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Home My WebLink About20252396.tiffConkva IDS 119 CQ SERVICE AGREEMENT BETWEEN WELD COUNTY AND NOCO ENERGY SOLUTIONS THIS AGREEMENT is made and entered into this -rind day of 2025, by and between the Board of Weld County Commissioners, on behalf of Facilities Department, hereinafter referred to as "County," and NOCO Energy Solutions, hereinafter referred to as "Contractor". WHEREAS, County requires an independent contractor to perform the services required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing and has the specific ability to perform the required services at or below the cost set forth in the attached Exhibits; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the attached Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall be based upon order of attachment. Exhibit A consists of County's Invitation for Bid (IFB) as set forth in Bid Package No. B2500092. Exhibit B consists of Contractor's Response to County's Request. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel, and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and ends one year later. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from Form Revision 5-2025 Con -'+- cc Ohba e (800 Pop pusonasr(rlC 61/z2/Z5 a/2 Z/ZS ZO25--Z39 CQ BE -100Z-1 entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Due to the time needed for County to procure replacement services, Contractor may terminate this Agreement for its own convenience upon ninety (90) days written notice to County. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and Contractor shall deliver to County all completed or partially completed Work under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Amendment. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. 6. Compensation. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay Contractor an amount not to exceed $998,189.00 as set forth in the Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith retum such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in 2 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 contactor and that Contractor's officers, agents or employees will not become employees or agents of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Any provisions in this Contract that may appear to give the County the right to direct Contractor as to details of doing work or to exercise a measure of control over the work mean that Contractor shall follow the direction of the County as to end results of the work only. The Contractor is obligated to pay all federal and state income tax on any moneys earned or paid pursuant to this contract. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of the Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees, and subcontractors. 9. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. 10. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the project. In no event shall any action 3 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, and County's action or inaction when any such breach or default exists shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 11. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. Contractor shall provide coverage with limits of liability no less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a "following form" basis. Acceptability of Insurers: Insurance is to be placed with insurers duly licensed or authorized to do business in the state of Colorado and with an "A.M. Best" rating of not less than A -VII. The County in no way warrants that the above -required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency. Required Types of Insurance. Workers' Compensation and Employer's Liability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act, AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 100,000 $ 100,000 $ 500,000 Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work. The policy shall be endorsed to include the following additional insured language: "County, its elected officials, affiliated entities, employees, agents, and volunteers shall be named as additional 4 insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor." Such policy shall include Minimum Limits as follows: Each Occurrence $ 1,000,000 General Aggregate $ 2,000,000 Products/Completed Operations Aggregate $ 2,000,000 Personal/Advertising Injury $ 1,000,000 Automobile Liability Insurance for Bodily Injury and Property Damage for any owned, hired, and non -owned vehicles operating both on County property and elsewhere in the performance of this Contract. The policy shall be endorsed to include the following additional insured language: "County, its elected officials, affiliated entities, employees, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor." Contractor's Automobile Insurance Policy shall include Minimum Limits as follows: Bodily Injury/Property Damage (Each Accident) $ 1,000,000 12. Proof of Insurance. All insurers must be licensed or approved to do business within the State of Colorado, and unless otherwise specified, all policies must be written on a per occurrence basis. The Contractor shall provide the County with a Certificate of Insurance evidencing all required coverages, before commencing work or entering the County premises. The Contractor shall furnish the County with certificates of insurance (ACCORD) form or equivalent approved by the County as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Contractor shall name on the certificate" Weld County, its elected officials, affiliated entities, employees, agents, and volunteers as Additional Insureds" for the Commercial General Liability coverage and for the Automobile Liability coverage for work that is being performed by or on behalf of the Contractor. On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract. Upon request by the County, Contractor must provide a certified copy of the actual insurance policy and/or required endorsements, for examination, effecting coverage(s) required by the Contract. Such documents are deemed confidential and deemed not public records for purposes of the Colorado Open Records Act. All 5 certificates and endorsements are to be received and approved by the County before work commences. Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project, and for a longer period of time if required by other provisions in this Agreement. Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal is a material breach of contract. All certificates and any required endorsement(s) shall be sent directly to the County Department Representative's Name and Address. The project/contract number and project description shall be noted on the certificate of insurance. The County reserves the right to require complete, certified copies of all insurance policies for examination required by this Agreement at any time. Any modification or variation from the insurance requirements in this Agreement shall be made by the County Attorney's Office, whose decision shall be final. Such action will not require a formal contract amendment but may be made by administrative action. 13. Additional Insurance Related Requirements: The County requires that all policies of insurance be written on a primary basis, non-contributory with any other insurance coverages and/or self-insurance carried by the County. The Contractor shall advise the County in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit. At their own expense, the Contractor will reinstate the aggregate limits to comply with the minimum requirements and shall furnish the County with a new certificate of insurance showing such coverage is in force. Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project. Contractors Professional Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years after completion of the project. Certificates of insurance shall state that on the policies that the County is required to be named as an Additional Insured, the insurance carrier shall provide a minimum of 30 days advance written notice to the County for cancellation, non -renewal, suspension, voided, or material changes to policies required under this Agreement, except when cancellation is for non-payment of premium, then ten (10) days prior notice may be given. On all other policies, it is the Contractor's responsibility to give the County 30 days' notice if policies are reduced in coverage or limits, cancelled or non -renewed. However, in those situations where the insurance carrier refuses to provide notice to County, the Contractor shall notify County of any cancellation, or reduction in 6 coverage or limits of any insurance within seven (7) days or receipt of insurer's notification to that effect. The Contractor agrees that the insurance requirements specified in this Agreement do not reduce the liability Contractor has assumed in the indemnification/hold harmless section of this Agreement. Failure of the Contractor to fully comply with these requirements during the term of this Agreement may be considered a material breach of contract and may be cause for immediate termination of the Agreement at the option of the County. The County reserves the right to negotiate additional specific insurance requirements at the time of the contract award. 14. Subcontractor Insurance. Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above-descrired insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. 15. No limitation of Liability. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. 16. Mutual Cooperation. The County and Contractor shall cooperate with each other in the collection of any insurance proceeds which may be payable in the event of any loss, including the execution and delivery of any proof of loss or other actions required to effect recovery. 