooler are not covered after MFG warranty expiration. Includes air & water cooled systems. Pads and labor billed at contract rates. • Replacement of defective or failed monitoring equipment (legacy units: AC3, AC8, RCM8); water detection cable, remote annunciators, SiteScan modules, SiteScan Software; SiteLink, 3rd party interface; Legacy control boards (Level 0, 1, 3, 10, AM & AG). • Disposal fee for non -useable, reclaimed (high acid) refrigerant, if applicable. Refer to Scope of Coverage for current fee schedule. • Internal Paradenser component and piping due to system failures and leaks; water cooled condensers. Parts and labor billed at contract rates. • Electrical work external to the equipment or maintenance of accessories, attachments, equipment, features, or other devices not described in the Maintenance Plan, including Fire suppression systems, network panels, electrical wiring, panels, and breakers. • Repair of damage resulting from accident, transportation, neglect, misuse, fire, smoke, dirt, improper equipment environment, or causes other than ordinary use. • Service which is impractical for Vertiv to render because of alterations to the equipment by mechanical or electrical means or other equipment or devices. • Service which is precluded by applicable federal, state, or local government, trade association or contractual standards or regulations. • Operation (as distinguished from maintenance) of the equipment by DVL Group, INC. • Cost of leasing or renting temporary cooling units, provided by DVL GROUP, INC. Delivery, setup, and removal subject to labor charges. • Charges associated with usage of refrigerant and reclaiming unit for purposes of reclaiming refrigerant from A/C circuits. Service & Maintenance Contract Proposal - Terms & Conditions 2 This dccument is copyright protected © 2024 DVL GROUP INC, All rights reserved. Rev. 4/25 4111, DVL Group, Inc. 16555 South Kenton Street, Suite 304, Centennial, CO 80111 4,303,771.5000 I DVLnet.com 1100% Employee Owned • Costs incurred above and beyond the normal requirements to complete services covered in the contract scope and maintenance plan, such as, hotel charges, mileage and travel expenses incurred in excess of 100 -mile radius from DVL office (Centennial CO) and the contract location due to weather related conditions beyond control. • Any current or future tax, duty, tariff or government charge (or increase in same) affecting Seller's costs of services or delivery or shipment of Goods, Parts, and/or Software, in which case such charges and costs shall be for Buyer's account and shall be added to the price or billed to Buyer separately, at Seller's election. If maintenance hereunder is discontinued for any period, or if persons or entities other than DVL GROUP, INC perform maintenance on, or repair the equipment, and as a result further repair or maintenance by DVL GROUP, INC is required to restore the equipment to acceptable operating condition, such repair or maintenance shall be subject to an additional charge by DVL GROUP, INC to Customer at DVL GROUP, INC applicable and effective non -contract time and material rates. If equipment other than that maintained by DVL GROUP, INC is connected to or otherwise functionally related to the equipment, and such connection or relation causes damage to or increase in the service time of equipment maintained hereunder, there shall be an additional charge for any such repair or maintenance by DVL GROUP. INC of the equipment at DVL GROUP, INC then effective time and material rates. 11. REFRIGERANT RECLAIM POLICY It is DVL GROUP, INC policy to recover refrigerant and test the air conditioning system for contamination. If not contaminated, the refrigerant is reused without processing, keeping the refrigerant at that jobsite. Should the refrigerant be contaminated, it is sent to National Refrigeration Products through United Refrigeration, keeping accurate records of the transactions. We would then in turn use newly purchased refrigerant. At no time is refrigerant intentionally vented into the atmosphere. DVL GROUP, INC services equipment using R22 (which is a HCFC [Hydrochlorofluorocarbon] product) along with R407C & R134A refrigerants. DVL GROUP, INC service staff belongs to the Refrigeration Service Engineers Society. This enables DVL GROUP, INC to be kept up-to-date on all current and proposed environmental laws handling refrigerants. Also, the service staff has taken the certification course for refrigerant reclaiming. In addition, DVL GROUP, INC saves the oil products used in our daily work. We also recover the refrigerant left in our "empty/disposable" containers. All recovered refrigerant is returned to National Refrigeration Products to be reclaimed under ARI 700-88 standards. 