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November 4, 2025
FACILITIES DEPARTMENT
(970) 400-2023
1 l05 H St., P.O. Box 758
Greeley, CO 80632
To: Board of County Commissioners
From: Patrick O'Neill
Subject: Extensions Building — Unit Heater Replacement
The Extensions building requires (4) new unit heaters within the lobby. Through the
informal bid process, NOCO Energy Solutions LLC is the low bidder and can meet the
timeline.
Therefore, Facilities is recommending NOCO Energy Solutions be awarded the contract
in the amount of $10,185.00.
If you have any questions, please contact me at extension 2023.
Sincerely,
Patrick O'Neill
Director
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2025-3096
5C10021 2l
SERVICE AGREEMENT BETWEEN WELD COUNTY AND NOCO ENERGY
SOLUTIONS
THIS AGREEMENT is made and entered into this I ZMay of t MYYlkV,
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 Contractor's Response to County's Request for informal bid.
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
entering into Agreements which bind County for periods longer than one year. This
Agreement may be extended upon mutual written agreement of the Parties.
Form Revision 5-2025
2025-369ko
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 $10,185.00 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 return 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
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
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Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment
(Colorado Constitution, Article X, Sec. 20).
7. Independent Contractor. Contractor agrees that it is an independent contractor and
that Contractor's officers, agents or employees will not become employees 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
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,
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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
insureds with respect to liability arising out of the activities performed by, or on
behalf of the Contractor."
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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 es 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.
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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
coverage or limits of any insurance within seven (7) days or receipt of insurer's
notification to that effect.
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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 -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 W 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
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
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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:
TO CONTRACTOR: NOCO Energy Solutions
Name: Dave Geist
8
Position: Owner/Commercial Estimator
Address: 394 Delozier Dr. Fort Collins CO 80524
E-mail: dave@nocoenergysolutions.com
Phone: 970-310-6240
TO COUNTY:
Name: Patrick O'Neill
Position: Facilities Director
Address: 1105 H Street Greeley, CO 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. Fund Availability. Financial obligations of the County payable after the current
fiscal year are contingent upon funds for that purpose being appropriated, budgeted,
and otherwise made available. Execution of this Agreement by County does not
create an obligation on the part of County to expend funds not otherwise
appropriated in each succeeding year.
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.
9
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 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.
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.
10
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
Name: Dave Geist
Title: Owner
Digitally signed by Dave Geist
Date: 2025.11.05 13:02:46 -07'00'
WELD COUNTY:
ATTEST:Wsdd,,,i
Weld County Clerk to the Board
BY: 4WUJI
Deputy Clerk to theQ/fl7
ard
Date of Signature: 11-5-25
BOARD OF COUNTY COMMISSIONERS OF
WELD COUNTY, COLORADO
11
L. Buck, Chair
NOV 1 2 2025
2025-30%
Exhibit A
NOCO &Tut;
Energy Solutions Performance
Savings
HVAC Controls Energy Audgs
NOCO Energy Solutions LLC.
394 Delozier Dr.
Fort Collins, CO 80524
(970)310-6240
To: Weld County
Attention: Alex Engelbert
Subject: HVAC Systems
Date: 10-24-25
Project Address: 525 N 15th 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: ISLAND GROVE UNIT HEATER REPLACEMENT
1) Furnish the following equipment schedule below:
a) (4) Remove and recycle existing Modine unit heaters
b) (4) Install new Reznor UDXC45 Unit heaters
i) (4) New thermostats
ii) Venting material to existing B -Vent
iii) Hookup gas One
iv) Hookup electrical
v) Startup and check gas pressure
Note:
Existing units were 50K BTU with an output of around 40K. The new 45K unit heaters only have an output of 36K. They
should work just fine. Although we can move up to Reznor 60K heaters with an output of 49.8K. I have included the price
for the Reznor UDXC60's as well.
Unit heaters are in stock as of 10-24-25
AMONG THE ITEMS NOT INCLUDED (unless specifically noted above):
1. All mechanical equipment
2. Roof penetrations
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 returned to the sender prior to commencement of any work.
