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Home My WebLink About20231206.tiffRESOLUTION RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES FOR NORTH JAIL 1 -WEST LIGHTING CONTROL SYSTEM UPGRADE AND AUTHORIZE CHAIR TO SIGN - CML SECURITY, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement for Professional Services for a North Jail 1 -West Lighting Control System Upgrade between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Facilities Department, and CML Security, LLC, commencing upon full execution of signatures, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for Professional Services for a North Jail 1 -West Lighting Control System Upgrade between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Facilities Department, and CML Security, LLC, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of May, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ddtof.,OjC11.o;,1 Weld County Clerk to the Board B AP_ County A orney Date of signature: oS/OS" 4reM' eman, Chair rw L. Bu Pro-Tem Scott K. James evin D. Ross Lori Saine cc ..B,6 (i r/sG) °SffS6/g3 2023-1206 BG0025 Con+va 1`)u831 BOARD OF COUNTY COMMISSIONERS PASS AROUND REVIEW PASS -AROUND TITLE: Jail 1 -West Lighting — Single Source DEPARTMENT: Facilities PERSON REQUESTING: Toby Taylor DATE: 4/10/2023 Brief description of the problem/issue: The lighting controls for the Jail 1 West wing have failed and the components are no longer made. This correction is part of the 2023 Special Projects. Facilities has explored options for competitively bidding this project. However, due to how the lighting system needs to tie into the Security Electronic Controls functionality, the project is better suited for using the single source that is permitted through County Code. What options exist for the Board? (include consequences, impacts, costs, etc. of options): CML Security was awarded the bid (B1700060) for constructing and maintaining the Jail Security Electronics Controls system. With this award, CML Security became the single source vendor to provide maintenance, support, and updates for Jail Security Electronic Controls in accordance with Weld County Code Section 5-4- 160. - Product standardization. Jail 1 West detention area is in need of replacing its existing Lighting Controls System. The desire is that Jail 1 West Lighting Control operate and can be controlled by master control like all other detention areas in the North Jail to provide standardization within the Security Electronics Control. CML Security has identified the design -build scope of work and provided the associated cost of $63,000.00 through the single -source acquisition. Recommendation: Proceed with the improvement by using the single source and retain standardization. The contract for the service will be placed onto an upcoming agenda. Perry L. Buck, Pro-Tem Mike Freeman, Chair Scott K. James Kevin D. Ross Lori Seine Approve chedule Recommendation Work Session Other/Comments: Vip inlaid, 2023-1206 SC -1o025 Karla Ford From: Sent: To: Subject: I approve Kevin Ross Kevin Ross Monday, April '10, 2023 11:38 AM Karla Ford Re: Please Reply - Pass Around - Jail 1 -West Lighting From: Karla Ford <kfo rd @we id .gov> Sent: Monday, April 10, 2O23 11:36:25 AM To: Kevin Ross <kross@weld.gov> Subject: Please Reply - Pass Around - Jail 1 -West Lighting Please advise if you approve recommendation. Thank you! Karla Ford X Office Manager, Board of Weld County Commissioners 1150 O Street, P.Q. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kfordweldgov.com :: www.weldgov,com *Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m. ** Confidentiality Notice; This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Toby Taylor <ttaylor@weld.gov> Sent: Monday, April 10, 2O23 11:35 AM To: Karla Ford <kford@weld.gov> Subject: Pass Around - Jail 1 -West Lighting Can you add this to the packet. Toby Taylor Director Weld County Facilities Department Weld County Veterans Services 11O5 H Street P.O. Box 758 Greeley, CO 8O632 P: 97O.4OO.2O23 F: 970.304.6532 ttavlor@a@weldcov.com 1 April 6, 2023 FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 To: Board of County Commissioners From: Toby Taylor Subject: North Jail 1 West — Lighting Controls Upgrade CML Security was awarded the bid (81700060) for constructing and maintaining the Jail Security Electronics Controls system. With this award, CML Security became the single source vendor to provide maintenance, support, and updates for Jail Security Electronic Controls in accordance with Weld County Code Section 5-4-160. - Product standardization. Jail 1 West detention area is in need of replacing its existing Lighting Controls System. The desire is that Jail 1 West Lighting Control operate and can be controlled by master control like all other detention areas in the North Jail to provide standardization within the Security Electronics Control. CML Security has identified the design -build scope of work and provided the associated cost of $63,000.00 through the single -source acquisition. Therefore, Facilities is recommending approval for this work with CML Security. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & CML SECURITY JAIL 1 -WEST LIGHTING CONTROLS SYSTE THIS AGREEMENT is made and entered into this �jdxlay of , 202,x; by and between the County of Weld, a body corporate and politic of the Stath of C orado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and CML Security, whose address is 1785 W. 160`x' Ave. Suite 700 Broomfield, CO 80023, hereinafter referred to as "Contractor". WHEREAS, County requires an independent contractor to perform the services required by County; and WHEREAS, Contractor is single source provider and willing to perform and has the specific ability to perform the required Services at or below the cost set forth in Exhibit: 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: I. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the Exhibit, which forms an integral part of this Agreement. The Exhibit is specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically the Exhibit, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. The Exhibit consists of Contractor's Response to County's Request for services. The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in the Exhibit which is attached hereto and incorporated herein by reference. Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of the Exhibit within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County and shall continue through and until Contractor's completion of the responsibilities described in the Exhibit. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreanent, County shall notify Contractor if it wishes to renew this Contract. 4. Termiaadon. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. Upor termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Upor 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 praperly delivered. 5. Extenders or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis fir additional compensation unless and until Contractor has obtained written authorization; and acknowledgement by County for suds additional services. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the Project, and :ounty's acceptance of the same, County agrees to pay an amount no greater than $63,000.00, .which is the bid set forth in Exhibit. Contractor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment bar been specifically approved by Weld County, or by formal resolution of the Weld County Boatel of County Commissioners, as required pursuant to the Weld County Code. Courty will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any pericrl after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 7. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts aid those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensatias benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. 10. Confidentiality. Confidential financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 11. Warranty_ Contractor warrants that the services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent wills industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct any failures or deficiencies. This warranty shall commence on the date of County's final inspection and acceptance of the Project. 12. Acceptance of Services Not a Waiver. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor. Acceptance by the County of, or payment for, the services completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance and Indemnification. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The The Contractor stipulates that it has net the insurance requirements identified herein. The Contracbr shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contractor shall defend, indemnify and hold harmless County, its officers,agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The Contractor shall be fully responsble and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement. This paragraph shall survive expiration or termination hereof. Types of Insurance: The Contractor/Contract Professional shall obtain, and maintain at all tines during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance with the minimum limits as follows: $1,000,010 each occurrence; $2,000,000 general aggregate; $1,000,000 Personal Advertising Misty $2,000,000 products & completed operations aggregate; Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,0010,000 forproperty damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Pollution Liability: Contractor/Contract Professional shall provide Pollution Liability Insurance if/when it is found that soil has been contaminated. Contractors/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder. Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent Contractors, sub - vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent Contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contractors, sub -vendors suppliers or other entities upon request by the County. 14. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent maybe granted or denied at the sole and absolute discretion of County. 15. Examination of Records. To the extent required by law, the Contractor agrees that an duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 16. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failures due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, stikes, war, flood, earthquakes or Governmental actions. 17. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and 3ther clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Toby Taylor. All notices or otter communications (including annual maintenance made by one party to the other concerning tie terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or (d) t-ansmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party nay change its notice address(es) by written notice to the other. Notification Information: Contractor: CML Security Attn. Cory Solberg -Division Manager Address: 1785 W. 160`" Ave. Suite 700 Address: Broomfield, CO 80023 E-mail: csolberg@cmisecurity.us Tele thone: (720) 466-3650 County: Name: Toby Taylor Posit -on: Director of Facilities Addrmss: 1105 H Street Address: Greeley, CO 80632 E-mail: ttaylor@co.weld.co.us Facsimile: 970-304-6532 18. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable todiscrimination and unfair employment practices. 19. Non -Elusive Agreement. This Agreement is nonexclusive and County may engage or use other Contra.tors or persons to perform services of the same or similar nature. 20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 21. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon fluids 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 fitnds not otherwise appropriated in each succeeding year. 22. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 24. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 25. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 26. Board of County Commissioners of Weld County Approval This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In die event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perfonn work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(e). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate thenontract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state finds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided undbr the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms uncle' penalty of petjuiy that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its lemma. Both parties further agree that this Agreement, with the attached Exhibit, 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: CML Securi By: Name: Title: WELD CO Y: GG11 ATTEST: _.„ti Weld ty Clerk tote : oard �p dip/Aloft BY: Deputy Clerk t./he I .ar.� i►, Date q ) j -]l ,?0a 3 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 'ke Freeman, Chair MAY 0 12023 (5;curity mL Weld County Lighting Control Upgrades 2110 O Street, Greeley, CO 80631 3/31/2023 Rev 0 Exhibit A Proposal 1.0 INTRODUCTION & CLARIFICATIONS CML Security LAC is pleased to present this Quotation for your system needs on the above referenced project. This proposal and/or any subsequent revisions shall become part of any subcontract. CML Security reserves the right to retract this hid in the event of no mutually agreeable subcontract. 2.0 GENERAL INCLUSIONS 1. All materials, engineering, coordination, installation, and project management required to complete our scope of work as listed herein. 2. On -Site supervision and coordination as required and deemed necessary by CML. 3. All oou-dination drawings, shop drawings, engineering drawings, submittal drawings and other supplemental CAD drawings required to complete our scope of work as listed herein and coordinate with other trades. 4. Requited warranties on all workmanship as dictated by the specifications. 5. Standard shipping and freight cost for materials/equipment have been included. Costs to expedite items have rat been included. 6. Vehicle parking is available at no cost to CML Personnel and its subcontractors. 7. Applicable sales or use tax at 0.0%. 8. This pice does not include a bond premium, if required please add 1.5% to the base price. 