17. Indemnity. The Contractor shall defend, indemnify, hold harmless and, not excluding the County's right to participate, defend the County, its officers, officials, agents, and employees, from and against all liabilities, claims, actions, damages, losses, and expenses including without limitation reasonable attorneys' fees and costs (hereinafter referred to collectively as "claims") for bodily injury or personal injury including death, or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or 7 subcontractors. This indemnity includes any claim or amount arising out of or recovered under the Workers' Compensation law or arising out of the failure of such contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or court decree. It is the specific intention of the parties that County shall, in all instances, except for claims arising solely from the negligent or willful acts or omissions of the County, be indemnified by Contractor from and against any and all claims. It is agreed that Contractor will be responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable. In consideration for the award of this contract, the Contractor agrees to waive all rights of subrogation against the County, its officers, officials, agents, and employees for losses arising from the work performed by the Contractor for the County. 18. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 19. Examination of Records. To the extent required by law, the Contractor agrees that a duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers, and records of Contractor, involving all matters and/or transactions related to this Agreement. Contractor agrees to maintain these documents for three years from the date of the last payment received. 20. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes, or Governmental actions. 21. Notices. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required and received by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice may be sent to: 8 TO CONTRACTOR: Name: Dave Geist Position: Owner Address: 394 Delozier Drive, Fort Collins Colorado 80524 E-mail: dave@nocoenergysolutions.com Phone: (970) 310-6240 TO COUNTY: Name: Patrick O'Neill Position: Facilities Director Address: 1105 H Street, Greeley Colorado 80631 E-mail: poneill@weld.gov Phone: (970) 400-2023 22. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 23. Non -Exclusive Agreement. This Agreement is nonexclusive, and County may engage or use other Contractors or persons to perform services of the same or similar nature. 24. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 25. F ..a -Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 26. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 27. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including, without limitation, the warranties, indemnification obligations, 9 confidentiality and record keeping requirements) shall survive any such expiration or termination. 28. 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. 29. Non -Waiver. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of the monetary limitations or any of the other immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§ 24-10-101 et seq., as applicable now or hereafter amended. 30. 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. 31. 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. 32. 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 VV -id. County District Court shall have exclusive jurisdiction to resolve said dispute. 33. No Employment of Unauthorized Aliens - Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an unauthorized alien who will perform work under this Agreement (see 8 U.S.C.A. §1324a and (h)(3)) nor enter into a contract with a subcontractor that employs or contracts with an unauthorized alien to perform work under this Agreement. Upon request, contractor shall deliver to the County a written notarized affirmation that it has examined the legal work status of an employee and shall comply with all other requirements of federal or state law. Contractor agrees to comply with any reasonable request from the Colorado Department of Labor and Employment in the course of any investigation. 10 If Contractor fails to comply with any requirement of this provision, County may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. 34. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 35. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra -judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. CONTRACTOR: By: Dave Geist Datea202 O9.`,1507=-06'00' Name: Dave Geist Title: Owner Date of Signature: 9-12-25 WELD COUNTY: ATTEST:Width&;ok, BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO Weld County lerk to the Board , BY: I �U ► l/ `� �,1 "C Deputy Clerk to the Board 11 Pry L. Buck, Chair SEP 2 2 2025 Zo25-239 Weld County Finance Department Purchasing Division 1301 North 17th Avenue Greeley, Colorado 80631 General Services - Invitation for Bid (IFB) Cover Shee Bid Number: Title: Advertisement Date: Pre- Bid Meeting: Pre- Bid Location: Questions Due: Questions Posted: Questions email: Bid Due Date: Bid Delivery: For additional information: IFB Schedules B2500092 Weld County Human Services Building B HVAC Upgrade June 27, 2025 July 11, 2025, at 10:00 am 315 North 11th Avenue Bldg. B, Greeley Colorado July 18, 2025, by 10:00 am July 22, 2025, by 5:00 pm bids©weld.gov July 29, 2025, by 10:00 am, Purchasing's Clock EXHIBIT 1 A Preferred email to bids©weld.gov or option to hand delivery to 1301 North 17th Avenue, Greeley, CO 80631 bids(c�weld.gov Documents Included in this Bid Package Schedule A: Bid Instructions S chedule B: Scope of Work Schedule C: Project Schedule S chedule D: Bid Form S chedule E: Insurance Schedule F: Weld County Contract IFB Attachments Attachment 1 — Project Drawings Attachment 2 — Structural Form Revision 6-2025 Table of Contents General Services - Invitation for Bid (IFB) Cover Sheet 1 Documents Included in this Bid Package 1 IFB Schedules 1 IFB Attachments 1 Table of Contents 2 Schedule A - Bid Instructions 3 Purpose/Background 3 Bid Advertisement 3 Bid Submission 3 Introductory Information 3 Cooperative Purchasing 4 Schedule B - Scope of Work 6 Project Overview 6 Method of Procurement 6 Pricing Method 6 Specific Requirements and Responsibilities 6 Schedule C - Procurement Schedule 9 Schedule D - Bid Response Form 10 Bid Submittal Instructions 10 Fees 10 Attestation 10 Schedule E — Insurance 12 Insurance 12 Insurance Mailing Information 14 Schedule F - Weld County Contract 16 Contractual Obligations 16 Weld County Standard Contract 16 Solicitation # B2500092 Page 2 Schedule A - Bid Instructions Purpose/Background The Board of County Commissioners of Weld County, Colorado, by and through its Purchasing Office (collectively referred to herein as, "Weld County"), wishes to purchase the following: Weld County Human Services Building B HVAC Upgrade A Mandatory pre -bid conference will be held on July 11, 2025 , at 10:00 am at the Weld County Human Services Building B located at, 315 North 11th Avenue, Greeley, CO 80631. Bidders must participate and record their presence at the pre -bid conference to be eligible to submit bids. Bids will be received until: July 29, 2025 at 10:00 am (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on July 29, 2025 at 10:30 am. To join, call the phone number and enter the Conference ID provided below or you are invited to attend the bid opening in person at the Weld County Purchasing Conference Room, 1301 N. 17th Avenue, Greeley, CO 80631. Microsoft Teams Join the meeting now Meeting ID: 266 972 103 792 0 Passcode: CP9JP27K By Phone +1 720-439-5261„865841315# United States, Denver Phone conference ID: 865 841 315# Bid Advertisement You can find information concerning this request on the BidNet Direct website at https://www.bidnetdirect.com/ Weld County Government is a member of BidNet Direct. BidNet Direct is an on-line notification system which is being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Bid Submission 1. PREFERRED: email bids to bids(fweld.gov If your bid exceeds 25MB please upload your bid to https://www.bidnetdirect.com. The maximum file size to upload to BidNet Direct is 500 MB. If vendor does not desire email submission, sealed bids will be received at the Office of the Weld County Purchasing in the Weld County Building located at 1301 North 17th Avenue, Greeley, CO 80631 by the bid due date and time. 2. PDF format is required. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when your bid has been received. Please call Purchasing at 970-400-4222 or 4223 with any questions. Introductory Information 1. Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Division. Each bid must give the full business address of bidder and be signed by authorized person. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations Solicitation # B2500092 Page 3 must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Procurement Manager satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. 2. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Division on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Hard copy bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Procurement Manager for the premature opening of a bid not properly addressed and identified. Bids may be withdrawn upon written request to and approval of the Weld County Procurement Manager; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' risk. 3. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. 4. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Invitation for Bid contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. Cooperative Purchasing Weld County encourages cooperative purchasing in an effort to assist other agencies to reduce their cost of bidding and to make better use of taxpayer dollars through volume purchasing. Vendor(s) may, at their discretion, agree to extend the prices and/or terms of the resulting award to other state or local government agencies, school districts, or political subdivisions in the event they would have a need for the same product/service. Usage by any entity shall not have a Solicitation # B2500092 Page 4 negative impact on Weld County in the current term or in any future terms. Solicitation # B2500092 Page 5 Schedule B - Scope of Work Project Overview Weld County is seeking bids for a vendor to provide remove and replace the existing HVAC and controls systems per the provided contract documents and this IFB, at Weld County Human Services Building B. Method of Procurement Invitation for Bid (IFB): is a procurement method often referred to as a sealed bid solicitation. When issued, the bid package is considered complete for bidding purposes. Responsiveness to the solicitation's terms and conditions are required. Incomplete or non -responsive bids will be eliminated from consideration. Low price is the key consideration by Weld County in awarding an IFB contract. Pricing Method Lump Sum Price: The lump sum price is the simplest and easiest price. Based on specifications, the contractor estimates their cost to provide the work, adds a profit margin, then proposes the sum as a price of the project. Lump Sum requires the proposals to include a fixed, not -to -exceed lump sum, which shall include all costs that may be paid to the contractor. The solicitation may include an itemized list of costs, in which case the proposals shall include itemized costs. Specific Requirements and Responsibilities The scope of this project is for construction management and general contracting services per this invitation for bid and attachments which include the project documents and drawings to upgrade the existing HVAC and Controls systems at Weld County Human Services Building B. 1. All submittals will need to be provided to the County project manager for review and approval no later than thirty (30) days after contract execution. 2. Any additional work or scope that may result in changes must be submitted to the County project manager in writing and approved before any work is to be started. If the contractor does not submit in writing and receive written approval but starts any additional work, the contractor will be responsible for all associated cost and or schedule impacts/delays. 3. Any clarification or information needed from the contractor must be submitted through an RFI for response. It is the contractor's responsibility for tracking and maintaining all RFI's. An RFI log must be maintained and kept by the contractor and available for review at the weekly coordination meeting or upon request. 4. Contractor is responsible for all material handling and deliveries. Weld County will not accept any deliveries made to the building. The contractor will use the work area(s) for any onsite storage that may be needed. 5. The contractor will provide a full-time superintendent or project manager on site while any work is being performed. 6. The contractor is responsible for all daily cleanup and ensuring that all materials or equipment have been properly stored in the designated areas at the end of each shift to ensure normal building operations are not interrupted. If at any time Weld County personnel or contractors have to clean or move materials or equipment that were not properly stored the contractor will assume all associated costs. 7. Contractor is responsible for coordination with Weld County building department and the local Solicitation # B2500092 Page 6 city and fire municipalities. 8. All work that is to be completed will be done in a fully occupied building. Contractor is responsible for providing a project schedule showing the proposed phasing of the work to be completed. A minimum of 4 phases will be required. Which means approximately 25% of the building will be allowed to be worked on at any one time. Final phasing and work schedule must be approved by the Weld County project manager prior to starting any work. Weld County project manager has sole discretion for approval of phasing plan. 9. All work within the building will be required to be completed outside of normal business hours, unless prior written approval is received by the Weld County project manager. 10. Normal business hours are Monday through Friday 7:00 am to 5:00pm. 11. Contractor is responsible for a complete commissioning package per the project documents and this IFB. 12. Existing controls are to be removed and replaced in their entirety per the project documents and this IFB. 13. Contractor is responsible for all required structural, architectural, mechanical, electrical, plumbing, and controls as required per the project documents provided and this IFB. 14. Contractor is responsible for all backing requirements. Any surface mounted piece of equipment must have at minimum %" plywood as backing. 15. Contractor is responsible for providing their own construction office if they deem one is needed. 16. Contractor must submit daily logs or project updates to the Weld County project manager on a weekly basis at minimum. 17. Contractor is responsible for maintaining existing site conditions including all areas that are not disturbed during the construction process. All existing site conditions including but not limited to soils, grading, stormwater, and vegetation must be restored to original condition. Weld County HSB HVAC Upgrade Project Close Out Requirements: 1. Contractor will provide two (2) complete sets of O&M manuals. 2. Contractor will provide two (2) complete sets of as-builts along with a digital file. 3. Contractor will provide all manufacturer's warranty documentation for all equipment. 4. Contractor will provide a detailed report for all craftsmanship and labor warranties. 5. Contractor will provide a maintenance schedule for all systems and or equipment as required to maintain all warranties. 6. Contractor will provide formal training as outlined and required by all manufacturer's recommendations, to Weld County's designated staff. 7. Contractor will host a Project Closeout meeting with all contractors, design team, and Weld County personnel associated with this project. Weld County HSB HVAC Upgrade Project Standard Terms and Conditions: 1. RFI's are only', to be sent through the County project manager. RFI responses will be sent from the County project manager to the construction team. Direct submissions to or responses from any other source will not be permitted. If additional resources are needed to clarify or answer an RFI the County project manager will coordinate as needed 2. All damages to building structure and finishes shall be repaired to original condition as a part of this contract. 3. Contractor is responsible for all private and public locates. 4. Project will be permitted through Weld County. Fees for Weld County Building Permit will be waived. Any other fees associated with this project will be paid for by the contractor. Contractor is responsible for the coordination and scheduling of all inspections that are required. The contractor will be responsible for having a qualified representative on site for any Solicitation # B2500092 Page 7 inspection. 5. All electrical work will be done by a qualified State licensed electrician. 6. All plumbing work will be done by a qualified State licensed plumber. 7. All mechanical work will be done by a qualified State Licensed technician. 8. Any temporary protection for flooring, walls, ceilings, furniture, or any other surface or equipment that could be damaged is the responsibility of the contractor to protect at their cost. Any damages occurred will be the contractor's responsibility to repair or replace. 9. All lifting and hoisting equipment shall be provided by the contractor as needed. 10. Work will comply with all applicable Federal, State and local laws, ordinances and regulatory requirements. 11. No bid bond is required for this project. 12. Bids over $50,000 will require a payment (100%) and performance (100%) bond. Performance and payment bonds must be submitted using an AIA-A312 bond form. Other bond forms will not be accepted. 13. Retainage in the amount of 5% shall be held on all pay requests until the final acceptance of the project. 14.All trash and debris to be properly disposed of offsite. Due to the space constraints of this project this will need to be done on a regular basis. At no time will debris be allowed to accumulate. 15. Weld County is a tax-exempt entity. 16. Davis -Bacon and Buy American requirements are NOT required. Solicitation # B2500092 Page 8 Schedule C - Procurement Schedule Below is the anticipated schedule for procurement of this solicitation: Advertisement Date June 27, 2025 Pre -Proposal Meeting Mandatory July 11, 2025, at 10:00 am 315 N. 17th Ave, Bldg. B, Greeley CO Technical Questions Due July 18, 2025, by 10:00 am Technical Questions email bids@weld.gov Questions Answered via Addendum July 22, 2025 Proposals Are Due July 29, 2025, by 10:00 am Purchasing's Clock Solicitation Notice of Award (Anticipated) August 18, 2025 Contract Execution (Anticipated) September 1, 2025 Please provide the following schedule dates with an anticipated contract execution date of September 1, 2025. Schedule Description Submittals Schedule Date Equipment Ordered Equipment Lead Time Construction Start Construction Completion Solicitation # B2500092 Page 9 Schedule D - Bid Response Form Bid Submittal Instructions The following items must be completed and submitted with your proposal on or before the proposal opening deadline. 1) Schedule D — Bid Response Form 2) Any potential or future Addenda must be completed/acknowledged. 3) All other items as requested in the Bid Specifications and/or Scope of Work. Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete, non -responsive, and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it may be disqualified. Fees Provide fees for this project below: Description Architectural Electrical Mechanical Plumbing Structural Equipment Controls Other Price $ Total Lump Sum Pricing: Attestation The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all the conditions, specifications and special provisions set forth in the Invitation for Bid for Request B2500092 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying bid sheets. 4. Acknowledgement that bidder is required to submit a current IRS Form W9 upon award and prior to contracting. 5. Acknowledgement of Schedule E — Insurance 6. Acknowledgment of Schedule F — Weld County Contract 7. By submitting a responsive bid or proposal, the supplier agrees to be bound by all terms and conditions of the solicitation as established by Weld County. 8. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. Item Entry Solicitation # B2500092 Page 10 Company Name: Address: Phone Email: FEIN/Federal Tax ID #: CONTRACTOR: By: Name: Title: Date of Signature Solicitation # 62500092 Page 11 Schedule E — Insurance Insurance Contractor shall provide coverage with limits of liability no less than those stated below: Required Types of Insurance. Workers' Compensation and Employer's Liability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act, AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 100,000 $ 100,000 $ 500,000 Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work. The policy shall be endorsed to include the following additional insured language: "County, its elected officials, affiliated entities, employees, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor." Such policy shall include Minimum Limits as follows: Each Occurrence $ 1,000,000 General Aggregate $ 2,000,000 Products/Completed Operations Aggregate $ 2,000,000 Personal/Advertising Injury $ 1,000,000 Automobile Liability Insurance for Bodily Injury and Property Damage for any owned, hired, and non -owned vehicles operating both on County property and elsewhere in the performance of this Contract. The policy shall be endorsed to include the following additional insured language: "County, its elected officials, affiliated entities, employees, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor." Contractor's Automobile Insurance Policy shall include Minimum Limits as follows: Bodily Injury/Property Damage (Each Accident) $ 1,000,000 Solicitation # B2500092 Page 12 Proof of Insurance. All insurers must be licensed or approved to do business within the State of Colorado, and unless otherwise specified, all policies must be written on a per occurrence basis. The Contractor shall provide the County with a Certificate of Insurance evidencing all required coverages, before commencing work or entering the County premises. The Contractor shall furnish the County with certificates of insurance (ACCORD) form or equivalent approved by the County as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Contractor shall name on the certificate" Weld County, its elected officials, affiliated entities, employees, agents, and volunteers as Additional Insureds" for the Commercial General Liability coverage and for the Automobile Liability coverage for work that is being performed by or on behalf of the Contractor. On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract. Upon request by the County, Contractor must provide a certified copy of the actual insurance policy and/or required endorsements, for examination, effecting coverage(s) required by the Contract. Such documents are deemed confidential and deemed not public records for purposes of the Colorado Open Records Act. All certificates and endorsements are to be received and approved by the County before work commences. Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project, and for a longer period of time if required by other provisions in this Agreement. Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal is a material breach of contract. All certificates and any required endorsement(s) shall be sent directly to the County Department Representative's Name and Address. The project/contract number and project description shall be noted on the certificate of insurance. The County reserves the right to require complete, certified copies of all insurance policies for examination required by this Agreement at any time. Any modification or variation from the insurance requirements in this Agreement shall be made by the County Attorney's Office, whose decision shall be final. Such action will not require a formal contract amendment but may be made by administrative action. Additional Insurance Related Requirements: The County requires that all policies of insurance be written on a primary basis, non-contributory with any other insurance coverages and/or self-insurance carried by the County. The Contractor shall advise the County in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit. At their own expense, the Contractor will reinstate the aggregate limits to comply with the minimum requirements and shall furnish the County with a new certificate of insurance showing such coverage is in force. Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project. Contractors Professional Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years after completion of the project. Solicitation # B2500092 Page 13 Certificates of insurance shall state that on the policies that the County is required to be named as an Additional Insured, the insurance carrier shall provide a minimum of 30 days advance written notice to the County for cancellation, non -renewal, suspension, voided, or material changes to policies required under this Agreement, except when cancellation is for non-payment of premium, then ten (10) days prior notice may be given. On all other policies, it is the Contractor's responsibility to give the County 30 days' notice if policies are reduced in coverage or limits, cancelled or non -renewed. However, in those situations where the insurance carrier refuses to provide notice to County, the Contractor shall notify County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days or receipt of insurer's notification to that effect. The Contractor agrees that the insurance requirements specified in this Agreement do not reduce the liability Contractor has assumed in the indemnification/hold harmless section of this Agreement. Failure of the Contractor to fully comply with these requirements during the term of this Agreement may be considered a material breach of contract and may be cause for immediate termination of the Agreement at the option of the County. The County reserves the right to negotiate additional specific insurance requirements at the time of the contract award. Subcontractor Insurance. Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above -described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. No limitation of Liability. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Insurance Mailing Information Certificates of Insurance, endorsements and bonds shall be provided to the County via electronic correspondence or mail using the information below: Email: Project Manager: Will Hopkins Email: whopkins@weld.gov Telephone: (970) 400-2044 Solicitation # B2500092 Page 14 Mail: Weld County Facilities Department ATTN: Will Hopkins PO Box 758 Greeley, CO 80632 Solicitation # 62500092 Page 15 Schedule F - Weld County Contract Contractual Obligations 1. The successful Contractor will be required to sign a contract substantially similar to the Weld County Standard Contract shown in Schedule F of this document. The County reserves the right to add or delete provisions to the form prior to Agreement execution. 2. Issuance of this solicitation does not commit the County to award any agreement or to procure. 3. If a formal contract is required, the Contractor agrees and understands that a Notice of Award does not constitute a contract or create a property interest of any nature until a contract is signed by the Awardee and the Board of County Commissioners and/or their authorized designee. 4. Contractor is responsible for reviewing the Weld County Standard Contract and understanding the terms and conditions contained therein, including, but not limited to, insurance requirements, indemnification, illegal aliens, equal opportunity, non - appropriation, and termination. 5. Contractor's Response to this solicitation is a willingness to enter into the Weld County Standard Contract or Contractor shall identify and include any proposed revisions they have for the Weld County Standard Contract. Any proposed revisions made by the Contractor after the County Notice of Intent to Award the Solicitation may be grounds for rescinding said Notice. The identification of willingness to enter into the standard Agreement is for general purposes at this time but is part of the evaluation process and must be included. There may be negotiations on a project -by -project basis that provide further clarification. Weld County Standard Contract Below is a sample of a standard Weld County Contract for General Services: Service Agreement Between Weld County and [Contractor] THIS AGREEMENT is made and entered into this day of F 202,4 by and between the Board of Weld County Commissioners, on behalf of [ nt], hereinafter referred to as "County," and [tractor], hereinafter referred to as "Contractor". WHEREAS, County requires an independent contractor to perform the services required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing and has the specific ability to perform the required services at or below the cost set forth in the attached Exhibits; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below. Solicitation # B2500092 Page 16 NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the attached Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict ooi, ups between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall be bases( upon order, of attachment. Exhibit A consists of County's Invitation for Bid (IFB) as set forth'ib,Bid Pacfage<< B Exhibit B consists of Contractor's Response to County's Re 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel, and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall'further be responsible for the timely completion and acknowledges that a failure to comply with Ile standards and requirements of Work within the time limits prescribed by County r. a resultin County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and ends,one year later. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Due to the time needed for County to procure replacement services, Contractor may terminate this Agreement for its own convenience upon ninety (90) days written notice to County. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and Contractor shall deliver to County all completed or partially completed Work under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Upon termination of this Agreement Solicitation #62500092 Page 17 by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Amendment. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. 6. Compensation. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay Contractor an amount not to exceed $'''!,,,-' as set forth in the Exhibits. No payment in excess of thatse#erth in the Exhibits will be made by County unless a Change Order authorizing such additi nl pay , nt has been specifically approved by Weld County. If, at any time during the ter or afte rmination or expiration of this Agreement, County reasonably determines that any pay*'.'nt made by County to Contractor was improper because the service for which p drat was made did not perform as set forth in this Agreement, then upon written notice of su i' determinaion and request for reimbursement from County, Contractor shall forthwith�, return V. 'ment(s) to County. Upon termination or expiration of this Agreemenit,-unexpended fundssadvanced by County, if any, shall forthwith be returned to County. County Nall not t thhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be s')ely responsible for the accurate reporting and payment of any taxes related to pay vents made pursuant to the terms of this Agreement. Unless expressl enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any o e►expenses (e. ,,mil e). Notwithstanding anything to the contrary contained in this Agreement, County shall"'t ie'no obligations under this Agreement after, nor shall any p ne 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 ' ounty Commissioners' in compliance with Article 25, Title 30 of the Colorado Revised Statute y the Local Government Budget Law (C.R.S. 29-1-101 et seq.) and the TABOR endment�(.olorado Constitution, Article X, Sec. 20). d 7. Indepennt Contir•.ctor. Contractor's officer, age norOtitled to any emploi con nsation be efits) shall' „",'s bl performeds suant to 's Agr`etement. Any provisions in this Contract that may appear to give � '' the County the right to .,.=ect Contractor as to details of doing work or to exercise a measure of control over the work n that Contractor shall follow the direction of the County as to end results of the work �riThe Contractor is obligated to pay all federal and state income tax on any moneys earn'a ,r paid pursuant to this contract actor i gkees that it is an independent contractor and that ployees will not become employees or agents of County, ent(including unemployment insurance or workers' Os a result of the execution of this Agreement. Contractor is and those of its agents and employees for all acts 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of the Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, Solicitation # B2500092 Page 18 assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees, and subcontractors. 9. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. 10. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during:completion of this work. Acceptance by County of reports and incidental4material(s) furnished% rider this Agreement shall not in any way relieve Contractor of responsibilityfor the quality and accuracy of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach ordefault exists shall not impair or prejudice any right or remedy availableto.nunty with respectjto such breach or default. No assent expressed or implied, to any breach of"any one or -More covenants, provisions or conditions of the Agreement shall be;deemed or.taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a,waiyer of any of the County's rights under this Agreement or under the law generally 11. Insurance. Contractor must secure, bore the commencement of the Work, the following insurance covering all operations goods, :and services; provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. Contractor shall provide coverage with limits'of liablty.no less"than those stated below. An excess liability policy or umbrella;. liability policy may be:used to meet the minimum liability requirements provided that the coverage is written on -a-"following form`' basis. Acceptability of Insurers:,"Insurance is to be placed with insurers duly licensed or authorized to do businesssi t he state of Colorado and with an "A.M. Best" rating of not less than A -VII. The County in no way warrants that the above -required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency. Required Types of Insurance. Workers' Compensation and Employer's Liability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act, AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 100,000 Solicitation # B2500092 Page 19 $ 100,000 $ 500,000 Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work. The policy shall be endorsed to include the following additional insured language: "County, its elected officials, affiliated entities, employees, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor." Such policy shall include Minimum Limits as follows: Each Occurrence $ 1,000,000 General Aggregate $ 2,000,000, Products/Completed Operations Aggregate $ ."., 2,000,0OQ` Personal/Advertising Injury $ ?1,000,000 Automobile Liability Insurance for Bodily Injury and Property Damagehfawned, hired, and non -owned vehicles operating both on County property and elsewhere In tie performance of this Contract. The policy shall be endorsed to inc nude th44,MlowiribY dditional insured language: "County, its elected officials, affiliated, entities, employees, agents, and volunteers shall be named as additional insureds with respectIto liability ar ing out of the activities performed by, or on behalf of the Contractor " Contractor's Automobile Insurance P Bodily Injury/Property Damage 1, 12. Proof of Insurance., All insurers'rnust be licensed or approved to do business within the State of Colorado, and t' l less;,otherw s specified, all policies must be written on a per occurrence basis l e Contactor shallG gvide the County with a Certificate of Insurance evict ibing all required coy,-,,ges,Iefore�eommencing work or entering the County premises. TheContractor shall furnish the li my with certificates of insurance (ACCORD) form or equt# lent approved by the;Coun y as required by this Contract. The certificates for each r' n " insu' illo be , ,ft, y a person authorized by that insurer to bind coverage on its behalf. metre Contractor shalt -name on the certificate" Weld County, its elected officials, affiliated entities, empld es, agents, and volunteers as Additional Insureds" for the Commercial General Liability coverage and for the Automobile Liability coverage for work that is being performect,40,bn behalf of the Contractor. ,r, On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract y shall O Jude Mini) rn Limits as follows: rr ent) $ 1,006;000 Upon request by the County, Contractor must provide a certified copy of the actual insurance policy and/or required endorsements, for examination, effecting coverage(s) required by the Contract. Such documents are deemed confidential and deemed not public records for purposes of the Colorado Open Records Act. All certificates and endorsements are to be received and approved by the County before work commences. Solicitation # B2500092 Page 20 Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project, and for a longer period of time if required by other provisions in this Agreement. Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal is a material breach of contract. All certificates and any required endorsement(s) shall be sent directly to the County Department Representative's Name and Address. The project/contract number and project description shall be noted on the certificate of insurance. The County reserves the right to require complete, certified copies of all insurance policies for examination required by this Agreement at any time. Any modification or variation from the insurance requirements in this Agreement shall be made by the County Attorney's Office, whose decision shall be final. Such action Will not require a formal contract amendment but may be made by administrative action. 13. Additional Insurance Related Requirements: The County=requires-that all policies of insurance be written on a primary basis, non-contributory with any other insurance coverages and/or self-insurance carried by the County. The Contractor shall advise the County in the event any general,aggregate or other aggregate limits are reduced below the required per occurrence, limit. At their own expense, the Contractor will reinstate the aggregate limits to comply.with the minimum requirements and shall furnish the County with a new certificate of insurance showing such coverage is in force. Commercial General Liability Completed Operations coveragermust be kept in effect for up to three (3) years after completion :of the project. Contractors Professional Liability (Errors and Omissions) policy must be kept.in effect for up to three (3) years after completion of the project. Certificates of insurance shall state that;, on the policies that the County is required to be named as an Additional Insured, theinsurance carrier shall provide a minimum of 30 days advance written notice to the'Countyffor cancellation, non -renewal, suspension, voided, or material changes to policies required underlhis Agreement, except when cancellation is for non- payment of premium, then ten (10) days prior notice may be given. On all other policies, it is the Contractor's responsibility to give the County 30 days' notice if policies are reduced in -coverage or limits, cancelled or non -renewed. However, in those situations where the insurance carrier refuses to provide notice to County, the Contractor shall notify County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days or receipt of insurer's notification to that effect. The Contractor agrees that the insurance requirements specified in this Agreement do not reduce the liability Contractor has assumed in the indemnification/hold harmless section of this Agreement. Failure of the Contractor to fully comply with these requirements during the term of this Agreement may be considered a material breach of contract and may be cause for immediate termination of the Agreement at the option of the County. The County reserves the right to negotiate additional specific insurance requirements at the time of the contract award. Solicitation # B2500092 Page 21 14. Subcontractor Insurance. Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above -described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. 15. No limitation of Liability. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate andioriprudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of a liability or other obligations assumed or pursuant to the Contract by reason of its f ilure to "� ta'in or maintain insurance in sufficient amounts, duration, or types. Thb,Contractor,AOalt.Maintain, at its own expense, any additional kinds or amounts of insurance that it may deemnecessaryFto cover its obligations and liabilities under this Agreement. 16. Mutual Cooperation. The County and Contractorshall':cooperat with eac other in the collection of any insurance proceeds which may bev'payable in,the event of any loss, including the execution and delivery of any proof of loss or ' .other actiorisrequired effect recovery. 17. Indemnity. The Contractor shall defend, indemnify, hold harmless and, not excluding the County's right to participate, defend theCourity its offio0r4,,offigais, agents, and employees, from and against all liabilities, claims, actions, damages, losse's and expenses including without limitation reasonable attorneys' ees and costs (hereinafter referred to collectively as "claims") for bodily injury or personal injury includingdeath, orloss, or damage to tangible or intangible property caused, oralleged to be, caused, in`whole or in'part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors. This indemnity includes any claim or amount arising out of or recovered under the', or ers'„Compensation law or arising out of the failure of such contractor to conforms to any federal, state, -;or local law, statute, ordinance, rule, regulation, or court decreent is the specific intentionipStilitiy,c4 the parties that County shall, in all instances, except for claims arising solely from ta negligent or willful acts or omissions of the County, be indemnified by Contractor from and against any and all claims. It is agreed that Contractor will be respon bI**Itmary- s investigation, defense, and judgment costs where this indemnification is applble In -consideration for the award of this contract, the Contractor agrees to waive all right of subrogation against the County, its officers, officials, agents, and employees for losses arising from the work performed by the Contractor for the County. 18. Non-Assignmen6 Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 19. Examination of Records. To the extent required by law, the Contractor agrees that a duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers, and records of Contractor, involving all matters and/or transactions related to this Agreement. Contractor agrees to maintain these documents for three years from the date of the last payment received. soficitation # B2500092 Page 22 20. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes, or Governmental actions. 21. Notices. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c) electronic transmission via email at the address set forth below; where a receipt or acknowledgment is required and received by the sending party;:or Either party may change its notice address(es) by written notice to the other. Notice may be sent to: TO CONTRACTOR: Name: Position: Address: E-mail: Phone: TO COUNTY: Name: Position: Address: E mail: Phone: 22. Compliance vith.;Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 23. Non -Exclusive Agreement. This Agreement is nonexclusive, and County may engage or use other Contractors or persons to perform services of the same or similar nature. 24. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed.or supplemented only by a written instrument signed by both parties. 25. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made Solicitation # B2500092 Page 23 available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 26. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50- 507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 27. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including, without limitation, the warranties, indemnification obligations, confidentiality and record keeping requirements) shall survive any such expiration or termination. 28. Severability. If any term or condition of this Agreement shall be held to be i.Valid, 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. 29. Non -Waiver. No term or condition of this Agreement#shad be construed or interpreted as a waiver, express or implied, of the monetary limitations or any of the 'o".er immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§ 24- 10-101 et seq., as applicable now or hereafter amended. 30. No Third -Party Beneficiary. It is expr`esslyUnderstood=and agreed that the enforcement of the terms and conditions of this Agreement, and I nghtsrof ction relating to such enforcement, shall be strictly reserved to_ the undersigned *ties and nothing in this Agreement shall give or allow any claim oar right of action whatsoeyer by any other person not included in this Agreement. It -lathe express, intentionof the undersigned parties that any entity other than the undersigned,; parties receiving services or benefits under this Agreement shall be an incidental -beneficiary only. 31. Board;of Commissioners of -Weld County Approval. This Agreement shall not be validYurctii it has been approved by the Board of County Commissioners of Weld County, Colorado, or its designee.: 32. Choiurisdictron. Colorado law, and rules and regulations established pursuant thereto, shalt be applied n 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'Ybe null and void. In the event of a legal dispute between the parties, Contractor agrees thatithe Weld County District Court shall have exclusive jurisdiction to resolve said dispute'. 33. No Employment of Unauthorized Aliens - Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an unauthorized alien who will perform work under this Agreement (see 8 U.S.C.A. §1324a and (h)(3)) nor enter into a contract with a subcontractor that employs or contracts with an unauthorized alien to perform work under this Agreement. Upon request, contractor shall deliver to the County a written notarized affirmation that it has examined the legal work status of an employee and shall comply with all other requirements of federal or state law. Contractor agrees to comply with any reasonable request from the Colorado Department of Labor and Employment in the course of any investigation. Solicitation # B2500092 Page 24 If Contractor fails to comply with any requirement of this provision, County may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. 34. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 35. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra -judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this'Agreement, understands it and agrees to be bound by its terms. Both parties further_. agree. that this Agreement, with the attached Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written and any other communications between the parties relating to the subject matter of this,Agreement CONTRACTOR: By: Name: Title: WELD COUNTY: ATTEST: Weld County Clerk to the Bo BY: Deputy"Clerk to the Board Perry L. Buck, Chair Date of Signature: BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO Solicitation # B2500092 Page 25 EXHIBIT Schedule C - Procurement Schedule I Below is the anticipated schedule for procurement of this solicitation: Advertisement Date Pre -Proposal Meeting Mandatory Technical Questions Due Technical Questions email Questions Answered via Addendum Proposals Are Due Solicitation Notice of Award (Anticipated) Contract Execution (Anticipated) June 27, 2025 July 11, 2025, at 10:00 am 315 N. 17th Ave. Bldg. B. Greeley CO July 18, 2025, by 10:00 am bids@weld.gov July 22. 2025 July 29, 2025, by 10:00 am Purchasing's Clock August 18, 2025 September 1, 2025 Please provide the following schedule dates with an anticipated contract execution date of September 1, 2025. .. Schedule Description§chedule DateSubmittals S 44' Z -61-C 5te 4 - Equipment Ordered _ Equipment Lead Time Lo ---y Weed�s 4_ Construction Start Nov p y t'' I► 2 Construction Completion "1- Feb log'' "Z-ozr- _ Solicitation # B2500092 Page 9 Schedule D - Bid Response Form Bid Submittal Instructions The following items must be completed and submitted with your proposal on or before the proposal opening deadline 1) Schedule D — Bid Response Form 2) Any potential or future Addenda must be completed/acknowledged. 3) All other items as requested in the Bid Specifications and/or Scope of Work. Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete, non -responsive, and your bid being rejected If there are any exclusions or contingencies submitted with your bid it may be disqualified Fees Provide fees for this project below Description Architectural Electrical Mechanical Plumbing Structural Equipment Controls Other f ci--P 134,c Price $ Icy 0.3° — 5 &ls5- $ Lc 7, ?cc $ 12, (9,?r7` $ W POo— $ 3,s -z 1O72 — CIS ` Vir 313, $ $ $ 48 oaa Total Lump Sum Pricing' Attestation $ The undersigned, by his or her signature, hereby acknowledges and represents that 1 The bid proposed herein meets all the conditions, specifications and special provisions set forth in the Invitation for Bid for Request B2500092 2 The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes 3 He or she is authorized to bind the below -named bidder for the amount shown on the accompanying bid sheets 4 Acknowledgement that bidder is required to submit a current IRS Form W9 upon award and prior to contracting 5 Acknowledgement of Schedule E — Insurance 6 Acknowledgment of Schedule F — Weld County Contract 7 By submitting a responsive bid or proposal, the supplier agrees to be bound by all terms and conditions of the solicitation as established by Weld County 8 Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County The bid(s) may be awarded to more than one vendor Item Entry Solicitation # 82500092 Page 10 Company Name: Address: Phone Email: FEIN/Federal Tax ID #: CONTRACTOR: By Name: Title: O ttieL 1Voco 1.4el lakc) i 344 Iv -he PI O1/Mn! q70 -4o --Zoaq DccV- e naCO a ie•ry u1 u . c•� c?7— t kW..? S-9 z0zs Date of Signature Solicitation # B2500092 Page 11 Addendum # 001 Bid Request Number B2500092 Human Services Building B HVAC Upgrade Questions and Answers: 1. Question: Sheet M601 RTU schedule note 3 mentions for the controls contractor (TCC) to send a BACnet controller to the RTU factory for the RTU manufacturer to mount and install inside of the RTU. The existing JCI controls for the building for each RTU are mounted in the space below for each RTU. Will it be acceptable for the TCC to install the RTU controller down in the space in the existing locations? Answer: Bid per plans and specifications. 2. Question: For the TCC RTU controllers, if they are not mounted inside the RTU, do the controllers need to be mounted in a new TCC control panel or can the existing control panels be reused to mount new controllers, to save cost for the county? Answer: New control panels are required. 3. Question: Sheet M601 RTU schedule note 7. Please confirm what type of duct sensors these shall be. Assuming these are smoke duct detectors to be installed by DIV26 contractor, however, please confirm or clarify Answer: New smoke duct detectors are required and shall be included in contractors bid response and cost. 4. Question: Sheet M401 mentions for the TCC to control an EF VFD. Please confirm the EF VFD is to be supplied with the RTU and it is to be installed at the factory by the RTU manufacturer Answer: Yes, the EF is to be supplied by the RTU manufacturer. 5. Question: Sheet M401 detail 4 shows multiple control points for the RTU. The sequence of operations then mentions for the RTU factory controller to control the RTU, and the TCC to supply the RTU with enable and various setpoints via BACnet. The sequence contradicts the control diagram, please clarify scope for the TCC here. If the TCC is just supplying an enable and setpoints to the RTU factory controller, please clarify how the TCC will also control all the other control points on the diagram if the RTU controller will already be controlling these. If these points shown on the RTU diagram are to only be monitored via BACnet, please clarify. If instead of the TCC sending the RTU an enable and setpoints, but rather the TCC should control the RTU via the control points in the diagram, can the sequence of operations please be adjusted? Having the TCC control points on the diagram would match to how other JCI Weld County RTUs are controlled/monitored, so that the control points are controlled via hardwired points and not just monitored via BACnet Answer: Bid per plans and specifications, including the controls wiring diagram. All control points shall be controlled via hardwired connections and not just through BACnet. 6. Question: Sheet M401 detail 4, if the RTU is to come with a factory controller with BACnet MSTP and factory control devices, then please clarify on detail 4 what control devices are to be provided and installed by the RTU manufacturer and what control devices are to be provided and installed by the TCC. Answer: Bid per plans and specifications. 7. Question: Spec 23 09 13 on sheet M001 mentions a new temperature sensor shall be supplied for each VAV box. Please confirm each sensor needs to have a display showing the temperature and that each sensor shall be adjustable by the user in the space. Answer: Yes 8. Question: Spec section 23 08 00 on sheet M001 refers to commissioning of the building. Will there be an outside commissioning agent as a part of this project? Answer: Prime contractor is responsible for providing a third -party commissioning agent per the plans and specifications. 9. Question: Sheet M601 RTU schedule note 12 mentions for each RTU to be provided with a refrigerant leak detection system with alarm. This point does not show up on the controls diagram for the RTU on sheet M401. Please confirm that the TCC needs to monitor this alarm point and send an alarm to the TCC interface. Answer: Yes, the controls contractor needs to monitor this alarm point and report to the TCC interface. Addendum Acknowledgement ***A signed copy must be submitted with your bid. Thank your** Company Name: -t /IA /ZJr- - _D Date of Signature Signatu Name: TIDCwe (Qj.� Title: U1 /l.e..,fr July 28, 2025 NORTCOL-05 TLESSER AW ON CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 7/24/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Renaissance Insurance Group PO BOX 478 Windsor, CO 80550 rciaoJweCT Scott Runyan (A/CPHONE FAX , No, Ext): (970) 236-8272 I (A/C, No): n pREss: srunyan@reninsurance.com INSURERS) AFFORDING COVERAGE NAIL # INSURER A: Employers Mutual Casualty Co (EMC) 21415 INSURED Northern Colorado Energy Solutions LLC dba NOCO Energy Solutions 394 Delozier Dr Fort Collins, CO 80524 INSURER B :AmTrust North America 15954 INSURER C INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIO ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TVTYPE LTR OF INSURANCE ADDL SUER INSD Ur POLICY NUMBER POLICY EFF (MMIDD/YYYYI POLICY EXP (MNIIDDA'YYYI LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMSMADE OCCUR X X 6023292 7/27/2025 7/27/2026 EACH OCCURRENCE $ 1,000,000 PREMISER (E occ once) $ 500,000 MED EXP An one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENII AGGREGATE LIMIT APPLIES PER: POLICY X ype, E LOC OTHER: GENERAL AGGREGATE $ 3,000,000 PRODUCTS - COMP/OP AGG $ 3,000,000 $ A AUTOMOBILE UABWTY X ANY AUTO OWNED AUTOS ONLY AUTOS ONLY SCHEDULED AUTOS _ 'AVME X X 6E23292 7/27/2025 7/27/2026 COMBINED SINGLE UMIT (Ea accident) 1,000,000 $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ (Perngi ent) SAGE $ A X UMBRELLA LIAR EXCESS MB X OCCUR CLAIMS -MADE 6J23292 7/27/2025 7/27/2026 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 DED I X I RETENTIONS 0 $ B WORKERS COMPENSATIONI AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNERIEXECUTIVE ❑ FFICER/MEMBER EXCLUDED? �Bandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below X N / A SWC1569677 7/1/2025 7/1/2026 X STATUTE / ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 A A Installation Floater Professional Liab 6C23292 6023292 7/27/2025 7/27O025 7/27/2026 7127/2026 Limit Each Claim 250,000 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD tN, ligrnal Remarks Schedule, may be attached if more space Is required) Subject to policy forms, conditions, definitions and exclusions. Weld County, Colorado, its elected officials, and its employees are included as additional insured on ongoing & completed operations coverage with respect to General Liability & Auto Liability. Waiver of subrogation applies with respect to General Liability, Auto Liability and Workers Compensation. CERTIFICATE HOLDER CANCELLAT Weld County Facilities Department P SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1105 H Street Greeley, CO 806311 AUTHORIZED REPRESENTATIVE V ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD NOCO Energy Solutions HVAC Controls Energy AudAs Comfort Quality Performance Savings NOCO Energy Solutions LLC. 394 Delozier Dr. Fort Collins, CO 80524 (970) 310-6240 To: Weld County Attention: Purchasing Subject: HVAC Systems Date: 7-28-25 Project Address: 315 N. 11t'' Ave Greeley DEAR VALUED CUSTOMER: We propose to furnish the equipment listed below at prices stated and in accordance with the terms, price and conditions which are attached to and are a part of this quotation. TAG: WELD COUNTY HUMAN RESOURCES BUILDING 1) Furnish the following equipment schedule below: a) (3) Trane YZK120 10 Ton RTU (RTU-1,4&7) b) (1) Trane YZK090 7'/Z Ton RTU (RTU-2) c) (1) Trane YZK102 8'/z Ton RTU (RTU-3) d) (2) Trane YZK150 12'/2 Ton RTU (RTU-5&6) e) (1) Greenheck roof mounted downblast exhaust fan (EF-1) f) (26) Price VAV terminal unit with electric re -heat (VAV-1-1 thru VAV-5-6) g) (1) Lot of Price GRD's h) Labor i) Crane j) Demo 2) Controls by Setpoint: a) DDC Network b) Demo of existing controls c) Install controllers in 7 RTU's d) Install controllers in 26 VAV units e) Misc Controls f) Labor g) Training h) Warranty 3) System Air Balance: a) Complete system air balance for all HVAC systems AMONG THE ITEMS NOT INCLUDED (unless specifically noted above): 1. All mechanical equipment 2. Roof penetrations Notes: According to Attachment #2 from EV Studio's doesn't require any structural steel alterations. I did put money in the quote just in case something comes up and we need to add vertical supports. NOTES: 1. Above price is firm and will remain in effect for 30 days from the date of this letter. Work in this proposal must proceed within 6 months of date of acceptance. Price is only valid with equipment specifically noted above. 2. This proposal must be signed, dated, and retumed to the sender prior to commencement of any work. 3. 30% Deposit Due at signing of proposal 4. Warranty begins immediately following the formal startup and completion of project. Any service calls received following the completion of the warranty period will be charged the standard street rate unless a signed service/maintenance contract specifies otherwise. DESCRIPTION: PRICE A. Total $ 998,189.00 Approval Signature Date: Quote Total $ Desired PO/Project Name for Invoicing Statements: Sincerely, aa..O4. Dave Geist/Co-Owner NOCO Energy Solutions LLC. 7-29-25 2 TERMS, PRICE, POLICY AND CONDITIONS OF Northern Colorado Energy Solutions LLC (HEREINAFTER REFERRED TO AS "NOCO") 1. Acceptance of this Quotation is limited to the terms hereof and no other terms or conditions appearing in any writing of the Buyer shall be binding upon Seller unless specifically agreed to in writing signed by an officer of NOCO. 2. Prices are subject to change without notice and do not include any applicable taxes or freight charges unless otherwise stated. 