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HomeMy WebLinkAbout20222394.tiffRESOLUTION RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES FOR HEATING, VENTILATION, AND AIR CONDITIONING (HVAC) CONTROL PANEL REPLACEMENT FOR NORTH JAIL COMPLEX AND AUTHORIZE CHAIR TO SIGN - SETPOINT SYSTEMS CORPORATION 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 Heating, Ventilation, and Air Conditioning (HVAC) Control Panel Replacement for the North Jail Complex 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 Setpoint Systems Corporation, 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 Heating, Ventilation, and Air Conditioning (HVAC) Control Panel Replacement for the North Jail Complex 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 Setpoint Systems Corporation, 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 17th day of August, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ddriftetJ s. : tt K. James, Chair Weld County Clerk to the Board County At •rney Date of signature: 1 /29- ce . BG(rr/SG) °l/20/ 2.2 2022-2394 BG0024 CflckC+ IVOulK August 10, 2022 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: Setpoint—Jail HVAC IO Panel Replacement Setpoint Systems Corporation is the single source contractor established in accordance with County Code Sec. 5-4-95. — Single Source Purchases to provide Heating, Ventilation, and Air Conditioning (HVAC) Controls technologies for the North Jail Complex. There is a need to replace two existing HVAC control panels at the North Jail Complex. To accomplish this necessary HVAC controls replacement, Setpoint Systems provided a price quote of $26,718.00. Therefore, Facilities is recommending this contract in the amount of $26,718.00. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director 2022-2394 OB/I� 8ei bOZq c33 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & SETPOINT SYSTEMS CORPORATION NORTH JAIL COMPLEX HVAC IO REPLACEMENT PANELS THIS AGREEMENT is made and entered into this j ay of A , S , 202„ by and between the County of Weld, a body corporate and politic of the State . f Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Setpoint Systems Corporation whose address is 8167 SouthPark Circle Littleton, CO 80120, 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 wilting to perform and has the specific ability to perform the required Services at or below the cost set forth in the Exhibits: 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 teens 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 Exhibits are specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically the Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. The Exhibits 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 Exhibits 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 O2,02,2 _a394L described in the Exhibits. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the Project, and County's acceptance of the same, County agrees to pay an amount no greater than $26,718.00, which is the bid set forth in the Exhibits. Contractor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by Weld County, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. 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. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 7. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits 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 and 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' compensation 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 with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a 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 met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. 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 responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement. This paragraph shall survive expiration or termination hereof Types of Insurance: The Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the 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: $1,000,000 each occurrence; $2,000,000 general aggregate; $1,000,000 Personal Advertising injury $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 $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. 