3.0 SCOPE OF WORK CML Security will provide the system(s) as per the scope of work contained within. We have reviewed the plans, specifications and all addendums for this project and noted any clarifications or exceptions below. Plan Drawings: N/A Attachment: N/A CORPORATE HEAOQUARTE6 11785 WEST 160. AVE., SUITE 700 I BROOMFIELD, CO 80023 I P. 720 466 3650 1 F. 720 438 7573 I www.cmisecurity.us Wee ANTONIO REGIONAL OFFICE 110521 GULFDALE ST I SAN ANTONIO, TX 78216 I P. 210 467 9255 TENNESSEE REGIONAL OFFICE 12323 CAMPBELL PARK DR. , SUITE 5 I COLUMBIA, TN 38401 6;courit,y mL 4.0 INCLUSIONS CML Security includes the following for our Scope of Work: 1. Upgrade the HMI touchscreen controls at 1 East and 1 West as follows: a. Add common dayroom lighting HMI controls to Dayroom A. i. To be updated with existing lighting controls for main and mezz cells. b. Add common dayroom lighting HMI controls to Dayroom B. i. To be updated with existing lighting controls for main and mezz cells. c. Add common dayroom lighting HMI controls to Dayroom C. i. To be updated with existing lighting controls for main and mezz cells. d. Add common dayroom lighting HMI controls to Gym/Recreation Space. e. Separating existing configurations to individual controls in lieu of combined controls for TM space. f. Separating existing configurations to individual controls in lieu of combined controls for TF space. g. Separating existing configurations to individual controls in lieu of combined controls for MN space. 2. Includes updating all affected HMI touchscreen maps. 3. Furnish and install SEC equipment per scope of work above. a. Includes forty-six new relays. i. Five relays to be provided as spares. b. Includes two new power supplies. c. Includes clean-up and reconfiguration of existing enclosures. 4. Engineering/Drafting/Coordination. 5. Programming software development fora fully functional, and expanded PLC based system. 6. Testing/Final Inspection/Certification. 7. Operation/Maintenance Manuals and As -Built Drawings. 5.0 EXCLUSIONS CML Security Excludes the following: 1. Permits, Performance Bond, Taxes unless specifically included. 2. Conduit/raceway system, including junction boxes, pull boxes, ladder tray, wire ways, etc. 3. Saw -cutting or core drilling of any kind. 4. Cash allowances or owner contingencies of any kind are not included in this proposal. 5. Power circuits to UPS, power circuits out of UPS to distribution panel, distribution panel, or circuits from distribution panel to racks or enclosures (we do not carry any line voltage circuits). 6. Sealants, caulking, security caulking, Invis-A-Joint, glazing cap bead, fire wall penetration patching, fire- proofing or fire -stopping. 7. Repairing damage to wire or devices that is caused by others. 8. Hazardous waste removal and/or lead paint removal/abatement or any special provision costs associated in working in areas containing these materials. 9. Fire alarm, video visitation, tele data, water management systems or interface thereof. 10. Replacement of existing lighting controllers. 11. Any and all work related to any other sections not specifically listed herein. 12. 3D Modeling of equipment. 13. Unloading, storage and distribution of materials not installed by CML. CORPORATE HEADQUARTERS 11785 WEST 160. AVE., SUITE 700 I BROOMFIELD, CO 80023 I P. 720 466 3650 I F. 720 438 7573 1 www.cmisecurity.us SAN ANTONIO REGIONAL OFFICE 110521 GULFDALE ST I SAN ANTONIO, TX 78216 I P. 210 467 9255 TENNESSEE REGIONAL OFFICE 12323 CAMPBELL PARK DR. , SUITE 5 I COLUMBIA, TN 38401 2 (5;cmurity mL 6.0 QUOTANON PROPOSAL COST ANALYSIS QUOTATION PROPOSAL PRICE: $ 63,000.00 1. PRICING GUARANTEE: Because of conditions beyond our control, this budget is effective for period of (30) days fowl the date above. Terms of payment are net thirty (30) days from invoice. No cash discounts for prepayment. Any order based on this quotation shall be subject to approval and acceptance by CML Security. No MBE/WBE/SBE content has been included in this quote due to the "security and specialty" natareof our work. CLOSING We appreciate the opportunity to partner with you to provide a solution to fit your needs. If there are any questionsor concerns, please feel free to call or email any time. Sincerely, Jon Carlin Preconstructicut Manager CML Security D. 720.466.36.0 ext. 843 C. 970.775.4805 E. jcarlin@omicecurltv.us CORPORATE HEADQUARTER 11785 WEST 160T" AVE., SUITE 700 I BROOMFIELD, CO 80023 I P. 720 466 3650 1 F. 720 438 7573 1 www.cmisecurity.us SA! ANTONIO REGIONAL OFFICE 110521 GULFDALE ST I SAN ANTONIO, TX 78216 I P. 210 467 9255 TENNESSEE REGIONAL OFFICE 12323 CAMPBELL PARK DR. , SUITE 5 I COLUMBIA, TN 38401 3 mL s e c u r i t y Exhibit A Weld County Lighting Control Upgrades 2110 O Street, Greeley, CO 80631 3/31/2023 Rev 0 Proposal 1.0 INTRODUCTION & CLARIFICATIONS CML Security LLC is pleased to present this Quotation for your system needs on the above referenced project. This proposal and/or any subsequent revisions shall become part of any subcontract. CML Security reserves the right to retract this bid in the event of no mutually agreeable subcontract. 