HomeMy WebLinkAbout20191127.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES FOR HVAC CONTROLS
UPGRADE (PUBLIC HEALTH BUILDING) 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 HVAC Controls Upgrade (Public Health Building) between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Department of Buildings and Grounds, 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 HVAC Controls Upgrade
(Public Health Building) between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, on behalf of the Department of Buildings and Grounds,
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 18th day of March, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WE D COUNTY, COLO DO
ATTEST: chatrk/ , je:40;64
Weld County Clerk
to the Board
BY:
Deputy CI -T to the Boar
APPROVED AS TO FORM:
�cf'— County Attorney
Date of signature: c2/25/I t
Steve Moreno
arbara Kirkmeyer, C air
Mike Freeman, Pro- em
C,
James
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2019-1127
BG0021
6711760 -
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: HVAC Controls — 2019 Capital
DEPARTMENT: B&G
PERSON REQUESTING: Toby Taylor
DATE: 1-10-2018
Brief description of the problem/issue:
In the 2019 Capital plan we have programmed in an upgrade of the existing HVAC controls for the following
buildings. The costs below are the quoted costs for the upgrade. Since these items are single sourced from one
vendor to remain compatible with the rest of the building's component and County HVAC controls, a bid
cannot pursue without completely replacing the entire system that would result in costly budget overruns.
The buildings and quotes are:
Public Health: $127,512
Public Works: $80,933
Jail: $102,009.
In addition, we will bring approval for the 3 -year Technical Support Agreement (TSA) which covers all the
County buildings operating on Delta Controls software. The TSA provides the hardware, firmware, and
software support services through a reduced cost rate. The cost of the TSA agreement is $3,352 per year for a
total of $10,056 through the term.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
1. Disapprove the planned capital improvement
2. Approve the planned capital improvement.
Recommendation:
Recommend the Option 2 for approving the capital improvement through the single source provider. And each
individual project will be placed on BOCC agenda as new business.
Sean P. Conway
Mike Freeman, Pro-Tem
Scott K. James
Barbara Kirkmeyer, Chair
Steve Moreno
Approve Z Schedule
Recommendation Work Session
Other/Comments:
2019-1127
bGC° .'
3/18
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN WELD COUNTY & SETPOINT SYSTEMS CORPORATION
HVAC CONTROLS UPGRADE -PUBLIC HEALTH BUILDING
�n
THIS AGREEMENT is made and entered into this /1day of j€ L/, 2011 by
and between the County of Weld, a body corporate and politic of the State of 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 "Contract Professional".
WHEREAS, County requires an independent contractor to perform the services required
by County; and
WHEREAS, Contractor is willing to perform and has the specific ability to perform the
required Services at or below the cost set forth in Exhibit A:
WHEREAS, Contractor is authorized to do business in the State of Colorado and has the
time, skill, expertise, and experience necessary to provide the equipment, materials and services
as set forth below;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. Introduction.
The terms of this Agreement are contained in the terms recited in this document and in
Exhibit A of which forms an integral part of this Agreement. Exhibit A is specifically incorporated
herein by this reference. County and Contractor acknowledge and agree that this Agreement,
including specifically Exhibit A, define the performance obligations of Contractor and
Contractor's willingness and ability to meet those requirements.
Exhibit A consists of Contractor's Response to County's Request. 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
Exhibits A and R 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
O.2_o/f-i, 2 7
described in Exhibits MAI.. 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.
S. 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
$102,512.00, which is the bid set forth in Exhibit A. 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 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.
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 set forth in the related Bid or Request for Proposal.
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 may be 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.: Jeff Grimm- Service Account Manager
Address: 8167 SouthPark Circle
Address: Littleton, CO 80120
E-mail: jgrimmaa,setpointsystems.com
Telephone: (303) 733-2300
County:
Name: Toby Taylor
Position: Director of Buildings and Grounds
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-l0-101 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 A and B, is the complete and exclusive statement of agreement between
the parties and supersedes all proposals or prior agreements, oral or written, and any other
communications between the parties relating to the subject matter of this Agreement.
WITNESS WHEREOF, the parties hereto have signed this Agreement this /0 �a of
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CONTRACTOR:
Setpoint Sj : s Cor , e ra ' n
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ATTEST: .� W Jelt0;e1 BOARD OF COUNTY COMMISSIONERS
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BY:
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SETPOINT
Since 1483
SYSTEMS CORPORATION
December 19, 2018
Toby Taylor, Director
Weld County Department of Buildings & Grounds
Weld County Veterans Services
1105 H Street
P.O. Box 758
Greeley, CO 80632
Subject: Weld County DDC Upgrades
Dear Toby,
collaborative solutions unmatched training.