3. 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 UDXC45
B. Total UDXC60
$ 10,185.00
$11,385.00
Approval Signature Date:
Quote Total
Desired PO/Project Name for Invoicing Statements:
********************
Sincerely,
10-24-25
Dave Geist/Owner
NOCO Energy Solutions LLC.
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 return goods for credit plus shipping instructions and return tags must be secured from NOCO before retuming any goods. Al
returned goods must be unused, in new condition, and in original crates. Goods returned without authorization will be refused and returned 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 charge of not less than 10% of the original invoice price (not including height
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 govemmental 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 any 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 filed 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
NORTCOL-05
TLESSER
A� O�
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
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
CONTACT Scott Runyan
NAME:
PHONE FAX
PAM, Ext): (970) 236-8272 (A/C, No):
noo lEss: 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 :
VERAGE
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.
INSR TYPE OF INSURANCE
LTR
ADD& SUER
INSD VC
POLICY NUMBER
POLICY EFF
fMMIDDMlYYI
POLICY EXP
IMM/DD/YYYYI
LIMITS
A X
COMMERCIAL GENERAL LIABILITY
CLAIMSMADE ❑X OCCUR
X X
6D23292
7/27/2025
7/27/2026
EACH OCCURRENCE
$ 1,000,000
pREM SES fEa occu o nce)
$ 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 ❑X TCT LOC
OTHER:
PRODUCTS - COMP/OP AGG
$ 3,000,000
$
A AUTOMOBILE
X
_
LIABILITY
ANY AUTO
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
SCHEDULED
AUTOS
NON -OWNED
AUTOS ONLY
X X
6E23292
7/27/2025
7/27/2026
COMBINED SINGLE LIMIT
(Ea accident)
1,000,000
$
BODILY INJURY (Per person)
$
BODILY INJURY (per accident)
$
PROPERTY DAMAGE
(Per accident)
$
A X
UMBRELLALIAB
EXCESS LIAR
X OCCUR
CLAIMS -MADE
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
AND EMPLOYERS' LIABILITY Y / N
AFFICEWMEMBER EXCLUDED? ECUTIVE
(Mandatory In NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
X
N / A
SWC1569677
7/1/2025
7/1/2026
X I STATUTE I I OERH
E.L. EACH ACCIDENT
1,000,000
$
E.L. DISEASE - EA EMPLOYEE
$ 1'000'000
E.L. DISEASE - POLICY LIMIT
1,000,000
$
A Installation Floater
A Professional Liab
6C23292
6D23292
7/27/2025
7/27/2025
7/27/2026
7/27/2026
Limit
Each Claim
250,000
1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Adddional 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.
ANCELLATION
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 80631
AUTHORIZED REPRESENTATIVE
4-RE
ACORD 25 (2016/03)
@ 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Contract F
Entity Information
Entity Name* Entity ID"
NOCO ENERGY SOLUTIONS @00043455
Q New Entity?
Contract Name * Contract ID
REPLACE UNIT HEATERS IN THE EXHIBITION BUILDING 10044
Contract Status
CTB REVIEW
Contract Description*
REPLACE EXHIBITION BUILDING UNIT HEATERS
Contract Description 2
Contract Type *
CONTRACT
Amount*
$10,185.00
Renewable *
NO
Automatic Renewal
Grant
IGA
Contract Lead *
CNAIBAUER
Contract Lead Email
cnaibauer@weld.gov
Parent Contract ID
Requires Board Approval
YES
Department Project #
Department Requested BOCC Agenda Due Date
BUILDINGS AND Date* 11/06/2025
GROUNDS 11/10/2025
Department Email
CM-
BuildingGrounds@weld.go
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
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
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*
12/29/2025
Committed Delivery Date
Renewal Date
Expiration Date*
12/29/2025
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
11_/06/2025
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
11/12/2025
Finance Approver
RUSTY WILLIAMS
Legal Counsel
BYRON HOWELL
Finance Approved Date Legal Counsel Approved Date
11/06/2025 11/06/2025
Tyler Ref #
AG 111225
Originator
CNAIBAUER
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