HomeMy WebLinkAbout20173407.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR SOFTWARE UPGRADE SUPPORT AND AUTHORIZE
CHAIR TO SIGN - JOHNSON CONTROLS, INC.
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 Software
UpgradeSupport 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 Information Technology,
and Johnson Controls, Inc., commencing October 2, 2017, 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 Software Upgrade and Support 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 Information Technology, and Johnson Controls, Inc., 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 2nd day of October, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d
Weld County Clerk to the Board
BY:
APP
County Attorney
Date of signature: l O t t O l t
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Julie A, ozad, Chair
Steve Moreno, Pro-Tem
EXCUSED
can P. Conway
e Freeman
arbara Kirkmeyer
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MEMORANDUM
TO: Esther Gesick, Clerk to the Board Sept 26, 2017
FROM: Ryan Rose, Chief Information Officer
SUBJECT: Johnson Controls, Inc.
Johnson Controls, Inc. provides software to Weld County Building and Grounds to
manage the HVAC controls for approximately half of the county's buildings. This
agreement is for the purchase of software support and upgrade of their software.
The requested cost is $31,500.
We ask that the BOCC approve the contract agreement as submitted.
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BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW/ WORK SESSION REQUEST
RE: Johnson Controls Software Upgrade and Support
DATE: September 19, 2017
DEPARTMENT: Information Technology
PERSON REQUESTING: Ryan Rose .
Brief description of the problem/issue:
Johnson Controls, Incorporated provides software and services to Weld County. The software is used by the
Buildings & Grounds department to manage the HVAC controls for approximately half the Weld County
buildings. The application is in need of being upgraded. This agreement is to get vendor assistance to upgrade
the application and to obtain software support for 3 years. The cost has been accounted for in B&G's budget.
What options exist for the Board? (Include consequences, impacts, costs, etc. of options)
Support is also offered for a one year period, however, this option would be more expensive over a 3 year period.
Recommendation:
The agreement has been reviewed and approved by Legal. It is recommended that the BOCC approve the
agreement for the three year period for a total of $31,500.
Approve
Recgtamendation
Julie Cozad, Chair
Sean P. Conway
Mike Freeman
Steve Moreno
Barbara Kirkmeyer
Schedule
Work Session
Other/Comments:
J/'
Johnson
Controls
August 28, 2017
Ryan Rose
Weld County
1105 H Street
Greeley, Colorado 80632
Project Name: Metasys Software Upgrade
Johnson Controls, Inc.
2600 Old Happy Jack Road
Cheyenne, Wyoming 82001
Tel: 970-818-1550
Johnson Controls would like to thank you for the opportunity to present this proposal for your
consideration. We propose to furnish the materials and/or perform the work described below for
the net price of:
Ootlon 1 Scone of Work
• Upgrade existing Johnson Controls Metasys ADX software version 5.2 to the newest
version of Metasys software on a virtual server owned and provided by Weld County.
Weld County will need to review the attached specifications and confirm the server
meets or exceeds these specifications.
• Metasys software is compatible with Windows Server 2012 R2
• Weld County to provide SQL software for installation by Johnson Controls. See attached
specifications for which SQL versions are compatible with Metasys.
• Upgrade software on (6) Johnson Controls NAE's as necessary so they are compatible
with the newest version of Metasys and Windows
• Weld County will have an individual from their IT department available during upgrade
for support as required
• Startup and testing for proper operation
• 4 hours of onsite owner training
Option 1 Total Net Price (if purchased before September 30, 2017): $15,200
Option 1 Total Net Price (if purchased after September30, 2017): $17,470
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Weld County Metasys Upgrade Proposal 8.28.17.Docx August 28, 2017
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option 2 scone of Work
• Upgrade existing Johnson Controls Metasys ADX software version 5.2 to the newest
version of Metasys software on a virtual server owned and provided by Weld County.
Weld County will need to review the attached specifications and confirm the server
meets or exceeds these specifications.
• Metasys software is compatible with Windows Server 2012 R2
• Weld County to provide SQL software for installation by Johnson Controls. See attached
specifications for which SQL versions are compatible with Metasys.