3. Unless otherwise specified on the reverse side hereof, payment shall be made net thirty days from date of invoice. Buyer agrees to make prompt payment of invoices. NOCO reserves the right to add to any account outstanding for more than 90 days a service charge of 2% of the principal amount due at the end of each month. 4. If your account is referred to a collection agency or attorney, you will be responsible for paying any costs and fees incurred by NOCO. If any matter hereunder goes to litigation, Applicant agrees to the exclusive jurisdiction of the Circuit Court Larimer authority to make any agreement, contract, warranty, term, promise, condition or understanding, expressed or implied, statutory, or otherwise. 5. It is expressly agreed that title to all goods remains in NOCO until payment in full has been received. The Buyer agrees to perform all acts which may be necessary to protect and assure retention of unencumbered title to such goods in NOCO, except any security interest of NOCO. 6. Promises of delivery are based upon best information available from the manufacturing source and are made in good faith but are not guaranteed. We are not liable for any delays in delivery or for any damage suffered by the Buyer or others by reason of any delay. 7. Cancellation of orders or portions thereof will not be accepted after material has been purchased or fabrication has been started. 8. Permission to retum goods for credit plus shipping instructions and return tags must be secured from NOCO before retuming any goods. All returned goods must be unused, in new condition, and in original crates. Goods retumed without authorization will be refused and retumed to shipper. Goods which are obsolete or made to special order are retumable only with prior written approval signed by an officer of NOCO and shall be conditioned upon Buyer paying a minimum restocking change of not less than 10% of the original invoice price (not including freight and taxes). 9. All deductions from payments to NOCO must include complete detail as to the reason behind the deduction. WARRANTY INFORMATION 1. Unless otherwise provided herein, Seller warrants title and that all goods sold hereunder shall conform to this Quotation. NOCO extends only the warranties given by the Manufacturer upon goods manufactured by it as those warranties are expressed in the Standard Product Warranty issued with each individual model by year of manufacture. No parts or labor warranty will be upheld on any equipment if it is used during any phase of construction. Except as otherwise expressly stated herein, SELLER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER MATTER WITH RESPECT TO THE GOODS. 2. It is expressly agreed between Buyer and NOCO that NOCO SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES arising out of the failure of any of the products sold pursuant to the Quotation, including but not limited to the inability of Buyer to use any such product, equipment or material. 3. Buyer expressly agrees that NOCO DOES NOT REPRESENT OR WARRANTY that the equipment sold hereunder will comply with any applicable laws or ordinances of the governmental jurisdiction where the equipment is to be installed. 4. Under no circumstances will NOCO make or secure installations, replacements or be responsible for the costs thereof, or for arty damages caused by faulty installations or repair by contractors or dealers or for improper or inadequate specifications. 5. Buyer agrees that its SOLE AND EXCLUSIVE REMEDY against NOCO in the event any product, equipment or materials sold to Buyer shall fail to conform to the terms and conditions of this Quotation or to any expressed or implied warranty set forth herein, and NOCO's sole and exclusive liability shall either be (1) to repair or (2) to replace such nonconforming part, equipment or material. NOCO shall not be responsible for labor charges for removal or reinstallation of such equipment or material or charges for transportation, handling and shipping or charges for refrigerant losses. IT IS AGREED THAT NOCO'S MAXIMUM LIABILITY SHALL NOT IN ANY CASE EXCEED THE CONTRACT PRICE FOR THE EQUIPMENT OR MATERIAL CLAIMED TO BE DEFECTIVE OR NONCONFORMING SUBJECT TO NOCO'S RIGHT OF REMOVAL AND RETURN OF SUCH EQUIPMENT OR MATERIAL. All of the foregoing shall constitute Buyer's sole and exclusive remedy and NOCO's sole and exclusive liability for supplying nonconforming or defective equipment or material. 6. No right or interest in this Agreement shall be assigned by either the Seller or Buyer without the written consent of the other. 7. Any action for breach of this Agreement, in whole or in part, not fled within two (2) years after the cause of action shall have first accrued, shall be barred. 8. Any cause of action whatsoever arising under or by virtue of this Quotation and any Agreement based therein shall be filed only in the Circuit Court of Larimer County, CO. It is the express agreement of the parties hereto that this Agreement is made and executed at the Seller's place of business; and the law of the State of CO shall govern all rights and duties of Buyer and Seller hereunder. 3 A�OR>fl, NORTCOL-05 CERTIFICATE OF LIABILITY INSURANCE TLESSER DATE (MM/DD/YYYY) 8/25/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Renaissance Insurance Group PO BOX 478 Windsor, CO 80550 =ACT Scott Runyan PAIHONE 970 236-8272 I (C, No. Ext): ( ) (c/EA/C, No): A DRESS: srunyan@team-rig.com INSURERS) AFFORDING COVERAGE NAIL # INSURER A : Employers Mutual Casualty Co (EMC) 21415 INSURED Northern Colorado Energy Solutions, LLC 3665 Canal Dr, Unit B Fort Collins, CO 80524 INSURER B : AmTrust North America 15954 INSURER C : INSURER D : INSURER E : INSURER F : R: 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 POLIO ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR INSD tNVD POLICY NUMBER POLICY EFF Zeal= POLICY EXP (MM/DD/YYYY1 LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X X 6D23292 7/27/2025 7/27/2026 EACH OCCURRENCE 1,000,000 $ FREM SES Ea oc urence) $ 500,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY !ZiaLOC OTHER: PRODUCTS - COMP/OP AGG $ 3,000,000 $ A AUTOMOBILE LIABWTY X ANY AUTO OWNED _ AUTOS ONLY HIREp AUTOS ONLY SCHEDULED AUTOS NON -OWNED AUTOS ONLY X X 6E23292 7/27/2025 7/27/2026 COMBINED SINGLE UMIT (Ea accident) 1,000,000 $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY pOMAGE (Per accident) $ $ A X UMBRELLA LIAR EXCESS LIAR X OCCUR CLAIMS -MADE 6J23292 7/27/2025 7/27/2026 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 $ DED I X I RETENTIONS 0 B WORKERS COMPENSATION MAR LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below X NIA SWC1569677 7/1/2025 7/1/2026 X I STATUTE I I RP - E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1'000'000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ A A Installation Floater Professional Liab 6C23292 6D23292 7/27/2025 7/27/2025 712712026 7/2712026 Limit Each Claim 250,000 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Subject to policy forms, conditions, definitions and exclusions. Project: HVAC Systems, 315 N. 11th Ave., Greeley, CO Weld County, its elected officials and its employees are named as additional insured in respects to General Liability, as required by contract. Blanket Waiver of subrogation is provided in favor of the additional insured. RTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Weld County tY THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1150 O Street Greeley, CO 80631 AUTHORIZED REPRESENTATIVE aa��nn ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Contract Form Entity Information Entity Name* Entity ID* NOCO ENERGY SOLUTIONS @00043455 Q New Entity? Contract Name* Contract ID HUMAN SERVICES BUILDING B HVAC UPGRADES 9866 Contract Status CTB REVIEW Contract Lead * CNAIBAUER Contract Lead Email cnaibauer@weld.gov Contract Description* REPLACE RTUS AND UPGRADE HVAC SYSTEM ON HUMAN SERVICES BUILDING B Contract Description 2 Parent Contract ID Requires Board Approval YES Department Project # Contract Type* Department Requested BOCC Agenda Due Date CONTRACT BUILDINGS AND Date* 09/04/2025 GROUNDS 09/08/2025 Amount" $998,189.00 Department Email Will a work session with BOCC be required?* CM- HAD Renewable* BuildingGrounds@weld.go NO Does Contract require Purchasing Dept. to be included? Automatic Renewal Grant IGA Department Head Email CM-BuildingGrounds- DeptHead@weld.gov County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Contact Info Review Date * 08/03/2026 Committed Delivery Date Renewal Date Expiration Date* 08/03/2026 Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head PATRICK O'NEILL DH Approved Date 09/15/2025 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 09/22/2025 Finance Approver CHERYL PATTELLI Legal Counsel BYRON HOWELL Finance Approved Date Legal Counsel Approved Date 09/15/2025 09/15/2025 Tyler Ref # AG 092225 Originator CNAIBAUER August 6, 2025 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: Patrick O'Neill Subject: Weld County Human Services Building B HVAC Upgrade — 82500092 As advertised this bid is for an HVAC upgrade at Weld County Human Services Building B. The low bid is from NOCO Energy Solutions and meets specifications. Therefore, the Facilities Department is recommending the award to NOCO Energy Solutions in the amount of $998,189.00. If you have any questions, please contact me at extension 2023. Sincerely, Patrick O'Neill Facilities Director 2025-2396 VZS 1300Z-1 Weld County Finance Department Purchasing Division bidsCa�weld.gov 1301 North 17th Avenue Greeley, Colorado 80631 Bid Opening Tabulation Title: Human Services Building B HVAC Upgrade Bid Number: B2500092 Department Facilities Bid Opening Date: July 29, 2025 Approval Date: August 25, 2025 Vendors Name Total Amount Noco Energy Solutions 394 Delozier Drive Fort Collins, CO 80524 $998,189.00 Growling Bear Co Inc 2330 4th Avenue Greeley, CO 80631 $1,655,395.00 The Facilities Department is reviewing the proposals. Hello