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 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. 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 other 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 other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or (d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: Setpoint Systems Corporation Attn.: Mark Hopp- Account Manager Address: 8167 SouthPark Circle Address: Littleton, CO 80120 E-mail: mhopplisetpointsystems.com Telephone: (303) 495-0480 County: Name: Toby Taylor Position: Director of Facilities Address: 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 to discrimination and unfair employment practices. 19. 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. 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 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. 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 the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. Public Contracts for Services 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 perform 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)(c). 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 the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, 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 funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by 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 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. +h IN WITNESS WHEREOF, the parties hereto have signed this Agreement this I 1 day of 1,A i'q CONTRACTOR: Setpoint Systems Corporation f By: ,,,,' Name: AMVO k Lt Title: f'J i Jtnk g'3J1/ Date WELD CO1f� Y:` , � L ATTEST: t� Weld C ty Clerk to the Band BY: Deputy CIk tot e BOARD OF COUNTY COMMISSIONERS D COUNTY, COLORADO cott K. James, Chair AUG 1 7 2022 Exhibit A SCOPE OF WORK Project Documents Our proposal is based upon the following; specifically: 1. Photos of controller and panel taken by Mark Hopp on 7/19/22 2. Setpoint Systems as built control drawings for project C3082; dated 6/6/2019 PROJECT DESCRIPTION This proposal is based on the following equipment: HVAC Equipment List: • (1) Controller Replacement DEV73200 HVAC EQUIPMENT A. CONTROLLER REPLACEMENT DEV73200 1. Equipment List: a. (1) Controller Replacement DEV73200 (DSC-R2424E) 2. Providing a. Temporarily disable alarms related to control points on controller b. Disconnect control points wiring from existing controller c. Remove existing controller from control panel and return to owner d. Pre -mount new controllers on new panel backplane in panel shop e. Install (1) new O3 DIN CPU controller and (3) new O3 DIN 8xP I/O modules into existing CP73100 control panel f. Install (1) new DC power supply for new controller g. Reconnect control point wiring to new controller h. Program new controller and recommission points i. Update graphics j. Relabel all wiring to match new controller point addresses 3. Excluding a. New control panel and transformers; reuse existing b. New wiring; relabel existing wiring 4. Points List: Controller DEV73200 Description Input Output MED TEF13 ST 1 MED EF6 ST 1 MED EF7 ST 1 WCJ OAT* 1 MED TEF14 ST 1 BKG SEF9 ST 1 ADM TEF7 ST 1 ADM TEF8 ST 1 ADM TE F9 ST 1 BKG TEK10 ST 1 ADM TEF11 ST 1 2 Setpoint Systems Corporation Weld County North Jail DSC-2424E Replacement I SSC #RM2022070072 ADM TEF12 ST 1 UPS CRAC3 ST 1 J UV CRAC4 ST 1 BKG TEF15 ST 1 MED TEF16 ST 1 ADM TEF7 8 SS 1 ADM TEF9 SS 1 BKG TEK 10 SS 1 ADM TEF11 SS 1 ADM TEF12 SS 1 BKG TEF15 SS 1 MED TEF16 SS 1 TOTAL 16 7 Note: Outside air temperature point used by other controllers will have to be temporarily placed in manual mode during controller changeout GENERAL EXCEPTIONS AND CLARIFICATIONS A. Our proposal is contingent upon receipt of a purchase order and/or subcontract agreement fully acceptable to Setpoint Systems Corporation (Setpoint) B. Network Communication: 1. System will fully integrate with existing Setpoint Controls DDC system C. BACnet Testing Laboratories (BTL) Listed controllers are standard provided by Setpoint. D. Above pricing is valid for (30) days from the proposal date. Due to the continued escalation of raw material prices, we cannot guarantee