Per your request, you are asking Setpoint Systems to provide a proposal to upgrade the legacy components of the
Public Works, Training Center, North Jail and Public Health buildings to current controls for improved tenant
comfort and energy savings.
Our proposal will address the following concern:
- All four of these buildings are currently operating with legacy V2 panels.
- These controllers are at increased risk of failure due to age, and there are no direct replacements for
these controllers.
Again, thank you for this opportunity to submit a proposal for this project. If you have any questions, or require
further information, please do not hesitate to contact me.
Sincerely,
SETPOINT SYSTEMS CORPORATION
Jeff Grimm
Service Account Manager
303.868.7808 I Mobile
800.372.8837 I After Hours
303.733.2300 I Office
303.733.2333 I Fax
jgrimm@setpointsystems.com
ROCKY MOUNTAIN: 8167 SouthPark Circle, Littleton, CO 80120 (303) 733-2300
CALIFORNIA: 1370 Reynolds Ave., Suite 103, Irvine, CA 92614 (949) 271-2837
MINNESOTA: 1831 — 121st Street East, Burnsville, MN 55337 (612) 259-3440
24/7 service 1-800-372-8837
www.setpointsystems.com
info@setpointsystems.com
Executive Summary:
Project Description:
Due to the lack of availability and the age of the existing controllers, Setpoint Systems is proposing to provide
labor and material to replace your legacy controllers with the latest Delta controllers, bringing your system up to
current hardware and firmware standards. To take advantage of your existing investment, it is our intention to
reuse as much of the existing device wiring and end devices as possible. This will improve processing speed,
network speed, and reliability. For comparison purposes, below are the prices both with, and without, a Technical
Support Agreement.
PRICING
Public Health:
v2 UPGRADES Price w/ TSA Price w/o TSA
SETPOINT will provide BAS Controls as specified in this proposal.
$ 102,512.00
$ 127,114.00
PUBLIC HEALTH: PROJECT DESCRIPTION
A. ORCA UPGRADE
1. ORCA 1 Controller Replacement
A. Replace ORCA 1 with a new eBCON fully programmable BACnet® controller.
• Provide four (4) new enteliBUS I/O Expansion Module with 4 universal inputs and 4
universal outputs with monitored override switches.
• Provide one (1) new enteliBUS I/O Expansion Module with 8 universal inputs.
• Provide two (2) new ADP-eBUS-DEB 8 in/8 out Termination Adapter w/DIN Rail
• Provide one (1) new enteliBUS I/O Expansion Blank Module
B. VARIABLE AIR VOLUME BOXES
1. Equipment List:
• (16) Cooling only Variable Air Volume Boxes
• (34) VAV with Heating Water Reheat
• (2) VAV with Heating Water Reheat & Exhaust Fans
2. Providing
• New Delta eZV-440 VAV controllers
• Remove existing VAV controller and wire, and replace with eZV described previously
• New Delta DZNR-768 BACnet MS/TP Repeater for network monitoring and trouble shooting
3. Excluding
• Control valves; existing assumed to be in good working order and will be reused
• New space temperature sensor; existing assumed to be in good working order and will be
reused in its current location
• New VAV damper actuator; existing assumed to be in good working order and will be reused
• New 24vac power and communication wire; existing 24vac power and communication wire is
existing assumed to be in good working order and will be reused
2
Setpoint Systems Corporation
Weld County v2 Upgrades
• Air balancing provided by others
4. Points List:
• See SSC as -built drawings (referenced in project documents) for points and sequence to be
reused
C. FAN POWERED VARIABLE AIR VOLUME BOXES
1. Equipment List:
• (6) FPVAV with Heating Water Reheat
2. Providing
• New Delta eZV-440 VAV controllers
• Remove existing VAV controller and wire, and replace with eZV described previously
• New discharge temperature sensor
3. Excluding
• Control valves; existing assumed to be in good working order and will be reused
• New space temperature sensor; existing assumed to be in good working order and will be
reused in its current location
• New VAV damper actuator; existing assumed to be in good working order and will be reused
• New 24vac power and communication wire; existing 24vac power and communication wire is
existing assumed to be in good working order and will be reused
• Air balancing provided by others
4. Points List:
• See SSC as -built drawings (referenced in project documents) for points and sequence to be
reused
D. MICROS UPGRADE
1. Micros Controller Replacement
• Replace (5) MICROS with new DAC-R1108 fully programmable BACnet® controllers.