11(a) EPA HCFC (R22) Phase -out & Limited Availability (Jan 1, 2020) R-22 has been the refrigerant of choice used by most cooling system manufacturers for decades. Because it is mildly toxic to the atmosphere, it was included in the provisions of the Clean Air Act Amendments of 1990. This Act stipulated phase -out dates for various refrigerants, including HCFC- 22 (a Class II substance). Essentially it says that no new products will be built containing R-22 after January 1, 2010, and no R-22 will be produced after January 1, 2020. Systems operating with R-22 will be able to continue using that refrigerant after the 2020 date. Equipment However, with the cessation of R-22 production replacement refrigerant will become more difficult and costly to obtain manufacturers will undoubtedly develop products using new, acceptable refrigerants prior to the cutoff date in 2010. In fact, Vertiv (including Liebert) is beginning to sell products using R -407C refrigerant (although those same products can be ordered with R-22 until the phase -out date). R -407C was designed to have operating characteristics similar to R-22. DVL GROUP INC will have the availability of R22 for the duration of the phase -out but quantities may be limited and pricing will be subject to market conditions. The current R22 pricing quoted on our contract proposals is subject to change and cannot be guaranteed for the duration of the contract. Service & Maintenance Contract Proposal - Terms & Conditions 3 This document is copyright protected © 2024 DVL GROUP INC. All rights reserved. Rev. 4/25 DVL Group, Inc. 16555 South Kenton Street, Suite 304, Centennial, CO 80111 1303.771.5000 I DVLnet.com I 100% Employee Owned 12. DISCLAIMER AND LIMITATION OF LIABILITY: DVL GROUP, INC OBLIGATIONS EXPRESSED IN THIS AGREEMENT ARE IN LIEU OF AND EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. IN NO EVENT SHALL DVL GROUP, INC BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND, DIRECT OR INDIRECT, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, REVENUE OR PROFIT, BUSINESS INTERRUPTION OR LOSS OF DATA, IN CONNECTION WITH THIS AGREEMENT OR THE MAINTENANCE SERVICES PERFORMED HEREUNDER, WHETHER ANY CLAIM THEREFORE IS BASED UPON THEORIES OF CONTRACT, NEGLIGENCE OR TORT (INCLUDING STRICT LIABILITY). Warranties, if any, arising out of or with respect to the sale of the equipment are contained in other agreements and are neither part of nor made, altered, or affected by this Agreement. Parts furnished hereunder, if not covered by other such agreements, are furnished AS IS -WHERE IS, with NO WARRANTY WHATSOEVER, except to the extent, if any, that repair Or replacement obligations of DVL GROUP, INC under the Maintenance Plan may be deemed to be warranties. As a material and separate basis of the bargain under which DVL GROUP, INC is agreeing to perform hereunder, it is further agreed that DVL GROUP, INC LIABILITY FOR ANY CLAIM FOR FAILURE OF PERFORMANCE HEREUNDER SHALL BE LIMITED TO REPAIR OR REPLACEMENT OF DEFECTIVE GOODS AND CORRECT PERFORMANCE OF SERVICES INCORRECTLY PERFORMED AND SHALL IN NO EVENT EXCEED THE TOTAL CHARGES PAID BY CUSTOMER FOR MAINTENANCE SERVICE UNDER THIS AGREEMENT FOR THE YEAR IN WHICH SUCH CLAIM AROSE. 13. CONFIDENTIAL INFORMATION a. Standard of Protection. DVL GROUP, INC understands and agrees that in the performance of this Agreement, DVL GROUP INC and its employees may have access to private or confidential information of Customer, including but not limited to trade secrets, marketing and business plans, customer lists, financial information, personnel information, technical information, designs, processes, formulas, and procedures (collectively, "Confidential Information"). DVL GROUP, INC agrees that: (i) all Confidential Information shall remain the exclusive property of Customer; (ii) it shall maintain, and shall use prudent methods to cause its employees and agents to maintain the confidentiality and secrecy of the Confidential Information, and shall use the Confidential Information solely in connection with its duties and obligations