pricing beyond this timeframe unless otherwise specifically noted. We will work with our manufacturing partners to hold pricing beyond this timeframe, but quotes will need to be reviewed after (30) days. In addition, the global freight market continues to experience a significant imbalance between supply and demand, resulting in lead-time instability. Lead-times may be extended without warning - please coordinate critical completion schedules with your Setpoint Systems Sales Team E. Tax on materials of 0.0% F. Setpoint is licensed electrical contractor # EC0005478 G. Setpoint is signatory to the IBEW and UA H. Electrical installation shall be as follows: 1. All wire in conduit in exposed areas (ex. mechanical rooms) 2. Plenum rated wiring above drop ceiling areas 3. EMT will be used if in areas subject to physical damage 4. GRC will be used for outside conditions 5. 3/4" Minimum size for all conduit I. Our quotation includes: 1. Setpoint DDC controls, devices, wiring, terminations, and programming unless noted as stand alone 2. All engineering drawings, system programming, system initialization, start-up, check- out, on -site turnover, and as -built documentation 3 Existing end devices to be reused as existing (for existing equipment); existing end device(s) damaged or not fully functioning during this project, to be reported to the owner for resolution 3 Setpoint Systems Corporation Weld County North jail DSC-2424E Replacement I SSC #RM2022070072 4. One year warranty on parts and labor provided by Setpoint 5. Onsite training J. Our quotation does NOT include: 1. Demo, patch, or paint 2. Fire alarm system wiring/devices 3. No payment or performance bonds included or required for this proposal 4. Any other work or control of any equipment not specified herein PRICING SUMMARY Base Price: Controls $ 12,754.00 4 Setpoint Systems Corporation Weld County North Jail DSC-2424E Replacement I SSC #RM2022070072 Exhibit B SCOPE OF WORK Project Documents Our proposal is based upon the following; specifically: 1. Photos of controller and panel taken by Mark Hopp on 7/19/22 2. Setpoint Systems as built control drawings for project C3082; dated 6/6/2019 PROJECT DESCRIPTION This proposal is based on the following equipment: HVAC Equipment List: • (1) Controller Replacement DEV73100 HVAC EQUIPMENT A. CONTROLLER REPLACEMENT DEV73100 1. Equipment List: a. (1) Controller Replacement DEV73100 (DSC-R2424E) 2. Providing a. Temporarily disable alarms related to control points on controller b. Disconnect control points wiring from existing controller c. Remove existing controller and expansion module from control panel and return to owner d. Pre -mount new controllers on new panel backplane in panel shop e. Install (1) new O3 DIN CPU controller, (1) O3 DIN Power Injector and (6) new O3 DIN 8xP I/O modules into existing CP73100 control panel f. Install (2) new DC power supplies for new controller and associated modules g. Reconnect control point wiring to new controller h. Program new controller and recommission points i. Lpdate graphics j. Re -label all wiring to match new controller point addresses 3. Excluding a. New control panel and transformers; reuse existing b. New wiring; relabel existing wiring 4. Points List: Controller DEV73100 Description Input Output BLR RM HWG1 TK T 1 BLR RM HWG2 TK T 1 BLR RM BLR HWST 1 BLR RM BLR HWRT 1 BLR RM TP 1 BLR RM BLR1 ST 1 BLR RM BLR2 ST 1 BLR RM BLR3 ST 1 BLR RM HWP1 ST 1 BLR RM HWP2 P2 ST 1 2 Setpoint Systems Corporation Weld County North Jail DSC-2424E Replacement I SSC #RM2022070071 BLR RM BCP1 ST 1 BLR RM BCP2 ST 1 BLR RM BCP3 ST 1 BLR RM HWGP2 ST 1 BLR RM HWGP1 ST 1 BLR RM HWG1 P3 ST 1 BLR RM HWG2 P4ST 1 SAL MAUI ST 1 SAL MAUI SAT 1 SAL VEF1 ST 1 BLR RM SF1 ST 1 BLR RM GEN RN 1 BLR RM SF2 ST 1 BLR RM PHC1 VLV 1 SAL MAUI SS 1 BLR RM PHC1 ENA 1 BLR RM SF1 SS 1 BLR RM SF2 SS 1 BLR RM BLR1 ENA 1 BLR RM BLR2 ENA 1 BLR RM BLR3 ENA 1 BLR RM HWP1 SS 1 BLR RM HWP2 P2 SS 1 BLR RM BCP1 SS 1 BLR RM BCP2 SS 1 BLR RM BCP3 SS 1 BLR RM HWGP2 SS 1 BLR RM HWGP1 SS 1 BLR RM HWG1 P3SS 1 BLR RM HWG2 P4SS 1 TOTAL 23 17 GENERAL EXCEPTIONS AND CLARIFICATIONS A. Our proposal is contingent upon receipt of a purchase order and/or subcontract