• Upgrade software on (6) Johnson Controls NAE's as necessary so they are compatible
with the newest version of Metasys and Windows
• One (1) year Metasys software subscription (includes labor). Includes major and
all minor software revisions during the one (1) year period.
• Weld County will have an individual from their IT department available during upgrade
for support as required
• Startup and testing for proper operation
• 4 hours of onsite owner training
Option 2 Total Net Price (if purchased before September 30, 2017): $20,900
Option 2 Total NetPrice (If purchased after September 30, 2017): $25,060
Option 3 Scone of Work
• Upgrade existing Johnson Controls Metasys ADX software version 5.2 to the newest
version of Metasys software on a virtual server owned and provided by Weld County.
Weld County will need to review the attached specifications and confirm the server
meets or exceeds these specifications.
• Metasys software is compatible with Windows Server 2012 R2
• Weld County to provide SQL software for installation by Johnson Controls. See attached
specifications for which SQL versions are compatible with Metasys.
• Upgrade software on (6) Johnson Controls NAE's as necessary so they are compatible
with the newest version of Metasys and Windows
• Three (3) year Metasys software subscription (includes labor). Includes major and
all minor software revisions during the (3) year period.
• Weld County will have an individual from their IT department available during upgrade
for support as required
• Startup and testing for proper operation
• 4 hours of onsite owner training
Option 1 Total Net Price (if purchased before September 30, 2017): $31,500
Option 1 Total Net Price (If purchased after September 30, 2017): $38,900
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Weld County Metasys Upgrade Proposal 8.28.17.Docx August 28, 2017
Below is a description of the software subscription.
Site Subscription Services
Site subscription services ensure that the subscriber automatically receives every major and
minor Metasys release upgrade for either 1 year or 3 years after purchasing the site
subscription. A newly placed 1 -year subscription service order is active for 1 year from the day
that the subscriber is billed for the service. For a newly placed 3 -year subscription service order,
the order is active for 3 years from the day that the subscriber is billed.
Metasys site subscription software packages are identified by an -SCS (1 year) or -SC3 (3 year)
suffix on the product code number. When ordering a site subscription service, simply identify the
Metasys software package or packages on the site for which you want to purchase a
subscription service. When you purchase a site subscription, your Metasys site must be at the
current major release level. For example, if you have ADS/ADX Release7.x software and the
currently available release for an ADS/ADX is Release 8.x, you must purchase an upgrade to
Release8.x before you can purchase a site subscription. Site subscription services are not
automatically renewed. You must renew your site subscription at the end of the site subscription
agreement.
Proposal Clarlflcationj
• This proposal shall be included within any contract terms and conditions.
• Provide (1) year warranty on all material and workmanship from date of completion of
the above referenced project.
• Pricing based on normal working hours (Monday - Friday) No overtime work is included
in above pricing.
• All wiring will be in rigid conduit for exterior locations, EMT conduit for interior exposed
locations and in plenum rated cable where applicable by code.
• All dampers furnished by the unit manufacturer or HVAC contactor.
• Integration to all HVAC VFD`s, chillers, boilers, and any other required mechanical
equipment via BACnet MS/TP. Communication cards and any necessary programming
to be provided by others.
• Pricing includes equipment demonstration and training per the specification.
• Lighting controls BACnet/IP or BACnet/MSTP interface by others.
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Weld County Metasys Upgrade Proposal 8.28.17.Docx August 28, 2017
• Any and all Asbestos abatement.
• Sales tax and other miscellaneous taxes.
• Electrical or Other Permits, bonds, licenses, and misc. other fees.
• 120 VAC Power, including power to control panels and VAV boxes.
• Any required trenching for underground conduit and wire.
• Any internal control wiring for packaged or terminal units.
• Furnishing, wiring or piping of any fire dampers, smoke dampers, combination
fire/smoke dampers or associated end switches.
• Providing or installing dampers or damper actuators for generator ventilation, exhaust
fans and roof ventilators.