under this Agreement; (iii) it shall limit disclosure and copies of the Confidential Information to its employees and representatives who must have access thereto in order to perform under the Agreement; (iv) it shall not, and shall use prudent methods to ensure that its employees and agents do not, copy, publish, disclose to others, use (other than pursuant to the terms hereof) or create any derivative works based upon the Confidential Information; and (v) it shall return or destroy all copies of Confidential Information upon request of Customer. DVL GROUP, INC will immediately notify Customer of any unauthorized disclosure or use of Confidential Information that becomes known to DVL GROUP, INC and will cooperate with Customer in an effort to terminate and remedy such unauthorized acts. Notwithstanding the foregoing, Confidential Information shall not include any information to the extent it (i) is or becomes a part of the public domain through no act or omission on the part of DVL GROUP, INC; (ii) is disclosed to third parties by Customer without restriction on such third parties; (iii) is in DVL GROUP, INC possession, without actual or constructive knowledge of an obligation of confidentiality with respect thereto, at or prior to the time of disclosure under this Agreement, as evidenced by written records; (iv) is disclosed to DVL GROUP, INC by a third party having no obligation of confidentiality with respect thereto; or (v) is independently developed by DVL GROUP, INC without reference to Customer's Confidential Information or other proprietary information of Customer, as evidenced by written records. Nothing herein shall prevent DVL GROUP, INC from complying with a legal obligation to disclose Confidential Information so long as DVL GROUP, INC (i) provides Customer with prompt notice of its intent to disclose (or to resist disclosure), (ii) takes reasonable steps to require the recipient to preserve the confidential nature of the information once disclosed, and (iii) affords Customer the opportunity to attempt to prevent the disclosure (whether or not DVL GROUP, INC has sought to resist disclosure) or obtain protection for the information disclosed. Upon the expiration or termination of this Agreement for any reason, DVL GROUP, INC at its expense, shall promptly return to Customer all copies of the Confidential Information. Service & Maintenance Contract Proposal - Terms & Conditions 4 This document is copyright protected © 2024 DVL GROUP INC. All rights reserved. Rev. 4/25 Arr DVL Group, Inc. 16555 South Kenton Street, Suite 304, Centennial, CO 80111 1303.771.5000 1 DVLnet.com 1100% Employee Owned ATTACHMENT "A" VIBEYOND THE PRODUCT Om' DVL SCOPE OF COVERAGE MAINTENANCE & SERVICES INCLUDED SERVICE PROGRAMS: C Limited Service & Maintenance Program only 1. Scheduled preventive maintenance inspections: M - F 8:00 am - 5:00 pm 1 PARTS: Replacement OEM parts (non -warranty) Billed FY22: Refrigerant pricing is subject to availability & market Please contact DVL Services for current price at time of pricing & availability. the purchase for the repair. Refrigerant Refrigerant Refrigerant Refrigerant Refrigerant Zoom -Lock tool in lieu of torch applicable or required under Refrigerant recovery equip, incl. nitrogen R22 407C 410A R134A R404A Glycol work, if code <50# market pricing market pricing market pricing market pricing market pricing $40.00/gal $125.00/usage $280.00/usage Refrigerant recovery equip. incl. nitrogen >50# $400.00/usage Disposal fee for non -useable, reclaimed (burned) refrigerant, if applicable r $6.00/lb Truck charge: per tech, per project 100 Maintenance items; belts, filters, cleaners. Included LABOR: 24x7x365, 2 - 4 hr. on site response time. Included Emerg Svc / Repairs: M - F,8-5 Emerg Svc / OT labor Included Billed SCOPE SUMMARY 2. Check and/or seasonal) & change air filters (as required X 3. Check required) & adjust fan belt tension (as X 4. Lubricate blower motor (as required) & blower assembly X 5. Check humidity calibration controllers. of temperature & X 6. Check input & output voltages at main disconnect switch. X 7. Check voltages at all sub -fusing panels. X 8. Check system for non-condensables. X 9. Check Schrader fittings at fan speed control. X 10. Check pressure settings at all pressure switches. X 11. Check & clean (as required) humidifier assembly. X 12. Check & clean evaporator coils. X 13. electrical Inspect & tighten connections. (as required) all X 14. Check refrigerant levels & pressures. X DVL Group Inc - SOW This document is copyright protected, 2020, 21, 22. All rights reserved 2022 -rev? Page #1 ATTACHMENT "A" got•gez • BEYOND THE PRODUCT DVL SCOPE OF COVERAGE MAINTENANCE & SERVICES INCLUDED SERVICE PROGRAMS: C Limited Service & Maintenance Program only 15. Inspect operation of VERTIV heat rejection equipment. X 16. Clean heat rejection equipment (as required or seasonal - 2x annual). X 17. Inspect operation of water detection system (as required) Removal for cleaning billed at contract rates.'aIl parts incl does not provide 100% replacement cf water detection system. X 18. Inspect & test operation of VERTIV (Liebert) monitoring systems (as required) X 19. Inspect & test operation of VERTIV I- COM controllers; install software upgrades per factory release, as required. X 20. Annual ICOM Optimization services. Verify operation established site protocols. diagnotisc X according to Total Annual (applicable taxes are not state & local included) S 4,829.00 Please select coverage option by initialing in space provided: EQUIPMENT & LOCATION CUSTOMER & EQUIP LOCATION: Weld County 1950 O Street Greely. CO 80111 This avreement applies only to the equipment listed below: Equipment Model # & Type Serial # Location Quantity See Attached DVL Group Inc - SOW This document is copyright protected, 2020, 21, 22. Al! rights reserved 2022 -rev? Page #2 Equipment Type Model # & Serial # Location Quantity VS035ADAOEI020C C13K8E0041 Indoor 1 MCM080E8ADA808 C13KAY0004 Outdoor 1 VS035ADAOEI020C C13K8E0042 Indoor 1 MCM080E8ADA808 C13KAY0005 Outdoor 1 DS035ADA101994B N19J8E0097 Indoor/North Jail 1 MCM080E8ADL896 Y19JAY0061 Outdoor/North Jail 1 PX023UA1 A8S361 Y20D6S0034 Indoor/North Jail 1 MCM040E 1 ADQ219 Y20DAY0020 Outdoor/North Jail 1 ACO RO® CERTIFICATE OF LIABILITY INSURANCE DATE(MM,DD05/07/,YYY) 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 poiicy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). R PRODUCEAME Aon Risk Services Central, Inc. Chi Cago IL Offi Ce 200 East Randolph Chicago IL 60601 USA GT N PH NE IacQ. xo. E=t): (866) 283-7122 I r�, Na): (800) 363-0105 EMaL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIL a INSURED DVL Grop, Inc. 115 Sinclair Road Bristol PA 19007-1522 USA INSURER A: Zurich American Ins Co 16535 INSURERS: National union Fire Ins Co of Pittsburgh 19445 MSURERC: Travelers Property cas co of America P Y 25674 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570112436650 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 ANV CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BV THE POLICIES DESCRIBED HEREIN IS SUBJECT 70 ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown areas requested R IL7R TYPE OF INSURANCE AINSD n in POLICY NUMBER �L1C (raw; ppL1Cy (MMI2H7 'YP7 LIMITS X COMMERCIAL GENERAL LIABILITY GL0348653123 04/01/2025 04/01/2026 EACH OCCURRENCE $2,000,000 CLAIMS -MADE E OCCUR ZETAGE TO RENTED ISES (Ea oxurrence) $1, 000 , 000 MED EXP (Any one person) $10,000 PERSONAL B ADV INJURY $2,000,000 GEN'L AGGREGATE LIMITAPPLIES PER GENERAL AGGREGATE $4,000,000 POLICY �PEa ❑LOC PRODUCTS-COMMOPAGG $4,000,000 OTHER Employee Benefit Lie $1, 000 , 000 AUTOMOBILE LIABILITY BAP 3486532-23 04/01/2025 04/01/2026 COMBINEDSINGLE LIMIT (Fa accitlent) $2,000,000 X ANY AUTO BODILY INJURY ( Per person) OWNED - SCHEDULED AUTOS BODILY INJURY (Per accident) _ AUTOS ONLY HIREDAl1T05 ONLY NON SWNED gUTOS ONLY PROPERTY DAMAGE (Per accident) UMBRELLA ADS OCCUR CUP2T5280482567 04/01/2025 04/01/2026 EACHOCCURRENCE $2,000,000 EXCESS LIAR CLAIMS -MADE AGGREGATE $ 2 , 000,000 DED' 'RETENTION WORKERR:71 N4"NA" EMPLOYERS LIABILITY 6C348653323 04/01/2025 04/01/2026 XI PER STATUTE I IgTH- R YIN ANY PROPRIEOR / PARTNER / E% --- OFFIGEfVMEMBER FJ(CLUOEO't N NIA E.L. EACH ACCIDENT $1,000,000 (Mandatory la NN) E.L. DISEASE EA, EMPLOYEE Si, 000, 000 oyea describe under ESCRIPTION OF OPERATIONS War E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS !LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may ids attached if mon apace Is required) RE: Site Address: weld county, 1950 o Street, Greely, Colorado 80111, DVL Quote#: RC08062024-1 Equipment Model and Type: vsO35ADAOE1O2Oc, Serial: C13KSE0041, Equipment Model and Type: MCM080E8ADA808, serial: C13KAvOb04, Equipment Model and Type: v5035ADA0E1020C, Serial: C13K8E0042, Equipment Model and