2.0 GENERAL INCLUSIONS 1. All materials, engineering, coordination, installation, and project management required to complete our scope of work as listed herein. 2. On -Site supervision and coordination as required and deemed necessary by CML. 3. All coordination drawings, shop drawings, engineering drawings, submittal drawings and other supplemental CAD drawings required to complete our scope of work as listed herein and coordinate with other trades. 4. Required warranties on all workmanship as dictated by the specifications. 5. Standard shipping and freight cost for materials/equipment have been included. Costs to expedite items have not been included. 6. Vehicle parking is available at no cost to CML Personnel and its subcontractors. 7. Applicable sales or use tax at 0.0%. 8. This price does not include a bond premium, if required please add 1.5% to the base price. 3.0 SCOPE OF WORK CML Security will provide the system(s) as per the scope of work contained within. We have reviewed the plans, specifications and all addendums for this project and noted any clarifications or exceptions below. Plan Drawings: N/A Attachment: N/A CORPORATE HEADQUARTERS 11785 WEST 160Th AVE., SUITE 700 I BROOMFIELD, CO 80023 I P. 720 466 3650 I F. 720 438 7573 I www.cmisecurity.us SAN ANTONIO REGIONAL OFFICE 110521 GULFDALE ST I SAN ANTONIO, TX 78216 I P. 210 467 9255 TENNESSEE REGIONAL OFFICE 12323 CAMPBELL PARK DR. , SUITE 5 I COLUMBIA, TN 38401 4Wau a u r i L y mL 4.0 INCLUSIONS CML Security indudes the following for our Scope of Work: 1. Upgrade the HMI touchscreen controls at 1 East and 1 West as follows: Add common dayroom lighting HMI controls to Dayroom A. i. To be updated with existing lighting controls for main and mezz cells. b. Add common dayroom lighting HMI controls to Dayroom B. i. To be updated with existing lighting controls for main and mezz cells. c. Add common dayroom lighting HMI controls to Dayroom C. i. To be updated with existing lighting controls for main and mezz cells. d. Add common dayroom lighting HMI controls to Gym/Recreation Space. e. Separating existing configurations to individual controls in lieu of combined controls for TM space. f. Separating existing configurations to individual controls in lieu of combined controls for TF space. g. Separating existing configurations to individual controls in lieu of combined controls for MN space. 2. Includes updating all affected HMI touchscreen maps. 3. Furnish and install SEC equipment per scope of work above. a. Includes forty-six new relays. i. Five relays to be provided as spares. b. Includes two new power supplies. c. Includes clean-up and reconfiguration of existing enclosures. 4. Engineering/Drafting/Coordination. 5. Programming software development for a fully functional, and expanded PLC based system. 6. TestingifinalInspection/Certification. 7. Operation/Maintenance Manuals and As -Built Drawings. 5.0 EXCLUSIONS CML Security Excludes the following: 1. Permits Performance Bond, Taxes unless specifically included. 2. Conduirf raceway system, including junction boxes, pull boxes, ladder tray, wire ways, etc. 3. Saw -cutting or core drilling of any kind. 4. Cash -allowances or owner contingencies of any kind are not included in this proposal. 5. Power circuits to UPS, power circuits out of UPS to distribution panel, distribution panel, or circuits from distribution panel to racks or enclosures (we do not carry any line voltage circuits). 6. Sealants, caulking, security caulking, Invis-A-Joint, glazing cap bead, fire wall penetration patching, fire- proofing or fire -stopping. 7. Repairing damage to wire or devices that is caused by others. 8. Hazardous waste removal and/or lead paint removal/abatement or any special provision costs associated in working in areas containing these materials. 9. Fire alarm, video visitation, tele data, water management systems or interface thereof. 10. Replacement of existing lighting controllers. 11. Any and all work related to any other sections not specifically listed herein. 12. 3D Modeling of equipment. 