• Any painting or patching.
• Providing or installing Access doors in ceilings, walls or ducts.
• Installation of control valves, pipe taps, sensor wells or automatic dampers.
• Thermometers in pipes or ducts.
• Providing or installing of any fire life safety systems, including smoke detectors.
• Temporary heating/cooling or use of new HVAC equipment for temporary
heating/cooling.
• Providing or installing of VFDs, motor starters or disconnects.
• Wiring for fire alarm shutdown of HVAC equipment .
• Monitoring of Fire Alarm System via the Building Automation System.
• Any LEED Measurements, Verification, and Scoring.
• Demolition (including pneumatic), permits, bonding or asbestos abatement or time spent
to repair or replace damaged temperature controls.
• Any required mechanical upgrades to existing HVAC control systems or equipment to
working condition.
• Providing or installing of air flow monitoring stations.
• Providing or installing of flow meters or energy meters.
• Providing or installing of Humidifier control valves.
Brian Suhr, Account Executive
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Weld County Metasys Upgrade Proposal 8.28.17.Docx August 28, 2017
BY
PROPOSAL ACCEPTANCE
This proposal incorporates, by reference, the attached terms and conditions. This
proposal is hereby accepted and Johnson Controls, Inc. is authorized to proceed with the work;
subject however, to credit approval by Johnson Controls, Inc., Milwaukee, Wisconsin.
Pricing for the above listed scope of work, equipment and services, is valid for thirty (30) days
from date of receipt and excludes any applicable taxes.
Each party executing this quotation warrants and represents that it has full power and authority
to enter into this agreement and bind itself to performance. Each party binds the party on behalf
of which he or she signs.
IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the date first stated above.
JOHNSON,CONTROLS, INC.
BY: NAME OF PERSON SIGNING
POSITION OF PERSON SIGNING
ATTES' : ddrAt/1) "'' ` ''g`- BOARD OF COUNTY COMMISSIONERS
Weld o nt Clerk to th- Board COUNTY, COLORADO
k
Deputy It -rk to the ;Pr- IE jp,u leGf'ozad, Chair
Q,�i/a 2 2017
Date
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TERMS AND CONDITIONS
By accepting this proposal, Purchaser agrees to be bound by the following terms and conditions:
1. SCOPE OF WORK. This proposal Is based upon the use of straight time labor only. Plastering, patching and painting are excluded. "In -line" duct
and piping devices, including, but not limited to, valves, dampers, humidifiers, wells, taps, flow meters, orifices, etc., if required hereunder to be
furnished by Johnson, shall be distributed and installed by others under Johnson's supervision but at no additional cost to Johnson. Purchaser
agrees to provide Johnson with required field utilities (electricity, toilets, drinking water, project hoist, elevator service, etc.) without charge.
Johnson agrees to keep the Job site clean of debris arising out of Its own operations. Purchaser shall not back charge Johnson for any costs or
expenses without Johnson's written consent.
Unless specifically noted in the statement of the scope of work or services undertaken by JCI under this agreement, JCI's obligations under this
agreement expressly exclude any work or service of any nature associated or connected with the identification, abatement, clean up, control,
removal, or disposal of environment Hazards or dangerous substances, to include but not be limited to asbestos or PCB's discovered in or on the
premises. Any language or provision of the agreement elsewhere contained which may authorize or empower the Purchaser to change, modify, or
alter the scope of work or services to he performed by JCI shall not operate to compel JCI to perform any work relating to Hazards without JCI's
express written consent,
2, INVOICING & PAYMENTS. Johnson may invoice Purchaser monthly for all materials delivered to the Job site or to an off site storage facility and
for all work performed on -site and off -site. Ten percent (10%) of the contract price is for engineering, drafting and other mobilization costs Incurred
prior to installation. This 10% shall be included in Johnson's initial invoice. Purchaser agrees to pay Johnson the amount invoiced upon receipt of
the invoice. Waivers of lien will be furnished upon request, as the work progresses, to the extent payments are received. If Johnson's Invoice Is not
paid within 30 days of its issuance, it is delinquent.