Type: MCM080E8ADA808, Serial: C13KAv0005, Equipment Model and Type: D5035ADA101994B, Serial: N1978E0097, Equipment Model and Type: MCM080E8ADL896, serial: Y19JAY0061, Equipment Model and Type: PX023uA1A8S361, Serial: Y20D650034, Equipment Model and Type: MCM040E1ADQ219, serial: v20DAv0020. Certificate Holder is included as Additional Insured in accordance with the policy provisions of the General Liability policy. A waiver of subrogation is granted in favor of Certificate Holder in accordance with the policy provisions of the General Liability policy. CERTIFICATE HOLDER CANCELLATION weld County Facilities Department 1105 H Street PO BOX 758 Greeley CO 80632 usA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEUVEREO IN ACCORDANCE WITH THE POLICY PROVISIONS. O 2 AUTHORIZED REPRESENTATIVE ts4on c%ZLfc c/satttt1e10 C�n�tab eJsaet ACORD 25 (2116/03) ©1988-2015 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD • 4WRL CERTIFICATE OF LIABILITY INSURANCE I DATO(3/2920 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk Services Central, Inc. Chicago IL Office 200 East Randolph Chicago IL 60601 USA CONTACT NAME: PHONE (866) 283-7122 I FAX (800) 363-0105 (A�c- NaY (ac. No.): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIL # INSURED DVL Group, Inc- 115 Sinclair Road Brl StOl PA 19007-1522 USA INSURER A: Zurich American Ins Co 16535 INSURERS: National Union Fire Ins Co of Pittsburgh 19445 INSURER C: Travelers Property Cas Co of America 25674 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570111791437 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. Limits shown are as requested 'IN LTR TYPE OF INSURANCE fa INSD WVD NE POLY NUMBER POLICY E11 (MM/DD/YYYY� POLICY EXP ((MMIDDD/1VvYYYYYY�� LIMBS A X COMMERCIAL GENERALLIABILRY GL0348633123 04/01/2025 04/01/2026 EACH OCCURRENCE $2,000,000 CLAIMS -MADE X OCCUR DAMAGETO REN I,D PREMISES (Ea occurrence) $1,000,000 MED EXP (Any one person) $10, 000 PERSONAL 8, ADV INJURY $2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY ❑X 'Jr.-, O LOC PRODUCTS - COMP/OP AGG $4,000,000 OTHER: Employee Benefit Lia $1,000, 000 A AUTOMOBILE LIABILRY BAP 3486532-23 04/01/2025 04/01/2026 COMBINED SINGLE LIMIT (Ea accident) $2,000,000 X ANY AUTO BODILY INJURY ( Per person) OWNED - SCHEDULED AUTOS BODILY INJURY (Per accident) AUTOS ONLY HIRED AUTOS ONLY _ NON -OWNED AUTOS ONLY PROPERTY DAMAGE (Per accident) - _ C X UMBRELLA LIAB X 06621 CUP2T52804825NF 04/01/2025 04/01/2026 EACH OCCURRENCE $2,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $2 , 000,000 DEDI 'RETENTION A WORKERS CONDENSATION AND EMPLOYERS' LIABILRY w6348653323 04/01/2025 04/01/2026 ,"717474=76 �OTH- ER ANY PROPRIETOR; PARTNER! EXECUTIVE Y� N N i A E.L. EACH ACCIDENT $1, 000, 000 OFFICERlMEMBER EXCLUDED? (Mandatory In NH, E.L. DISEASE -EA EMPLOYEE $1, 000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached If more space Is required) The Certificate Holder is included as Additional insured in accordance with the policy provisions of the General Liability and Business Automobile Liability policies. CERTIFICATE HOLDER CANCELLATION weld County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE sig., P e,9' r p jf/j 1950 0 Street Greely CO 80111 USA ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Holder Identifier : Contract Form Entity Information Entity Name* DVL GROUP INC Contract Name* HVAC EMERGENCY SERVICES Contract Status CTB REVIEW Entity ID* @00039909 ❑ New Entity? Contract ID 9861 Contract Lead * CNAIBAUER Contract Lead Email cnaibauer@weld.gov Contract Description* PROVIDE EMERGENCY SERVICES FOR ALL DATA CENTER COOLING EQUIPMENT Contract Description 2 Contract Type* CONTRACT Amount* $4,829.00 Renewable* NO Automatic Renewal Grant IGA Parent Contract ID Requires Board Approval YES Department Project # Department Requested BOCC Agenda Due Date BUILDINGS AND Date* 08/30/2025 GROUNDS 09/03/2025 Department Email CM- BuildingGrounds@weld.go Department Head Email CM-BuildingGrounds- DeptHead@weld.gov County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date" 07/01/2026 Committed Delivery Date Renewal Date Expiration Date* 07/31/2026 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel PATRICK O'NEILL CHERYL PATTELLI BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 08/25/2025 08/25/2025 08/25/2025 Final Approval BOCC Approved Tyler Ref # AG 082725 BOCC Signed Date Originator CNAIBAUER BOCC Agenda Date 08/27/2025 Hello