13. Unloading, storage and distribution of materials not installed by CML. CORPORATE HEADQUARTERS; 11785 WEST 16oT" AVE., SUITE 700 I BROOMFIELD, CO 80023 I P. 720 466 3650 I F. 720 438 7573 I www.cmisecurity.us SANYANTONIO REGIONAL OFFICE 110521 GULFDALE ST I SAN ANTONIO, TX 78216 I P. 210 467 9255 TENNESSEE REGIONAL OFFICE 12323 CAMPBELL PARK DR. , SUITE 5 I COLUMBIA, TN 38401 m� Sclu r i t y 6.0 QUOTATION PROPOSAL COST ANALYSIS QUOTATION PROPOSAL PRICE: $ 63,000.00 1. PRICING GUARANTEE: Because of conditions beyond our control, this budget is effective for period of (30) days from the date above. Terms of payment are net thirty (30) days from invoice. No cash discounts for prepayment. Any order based on this quotation shall be subject to approval and acceptance by CML Security. No MBE/WBE/SBE content has been included in this quote due to the "security and specialty" nature of our work. CLOSING We appreciate the opportunity to partner with you to provide a solution to fit your needs. If there are any questions or concerns, please feel free to call or email any time. Sincerely, Jon Carlin Preconstruction Manager CML Security D. 720.466.3650 ext. 843 C. 970.775.4805 E. icarlin@cmisecurity.us CORPORATE HEADQUARTERS 11785 WEST 160'" AVE., SUITE 700 I BROOMFIELD, CO 80023 I P. 720 466 3650 I F. 720 438 7573 I www.cmisecurity.us SAN ANTONIO REGIONAL OFFICE 110521 GULFDALE ST I SAN ANTONIO, TX 78216 I P. 210 467 9255 TENNESSEE REGIONAL OFFICE 12323 CAMPBELL PARK DR. , SUITE 5 I COLUMBIA, TN 38401 3 ACORO� CERTIFICATE OF LIABILITY INSURANCE DATE M/DD/YYYY) 2/27/2023 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 Innovise Business Consultants 9780 S Meridian Blvd Suite 400 Englewood CO 80112 CONTACT Mary Cole PHONE FAX In. ma 720-401-8022 (ac, No): 303-757-7719 ADUREss: certificate@trustinnovise.com INSURER(S) AFFORDING COVERAGE NAIL# INSURER A: Liberty Mutual Insurance Company 23043 INSURED CMLSECU01 CML Security, LLC 1785 W 160th Avenue, Suite 700 Broomfield CO 80023 INSURER B : Berkley Assurance Co. 39462 INSURER C: Hartford Fire Insurance Co. 19682 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 896967932 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. TV LTR TYPE OF INSURANCE ADDL SUER INSD WVD POLICY NUMBER POLICY EFF IMM/DD/YYYn POLICY EXP IMM/D nw,.) LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR Y Y TB2Z91470206033 3/1/2023 3/1/2024 EACH OCCURRENCE $2,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1,000,000 MED EXP (Any one person) $ 15,000 PERSONAL 8,ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY El SETTD LOC OTHER: PRODUCTS - COMP/OP AGG $4,000,000 Deductible $ 25,000 A AUTOMOBILE LIABILITY X ANY AUTO OWNED AUTOS ONLY X HIRED AUTOS ONLY SCHEDULED AUTOS X NON -OWNED AUTOS ONLY Y Y AS2Z91470206023 3/1/2023 3/1/2024 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLALIAB EXCESS LIAR X OCCUR CLAIMS -MADE Y TH7Z91470206013 0/1/2023 3/1/2024 EACH OCCURRENCE $5,000,000 AGGREGATE $ 5,000,000 $ DED I I RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBEREXCLUDED? � (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below 3 N / A WC6Z91470206043 3/1/2023 3/1/2024 X I STATUTE I I Sr,' E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 B C Professional (Claims Made)/ Pollution (Occurrence) Builder's Risk PCAB50176390323 34MSAA8533 3/1/2023 3/1/2023 3/1/2024 3/1/2024 Per Claim/Occurrence PolicyAggregate Retention $3,000,000 $3,000,000 $50,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Umbrella coverage extends over the underlying General Liability, Auto Liability and Employers Liability coverage. RE: Jail Control I.T. Storage and support Weld County; the State of Colorado; and any others as required by contract, are listed as Additional Insureds as respects General Liability, Auto Liability, and Umbrella Liability. Insurance is primary and non-contributory. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Weld County 1150 O Street Greeley CO 80631 AUTHORIZED REPRESENTATIVE I ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Contract Name* JAIL 1 -WEST LIGHTING CONTROLS SYSTEM Contract ID 6831 Parent Contract ID CML SECURITY Contract Status CTB REVIEW Contract Description* LIGHTING CONTROLS SYSTEM Contract Description 2 Contract Type. CONTRACT Amount. $63,000.00 Renewable. NO Automatic Renewal Entity ID. @05037123 Department BUILDINGS AND GROUNDS Department Email CM- BuildingGrounds@weldgov.c om Department Head Email CM-BuildingGrounds- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@ ELDG OV.COM If this is a renewal enter previous Contract ID If this is part of a NSA enter NSA Contract ID O New Entity? Contract Lead* SGEESAMAN Contract Lead Email sgeesaman@co.weld.co.us , I redfern@weldgov.com Requested ACC Agenda Date* 04/26/2023 Requires Board Approval YES Department Project* Due Date 04/22/2023 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Conk Effective Date. Review Date* 12f26/2023 Renewal Date Termination Notice Period Purchasing Approved Date Purchasing Approver 8 aplrtvtl rr cess Department Head T©BY TAYLOR DH Approved Date 04/17/2023 oval Appro it BOCC Approved BOCC Signed Date BOCC Agenda Date 05/01/2023 Originator SCEESAMAN Committed Delivery Date Finance Approver CHERYL PATTELLI Finance Approved Date 04/'18/2.023 Tyler Ref # AG 050123 Expiration Date* 12/29/2023 Legal Counsel BRUCE BARKER Legal Counsel Approved Date 04/18/2023 Hello