• The alternate option to provide Ethernet Cat6 communication wiring is based on DAC-1180E
fitting in existing enclosure.
E. NETWORK
1. Provide one (1) new eBMGR fully programmable BACnet® controller
• Setpoint will provide an ebMGR to allow connectivity on the existing Weld 3.40 network, and
the building will be visible through existing enteliWEB front end.
• Weld County will provide an IP address.
• Setpoint will provide Ethernet Cat6 communication wiring between panels and WAN.
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. Our proposal is based upon the following; specifically:
1. Setpoint Systems "as -built" drawings; C759; 2/7/00
2. Setpoint Systems "as -built" drawings; C1419 2.15.07 & C931 11.7.02
3. Setpoint Systems "as -built" drawings; C630 12.16.98
C. Setpoint Systems reserves the option to update scope and price for this proposal based upon updates
with design plans and specifications
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Setpoint Systems Corporation
Weld County v2 Upgrades
D. Network Communication:
1. Setpoint will provide and install a fully networked, BTL Listed BACnet Building Management System
(BMS), in full accordance with ASHRAE Standard 135-2012
2. Provided BACnet network of peer -to -peer controllers will reside on ISO 8802-3 Ethernet network
communicating at 100 Mbps
3. System will fully integrate with existing Delta Controls DDC system
E. BACnet Testing Laboratories (BTL) listed controllers are standard provided by Setpoint.
F. Our quotation is good for 60 days
G. Tax on materials of 0.00%
H. Setpoint is licensed electrical contractor # EC0005478
I. Setpoint is signatory to the IBEW and UA
J. 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. %" Minimum size for all conduit
K. Our quotation includes:
1. Remove existing ORCA/MICROS controllers from existing control panels and replace with new
entelliBUS controllers
2. Delta DDC controls, devices, wiring, terminations, and programming unless noted as stand alone
3. New communication wire between panel and front end or switch and between controllers
4. All engineering drawings, system programming, system initialization, start-up, check-out, on -site
turnover, and as -built documentation
5. Re -label all panels and field devices
6. Remove and replace existing ceiling tile
7. Commissioning support to the commissioning agent only; full-time commissioning not included or
required for this proposal
8. 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
9. Fabricated control panels by Setpoint are UL508A Listed
10. One year warranty on parts and labor provided by Setpoint
11. Onsite training
12. Update graphics in enteliWEB
13. UNLIMITED FREE hands-on training to owners and operators for the life of any Delta Controls
system we install. Training is offered at our Littleton office and consists of monthly two two-day
classes. Lunch and training materials are included.
L. Our quotation does NOT include:
1. Demo, patch or paint
2. Replace broken ceiling tiles
3. Testing and balancing for HVAC Systems; Setpoint provides support to balancer
4. Trenching, excavation underground piping and cable work
5. Providing 120 volt power (provided by Division 26)
6. Installation of control valves and dampers
7. Fire alarm system wiring/devices
8. Fire/smoke dampers provision, installation or control
9. New end devices associated with ORCA/MICROS controllers
10. No payment or performance bonds included or required for this proposal
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Setpoint Systems Corporation
Weld County v2 Upgrades
TERMS & CONDITIONS
By accepting this Proposal, Customer agrees to be bound by the following terms and conditions:
1.0 GENERAL PROVISIONS
1.1 Normal working hours are defined as 7:30 A.M. to 4:30
P.M. Monday through Friday inclusive, excluding Holidays.
1.2 Throughout the term of this agreement, CUSTOMER shall
maintain site conditions within the common environmental range of
all system devices, as specified in the specifications. Setpoint
Systems Corporation reserves the right to terminate or refuse service
when, in its opinion, conditions at the site installation represent a
health or safety hazard.
1.3 Customer shall provide reasonable means of access to the
equipment being serviced. Setpoint Systems shall not be responsible
for any removal, replacement or refinishing of the building structure,
if required to gain access to equipment. Setpoint Systems shall be
permitted to control and/or operate all equipment necessary to
perform the services herein described as arranged with the
Customer's representative. Customer shall make available, if
requested for safety reasons, an authorized representative on the
premises during Setpoint Systems' performance of service.
1.4 Setpoint Systems shall warrant all new materials provided
under this contract for one (1) year from date of installation.
1.5 This agreement, when accepted in writing by the Customer
and Setpoint Systems, shall constitute the entire agreement between
the two parties.