agreement fully acceptable to Setpoint Systems Corporation (Setpoint) B. Network Communication: 1. System will fully integrate with existing Setpoint Controls DDC system C. BACnet Testing Laboratories (BTL) Listed controllers are standard provided by Setpoint. D. Above pricing is valid for (30) days from the proposal date. Due to the continued escalation of raw material prices, we cannot guarantee pricing beyond this timeframe unless otherwise specifically noted. We will work with our manufacturing partners to hold pricing beyond this timeframe, but quotes will need to be reviewed after (30) days. In addition, the global freight market continues to experience a significant imbalance between supply and demand, resulting in lead-time instability. Lead-times may be extended without warning - please coordinate critical completion schedules with your Setpoint Systems Sales Team E Tax on materials of 0.0% 3 Setpoint Systems Corporation Weld County North Jail DSC-2424E Replacement I SSC #RM2022070071 F. Setpoint is licensed electrical contractor # EC0005478 G. Setpoint is signatory to the IBEW and UA H. Electrical installation shall be as follows: 1. All wire in conduit in exposed areas (ex. mechanical rooms) 2. Plenum rated wiring above drop ceiling areas 3. EMT will be used if in areas subject to physical damage 4. GRC will be used for outside conditions 5. 3/4" Minimum size for all conduit I. Our quotation includes: 1. Setpoint DDC controls, devices, wiring, terminations, and programming unless noted as stand alone 2. All engineering drawings, system programming, system initialization, start-up, check- out, on -site turnover, and as -built documentation 3. Existing end devices to be reused as existing (for existing equipment); existing end device(s) damaged or not fully functioning during this project, to be reported to the owner for resolution 4. One year warranty on parts and labor provided by Setpoint 5. Onsite training J Our quotation does NOT include: 1. Demo, patch, or paint 2. Fire alarm system wiring/devices 3. No payment or performance bonds included or required for this proposal 4. Any other work or control of any equipment not specified herein PRICING SUMMARY Base Price: Controls $ 13,964.00 Add Alternate #1: Add boiler room carbon monoxide sensor. Add CO sensor to graphics and create alarm notifications. $ 1,251.00 Add Alternate #2: DEMO of abandoned Blue Burnham boiler HOA panel and associated conduit outside of the boiler room. This panel is located next to the setpoint control panel. Any existing $ 542.00 wiring will be cut at nearest junction box and abandoned in place. Ita 4 Setpoint Systems Corporation Weld County North jail DSC-2424E Replacement I SSC #RM2022070071 ACRD CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 0609/2022 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 po icy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTEACT Katharine Jilek NAM Brown & Brown of Colorado, Inc. =IL, Ext): (303) 980-6265 I (FAA/C, No): (720) 962-5142 1125 17th Street, Suite 1450 E-MAILSS: Kate.Jilek@bbrown.com ADDRE INSURER(S) AFFORDING COVERAGE NAIL # Denver CO 80202 INsuRERA: Atlantic Specialty Insurance Company 27154 INSURED INSURER B : CopperPoint Insurance Company 14216 Setpoint Systems Corporation INSURER C : Lloyd's of London 15642 8167 South Park Circle INSURER D : INSURER E : Littleton CO 80120 INSURER F : COVERAGES CERTIFICATE NUMBER: 22-23 Master Celt REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR IT TYPE OF INSURANCE ADOL SUBR INSD WVD POLICY NUMBER EFF (MM/DDIYYYY) AMY POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY ICLAIMS -MADE N OCCUR Y Y 711-01-79-40-0000 07/01/2022 07/01/2023 EACH OCCURRENCE $ 1,000,000 PREM 6(6,O9:58,8:e) $ 1,000,000 MED EXP (Any one person) $ 15,000 pERSONALaAD, INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY El PROT ❑ LOC JEC OTHER: PRODUCTS - COMP/OP AGG $ 2,000,000 Employee Benefits $ 1,000,000 A AUTOMOBILE LIABILITY X ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON -OWNED _ AUTOS ONLY Y 711-01-79-40-0000 07/01/2022 07/01/2023 COMBINED SINGLE LIMIT (Ea accident) $ 1 ,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) Underinsured motorist $ 1,000,000 