3. MATERIALS. If the materials or equipment Included in this proposal become temporarily or permanently unavailable for reasons beyond the
control and without the fault of Johnson, than In the case of permanent unavailability, the time for performance of the work shell be extended to the
extent thereof, and In the case of permanent unavailability, Johnson shall (a) be excused from furnishing said materials or equipment, and (b) be
reimbursed for the difference between the cost of the materials or equipment permanently unavailable and the cost of a reasonably available
substitute therefor,
4. WARRANTY. Johnson warrants that the equipment manufactured by It shall be free from defects in material and workmanship arising from normal
usage for a period of ninety (90) days from delivery of said equipment, or If Installed by Johnson, for a period of ninety (90) days from Installation.
Johnson warrants that for equipment furnished and/or Installed but not manufactured by Johnson. Johnson will extend the same warranty terms
and conditions which Johnson receives from the manufacturer of said equipment. For equipment Installed by Johnson, If Purchaser provides
written notice to Johnson of any such defect within thirty (30) days after the appearance or discovery of such defect, Johnson shall, at Its option,
ropsir or replace the defective equipment and return said equipment to Purchaser. Ali transportation charges incurred In connection with the
warranty Mr equipment net installed by Johnson shall be borne by Purchaser. These warranties do not extend to any equipment wNeh has been
repaired by others, abused altered or misused, or which has not been properly and reasonably maintained. THESE WARRANTIES ARE IN LIEU
OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO. THOSE OF MERCHANTABILITY AND FITNESS
FOR A SPECIFIC PURPOSE.
5. LIABILITY. Johnson shall not be liable for any special, indirect or consequential damages arising in any manner from the equipment or material
furnished or the work performed pursuant to this agreement,
B. TAXES. The price of this proposal does not include duties, sales, use, excise, or other similar taxes, unless required by federal, state or local law.
Purchaser shall pay, In addition to the stated price, all taxes not legally required to be paid by Johnson or, alternatively, shall provide Johnson with
acceptable tax exemption certificates, Johnson shall provide Purchaser with any tax payment certificate upon request and after completion and
acceptance of the work.
7, DELAYS. Johnson shall not be liable for any delay in the performance of the work resulting from or attributed to acts or circumstances beyond
Johnson's control, including, but not limited to, acts of God, fire, riots, tabor disputes, conditions of the premises, acts or omissions of the
Purchaser, Owner, or other Contractors or delays caused by suppliers or subcontractors of John, etc.
B. COMPLIANCE WITH LAWS. Johnson shall comply with all applicable federal, state and local laws and regulations and shall obtain all temporary
licenses and permits required for the prosecution of the work. Licenses and permits of a permanent nature shell be procured end paid for by the
Purchaser.
9. DISPUTES. All disputes Involving more than $15,000 shell be resolved by arbitration In accordance with the rules of the American Arbitration
Association. The prevailing party shall recover all legal costs end attorney's fees Incurred as a result. Nothing here shall limit any rights under
construction lion laws
11. INSURANCE. Insurance coverage In excess of Johnson's standard limits will be furnished when requested and required. No credit will be given or
premium paid by Johnson for Insurance afforded by others.
12. INDEMNITY. The Parties hereto agree to indemnify each other from any and all liabilities, claims, expenses, losses or damages, including
attorneys' fees, which may arise in connection with the execution of the work herein specified and which are caused, in whole or In part, by the
negligent act or omission of the Indemnifying PartyTo the extent permitted by law.
13. OCCUPATIONAL SAFETY AND HEALTH. The Parties hereto agree to notify each other immediately upon becoming aware of an inspection
under, or any alleged violation of, the Occupational Safety and Health Act relating in any way to the project or project site.
14. ENTIRE AGREEMENT. This proposal, upon acceptance, shall constitute the entire agreement between the parties and supersedes any prior
representations or understandings.
15. CHANGES. No change or modification or any of the terms and conditions stated herein shall be binding upon Johnson unless accepted by
Johnson In writing.
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