1.6 All Setpoint Systems materials, tools, documentation and
test equipment used on the job site shall remain exclusive property
of Setpoint Systems. Setpoint Systems shall have use of common
building tools, such as ladders, etc.
2.0 TERMS OF PAYMENT
2.1 For services not covered herein and performed by Setpoint
Systems upon Customer's request, Customer agrees to pay Setpoint
Systems in accordance with Setpoint Systems' then prevailing rates
and terms.
2.2 This agreement may be adjusted on any Agreement
anniversary date for changes in labor and/or material charges, and
items or equipment covered by mutual agreement of both parties.
2.3 Customer agrees to pay applicable sales, use or like taxes
in addition to the amounts set forth above that Setpoint Systems is
required to collect or that are later imposed on Setpoint Systems in
connection with this agreement unless Customer provides valid
evidence of exemption from such tax.
2.4 Setpoint Systems reserves the right to withhold without
liability, with prior written notice, any service called for if payments
due Setpoint Systems (whether under this agreement or other
contract) are not made in accordance with these terms.
3.0 TERMINATION
3.1 If either party fails to perform or observe any covenant or
obligation under this agreement, and such failure continues for a
period of thirty (30) days after written notice thereof, the other party
shall have the right to terminate this agreement.
3.2 Setpoint Systems shall have the right to terminate this
agreement if: Customer attempts to assign this agreement without
the written consent of Setpoint Systems or transfer any of its rights,
proceedings, voluntary or involuntary by or against Customer, or in
the event or appointment, with or without Customer's consent, of a
receiver for the benefit of creditors; or if a Customer fails to make
any payment required under the agreement within thirty (30) days
after the same shall become due and payable.
3.3 In the event of termination, all payments invoiced but not
paid by the Customer shall become immediately due and payable.
Charges for all other work performed for which Customer has not
been invoiced shall immediately become due and payable to
Setpoint Systems upon request by Customer of an invoice.
4.0 LIMITATION OF LIABILITY AND WARRANTY
4.1 Setpoint Systems shall not be liable for any loss, delay,
injury, or damage that may be caused by circumstances beyond its
control, including, but not restricted to, acts of God, war, civil
commotion, acts of government, fire, theft, corrosion, floods, water
damage, lightening, freeze -ups, strikes, lockouts, differences with
workmen, riots, explosions, quarantine restrictions, delays in
transportation, shortage of fuel, labor or materials, or malicious
mischief. IN NO EVENT SHALL SETPOINT SYSTEMS BE LIABLE
FOR ANY SPECIAL INDIRECT, CONSEQUENTIAL,
SPECULATIVE, OR PUNATIVE DAMAGES; however, this sentence
shall not relieve Setpoint Systems of any liability for damage to
property or injury to persons resulting from accidents caused directly
by the negligence of Setpoint Systems in performance or failure of
performance of its obligations under this agreement.
4.2 Setpoint Systems shall not be required to make safety
tests, install new devices or make modifications to any equipment
beyond the scope of the original contract in order to comply with
recommendations or directives of insurance companies, government
bodies, or for other reasons.
4.3 Setpoint Systems shall not be required to make
replacements or repairs necessitated by reasons of negligence,
abuse or misuse, or by reason of any other cause beyond its control
except ordinary wear and tear.
4.4 This agreement pre -supposes that all equipment is in
satisfactory working condition, is at the recommended version level,
and unmodified. Upon initial inspection or initial seasonal startup,
Setpoint Systems will make recommendations in writing to Customer
of those repairs and/or replacements determined necessary to bring
equipment to proper operating condition. Should repairs not be
authorized within thirty (30) days, the equipment will be eliminated
from coverage and the agreement price shall be adjusted
accordingly.
4.5 If the equipment or software included under this agreement
is altered, modified or changed by a party other than Setpoint
Systems, this agreement can be modified to incorporate such
changes and the agreement price can be adjusted accordingly.
4.6 It is understood that the provisions of this agreement apply
only to the systems and equipment listed herein. Repair or
replacement of any other systems or equipment not included herein
is not included in this agreement.
5.0 MISCELLANEOUS
5.1 All waivers, alterations, changes or modifications to this
agreement, and all notices required, must be in writing and accepted
by both parties.
5.2 The provisions of this agreement are declared to be
severable. Any provision, in whole or in part prohibited or
unenforceable in any jurisdiction shall be ineffective to the extent of
such prohibition or unenforceability, without invalidating the
remaining provisions hereof.
5.3 This agreement shall be governed by and construed in
accordance with the laws of the State of Colorado.
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Setpoint Systems Corporation
Weld County v2 Upgrades
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