A X UMBRELLA LIAR EXCESS tom X OCCL!R CLAIMS -MADE Y Y 711-01-79-40-0000 07/01/2022 07/01/2023 �V"'�""lii"'�""'''' EACH OCCURRENCE $ 6,000,000 AGGREGATE $ 6,000,000 $ DED I XI RETENTION $ 0 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPRory in NH) PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) Dyes, describe under DESCRIPTION OF OPERATIONS below N/A Y 1024212 07/01/2022 07/01/2023 XI STATUTE I I EORH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE- EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ C Professional/Pollution Y B0621PSETP000422 07/01/2022 07/01/2023 Each Claim Aggregate Deductible $2,000,000 $2,000,000 $10,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) All policy terms, conditions and exclusions apply. Job Description: C3643 Weld County North Jai DSC-82424E R. Weld County Colorado is included as an additional insured in regard to General Liability and Umbrella Liability if required by written contract. Waiver of Subrogation applies in regards to General Liability, Automobile Liability, Umbrella Liability, Workers Compensation and Professional Liability if required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Weld County Colorado ACCORDANCE WITH THE POLICY PROVISIONS. 1105 H Street, Buildings & AUTHORIZED REPRESENTATIVE Grounds Dept. Greeley I CO 80631 -r 3 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Additional Named Insureds Other Named Insureds Nahale Properties LLC; Nahale Properties II LLC Sauter USA Setpoint Systems Corp 401k Insured Multiple Names Insured Multiple Names Insured Multiple Names OFAPPINF (02/2007) COPYRIGHT 2007, AMS SERVICES INC ADDITIONAL COVERAGES Ref # Description Product Recall Coverage Code PRC Form No. Edition Date Limit 1 Limit 2 25,000 50,000 Limit 3 Deductible Amount 1,000 Deductible Type Dollars Premium Ref # Description Medical payments Coverage Code MEDPM Form No. Edition Date Limit 1 Limit 2 5,000 Limit 3 Deductible Amount Deductible Type Premium Ref # Description PIP -Basic Coverage Code PIP Form No. Edition Date Limit 1 Limit 2 5,000 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Uninsured motorist combined single limit Coverage Code UMCSL Form No. Edition Date Limit 1 Limit 2 1,000,000 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Experience Mod Factor 1 Coverage Code EXPO1 Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Waiver of Subrogation Coverage Code WVSUB Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Increased employer's liability Coverage Code INEL Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium OFADTLCV Copyright 2001, AMS Services, Inc. Contract Form New Contract Request Entity Information Entity Name. SETPOINT SYSTEMS CORP Entity ID. 00010762 Contract Narne NORTH JAIL COMPLEX HVAC CONTROL PANEL REPLACEMENTS Contract Status CTB REVIEW Contract Description . REPLACE 2 HVAC CONTROL PANELS Contract Description 2 Contract Type. CONTRACT Amount. $26,718.10 Renewable' NO Automatic Renewal Grant. IGA ❑ New Entity? Contract ID 6180 Contract Lead. SGEESAMAN Contract Lead Email sgeesaman@co.weld.co.us Parent Contract ID Requires Board Approval YES Department Project # Department Requested B0CC Agenda Due Date BUILDINGS AND GROUNDS Date* 08 06x'2022 08 10, 2©22 Department Email CM- RioildingGroundsC weldgov.c orn Department H. Etrtail CM-EuiidingGrounds- DeptHeadAweldgov.r_om County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTO RN EY,PWEL DG OV.COM Will a work session with BOCC be required?" NO Does Contract require Purchasing Dept. to be included? NO If this is a renewal enter previous Contract ID If this is part of a NSA enter NSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in On Base Contract Dates Effective Date Review Date. Renewal Date 01'31;2023 Termination Notice Period Committed Delivery Date Expiration Date* 01,;31;2023 Contact Information Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head TOBY TAYLOR OH Approved Date 08:`11.,2022 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 08; 17!2022 Originator SCEESAMAN Finance Approver CHERYL PATTELLI Legal Counsel BRUCE BARKER Finance Approved Date Legal Counsel Approved Date 08; 11 :2022 08 12 e2022 Tyler Ref - AG 081 722 Hello